William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 (H.R. 3887 as Passed by the House: Criminal Provisions in Short
Prepared for Members and Committees of Congress
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 the women and children most often the 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.
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.
This is an abridged version of CRS Report RL34323, William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2007 (H.R. 3887 as Passed by the House): Criminal Law
Provisions, by Charles Doyle without the footnotes, quotations, or citations to authority found in
the longer report.
Sex Trafficking (Subsections 221(a) and 221(f))............................................................................1
Aggravated Sex Trafficking............................................................................................................1
Sex Trafficking................................................................................................................................1
Unlawful Compelled Service (Subsection 221(b))..........................................................................1
Arranging Sex Tourism (Subsection 221(g))...................................................................................2
Sentencing Guidelines (Subsection 221(h))....................................................................................2
Obstructing Labor Investigations (Subsection 221(e))....................................................................3
Forfeiture: Return of Property (Subsection 221(c))........................................................................3
Civil Cause of Action (Subsection 221(d)).....................................................................................3
Crime Victims Fund (Subsection 214(b))........................................................................................4
Extraterritorial Jurisdiction for Certain Trafficking Offenses (Section 222)...................................4
Importing Aliens for Prostitution (Subsection 223(a))....................................................................4
Justice Department Enforcement (Subsection 234(a))....................................................................4
False Statements by Foreign Recruiters (Subsection 202(g))..........................................................5
Model State Legislation (Section 224)............................................................................................5
Author Contact Information............................................................................................................6
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.
Proposed 18 U.S.C. 2429 would condemn knowingly recruiting, enticing, harboring, transporting,
providing or obtaining another individual, in or affecting interstate or foreign commerce or within
U.S. special maritime and territorial jurisdiction, with the knowledge that the individual would be
used to engage in a commercial sex act either as child or through force, fraud or coercion. The
proposed section would condemn profiting from such a venture as well. In either case, offenders
would face imprisonment for any term of years not less than 15 years or for life (not less than 10
years if the child were 14 years of age or older). The proposal is essentially the same as 18 U.S.C.
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. 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). It 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.
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. 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. 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. Offenders would be punished by imprisonment for
not more than 5 years.
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
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(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.
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).
Subsection 221(e) would amend the federal witness tampering and retaliation provisions 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, 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.
Under existing law, it is a federal crime punishable by imprisonment for not more than 20 years to
obstruct enforcement of the peonage prohibition. 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. 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. Unlike the proposed
amendment, present law does 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.
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. It would
permit the Attorney General to return property confiscated under other laws to trafficking victims.
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.
Subsection 221(d) would enlarge the civil cause of action available to victims of violations of the
involuntary servitude and trafficking provisions. 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).
Paragraph 214(b)(1) of Section 214 would amend the Victims of Crime Act of 1984. 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 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. 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.
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.
Subsection 223(a) would streamline Section 278 of the Immigration and Nationality Act (8
U.S.C. 1328) with little change in substance. 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.
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.
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).
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.
Charles Doyle
Senior Specialist in American Public Law
cdoyle@crs.loc.gov, 7-6968