II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Demand for Sex 

5 Trafficking Act of 2005’’. 
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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Commercial sexual activities have a dev5 astating impact on society. The sex trade has a de6 humanizing effect on all involved. 

7 (2) According to a 2004 publication by the Of8 fice to Monitor and Combat Trafficking in Persons 

9 of the State Department, prostitution and related 

10 activities, including pimping and patronizing or 

11 maintaining brothels, fuel the growth of modern-day 

12 slavery by providing a facade behind which sex traf13 fickers operate. Where prostitution is tolerated, 

14 there is a greater demand for trafficking victims and 

15 nearly always an increase in the number of women 

16 and children trafficked into commercial sexual activi17 ties. 

18 (3) The Trafficking in Persons National Secu19 rity Presidential Directive (February 25, 2003) 

20 states that prostitution and related activities, which 

21 are inherently harmful and dehumanizing, contribute 

22 to the phenomenon of trafficking in persons. In Sep23 tember 2003, President George W. Bush gave a 

24 speech at the United Nations in which he character25 ized the victimization of children in the sex trade as 

26 a ‘‘special evil’’. He specifically condemned the de-
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1 mand for victims by saying, ‘‘Those who patronize 

2 this industry debase themselves and deepen the mis3 ery of others’’. 

4 (4) An alarming number of individuals who are 

5 used for commercial sexual activities are socially and 

6 economically marginalized, and kept in effective 

7 bondage by threats or acts of physical and sexual 

8 abuse. Engaging in commercial sex acts, such as 

9 prostitution, renders them vulnerable to violence at 

10 the hands of pimps, purchasers, and other predators 

11 such as serial killers and rapists, as well as degrada12 tion resulting from commercial sexual activities. 

13 Women and children are at a disproportionately 

14 higher risk for exploitation. 

15 (5) Although current laws punish sex traf16 fickers, exploiters, and purchasers of commercial 

17 sexual activities, these laws are typically enforced 

18 disproportionately against women and children, in19 stead of against the sex traffickers, exploiters, and 

20 purchasers. 

21 (6) According to recent studies— 

22 (A) 11 females used in commercial sexual 

23 acts were arrested in Boston for every arrest of 

24 a male purchaser; 
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1 (B) 9 females used in commercial sexual 

2 acts were arrested in Chicago for every arrest 

3 of a male purchaser; and 

4 (C) 6 females used in commercial sexual 

5 acts were arrested in New York City for every 

6 arrest of a male purchaser. 

7 (7) Some studies reveal that commercial sex is 

8 a frequent gateway crime for women who later com9 mit more serious criminal offenses. Over 70 percent 

10 of female inmates in United States prisons were first 

11 arrested for engaging in commercial sexual acts. For 

12 every 3 women in jails in the United States today, 

13 1 was arrested for prostitution, and 7 of every 10 

14 women imprisoned on felony convictions were ini15 tially arrested for prostitution. 

16 (8) The emotional and physical ramifications of 

17 sex trafficking of children and women are stag18 gering, leading to an increased risk of— 

19 (A) sexual and physical assault; 

20 (B) violence; 

21 (C) suicide; 

22 (D) pregnancy; 

23 (E) abortion; 

24 (F) sexually transmitted diseases, includ25 ing AIDS; 
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1 (G) post-traumatic stress disorder; and 

2 (H) death. 

3 (9) Sex trafficking has a particularly dev4 astating and alarming impact upon children. Accord5 ing to some estimates, between 100,000 to 300,000 

6 children are victimized by sex trafficking at any 

7 given time. According to the CyberTipline of the Na8 tional Center for Missing and Exploited Children, 

9 reports of child sexual exploitation, including child 

10 pornography, child prostitution, online enticement of 

11 children, and child sex tourism, have increased 750 

12 percent over the past 5 years. 

13 (10) Runaway children are especially vulnerable 

14 to sex traffickers, who lure these children into dev15 astating lives as victims of commercial sexual acts 

16 with promises of food, clothing, and shelter. 

17 (11) According to the Office of Juvenile Justice 

18 and Delinquency Prevention in the Department of 

19 Justice, in 2002— 

20 (A) over 1,300,000 children were missing 

21 in the United States; 

22 (B) as many as 775,000 of these children 

23 are runaways; and 
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1 (C) 76 percent of runaway children who 

2 call the National Runaway Switchboard are 

3 girls under the age of 18. 

