TRAFFICKING VICTIMS PROTECTION ACT OF 2000
United States Department of Justice - Jan. 1, 2000
DIVISION A
SEC. 101. SHORT TITLE.
This division may be cited as the ''Trafficking Victims Protection Act of 2000''.
SEC. 102. PURPOSES AND FINDINGS.
(a) PURPOSES.--The purposes of this division are to combat trafficking in persons, a
contemporary manifestation of slavery whose victims are predominantly women and
children, to ensure just and effective punishment of traffickers, and to protect their
victims.
(b) FINDINGS.--Congress finds that:
(1) As the 21st century begins, the degrading institution of slavery continues
throughout the world. Trafficking in persons is a modern form of slavery, and it is the
largest manifestation of slavery today. At least 700,000 persons annually, primarily
women and children, are trafficked within or across international borders. Approximately
50,000 women and children are trafficked into the United States each year.
(2) Many of these persons are trafficked into the international sex trade, often by force,
fraud, or coercion. The sex industry has rapidly expanded over the past several
decades. It involves sexual exploitation of persons, predominantly women and girls,
involving activities related to prostitution, pornography, sex tourism, and other
commercial sexual services. The low status of women in many parts of the world has
contributed to a burgeoning of the trafficking industry.
(3) Trafficking in persons is not limited to the sex industry. This growing transnational
crime also includes forced labor and involves significant violations of labor, public
health, and human rights standards worldwide.
(4) Traffickers primarily target women and girls, who are disproportionately affected by
poverty, the lack of access to education, chronic unemployment, discrimination, and the
lack of economic opportunities in countries of origin. Traffickers lure women and girls
into their networks through false promises of decent working conditions at relatively
good pay as nannies, maids, dancers, factory workers, restaurant workers, sales clerks,
or models. Traffickers also buy children from poor families and sell them into
prostitution or into various types of forced or bonded labor.
(5) Traffickers often transport victims from their home communities to unfamiliar
destinations, including foreign countries away from family and friends, religious
institutions, and other sources of protection and support, leaving the victims
defenseless and vulnerable.
(6) Victims are often forced through physical violence to engage in sex acts or perform
slavery-like labor. Such force includes rape and other forms of sexual abuse, torture,
starvation, imprisonment, threats, psychological abuse, and coercion.
(7) Traffickers often make representations to their victims that physical harm may occur
to them or others should the victim escape or attempt to escape. Such representations
can have the same coercive effects on victims as direct threats to inflict such harm.
(8) Trafficking in persons is increasingly perpetrated by organized, sophisticated
criminal enterprises. Such trafficking is the fastest growing source of profits for
organized criminal enterprises worldwide. Profits from the trafficking industry contribute
to the expansion of organized crime in the United States and worldwide. Trafficking in
persons is often aided by official corruption in countries of origin, transit, and
destination, thereby threatening the rule of law.
(9) Trafficking includes all the elements of the crime of forcible rape when it involves
the involuntary participation of another person in sex acts by means of fraud, force, or
coercion.
(10) Trafficking also involves violations of other laws, including labor and immigration
codes and laws against kidnapping, slavery, false imprisonment, assault, battery,
pandering, fraud, and extortion.
(11) Trafficking exposes victims to serious health risks. Women and children trafficked
in the sex industry are exposed to deadly diseases, including HIV and AIDS. Trafficking
victims are sometimes worked or physically brutalized to death.
(12) Trafficking in persons substantially affects interstate and foreign commerce.
Trafficking for such purposes as involuntary servitude, peonage, and other forms of
forced labor has an impact on the nationwide employment network and labor market.
Within the context of slavery, servitude, and labor or services which are obtained or
maintained through coercive conduct that amounts to a condition of servitude, victims
are subjected to a range of violations.
(13) Involuntary servitude statutes are intended to reach cases in which persons are
held in a condition of servitude through nonviolent coercion. In United States v.
Kozminski, 487 U.S. 931 (1988), the Supreme Court found that section 1584 of title 18,
United States Code, should be narrowly interpreted, absent a definition of involuntary
servitude by Congress. As a result, that section was interpreted to criminalize only
servitude that is brought about through use or threatened use of physical or legal
coercion, and to exclude other conduct that can have the same purpose and effect.
(14) Existing legislation and law enforcement in the United States and other countries
are inadequate to deter trafficking and bring traffickers to justice, failing to reflect the
gravity of the offenses involved. No comprehensive law exists in the United States that
penalizes the range of offenses involved in the trafficking scheme. Instead, even the
most brutal instances of trafficking in the sex industry are often punished under laws
that also apply to lesser offenses, so that traffickers typically escape deserved
punishment.
(15) In the United States, the seriousness of this crime and its components is not
reflected in current sentencing guidelines, resulting in weak penalties for convicted
traffickers.
(16) In some countries, enforcement against traffickers is also hindered by official
indifference, by corruption, and sometimes even by official participation in trafficking.
(17) Existing laws often fail to protect victims of trafficking, and because victims are
often illegal immigrants in the destination country, they are repeatedly punished more
harshly than the traffickers themselves.
(18) Additionally, adequate services and facilities do not exist to meet victims' needs
regarding health care, housing, education, and legal assistance, which safely
reintegrate trafficking victims into their home countries.
(19) Victims of severe forms of trafficking should not be inappropriately incarcerated,
fined, or otherwise penalized solely for unlawful acts committed as a direct result of
being trafficked, such as using false documents, entering the country without
documentation, or working without documentation.
(20) Because victims of trafficking are frequently unfamiliar with the laws, cultures, and
languages of the countries into which they have been trafficked, because they are often
subjected to coercion and intimidation including physical detention and debt bondage,
and because they often fear retribution and forcible removal to countries in which they
will face retribution or other hardship, these victims often find it difficult or impossible to
report the crimes committed against them or to assist in the investigation and
prosecution of such crimes.
(21) Trafficking of persons is an evil requiring concerted and vigorous action by
countries of origin, transit or destination, and by international organizations.
(22) One of the founding documents of the United States, the Declaration of
Independence, recognizes the inherent dignity and worth of all people. It states that all
men are created equal and that they are endowed by their Creator with certain
unalienable rights. The right to be free from slavery and involuntary servitude is among
those unalienable rights. Acknowledging this fact, the United States outlawed slavery
and involuntary servitude in 1865, recognizing them as evil institutions that must be
abolished. Current practices of sexual slavery and trafficking of women and children are
similarly abhorrent to the principles upon which the United States was founded.
