End Demand for Sex Trafficking Act of 2005 - Authorizes the Attorney General to award grants to states and political subdivisions to: (1) establish model law enforcement programs that promote the effective prosecution of persons who solicit an unlawful commercial sex act, persons who purvey others to engage in such an act, and sex traffickers; and (2) assist victims of such an act.
Amends the federal criminal code to modify prohibitions against transportation for illegal sexual activity and related crimes (generally) and for coercion and enticement to engage in prostitution or criminal sexual activity to explicitly cover purchasers of commercial sexual activities and acts.
Directs federal agencies involved in combating sex trafficking and providing services to victims of commercial sex acts inside the United States to coordinate their activities with the Senior Policy Operating Group established by the Victims of Trafficking and Violence Protection Act of 2000.
Directs the Attorney General to: (1) report annually to the Senate and House Judiciary Committees regarding grants and evaluating success in enhancing the prosecution and conviction of purchasers, sex traffickers, and exploiters and in reducing demand for commercial sexual activity; (2) disseminate best methods and practices for training state and local law enforcement personnel involved in enforcing laws prohibiting commercial sexual acts at each annual conference conducted by the Department of Justice; and (3) carry out a biennial comprehensive statistical review and analysis of commercial sexual acts in the United States.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2012 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2012
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 HOUSE OF REPRESENTATIVES
April 28, 2005
Ms. Pryce of Ohio (for herself, Mrs. Maloney, Mr. Scott of Virginia,
Ms. Granger, Ms. Harris, and Mrs. Drake) introduced the following bill;
which was 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, provided that reasonable procedures are
established for correction of names and addresses that
are improperly published repeat purchasers;
(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>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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