[Congressional Record Volume 151, Number 77 (Monday, June 13, 2005)]
[Senate]
[Pages S6409-S6410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 1226. A bill to provide jurisdiction over Federal contractors who 
engage in human trafficking offenses; to the Committee on the 
Judiciary.
  Mr. AKAKA. Mr. President, I rise today to introduce the Federal 
Contractor Extraterritorial Jurisdiction for Human Trafficking Offenses 
Act of 2005, which builds upon bipartisan efforts to combat the 
abhorrent practice of human trafficking.
  Human trafficking is unfortunately among the fastest growing 
international criminal activities. According to the U.S. State 
Department's 2005 Trafficking in Persons Report, 600,000 to 800,000 
victims are transported across international borders each year. These 
victims often come from the world's most vulnerable populations and 
regions affected by wars or humanitarian disasters.
  With the promise of well-paying jobs, victims are often enticed to 
foreign countries, where upon arrival, their passports or travel papers 
are confiscated, and they are forced, many times beaten, until they 
agree to work without pay or serve as prostitutes. The perpetrators of 
human trafficking are typically motivated by profits derived from the 
use of forced labor or commercial sex exploitation. Because one of the 
common motivations of trafficking is forced prostitution: 80 percent of 
the victims are women and 50 percent of the victims are children.
  In 2001, awareness of human trafficking grew in London during a 
murder investigation where the victim was a small African boy. While 
trying to determine the identity of the victim, investigators 
discovered that, in London alone, 300 African children between the ages 
of 4 and 7 could not be accounted for. That staggering statistic 
provides an insight into the pervasiveness of child trafficking and 
demonstrates that it can occur in all countries, including the most 
affluent.
  This issue has long been a concern of mine. Nearly 6 years ago, I 
learned of a human trafficking ring that enslaved foreign workers and 
smuggled them to the U.S. Commonwealth of the Northern Mariana Islands, 
CNMI. The workers were forced to work in factories or serve as 
prostitutes. Senators Frank Murkowski, Jeff Bingaman, and I introduced 
S. 1052 to tighten immigration law in the CNMI to prevent future human 
trafficking rings. Although our bill passed the Senate, it was not 
taken up in the House.
  Unfortunately, that was only one of numerous human trafficking 
conspiracies discovered within the United States. The State Department 
estimates that 14,500 to 17,500 human trafficking victims are brought 
into our country every year.
  We cannot address this issue without recognizing the efforts of my 
friend and departed colleague, Senator Paul Wellstone, who through his 
leadership, the Victims of Trafficking and Violence Protection Act of 
2000, P.L. 106-386, was enacted. This law first established our 
Nation's commitment to the prosecution of traffickers and the 
protection of victims of trafficking.
  Since 2000, and the passage of this Act, there has been a surge in 
government activity relating to the prevention and prosecution of human 
trafficking offenses. In 2003 alone, there were approximately 3,000 
convictions of human traffickers worldwide.
  We have learned a great deal more about the conditions under which 
members of a population are likely to become victims of trafficking. 
Those who are displaced from their homes or suffering from poverty are 
much more likely to become victims of trafficking. Unfortunately, 
military forces and organizations charged with protecting and providing 
for vulnerable populations have, at times, actually encouraged the 
trafficking of humans.
  There have been instances in the Congo and in Bosnia where increased 
demand for prostitution and forced labor caused by foreign peacekeeping 
troops and humanitarian aid workers accelerated the exploitation of 
already vulnerable populations.
  There have even been reports where contractors, working on behalf of 
the United States Government, have contributed to, and even 
participated in, the trafficking of humans abroad. Nothing is more 
contrary to the freedoms we cherish than the trafficking of humans, 
which is why I introduce today the Federal Contractor Extraterritorial 
Jurisdiction for Human Trafficking Offenses Act.
  My bill closes a loophole in U.S. criminal law. Under current law, 
Federal contractors who engage in human trafficking offenses abroad are 
subject to prosecution in the United States only if ``employed by or 
accompanying the Armed Forces.'' The bill closes this loophole by 
permitting the prosecution of Federal contractors of ``any executive 
agency.''
  I believe all U.S. contractors should be treated the same, and all 
should be held to the same standards. A paycheck from the United States 
should never be used to purchase a human life.
  I wish to point out that this legislation respects the sovereignty of 
foreign governments to prosecute these crimes locally. If a prosecution 
has occurred or is pending by the foreign government, U.S. authorities 
are precluded from prosecuting except upon approval of the U.S. 
Attorney General.
  Rather, my measure authorizes the prosecution of a U.S. contractor 
who engages in human trafficking abroad but flees the foreign country 
to avoid prosecution. This happened, according to at least one report, 
where an employee of a Federal contractor in Bosnia bought a woman to 
serve as a sex slave. This individual fled the country after local 
authorities discovered the crime, and he returned to the U.S. to avoid 
prosecution. My bill would empower U.S. prosecutors to bring such an 
individual to justice.
  Mr. President, I ask by unanimous consent that the text of my bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S6410]]

                                 S. 1226

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Contractor 
     Extraterritorial Jurisdiction for Human Trafficking Offenses 
     Act of 2005''.

     SEC. 2. FEDERAL CONTRACTOR EXTRA-TERRITORIAL JURISDICTION.

       Chapter 77 of title 18, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 1596. Federal contractor extraterritorial jurisdiction

       ``(a) Whoever, while a Federal contractor, engages in 
     conduct outside the United States that would constitute a 
     violation of this chapter punishable by imprisonment for more 
     than 1 year if the conduct had been engaged in within the 
     special maritime and territorial jurisdiction of the United 
     States shall be punished as provided for that offense.
       ``(b) No prosecution may be commenced against a person 
     under this section if a foreign government, in accordance 
     with jurisdiction recognized by the United States, has 
     prosecuted or is prosecuting such person for the conduct 
     constituting such offense, except upon the approval of the 
     Attorney General or the Deputy Attorney General (or a person 
     acting in either such capacity), which function of approval 
     may not be delegated.
       ``(c) An individual who is a victim of a violation of this 
     chapter by a Federal contractor may bring a civil action 
     against the perpetrator under section 1595 if a civil action 
     would have been authorized under section 1595 had the conduct 
     been engaged in within the special maritime and territorial 
     jurisdiction of the United States.
       ``(d) As used in this section, the term `Federal 
     contractor' means a person who--
       ``(1) is employed as a contractor (including a 
     subcontractor at any tier), or as an employee of a contractor 
     (or subcontractor at any tier), of any executive agency, as 
     that term is defined in section 4(1) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403(1));
       ``(2) is present or residing outside the United States in 
     connection with such employment; and
       ``(3) is not a national of or ordinarily resident in the 
     country where the violation occurred.''.
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