(23) The United States and the international community agree that trafficking in
persons involves grave violations of human rights and is a matter of pressing
international concern. The international community has repeatedly condemned slavery
and involuntary servitude, violence against women, and other elements of trafficking,
through declarations, treaties, and United Nations resolutions and reports, including the
Universal Declaration of Human Rights; the 1956 Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery;
the 1948 American Declaration on the Rights and Duties of Man; the 1957 Abolition of
Forced Labor Convention; the International Covenant on Civil and Political Rights; the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; United Nations General Assembly Resolutions 50/167, 51/66, and 52/98;
the Final Report of the World Congress against Sexual Exploitation of Children
(Stockholm, 1996); the Fourth World Conference on Women (Beijing, 1995); and the
1991 Moscow Document of the Organization for Security and Cooperation in Europe.
(24) Trafficking in persons is a transnational crime with national implications. To deter
international trafficking and bring its perpetrators to justice, nations including the United
States must recognize that trafficking is a serious offense. This is done by prescribing
appropriate punishment, giving priority to the prosecution of trafficking offenses, and
protecting rather than punishing the victims of such offenses. The United States must
work bilaterally and multilaterally to abolish the trafficking industry by taking steps to
promote cooperation among countries linked together by international trafficking routes.
The United States must also urge the international community to take strong action in
multilateral fora to engage recalcitrant countries in serious and sustained efforts to
eliminate trafficking and protect trafficking victims.
SEC. 103. DEFINITIONS.
In this division:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.--The term ''appropriate
congressional committees'' means the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate and the Committee on International
Relations and the Committee on the Judiciary of the House of Representatives.
(2) COERCION.--The term ''coercion'' means--
(A) threats of serious harm to or physical restraint against any person;
(B) any scheme, plan, or pattern intended to cause a person to believe that failure to
perform an act would result in serious harm to or physical restraint against any person;
or
(C) the abuse or threatened abuse of the legal process.
(3) COMMERCIAL SEX ACT.--The term ''commercial sex act'' means any sex act on
account of which anything of value is given to or received by any person.
(4) DEBT BONDAGE.--The term ''debt bondage'' means the status or condition of a
debtor arising from a pledge by the debtor of his or her personal services or of those of
a person under his or her control as a security for debt, if the value of those services as
reasonably assessed is not applied toward the liquidation of the debt or the length and
nature of those services are not respectively limited and defined.
(5) INVOLUNTARY SERVITUDE.--The term ''involuntary servitude'' includes a
condition of servitude induced by means of--
(A) any scheme, plan, or pattern intended to cause a person to believe that, if the
person did not enter into or continue in such condition, that person or another person
would suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the legal process.
(6) MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.--
The term ''minimum standards for the elimination of trafficking'' means the standards
set forth in section 108.
(7) NONHUMANITARIAN, NONTRADE-RELATED FOREIGN ASSISTANCE.--The
term ''nonhumanitarian, nontrade-related foreign assistance'' means--
(A) any assistance under the Foreign Assistance Act of 1961, other than--
(i) assistance under chapter 4 of part II of that Act that is made available for any
program, project, or activity eligible for assistance under chapter 1 of part I of that Act;
(ii) assistance under chapter 8 of part I of that Act;
(iii) any other narcotics-related assistance under part I of that Act or under chapter 4 or
5
part II of that Act, but any such assistance provided under this clause shall be subject
to the prior notification procedures applicable to reprogrammings pursuant to section
634A of that Act;
(iv) disaster relief assistance, including any assistance under chapter 9 of part I of that
Act;
(v) antiterrorism assistance under chapter 8 of part II of that Act;
(vi) assistance for refugees;
(vii) humanitarian and other development assistance in support of programs of
nongovernmental organizations under chapters 1 and 10 of that Act;
(viii) programs under title IV of chapter 2 of part I of that Act, relating to the Overseas
Private Investment Corporation; and
(ix) other programs involving trade-related or humanitarian assistance; and
(B) sales, or financing on any terms, under the Arms Export Control Act, other than
sales or financing provided for narcotics-related purposes following notification in
accordance with the prior notification procedures applicable to reprogrammings
pursuant to section 634A of the Foreign Assistance Act of 1961.
(8) SEVERE FORMS OF TRAFFICKING IN PERSONS.--The term ''severe forms of
trafficking in persons'' means--
(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such act has not attained 18 years of age; or
(B) the recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
(9) SEX TRAFFICKING.--The term ''sex trafficking'' means the recruitment, harboring,
transportation, provision, or obtaining of a person for the purpose of a commercial sex
act.
(10) STATE.--The term ''State'' means each of the several States of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands,
and territories and possessions of the United States.
(11) TASK FORCE.--The term ''Task Force'' means the Inter-agency Task Force to
Monitor and Combat Trafficking established under section 105.
(12) UNITED STATES.--The term ''United States'' means the fifty States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the
territories and possessions of the United States.
(13) VICTIM OF A SEVERE FORM OF TRAFFICKING.--The term ''victim of a severe
form of trafficking'' means a person subject to an act or practice described in paragraph
(8).
(14) VICTIM OF TRAFFICKING.--The term ''victim of trafficking'' means a person
subjected to an act or practice described in paragraph (8) or (9).
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(b) APPOINTMENT.--The President shall appoint the members of the Task Force,
which shall include the Secretary of State, the Administrator of the United States
Agency for International Development, the Attorney General, the Secretary of Labor,
the Secretary of Health and Human Services, the Director of Central Intelligence, and
such other officials as may be designated by the President.
(e) SUPPORT FOR THE TASK FORCE.--The Secretary of State is authorized to
establish within the Department of State an Office to Monitor and Combat Trafficking,
which shall provide assistance to the Task Force. Any such Office shall be headed by a
Director. The Director shall have the primary responsibility for assisting the Secretary of
State in carrying out the purposes of this division and may have additional
responsibilities as determined by the Secretary. The Director shall consult with
nongovernmental organizations and
multilateral organizations, and with trafficking
victims or other affected persons. The Director shall have the authority to take evidence
in public hearings or by other means. The agencies represented on the Task Force are
authorized to provide staff to the Office on a non-reimbursable basis.
