Home > 106th Congressional Bills > S. 2917 (enr) To settle the land claims of the Pueblo of Santo Domingo. [Enrolled bill] ...S. 2917 (enr) To settle the land claims of the Pueblo of Santo Domingo. [Enrolled bill] ...
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
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |