for the elimination of sexual trafficking, as described in
an annual report with respect to the status of inter-
national sexual trafficking under section 5(b)(1) or an in-
terim report under section 5(b)(3), not less than 45 days
and not more than 90 days after the submission of such
a report, the President shall submit a notification to the
Congress of one of the determinations described in sub-
section (c).
(c) DETERMINATIONS.—The determinations referred
to in subsection (b) are as follows:
(1) WITHHOLDING OF NONHUMANITARIAN AS-
SISTANCE.—The President has determined that—
(A)(i) the United States will not provide
nonhumanitarian foreign assistance to the gov-
ernment of the country for the subsequent fiscal
year until such government complies with the
minimum standards; or
(ii) in the case of a country whose govern-
ment received no nonhumanitarian foreign as-
sistance from the United States during the pre-
vious fiscal year, the United States will not pro-
vide funding for participation by officials or em-
ployees of such governments in educational and
cultural exchange programs for the subsequent
fiscal year until such government complies with
the minimum standards; and
(B) the President will instruct the United
States Executive Director of each multilateral
development bank and of the International
Monetary Fund to vote against, and to use his
or her best efforts to deny, any loan or other
utilization of the funds of his or her institution
to that country (other than for humanitarian
assistance, or for development assistance which
directly addresses basic human needs, is not ad-
ministered by the government of the sanctioned
country, and confers no benefit to that country)
for the subsequent fiscal year until such govern-
ment complies with the minimum standards.
(2) SUBSEQUENT COMPLIANCE.—The Secretary
of State, with the assistance of the director, has de-
termined that the country has come into compliance
with the minimum standards.
(3) CONTINUATION OF ASSISTANCE IN THE NA-
TIONAL INTEREST.—Notwithstanding the failure of
the country to comply with minimum standards for
the elimination of sexual trafficking, the President
has determined that the provision of nonhumani-
tarian foreign assistance to the country is in the na-
tional interest of the United States.
(d) CERTIFICATION.—Together with any notification
under subsection (b)(1)(i), the President shall provide a
certification by the Secretary of State that with respect
to assistance described in clause (i), (ii), or (iv) of section
3(6)(A) or in section 3(6)(B), no assistance is intended
to be received or used by any agency or official who has
participated in, facilitated, or condoned sexual trafficking.
SEC. 9. TRAFFICKING OF PERSONS FOR COMMERCIAL SEX-
UAL PURPOSES.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, is amended by inserting after section 2241
the following:
‘‘§ 2241A. Trafficking of persons for commercial sex-
ual purposes
‘‘(a) IN GENERAL.—Whoever, whether inside or out-
side the United States, knowingly does or attempts or con-
spires to—
‘‘(1) transport a person across an international
border;
‘‘(2) recruit, entice, harbor, or engage in the
purchase or sale of a person when the person will be
or has been transported across an international bor-
der; or
‘‘(3) own, manage, operate, or share in the pro-
ceeds of an enterprise in which a person has been
transported across an international border,
for the purpose of causing a person who has not attained
the age of 18 years to engage in a commercial sexual act
or for the purpose of causing a person to engage in a com-
mercial sexual act by fraud, force, or coercion, shall be
punished as provided in subsection (b).
‘‘(b) PUNISHMENT.—The punishment for an offense
under subsection (a) is—
‘‘(1) if the offense was effected by fraud, force,
or coercion, or if the person transported had not at-
tained the age of 14 years at the time of such of-
fense, by a fine under this title or imprisonment for
any term of years or for life, or both; or
‘‘(2) if the offense was not effected by fraud,
force, or coercion, and the person transported had
attained the age of 14 years but had not attained
the age of 18 years at the time of such offense, by
a fine under this title or imprisonment for not more
than 15 years, or both.
‘‘(c) DEFINITION OF COMMERCIAL SEXUAL ACT.—
In this section, the term ‘commercial sexual act’ means
any sexual act, on account of which anything of value is
given to or received by any person, and—
‘‘(1) which takes place in the United States;
‘‘(2) which affects United States foreign com-
merce; or
‘‘(3) in which either the person transported or
the person committing the violation is a United
States citizen or an alien admitted for permanent
residence in the United States.
‘‘(d) FORFEITURE.—
‘‘(1) IN GENERAL.—Upon conviction for a vio-
lation of this section, the convicted person shall for-
feit to the United States such person’s interest in
any property, real or personal—
‘‘(A) constituting or traceable to gross
profits or other proceeds obtained from such of-
fense; or
‘‘(B) used or intended to be used to com-
mit or to promote the commission of such of-
fense.
‘‘(2) PROCEDURE.—The procedures in section
1963 relating to forfeiture shall apply to forfeiture
of property under this section in the same manner
as those procedures apply with respect to property
forfeited under that section.
‘‘(e) WITNESS PROTECTION.—Any violation of this
section shall be considered an organized criminal activity
or other serious offense for the purposes of application of
chapter 224 (relating to witness protection).’’.
(b) RACKETEERING.—Section 1961(1) of title 18,
United States Code, is amended by inserting ‘‘section
2241A (relating to trafficking of persons for commercial
sexual purposes),’’ after ‘‘murder-for-hire),’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 109A of title 18, United States
Code, is amended by inserting after the item relating to
section 2241 the following new item:
‘‘2241A. Trafficking of persons for commercial sexual purposes.’’.
Æ