SEC. 106. PREVENTION OF TRAFFICKING.
(a) ECONOMIC ALTERNATIVES TO PREVENT AND DETER TRAFFICKING.--
The President shall establish and carry out international initiatives to enhance
economic opportunity for potential victims of trafficking as a method to deter trafficking.
Such initiatives may include--
(1) microcredit lending programs, training in business development, skills training, and
job counseling;
(2) programs to promote women's participation in economic decisionmaking;
(3) programs to keep children, especially girls, in elementary and secondary schools,
and to educate persons who have been victims of trafficking;
(4) development of educational curricula regarding the dangers of trafficking; and
(5) grants to nongovernmental organizations to accelerate and advance the political,
economic, social, and educational roles and capacities of women in their countries.
(b) PUBLIC AWARENESS AND INFORMATION.--The President, acting through the
Secretary of Labor, the Secretary of Health and Human Services, the Attorney General,
and the Secretary of State, shall establish and carry out programs to increase public
awareness, particularly among potential victims of trafficking, of the dangers of
trafficking and the protections that are available for victims of trafficking.
(c) CONSULTATION REQUIREMENT.--The President shall consult with appropriate
nongovernmental organizations with respect to the establishment and conduct of
initiatives described in subsections (a) and (b).
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SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.--
(1) IN GENERAL.--The Sf victims of trafficking, including stateless victims.
(b) VICTIMS IN THE UNITED STATES.--
(1) ASSISTANCE.--
(A) ELIGIBILITY FOR BENEFITS AND SERVICES.--Notwithstanding Title IV of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, an alien who
is a victim of a severe form of trafficking in persons shall be eligible for benefits and
services under any Federal or State program or activity funded or administered by any
official or agency described in subparagraph (B) to the same extent as an alien who is
admitted to the United States as a refugee under section 207 of the Immigration and
Nationality Act.
(B) REQUIREMENT TO EXPAND BENEFITS AND SERVICES.--
Subject to subparagraph (C) and, in the case of nonentitlement programs, to the
availability of appropriations, the Secretary of Health and Human Services, the
Secretary of Labor, the Board of Directors of the Legal Services Corporation, and the
heads of other Federal agencies shall expand benefits and services to victims of severe
forms of trafficking in persons in the United States, without regard to the immigration
status of such victims.
(C) DEFINITION OF VICTIM OF A SEVERE FORM OF TRAFFICKING
IN PERSONS.--For the purposes of this paragraph, the term ''victim of a severe form of
trafficking in persons'' means only a person--
(i) who has been subjected to an act or practice described in section 103(8) as in effect
on the date of the enactment of this Act; and
(ii)(I) who has not attained 18 years of age; or
(II) who is the subject of a certification under subparagraph (E).
(D) ANNUAL REPORT.--Not later than December 31 of each year, the Secretary of
Health and Human Services, in consultation with the Secretary of Labor, the Board of
Directors of the Legal Services Corporation, and the heads of other appropriate Federal
agencies shall submit a report, which includes information on the number of persons
who received benefits or other services under this paragraph in connection with
programs or activities funded or administered by such agencies or officials during the
preceding fiscal year, to the Committee on Ways and Means, the Committee on
International Relations, and the Committee on the Judiciary of the House of
Representatives and the Committee on Finance, the Committee on Foreign Relations,
and the Committee on the Judiciary of the Senate.
(E) CERTIFICATION.--
(i) IN GENERAL.--Subject to clause (ii), the certification referred to in subparagraph (C)
is a certification by the Secretary of Health and Human Services, after consultation with
the Attorney General, that the person referred to in subparagraph (C)(ii)(II)--
(I) is willing to assist in every reasonable way in the investigation and prosecution of
severe forms of trafficking in persons; and
(II)(aa) has made a bona fide application for a visa under section 101(a)(15)(T) of the
Immigration and Nationality Act, as added by subsection(e), that has not been denied;
or
(bb) is a person whose continued presence in the United States the Attorney General
is ensuring in order to effectuate prosecution of traffickers in persons.
(ii) PERIOD OF EFFECTIVENESS.--A certification referred to in subparagraph (C),
with respect to a person described in clause (i)(II)(bb), shall be effective only for so long
as the Attorney General determines that the continued presence of such person is
necessary to effectuate prosecution of traffickers in persons.
(iii) INVESTIGATION AND PROSECUTION DEFINED.--
For the purpose of a certification under this subparagraph, the term ''investigation and
prosecution" includes--
(I) identification of a person or persons who have committed severe forms of trafficking
in persons;
(II) location and apprehension of such persons;
and
(III) testimony at proceedings against such persons.
(2) GRANTS.--
(A) IN GENERAL.--Subject to the availability of appropriations, the Attorney General
may make grants to States, Indian tribes, units of local government, and nonprofit,
nongovernmental victims' service organizations to develop, expand, or strengthen
victim service programs for victims of trafficking.
(B) ALLOCATION OF GRANT FUNDS.--Of amounts made available for grants under
this paragraph, there shall be set aside--
(i) three percent for research, evaluation, and statistics;
(ii) two percent for training and technical assistance; and
(iii) one percent for management and administration.
(C) LIMITATION ON FEDERAL SHARE.--The Federal share of a grant made under
this paragraph may not exceed 75 percent of the total costs of the projects described in
the application submitted.
(c) TRAFFICKING VICTIM REGULATIONS.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General and the Secretary of State shall
promulgate regulations for law enforcement personnel, immigration officials, and
Department of State officials to implement the following:
(1) PROTECTIONS WHILE IN CUSTODY.--Victims of severe forms of trafficking, while
in the custody of the Federal Government and to the extent practicable, shall--
(A) not be detained in facilities inappropriate to their status as crime victims;
(B) receive necessary medical care and other assistance;
and
(C) be provided protection if a victim's safety is at risk or if there is danger of additional
harm by recapture of the victim by a trafficker, including--
(i) taking measures to protect trafficked persons and their family members from
intimidation and threats of reprisals and reprisals from traffickers and their associates;
and
(ii) ensuring that the names and identifying information of trafficked persons and their
family members are not disclosed to the public.
