I

106TH CONGRESS

1ST SESSION H. R. 1356

To end international sexual trafficking, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 25, 1999

Mr. SMITH of New Jersey (for himself and Ms. KAPTUR) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on the Judiciary, and Banking

and Financial Services, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To end international sexual trafficking, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Freedom From Sexual Trafficking Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes and findings.

Sec. 3. Definitions.

Sec. 4. Minimum standards for the elimination of sexual trafficking.
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Sec. 5. Office for the Protection of Victims of Trafficking.

Sec. 6. Assistance for victim protection.

Sec. 7. Protection from removal for certain victims of sexual trafficking.

Sec. 8. Actions against governments failing to meet minimum standards.

Sec. 9. Trafficking of persons for commercial sexual purposes.

1 SEC. 2. PURPOSES AND FINDINGS.

2 (a) PURPOSES.—The purposes of this Act are to end

3 international sexual trafficking, in which women and chil4 dren are brought across international boundaries by

5 means of force or fraud for purposes of forced prostitu6 tion, sexual slavery, and similar practices; to provide just

7 punishment for the perpetrators of such practices; and to

8 protect their victims.

9 (b) FINDINGS.—The Congress makes the following

10 findings:

11 (1) Millions of persons every year, of whom the

12 overwhelming majority are women or children, are

13 trafficked into the international sex trade by means

14 of fraud, force, or coercion.

15 (2) International trafficking in persons is not

16 limited to sexual trafficking. It may also involve

17 forced labor and other violations of internationally

18 recognized human rights. Trafficking of persons in

19 all its forms is an evil that calls for concerted and

20 vigorous action by countries of origin, receiving

21 countries, and international organizations.

22 (3) Sexual trafficking is a particularly brutal

23 form of the international traffic in persons. Because
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1 it causes the involuntary participation of another

2 person in sex acts by means of fraud, force, or coer3 cion, sexual trafficking includes all the elements of

4 the crime of rape, which is defined by all legal sys5 tems as among the most serious of all crimes.

6 (4) International sexual trafficking also involves

7 frequent and serious violations of other laws, includ8 ing labor and immigration codes and laws against

9 kidnapping, slavery, false imprisonment, assault,

10 battery, pandering, fraud, and extortion.

11 (5) Existing legislation and law enforcement in

12 the United States and in other nations around the

13 world have proved inadequate to deter trafficking

14 and to bring traffickers to justice, principally be15 cause such legislation and enforcement do not reflect

16 the gravity of the offenses involved. Instead, even

17 the most brutal instances of sexual trafficking are

18 often punished under laws that also apply to far less

19 serious offenses such as consensual sexual activity

20 and illegal immigration, so that traffickers typically

21 escape severe punishment.

22 (6) In some countries, enforcement against

23 international sexual traffickers is also hindered by

24 official indifference, by corruption, and sometimes

25 even by active official participation in trafficking.
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1 (7) Because existing laws and law enforcement

2 procedures often fail to make clear distinctions be3 tween victims of sexual trafficking and persons who

4 have wilfully violated laws such as those against

5 prostitution, and because victims often do not have

6 legal immigration status in the countries into which

7 they are trafficked, the victims are often punished

8 more harshly than the traffickers themselves.

9 (8) Because victims of international sexual traf10 ficking are frequently unfamiliar with the laws, cul11 tures, and languages of the countries into which

12 they have been trafficked, and because they are sub13 jected to coercion and intimidation including phys14 ical detention, debt bondage, fear of retribution, and

15 fear of forcible removal to countries in which they

16 will face retribution or other hardship, these victims

17 often find it difficult or impossible to report the

18 crimes committed against them or to assist in the

19 investigation and prosecution of such crimes.

20 (9) The Universal Declaration of Human

21 Rights recognizes the right to be free from slavery

22 and involuntary servitude, arbitrary detention, de23 grading or inhuman treatment, and arbitrary inter24 ference with privacy or the family, as well as the

25 right to protection by law against these abuses.
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1 (10) The United Nations General Assembly has

2 passed three resolutions during the last three years

3 (50/167, 51/66, and 52/98) recognizing that the

4 international traffic in women and girls, particularly

5 for purposes of forced prostitution, is a matter of

6 pressing international concern involving numerous

7 violations of fundamental human rights. The resolu8 tions call upon governments of receiving countries as

9 well as countries of origin to strengthen their laws

10 against such practices, to intensify their efforts to

11 enforce such laws, and to ensure the full protection,

12 treatment, and rehabilitation of women and children

13 who are victims of trafficking.

