Clinton Administration's Model Anti-Trafficking Legislation
We have received a number of requests to see a copy of the legislative proposal that the Administration drafted to assist Congress development of meaningful anti-trafficking legislation this year that will strengthen penalties against traffickers and provide unprecedented protection and assistance for trafficking victims. The following has been shared with interested Members of Congress and a number of the provisions and ideas reflected in the Administration's dreft are reflected in legislation introduced in both the Senate and the House.

A BILL

To provide a comprehensive program to combat trafficking in persons (especially women and children) and to protect and assist victims of trafficking.

Be in enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.-- This Act may be cited as the comprehensive Anti-Trafficking in Persons Act of 1999".
(b) TABLE OF CONTENTS.-- The table of contents for this Act is as follows:
Sec. 1. Short Title; Table of Contents.
Sec. 2. Purposes and Findings.
Sec. 3. Definitions.
Sec. 4. Mechanisms to Evaluate Progress in Combating Trafficking.
Sec. 5. Prevention of Trafficking.
Sec. 6. Protection and Assistance for Trafficking Victims.
Sec. 7. Humanitarian/Material Witness Visa.
Sec. 8. Strengthening Prosecution and Punishment of Traffickers.
Sec. 9. Monitoring International Progress to Eradicate Trafficking in Persons.
Sec. 10. Authorization of Appropriations.
Sec. 2. PURPOSES AND FINDINGS.
(a) PURPOSES.-- The purposes of this Act are: to combat the evil of trafficking in persons (especially women and children ) - a contemporary manifestation of slavery - in all of its coercive forms, both domestically and internationally, through prevention, prosecution of and enforcement against traffickers; and to protect and assist victims of this fundamental violation of human rights.
(b) FINDINGS.-- The Congress finds that:
(1) Trafficking of persons, predominantly women and children, is an insidious and growing global translational crime and human rights problem which manifests itself in forms of modern-day slavery.
(2) Trafficking schemes generally involve traffickers facilitating the victims movement from their home communities to an unfamiliar destination, away from family and friends, religious institutions and other sources of protection and support, making the victims more vulnerable.
(3) Trafficking victims may suffer physical abuse and threats, including rape and other forms of sexual abuse, torture, starvation, imprisonment, physical brutality, and death, and they may encounter mental and psychological abuse and coercion.
(4) Women and children trafficked into the sex industry are exposed to deadly diseases, including HIV and AIDS.
(5) Trafficking is perpetrated increasingly by organized and sophisticated criminal enterprises. Worldwide, it is viewed as the fastest growing source of profits for organized criminal enterprises and the third largest overall ( behind only drugs and firearms). Increasingly, profits from trafficking in persons are laundered and underpin the growth and strengthening of organized criminal activity throughout the world, including the United States. Often aided by official corruption, this activity threatens the rule of law.
(6) It is estimated that over one million persons, primarily women and children, are trafficked around the world each year. Approximately 50,000 of these women and children are trafficked into the United States each year. Trafficking also occurs within countries, including the United States.
(7) Trafficking contributes to the further destabilization of economically depressed or impoverished communities. It is in those areas that traffickers regularly purchase and remove young women and girls from their homes, combing villages for children to harvest for the sex industry and slave labor. In some countries trafficking is a major part of the underground economy. These activities add to the instability of already fragile regions.
(8) Trafficking victims are moved, bought, and sold as just another commodity in interstate and foreign commerce. The lifeblood of the traffickers trade is their inventory" of human beings. Trafficking negatively affects interstate and foreign commerce, thwarting the free flow of resources and the liberty and labor of persons in the stream of commerce.
(9) Trafficking networks primarily target women and children who have been marginalized through poverty, poor education or lack of access to education, chronic unemployment, discrimination, and the lack of viable economic opportunities at home. Traffickers exploit these conditions of economic and social deprivation to ensnare their victims. Traffickers lure women and girls into their networks through false promises of good working conditions at relatively high pay as nannies, maids, dancers, factory workers, restaurant workers, sales clerks, or models. Traffickers also exploit the poverty of families by buying daughters and selling them to brothels, into domestic servitude, or into many types of bonded labor.
(10) Victims may be forced to perform labor or services -- including but not limited to prostitution and sexual servitude, domestic servitude, bonded sweatshop labor, or other work or services -- which are obtained or maintained by the existence of force, threats of force, or legal coercion, or through the use of mental or psychological coercion.
