William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008/Title II/Subtitle C

by United States Congress

==Subtitle C—Penalties Against Traffickers and Other Crimes==

SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCEMENT OF CIVIL ACTION.

Chapter 77 of title 18, United States Code, is amended—

(1) in section 1593(b), by adding at the end the following:

`(4) The forfeiture of property under this subsection shall be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act (21 U.S.C. 853).'; and

(2) in section 1595—

(A) in subsection (a)—

(i) by striking `of section 1589, 1590, or 1591'; and

(ii) by inserting `(or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter)' after `perpetrator'; and

(B) by adding at the end the following:

`(c) No action may be maintained under this section unless it is commenced not later than 10 years after the cause of action arose.'.

SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OFFENSES.

(a) Detention- Section 3142(e) of title 18, United States Code, is amended—

(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

(2) by inserting `(1)' before `If, after a hearing';

(3) by inserting `(2)' before `In a case';

(4) by inserting `(3)' before `Subject to rebuttal';

(5) by striking `paragraph (1) of this subsection' each place it appears and inserting `subparagraph (A)';

(6) in paragraph (3), as redesignated—

(A) by striking `committed an offense' and inserting the following: `committed—

`(A) an offense';

(B) by striking `46, an offense' and inserting the following: `46;

`(B) an offense';

(C) by striking `title, or an offense' and inserting the following: `title;

`(C) an offense'; and

(D) by striking `prescribed or an offense' and inserting the following: `prescribed;

`(D) an offense under chapter 77 of this title for which a maximum term of imprisonment of 20 years or more is prescribed; or

`(E) an offense'.

(b) Preventing Obstruction-

(1) ENTICEMENT INTO SLAVERY- Section 1583 of title 18, United States Code, is amended to read as follows:

`Sec. 1583. Enticement into slavery

`(a) Whoever—

`(1) kidnaps or carries away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave;

`(2) entices, persuades, or induces any other person to go on board any vessel or to any other place with the intent that he or she may be made or held as a slave, or sent out of the country to be so made or held; or

`(3) obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be fined under this title, imprisoned not more than 20 years, or both.

`(b) Whoever violates this section shall be fined under this title, imprisoned for any term of years or for life, or both if—

`(1) the violation results in the death of the victim; or

`(2) the violation includes kidnaping, an attempt to kidnap, aggravated sexual abuse, an attempt to commit aggravated sexual abuse, or an attempt to kill.'.

(2) SALE INTO INVOLUNTARY SERVITUDE- Section 1584 of such title is amended—

(A) by striking `Whoever' and inserting the following:

`(a) Whoever'; and

(B) by adding at the end the following:

`(b) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties described in subsection (a).'.

(3) PUNISHING FINANCIAL GAIN FROM TRAFFICKED LABOR- Section 1589 of such title is amended to read as follows:

`SEC. 1589. FORCED LABOR.

`(a) Whoever knowingly provides or obtains the labor or services of a person by any one of, or by any combination of, the following means—

`(1) by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person;

`(2) by means of serious harm or threats of serious harm to that person or another person;

`(3) by means of the abuse or threatened abuse of law or legal process; or

`(4) by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint, shall be punished as provided under subsection (d).

`(b) Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in the providing or obtaining of labor or services by any of the means described in subsection (a), knowing or in reckless disregard of the fact that the venture has engaged in the providing or obtaining of labor or services by any of such means, shall be punished as provided in subsection (d).

`(c) In this section:

`(1) The term `abuse or threatened abuse of law or legal process' means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.

`(2) The term `serious harm' means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.

`(d) Whoever violates this section shall be fined under this title, imprisoned not more than 20 years, or both. If death results from a violation of this section, or if the violation includes kidnaping, an attempt to kidnap, aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title, imprisoned for any term of years or life, or both.'.

(4) TRAFFICKING- Section 1590 of such title is amended—

(A) by striking `Whoever' and inserting the following:

`(a) Whoever'; and

(B) by adding at the end the following:

`(b) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties under subsection (a).'.

(5) SEX TRAFFICKING OF CHILDREN- Section 1591 of such title is amended—

(A) in subsection (a)—

(i) in paragraph (1), by striking `or obtains' and inserting `obtains, or maintains'; and

(ii) in the matter following paragraph (2), by striking `that force, fraud, or coercion described in subsection (c)(2)' and inserting `, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means';

(B) by redesignating subsection (c) as subsection (e);

(C) in subsection (b)(1), by striking `force, fraud, or coercion' and inserting `means of force, threats of force, fraud, or coercion described in subsection (e)(2), or by any combination of such means,';

(D) by inserting after subsection (b) the following:

`(c) In a prosecution under subsection (a)(1) in which the defendant had a reasonable opportunity to observe the person so recruited, enticed, harbored, transported, provided, obtained or maintained, the Government need not prove that the defendant knew that the person had not attained the age of 18 years.

`(d) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be fined under this title, imprisoned for a term not to exceed 20 years, or both.';

(E) in subsection (e), as redesignated—

(i) by redesignating paragraph (3) as paragraph (5);

(ii) by redesignating paragraph (1) as paragraph (3);

(iii) by inserting before paragraph (2) the following:

`(1) The term `abuse or threatened abuse of law or legal process' means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.'; and

(iv) by inserting after paragraph (3), as redesignated, the following:

`(4) The term `serious harm' means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm.'.

