William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 (H.R. 3887 as Passed by the House): Criminal Law Provisions
Released: 2008-01-14T00:00:00

Summary:
The criminal law proposals found in H.R. 3887 as it passed the House include newly assigned sex trafficking offenses, a sex tourism offense, a coerced services offense, obstruction of justice offenses, an importation of prostitutes offense, a false statement offense, and provisions for civil liability, victim assistance, forfeiture, extraterritorial jurisdiction, Justice Department reorganization, and a model state statute.
H.R. 3887's new sex trafficking offense would expand federal jurisdiction to reach persuasion, inducement, or enticement to engage in unlawful prostitution when it occurs in or affects interstate or foreign commerce, even in the absence of a child victim or of coercion, fraud, or force. Its amended version of 18 U.S.C. 1592 (seizure of documents in aid of trafficking) would outlaw the use of financial coercion to gain control of an individual's labor or sexual services. Its new sex tourism offense would cover arranging or attempt to arrange sex tours even when the underlying travel is not itself a federal crime. The bill also prohibits various obstructions of justice and false statements committed in connection with the employment of foreign workers.
Procedurally, H.R. 3887 would enlarge the civil cause of action available to victims of violations of the involuntary servitude and trafficking provisions under an explicit 10-year statute of limitations. It would expand the availability of Crime Victim Fund programs for the benefit of the victims of sex trafficking. It would rename the Justice Department's Child Exploitation and Obscenity Section and expand the responsibilities of the Innocence Lost Task Forces to include sex trafficking offenses involving sexually exploited adults.
This report is available in an abridged version – stripped of its footnotes, and most of its citations to authority as CRS Report RS22789, William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 (H.R. 3887 as Passed by the House): Criminal Provisions in Short, by [author name scrubbed].

subsections: section_title: Introduction
paragraphs: The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 ( H.R. 3887 ), passed by the House on December 4, 2007, continues and reenforces the anti-trafficking efforts that began with Trafficking Victims Protection Act of 2000. That legislation sought to protect women and children, the most common victims of both international and domestic trafficking, with a series of diplomatic, immigration, and law enforcement initiatives. H.R. 3887 follows in its path. This report is limited to the bill's law enforcement initiatives or more precisely its proposals to amend federal criminal law.
Neither the 2000 legislation nor H.R. 3887 write on a complete blank slate. Federal criminal law has long condemned both involuntary servitude as well as interstate and foreign transportation of individuals for illicit sexual purposes. The involuntary servitude offenses, now found in chapter 77 of Title 18 of the United States Code, date from the nineteenth century. The transportation-for-sexual-purposes offenses, now housed in chapter 117 of that title, originated in the Mann Act in the early twentieth century. As did its predecessors, H.R. 3387 works in the area where the two overlap.
Representative Lantos introduced H.R. 3887 on October 17, 2007, for himself and several other Members. The House Committee on Foreign Affairs reported an amended version of the bill on November 6, 2007. A further revised version passed under suspension of the rules on December 4, 2007.
When the bill reached the Senate its criminal law proposals included newly assigned sex trafficking offenses, a sex tourism offense, a coerced services offense, obstruction of justice offenses, an importation of prostitutes offense, a false statement offense, and provisions for civil liability, victim assistance, forfeiture, extraterritorial jurisdiction, Justice Department reorganization, and a model state statute.
section_title: Section 221 of H.R. 3887
subsections: section_title: Sex Trafficking (Subsections 221(a) and 221(f))
paragraphs: Section 221, among other things, offers two new sex trafficking offenses. One, aggravated sex trafficking (proposed 18 U.S.C. 2429), would replace 18 U.S.C. 1591, but without the requirement that the defendant charged with persuasion, enticement, transportation, etc. of a child must be shown to have known that the child was underage. The other, sex trafficking (proposed 18 U.S.C. 2430), expands federal jurisdiction to reach persuasion, inducement, or enticement to engage in unlawful prostitution when it occurs in or affects interstate or foreign commerce, without regard to the age of the beguiled or the absence of coercion, fraud, or force.
section_title: Aggravated Sex Trafficking
paragraphs: Proposed 18 U.S.C. 2429 would condemn:
(a) Whoever knowingly–
(1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, or obtains by any means a person; or
(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1),
knowing that force, fraud, or coercion will be used to cause the person to engage in a commercial sex act, or, in the case of the person has not attained the age of 18 years, that the person will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b).
