STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.

SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS. (a) Title 18 Amendments.—Chapter 77 of title 18, United States Code, is amended— (1) in each of sections 1581(a), 1583, and 1584— (A) by striking “10 years” and inserting “20 years”; and (B) by adding at the end the following: “If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.”; (2) by inserting at the end the following: “§ 1589. Forced labor “Whoever knowingly provides or obtains the labor or services of a person— “(1) by threats of serious harm to, or physical restraint against, that person or another person; 114 STAT. 1487 “(2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or “(3) by means of the abuse or threatened abuse of law or the legal process, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both. “§ 1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor “Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in violation of this chapter shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse, or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both. “§ 1591. Sex trafficking of children or by force, fraud or coercion “(a) Whoever knowingly— “(1) in or affecting interstate commerce, 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 described in subsection (c)(2) will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and 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 subsection (a) is— “(1) if the offense was effected by force, fraud, or coercion or if the person transported had not attained the age of 14 years at the time of such offense, by a fine under thus title or imprisonment for any term of years or for life, or both; or “(2) if the offense was not so effected, 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) In this section: “(1) The term ‘commercial sex act’ means any sex act, on account of which anything of value is given to or received by any person. “(2) The term ‘coercion’ means— 114 STAT. 1488 “(A) threats of serious harm to or physical restraint against any person; “(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or “(C) the abuse or threatened abuse of law or the legal process. “(3) The term ‘venture’ means any group of two or more individuals associated in fact, whether or not a legal entity. “§ 1592. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor “(a) Whoever knowingly 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— “(1) in the course of a violation of section 1581, 1583, 1584, 1589, 1590, 1591, or 1594(a); “(2) with intent to violate section 1581, 1583, 1584, 1589, 1590, or 1591; or “(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the persons liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, shall be fined under this title or imprisoned for not more than 5 years, or both. “(b) Subsection (a) does not apply to the conduct of a person who is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, if that conduct is caused by, or incident to, that trafficking. “§ 1593. Mandatory restitution “(a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense 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 victim’s 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. “(3) As used in this subsection, the term ‘full amount of the victim’s losses’ has the same meaning as provided 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 overtime 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, 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. 114 STAT. 1490 (2) In carrying out this subsection, the Sentencing Commission shall— (A) take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses described in paragraph (1) of this subsection are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses; (B) consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the guidelines applicable to peonage, involuntary servitude, and slave trade offenses; and (C) consider providing sentencing enhancements for those convicted of the offenses described in paragraph (1) of this subsection that— (i) involve a large number of victims; (ii) involve a pattern of continued and flagrant violations; (iii) involve the use or threatened use of a dangerous weapon; or (iv) result in the death or bodily injury of any person. (3) The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.