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Section 2 of the House bill states that the purposes of this Act are to combat trafficking in persons, to ensure just punishment of traffickers, and to protect their victims. Section 2 of the House bill also includes findings to the effect that every year millions of people, predominantly women and children, are trafficked within or across international borders; that many victims are trafficked into the international sex industry, often through force, fraud, or coercion; that trafficking in persons is not limited to sex trafficking, but often involves forced labor and other violations of human rights; that trafficking is a growing transnational problem that is increasingly perpetrated by organized criminal enterprises; that existing legislation and law enforcement in the United

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   Section 2 of the Senate amendment contains identical purposes and similar findings, with a more succinct set of references to international agreements. Section 2 of the Senate amendment also contains findings to the effect that victims of severe forms of trafficking in persons should not be inappropriately incarcerated, fined, or otherwise penalized, and that existing United States statutes on involuntary servitude have been narrowly construed, in the absence of a definition by Congress, to exclude certain cases in which persons are held in a condition of servitude by nonviolent coercion.

   Section 2 of the conference agreement is substantially identical to section 2 of the Senate amendment.

   SEC. 3. DEFINITIONS

   Section 3 of the House bill defines certain terms used in this Act. ``Sex trafficking'' is defined as the purchase, sale, recruitment, harboring, transportation, transfer, or receipt of a person for the purpose of a commercial sex act. ``Severe forms of trafficking in persons'' is defined as sex trafficking induced by force, coercion, fraud, or deception, or involving a person under the age of 18, as well as trafficking for the purpose of subjecting the trafficked person to involuntary servitude, slavery, or slavery-like practices by force, coercion, fraud, or deception. ``Slavery-life practices'' means inducement of a person to perform labor or other services by force, coercion, or by any scheme, plan, or pattern to cause the person to believe that failure to perform the work will result in the infliction of serious harm, debt bondage amounting to involuntary servitude, or subjection to conditions so harsh or degrading as to provide a clear indication that the person has been subjected to them by force, or coercion. In the context of this bill, ``serious harm'' could include physical restraint that severely limits freedom of movement. ``Coercion,'' as defined, includes the use of force, violence, and physical restraint, as well as acts calculated to have the same effect (such as the credible threat of serious harm). The House provision also defines ``nonhumanitarian foreign assistance'' to include certain assistance under the Foreign Assistance Act of 1961 and the Export-Import Bank Act of 1945.

   Section 3 of the Senate amendment contains definitions similar to those in the House bill, with several exceptions. The Senate provision defines ``debt bondage'' as a condition in which personal services are pledged as security for a debt but in which either reasonable value of such services is not in fact applied to the debt or the length and nature of such services are unlimited or undefined. The Senate definitions do not use the term ``deception'' in the definition of severe forms of trafficking. The Senate provision omits the House definition of ``slavery-like practices'' because this term is not contained elsewhere in the Senate bill. Instead, the Senate provision makes clear that ``involuntary servitude'' includes a condition of servitude induced by means of any act, scheme, plan, or pattern intended to cause a belief that serious harm or physical restraint would otherwise occur, or by the abuse or threatened abuse of the legal process and also includes a definition of ``coercion.'' The Senate provision also includes definitions of ``State'' and ``United States'' which include the District of Columbia and United States territories and possessions. Finally, the Senate omits the definitions of ``act of a severe form of trafficking'' and ``nonhumanitarian foreign assistance'' contained in the House bill.

   Section 3 of the conference agreement is similar to the Senate provision, except that it includes a definition of ``nonhumanitarian, nontrade-related foreign assistance'' similar to the definition contained in the House provision, but excluding assistance under the Export-Import Bank Act of 1945 and under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961, relating to the Overseas Private Investment Corporation . The conference agreement also includes a definition of ``coercion'' corresponding to the definition included in 18 U.S.C. sec. 1591, added by section 12 of this Act, which provides for a criminal offense of sex trafficking.

   In various sections, the conference agreement uses more general terms such as ``trafficking'' or ``trafficking in persons'' rather than the more limited term ``severe forms of trafficking in persons.'' In such contexts, these terms are intended to be used in a more general sense, giving the President and other officials some degree of discretion to apply the relevant provisions to a broader range of actions or victims beyond those associated with severe forms of trafficking in persons. Such discretion is particularly appropriate in assistance to and protection of victims, because trafficked women and children may have a compelling need for such assistance and protection even though they have not been subjected to severe forms of trafficking. In this connection, the conference agreement includes a definition of ``victims of trafficking'' that would encompass a broader class of victims in certain programs. Where, however, this Act uses the term ``victims of severe forms of trafficking,'' even in provisions related to protection and assistance, the application of such provisions is limited to such victims.

   SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES

   Section 4 of the House bill requires the Secretary of State to include in the annual Country Reports a list of foreign countries that are countries of origin, transit, or destination for a significant number of victims of severe forms of trafficking, as well as information such as the extent to which government officials in such countries are involved in such trafficking, and an assessment of the steps governments are taking to combat trafficking and to assist victims of trafficking and protect their rights. Section 4 of the Senate amendment is substantially identical to the House provision, except that it does not require a list of countries and would therefore effectively require information about severe forms of trafficking in persons to be provided in the annual Country Report for each foreign country.

   Section 4 of the conference agreement is similar to the Senate provision except that it amends sections 116(f) and 502B of the Foreign Assistance Act of 1961, requiring certain information on trafficking in persons to be provided in the Country Reports. The section as amended will limit the required reporting in the Country Reports to severe forms of trafficking in persons, but gives the Secretary of State discretion to include such other information on trafficking as the Secretary deems appropriate. As with other human rights violations, the extent to which trafficking in persons is discussed in the Country Report for a particular country should be commensurate with the extent of the problem in such country.

   SEC. 5. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING

   Section 5 of the House bill provides that the President shall establish an Inter-Agency Task Force to Monitor and Combat Trafficking and authorizes the establishment an Office in the State Department to provide assistance to the Task Force. Section 5 of the Senate provision is substantially identical to the House provision, except that it requires the Task Force, beginning in 2002, to publish an annual list of countries which do not meet the minimum standards set forth in section 8, and authorizes interim reports with respect to such countries. Section 5 of the conference agreement is substantially identical to the House provision, although the conference agreement does provide in section 10 for annual and interim reports on countries whose governments do not comply with the minimum standards. It also provides that the Task Force will have primary responsibility for advising the Secretary of State on preparation of the reports in section 10.

   SEC. 6. PREVENTION OF TRAFFICKING

   Section 6 of the House bill charges the President, acting through the Agency for International Development and other agencies and in consultation with appropriate non-governmental organizations, with establishing initiatives to enhance economic opportunity for potential trafficking victims as a means of deterring trafficking, such as microcredit lending programs, training, and education. It also directs the President to establish programs to increase public awareness of the dangers of trafficking and the protections available to victims. Section 6 of the of the Senate amendment is substantially identical to section 6 of the House bill. Section 6 of the conference agreement is identical to the Senate provision.

   SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING

   Subsection 7(a) of the House bill charges the State Department and the Agency for International Development (AID) with establishing programs and initiatives in foreign countries to assist victims of trafficking. Subsection 7(a) of the Senate amendment is substantially identical to the House provision. Subsection 7(a) of the conference agreement is identical to the Senate provision, except that all authorities are vested in the President.

   Subsection 7(b) of the House bill directs the Attorney General, the Secretaries of Labor and of Health and Human Services , and the Board of Directors of the Legal Services Corporation to expand assistance to victims of severe forms of tafficking in the United States. The provision makes clear that for the purpose of receiving benefits, a ``victim of a severe form of trafficking'' means only a person who has been subjected to such trafficking and who either has not obtained the age of 15 years or is the subject of a certification that he or she (1) is willing to assist in every reasonable way in the investigation and prosecution of severe forms of trafficking in persons, and (2) either has made a bona fide application for a visa under the provisions of immigration law added by section 7(f), or is a person whose presence in the United States the Attorney General is ensuring in order to effectuate prosecution of traffickers. In addition, the section makes victims of severe forms of trafficking in the United States eligible for benefits under the Crime Victims Fund without regard to their

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   Subsection 7(b) of the Senate amendment is similar to the House provision except that it does not contain the certification requirement as a condition on eligibility for benefits. It also contains no reference to the Crime Victims Fund and does not provide a civil right of action.

   Subsection 7(b) of the conference agreement contains the certification requirement for benefit eligibility. The conference agreement, however, requires a certification only for victims who have attained the age of 18 years. This subsection of the conference agreement is similar to the Senate provision in that it provides no civil right of action. The conferees emphasize that nothing in this Act will preclude trafficking victims from availing themselves of applicable State, local or other Federal laws in seeking compensatory or other damages and relief in any civil proceeding. The House provision making victims eligible for benefits under the Crime Victims Fund has been deleted as unnecessary, because current law does not bar such victims from receiving such benefits on account of their immigration status. The conferees expect that the Office of Victims of Crimes will provide assistance to these victims, even though this provision was deleted. In addition, the conferees believe that in making grants under this section, the Attorney General and other federal officials should consider whether the prospective grantee denies services to a trafficking victim solely on account of conduct incident to that person's status as a victim.

