[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2916 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                 S. 2916

 To combat unlawful commercial sex activities by targeting demand, to 
 protect children from being exploited by such activities, to prohibit 
 the operation of sex tours, to assist State and local governments to 
  enforce laws dealing with commercial sex activities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2004

 Mr. Cornyn (for himself, Mr. Schumer, and Mr. Specter) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To combat unlawful commercial sex activities by targeting demand, to 
 protect children from being exploited by such activities, to prohibit 
 the operation of sex tours, to assist State and local governments to 
  enforce laws dealing with commercial sex activities, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Domestic 
Trafficking Victims Protection Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Prosecution of purchasers, traffickers, and exploiters of 
                            commercial sex acts.
Sec. 5. Strengthening prosecution and punishment of traffickers, 
                            purchasers, and exploiters of commercial 
                            sex acts.
Sec. 6. Special operating group participation.
Sec. 7. Reports.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The unlawful trafficking of persons for commercial 
        sexual activities has a devastating impact on society.
            (2) An alarming number of individuals who are used for 
        unlawful commercial sexual activities are socially and 
        economically marginalized, and kept in effective bondage by 
        threats or acts of physical and sexual abuse. These individuals 
        are victimized by the prevalence of unlawful commercial sex. A 
        disproportionate number of these victims are women and 
        children.
            (3) Although current laws punish traffickers, exploiters, 
        and purchasers of unlawful commercial sex activities, these 
        laws are typically enforced disproportionately against the 
        individuals, predominantly women and girls, who are used in the 
        unlawful activities, instead of against the traffickers, 
        exploiters, and purchasers, who are predominantly men.
            (4) According to recent studies--
                    (A) 11 females used in unlawful commercial sex acts 
                were arrested in Boston for every arrest of a male 
                purchaser;
                    (B) 9 females used in unlawful commercial sex acts 
                were arrested in Chicago for every arrest of a male 
                purchaser; and
                    (C) 6 females used in unlawful commercial sex acts 
                were arrested in New York City for every arrest of a 
                male purchaser.
            (5) Some studies reveal that unlawful commercial sex is a 
        frequent gateway crime for women who later commit more serious 
        criminal offenses. Over 70 percent of female inmates in 
        American prisons were first arrested for engaging in commercial 
        sex acts. For every 3 women in jails in the United States 
        today, 1 was arrested for prostitution, and 7 of every 10 women 
        imprisoned on felony convictions were initially arrested for 
        prostitution.
            (6) The emotional and physical ramifications of unlawful 
        sex trafficking of children as well as women are staggering, 
        leading to an increased risk of--
                    (A) sexual and physical assault;
                    (B) violence;
                    (C) suicide;
                    (D) pregnancy;
                    (E) abortion;
                    (F) sexually transmitted diseases, including AIDS;
                    (G) post-traumatic stress disorder; and
                    (H) death.
            (7) Unlawful sex trafficking has a particularly devastating 
        and alarming impact upon children. According to some estimates, 
        between 100,000 to 300,000 children are victimized by unlawful 
        sex trafficking at any given time. According to the 
        CyberTipline of the National Center for Missing and Exploited 
        Children, reports of child sexual exploitation, including child 
        pornography, child prostitution, online enticement of children, 
        and child sex tourism, have increased 750 percent over the past 
        5 years.
            (8) Runaway children are especially vulnerable to unlawful 
        sex traffickers, who lure these children into devastating lives 
