§ 7109. — Strengthening prosecution and punishment of traffickers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC7109]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 78--TRAFFICKING VICTIMS PROTECTION
Sec. 7109. Strengthening prosecution and punishment of
traffickers
(a) Omitted
(b) Amendment to the Sentencing Guidelines
(1) Pursuant to its authority under section 994 of title 28 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 [29 U.S.C. 201 et seq.]
and the Migrant and Seasonal Agricultural Worker Protection Act [29
U.S.C. 1801 et seq.].
(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.
(Pub. L. 106-386, div. A, Sec. 112, Oct. 28, 2000, 114 Stat. 1486.)
References in Text
The Fair Labor Standards Act, referred to in subsec. (b)(1),
probably means the Fair Labor Standards Act of 1938, act June 25, 1938,
ch. 676, 52 Stat. 1060, as amended, which is classified generally to
chapter 8 (Sec. 201 et seq.) of Title 29, Labor. For complete
classification of this Act to the Code, see section 201 of Title 29 and
Tables.
The Migrant and Seasonal Agricultural Worker Protection Act,
referred to in subsec. (b)(1), is Pub. L. 97-470, Jan. 14, 1983, 96
Stat. 2584, as amended, which is classified generally to chapter 20
(Sec. 1801 et seq.) of Title 29, Labor. For complete classification of
this Act to the Code, see Short Title note set out under section 1801 of
Title 29 and Tables.
The Sentencing Act of 1987, referred to in subsec. (b)(3), is Pub.
L. 100-182, Dec. 7, 1987, 101 Stat. 1266. Section 21(a) of the Act is
set out as a note under section 994 of Title 28, Judiciary and Judicial
Procedure. For complete classification of this Act to the Code, see
Short Title of 1987 Amendment note set out under section 3551 of Title
18, Crimes and Criminal Procedure, and Tables.
Codification
Section is comprised of section 112 of Pub. L. 106-386. Subsec. (a)
of section 112 of Pub. L. 106-386 enacted sections 1589 to 1594 of Title
18, Crimes and Criminal Procedure, and amended sections 1581, 1583, and
1584 of Title 18.