4 (12) The United Nations estimates that sex 

5 trafficking, including sex tourism, generates approxi6 mately $5,000,000,000 a year in revenues. There 

7 are a number of United States-based companies that 

8 overtly and explicitly facilitate sex tours, often in9 volving the sexual exploitation of children. According 

to some estimates, up to 1 10 ⁄4 of international sex 

11 tourists are American. 

12 (13) Under the Trafficking Victims Protection 

13 Act of 2000 (22 U.S.C. 7101 et seq.), the United 

14 States is committed to ending the international traf15 ficking of persons for slavery, including sex slavery. 

16 The achievement of significant progress in reducing 

17 sex trafficking within the United States will bolster 

18 United States efforts to eliminate international traf19 ficking in persons for slavery, including sex slavery, 

20 around the world. 

21 (14) Stronger enforcement of laws against sex 

22 traffickers, exploiters, and purchasers may dramati23 cally reduce demand for commercial sexual acts and 

24 related sex trafficking and reduce the exploitation of 

25 persons engaged in commercial sexual activities. 
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1 (15) More services are needed for victims of 

2 commercial sexual activities to ensure that they are 

3 treated with dignity and respect and are able to ac4 cess benefits and programs designed to help them 

5 escape the sex trade and regain their health and 

6 safety. 

7 (16) Additional research and statistics at the 

8 national, State, and local level will clarify the extent 

9 of commercial sexual activities within the United 

10 States, and the most effective strategies for com11 bating such unlawful activities. 

12 (b) PURPOSES.—The purposes of this Act are— 

13 (1) to support the development of more effective 

14 means of combating commercial sexual activities by 

15 targeting demand; 

16 (2) to protect children from the predators and 

17 exploiters who use them in commercial sexual activi18 ties; 

19 (3) to clarify that the operation of sex tours is 

20 prohibited under Federal law; and 

21 (4) to assist State and local governments in 

22 their enforcement of existing laws dealing with com23 mercial sexual activities. 

24 SEC. 3. DEFINITIONS. 

25 In this Act, the following definitions shall apply: 
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1 (1) COMMERCIAL SEX ACT.—The term ‘‘com2 mercial sex act’’ means any sex act on account of 

3 which anything of value is given to, or received by, 

4 any person. 

5 (2) EXPLOITER.—The term ‘‘exploiter’’ means 

6 any person who, for financial gain, procures, sells, or 

7 purveys a person for the purpose of engaging in an 

8 unlawful commercial sex act, including pimps, pan9 derers, procurers, and brothel operators. 

10 (3) PURCHASER.—The term ‘‘purchaser’’ 

11 means any person who solicits or purchases an un12 lawful commercial sex act. 

13 (4) QUALIFIED NON-GOVERNMENTAL ORGANI14 ZATION.—The term ‘‘qualified non-governmental or15 ganization’’ means any organization that the Attor16 ney General, the Assistant Secretary for Children 

17 and Families of the Department of Health and 

18 Human Services, or the chief law enforcement offi19 cer of a State or political subdivision of a State de20 termines is engaged or plans to engage in efforts to 

21 protect and rehabilitate persons engaged in commer22 cial sexual activities on a not-for-profit basis. 

23 (5) SEX TRAFFICKER.—The term ‘‘sex traf24 ficker’’ means any person who, for financial gain, re25 cruits, harbors, transports, provides, or obtains a 
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1 person for the purpose of using them for unlawful 

2 commercial sex acts. 

3 (6) VICTIM OF A COMMERCIAL SEX ACT.—The 

4 term ‘‘victim of a commercial sex act’’ means any 

5 person offered for use in a commercial sexual act. 

6 SEC. 4. PROSECUTION OF PURCHASERS, SEX TRAFFICKERS, 

7 AND EXPLOITERS. 

8 (a) GRANTS AUTHORIZED.—The Attorney General 

9 may award grants to States and their political subdivisions 

10 to establish model law enforcement programs that promote 

11 the effective prosecution of purchasers, exploiters, and sex 

12 traffickers and to assist victims of a commercial sex act. 

13 (b) USE OF GRANT FUNDS.—Funds received from a 

14 grant awarded under this Act may be used by the grantee, 

15 either directly or through subgrants to local law enforce16 ment entities or qualified non-governmental organizations, 

17 for the following purposes: 

18 (1) PURCHASERS.—The prosecution and deter19 rence of purchasers, through— 

20 (A) prosecutions of purchasers for statu21 tory rape, sexual assault, felony assault, and re22 lated offenses; 

23 (B) educational programs for first-time 

24 purchasers explaining the devastation caused by 

25 such offenses; 
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1 (C) the publication of names and addresses 

2 of individuals who have been convicted for re3 peated purchases, if reasonable procedures are 

4 established for the correction of names and ad5 dresses that are improperly published; 

6 (D) the use of decoys; and 

7 (E) other programs the Attorney General 

8 determines will enhance the prosecution of pur9 chasers and reduce the demand for unlawful 

10 commercial sexual activities. 