        as victims of commercial sex acts, with promises of food, 
        clothing, and shelter.
            (9) According to the Office of Juvenile Justice and 
        Delinquency Prevention in the Department of Justice, in 2002--
                    (A) over 1,300,000 children were missing in the 
                United States;
                    (B) as many as 775,000 of these children are 
                runaways; and
                    (C) 76 percent of runaway children who call the 
                National Runaway Switchboard are girls under the age of 
                18.
            (10) The United Nations estimates that unlawful sex 
        trafficking, including sex tourism, generates approximately 
        $5,000,000,000 a year in revenues. There are a number of United 
        States-based companies that overtly and explicitly facilitate 
        sex tours, often involving the sexual exploitation of children. 
        According to some estimates, up to \1/4\ of international sex 
        tourists are American.
            (11) Under the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7101 et seq.), the United States is committed to 
        ending the international trafficking of persons for slavery, 
        including sex slavery. The achievement of significant progress 
        in reducing unlawful sex trafficking within our own borders 
        will bolster United States efforts to eliminate international 
        trafficking of persons for slavery, including sex slavery, 
        around the world.
            (12) Stronger enforcement of laws prohibiting commercial 
        sex against traffickers, exploiters, and purchasers may 
        dramatically improve enforcement and reduce the victimization 
        of women and children used in unlawful sex trafficking.
            (13) Additional research and statistics at the national, 
        State, and local level will help us to understand more fully 
        the extent of unlawful commercial sex activities within the 
        United States, and the most effective strategies for combating 
        such unlawful activities.
    (b) Purposes.--The purposes of this Act are--
            (1) to support the development of more effective means of 
        combating unlawful commercial sex activities by targeting 
        demand;
            (2) to protect children from the predators and exploiters 
        who use them in commercial sex activities;
            (3) to clarify that the operation of sex tours is 
        prohibited under Federal law; and
            (4) to assist State and local governments in their 
        enforcement of existing laws dealing with commercial sex 
        activities.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Commercial sex act.--The term ``commercial sex act'' 
        means any sex act for which anything of value is directly or 
        indirectly given to, or received by, traffickers, exploiters, 
        or purchasers of sex acts.
            (2) Domestic trafficking.--The term ``domestic 
        trafficking'' means any unlawful commercial sex act performed 
        in the United States.
            (3) Exploiter of a commercial sex act.--The term 
        ``exploiter of a commercial sex act'' means any person who, for 
        financial gain, procures, sells, or purveys a victim of a 
        commercial sex act.
            (4) Purchaser of a commercial sex act.--The term 
        ``purchaser of a commercial sex act'' means any person who 
        solicits or purchases a commercial sex act from an exploiter or 
        victim of a commercial sex act.
            (5) Qualified non-governmental organization.--The term 
        ``qualified non-governmental organization'' means any 
        organization that the Attorney General, the Assistant Secretary 
        of Children and Families of the Department of Health and Human 
        Services, or the chief law enforcement officer of a State or 
        political subdivision of a State determines is engaged or plans 
        to engage in efforts to protect and rehabilitate victims of 
        commercial sex acts on a not for profit basis.
            (6) Trafficker of a commercial sex act.--The term 
        ``trafficker of a commercial sex act'' means any person who, 
        for financial gain, recruits, harbors, transports, provides, or 
        obtains a person for the purpose of causing the person to 
        become a victim of a commercial sex act.
            (7) Victim of a commercial sex act.--The term ``victim of a 
        commercial sex act'' means any person offered for use in a 
        commercial sex act.