(2) ACCESS TO INFORMATION.--Victims of severe forms of trafficking shall have
access to information about their rights and translation services.
(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE UNITED
STATES.--Federal law enforcement officials may permit an alien individual's continued
presence in the United States, if after an assessment, it is determined that such
individual is a victim of a severe form of trafficking and a potential witness to such
trafficking, in order to effectuate prosecution of those responsible, and such officials in
investigating and prosecuting traffickers shall protect the safety of trafficking victims,
including taking measures to protect trafficked persons and their family members from
intimidation, threats of reprisals, and reprisals from traffickers and their associates.
(4) TRAINING OF GOVERNMENT PERSONNEL.--Appropriate personnel of the
Department of State and the Department of Justice shall be trained in identifying victims
of severe forms of trafficking and providing for the protection of such victims.
(d) CONSTRUCTION.--Nothing in subsection (c) shall be construed as creating any
private cause of action against the United States or its officers or employees.
(e) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS.--
(1) IN GENERAL.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(A) by striking ''or'' at the end of subparagraph (R);
(B) by striking the period at the end of subparagraph (S) and inserting ''; or''; and
(C) by adding at the end the following new subparagraph:
''(T)(i) subject to section 214(n), an alien who the Attorney General determines--
''(I) is or has been a victim of a severe form of trafficking in persons, as defined in
section 103 of the Trafficking Victims Protection Act of 2000,
''(II) is physically present in the United States, American Samoa, or the Commonwealth
of the Northern Mariana Islands, or at a port of entry thereto, on account of such
trafficking,
''(III)(aa) has complied with any reasonable request for assistance in the investigation
or prosecution of acts of trafficking, or
''(bb) has not attained 15 years of age, and
''(IV) the alien would suffer extreme hardship involving unusual and severe harm upon
removal; and
''(ii) if the Attorney General considers it necessary to avoid extreme hardship--
''(I) in the case of an alien described in clause (i) who is under 21 years of age, the
spouse, children, and parents of such alien; and
''(II) in the case of an alien described in clause (i) who is 21 years of age or older, the
spouse and children of such alien, if accompanying, or following to join, the alien
described in clause (i).''.
(2) CONDITIONS OF NONIMMIGRANT STATUS.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended--
(A) by redesignating the subsection (l) added by section 625(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110
Stat. 3009-1820) as subsection (m); and
(B) by adding at the end the following:
''(n)(1) No alien shall be eligible for admission to the United States under section
101(a)(15)(T) if there is substantial reason to believe that the alien has committed an
act of a severe form of trafficking in persons (as defined in section 103 of the Trafficking
Victims Protection Act of 2000).
''(2) The total number of aliens who may be issued visas or otherwise provided
nonimmigrant status during any fiscal year under section 101(a)(15)(T) may not exceed
5,000.
''(3) The numerical limitation of paragraph (2) shall only apply to principal aliens and
not to the spouses, sons, daughters, or parents of such aliens.''.
(3) WAIVER OF GROUNDS FOR INELIGIBILITY FOR ADMISSION.--
Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended
by adding at the end the following:
''(13)(A) The Attorney General shall determine whether a ground for inadmissibility
exists with respect to a nonimmigrant described in section 101(a)(15)(T).
''(B) In addition to any other waiver that may be available under this section, in the
case of a nonimmigrant described in section 101(a)(15)(T), if the Attorney General
considers it to be in the national interest to do so, the Attorney General, in the Attorney
General's discretion, may waive the application of--
''(i) paragraphs (1) and (4) of subsection (a); and
''(ii) any other provision of such subsection (excluding para-graphs (3), (10)(C), and
(10(E)) if the activities rendering the alien inadmissible under the provision were caused
by, or were incident to, the victimization described in section 101(a)(15)(T)(i)(I).''.
(4) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO ''T'' VISA
NONIMMIGRANTS.--Section 101 of the Immigration and Nationality Act (8 U.S.C.
1101) is amended by adding at the end the following new subsection:
''(i) With respect to each nonimmigrant alien described in sub-section (a)(15)(T)(i)--
''(1) the Attorney General and other Government officials, where appropriate, shall
provide the alien with a referral to a nongovernmental organization that would advise
the alien regarding the alien's options while in the United States and the resources
available to the alien; and
''(2) the Attorney General shall, during the period the alien is in lawful temporary
resident status under that subsection, grant the alien authorization to engage in
employment in the United States and provide the alien with an 'employment authorized'
endorsement or other appropriate work permit.''.
(5) STATUTORY CONSTRUCTION.--Nothing in this section, or in the amendments
made by this section, shall be construed as prohibiting the Attorney General from
instituting removal proceedings under section 240 of the Immigration and Nationality
Act (8 U.S.C. 1229a) against an alien admitted as a nonimmigrant under section
101(a)(15)(T)(i) of that Act, as added by subsection (e), 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 as a nonimmigrant
under such section 101(a)(15)(T)(i).
(f ) ADJUSTMENT TO PERMANENT RESIDENT STATUS.--Section 245 of such Act (8
U.S.C 1255) is amended by adding at the end the following new subsection:
''(l)(1) If, in the opinion of the Attorney General, a non-immigrant admitted into the
United States under section 101(a)(15)(T)(i)--
''(A) has been physically present in the United States for a continuous period of at least
3 years since the date of admission as a nonimmigrant under section 101(a)(15)(T)(i),
''(B) has, throughout such period, been a person of good moral character, and
''(C)(i) has, during such period, complied with any reasonable request for assistance in
the investigation or prosecution of acts of trafficking, or
''(ii) the alien would suffer extreme hardship involving unusual and severe harm upon
removal from the United States, the Attorney General may adjust the status of the alien
(and any person admitted under that section as the spouse, parent, or child of the alien)
to that of an alien lawfully admitted for permanent residence.
''(2) Paragraph (1) shall not apply to an alien admitted under section 101(a)(15)(T) who
is inadmissible to the United States by reason of a ground that has not been waived
under section 212, except that, if the Attorney General considers it to be in the national
interest to do so, the Attorney General, in the Attorney General's discretion, may waive
the application of--
''(A) paragraphs (1) and (4) of section 212(a); and
''(B) any other provision of such section (excluding para-graphs (3), (10)(C), and
(10(E)), if the activities rendering the alien inadmissible under the provision were
caused by, or were incident to, the victimization described in section 101(a)(15)(T)(i)(I).
