1.Short
title; table of contents
(a)This Act may be cited as the Domestic Trafficking Victims Protection Act of
2004
.
(b)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.
2.
(a)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)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.
3.In this Act, the following definitions shall
apply:
(1)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)The term
domestic trafficking means any unlawful commercial sex act
performed in the United States.
(3)Exploiter of a
commercial sex actThe 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 actThe 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 organizationThe 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 actThe 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 actThe term victim
of a commercial sex act means any person offered for use in a commercial
sex act.
4.Prosecution of
purchasers, traffickers, and exploiters of commercial sex acts
(a)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)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)
(1)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)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)The
Attorney General shall ensure that the report submitted under paragraph (1) is
posted to the Department of Justice website.
(d)Authorization
of appropriationsThere 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).
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:
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 jurisdictionAny 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..
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).
7.
(a)Annual report
on best practices to reduce demand for commercial sex acts
(1)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)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)
(A)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)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)The Attorney General shall carry out a biennial
comprehensive statistical review and analysis of unlawful commercial sex
acts.
(2)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)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)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
appropriationsThere 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).