(b) The punishment for an offense under this section is–
(1) if the offense was effected by force, fraud, or coercion or if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14 years at the time of such offense, by a fine under this title and imprisonment for any term of years not less than 15 or for life, or both; or
(2) if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, or obtained 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 and imprisonment for not less than 10 years or for life.
The proposal is essentially the same as 18 U.S.C. 1591, but for knowledge of the minority of a juvenile victim upon which Section 1591 insists. The proposal contains the same definitions of "commercial sex act," "coercion," and "venture" as its predecessor. However, it does contain technical amendments relating to a corresponding civil cause of action and mandatory restitution, made necessary by the transfer of the section from the chapter on involuntary servitude 18 U.S.C. ch. 77 to the Mann Act (18 U.S.C. ch. 117).
section_title: Sex Trafficking
paragraphs: Proposed 18 U.S.C. 2430 would represent an expansion of federal authority to punish sex trafficking if the offense occurs in or affected interstate or foreign commerce. It features a more expansive jurisdictional base than 18 U.S.C. 1591, and thus bears some resemblance to 18 U.S.C. 2422.
Today, three federal statutory provisions outlaw inducing another to commit an act of prostitution: 18 U.S.C. 1591, 2422(a), 2422(b). They differ most notably in their jurisdictional elements. Subsection 2422(a) proscribes knowingly persuading, inducing, or enticing another individual of any age to engage in prostitution or other criminal sexual activity – when the persuasion, inducement or the like occurs within any U.S. territory or possession or when the individual is persuaded, induced, etc. to travel in interstate or foreign commerce to so engage.
Subsection 2422(b) proscribes knowingly persuading, inducing, enticing, or coercing a child under 18 years of age to engage in prostitution or some other criminal sexual activity – when the persuasion, inducement or the like occurs within the special maritime or territorial jurisdiction of the U.S. or when the mails or some medium of interstate or foreign commerce are used to persuade, induce, etc.
Section 1591 proscribes knowingly recruiting, enticing, harboring, transporting, providing or obtaining by any means another individual to engage in a commercial sex act with the knowledge that the individual is a child under the age of 18 or that force, fraud or coercion will be used to cause them to engage in the sex act – when the recruitment, enticement, etc. occurs within the special maritime and territorial of the U.S. or when in occurs in or affecting interstate or foreign commerce.
Proposed Section 2430 would provide that:
Whoever, knowingly, in or affecting interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or in any territory or possession of the United States, persuades, induces, or entices any individual to engage in prostitution for which any person can be charged with an offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both.
The proposed section would match the jurisdiction reach of Section 1591 and its proposed replacement Section 2429 (in or affecting interstate or foreign commerce, etc.), but unlike those sections, Section 2430 would cover attempted violations. It would also cover persuasion, inducement or enticement to commit consensual acts of prostitution involving only adults (i.e., unlike Section 1591 and proposed Section 2429, it would not require that the offense involve either a child under the age of 18 or the use of fraud, force, or coercion as a means of persuasion, inducement or enticement).