(6) UNLAWFUL CONDUCT- Section 1592 of such title is amended by adding at the end the following:

`(c) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties described in subsection (a).'.

(c) Holding Conspirators Accountable- Section 1594 of title 18, United States Code, is amended—

(1) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (f), respectively; and

(2) by inserting after subsection (a) the following:

`(b) Whoever conspires with another to violate section 1581, 1583, 1589, 1590, or 1592 shall be punished in the same manner as a completed violation of such section.

`(c) Whoever conspires with another to violate section 1591 shall be fined under this title, imprisoned for any term of years or for life, or both.'.

(d) Benefitting Financially From Peonage, Slavery, and Trafficking in Persons-

(1) IN GENERAL- Chapter 77 of title 18, United States Code, is amended by inserting after section 1593 the following:

`Sec. 1593A. Benefitting financially from peonage, slavery, and trafficking in persons

`Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in any act in violation of section 1581(a), 1592, or 1595(a), knowing or in reckless disregard of the fact that the venture has engaged in such violation, shall be fined under this title or imprisoned in the same manner as a completed violation of such section.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1593 the following:

`Sec. 1593A. Benefitting financially from peonage, slavery, and trafficking in persons.'.

(e) Retaliation in Foreign Labor Contracting- Chapter 63 of title 18, United States Code, is amended—

(1) in the chapter heading, by adding at the end the following: `AND OTHER FRAUD OFFENSES';

(2) by adding at the end the following:

`Sec. 1351. Fraud in foreign labor contracting

`Whoever knowingly and with intent to defraud recruits, solicits or hires a person outside the United States for purposes of employment in the United States by means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both.'; and

(3) in the table of sections, by inserting after the item relating to section 1350 the following:

`1351. Fraud in foreign labor contracting.'.

(f) Tightening Immigration Prohibitions-

(1) GROUND OF INADMISSIBILITY FOR TRAFFICKING- Section 212(a)(2)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(H)(i)) is amended by striking `who is listed in a report submitted pursuant to section 111(b) of the Trafficking Victims Protection Act of 2000' and inserting `who commits or conspires to commit human trafficking offenses in the United States or outside the United States'.

(2) GROUND OF REMOVABILITY- Section 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

`(F) TRAFFICKING- Any alien described in section 212(a)(2)(H) is deportable.'.

(g) Amendment to Sentencing Guidelines- Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien harboring to ensure conformity with the sentencing guidelines applicable to persons convicted of promoting a commercial sex act if—

(1) the harboring was committed in furtherance of prostitution; and

(2) the defendant to be sentenced is an organizer, leader, manager, or supervisor of the criminal activity.

SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.

(a) In General- Chapter 77 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1596. Additional jurisdiction in certain trafficking offenses

`(a) In General- In addition to any domestic or extra-territorial jurisdiction otherwise provided by law, the courts of the United States have extra-territorial jurisdiction over any offense (or any attempt or conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 1590, or 1591 if—

`(1) an alleged offender is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); or

`(2) an alleged offender is present in the United States, irrespective of the nationality of the alleged offender.

`(b) Limitation on Prosecutions of Offenses Prosecuted in Other Countries- No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 77 of title 18, United States Code, is amended by adding at the end the following:

`1596. Additional jurisdiction in certain trafficking offenses.'.

SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OFFENDER PENALTIES FOR SEX TRAFFICKING.

(a) Release and Detention- Subsections (f)(1)(A) and (g)(1) of section 3142 of title 18, United States Code, are amended by striking `violence,' each place such term appears and inserting `violence, a violation of section 1591,'.

(b) Subpoenas- Section 3486(a)(1)(D) of title 18, United States Code, is amended by inserting `1591,' after `1201,'.

(c) Repeat Offenders- Section 2426(b)(1)(A) of title 18, United States Code, is amended, by striking `or chapter 110' and inserting `chapter 110, or section 1591'.

SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT.

(a) Relationship Among Federal and State Law- Nothing in this Act, the Trafficking Victims Protection Act of 2000, the Trafficking Victims Protection Reauthorization Act of 2003, the Trafficking Victims Protection Reauthorization Act of 2005, chapters 77 and 117 of title 18, United States Code, or any model law issued by the Department of Justice to carry out the purposes of any of the aforementioned statutes—

(1) may be construed to treat prostitution as a valid form of employment under Federal law; or

(2) shall preempt, supplant, or limit the effect of any State or Federal criminal law.

(b) Model State Criminal Provisions- In addition to any model State antitrafficking statutes in effect on the date of the enactment of this Act, the Attorney General shall facilitate the promulgation of a model State statute that—

(1) furthers a comprehensive approach to investigation and prosecution through modernization of State and local prostitution and pandering statutes; and

(2) is based in part on the provisions of the Act of August 15, 1935 (49 Stat. 651; D.C. Code 22-2701 et seq.) (relating to prostitution and pandering).

(c) Distribution- The model statute described in subsection (b) and the text of chapter 27 of the Criminal Code of the District of Columbia (D.C. Code 22-2701 et seq.) shall be—

(1) posted on the website of the Department of Justice; and

(2) distributed to the Attorney General of each State.