(11) It is the intent of Congress that proof of involuntary servitude or peonage, as it is used in prosecutions under 18 United States Code sections 241, 1581, 1583, 1584, and newly-created section 1589, not be limited to labor or services compelled by the use, or threatened use, of force or legal coercion. Rather, violations of these sections may also be established by proof that the labor or service of a person was obtained or maintained through representations to the victim that physical harm may occur to him or her, or to another, which were made in an effort to wrongfully obtain or maintain the labor or services of the victim. In such situations, a victim of trafficking or involuntary servitude may be warned that a dire fate may befall him or her - including violence, rape, starvation, destitution, or another form of physical harm - should he or she attempt to leave the condition of involuntary servitude. While such representations may not constitute specific threats of harm by the defendant or by any specific individual acting at the behest of the defendant, they may nonetheless have an equally coercive effect on the victim: forcing the victim to enter or remain in a condition of peonage or involuntary servitude. Violations of 18 United States Code sections 241, 1581, 1583, 1584, and newly-created section 1589 may also be created by the use of fraud, deceit, or misrepresentation toward any person in an effort to wrongfully obtain or maintain the labor or services of that person, where the person is a minor, an immigrant, one who is mentally disabled, or one who is otherwise particularly susceptible to coercion.
(12) Sentencing guidelines for criminal violations of newly enacted or amended trafficking statutes should reflect the seriousness of the crimes covered by these statutes, such as involuntary servitude, slave trade offenses, peonage, transportation for coerced or illegal sexual activities, and immigration laws.
(13) With regard to the enactment of section 1589 of title 18, United States Code, Congress finds that trafficking in persons substantially affects interstate and foreign commerce. Trafficking for such purposes as involuntary servitude, peonage, or criminally exploitative labor has an impact on the nationwide employment network and labor market. Within the context of slavery, coerced labor or services, trafficking victims may be subjected to a range of violations that include dangerous work and living environments, isolation and restriction of movement, and denial of pay. It is, therefore, an appropriate exercise of the legislative power to eradicate the substantial burdens on commerce that result from these activities and to prevent the channels of commerce from being used for an immoral and injurious purpose. The purpose of this statute is also to prohibit the shipment of goods in interstate and foreign commerce which are produced under conditions of slavery and coercion. Such commerce is detrimental to the free flow of goods and services and to trafficked victims health and safety. This statute attempts to eradicate the evils attendant to criminally coerced labor and services, including compelling persons to work as prostitutes or in other illegal activities, that have a substantial negative effect on the operations of interstate and foreign commerce.
(14) Trafficking is condemned by the United States and the international community and, at its core, represents a violation of fundamental human rights.
Sec. 3. DEFINITIONS. -
(a) For the purposes of this Act (other than section 8) and except as provided in subsection (b) --
(1) The term “trafficking” means recruiting or abducting, facilitating, transferring, harboring or transporting a person, by the threat or use of force, coercion, fraud or deception, or by the purchase, sale, trade, transfer or receipt of a person, for the purpose of subjecting that person to involuntary servitude, peonage, slavery, slavery-like practices, forced or bonded labor or services, or other criminal exploitation of workers.
(2) The term victim of trafficking generally means any person subjected to the actions set forth in paragraph (1).
(b) The definition of “trafficking” set forth in subsection (a) may be modified by the Secretary of State and the Attorney General to make it consistent with the definition of trafficking in persons or any other substantially similar term in any international treaty or convention to which the United States is a party, subsequent to the date of enactment of this Act, provided that any such modifications are consistent with the purposes of this Act.
Sec. 4. MECHANISMS TO EVALUATE PROGRESS IN COMBATING TRAFFICKING.
(a) INTERNATIONAL.-- In order to maximize the effectiveness of the United States’ anti-trafficking programs, the Secretary of State, to the extent that resources permit, should establish mechanisms to measure and evaluate global progress in reducing trafficking. These mechanisms should set goals and permit evaluation of progress on -
(1) Prevention, including economic and public awareness components;
(2) Protection and assistance for victims of trafficking; and
(3) Prosecution of and enforcement against traffickers, including the role of
public corruption in facilitating trafficking.
(b) DOMESTIC. - In order to maximize the effectiveness of United States anti-trafficking programs, the Secretaries of Health and Human Services and Labor and the Attorney General should, to the extent that resources permit, establish mechanisms for their respective Departments that set goals and permit measurement and evaluation of United States progress concerning protection and assistance for trafficking victims.
