Pub. L. 109-164, tit. I, sec. 103
ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.
SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.(a) Extraterritorial Jurisdiction Over Certain Trafficking in Persons Offenses.—(1) In general.—Part II of title 18, United States Code, is amended by inserting after chapter 212 the following new chapter:“CHAPTER 212A—EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING IN PERSONS OFFENSES “Sec. “3271. Trafficking in persons offenses committed by persons employed by or accompanying the Federal Government outside the United States. “3272. Definitions. “§ 3271. Trafficking in persons offenses committed by persons employed by or accompanying the Federal Government outside the United States“(a) Whoever, while employed by or accompanying the Federal Government outside the United States, engages in conduct outside the United States that would constitute an offense under chapter 77 or 117 of this title if the conduct had been engaged in within the United States or 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. “§ 3272. Definitions “As used in this chapter:“(1) The term ‘employed by the Federal Government outside the United States’ means—“(A) employed as a civilian employee of the Federal Government, as a Federal contractor (including a subcontractor at any tier), or as an employee of a Federal contractor (including a subcontractor at any tier);“(B) present or residing outside the United States in connection with such employment; and“(C) not a national of or ordinarily resident in the host nation.“(2) The term ‘accompanying the Federal Government outside the United States’ means—“(A) a dependant of—“(i) a civilian employee of the Federal Government; or119 STAT. 3563“(ii) a Federal contractor (including a subcontractor at any tier) or an employee of a Federal contractor (including a subcontractor at any tier);“(B) residing with such civilian employee, contractor, or contractor employee outside the United States; and“(C) not a national of or ordinarily resident in the host nation.” .(2) Clerical amendment.—The table of chapters at the beginning of such part is amended by inserting after the item relating to chapter 212 the following new item: “212A. Extraterritorial jurisdiction over certain trafficking in persons offenses 3271”. (b) Laundering of Monetary Instruments.—Section 1956(c)(7)(B) of title 18, United States Code, is amended—(1) in clause (v), by striking “or” at the end;(2) in clause (vi), by adding “or” at the end; and(3) by adding at the end the following new clause:“(vii) trafficking in persons, selling or buying of children, sexual exploitation of children, or transporting, recruiting or harboring a person, including a child, for commercial sex acts;”.(c) Definition of Racketeering Activity.—Section 1961(1)(B) of title 18, United States Code, is amended by striking “1581–1591” and inserting “1581–1592”.(d) Civil and Criminal Forfeitures.—(1) In general.—Chapter 117 of title 18, United States Code, is amended by adding at the end the following new section:“§ 2428. Forfeitures“(a) In General.—The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—“(1) such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and“(2) any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation.“(b) Property Subject to Forfeiture.—“(1) In general.—The following shall be subject to forfeiture to the United States and no property right shall exist in them:“(A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.“(B) Any property, real or personal, that constitutes or is derived from proceeds traceable to any violation of this chapter.“(2) Applicability of chapter 46.—The provisions of chapter 46 of this title relating to civil forfeitures shall apply to any seizure or civil forfeiture under this subsection.” .(2) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “2428. Forfeitures.”. 119 STAT. 3564