''(2) An alien shall be considered to have failed to maintain continuous physical
presence in the United States under paragraph (1)(A) if the alien has departed from the
United States for any period in excess of 90 days or for any periods in the aggregate
exceeding 180 days.
''(3)(A) The total number of aliens whose status may be adjusted under paragraph (1)
during any fiscal year may not exceed 5,000.
''(B) The numerical limitation of subparagraph (A) shall only apply to principal aliens
and not to the spouses, sons, daughters, or parents of such aliens.
''(4) Upon the approval of adjustment of status under paragraph (1), the Attorney
General shall record the alien's lawful admission for permanent residence as of the date
of such approval.''.
(g) ANNUAL REPORTS.--On or before October 31 of each year, the Attorney General
shall submit a report to the appropriate congressional committees setting forth, with
respect to the preceding fiscal year, the number, if any, of otherwise eligible applicants
who did not receive visas under section 101(a)(15)(T) of the Immigration and Nationality
Act, as added by subsection (e), or who were unable to adjust their status under section
245(l) of such Act, solely on account of the unavailability of visas due to a limitation
imposed by section 214(n)(1) or 245(l)(4)(A) of such Act.
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SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) MINIMUM STANDARDS.--For purposes of this division, the minimum standards for
the elimination of trafficking applicable to the government of a country of origin, transit,
or destination for a significant number of victims of severe forms of trafficking are the
following:
(1) The government of the country should prohibit severe forms of trafficking in persons
and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking involving force, fraud,
coercion, or in which the victim of sex trafficking is a child incapable of giving
meaningful consent, or of trafficking which includes rape or kidnapping or which causes
a death, the government of the country should prescribe punishment commensurate
with that for grave crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of trafficking in persons,
the government of the country should prescribe punishment that is sufficiently stringent
to deter and that adequately reflects the heinous nature of the offense.
(4) The government of the country should make serious and sustained efforts to
eliminate severe forms of trafficking in persons.
(b) CRITERIA.--In determinations under subsection (a)(4), the following factors should
be considered as indicia of serious and sustained efforts to eliminate severe forms of
trafficking in persons:
(1) Whether the government of the country vigorously investigates and prosecutes acts
of severe forms of trafficking in persons that take place wholly or partly within the
territory of the country.
(2) Whether the government of the country protects victims of severe forms of
trafficking in persons and encourages their assistance in the investigation and
prosecution of such trafficking, including provisions for legal alternatives to their
removal to countries in which they would face retribution or hardship, and ensures that
victims are not inappropriately incarcerated, fined, or otherwise penalized solely for
unlawful acts as a direct result of being trafficked.
(3) Whether the government of the country has adopted measures to prevent severe
forms of trafficking in persons, such as measures to inform and educate the public,
including potential victims, about the causes and consequences of severe forms of
trafficking in persons.
(4) Whether the government of the country cooperates with other governments in the
investigation and prosecution of severe forms of trafficking in persons.
(5) Whether the government of the country extradites persons charged with acts of
severe forms of trafficking in persons on substantially the same terms and to
substantially the same extent as persons charged with other serious crimes (or, to the
extent such extradition would be inconsistent with the laws of such country or with
international agreements to which the country is a party, whether the government is
taking all appropriate measures to modify or replace such laws and treaties so as to
permit such extradition).
(6) Whether the government of the country monitors immigration and emigration
patterns for evidence of severe forms of trafficking in persons and whether law
enforcement agencies of the country respond to any such evidence in a manner that is
consistent with the vigorous investigation and prosecution of acts of such trafficking, as
well as with the protection of human rights of victims and the internationally recognized
human right to leave any country, including one's own, and to return to one's own
country.
(7) Whether the government of the country vigorously investigates and prosecutes
public officials who participate in or facilitate severe forms of trafficking in persons, and
takes all appropriate measures against officials who condone such trafficking.
***********************************************************************************************************
SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
STANDARDS.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by adding at the end the following new section:
''SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
''(a) AUTHORIZATION.--The President is authorized to provide assistance to foreign
countries directly, or through nongovernmental and multilateral organizations, for
programs, projects, and activities designed to meet the minimum standards for the
elimination of trafficking (as defined in section 103 of the Trafficking Victims Protection
Act of 2000), including--
''(1) the drafting of laws to prohibit and punish acts of trafficking;
''(2) the investigation and prosecution of traffickers;
''(3) the creation and maintenance of facilities, programs, projects, and activities for the
protection of victims; and
''(4) the expansion of exchange programs and international visitor programs for
governmental and nongovernmental personnel to combat trafficking.
''(b) FUNDING.--Amounts made available to carry out the other provisions of this part
(including chapter 4 of part II of this Act) and the Support for East European Democracy
(SEED) Act of 1989 shall be made available to carry out this section.''.
SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) STATEMENT OF POLICY.--It is the policy of the United States not to provide
nonhumanitarian, nontrade-related foreign assistance to any government that--
(1) does not comply with minimum standards for the elimination of trafficking; and
(2) is not making significant efforts to bring itself into compliance with such standards.
(b) REPORTS TO CONGRESS.--
(1) ANNUAL REPORT.--Not later than June 1 of each year, the Secretary of State shall
submit to the appropriate congressional committees a report with respect to the status
of severe forms of trafficking in persons that shall include--
(A) a list of those countries, if any, to which the minimum standards for the elimination
of trafficking are applicable and whose governments fully comply with such standards;
(B) a list of those countries, if any, to which the minimum standards for the elimination
of trafficking are applicable and whose governments do not yet fully comply with such
standards but are making significant efforts to bring themselves into compliance; and
(C) a list of those countries, if any, to which the minimum standards for the elimination
of trafficking are applicable and whose governments do not fully comply with such
standards and are not making significant efforts to bring themselves into compliance.
(2) INTERIM REPORTS.--In addition to the annual report under paragraph (1), the
Secretary of State may submit to the appropriate congressional committees at any time
one or more interim reports with respect to the status of severe forms of trafficking in
persons, including information about countries whose governments--
(A) have come into or out of compliance with the minimum standards for the elimination
of trafficking; or
(B) have begun or ceased to make significant efforts to bring themselves into
compliance, since the transmission of the last annual report.