Sec. 5. PREVENTION OF TRAFFICKING
(a) ECONOMIC ALTERNATIVES TO PREVENT AND DETER TRAFFICKING.--
(1) To assist the United States in advancing its international prevention goals established under section 4, by enhancing economic opportunity and alternatives for potential victims of trafficking, the President should promote -
(A) Economic alternatives and opportunities for women, including micro-credit, training in business development, skills training, and job counseling;
(B) Programs that promote women’s participation in economic decision-making;
(C) Programs to keep children, especially girls, in elementary and secondary schools;
(D) Development of educational curricula about the dangers of trafficking; and
(E) Grants to non-governmental organizations to accelerate the empowerment of women in local and regional, political, economic, social, and educational roles in their countries.
(2) The Administrator of the U.S. Agency for International Development should include in existing reports to Congress information about the Agency’s programs for increasing economic alternatives and education for those at risk of trafficking and the Agency’s efforts to reduce trafficking, consistent with the goals established under subsection (a) of this section.
(3) Non-governmental organizations should be consulted in the development of programs undertaken pursuant to this subsection.
(b) PUBLIC AWARENESS AND INFORMATION.--
(1) The Secretaries of State, Health and Human Services, and Labor, the Attorney General, and other appropriate agencies should, to the extent resources permit and in a manner consistent with authority that is otherwise available, establish or expand initiatives and programs, domestic and international, to increase the public’s understanding -- particularly targeted to potential victims -- of the dangers of trafficking and the protections that are available for victims of trafficking. These initiatives and programs should include projects that address demands that may contribute to growth in trafficking.
(2) Non-governmental Organizations.-- In implementing paragraph (1) of this subsection, the Secretaries of State, Health and Human Services, and Labor and the Attorney General should consult with non-governmental organizations.
(3) To carry out the purposes of this subsection, there are authorized to be appropriated to the Secretaries of State, Health and Human Services, and Labor, and the Attorney General such sums as may be necessary.
(c) IMPROVING UNDERSTANDING OF TRAFFICKING.--
(1) The President should establish or expand interagency procedures to collect and organize data, including significant research and resource information on domestic and international trafficking in persons (especially women and children).
(2) Any data collection procedures established under this subsection shall
respect the confidentiality of victims of trafficking.
Sec. 6. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) VICTIMS IN OTHER COUNTRIES.-- The Secretary of State and the Administrator of the U.S. Agency for International Development, are authorized to establish programs and initiatives abroad to assist victims of trafficking and their children, including mental and physical health services, shelter, legal assistance, and safe reintegration efforts. In carrying out this subsection, the Secretary and the Administrator should consult with the Attorney General, non-governmental organizations, and other experts on trafficking, seek to enhance cooperative efforts with the countries of origin of victims of trafficking to facilitate protections for victims of trafficking who are reintegrated into their countries of origin, and assist in the appropriate reintegration of stateless victims of trafficking.
(b) VICTIMS IN THE UNITED STATES.--
(1) Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Attorney General, the Secretaries of Health and Human Services and Labor, and the Board of Directors of the Legal Services Corporation are authorized to provide assistance to victims of trafficking, without regard to the immigration status of such victims. This assistance may include physical and mental health services, social and legal services, or any other related programs or services.
(2) Notwithstanding any other provision of law, victims of trafficking in the United States are eligible, without regard to their immigration status, for any benefits that are otherwise available under the Crime Victims Fund, established under the Victims of Crime Act of 1984, including victims’ services, compensation, and assistance.
(3) The Attorney General may make grants to States, territories, and possessions of the United States (including the Commonwealths of Puerto Rico and the Northern Mariana Islands), Indian tribes, units of local government, or non-profit, non-governmental victims’ service organizations to develop, expand, or strengthen victim service programs for victims of trafficking.

(A) To receive a grant under paragraph (3) of this subsection, an eligible government or organization shall certify that its laws, policies, and practices, as appropriate, do not punish or deny services to victims of trafficking on account of the nature of their employment or services performed in connection with their having been trafficked, including but not limited to prostitution.
(B) Of amounts made available for grants under paragraph (3) of this subsection, there shall be set aside: three percent for research, evaluation and statistics; two percent for training and technical assistance; and one percent for management and administration.
(C) The Federal share of a grant made under paragraph (3) may not exceed 75 percent of the total costs of the projects described in the application submitted.
(D) For purposes of this paragraph, "victim of trafficking" has the meaning set forth in section 3(a) of this Act.