Some of the apparent expansion, however, would merely duplicate the proscriptions of subsections 2422(a) and (b). Both proposed Section 2430 and subsection 2422(a) would cover persuasion, inducement or enticement of another individual regardless of age to engage in unlawful prostitution or attempts to do so. Subsection 2422(a), however, requires persuasion, inducement, enticement or coercion to travel in interstate or foreign commerce. Proposed Section 2430, on the other hand, does not mention coercion and permits prosecution when the persuasion, inducement or enticement occurs in or affects interstate or foreign commerce. Subsection 2422(b) features a jurisdictional element somewhere between the two (i.e., persuasion, inducement, enticement, or coercion, transmitted using the mail or some facility of interstate or foreign commerce), but it only applies when a child under 18 years of age is so persuaded, induced , enticed, or coerced or when there is an attempt to do so. As a consequence, proposed Section 2430 would prohibit persuasion, inducement or enticement of an adult to engage in a commercial sex act when it would affect interstate commerce. Such conduct is only a federal crime now if actual interstate or foreign travel is involved. The expansion could be significant, since in other contexts the courts have often held that the prosecution need show no more than a de minimis impact on interstate or foreign commerce to satisfy the "affects commerce" standard.
section_title: Unlawful Compelled Service (Subsection 221(b))
paragraphs: Subsection 221(b) proposes amendments to 18 U.S.C. 1592 (seizure of another's passport and immigration documents trafficking purposes) that also would duplicate and enlarge without repeal or amendment the coverage of 18 U.S.C. 1589 (forced labor). In its current form, Section 1592 proscribes the knowing destruction, concealment, or possession of another person's passport or similar documentation, either (1) in the course of a trafficking offense, or (2) with the intent to commit a trafficking offense, or (3) to unlawfully restrict the travel of a trafficking victim. Section 1589 prohibits providing or obtaining labor or services through physical violence, the threat of physical violence, or abuse or threatened abuse of the law.
The proposed amendment to Section 1592 recasts its components in three areas. First, it streamlines the document-seizure prohibition:
Whoever knowingly, with intent to obtain or maintain the labor or services of a person or to obtain or maintain a person for use in a commercial sex act (as defined in section 2429)–
(1) destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person to prevent or restrict or to attempt to prevent or restrict, without authority, the person's ability to move or travel; [or] ...
shall be fined under this title or imprisonment nor more than 5 years, or both.
Second, like Section 1589, it outlaws obtaining labor or services through an abuse of authority or legal process. Unlike Section 1589 which only applies to forced labor, it outlaws such abuse when used to obtain either labor or commercial sex acts:
Whoever knowingly, with intent to obtain or maintain the labor or services of a person or to obtain or maintain a person for use in a commercial sex act (as defined in section 2429) –
* * *
(2) acts or fails to act, or threatens to do so, under color of official right;
(3) blackmails another person; or ...
shall be fined under this title or imprisonment nor more than 5 years, or both.
Third, like Section 1589, it outlaws obtaining labor or services using a threat of harm. Unlike Section 1589, it specifies financial harm rather than physical harm, and it reaches threats to secure either labor or commercial sex acts:
Whoever knowingly, with intent to obtain or maintain the labor or services of a person or to obtain or maintain a person for use in a commercial sex act (as defined in section 2429) –
* * *
(4) causes or exploits financial harm or a fear of financial harm on the part of that person
shall be fined under this title or imprisonment nor more than 5 years, or both.
section_title: Arranging Sex Tourism (Subsection 221(g))
paragraphs: Subsection 221(g) would create a new federal offense, arranging sex tourism, proposed 18 U.S.C. 2431. The new section would outlaw knowingly (and for profit) arranging, inducing, or procuring an individual's travel in foreign commerce in order to permit the individual to engage in a commercial sex act, or attempting to so arrange, induce or procure, proposed 18 U.S.C. 2431(a). Violations would be punishable by imprisonment for not more than 10 years, but not more than 30 years if the commercial sex act involved a child under the age of 18, proposed 18 U.S.C. 2432(a), (b).
