Summary: S.1842 — 106th Congress (1999-2000)All Information (Except Text)

There is one summary for S.1842. Bill summaries are authored by CRS.

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Introduced in Senate (11/02/1999)

Comprehensive Antitrafficking in Persons Act of 1999 - Directs the President to establish an Interagency Task Force to Monitor and Combat Trafficking, chaired by the Secretary of State (the Secretary). Authorizes the Secretary to establish within the Department of State an Office to Monitor and Combat Trafficking, which shall provide assistance to the Task Force and be administered by a Director.

Directs the Task Force to carry out the following activities: (1) coordinate implementation of this Act; (2) measure and evaluate the progress of the United States and countries around the world in the areas of trafficking prevention, protection and assistance to trafficking victims, and prosecution and enforcement against traffickers; (3) expand interagency procedures to collect and organize data; and (4) engage in efforts to facilitate cooperation among countries of origin, transit, and destination.

(Sec. 5) Requires the President, acting through: (1) the United States Agency for International Development (AID) and the heads of other appropriate agencies, to establish and carry out initiatives to enhance economic opportunity for potential victims of trafficking as a method to deter trafficking; and (2) the Attorney General and the Secretaries of State, Labor, and Health and Human Services (HHS), to establish and carry out programs to increase public awareness, particularly among potential victims, of the dangers of trafficking and the protections that are available for its victims.

(Sec. 6) Directs the Secretary and the Administrator of AID to: (1) establish and carry out programs and initiatives in foreign countries to assist in the safe reintegration of victims of trafficking and their children; and (2) take all appropriate steps to enhance cooperative efforts among foreign countries to assist in the appropriate reintegration of stateless victims of trafficking with respect to the establishment and conduct of programs and initiatives.

Requires the Attorney General, the Secretaries of HHS and Labor, and the Board of Directors of the Legal Services Corporation to expand existing services to provide assistance to victims of trafficking within the United States, without regard to their immigration status.

Makes victims of trafficking in the United States eligible, without regard to their immigration status, for any benefits that are otherwise available under the Crime Victims Fund.

Authorizes the Attorney General to make grants to States, U.S. territories and possessions, Indian tribes, local governments, and nonprofit, nongovernmental victims' service organizations to develop, expand, or strengthen victim service programs for trafficking victims. Requires an eligible governmental unit or organization, to receive a grant, to certify that its laws, policies, and practices do not punish or deny services to trafficking victims on account of the nature of their employment or services performed in connection with such trafficking. Sets forth provisions regarding fund allocation and the Federal share.

Authorizes individuals who are victims of Federal criminal code (the code) violations regarding trafficking and criminal exploitation of workers to bring a civil action in U.S. district court.

Directs the Attorney General and the Secretary to promulgate regulations for law enforcement personnel, immigration officials, and Department of State officials to implement the following: (1) trafficking victims, while in Federal custody, shall be housed in appropriate shelter as quickly as possible; receive prompt medical care, food, and other assistance; and 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; (2) Federal law enforcement officials should act, to ensure an alien individual's continued presence in the United States, if after an assessment it is determined that such individual is a trafficking victim or a material witness, in order to effectuate prosecution of those responsible and to further U.S. humanitarian interests; and (3) appropriate Department of State and Department of Justice personnel shall be trained in identifying victims of trafficking and in providing for their protection. Makes funding available.

(Sec. 7) Amends the Immigration and Nationality Act (INA) to establish a new non-immigrant classification for an alien (and the alien's spouse, children, and parents if accompanying or following to join the alien) who the Attorney General determines: (1) possesses material information concerning criminal or other unlawful activity; (2) is willing to supply or has supplied such information to Federal or State law enforcement officials; (3) 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 (4) has suffered significant physical or mental abuse as a result of the criminal or other unlawful activity.

Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to provide that: (1) the number of aliens admitted in a fiscal year under such classification may not exceed 1,000; (2) no alien may be admitted into the United States as such a non-immigrant more than five years after the date of the enactment of such provision; (3) the period of authorized admission of an alien as such a non-immigrant may not exceed three years (which can not be extended by the Attorney General); and (4) as a condition for admission and continued stay in lawful status the non-immigrant may not be convicted of a criminal offense punishable by a term of imprisonment of one year or more after the date of admission, the non-immigrant must have executed a form that waives the right to contest (other than on the basis of an application for withholding removal) any action for removal of the alien instituted before the alien obtains lawful permanent resident status, and the non-immigrant shall abide by any other condition or restriction imposed by the Attorney General.

Prohibits a change of non-immigrant classification for such aliens.

Amends the INA to authorize the Attorney General to adjust the status of such an alien to one lawfully admitted for permanent residence if, in the Attorney General's opinion, the alien's continued presence in the United States is justified on humanitarian grounds or is otherwise in the national interest, and the alien meets other specified conditions.

(Sec. 8) Allows the President to impose specified measures against any foreign country that has made little or no progress on reducing trafficking, implementing any necessary anti-trafficking laws, enforcing anti-trafficking laws, or protecting and assisting trafficking victims.

Authorizes the President to: (1) deny U.S. Government assistance, with exceptions; (2) instruct the U.S. Executive Director to specified international financial institutions to use the voice and vote of the United States to oppose any loan or financial or technical assistance to the country by such institution; (3) prohibit the transfer of defense articles, services, or design and construction services under the Arms Export Control Act to the country or any national; (4) prohibit or substantially restrict exports to the country of goods, technology and services, and suspend existing licenses for the transfer to that person of items the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations; and (5) exercise certain authorities under the International Emergency Economic Powers Act.

Authorizes the Secretary to make a determination of those persons who are trafficking in the United States or its territories and possessions and, if such a determination is made, publish the list in the Federal Register.

Directs the President to report to Congress on measures applied under this section and the reasons for their application.

(Sec. 9) Amends the code to double the term of imprisonment for specified slavery-related offenses. Provides for enhanced penalties where death results if the violation includes kidnaping (or an attempt to kidnap), aggravated sexual abuse (or an attempt to commit such abuse), or an attempt to kill.

Prohibits, and sets penalties for: (1) specified actions with respect to the trafficking and criminal exploitation of workers, including knowingly benefitting from the labor or services of a person held to a condition of involuntary servitude or peonage; and (2) destruction, concealment, and unlawful possession of documents in furtherance of trafficking, criminal worker exploitation, involuntary servitude, or peonage.

Directs the court to order restitution for offenses under this section.

Sets forth provisions regarding proof of a condition of involuntary servitude or peonage, punishment of attempts to violate specified provisions of this Act, and forfeiture to the United States.

Directs the United States Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons.

(Sec. 10) Directs the Secretary, as part of the annual Country Reports on Human Rights Practices, to include specified information to address the status of international trafficking in persons.

(Sec. 11) Authorizes appropriations for the Interagency Task Force, and to the Secretary of HHS, the Secretary, the Attorney General, the President, and the Secretary of Labor, for FY 2001-2002 to carry out this Act.