14 (11) The Final Report of the World Congress

15 against Sexual Exploitation of Children, held in

16 Stockholm, Sweden in August 1996, recognized that

17 international sexual trafficking is a principal cause

18 of increased exploitation and degradation of chil19 dren.

20 (12) In the 1991 Moscow Document of the Or21 ganization for Security and Co-operation in Europe,

22 participating states including the United States

23 agreed to ‘‘seek to eliminate all forms of violence

24 against women, and all forms of traffic in women

25 and exploitation of prostitution of women including
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1 by ensuring adequate legal prohibitions against such

2 acts and other appropriate measures’’.

3 (13) In order to deter international sexual traf4 ficking and to bring its perpetrators to justice, na5 tions including the United States must recognize

6 that sexual trafficking is a grave offense, equivalent

7 for all moral and practical purposes to the crime of

8 rape, and must act on this recognition by pre9 scribing appropriate punishment for sexual traf10 ficking, by giving the highest priority to its inves11 tigation and prosecution, and by protecting rather

12 than punishing its victims.

13 SEC. 3. DEFINITIONS.

14 As used in this Act:

15 (1) SEXUAL TRAFFICKING.—The term ‘‘sexual

16 trafficking’’ means the taking of a person across an

17 international border for the purpose of a commercial

18 sexual act, if either such taking or such sexual act

19 is effected by fraud, force, or coercion, or if the per20 son has not attained the age of 18 years.

21 (2) VICTIM OF SEXUAL TRAFFICKING.—The

22 term ‘‘victim of sexual trafficking’’ means any per23 son who is taken across an international border for

24 the purpose of a commercial sexual act, if the par25 ticipation of such person in such taking or such act
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1 is induced by fraud, force, or coercion, or if the per2 son has not attained the age of 18 years.

3 (3) ACT OF SEXUAL TRAFFICKING.—The term

4 ‘‘act of sexual trafficking’’ means any act at any

5 point in the process of sexual trafficking, including

6 any act of recruitment, harboring, transport, pur7 chase, or sale of a victim of sexual trafficking, or

8 any act of operation, management, or ownership of

9 an enterprise in which a victim of sexual trafficking

10 engages in a commercial sexual act or is induced or

11 expected to engage in such act, or sharing in the

12 profits of the process of sexual trafficking or any

13 part thereof.

14 (4) COMMERCIAL SEXUAL ACT.—The term

15 ‘‘commercial sexual act’’ means a sexual act on ac16 count of which anything of value is given to or re17 ceived by any person.

18 (5) MINIMUM STANDARDS FOR THE ELIMI19 NATION OF SEXUAL TRAFFICKING.—The term ‘‘min20 imum standards for the elimination of sexual traf21 ficking’’ means the standards set forth in section 4.

22 (6) NONHUMANITARIAN FOREIGN ASSIST23 ANCE.—The term ‘‘nonhumanitarian foreign assist24 ance’’ means—
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1 (A) any assistance under the Foreign As2 sistance Act of 1961 (including programs under

3 title IV of chapter 2 of part I of that Act, relat4 ing to the Overseas Private Investment Cor5 poration), other than—

6 (i) assistance under chapter 8 of part

7 I of that Act;

8 (ii) any other narcotics-related assist9 ance under part I of that Act or under

10 chapter 4 or 5 of part II of that Act, but

11 any such assistance provided under this

12 clause shall be subject to the prior notifica13 tion procedures applicable to

14 reprogrammings pursuant to section 634A

15 of that Act;

16 (iii) disaster relief assistance, includ17 ing any assistance under chapter 9 of part

18 I of that Act;

19 (iv) antiterrorism assistance under

20 chapter 8 of part II of that Act;

21 (v) assistance which involves the pro22 vision of food (including monetization of

23 food) or medicine;

24 (vi) assistance for refugees; and
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1 (vii) humanitarian and other develop2 ment assistance in support of programs of

3 nongovernmental organizations under

4 chapters 1 and 10 of that Act;

5 (B) sales, or financing on any terms, under

6 the Arms Export Control Act, other than sales

7 or financing provided for narcotics-related pur8 poses following notification in accordance with

9 the prior notification procedures applicable to

10 reprogrammings pursuant to section 634A of

11 the Foreign Assistance Act of 1961; and

12 (C) financing under the Export-Import

13 Bank Act of 1945.

14 SEC. 4. MINIMUM STANDARDS FOR THE ELIMINATION OF

15 SEXUAL TRAFFICKING.

16 (a) MINIMUM STANDARDS.—Minimum standards for

17 the elimination of sexual trafficking are as follows:

18 (1) The country should prohibit and punish sex19 ual trafficking.

