[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 937 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 937

To combat commercial sexual 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 sexual activities, to reduce 
            trafficking in persons, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

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

_______________________________________________________________________

                                 A BILL


 
To combat commercial sexual 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 sexual activities, to reduce 
            trafficking in persons, 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.

    This Act may be cited as the ``End Demand for Sex Trafficking Act 
of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Commercial sexual activities have a devastating impact 
        on society. The sex trade has a dehumanizing effect on all 
        involved.
            (2) According to a 2004 publication by the Office to 
        Monitor and Combat Trafficking in Persons of the State 
        Department, prostitution and related activities, including 
        pimping and patronizing or maintaining brothels, fuel the 
        growth of modern-day slavery by providing a facade behind which 
        sex traffickers operate. Where prostitution is tolerated, there 
        is a greater demand for trafficking victims and nearly always 
        an increase in the number of women and children trafficked into 
        commercial sexual activities.
            (3) The Trafficking in Persons National Security 
        Presidential Directive (February 25, 2003) states that 
        prostitution and related activities, which are inherently 
        harmful and dehumanizing, contribute to the phenomenon of 
        trafficking in persons. In September 2003, President George W. 
        Bush gave a speech at the United Nations in which he 
        characterized the victimization of children in the sex trade as 
        a ``special evil''. He specifically condemned the demand for 
        victims by saying, ``Those who patronize this industry debase 
        themselves and deepen the misery of others''.
            (4) An alarming number of individuals who are used for 
        commercial sexual activities are socially and economically 
        marginalized, and kept in effective bondage by threats or acts 
        of physical and sexual abuse. Engaging in commercial sex acts, 
        such as prostitution, renders them vulnerable to violence at 
        the hands of pimps, purchasers, and other predators such as 
        serial killers and rapists, as well as degradation resulting 
        from commercial sexual activities. Women and children are at a 
        disproportionately higher risk for exploitation.
            (5) Although current laws punish sex traffickers, 
        exploiters, and purchasers of commercial sexual activities, 
        these laws are typically enforced disproportionately against 
        women and children, instead of against the sex traffickers, 
        exploiters, and purchasers.
            (6) According to recent studies--
                    (A) 11 females used in commercial sexual acts were 
                arrested in Boston for every arrest of a male 
                purchaser;
                    (B) 9 females used in commercial sexual acts were 
                arrested in Chicago for every arrest of a male 
                purchaser; and
                    (C) 6 females used in commercial sexual acts were 
                arrested in New York City for every arrest of a male 
                purchaser.
            (7) Some studies reveal that commercial sex is a frequent 
        gateway crime for women who later commit more serious criminal 
        offenses. Over 70 percent of female inmates in United States 
        prisons were first arrested for engaging in commercial sexual 
        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.
            (8) The emotional and physical ramifications of sex 
        trafficking of children and 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.
            (9) 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 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.
            (10) Runaway children are especially vulnerable to sex 
        traffickers, who lure these children into devastating lives as 
        victims of commercial sexual acts with promises of food, 
        clothing, and shelter.
            (11) 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.
            (12) The United Nations estimates that 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.
            (13) 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 sex trafficking within the United States will 
        bolster United States efforts to eliminate international 
        trafficking in persons for slavery, including sex slavery, 
        around the world.
            (14) Stronger enforcement of laws against sex traffickers, 
        exploiters, and purchasers may dramatically reduce demand for 
        commercial sexual acts and related sex trafficking and reduce 
        the exploitation of persons engaged in commercial sexual 
        activities.
            (15) More services are needed for victims of commercial 
        sexual activities to ensure that they are treated with dignity 
        and respect and are able to access benefits and programs 
        designed to help them escape the sex trade and regain their 
        health and safety.
            (16) Additional research and statistics at the national, 
        State, and local level will clarify the extent of commercial 
        sexual 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 commercial sexual activities by targeting demand;
            (2) to protect children from the predators and exploiters 
        who use them in commercial sexual 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 sexual 
        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 on account of which anything of value is 
        given to, or received by, any person.
            (2) Exploiter.--The term ``exploiter'' means any person 
        who, for financial gain, procures, sells, or purveys a person 
        for the purpose of engaging in an unlawful commercial sex act, 
        including pimps, panderers, procurers, and brothel operators.
            (3) Purchaser.--The term ``purchaser'' means any person who 
        solicits or purchases an unlawful commercial sex act.
            (4) Qualified non-governmental organization.--The term 
        ``qualified non-governmental organization'' means any 
        organization that the Attorney General, the Assistant Secretary 
        for 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 persons 
        engaged in commercial sexual activities on a not-for-profit 
        basis.
            (5) Sex trafficker.--The term ``sex trafficker'' means any 
        person who, for financial gain, recruits, harbors, transports, 
        provides, or obtains a person for the purpose of using them for 
        unlawful commercial sex acts.
            (6) Victim of a commercial sex act.--The term ``victim of a 
        commercial sex act'' means any person offered for use in a 
        commercial sexual act.