Under existing law, it is a federal crime for an American to travel in foreign commerce for the purpose of engaging in a commercial sex act with a child, 18 U.S.C. 2423(b), (f). It is also a federal crime to arrange, induce, procure, or facilitate such travel if done for profit, 18 U.S.C. 2423(d). Both offenses are punishable by imprisonment for not more than 30 years, 18 U.S.C. 2423(b),(d). It is not a federal crime for an American to travel in foreign commerce for the purpose of engaging in a commercial sex act with an adult. And it is not a federal crime for an American to attempt to travel in foreign commerce for the purpose of engaging in a commercial sex act with a child.
Subsection 221(g) would replicate existing law except to the extent that it would prohibit (1) arranging, inducing or procuring – for profit – the foreign travel of an American to engage in a commercial sex act even though the underlying travel for such purpose is not itself a federal crime, (2) attempting to arrange, induce, or procure for profit such travel, or (3) attempting to arrange, induce, or procure – for profit – the foreign travel of an American to engage in a commercial sex act with a child. Criminalizing an attempt to induce others to engage in innocent conduct (e.g., foreign travel for the purpose of engaging in a lawful commercial sex act with an adult) even when done for profit, may raise First Amendment implications.
section_title: Sentencing Guidelines (Subsection 221(h))
paragraphs: Subsection 221(h) would call upon the Sentencing Commission to consider any appropriate adjustments in the Sentencing Guidelines to reflect the creation of the offenses established in subsections 221(f)(sex trafficking) and 221(g)(sex tourism).
section_title: Obstructing Labor Investigations (Subsection 221(e))
paragraphs: Subsection 221(e) would amend the federal witness tampering and retaliation provisions of 18 U.S.C. 1512 and 1513 to prohibit the use of physical force, threats, corrupt persuasion, or deception to prevent another from disclosing information concerning a federal employment-related visa, labor or employment law, relating to aliens, or retaliating against another for his having done so, or attempting to so tamper or retaliate. By operation of the existing penalty restructure in Sections 1512 and 1513, offenders would face imprisonment for not more than 20 years for the use or attempted use of physical force to tamper and not more than 10 years in all other instances, 18 U.S.C. 1512(a)(3)(B), (b), 1513(b).
Under existing law, it is a federal crime punishable by imprisonment for not more than 20 years to obstruct enforcement of the peonage prohibition, 18 U.S.C. 1581. The general federal witness tampering statute, among other things, proscribes the use of physical force, threats, intimidation or corrupt persuasion in order to prevent a witness from informing federal law enforcement officials of information relating to the commission of a federal crime, 18 U.S.C. 1512(a)(2)(C), (b)(3). The witness retaliation statute, among other things, proscribes retaliating against a witness for providing information relating to the commission of a federal crime to federal law enforcement officials, 18 U.S.C. 1513(b)(2). Unlike the proposed amendment, 1512 and 1513 do not outlaw obstruction or retaliation relating to the investigation of noncriminal alien employment violations.
Subparagraph 202(g)(6)(D) of Section 202 would establish a cause of action including reasonable attorneys' fees for the victims of the proposed obstruction of justice offenses to be proscribed in 18 U.S.C. 1512(A)(2)(D), 1512(b)(4), or 1513(B)(3).
section_title: Forfeiture: Return of Property (Subsection 221(c))
paragraphs: Federal law calls for the confiscation of property derived from, or used to facilitate the commission of, a substantial number of federal crimes. Confiscation comes in two forms: criminal forfeiture and civil forfeiture. Both are triggered by the commission of an underlying offense. Civil forfeiture involves a civil procedure in which the property is treated as the offender and under which confiscation is ordered if the government establishes the required statutory nexus between the property and the confiscation-trigger offense. Confiscation does not require the conviction of the property owner or anyone else. Subsection 1594(c) calls for the civil forfeiture of property used to facilitate or derived from a violation of the peonage, trafficking chapter, 18 U.S.C. 1581-1595. Criminal forfeiture occurs as a consequence of the property owner's conviction for the confiscation-trigger offense and results only in his interest in the property. Subsection 1594(b) calls for the criminal forfeiture of the facilitating and derivative property of a defendant convicted of an offense proscribed in the peonage and trafficking chapter, 18 U.S.C. 1581-1595.
