HR 3244 IH
‘‘(2) if the offense was not effected by fraud,
force, or coercion, 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) DEFINITION OF COMMERCIAL SEXUAL ACT.—
In this section, the term ‘commercial sexual act’ means
any sexual act, on account of which anything of value is
given to or received by any person, and—
‘‘(1) which takes place in the United States;
‘‘(2) which affects United States foreign com-
merce; or
‘‘(3) in which either the person caused or ex-
pected to participate in the act or the person com-
mitting the violation is a United States citizen or an
alien admitted for permanent residence in the
United States.’’
§ 1590. Unlawful possession of documents in further-
ance of trafficking, involuntary servitude,
or peonage
‘‘(a) Whoever destroys, conceals, removes, con-
fiscates, or possesses any identification, passport, or other
immigration documents, or any other documentation of
another person—
HR 3244 IH
‘‘(1) in the course of, or under circumstances
which facilitate a violation of section 1581, 1583,
1584, 1589, or 1589A or a conspiracy or attempt to
commit such a violation; or
‘‘(2) to conceal or impair the investigation or
prosecution of a violation of any section described in
paragraph (1); or
‘‘(3) to prevent or restrict, without lawful au-
thority, the person’s liberty to move or travel in
interstate or foreign commerce,
shall be fined under this title or imprisoned for not
more than 5 years, or both.
‘‘§ 1591. Mandatory restitution
‘‘(a) Notwithstanding sections 3663 or 3663A, and
in addition to any other civil or criminal penalties author-
ized by law, the court shall order restitution for any of-
fense 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 vic-
tims 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.
HR 3244 IH
‘‘(3) As used in this subsection, the term ‘full amount
of the victim’s losses’ has the same meaning as provide
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 over-
time 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.
‘‘§ 1592. General provisions
‘‘(a) In a prosecution under sections 1581, 1583,
1584, or 1589, a condition of involuntary servitude or pe-
onage may be established by proof that the defendant ob-
tained or maintained the labor or service of any person—
‘‘(1) by the use, or threatened use, of force, vio-
lence, physical restraint, or physical injury, or by ex-
HR 3244 IH
tortion or the abuse of threatened abuse of law or
the legal process;
‘‘(2) through representations made to any per-
son 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 misrepresen-
tation toward any person in an effort to wrongfully
obtain or maintain the labor or services of that per-
son, where the person is a minor, one who is men-
tally disabled, or one who is otherwise particularly
susceptible to coercion.
‘‘(b) An attempt or conspiracy to violate sections
1581, 1583, 1584, 1589, or 1589A shall be punishable
in the same manner as a completed violation of each of
these sections, respectively.
‘‘(c)(1) The court, in imposing sentence on any per-
son 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—
‘‘(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
HR 3244 IH
‘‘(B) any property, real or personal, consti-
tuting or derived from, any proceeds that such per-
son 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.
‘‘(d)(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 in-
tended to be used to commit or to facilitate the com-
mission of any violation of this chapter; and
‘‘(B) any property, real or personal, which con-
stitutes 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 for-
feiture under this subsection.
‘‘(f) WITNESS PROTECTION.—Any violation of this
chapter shall be considered an organized criminal activity
HR 3244 IH
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 be-
ginning of chapter 77 by adding at the end the fol-
lowing new items:
‘‘1589. Trafficking into involuntary servitude, peonage, or slavery-like condi-
tions.
‘‘1589A. Sex trafficking of children or by force, fraud, or coercion.
‘‘1590. Unlawful possession of documents in furtherance of trafficking involun-
tary servitude, or peonage.
‘‘1591. Mandatory restitution.
‘‘1592. General provisions.’’.
(b) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.—
(1) Pursuant to its authority under section 994
of title 28, United States Code, and in accordance
with this section, the United States Sentencing Com-
mission shall review and, if appropriate, amend the
sentencing guidelines and policy statements applica-
ble 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 im-
migration 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 Sen-
tencing Commission shall—
HR 3244 IH
(d) AUTHORIZATION OF APPROPRIATIONS TO ATTOR-
NEY GENERAL.—To carry out the purposes of section 7(b)
there are authorized to be appropriated to the Attorney
General $5,000,000 for fiscal year 2000 and $10,000,000
for fiscal year 2001.
(e) AUTHORIZATION OF APPROPRIATIONS TO PRESI-
DENT.—
(1) FOREIGN
VICTIM
ASSISTANCE.—To carry
out the purposes of section 6 there are authorized to
be appropriated to the President $5,000,000 for fis-
cal year 2000 and $10,000,000 for fiscal year 2001.
(2) ASSISTANCE
TO
FOREIGN
COUNTRIES
TO
MEET MINIMUM STANDARDS.—To carry out the pur-
poses of section 9 there are authorized to be appro-
priated to the President $5,000,000 for fiscal year
2000 and $10,000,000 for fiscal year 2001.
(f) AUTHORIZATION OF APPROPRIATIONS TO THE
SECRETARY OF LABOR.—To carry out the purposes of
section 7(b) there are authorized to be appropriated to the
Secretary of Labor $5,000,000 for fiscal year 2000 and
$10,000,000 for fiscal year 2001.
Æ