(4) An individual who is a victim of a violation of section 1589 of title 18, United States Code, regarding trafficking and criminal exploitation of workers may bring a civil action in United States district court. The court may award actual damages, punitive damages, reasonable attorneys’ fees, and other litigation costs reasonably incurred.
(5) While in the custody or control of the Federal government, a victim of trafficking should, to the extent practicable -
(A) be housed in appropriate shelter as quickly as possible;
(B) receive prompt medical care, food, 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.
(6) No claim against the United States is created by paragraph (5) of this subsection.
(7) If Federal law enforcement operations or investigations reveal reasonable indicia of the offenses set out in this Act, in Chapters 77 and 117 of title 18 U.S. Code, or situations of abuse or severe exploitation of a foreign national, a prompt assessment should be made as to whether the individual may be a victim of, or a material witness to, trafficking, peonage, or involuntary servitude, or a criminally exploitative labor condition. When it is concluded that such person is in fact a trafficking victim or witness, law enforcement personnel should act, to the extent permitted and in a manner that is consistent with existing law and the purposes of this Act, to ensure the alien victim’s continued presence in the United States in order to effectuate prosecution of those responsible and to further the humanitarian interests of the United States.
(c) SPECIALIZED TRAFFICKING TRAINING FOR ENFORCEMENT OFFICIALS. - The Secretary of State and the Attorney General may initiate or expand training of appropriate personnel of the Department of State and the Department of Justice, respectively, in identifying victims of trafficking and providing for the protection of such victims. The Secretary and the Attorney General may apply funds to the extent resources permit for the purposes of this subsection. Training under this subsection should include, but not be limited to, methods for achieving anti-trafficking objectives through the nondiscriminatory application of immigration and other related laws.
Sec. 7. HUMANITARIAN/MATERIAL WITNESS NONIMMIGRANT VISA.
(a) PURPOSE.-- The purpose of this section is to create a new nonimmigrant visa classification that will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of trafficking of persons, while offering protection to victims of such offenses in keeping with the humanitarian interests of the United States. Creating a new nonimmigrant visa classification will facilitate the reporting of violations to law enforcement officials by trafficked and exploited persons who are not in a lawful immigration status. It also gives law enforcement officials a means to regularize the status of cooperating individuals during investigations, prosecutions, and civil law enforcement proceedings. By providing temporary legal status to those who have been severely victimized by trafficking or similar egregious offenses, it also reflects the humanitarian interests of the United States. Finally, this section gives the Attorney General discretion to convert nonimmigrants to permanent status when it is justified on humanitarian grounds or is otherwise in the national interest.
(b) ESTABLISHMENT OF A NEW NONIMMIGRANT CLASSIFICATION. - Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. § 1101(a)(15)) is amended-
(1) by striking “or” at the end of subparagraph (R);
(2) by striking the period at the end of subparagraph (S) and inserting “;or”; and
(3) by adding at the end the following new subparagraph:
“(T) subject to 214(m), an alien (and the spouse, children, and parents of the alien if accompanying or following to join the alien) who the Attorney General determines -
“(i) possesses material information concerning criminal or other unlawful activity;
“(ii) is willing to supply or has supplied such information to Federal or State law enforcement officials;
“(iii) would be helpful, were the alien to remain in the United States, to a properly authorized Federal or State investigation or prosecution of the criminal or other unlawful activity; and
“(iv) has suffered significant physical or mental abuse as a result of the criminal or other unlawful activity.”.
(c) NUMERICAL LIMITATIONS; PERIOD OF ADMISSIONS.-- Section 214 of the Immigration and Nationality Act (8 U.S.C. § 1184) is amended by adding at the end the following new subsection:
“(m)(1) The number of aliens who may be provided a visa under section 101(a)(15)(T) in any fiscal year may not exceed 1,000.
“(2) No alien may be admitted into the United States as such a nonimmigrant more than five years after the date of enactment of this section.
“(3) The period of admission of an alien as such a nonimmigrant may not exceed three years. Such period may not be extended by the Attorney General.
“(4) As a condition for admission, and continued stay in lawful status of such a nonimmigrant, the nonimmigrant -
“(A) May not be convicted of any criminal offense punishable by a term of imprisonment of one year or more after the date of such admission;
“(B) Must have executed a form that waives the nonimmigrant’s right to contest, other than on the basis of an application for withholding of deportation or removal, any action for deportation of the alien instituted before the alien obtains lawful permanent resident status; and
“(C) Shall abide by any other condition, limitation, or restriction imposed by the Attorney General.”.