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

    (a) Grants Authorized.--The Attorney General may award grants to 
States and their political subdivisions to establish model law 
enforcement programs that promote the effective prosecution of 
purchasers, exploiters, and sex traffickers and to assist victims of a 
commercial sex act.
    (b) Use of Grant Funds.--Funds received from a grant awarded under 
this Act may be used by the grantee, either directly or through 
subgrants to local law enforcement entities or qualified non-
governmental organizations, for the following purposes:
            (1) Purchasers.--The prosecution and deterrence of 
        purchasers, through--
                    (A) prosecutions of purchasers for statutory rape, 
                sexual assault, felony assault, and related offenses;
                    (B) educational programs for first-time purchasers 
                explaining the devastation caused by such offenses;
                    (C) the publication of names and addresses of 
                individuals who have been convicted for repeated 
                purchases, if reasonable procedures are established for 
                the correction of names and addresses that are 
                improperly published;
                    (D) the use of decoys; and
                    (E) other programs the Attorney General determines 
                will enhance the prosecution of purchasers and reduce 
                the demand for unlawful commercial sexual activities.
            (2) Sex traffickers and exploiters.--The prosecution of sex 
        traffickers and exploiters, through--
                    (A) surveillance of places of business engaged in 
                commercial sexual activities;
                    (B) prosecutions of exploiters and sex traffickers 
                for statutory rape, sexual assault, felony assault, and 
                related offenses;
                    (C) tax evasion prosecutions against exploiters and 
                sex traffickers; and
                    (D) proceedings under restitution laws to 
                supplement public financing of shelters and social 
                services and to compensate victims of domestic sex 
                trafficking.
            (3) Qualified non-governmental organizations.--
                    (A) In general.--To assist social service programs 
                operated by qualified non-governmental organizations 
                with special expertise in assisting victims of 
                commercial sexual activities and whose programs offer 
                protection, education, food, and shelter for victims of 
                commercial sexual activities.
                    (B) Special consideration.--In awarding grants 
                under this paragraph, the Attorney General shall give 
                special consideration to programs operated by qualified 
                non-governmental organizations that offer assistance to 
                persons involved in the prosecution of sex traffickers, 
                exploiters, and purchasers.
    (c) Reports by Grantees.--
            (1) In general.--Not later than 90 days after the end of 
        the period for which a grant was made under this section, 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) Supplemental reports.--The Attorney General may require 
        additional reports at such times as may be necessary to 
        effectively facilitate the reporting and dissemination 
        requirements under section 7(a).
            (4) Dissemination.--The Attorney General shall ensure that 
        each report submitted under this subsection 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 SEX TRAFFICKERS AND 
              PURCHASERS AND EXPLOITERS.

    (a) Transportation.--Section 2421 of title 18, United States Code, 
is amended by inserting after ``any individual'' the following: ``, 
including a purchaser of commercial sexual activities as defined by 
section 2422,''.
    (b) Coercion and Enticement.--Section 2422 of title 18, United 
States Code, is amended--
            (1) in subsection (a), by inserting after ``any 
        individual'' the following: ``, including a purchaser of 
        commercial sexual acts,''; and
            (2) by adding at the end the following:
    ``(c) As used in sections 2421 and 2422, the term `purchaser of 
commercial sexual acts' means any person who solicits or purchases an 
unlawful commercial sex act in exchange for anything of value given to 
or received by, or to be given to or received by, any person.''.

SEC. 6. SENIOR OPERATING GROUP PARTICIPATION.

    Federal agencies involved in combating sex trafficking and 
providing services to victims of commercial sex acts inside the United 
States shall coordinate their activities with the Senior Policy 
Operating Group established by section 105 of the Victims of 
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103), under 
the procedures established by the Senior Policy Operating Group, to 
ensure that Federal programs are consistent with Federal enforcement of 
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
seq.).

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, sex traffickers, and exploiters, 
                        and in reducing demand for commercial sexual 
                        activity; and
                    (B) a detailed description of the implementation of 
                the amendments under section 5, including the number 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 sexual acts.
                    (B) Participation.--Each annual conference under 
                this paragraph shall involve the full participation of 
                leading experts in the field, including--
                            (i) local law enforcement and prosecutorial 
                        officials;
                            (ii) appropriate State officials;
                            (iii) academic experts on commercial sexual 
                        activity;
                            (iv) appropriate medical personnel; and
                            (v) representatives of qualified non-
                        governmental organizations.
    (b) Comprehensive Statistical Review of Commercial Sexual Acts.--
            (1) In general.--The Attorney General shall carry out a 
        biennial comprehensive statistical review and analysis of 
        commercial sexual acts in the United States.
            (2) Contents.--The statistical review and analysis under 
        this subsection shall include--
                    (A) the estimated number of persons used in 
                commercial sexual acts;
                    (B) the estimated number of sex traffickers, 
                exploiters, and purchasers;
                    (C) the ethnicity, age, and sex of victims of 
                commercial sexual acts;
                    (D) the ethnicity and sex of sex traffickers, 
                purchasers, and exploiters;
                    (E) the number of investigations, arrests, 
                prosecutions, and incarcerations of persons engaged in 
                unlawful commercial sexual activities by acts by States 
                and their political subdivisions;
                    (F) the number of investigations, arrests, 
                prosecutions, and incarcerations of sex traffickers, 
                exploiters, or purchasers; and
                    (G) the differences in the enforcement of laws 
                relating to unlawful commercial sexual activities 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 commercial sexual activities;
                    (D) academic experts on commercial sexual activity; 
                and
                    (E) other experts in the area of commercial sexual 
                acts.
            (4) Deadlines.--Not later than 1 year after the date of 
        enactment of this Act, and every 2 years thereafter, the 
        Attorney General shall submit a report regarding 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>