As a general rule, the proceeds from confiscated property are deposited in the Department of Justice Asset Forfeiture Fund or the Treasury Department Forfeiture Fund and set aside for law enforcement purposes. Some statutes permit the Attorney General or the Secretary of the Treasury to grant petitions for remission or restoration of confiscated property or the proceeds from the sale of confiscated property. Relief in civil forfeiture cases is ordinarily confined to property owners innocent of any involvement in the confiscation-trigger offense, although Justice Department regulations authorize petitions by innocent victims with no present ownership interest in the forfeited property. Relief in criminal forfeiture cases is also available where the claimant has an innocent property interest independent of, and superior to, that of the convicted defendant.
Subsection 221(c) would amend 1594 to require the Attorney General to return to victims property seized or confiscated under the involuntary servitude and trafficking chapter, 18 U.S.C. 1581-1595. It would amend 18 U.S.C. 1594 further to permit the Attorney General to return property confiscated under other laws to trafficking victims. The proposal would further amend 18 U.S.C. 1593 in a manner that may contemplate a sort of share-in-the enterprise concept. It seems to envision not the return of the proceeds from commercial sex acts to the specific exploited victims who earned them, but a sharing among the exploited sex workers of the confiscated proceeds of the enterprise.
As a general rule, restoration or remission is only possible where the claimant has or had a legally recognized interest in the confiscated property and where the claimant played no part in the offense which gave rise to the forfeiture. The proposed amendments appear designed to overcome the second limitation; they permit victims to recover notwithstanding their participation in the confiscation-triggering offense. The courts, however, may find in the use of the terms "restoration and remission" an intent to continue in place the ownership requirement. Under the proposals, exploited victims might be thought entitled to no more than the return of property that can be shown to once have been theirs.
It seems possible that rather than permitting victims to recover property confiscated from them because of violations of the peonage and trafficking laws, drafters intended to require or permit victim restitution to be paid out of forfeited assets of their oppressors. The proposed amendments might prove inadequate for that purpose.
section_title: Civil Cause of Action (Subsection 221(d))
paragraphs: Subsection 221(d) would enlarge the civil cause of action available to victims of violations of the involuntary servitude and trafficking provisions, 18 U.S.C. 1581-1595. It would also provide an explicit 10-year statute of limitations within which such suits would have to be filed, proposed 18 U.S.C. 1595(c).
Under existing law, victims have a cause of action for violations of 18 U.S.C. 1589 (forced labor), 1590 (peonage-related trafficking), 1591(sex trafficking of children or by force, fraud or coercion), 18 U.S.C. 1595. Subsection 221(d) would amend Section 1595 to include other offenses in chapter 77, i.e.,
peonage (18 U.S.C. 1581) enticement into slavery (18 U.S.C. 1583) sale into involuntary servitude (18 U.S.C. 1584) unlawful compelled service (proposed 18 U.S.C. 1592)
Existing law supplies no explicit statute of limitations for a cause of action under Section 1595. The statute of limitations for the criminal prosecution of most of the offenses under chapter 77 is 10 years, 18 U.S.C. 3298. The statute of limitations of the civil cause of action established for various federal sex offenses under 18 U.S.C. 2255 is six years, 18 U.S.C. 2255(b). Where Congress has failed to provide a statute of limitations for a federal cause of action, the courts will resort to the most analogous state or federal civil statute of limitations.