SEC. 4. PROSECUTION OF PURCHASERS, TRAFFICKERS, AND EXPLOITERS OF 
              COMMERCIAL SEX ACTS.

    (a) Grants Authorized.--The Attorney General shall award grants to 
States and their political subdivisions to establish model law 
enforcement programs that promote the effective prosecution of 
purchasers, exploiters, and traffickers of commercial sex acts.
    (b) Use of Grant Funds.--Funds received from a grant awarded under 
subsection (a) may be used by the grantee, either directly or through 
subgrants to qualified non-governmental organizations, for--
            (1) prosecutions against purchasers of unlawful commercial 
        sex acts, through--
                    (A) educational programs instructing first-time 
                purchasers of unlawful commercial sex on the 
                devastation caused by such offenses;
                    (B) the publication of names and addresses of 
                repeat purchasers;
                    (C) the use of female decoys;
                    (D) statutory rape and felony assault prosecutions 
                against purchasers; and
                    (E) other programs designated by the Attorney 
                General to enhance the prosecution of purchasers and to 
                reduce the demand for unlawful commercial sex 
                activities;
            (2) prosecutions against traffickers and exploiters of 
        unlawful commercial sex acts, through--
                    (A) surveillance of places of business engaged in 
                unlawful commercial sex acts;
                    (B) rape and sexual assault prosecutions against 
                exploiters and traffickers;
                    (C) tax evasion prosecutions against exploiters and 
                traffickers; and
                    (D) the use of restitution provisions to supplement 
                public financing of shelters and social services for 
                victims of unlawful commercial sex acts and to 
                compensate victims of unlawful commercial sex acts; and
            (3) social service programs operated by nongovernmental 
        organizations with special expertise in assisting victims of 
        unlawful commercial sex activities, whose programs offer 
        protection, education, food, and shelter for victims of 
        unlawful commercial sex acts, provided that special 
        consideration shall be given to such programs that offer 
        assistance to victims who assist in the prosecution of 
        traffickers, exploiters, and purchaser-exploiters of unlawful 
        commercial sex activities.
    (c) Reports by Grantee.--
            (1) In general.--Not later than 90 days after the end of 
        the period for which a grant was made under this section, and 
        at such times as may be necessary to effectively facilitate the 
        reporting and dissemination requirements under section 6(a), 
        each grantee shall submit a report to the Attorney General.
            (2) Contents.--The report submitted under paragraph (1) 
        shall--
                    (A) identify and describe the activities carried 
                out with grant funds received under this section; and
                    (B) include an evaluation by the grantee of the 
                effect of those activities.
            (3) Dissemination.--The Attorney General shall ensure that 
        the report submitted under paragraph (1) is posted to the 
        Department of Justice website.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated, for each of the fiscal years 2005 through 2007--
            (1) $15,000,000 for grants to carry out the activities 
        described in subsection (b)(1);
            (2) $15,000,000 for grants to carry out the activities 
        described in subsection (b)(2); and
            (3) $15,000,000 for grants to carry out the activities 
        described in subsection (b)(3).

SEC. 5. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS, 
              PURCHASERS, AND EXPLOITERS OF COMMERCIAL SEX ACTS.

    Chapter 117 of title 18, United States Code, is amended--
            (1) in the table of sections, by amending the item relating 
        to section 2423 to read as follows:

        ``2423. Protection of minor victims of commercial sex acts.''.
            (2) in section 2421, by inserting ``, including a purchaser 
        of unlawful commercial sex acts'' after ``any individual'';
            (3) in section 2422(a), by inserting ``, including a 
        purchaser of unlawful commercial sex acts'' after ``any 
        individual''; and
            (4) in section 2423--
                    (A) by amending the header to read as follows:
``Sec. 2423. Protection of minor victims of commercial sex acts'';
                    (B) by redesignating subsection (f) as subsection 
                (h);
                    (C) by redesignating subsection (e) as subsection 
                (f);
                    (D) in subsection (f), as redesignated, by striking 
                ``or (d)'' and inserting ``(d), or (e)''; and
                    (E) by inserting after subsection (d) the 
                following:
    ``(e) Expanded Federal Jurisdiction.--Any person who, in or 
affecting interstate or foreign commerce--
            ``(1)(A) knowingly transports, recruits, or harbors a 
        person who has not attained the age of 18 years with the intent 
        that the person engage in prostitution, or in any sexual 
        activity for which any person can be charged with a criminal 
        offense;
            ``(B) travels for the purpose of engaging in any illicit 
        sexual conduct with another person;
            ``(C) engages in any illicit sexual conduct with another 
        person; or
            ``(D) arranges, induces, procures, or facilitates the 
        travel of a person for the purpose of commercial advantage or 
        private financial gain, knowing that the person is traveling 
        for the purpose of engaging in illicit sexual conduct; and
            ``(2) who knew that the person has crossed State or foreign 
        territorial boundaries from the place of the permanent 
        residence of such person within 1 year of the date of the 
        prohibited act,
shall be fined under this title, imprisoned not more than 30 years, or 
both.''.

SEC. 6. SPECIAL OPERATING GROUP PARTICIPATION.