(3) SIGNIFICANT EFFORTS.--In determinations under paragraph (1) or (2) as to
whether the government of a country is making significant efforts to bring itself into
compliance with the minimum standards for the elimination of trafficking, the Secretary
of State shall consider--
(A) the extent to which the country is a country of origin, transit, or destination for
severe forms of trafficking;
(B) the extent of noncompliance with the minimum standards by the government and,
particularly, the extent to which officials or employees of the government have
participated in, facilitated, condoned, or are otherwise complicit in severe forms of
trafficking; and
(C) what measures are reasonable to bring the government into compliance with the
minimum standards in light of the resources and capabilities of the government.
(c) NOTIFICATION.--Not less than 45 days or more than 90 days after the submission,
on or after January 1, 2003, of an annual report under subsection (b)(1), or an interim
report under subsection (b)(2), the President shall submit to the appropriate
congressional committees a notification of one of the determinations listed in
subsection (d) with respect to each foreign country whose government, according to
such report--
(A) does not comply with the minimum standards for the elimination of trafficking; and
(B) is not making significant efforts to bring itself into compliance, as described in
subsection (b)(1)(C).
(d) PRESIDENTIAL DETERMINATIONS.--The determinations referred to in subsection
(c) are the following:
(1) WITHHOLDING OF NONHUMANITARIAN, NONTRADE-RELATED
ASSISTANCE.--The President has determined that--
(A)(i) the United States will not provide nonhumanitarian, nontrade-related foreign
assistance to the government of the country for the subsequent fiscal year until such
government complies with the minimum standards or makes significant efforts to bring
itself into compliance; or
(ii) in the case of a country whose government received no nonhumanitarian,
nontrade-related foreign assistance from the United States during the previous fiscal
year, the United States will not provide funding for participation by officials or
employees of such governments in educational and cultural exchange programs for the
subsequent fiscal year until such government complies with the minimum standards or
makes significant efforts to bring itself into compliance; and
(B) the President will instruct the United States Executive Director of each multilateral
development bank and of the International Monetary Fund to vote against, and to use
the Executive Director's best efforts to deny, any loan or other utilization of the funds of
the respective institution to that country (other than for humanitarian assistance, for
trade-related assistance, or for development assistance which directly addresses basic
human needs, is not administered by the government of the sanctioned country, and
confers no benefit to that government) for the subsequent fiscal year until such
government complies with the minimum standards or makes significant efforts to bring
itself into compliance.
(2) ONGOING, MULTIPLE, BROAD-BASED RESTRICTIONS ON ASSISTANCE IN
RESPONSE TO HUMAN RIGHTS VIOLATIONS.--The President has determined that
such country is already subject to multiple, broad-based restrictions on assistance
imposed in significant part in response to human rights abuses and such restrictions are
ongoing and are comparable to the restrictions provided in paragraph (1). Such
determination shall be accompanied by a description of the specific restriction or
restrictions that were the basis for making such determination.
(3) SUBSEQUENT COMPLIANCE.--The Secretary of State has determined that the
government of the country has come into compliance with the minimum standards or is
making significant efforts to bring itself into compliance.
(4) CONTINUATION OF ASSISTANCE IN THE NATIONAL
INTEREST.--Notwithstanding the failure of the government of the country to comply
with minimum standards for the elimination of trafficking and to make significant efforts
to bring itself into compliance, the President has determined that the provision to the
country of nonhumanitarian, nontrade-related foreign assistance, or the multilateral
assistance described in paragraph (1)(B), or both, would promote the purposes of this
division or is otherwise in the national interest of the United States.
(5) EXERCISE OF WAIVER AUTHORITY.--
(A) IN GENERAL.--The President may exercise the authority under paragraph (4) with
respect to--
(i) all nonhumanitarian, nontrade-related foreign assistance to a country;
(ii) all multilateral assistance described in paragraph (1)(B) to a country; or
(iii) one or more programs, projects, or activities of such assistance.
(B) AVOIDANCE OF SIGNIFICANT ADVERSE EFFECTS.-- The President shall
exercise the authority under paragraph (4) when necessary to avoid significant adverse
effects on vulnerable populations, including women and children.
(6) DEFINITION OF MULTILATERAL DEVELOPMENT BANK.-- In this subsection, the
term ''multilateral development bank'' refers to any of the following institutions: the
International Bank for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American Development
Bank, the Asian Development Bank, the Inter-American Investment Corporation, the
African Development Bank, the African Development Fund, the European Bank for
Reconstruction and Development, and the Multilateral Investment Guaranty Agency.
(e) CERTIFICATION.--Together with any notification under subsection (c), the
President shall provide a certification by the Secretary of State that, with respect to any
assistance described in clause (ii), (iii), or (v) of section 103(7)(A), or with respect to any
assistance described in section 103(7)(B), no assistance is intended to be received or
used by any agency or official who has participated in, facilitated, or condoned a severe
form of trafficking in persons.
************************************************************************************************************
SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.
(a) AUTHORITY TO SANCTION SIGNIFICANT TRAFFICKERS IN PERSONS.--
(1) IN GENERAL.--The President may exercise the authorities set forth in section 203
of the International Emergency Economic Powers Act (50 U.S.C. 1701) without regard
to section 202 of that Act (50 U.S.C. 1701) in the case of any of the following persons:
(A) Any foreign person that plays a significant role in a severe form of trafficking in
persons, directly or indirectly in the United States.
(B) Foreign persons that materially assist in, or provide financial or technological
support for or to, or provide goods or services in support of, activities of a significant
foreign trafficker in persons identified pursuant to subparagraph (A).
(C) Foreign persons that are owned, controlled, or directed by, or acting for or on behalf
of, a significant foreign trafficker identified pursuant to subparagraph (A).
(2) PENALTIES.--The penalties set forth in section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) apply to violations of any license, order, or
regulation issued under this section.
(b) REPORT TO CONGRESS ON IDENTIFICATION AND SANCTIONING OF
SIGNIFICANT TRAFFICKERS IN PERSONS.--
(1) IN GENERAL.--Upon exercising the authority of sub-section (a), the President shall
report to the appropriate congressional committees--
(A) identifying publicly the foreign persons that the President determines are
appropriate for sanctions pursuant to this section and the basis for such determination;
and
(B) detailing publicly the sanctions imposed pursuant to this section.