   Subsection 7(c) of the House bill requires the Attorney General and the Secretary of State to promulgate regulations to ensure that: (1) victims of severe forms of trafficking are provided with appropriate shelter and care while in Federal custody; (2) victims are not jailed or fined merely because they were trafficked; (3) victims have access to legal assistance and translation services ; (4) victims are assured continuous presence in the United States to assist in the prosecution of traffickers; and (5) State and Justice Department personnel are trained in identifying and protecting victims of severe forms of trafficking.

   Subsection 7(c) of the Senate amendment is similar to the House provision, with to principal exceptions. First, it does not require regulations that explicitly prohibit incarceration, fines, or other penalties against victims on account of their having been trafficked. Instead, it requires regulations that prohibit the detention of victims in facilities inappropriate to their status as crime victims. Second, it requires regulations under which the Attorney General ``may'' ensure the continued presence of a person in the United States in order to effectuate prosecution of traffickers if the person is both a victim and a potential witness.

   Subsection 7(c) of the Senate conference agreement is substantially identical to the Senate provision. The conferees believe that the House provision with respect to jailing, fining, or otherwise penalizing victims of serious crimes on account of their status as crime victims or on account of conduct committed under duress incident to such status restates existing criminal law and is therefore unnecessary. The conferees also believe that training provided to State Department of Justice Department personnel should include methods for achieving antitrafficking objectives through nondiscriminatory application of immigration laws and others laws.

   Subsection 7(d) of the House bill makes clear that nothing in subsection (c) creates a private cause of action against the United States or its employees. Subsection 7(d) of the Senate amendment is identical to the House provision. Subsection 7(d) of the conference agreement is identical to both provisions.

   Subsection 7(e) of the House bill makes funds derived from the sale of assets seized from and forfeited by traffickers (pursuant to section 12(e) of the House bill) available for the victim assistance under subsections (a) and (b). The Senate amendment contains no corresponding provision. The conference agreement is identical to the Senate amendment.

   Section 7(f) of the House bill creates a new nonimmigrant. ``T'' visa for certain victims of severe forms of trafficking. Eligibility would be limited to persons who: (1) are victims of a severe form of trafficking in persons, as defined in section 3 of the act; (2) are in the United States or at a United States port of entry by reasons of having been trafficked here; (3) are no older than 14 years of age or were induced to participate in the sex trade or slavery-like practices by force, coercion, fraud, or deception, did not voluntary agree to any arrangement including such participation, and have complied with any reasonable request for assistance in the investigation or prosecution of trafficking acts; and (4) have a well-founded fear of retribution involving the infliction of severe harm upon removal from the United States or would suffer extreme hardship in connection with the trafficking upon removal from the United States. It also permits the Attorney General to grant a ``T'' visa if necessary to avoid extreme hardship to the victim's spouse, sons and daughters (who are not children), and the parents if the victim is under 21 years old. A victim's children who are unmarried and under 21 years old need not establish extreme hardship to receive a ``T'' visa. It precludes anyone in this section from receiving a ``T'' visa if there is substantial reason to believe that the person has committed an act of a severe form of trafficking in persons. The House provision permits the Attorney General to waive grounds of inadmissibility, including health-related grounds, public charge, and, with the exception of security, international child abduction, and former citizens who renounced citizenship to avoid taxation, any other provision of section 212(a) of the INA if the activities rendering the alien inadmissible were caused by the trafficking. It states that the INS is not prohibited from instituting removal proceedings against an alien admitted with a ``T'' visa for conduct committed after the alien's admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien's admission. The House provision also places an annual cap of 5,000 on ``T'' visas for trafficking victims. Finally, the House provision permits the Attorney General to adjust the status of a ``T'' visa holder to that of a permanent resident if the alien: (1) has been physically present in the United States for a continuous period of at least 3 years since the date of admission; (2) has throughout such period been a person of good moral character; (3) has during such period complied with any reasonable request for assistance in the investigation or prosecution of trafficking acts; and (4) has a well-founded fear of retribution involving the infliction of severe harm upon removal from the United States, or would suffer extreme hardship in connection with the trafficking upon removal from the United States. It also permits the Attorney General to adjust the status of the victim's spouse, parents, and married and unmarried sons and daughters, if admitted with a ``T'' visa, to that of an alien lawfully admitted for permanent residence. An annual cap of 5,000 is placed on adjustments of status for victims. The provision also permits the Attorney General to waive grounds of inadmissibility, including health-related grounds, public charge, and, with the exception of security, international child abduction, and former citizens who renounced citizenship to avoid taxation, any other provision of section 212(a) of the INA if the activities rendering the alien inadmissible caused by the trafficking.

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