    The Department of Justice, the Department of Labor, the Department 
of Health and Human Services, and any other Federal agency involved in 
combating unlawful domestic sex trafficking and providing services to 
victims of unlawful domestic sex trafficking shall coordinate their 
activities with the Senior Policy Operating Group to ensure that 
Federal programs directed at domestic trafficking are consistent with 
Federal enforcement of the Trafficking Victims Protection Act of 2000 
(Public Law 106-386).

SEC. 7. REPORTS.

    (a) Annual Report on Best Practices to Reduce Demand for Commercial 
Sex Acts.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Attorney 
        General shall submit a full and detailed report of the 
        implementation of this Act to the Committee on the Judiciary of 
        the Senate and the Committee on the Judiciary of the House of 
        Representatives.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) a detailed explanation of the standards by 
                which the Attorney General has--
                            (i) awarded grants to States and their 
                        political subdivisions under section 4; and
                            (ii) evaluated the success of grant awards 
                        in enhancing the prosecution and conviction of 
                        purchasers, traffickers, and exploiters of 
                        unlawful commercial sex acts, and in reducing 
                        demand for unlawful commercial sex activity; 
                        and
                    (B) a full and detailed report of the 
                implementation of the amendments under paragraphs (2) 
                and (3) of section 5, including numbers of arrests, 
                prosecutions, and convictions; and
                    (C) a full and detailed report of the 
                implementation of the amendment under section 5(4)(E), 
                including numbers of arrests, prosecutions, and 
                convictions.
            (3) Annual conferences.--
                    (A) In general.--The Attorney General, at each 
                annual conference conducted by the Department of 
                Justice, shall--
                            (i) announce and evaluate the findings 
                        contained in the report submitted under 
                        paragraph (1); and
                            (ii) disseminate best methods and practices 
                        for training State and local law enforcement 
                        personnel involved in enforcing laws 
                        prohibiting commercial sex acts.
                    (B) Participation.--Each annual conference under 
                this paragraph shall involve the full participation of 
                leading experts in the field, including--
                            (i) local police and prosecutorial 
                        officials;
                            (ii) appropriate State officials;
                            (iii) academic experts on unlawful 
                        commercial sex activity;
                            (iv) appropriate medical personnel; and
                            (v) qualified representatives of non-
                        governmental organizations.
    (b) Comprehensive Statistical Review on Unlawful Commercial Sex 
Acts.--
            (1) In general.--The Attorney General shall carry out a 
        biennial comprehensive statistical review and analysis of 
        unlawful commercial sex acts.
            (2) Contents.--The statistical review and analysis under 
        this subsection shall include--
                    (A) the number of persons used in unlawful 
                commercial sex acts;
                    (B) the number of traffickers, exploiters, and 
                purchasers of unlawful commercial sex acts;
                    (C) the ethnicity, age, and sex of victims of 
                unlawful commercial sex acts;
                    (D) the ethnicity and sex of traffickers, 
                purchasers, and exploiters of unlawful commercial sex 
                acts;
                    (E) the number of investigations, arrests, 
                prosecutions, and incarcerations of victims of unlawful 
                commercial sex acts by States and their political 
                subdivisions;
                    (F) the number of investigations, arrests, 
                prosecutions, and incarcerations of traffickers, 
                exploiters, or purchasers of unlawful commercial sex 
                acts; and
                    (G) the differences in the enforcement of laws 
                relating to unlawful commercial sex acts by similarly 
                situated jurisdictions.
            (3) Solicitation of views.--In conducting the statistical 
        review and analysis under this subsection, the Attorney General 
        shall solicit views from--
                    (A) Federal and State prosecutorial officials;
                    (B) Federal, State, county, and municipal law 
                enforcement officials;
                    (C) persons used in unlawful commercial sex acts;
                    (D) researchers; and
                    (E) other experts in the area of commercial sex 
                acts.
            (4) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General shall submit a 
        report containing the results of the statistical review and 
        analysis under this section to the Committee on the Judiciary 
        of the Senate and the Committee on the Judiciary of the House 
        of Representatives.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $1,000,000 for each of the fiscal years 2005 through 
        2007 to carry out subsection (a); and
            (2) $1,000,000 for each of the fiscal years 2005 and 2007 
        to carry out subsection (b).
                                 <all>