(2) REMOVAL OF SANCTIONS.--Upon suspending or terminating any action imposed
under the authority of subsection (a), the President shall report to the committees
described in paragraph (1) on such suspension or termination.
(3) SUBMISSION OF CLASSIFIED INFORMATION.--Reports submitted under this
subsection may include an annex with classified information regarding the basis for the
determination made by the President under paragraph (1)(A).
(c) LAW ENFORCEMENT AND INTELLIGENCE ACTIVITIES NOT
AFFECTED.--Nothing in this section prohibits or otherwise limits the authorized law
enforcement or intelligence activities of the United States, or the law enforcement
activities of any State or subdivision thereof.
(d) EXCLUSION OF PERSONS WHO HAVE BENEFITTED FROM ILLICIT ACTIVITIES
OF TRAFFICKERS IN PERSONS.--Section 212(a)(2) of the Ibelieve is the
spouse, son, or daughter of an alien inadmissible under clause (i), has, within the
previous 5 years, obtained any financial or other benefit from the illicit activity of that
alien, and knew or reasonably should have known that the financial or other benefit was
the product of such illicit activity, is inadmissible.
''(iii) EXCEPTION FOR CERTAIN SONS AND DAUGHTERS.-- Clause (ii) shall not
apply to a son or daughter who was a child at the time he or she received the benefit
described in such clause.''.
(e) IMPLEMENTATION.--
(1) DELEGATION OF AUTHORITY.--The President may delegate any authority granted
by this section, including the authority to designate foreign persons under paragraphs
(1)(B) and (1)(C) of subsection (a).
(2) PROMULGATION OF RULES AND REGULATIONS.--The head of any agency,
including the Secretary of Treasury, is authorized to take such actions as may be
necessary to carry out any authority delegated by the President pursuant to paragraph
(1), including promulgating rules and regulations.
(3) OPPORTUNITY FOR REVIEW.--Such rules and regulations shall include
procedures affording an opportunity for a person to be heard in an expeditious manner,
either in person or through a representative, for the purpose of seeking changes to or
termination of any determination, order, designation or other action associated with the
exercise of the authority in subsection (a).
(f ) DEFINITION OF FOREIGN PERSONS.--In this section, the term ''foreign person''
means any citizen or national of a foreign state or any entity not organized under the
laws of the United States, including a foreign government official, but does not include a
foreign state.
(g) CONSTRUCTION.--Nothing in this section shall be construed as precluding judicial
review of the exercise of the authority described in subsection (a).
SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF
TRAFFICKERS.
(a) TITLE 18 AMENDMENTS.--Chapter 77 of title 18, United States Code, is amended--
(1) in each of sections 1581(a), 1583, and 1584--
(A) by striking ''10 years'' and inserting ''20 years''; and
(B) by adding at the end the following: ''If death results from the violation of this section,
or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse
or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant
shall be fined under this title or imprisoned for any term of years or life, or both.'';
(2) by inserting at the end the following:
'' 1589. Forced labor
''Whoever knowingly provides or obtains the labor or services of a person--
''(1) by threats of serious harm to, or physical restraint against, that person or another
person;
''(2) by means of any scheme, plan, or pattern intended to cause the person to believe
that, if the person did not perform such labor or services, that person or another person
would suffer serious harm or physical restraint; or
''(3) by means of the abuse or threatened abuse of law or the legal process, shall be
fined under this title or imprisoned not more than 20 years, or both. If death results from
the violation of this section, or if the violation includes kidnapping or an attempt to
kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or
an attempt to kill, the defendant shall be fined under this title or imprisoned for any term
of years or life, or both.
''1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced
labor
''Whoever knowingly recruits, harbors, transports, provides, or obtains by any means,
any person for labor or services in violation of this chapter shall be fined under this title
or imprisoned not more than 20 years, or both. If death results from the violation of this
section, or if the violation includes kidnapping or an attempt to kidnap, aggravated
sexual abuse, or the attempt to commit aggravated sexual abuse, or an attempt to kill,
the defendant shall be fined under this title or imprisoned for any term of years or life, or
both.
''1591. Sex trafficking of children or by force, fraud or coercion
''(a) Whoever knowingly--
''(1) in or affecting interstate commerce, recruits, entices, harbors, transports, provides,
or obtains by any means a person; or
''(2) benefits, financially or by receiving anything of value, from participation in a venture
which has engaged in an act described in violation of paragraph (1), knowing that
force, fraud, or coercion described in subsection (c)(2) will be used to cause the person
to engage in a commercial sex act, or that the person has not attained the age of 18
years and will be caused to engage in a commercial sex act, shall be punished as
provided in subsection (b).
''(b) The punishment for an offense under subsection (a) is--
''(1) if the offense was effected by force, fraud, or coercion or if the person transported
had not attained the age of 14 years at the time of such offense, by a fine under this
title or imprisonment for any term of years or for life, or both; or
''(2) if the offense was not so effected, and the person transported had attained the age
of 14 years but had not attained the age of 18 years at the time of such offense, by a
fine under this title or imprisonment for not more than 20 years, or both.
''(c) In this section:
''(1) The term 'commercial sex act' means any sex act, on account of which anything of
value is given to or received by any person.
''(2) The term 'coercion' means--
''(A) threats of serious harm to or physical restraint against any person;
''(B) any scheme, plan, or pattern intended to cause a person to believe that failure to
perform an act would result in serious harm to or physical restraint against any person;
or
''(C) the abuse or threatened abuse of law or the legal process.
''(3) The term 'venture' means any group of two or more individuals associated in fact,
whether or not a legal entity.
''1592. Unlawful conduct with respect to documents in furtherance of trafficking,
peonage, slavery, involuntary servitude, or forced labor
''(a) Whoever knowingly destroys, conceals, removes, confiscates, or possesses any
actual or purported passport or other immigration document, or any other actual or
purported government identification document, of another person--
''(1) in the course of a violation of section 1581, 1583, 1584, 1589, 1590, 1591, or
1594(a);
''(2) with intent to violate section 1581, 1583, 1584, 1589, 1590, or 1591; or
''(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the
person's liberty to move or travel, in order to maintain the labor or services of that
person, when the person is or has been a victim of a severe form of trafficking in
persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than 5 years, or both.