20 (2) The country should prescribe punishment

21 commensurate with that for the most serious crimes,

22 such as forcible sexual assault, for a person who

23 knowingly commits an act of sexual trafficking in24 volving fraud, force, or coercion, or in which the vic-
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1 tim of sexual trafficking has not attained the age of

2 14 years.

3 (3) The country should prescribe punishment

4 commensurate with that prescribed for other serious

5 crimes for a person who knowingly commits an act

6 of sexual trafficking in which there is no proof of

7 fraud, force, or coercion, and in which the victim of

8 sexual trafficking has attained the age of 14 years

9 but has not attained the age of 18 years.

10 (4) The country should make serious and sus11 tained efforts to eliminate sexual trafficking.

12 (b) CRITERIA.—In determinations under subsection

13 (a)(3) the following factors should be considered:

14 (1) Whether the country vigorously investigates

15 and prosecutes acts of trafficking that take place

16 wholly or partly within the territory of the country.

17 (2) Whether the country cooperates with other

18 countries in the investigation and prosecution of sex19 ual trafficking.

20 (3) Whether the country extradites persons

21 charged with acts of sexual trafficking on the same

22 terms and to the same extent as persons charged

23 with other serious crimes.

24 (4) Whether the country monitors immigration

25 and emigration patterns for evidence of sexual traf-
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1 ficking and whether law enforcement agencies of the

2 country respond to any such evidence in a manner

3 which is consistent with the vigorous investigation

4 and prosecution of acts of sexual trafficking, as well

5 as with the protection of victims and the internation6 ally recognized human right to travel.

7 (5) Whether the country protects victims and

8 encourages their assistance in the investigation and

9 prosecution of sexual trafficking, including provision

10 for legal alternatives to their removal to countries in

11 which they would face retribution or other hardship.

12 (6) Whether the country vigorously investigates

13 and prosecutes public officials who participate in, fa14 cilitate, or condone sexual trafficking.

15 SEC. 5. OFFICE FOR THE PROTECTION OF VICTIMS OF

16 TRAFFICKING.

17 (a) ESTABLISHMENT.—There is established in the

18 Office of the Secretary of State an Office for the Protec19 tion of Victims of Trafficking. The office shall be adminis20 tered by a director. The director shall be appointed by the

21 President with the advice and consent of the Senate. The

22 director shall have primary responsibility for assisting the

23 Secretary of State in carrying out the purposes of this Act

24 and may have additional responsibilities as determined by

25 the Secretary.
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1 (b) REPORTS TO CONGRESS.—

2 (1) ANNUAL REPORT.—Not later than April 30

3 of each year, the Secretary of State, with the assist4 ance of the director, shall submit to the Congress a

5 report with respect to the status of international

6 sexual trafficking, including a list of those countries,

7 if any, that do not meet the minimum standards for

8 the elimination of sexual trafficking under section 4.

9 (2) COUNTRY REPORTS ON HUMAN RIGHTS

10 PRACTICES.—Section 116(d) of the Foreign Assist11 ance Act of 1961 (22 U.S.C. 2151n) is amended—

12 (A) at the end of paragraph (6) by striking

13 ‘‘and’’;

14 (B) at the end of paragraph (7) by striking

15 the period and inserting ‘‘; and’’; and

16 (C) by adding after paragraph (7) the fol17 lowing new paragraph:

18 ‘‘(8) information on sexual trafficking and of

19 efforts being taken by the country to prevent such

20 trafficking.’’.

21 (3) INTERIM REPORTS.—The Secretary of

22 State, with the assistance of the director, may sub23 mit to the Congress in addition to the annual report

24 under subsection (b) one or more interim reports

25 with respect to the status of international sexual
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1 trafficking, including information about countries

2 whose governments have come into or out of compli3 ance with the minimum standards for the elimi4 nation of sexual trafficking since the transmission of

5 the last annual report.