section_title: Crime Victims Fund (Subsection 214(b))
paragraphs: Paragraph 214(b)(1) of Section 214 would amend the Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) by adding a new Section 1404F (42 U.S.C. 10603f). The Crime Victims Fund finances victim compensation and assistance grants using the fines imposed for violation of federal criminal law, 18 U.S.C. 10601(b), although Congress has capped the amount annually available from the fund. The new section would trump any coverage limitations based on the characteristics of the victim of the crime to be compensated or assisted. It would define "victim," "crime victim" and "victim of crime" for purposes of the federal crime victims compensation and assistance grants and related activities to include individuals "exploited or otherwise victimized" by a violation of 8 U.S.C. 1328 (importation of an alien for prostitution or other immoral purposes) or of any of the prohibitions in 18 U.S.C. ch. 117 (transportation of illegal sexual purposes including proposed and enlarged 18 U.S.C. 2430) or comparable offenses under state law – without any expressed regard for the victim's age, gender, consent, culpability, or participation in commercial sexual activity.
section_title: Extraterritorial Jurisdiction for Certain Trafficking Offenses (Section 222)
paragraphs: Section 222 would establish extraterritorial jurisdiction over various peonage and trafficking offenses when the offender or the victim is an American or when the offender is in the United States, proposed 18 U.S.C. 1596. The offenses involved are:
18 U.S.C. 1581 (peonage) 18 U.S.C. 1583 (enticement into slavery) 18 U.S.C. 1584 (sale into involuntary servitude) 18 U.S.C. 1589 (force labor) 18 U.S.C. 1590 (human trafficking) 18 U.S.C. 2429 (aggravated sex trafficking)
Criminal jurisdiction is usually territorial. The law of the place determines what is criminal and how crimes may be punished. There are some circumstances, however, under which extraterritorial jurisdiction exists. In the case of federal law, there are some circumstances under which federal crimes committed overseas may be prosecuted in federal court. In large measure, those circumstances are either found in statute or presumed from the context of the statute, if consistent with related principles of international law.
For example, when a statute proscribes the theft of federal property, it is presumed that Congress intends the prohibition to apply regardless of where the property may be stolen. The courts have generally considered overseas application of federal criminal law consistent with international law when either the offender or the victim is American. Extraterritorial jurisdiction may also be considered consistent with international law when the overseas conduct has an impact within the United States, or when the criminal prohibition is enacted to implement a treaty or similar international obligation or with respect to a crime that is contrary to the law of nations, i.e., that is abhorrent under the laws of all countries.
Section 222 provides a statement of extraterritorial jurisdiction in some instances when it seems likely that federal courts would assume it even in the absence of such an explicit provision. For instance, Section 222 (proposed 18 U.S.C. 1596) would permit prosecution of an overseas violation of proposed 18 U.S.C. 2429 (aggravated sex trafficking) when the victim is an American or when the offender is an American or when the offender is later found or brought to the United States. However, the elements of proposed Section 2429 limit the circumstances under which the offense can be committed overseas, because it outlaws misconduct only when committed within the special maritime or territorial jurisdiction of the United States or in or affecting the interstate or foreign commerce of the United States. Offenses committed in or affecting interstate commerce or within the special maritime and territorial jurisdiction of the United States are by definition not committed overseas. Offenses committed in or affect the foreign commerce of the United States may occur overseas, but international law principles have been said to recognize extraterritorial application when a crime has an impact in this country.
On the other hand, the application of proposed Section 1596 might prove more problematic when the only contact with the United States or its nationals or interests is the fact the offender is found or has been brought to the United States. Federal prosecution under 18 U.S.C. 1589 (forced labor) might be problematic, for example, when the misconduct occurs entirely within another country and neither the offender nor any of the victims of the offense are Americans.
section_title: Importing Aliens for Prostitution (Subsection 223(a))
paragraphs: Subsection 223(a) would streamline Section 278 of the Immigration and Nationality Act (8 U.S.C. 1328) with little change in substance. Under the proposed amendment, Section 278 would provide:
(a) Generally – Whoever, for the purpose of prostitution or for any other sexual activity for which any person can be changed with a criminal offense –
(1) knowingly imports or attempts to import any alien; or
(2) knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly holds, keeps, maintains, supports, employs, or harbors the individual in any place in the United States, including any building or any means or transportation, attempts to do so,
shall be fined under title 18, United States Code, or imprisoned not more than 10 years, or both.