''(b) Subsection (a) does not apply to the conduct of a person who is or has been a
victim of a severe form of trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000, if that conduct is caused by, or incident to,
that trafficking.
'' 1593. Mandatory restitution
''(a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal
penalties authorized by law, the court shall order restitution for any offense under this
chapter.
''(b)(1) The order of restitution under this section shall direct the defendant to pay the
victim (through the appropriate court mechanism) the full amount of the victim's losses,
as determined by the court under paragraph (3) of this subsection.
''(2) An order of restitution under this section shall be issued and enforced in
accordance with section 3664 in the same manner as an order under section 3663A.
''(3) As used in this subsection, the term 'full amount of the victim's losses' has the
same meaning as provided in section 2259(b)(3) and shall in addition include the
greater of the gross income or value to the defendant of the victim's services or labor or
the value of the victim's labor as guaranteed under the minimum wage and overtime
guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
''(c) As used in this section, the term 'victim' means the individual harmed as a result of
a crime under this chapter, including, in the case of a victim who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a
representative of the victim's estate, or another family member, or any other person
appointed as suitable by the court, but in no event shall the defendant be named such
representative or guardian.
'' 1594. General provisions
''(a) Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or 1591 shall
be punishable in the same manner as a completed violation of that section.
''(b) The court, in imposing sentence on any person convicted of a violation of this
chapter, shall order, in addition to any other sentence imposed and irrespective of any
provision of State law, that such person shall forfeit to the United States--
''(1) such person's interest in any property, real or personal, that was used or intended
to be used to commit or to facilitate the commission of such violation; and
''(2) any property, real or personal, constituting or derived from, any proceeds that such
person obtained, directly or indirectly, as a result of such violation.
''(c)(1) The following shall be subject to forfeiture to the United States and no property
right shall exist in them:
''(A) Any property, real or personal, used or intended to be used to commit or to
facilitate the commission of any violation of this chapter.
''(B) Any property, real or personal, which constitutes or is derived from proceeds
traceable to any violation of this chapter.
''(2) The provisions of chapter 46 of this title relating to civil forfeitures shall extend to
any seizure or civil forfeiture under this subsection.
''(d) WITNESS PROTECTION.--Any violation of this chapter shall be considered an
organized criminal activity or other serious offense for the purposes of application of
chapter 224 (relating to witness protection).''; and
(3) by amending the table of sections at the beginning of chapter 77 by adding at the
end the following new items:
''1589. Forced labor.
''1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced
labor.
''1591. Sex trafficking of children or by force, fraud, or coercion.
''1592. Unlawful conduct with respect to documents in furtherance of trafficking,
peonage, slavery, involuntary servitude, or forced labor.
''1593. Mandatory restitution.
''1594. General provisions.''.
(b) AMENDMENT TO THE SENTENCING GUIDELINES.--
(1) Pursuant to its authority under section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission shall review
and, if appropriate, amend the sentencing guidelines and policy statements applicable
to persons convicted of offenses involving the trafficking of persons including
component or related crimes of peonage, involuntary servitude, slave trade offenses,
and possession, transfer or sale of false immigration documents in furtherance of
trafficking, and the Fair Labor Standards Act and the Migrant and Seasonal Agricultural
Worker Protection Act.
(2) In carrying out this subsection, the Sentencing Commission shall--
(A) take all appropriate measures to ensure that these sentencing guidelines and policy
statements applicable to the offenses described in paragraph (1) of this subsection are
sufficiently stringent to deter and adequately reflect the heinous nature of such
offenses;
(B) consider conforming the sentencing guidelines applicable to offenses involving
trafficking in persons to the guidelines applicable to peonage, involuntary servitude, and
slave trade offenses; and
(C) consider providing sentencing enhancements for those convicted of the offenses
described in paragraph (1) of this subsection that--
(i) involve a large number of victims;
(ii) involve a pattern of continued and flagrant violations;
(iii) involve the use or threatened use of a dangerous weapon; or
(iv) result in the death or bodily injury of any person.
(3) The Commission may promulgate the guidelines or amendments under this
subsection in accordance with the procedures set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that Act had not expired.
************************************************************************************************************
SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS IN SUPPORT OF THE TASK
FORCE.--To carry out the purposes of sections 104, 105, and 110, there are authorized
to be appropriated to the Secretary of State $1,500,000 for fiscal year 2001 and
$3,000,000 for fiscal year 2002.
(b) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF HEALTH
AND HUMAN SERVICES.--To carry out the purposes of section 107(b), there are
authorized to be appropriated to the Secretary of Health and Human Services
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002.
(c) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF STATE.--
(1) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.--To carry out the purposes
of section 107(a), there are authorized to be appropriated to the Secretary of State
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002.
(2) VOLUNTARY CONTRIBUTIONS TO OSCE.--To carry out the purposes of section
109, there are authorized to be appropriated to the Secretary of State $300,000 for
voluntary contributions to advance projects aimed at preventing trafficking, promoting
respect for human rights of trafficking victims, and assisting the Organization for
Security and Cooperation in Europe participating states in related legal reform for fiscal
year 2001.
(3) PREPARATION OF ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS.--To
carry out the purposes of section 104, there are authorized to be appropriated to the
Secretary of State such sums as may be necessary to include the additional information
required by that section in the annual Country Reports on Human Rights Practices,
including the preparation and publication of the list described in subsection (a)(1) of that
section.
(d) AUTHORIZATION OF APPROPRIATIONS TO ATTORNEY GENERAL.-- To carry
out the purposes of section 107(b), there are authorized to be appropriated to the
Attorney General $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002.
(e) AUTHORIZATION OF APPROPRIATIONS TO PRESIDENT.--
(1) FOREIGN VICTIM ASSISTANCE.--To carry out the purposes of section 106, there
are authorized to be appropriated to the President $5,000,000 for fiscal year 2001 and
$10,000,000 for fiscal year 2002.
(2) ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.--To
carry out the purposes of section 109, there are authorized to be appropriated to the
President $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002.
(f ) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF LABOR.--To
carry out the purposes of section 107(b), there are authorized to be appropriated to the
Secretary of Labor $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
2002."
