End Demand for Sex Trafficking Act
Talking Points Against End Demand Act
Initiatives to “end demand” for prostitution harm women and undermine good programs. The Bush Administration has been aggressive in pushing the idea of “ending demand for prostitution” saying that this can help women and promote rights. In December 2005 new provisions about “ending demand for commercial sexual services” were incorporated into the Re-authorization Act the Trafficking Victims Protection Act (TVPA). In reality these programs do not stop men from seeking sexual services, but rather harm women and allow conservatives to channel hard won social service funding into policing efforts.
What are “end demand” programs?
Typically when people speak about “ending demand” they are referring to a range of efforts, such as diversion programs in the court system and increased policing of men, often accompanied by the imposition of new laws. “John’s Schools” (re-education sessions for men arrested for seeking sexual services) and public shaming campaigns (naming people caught for solicitation on bill boards or on websites) are thought to deter men who might consider purchasing sexual services and thus “end demand.” These programs are often developed in tandem with heightened policing of poor neighborhoods in order to enforce anti-prostitution laws.
These policies may be mistakenly construed as “progressive” because they imply that they reduce policing of sex workers and address the problem of male demand for prostitution. Police may claim that they arrest fewer women because they are focusing on male clients of sex workers. New legislation based on an approach developed by Swedish legislators is said to “punish or re-educate” men while “helping women.” Sex workers are supposedly provided health care and training in other forms of work with the funds obtained from arresting men (i.e. from fines).
Do these programs work? The facts say “no.”
Police and organizations that participate in end demand style programming are adamant that they reduce prostitution without harm to sex workers, deterring men from purchasing sexual services and helping women who are sex workers. Evaluations of end demand style programs reveal a very different picture:
Prostitution in general is not reduced by “Swedish style legislation” and sex workers are made more vulnerable to violence. An evaluation of Sweden’s legal experiment concluded that it did not greatly reduce the number of women engaging in street sex work: figures from Stockholm show that the total number of women on the street has remained stable from 1999-2003. Significantly, the report found that during this period street sex workers became more fearful of violence, were pressured to reduce prices and were pressured to engage in unprotected sex.
Highly touted end demand style programs, such “Johns’ Schools,” have little or no deterrent effect. One study found that before and after participating in the program, 1 in 10 men said that they would likely seek commercial sex services again. This rate is 4 times higher than the officially reported recidivism rate of 2.4%. Significantly, these programs end up targeting and arresting clients who are low-income people of color and immigrants. These men plead guilty even though many of them may not have been doing anything wrong at the time of arrest and would have been found not guilty had they gone to court.
End demand programs rely on fear tactics that endanger women’s safety. Researchers observing Johns Schools in action found that presenters cautioned participants that “drug addicted prostitutes… have stabbed their clients with AIDS infected needles” as a way of “scaring men straight.” Consequently program participants were less sympathetic towards women who are sex workers after they had completed the program. These stigmatizing attitudes can fuel violence towards sex workers.
End demand programs that are financed by fines from arresting men lead to corruption and conflicts of interest between the police and NGO service providers providing the programs. Service providers who rely on funds obtained by arresting people have found that the funds are insufficient or are used by the city for other purposes. Researchers have found that overly close relationships between policing and funding undermine service providers’ accountability to communities served. In one case, numerous police joined the board of directors of an NGO overseeing a Johns School program. Eventually a police representative became Chair of the board. The researchers noted that “[s]ince the social service organization’s financial welfare depends… on the number and volume of prostitution offenders diverted to the ‘John School’ programme, and given that this volume largely depends on the level of prostitution enforcement …. considerable conflicts of interest can arise.”
What can you do to help sex workers in your area?
We are a coalition of service providers and advocacy groups who are concerned that “end demand” style programming is undermining service provision for women in need. We are also concerned that all people engaging in commercial sex (men, women and trans-people) are provided with real social support. If you are concerned about these issues we ask that you join us by contacting representatives of the following organizations in our coalition:
Stacey
Swimme, Director of the Desiree Alliance
staceyswimme [at] yahoo [dot] com
and more
information at www.differentavenues.org.
Robyn
Few, Director of Sex Workers Outreach Project
swopusa [at] yahoo [dot] com/">swopusa [at] yahoo [dot] com
and more
information at www.swop-usa.org
Penny
Saunders of Best Practices Policy
Project
penny [at] bestpracticespolicy [dot] org
with more information at www.bestpracticespolicy.org
Join us and demand real services and support for women in prostitution such as well supported HIV prevention programs, housing, legal advocacy and police sensitivity training so sex workers can report crimes committed against them. We want real justice for sex workers and programs that work.