(b) Special Evidentiary Rule – In all prosecutions under this section, the testimony of a husband or wife shall be admissible and competent evidence against each other.
The proposal would omit the venue language now found in the section that permits prosecution in any district into which the alien is imported. The existing provision duplicates the otherwise available venue options under which prosecution is possible in any district through or into which an imported person moves.
section_title: Justice Department Enforcement (Subsection 234(a))
paragraphs: Subsection 234(a) renames the Justice Department's Child Exploitation and Obscenity Section and expands the responsibilities of the Innocence Lost Task Forces to include sex trafficking (proposed 18 U.S.C. 2430) offenses involving sexually exploited adults. The Section would become known as the Sexual Exploitation and Obscenity Section.
The Child Exploitation and Obscenity Section now prosecutes offenses involving federal obscenity, child pornography, interstate trafficking for sexual purposes, international sexual child abuse, and international parental kidnapping. In 2003, the Section together with the Federal Bureau of Investigation (FBI) and the National Center for Missing & Exploited Children started an Innocence Lost Initiative in 2003.
The proposed amendment would greatly expand the Section's jurisdiction, given the accompanying expansion of federal jurisdiction occasioned by proposed Section 2430 which would outlaw trafficking in commercial sexual activity occurring in or affecting interstate or foreign commerce regardless of age or willingness of the individual trafficked.
The creation of divisions and sections within the Department of Justice, their jurisdictional assignments, and other matters of internal organization within the Department are ordinarily matters internal to the Department. However, Congress may address, and in the past has addressed, such matters in statute.
section_title: False Statements by Foreign Recruiters (Subsection 202(g))
paragraphs: Subsection 202(g) would require those who recruit foreign workers to disclose various specifics regarding the circumstances and conditions of employment to recruits. Paragraph 202(g)(3) would proscribe knowingly making a material false or misleading statement in such disclosures and would declare that, "The disclosure required by this section is a document concerning the proper administration of a matter within the jurisdiction of a department or agency of the United States for the purposes of Section 1519 of title 18, United States Code."
Section 1519 of Title 18, United States Code, proscribes the knowing falsification of records with the intent to impede, obstruct, or influence the proper administration of any matter within the jurisdiction of any department or agency of the United States. Violations are punishable by imprisonment for not more than 20 years. In the absence of a reference to Section 1519, the proposed offense would instead be subject to the general false statement statute, 18 U.S.C. 1001, which makes violations punishable by imprisonment by not more than 8 years if the offense relates to an offense under 18 U.S.C. 1591 (sex trafficking of children or by force, fraud or coercion); or 18 U.S.C. ch. 109A (sexual abuse), ch. 110 (sexual exploitation of children), or ch. 117 (transportation for illegal sexual activities).
section_title: Model State Legislation (Section 224)
paragraphs: The Justice Department drafted a Model State Anti-Trafficking Criminal Statute in 2004. The Model includes suggested language of state criminal laws relating to trafficking in persons, involuntary servitude, sexual servitude of a minor and trafficking in persons for forced labor or services. A number of states have adopted comparable statutes.
Section 224 would direct the Attorney General to provide a similar model reflecting the misconduct proscribed in 18 U.S.C. chs. 77 (involuntary servitude) and 117 (Mann Act) as those chapters would be amended by H.R. 3887 . It would also instruct the Attorney General to post the model on the Department's website, distribute it to the states, assist the states in its implementation, and report annually to House and Senate Judiciary Committees and the House Foreign Affairs Committee as well as the Senate Foreign Relations Committee on the results of such efforts.