(d) PROHIBITION OF CHANGE OF STATUS. Section 248(l) of the Immigration and Nationality Act (8 U.S.C. § 1258(l)) is amended by striking “or (S)” and inserting “(S) or (T)” in lieu thereof.
(e) ADJUSTMENT TO PERMANENT RESIDENT STATUS. Section 245 of the Immigration and Nationality Act (8 U.S.C. § 1255) is amended by adding at the end thereof the following new subsection:
“(l)(1) The Attorney General may adjust the status of an alien admitted into the United States under section 101(a)(15)(T) (and the spouse, children, and parents of the alien if admitted under that section) to that of an alien admitted for lawful permanent residence if: in the opinion of the Attorney General, the alien’s continued presence in the United States is justified on humanitarian grounds or is otherwise in the national interest; and the alien is not described in section 212(a)(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), or 3(E).
“(2) 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, and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(4) for the fiscal year then current.”.
(f) EXCLUSIVE MEANS OF ADJUSTMENT.-- Section 245(c)(5) of the Immigration and Nationality Act (8 U.S.C. § 1255(c)(5)) is amended by striking “section 105(a)(15)(S);” and inserting “section 105(a)(15)(S) or (T);” in lieu thereof.
SEC. 8. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.
(a) CRIMINAL PROVISIONS.-- Chapter 77 of title 18, United States Code, is amended, as follows:
(1) In section 1581 by deleting at the end of subsection (a) “shall be fined under this title or imprisoned not more than 10 years, or both” and inserting in lieu thereof “shall be fined under this title or imprisoned not more than 20 years, or both; and if, in addition to the foregoing elements, death results from an act committed in violation of this section, or if such act includes kidnaping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or life, or both.";
(2) In section 1583 by deleting “shall be fined under this title or imprisoned not more than ten years, or both” and inserting in lieu thereof “shall be fined under this title or imprisoned not more than 20 years, or both; and if, in addition to the foregoing elements, death results from an act committed in violation of this section, or if such act includes kidnaping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or life, or both.";
(3) In section 1584 by deleting “shall be fined under this title or imprisoned not more than ten years, or both” and inserting in lieu thereof “shall be fined under this title or imprisoned not more than 20 years, or both; and if in addition to the foregoing elements, death results from an act committed in violation of this section, or if such act includes kidnaping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or life, or both.";
(4) By adding at the end thereof the following four new sections:
Ҥ 1589. TRAFFICKING AND CRIMINAL EXPLOITATION OF WORKERS.
“(a) Whoever -
“(1) recruits, harbors, provides, transports, employs, purchases, sells or secures, by any means, any person, knowing or having reason to know that person is or will be subjected to involuntary servitude or peonage or to unlawfully exploitative labor conditions as described in subsection (b) of this section, shall be fined under this title or imprisoned not more than 20 years, or both; and if, in addition to the foregoing elements, death results from an act committed in violation of this section, or if such act includes kidnaping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or life, or both."; or
“(2) in any way, financially or otherwise, knowingly benefits from, or makes use of, the labor or services of a person held to a condition of involuntary servitude or peonage, shall be fined under this title or imprisoned not more than 10 years, or both.
“(b) As used in this section, ‘unlawfully exploitative labor conditions’ means that the labor or services of a person, which are in or affecting interstate commerce or foreign commerce, are obtained or maintained through any scheme or artifice to defraud, or by means of any plan or pattern, including but not limited to false and fraudulent pretenses and misrepresentations, such that the person reasonably believes that he has no viable alternative but to perform the labor or services.
“(c) This section does not apply to labor performed as a punishment for a crime whereof the party shall have been duly convicted.
"(d) Criminal Forfeiture --
"(1) The court, in imposing sentence on any person convicted of a violation of this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States --
"(A) 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
"(B) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation.
"(2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except subsection (d) of that section.
"(e) Civil Forfeiture -- (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 section; and
"(B) any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this section.

 

"(2) The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection.
Ҥ 1590. UNLAWFUL POSSESSION OF DOCUMENTS IN FURTHERANCE
OF TRAFFICKING, CRIMINAL WORKER EXPLOITATION, INVOLUNTARY SERVITUDE, OR PEONAGE.