Comments on End Demand Bill
Global
Rights
International Organization for Adolescents
Lawyers Committee for Civil Rights
The Door
Urban Justice Center
Text of
End Demand for Sex Trafficking
Act of 2005
An Act
To authorize appropriations for fiscal years 2006 and 2007 for the
Trafficking Victims Protection Act of 2000, 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 `Trafficking Victims Protection Reauthorization Act of 2005'.
(b) Table of
Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
Sec.
101. Prevention of trafficking in conjunction with post-conflict and
humanitarian emergency assistance.
Sec. 102. Protection of victims of trafficking in persons.
Sec.
103. Enhancing prosecutions of trafficking in persons offenses.
Sec.
104. Enhancing United States efforts to combat trafficking in persons.
Sec.
105. Additional activities to monitor and combat forced labor and child
labor.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
Sec. 201. Prevention of domestic trafficking in persons.
Sec.
202. Establishment of grant program to develop, expand, and strengthen
assistance programs for certain persons subject to trafficking.
Sec.
203. Protection of juvenile victims of trafficking in persons.
Sec.
204. Enhancing State and local efforts to combat trafficking in persons.
Sec. 205. Report to Congress.
Sec. 206. Senior Policy Operating Group.
Sec. 207. Definitions.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Authorizations of appropriations.
SEC. 2. FINDINGS.
Congress finds the
following:
(1)
The United States has demonstrated international leadership in
combating human trafficking and slavery through the enactment of the
Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2003 (Public Law 108-193).
(2)
The United States Government currently estimates that 600,000 to
800,000 individuals are trafficked across international borders each
year and exploited through forced
labor and commercial sex exploitation. An estimated 80 percent of such
individuals are women and girls.
(3)
Since the enactment of the Trafficking Victims Protection Act of 2000,
United States efforts to combat trafficking in persons have focused
primarily on the international
trafficking in persons, including the trafficking of foreign citizens
into the United States.
(4)
Trafficking in persons also occurs within the borders of a country,
including the United States.
(5)
No known studies exist that quantify the problem of trafficking in
children for the purpose of commercial sexual exploitation in the
United States. According to a
report issued by researchers at the University of Pennsylvania in 2001,
as many as 300,000 children in the United States
are at risk for commercial sexual exploitation, including trafficking,
at any given time.
(6)
Runaway and homeless children in the United States are highly
susceptible to being domestically trafficked for commercial sexual
exploitation. According to the
National Runaway Switchboard, every day in the United States, between
1,300,000 and 2,800,000 runaway and homeless youth live
on the streets. One out of every seven children will run away from home
before the age of 18.
(7)
Following armed conflicts and during humanitarian emergencies,
indigenous populations face increased security challenges and
vulnerabilities which result in myriad forms of
violence, including trafficking for sexual and labor exploitation.
Foreign policy and foreign aid professionals
increasingly recognize the increased activity of human traffickers in
post-conflict settings and during humanitarian
emergencies.
(8)
There is a need to protect populations in post-conflict settings and
humanitarian emergencies from being trafficked for sexual or labor
exploitation. The efforts of aid
agencies to address the protection needs of, among others, internally
displaced persons and refugees are useful in
this regard. Nonetheless, there is a need for further integrated
programs and strategies at the United States Agency
for International Development, the Department of State, and the
Department of Defense to combat human trafficking,
including through protection and prevention methodologies, in
post-conflict environments and during humanitarian
emergencies.
(9)
International and human rights organizations have documented a
correlation between international deployments of military and civilian
peacekeepers and aid workers and a
resulting increase in the number of women and girls trafficked into
prostitution in post-conflict regions.
(10)
The involvement of employees and contractors of the United States
Government and members of the Armed Forces in trafficking in persons,
facilitating the trafficking in
persons, or exploiting the victims of trafficking in persons is
inconsistent with United States laws and policies and
undermines the credibility and mission of United States Government
programs in post-conflict regions.
(11)
Further measures are needed to ensure that United States Government
personnel and contractors are held accountable for involvement with
acts of trafficking in persons,
including by expanding United States criminal jurisdiction to all
United States Government contractors abroad.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT
AND HUMANITARIAN EMERGENCY ASSISTANCE.