6 (c) DUTIES AND AUTHORITIES OF THE DIRECTOR.—

7 Pursuant to the responsibilities set forth in subsections

8 (a) and (b), the director shall assist the Secretary in the

9 establishment and operation of facilities to receive and dis10 seminate information about international sexual traf11 ficking, including a site on the Internet. The director shall

12 have authority to consult with experts on international

13 sexual trafficking and with victims and other affected per14 sons and to take evidence in public hearings or by other

15 means.

16 (d) AUTHORIZATION.—There is authorized to be ap17 propriated to the Secretary of State $2,000,000 for fiscal

18 year 2000 and $2,000,000 for fiscal year 2001 for the

19 Office for the Protection of Victims of Trafficking.

20 (e) NOMINATION OF DIRECTOR.—The President shall

21 transmit to the Senate the nomination of the director not

22 later than 120 days after the effective date of this Act.

23 SEC. 6. ASSISTANCE FOR VICTIM PROTECTION.

24 (a) INTERNATIONAL VICTIM PROGRAMS.—There is

25 authorized to be appropriated to the Secretary of State
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1 $10,000,000 for fiscal year 2000 and $10,000,000 for fis2 cal year 2001, for assistance to foreign countries in pro3 grams and activities designed to meet the minimum inter4 national standards for the elimination of sexual traf5 ficking, including drafting of legislation to prohibit and

6 punish acts of sexual trafficking, investigation and pros7 ecution of sexual trafficking, and facilities, programs, and

8 activities for the protection of victims.

9 (b) DOMESTIC VICTIM PROGRAMS.—There is appro10 priated to the Secretary of Health and Human Services,

11 $10,000,000 for fiscal year 2000 and $10,000,000 for fis12 cal year 2001, for programs and activities to assist victims

13 of sexual trafficking in the United States.

14 (c) ASSISTANCE THROUGH NGOS.—In carrying out

15 this section, assistance should be administered through

16 nongovernmental organizations (NGOs) whenever pos17 sible.

18 (d) ASSET FORFEITURE FUNDS.—Funds from asset

19 forfeiture under section 2241A of title 18, United States

20 Code, are authorized to be available in equal amounts for

21 the purposes of subsections (a) and (b) and shall remain

22 available for obligation until expended.
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1 SEC. 7. PROTECTION FROM REMOVAL FOR CERTAIN VIC2 TIMS OF SEXUAL TRAFFICKING.

3 (a) NONIMMIGRANT CLASSIFICATION FOR CERTAIN

4 VICTIMS OF SEXUAL TRAFFICKING.—Section 101(a)(15)

5 of the Immigration and Nationality Act (8 U.S.C.

6 1101(a)(15)) is amended—

7 (1) by striking ‘‘or’’ at the end of subparagraph

8 (R);

9 (2) by striking the period at the end of sub10 paragraph (S) and inserting ‘‘; or’’; and

11 (3) by adding at the end the following new sub12 paragraph:

13 ‘‘(T) an alien who the Attorney General

14 determines—

15 ‘‘(i) is physically present in the

16 United States;

17 ‘‘(ii) is or has been a victim of sexual

18 trafficking as defined in section 3 of the

19 Freedom From Sexual Trafficking Act of

20 1999;

21 ‘‘(iii)(I) has not unreasonably refused

22 to assist in the investigation or prosecution

23 of acts of sexual trafficking; or

24 ‘‘(II) has not attained the age of 14

25 years; and
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1 ‘‘(iv) would face a significant possi2 bility of retribution or other hardship if re3 moved from the United States,

4 and, if the Attorney General considers it to be

5 appropriate, the spouse, married and unmarried

6 sons and daughters, and parents of an alien de7 scribed in this subparagraph if accompanying,

8 or following to join, the alien, except that no

9 person shall be eligible for admission to the

10 United States under this subparagraph if there

11 is substantial reason to believe that the person

12 has committed an act of sexual trafficking as

13 defined in section 3 of the Freedom From Sex14 ual Trafficking Act of 1999.’’.

