Human Trafficking—Senate Approval

The Senate has “overwhelmingly approved” Representative Chris Smith’s Trafficking Victims Protection Reauthorization Act of 2005.^[1] Last Friday, we noted the passage of the House version of the bill, pointing out that it clearly authorizes extraterritorial jurisdiction over the military and its civilian attendants for human trafficking-related crimes.

According to Rep. Smith, “estimates by the Congressional Budget Office [suggest that] the bill will provide $361 million to combat trafficking.”^[2] Furthermore, it “reauthorizes and expands appropriations for anti-trafficking programs in the United States and abroad and offers solutions to specific scenarios where additional initiatives are needed to combat trafficking problems, such as in peacekeeping missions.”^[3] Under the legislation, a $25 million grant program for local law enforcement agencies will be created to assist in the investigation and prosecution of “human trafficking (and related offenses) and [the grant] includes initiatives to attack the demand for prostitution, which fuels sex trafficking.”^[4]

Furthermore, the US Code is amended to “strengthen the use of money laundering, racketeering and civil and criminal forfeiture statutes against traffickers.”^[5] Under section 103 of the bill, 18 U.S.C. § 1956(c)(7)(B) is amended by adding a new subsection vii to the list of definitions of the term “specified unlawful activity.” The new 18 U.S.C. § 1956(c)(7)(B)(vii) would include “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,” as an unlawful activity. Furthermore, the definition of racketeering activity as codified by 18 U.S.C. § 1961(1)(B) would be amended by striking “1581-1591” and inserting “1581-1592,” bringing 18 U.S.C. § 1592 (pertaining to document fraud in furtherance of “trafficking, peonage, slavery, involuntary servitude, or forced labor”) into the definition of racketeering activity.

President George W. Bush has signaled that he “will sign the legislation.”^[6]

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[1] Representative Chris Smith, Rep. Smith's Trafficking Victims Protection Act to Become Law; Soon-to-Be Law Strengthens and Expands Human Trafficking Laws, Combats Domestic Trafficking, Targets Sex Trade Industry, US Newswire, Dec. 22, 2005. The House version of the bill is H.R. 972.EH.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.