(a) Amendment-
Section 106 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is amended
by adding at the end the following new subsection:
`(h) Prevention of
Trafficking in
Conjunction With Post-Conflict and Humanitarian Emergency Assistance-
The United States Agency for International Development, the Department
of
State, and the Department of Defense shall incorporate anti-trafficking
and protection measures for vulnerable
populations, particularly women and children, into their post-conflict
and humanitarian emergency assistance and program
activities.'.
(b) Study and Report-
(1) STUDY-
(A) IN GENERAL- The Secretary of State and the Administrator of the
United States Agency for International Development, in consultation
with the Secretary of
Defense, shall conduct a study regarding the threat and practice of
trafficking in persons generated by post-conflict and
humanitarian emergencies in foreign countries.
(B) FACTORS- In carrying out the study, the Secretary of State and the
Administrator of the United States Agency for International Development
shall examine--
(i) the vulnerabilities to human trafficking of commonly affected
populations, particularly women and children, generated by
post-conflict and humanitarian
emergencies;
(ii) the various forms of trafficking in persons, both internal and
trans-border, including both sexual and labor exploitation;
(iii) a collection of best practices implemented to date to combat
human trafficking in such areas; and
(iv) proposed recommendations to better combat trafficking in persons
in conjunction with post-conflict reconstruction and humanitarian
emergencies assistance.
(2)
REPORT- Not later than 180 days after the date of the enactment of this
Act, the Secretary of State and the Administrator of the United States
Agency for International
Development, with the concurrence of the Secretary of Defense, shall
transmit to the Committee on International Relations
and the Committee on Armed Services of the House of Representatives and
the Committee on Foreign Relations and the
Committee on Armed Services of the Senate a report that contains the
results of the study conducted pursuant to
paragraph (1).
SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.
(a) Access to
Information- Section
107(c)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(c)(2)) is amended by adding at the end the following new sentence:
`To the extent practicable, victims of severe forms of trafficking
shall have access to information about federally
funded or administered anti-trafficking programs that provide services
to victims of severe forms of trafficking.'.
(b) Establishment of
Pilot Program for
Residential Rehabilitative Facilities for Victims of Trafficking-
(1) STUDY-
(A) IN GENERAL- Not later than 180 days after the date of the enactment
of this Act, the Administrator of the United States Agency for
International Development
shall carry out a study to identify best practices for the
rehabilitation of victims of trafficking in group
residential facilities in foreign countries.
(B) FACTORS- In carrying out the study under subparagraph (A), the
Administrator shall--
(i) investigate factors relating to the rehabilitation of victims of
trafficking in group
residential facilities, such as the appropriate size of such
facilities, services to be provided, length of stay, and cost; and
(ii) give consideration to ensure the safety and security of victims of
trafficking, provide alternative sources of income for such victims,
assess and provide for
the educational needs of such victims, including literacy, and assess
the psychological needs of such victims
and provide professional counseling, as appropriate.
(2)
PILOT PROGRAM- Upon completion of the study carried out pursuant to
paragraph (1), the Administrator of the United States Agency for
International Development shall
establish and carry out a pilot program to establish residential
treatment facilities in foreign countries for victims of
trafficking based upon the best practices identified in the study.
(3)
PURPOSES- The purposes of the pilot program established pursuant to
paragraph (2) are to--
(A) provide benefits and services to victims of trafficking, including
shelter, psychological counseling, and assistance in developing
independent living skills;
(B) assess the benefits of providing residential treatment facilities
for victims of trafficking, as well as the most efficient and
cost-effective means of providing such
facilities; and
(C) assess the need for and feasibility of establishing additional
residential treatment facilities for victims of trafficking.
(4)
SELECTION OF SITES- The Administrator of the United States Agency for
International Development shall select 2 sites at which to operate the
pilot program established
pursuant to paragraph (2).
(5)
FORM OF ASSISTANCE- In order to carry out the responsibilities of this
subsection, the Administrator of the United States Agency for
International Development shall enter
into contracts with, or make grants to, organizations with relevant
expertise in the delivery of services to
victims of trafficking.
(6)
REPORT- Not later than one year after the date on which the first pilot
program is established pursuant to paragraph (2), the Administrator of
the United States
Agency for International Development shall submit to the Committee on
International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on the implementation of this subsection.
(7)
AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Administrator of the United States Agency for
International Development to carry out this
subsection $2,500,000 for each of the fiscal years 2006 and 2007.
SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.