“(a) Whoever destroys, conceals, removes, confiscates or possesses any identification, passport or other immigration documents, or any other documentation of another person -
“(1) in the course of, or under circumstances which facilitate -
“(A) a violation of section 1581, 1583, 1584, or 1589 or a conspiracy or attempt to commit such a violation;
“(B) the unlawful entry or attempted unlawful entry of the person into the United States;
“(2) to prevent or restrict, without lawful authority, the person’s liberty to move or travel in interstate or foreign commerce; or
“(3) to conceal or impair the investigation or prosecution of a violation of Federal criminal law, shall be fined under this title or imprisoned for not more than five years, or both.
Ҥ 1591. MANDATORY RESTITUTION.
“(a) In general.-- Notwithstanding sections 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) SCOPE AND NATURE OF ORDER.--
“(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) For purposes of 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) For purposes of 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.
"§ 1592. GENERAL PROVISIONS.
“(a) In a prosecution under sections 1581, 1583, 1584, or 1589, a condition of involuntary servitude or peonage may be established by proof that the defendant obtained or maintained the labor or service of any person -
“(1) by the use, or threatened use, of force, violence, physical restraint or physical injury, or by the use or threatened use of coercion through law or the legal process;
“(2) through representations made to any person that physical harm may occur to that person, or to another, in an effort to wrongfully obtain or maintain the labor or services of that person; or
“(3) by the use of fraud, deceit, or misrepresentation toward any person in an effort to wrongfully obtain or maintain the labor or services of that person, where the person is a minor, an immigrant, one who is mentally disabled, or one who is otherwise particularly susceptible to coercion.
“(b) An attempt to violate sections 1581, 1583, 1584, or 1589 shall be punishable in the same manner as a completed violation of each of these sections, respectively."; and
(5) By amending the sectional table for chapter 77 to include the following additional items:
Ҥ 1589. Trafficking and criminal exploitation of workers.
Ҥ 1590. Unlawful possession of documents in furtherance of trafficking, criminal worker exploitation, involuntary servitude, or peonage.
Ҥ 1591. Mandatory restitution.
“§ 1592. 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, coercive worker exploitation, and possession, transfer or sale of false immigration documents to further exploitation of workers, 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) ensure that the sentencing guidelines and policy statements applicable to the offenses described in paragraph (1) of this subsection are sufficiently stringent to deter such offenses and adequately reflect the heinous nature of such offenses;
(B) consider conforming the sentencing guidelines applicable to offenses involving worker exploitation 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. 9. MONITORING INTERNATIONAL PROGRESS TO ERADICATE TRAFFICKING IN PERSONS.
(a) MULTILATERAL EVALUATION AND ACTION TO GAIN INTERNATIONAL COOPERATION. - To ensure action to eradicate trafficking by any recalcitrant country, it is the sense of the Congress that the Secretary of State should undertake the following actions:
(1) expand existing cooperative policies and programs consistent with the purposes of this Act;
(2) gauge progress toward the goal of eliminating trafficking in individual countries and around the globe; and
(3) urge the international community to identify, engage, and take strong multilateral action to gain the cooperation of any country demonstrating resistance to reflecting official condemnation of trafficking in persons through policies and actions, including making serious and sustained efforts to:
(A) vigorously prosecute and punish traffickers at a level commensurate with the severity of the crime;
(B) investigate and prosecute official corruption that contributes to trafficking; and
(C) protect trafficking victims, including working cooperatively with international and non-governmental organizations.
(b) EXPANSION OF TREATMENT IN HUMAN RIGHTS REPORT.-- The Secretary of State, through the Assistant Secretary of Democracy, Human Rights and Labor shall expand reporting to Congress as part of the annual Country Report on Human Rights
Practices to address the status of international trafficking in persons (especially women and children), including -
(1) A description of the nature and extent of trafficking in persons in each country;
(2) A description and assessment of the efforts of countries to combat trafficking through prevention, protection, and assistance for victims and prosecution and enforcement against traffickers; and
(3) The role of official corruption and official cooperation or complicity trafficking.
Trafficking in persons shall receive separate treatment within the reporting on each country.
(c) COOPERATION WITH NON-GOVERNMENTAL ORGANIZATIONS.-- In compiling and providing the information required by subsection (b) of this section, the Secretary shall foster contacts with human rights and other non-governmental organizations, including receiving reports and updates from such organizations.
Sec. 10. AUTHORIZATION OF APPROPRIATIONS.
To carry out the purposes of this Act there are authorized to be appropriated to
the Secretaries of State, Health and Human Services, and Labor, the Attorney
General, and the Administrator of the U.S. Agency for International Development such sums as may be necessary.


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