HOUSE_OVERSIGHT_012373.jpg
2.26 MB
Extraction Summary
1
People
5
Organizations
2
Locations
4
Events
1
Relationships
3
Quotes
Document Information
Type:
Government legislative analysis / recommendation memo
File Size:
2.26 MB
Summary
This document is a Department of Justice (DOJ) analysis of proposed anti-trafficking legislation, marked as page 2 of a collection from 'HOUSE_OVERSIGHT'. The DOJ raises concerns about several sections, recommending amendments to ensure U.S. international standards mirror domestic policies that prioritize both sex and labor trafficking. The department also advocates for greater flexibility in partnering with aid organizations and in allowing the Secretary of State to evaluate foreign governments' anti-trafficking efforts on a case-by-case basis, especially concerning cases with lenient sentences for cooperating defendants.
People (1)
| Name | Role | Context |
|---|---|---|
| Secretary of State | Government Official |
Mentioned in the context of a recommended amendment to Section 106, which would give the Secretary of State greater f...
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Organizations (5)
| Name | Type | Context |
|---|---|---|
| Department of Justice (DOJ) |
The authoring agency of this analysis, providing recommendations and objections to proposed anti-trafficking legislat...
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| United States Government |
The entity whose policies and legislative constraints are being discussed.
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| UNHCR |
The UN Refugee Agency, mentioned as a potential partner organization for the U.S. Government in anti-trafficking effo...
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| International Organization for Migration (IOM) |
Mentioned as a potential partner organization for the U.S. Government in anti-trafficking efforts under a proposed am...
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| HOUSE_OVERSIGHT |
Appears in the footer (HOUSE_OVERSIGHT_012373), likely indicating the document is from a U.S. House of Representative...
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Timeline (4 events)
Not specified
DOJ analysis of an amendment to the Foreign Assistance Act of 1961 (22 U.S.C. § 2151 et seq), raising concerns that it could be construed as prioritizing sex trafficking over labor trafficking.
Not applicable
DOJ
Not specified
DOJ objection to language in Section 104 that specifies groups the U.S. Government must consult with, proposing an amendment for more flexibility.
Not applicable
DOJ
Not specified
DOJ recommendation for Section 105 to require that the effectiveness of assistance programs be measured by 'best efforts to facilitate cooperation with law enforcement'.
Not applicable
DOJ
Not specified
DOJ opposition to a bar in Section 106 that prevents counting cases with probation or low sentences, recommending an amendment to allow for case-by-case consideration.
Not applicable
DOJ
Locations (2)
| Location | Context |
|---|---|
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The document states that any international standard the U.S. promotes must mirror its domestic standards.
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The legislation discussed pertains to providing assistance to and evaluating the anti-trafficking efforts of foreign ...
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Relationships (1)
The entire document consists of the DOJ's analysis and recommendations to shape U.S. law and policy on combating human trafficking.
Key Quotes (3)
"including investigation of individuals and entities that may be involved in trafficking in persons involving sexual exploitation or forced labor."Source
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Quote #1
"[i]n cooperation and coordination with organizations which may include the [UNHCR], the International Organization [for] Migration, and other relevant organizations...."Source
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Quote #2
"shall be considered on a case by case basis to determine if it will be considered an"Source
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Quote #3
Full Extracted Text
Complete text extracted from the document (3,142 characters)
ensure that foreign migrant workers are provided protection equal to nationals of the foreign country." This provision does not differentiate between legal and non-legal migrant workers, nor does it distinguish between forced labor and non-coerced migrant labor. DOJ believes that any international standard that we promote must mirror our domestic standards. Similarly, a new subsection (a)(i)(4) could be read as encouraging countries to loosen their immigration laws, something that the United States Government might not be willing to do.
Subsection (b) amends the Foreign Assistance Act of 1961 (22 U.S.C. § 2151 et seq) to provide specific assistance for anti-trafficking investigation and prosecution units in foreign countries. This subsection could be construed as prioritizing sex trafficking over labor trafficking. As stated above, DOJ believes that any international standard that we promote must mirror our domestic standards, which prioritize both sex trafficking and labor trafficking. Further, the amendment to 22 U.S.C. § 2152(d)(a)(2) should include a reference to labor trafficking and should, therefore, read "including investigation of individuals and entities that may be involved in trafficking in persons involving sexual exploitation or forced labor."
3. Section 104
The Department objects to the language in this section that specifies the groups with which the United States Government must consult and coordinate in offering assistance and protection to victims of human trafficking. Such language both places undue restrictions on the United States Government and could limit the Government's ability to deal with some necessary groups. It has been the consistent practice of the Department to consult widely with a range of stake holders and others before designing a program of foreign assistance on human trafficking. Such an additional requirement in the statutory language is unnecessary. We suggest that the language be amended to read, "[i]n cooperation and coordination with organizations which may include the [UNHCR], the International Organization [for] Migration, and other relevant organizations...."
4. Section 105
DOJ recommends that subsection (a) also require that the effectiveness of assistance programs be measured based on best efforts to facilitate cooperation with law enforcement, along with the other criteria.
5. Section 106
DOJ opposes the bar in subsection (b)(1) against including cases in which probation or low sentences are given. Some of the most important cases are the ones against cooperating defendants that result in minimal sentences in exchange for information or testimony. Embassies should have the discretion to take such situations into account when evaluating foreign government efforts to combat trafficking. The Department recommends amending section (b)(1)(B) by striking "shall not be considered to be an" and inserting in its place "shall be considered on a case by case basis to determine if it will be considered an" so that it will give the Secretary of State greater flexibility in evaluating the efforts of other countries.
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HOUSE_OVERSIGHT_012373
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