Page:United States Statutes at Large Volume 114 Part 2.djvu/753

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PUBLIC LAW 106-386—OCT. 28, 2000 114 STAT. 1489 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.