11 (2) SEX TRAFFICKERS AND EXPLOITERS.—The 

12 prosecution of sex traffickers and exploiters, 

13 through— 

14 (A) surveillance of places of business en15 gaged in commercial sexual activities; 

16 (B) prosecutions of exploiters and sex traf17 fickers for statutory rape, sexual assault, felony 

18 assault, and related offenses; 

19 (C) tax evasion prosecutions against ex20 ploiters and sex traffickers; and 

21 (D) proceedings under restitution laws to 

22 supplement public financing of shelters and so23 cial services and to compensate victims of do24 mestic sex trafficking. 
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1 (3) QUALIFIED NON-GOVERNMENTAL ORGANI2 ZATIONS.— 

3 (A) IN GENERAL.—To assist social service 

4 programs operated by qualified non-govern5 mental organizations with special expertise in 

6 assisting victims of commercial sexual activities 

7 and whose programs offer protection, education, 

8 food, and shelter for victims of commercial sex9 ual activities. 

10 (B) SPECIAL CONSIDERATION.—In award11 ing grants under this paragraph, the Attorney 

12 General shall give special consideration to pro13 grams operated by qualified non-governmental 

14 organizations that offer assistance to persons 

15 involved in the prosecution of sex traffickers, 

16 exploiters, and purchasers. 

17 (c) REPORTS BY GRANTEES.— 

18 (1) IN GENERAL.—Not later than 90 days after 

19 the end of the period for which a grant was made 

20 under this section, each grantee shall submit a re21 port to the Attorney General. 

22 (2) CONTENTS.—The report submitted under 

23 paragraph (1) shall— 
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1 (A) identify and describe the activities car2 ried out with grant funds received under this 

3 section; and 

4 (B) include an evaluation by the grantee of 

5 the effect of those activities. 

6 (3) SUPPLEMENTAL REPORTS.—The Attorney 

7 General may require additional reports at such times 

8 as may be necessary to effectively facilitate the re9 porting and dissemination requirements under sec10 tion 7(a). 

11 (4) DISSEMINATION.—The Attorney General 

12 shall ensure that each report submitted under this 

13 subsection is posted to the Department of Justice 

14 website. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated, for each of the fiscal 

17 years 2005 through 2007— 

18 (1) $15,000,000 for grants to carry out the ac19 tivities described in subsection (b)(1); 

20 (2) $15,000,000 for grants to carry out the ac21 tivities described in subsection (b)(2); and 

22 (3) $15,000,000 for grants to carry out the ac23 tivities described in subsection (b)(3). 
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1 SEC. 5. STRENGTHENING PROSECUTION AND PUNISHMENT 

2 OF SEX TRAFFICKERS AND PURCHASERS AND 

3 EXPLOITERS. 

4 (a) TRANSPORTATION.—Section 2421 of title 18, 

5 United States Code, is amended by inserting after ‘‘any 

6 individual’’ the following: ‘‘, including a purchaser of com7 mercial sexual activities as defined by section 2422,’’. 

8 (b) COERCION AND ENTICEMENT.—Section 2422 of 

9 title 18, United States Code, is amended— 

10 (1) in subsection (a), by inserting after ‘‘any in11 dividual’’ the following: ‘‘, including a purchaser of 

12 commercial sexual acts,’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(c) As used in sections 2421 and 2422, the term 

15 ‘purchaser of commercial sexual acts’ means any person 

16 who solicits or purchases an unlawful commercial sex act 

17 in exchange for anything of value given to or received by, 

18 or to be given to or received by, any person.’’. 

19 SEC. 6. SENIOR OPERATING GROUP PARTICIPATION. 

20 Federal agencies involved in combating sex traf21 ficking and providing services to victims of commercial sex 

22 acts inside the United States shall coordinate their activi23 ties with the Senior Policy Operating Group established 

24 by section 105 of the Victims of Trafficking and Violence 

25 Protection Act of 2000 (22 U.S.C. 7103), under the proce26 dures established by the Senior Policy Operating Group, 
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1 to ensure that Federal programs are consistent with Fed2 eral enforcement of the Trafficking Victims Protection Act 

3 of 2000 (22 U.S.C. 7101 et seq.). 