15 (b) WAIVER OF GROUNDS FOR INELIGIBILITY FOR

16 ADMISSION.—Section 212(d) of the Immigration and Na17 tionality Act (8 U.S.C. 1182(d)) is amended by adding

18 at the end the following new paragraph:

19 ‘‘(13) The Attorney General shall determine

20 whether a ground for inadmissibility exists with re21 spect to a nonimmigrant described in section

22 101(a)(15)(T). The Attorney General, in the Attor23 ney General’s discretion, may waive the application

24 of subsection (a) (other than paragraph (3)(E)) in

25 the case of a nonimmigrant described in section
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1 101(a)(15)(T), if the Attorney General considers it

2 to be in the national interest to do so. Nothing in

3 this section shall be regarded as prohibiting the Im4 migration and Naturalization Service from insti5 tuting removal proceedings against an alien admit6 ted as a nonimmigrant under section 101(a)(15)(T)

7 for conduct committed after the alien’s admission

8 into the United States, or for conduct or a condition

9 that was not disclosed to the Attorney General prior

10 to the alien’s admission as a nonimmigrant under

11 section 101(a)(15)(T).’’.

12 (c) ADJUSTMENT TO PERMANENT RESIDENT STA13 TUS.—Section 245 of the Immigration and Nationality

14 Act (8 U.S.C. 1255) is amended by adding at the end the

15 following new subsection:

16 ‘‘(l)(1) If, in the opinion of the Attorney General, a

17 nonimmigrant admitted into the United States under sec18 tion 101(a)(15)(T)—

19 ‘‘(A) has been physically present in the United

20 States for a continuous period of at least 3 years

21 since the date of admission as a nonimmigrant

22 under section 101(a)(15)(T);

23 ‘‘(B) has, throughout such period, been a per24 son of good moral character;
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1 ‘‘(C) has not, during such period, unreasonably

2 refused to provide assistance in the investigation or

3 prosecution of acts of sexual trafficking; and

4 ‘‘(D) would face a significant possibility of ret5 ribution or other hardship if removed from the

6 United States,

7 the Attorney General may adjust the status of the alien

8 (and the spouse, married and unmarried sons and daugh9 ters, and parents of the alien if admitted under that sec10 tion) to that of an alien lawfully admitted for permanent

11 residence if the alien is not described in section

12 212(a)(3)(E)

13 ‘‘(2) An alien shall be considered to have failed to

14 maintain continuous physical presence in the United

15 States under paragraph (1)(A) if the alien has departed

16 from the United States for any period in excess of 90 days

17 or for any periods in the aggregate exceeding 180 days.’’.

18 SEC. 8. ACTIONS AGAINST GOVERNMENTS FAILING TO

19 MEET MINIMUM STANDARDS.

20 (a) STATEMENT OF POLICY.—It is the policy of the

21 United States not to provide nonhumanitarian foreign as22 sistance to countries which do not meet minimum stand23 ards for the elimination of sexual trafficking.

24 (b) NOTIFICATION.—For each fiscal year, for each

25 foreign country which does not meet minimum standards
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1 for the elimination of sexual trafficking, as described in

2 an annual report with respect to the status of inter3 national sexual trafficking under section 5(b)(1) or an in4 terim report under section 5(b)(3), not less than 45 days

5 and not more than 90 days after the submission of such

6 a report, the President shall submit a notification to the

7 Congress of one of the determinations described in sub8 section (c).

9 (c) DETERMINATIONS.—The determinations referred

10 to in subsection (b) are as follows:

11 (1) WITHHOLDING OF NONHUMANITARIAN AS12 SISTANCE.—The President has determined that—

13 (A)(i) the United States will not provide

14 nonhumanitarian foreign assistance to the gov15 ernment of the country for the subsequent fiscal

16 year until such government complies with the

17 minimum standards; or

18 (ii) in the case of a country whose govern19 ment received no nonhumanitarian foreign as20 sistance from the United States during the pre21 vious fiscal year, the United States will not pro22 vide funding for participation by officials or em23 ployees of such governments in educational and

24 cultural exchange programs for the subsequent
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1 fiscal year until such government complies with

2 the minimum standards; and

3 (B) the President will instruct the United

4 States Executive Director of each multilateral

5 development bank and of the International

6 Monetary Fund to vote against, and to use his

7 or her best efforts to deny, any loan or other

8 utilization of the funds of his or her institution

9 to that country (other than for humanitarian

10 assistance, or for development assistance which

11 directly addresses basic human needs, is not ad12 ministered by the government of the sanctioned

13 country, and confers no benefit to that country)

14 for the subsequent fiscal year until such govern15 ment complies with the minimum standards.