4 SEC. 7. REPORTS. 

5 (a) ANNUAL REPORT ON BEST PRACTICES TO RE6 DUCE DEMAND FOR COMMERCIAL SEX ACTS.— 

7 (1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of this Act, and annually 

9 thereafter, the Attorney General shall submit a full 

10 and detailed report of the implementation of this Act 

11 to the Committee on the Judiciary of the Senate and 

12 the Committee on the Judiciary of the House of 

13 Representatives. 

14 (2) CONTENTS.—The report submitted under 

15 paragraph (1) shall include— 

16 (A) a detailed explanation of the standards 

17 by which the Attorney General has— 

18 (i) awarded grants to States and their 

19 political subdivisions under section 4; and 

20 (ii) evaluated the success of grant 

21 awards in enhancing the prosecution and 

22 conviction of purchasers, sex traffickers, 

23 and exploiters, and in reducing demand for 

24 commercial sexual activity; and 
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1 (B) a detailed description of the implemen2 tation of the amendments under section 5, in3 cluding the number of arrests, prosecutions, 

4 and convictions. 

5 (3) ANNUAL CONFERENCES.— 

6 (A) IN GENERAL.—The Attorney General, 

7 at each annual conference conducted by the De8 partment of Justice, shall— 

9 (i) announce and evaluate the findings 

10 contained in the report submitted under 

11 paragraph (1); and 

12 (ii) disseminate best methods and 

13 practices for training State and local law 

14 enforcement personnel involved in enforc15 ing laws prohibiting commercial sexual 

16 acts. 

17 (B) PARTICIPATION.—Each annual con18 ference under this paragraph shall involve the 

19 full participation of leading experts in the field, 

20 including— 

21 (i) local law enforcement and prosecu22 torial officials; 

23 (ii) appropriate State officials; 

24 (iii) academic experts on commercial 

25 sexual activity; 
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1 (iv) appropriate medical personnel; 

2 and 

3 (v) representatives of qualified non4 governmental organizations. 

5 (b) COMPREHENSIVE STATISTICAL REVIEW OF COM6 MERCIAL SEXUAL ACTS.— 

7 (1) IN GENERAL.—The Attorney General shall 

8 carry out a biennial comprehensive statistical review 

9 and analysis of commercial sexual acts in the United 

10 States. 

11 (2) CONTENTS.—The statistical review and 

12 analysis under this subsection shall include— 

13 (A) the estimated number of persons used 

14 in commercial sexual acts; 

15 (B) the estimated number of sex traf16 fickers, exploiters, and purchasers; 

17 (C) the ethnicity, age, and sex of victims of 

18 commercial sexual acts; 

19 (D) the ethnicity and sex of sex traffickers, 

20 purchasers, and exploiters; 

21 (E) the number of investigations, arrests, 

22 prosecutions, and incarcerations of persons en23 gaged in unlawful commercial sexual activities 

24 by acts by States and their political subdivi25 sions; 
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1 (F) the number of investigations, arrests, 

2 prosecutions, and incarcerations of sex traf3 fickers, exploiters, or purchasers; and 

4 (G) the differences in the enforcement of 

5 laws relating to unlawful commercial sexual ac6 tivities by similarly situated jurisdictions. 

7 (3) SOLICITATION OF VIEWS.—In conducting 

8 the statistical review and analysis under this sub9 section, the Attorney General shall solicit views 

10 from— 

11 (A) Federal and State prosecutorial offi12 cials; 

13 (B) Federal, State, county, and municipal 

14 law enforcement officials; 

15 (C) persons used in commercial sexual ac16 tivities; 

17 (D) academic experts on commercial sexual 

18 activity; and 

19 (E) other experts in the area of commer20 cial sexual acts. 

21 (4) DEADLINES.—Not later than 1 year after 

22 the date of enactment of this Act, and every 2 years 

23 thereafter, the Attorney General shall submit a re24 port regarding the results of the statistical review 

25 and analysis under this section to the Committee on 
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1 the Judiciary of the Senate and the Committee on 

2 the Judiciary of the House of Representatives. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated— 

5 (1) $1,000,000 for each of the fiscal years 2005 

6 through 2007 to carry out subsection (a); and 

7 (2) $1,000,000 for each of the fiscal years 2005 

8 and 2007 to carry out subsection (b). 

Æ