16 (2) SUBSEQUENT COMPLIANCE.—The Secretary

17 of State, with the assistance of the director, has de18 termined that the country has come into compliance

19 with the minimum standards.

20 (3) CONTINUATION OF ASSISTANCE IN THE NA21 TIONAL INTEREST.—Notwithstanding the failure of

22 the country to comply with minimum standards for

23 the elimination of sexual trafficking, the President

24 has determined that the provision of nonhumani-
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1 tarian foreign assistance to the country is in the na2 tional interest of the United States.

3 (d) CERTIFICATION.—Together with any notification

4 under subsection (b)(1)(i), the President shall provide a

5 certification by the Secretary of State that with respect

6 to assistance described in clause (i), (ii), or (iv) of section

7 3(6)(A) or in section 3(6)(B), no assistance is intended

8 to be received or used by any agency or official who has

9 participated in, facilitated, or condoned sexual trafficking.

10 SEC. 9. TRAFFICKING OF PERSONS FOR COMMERCIAL SEX11 UAL PURPOSES.

12 (a) IN GENERAL.—Chapter 109A of title 18, United

13 States Code, is amended by inserting after section 2241

14 the following:

15 ‘‘§ 2241A. Trafficking of persons for commercial sex16 ual purposes

17 ‘‘(a) IN GENERAL.—Whoever, whether inside or out18 side the United States, knowingly does or attempts or con19 spires to—

20 ‘‘(1) transport a person across an international

21 border;

22 ‘‘(2) recruit, entice, harbor, or engage in the

23 purchase or sale of a person when the person will be

24 or has been transported across an international bor25 der; or
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1 ‘‘(3) own, manage, operate, or share in the pro2 ceeds of an enterprise in which a person has been

3 transported across an international border,

4 for the purpose of causing a person who has not attained

5 the age of 18 years to engage in a commercial sexual act

6 or for the purpose of causing a person to engage in a com7 mercial sexual act by fraud, force, or coercion, shall be

8 punished as provided in subsection (b).

9 ‘‘(b) PUNISHMENT.—The punishment for an offense

10 under subsection (a) is—

11 ‘‘(1) if the offense was effected by fraud, force,

12 or coercion, or if the person transported had not at13 tained the age of 14 years at the time of such of14 fense, by a fine under this title or imprisonment for

15 any term of years or for life, or both; or

16 ‘‘(2) if the offense was not effected by fraud,

17 force, or coercion, and the person transported had

18 attained the age of 14 years but had not attained

19 the age of 18 years at the time of such offense, by

20 a fine under this title or imprisonment for not more

21 than 15 years, or both.

22 ‘‘(c) DEFINITION OF COMMERCIAL SEXUAL ACT.—

23 In this section, the term ‘commercial sexual act’ means

24 any sexual act, on account of which anything of value is

25 given to or received by any person, and—
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1 ‘‘(1) which takes place in the United States;

2 ‘‘(2) which affects United States foreign com3 merce; or

4 ‘‘(3) in which either the person transported or

5 the person committing the violation is a United

6 States citizen or an alien admitted for permanent

7 residence in the United States.

8 ‘‘(d) FORFEITURE.—

9 ‘‘(1) IN GENERAL.—Upon conviction for a vio10 lation of this section, the convicted person shall for11 feit to the United States such person’s interest in

12 any property, real or personal—

13 ‘‘(A) constituting or traceable to gross

14 profits or other proceeds obtained from such of15 fense; or

16 ‘‘(B) used or intended to be used to com17 mit or to promote the commission of such of18 fense.

19 ‘‘(2) PROCEDURE.—The procedures in section

20 1963 relating to forfeiture shall apply to forfeiture

21 of property under this section in the same manner

22 as those procedures apply with respect to property

23 forfeited under that section.

24 ‘‘(e) WITNESS PROTECTION.—Any violation of this

25 section shall be considered an organized criminal activity
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1 or other serious offense for the purposes of application of

2 chapter 224 (relating to witness protection).’’.

3 (b) RACKETEERING.—Section 1961(1) of title 18,

4 United States Code, is amended by inserting ‘‘section

5 2241A (relating to trafficking of persons for commercial

6 sexual purposes),’’ after ‘‘murder-for-hire),’’.

7 (c) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 109A of title 18, United States

9 Code, is amended by inserting after the item relating to

10 section 2241 the following new item:

‘‘2241A. Trafficking of persons for commercial sexual purposes.’’.

Æ