(a) Extraterritorial
Jurisdiction Over Certain Trafficking in Persons Offenses-
(1)
IN GENERAL- Part II of title 18, United States Code, is amended by
inserting after chapter 212 the following new chapter:
`CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING
IN PERSONS OFFENSES
`Sec.
`3271. Trafficking in persons offenses committed by persons employed by
or accompanying the Federal Government outside the United States.
`3272. Definitions.
`Sec. 3271. Trafficking in persons offenses committed by persons
employed by or accompanying the Federal Government outside the United
States
`(a) Whoever, while
employed by or
accompanying the Federal Government outside the United States, engages
in conduct outside the United States that would constitute an offense
under chapter 77 or 117 of this title if the conduct had been engaged
in within the United States or within the
special maritime and territorial jurisdiction of the United States
shall be punished as provided for that offense.
`(b) No prosecution
may be commenced
against a person under this section if a foreign government, in
accordance with jurisdiction recognized by the United States, has
prosecuted or is
prosecuting such person for the conduct constituting such offense,
except upon the approval of the Attorney
General or the Deputy Attorney General (or a person acting in either
such capacity), which function of approval may
not be delegated.
`Sec. 3272. Definitions
`As used in this
chapter:
`(1)
The term `employed by the Federal Government outside the United States'
means--
`(A) employed as a civilian employee of the Federal Government, as a
Federal contractor (including a subcontractor at any tier), or as an
employee of a Federal contractor
(including a subcontractor at any tier);
`(B) present or residing outside the United States in connection with
such employment; and
`(C) not a national of or ordinarily resident in the host nation.
`(2)
The term `accompanying the Federal Government outside the United
States' means--
`(A) a dependant of--
`(i) a civilian employee of the Federal Government; or
`(ii) a Federal contractor (including a subcontractor at any tier) or
an employee of a Federal contractor (including a subcontractor at any
tier);
`(B) residing with such civilian employee, contractor, or contractor
employee outside the United States; and
`(C) not a national of or ordinarily resident in the host nation.'.
(2)
CLERICAL AMENDMENT- The table of chapters at the beginning of such part
is amended by inserting after the item relating to chapter 212 the
following new item:
--3271'.
(b) Laundering of
Monetary Instruments-
Section 1956(c)(7)(B) of title 18, United States Code, is amended--
(1) in clause (v), by striking `or' at the end;
(2) in clause (vi), by adding `or' at the end; and
(3) by adding at the end the following new clause:
`(vii) trafficking in persons, selling or buying of children, sexual
exploitation of children, or transporting, recruiting or harboring a
person, including a child,
for commercial sex acts;'.
(c) Definition of
Racketeering Activity-
Section 1961(1)(B) of title 18, United States Code, is amended by
striking `1581-1591' and inserting `1581-1592'.
(d) Civil and
Criminal Forfeitures-
(1)
IN GENERAL- Chapter 117 of title 18, United States Code, is amended by
adding at the end the following
new section:
`Sec. 2428. Forfeitures
`(a) In General- The
court, in imposing
sentence on any person convicted of a violation of this chapter, shall
order, in addition to any other sentence imposed and irrespective of
any provision of State law, that such person shall forfeit to the
United States--
`(1)
such person's interest in any property, real or personal, that was used
or intended to be used to commit or to facilitate the commission of
such violation; and
`(2)
any property, real or personal, constituting or derived from any
proceeds that such person obtained, directly or indirectly, as a result
of such violation.
`(b) Property
Subject to Forfeiture-
`(1)
IN GENERAL- The following shall be subject to forfeiture to the United
States and no property right shall exist in them:
`(A) Any property, real or personal, used or intended to be used to
commit or to facilitate the commission of any violation of this chapter.
`(B) Any property, real or personal, that constitutes or is derived
from proceeds traceable to any violation of this chapter.
`(2)
APPLICABILITY OF CHAPTER 46- The provisions of chapter 46 of this title
relating to civil forfeitures shall apply to any seizure or civil
forfeiture under this subsection.'.
(2)
CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`2428. Forfeitures.'.
SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Appointment to
Interagency Task
Force to Monitor and Combat Trafficking- Section 105(b) of the
Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103(b)) is amended--
(1)
by striking `the Director of Central Intelligence' and inserting `the
Director of National Intelligence'; and
(2)
by inserting `, the Secretary of Defense, the Secretary of Homeland
Security' after `the Director of National Intelligence' (as added by
paragraph (1)).
(b) Minimum
Standards for the Elimination of Trafficking-
(1)
AMENDMENTS- Section 108(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7106(b)) is amended--(A) in paragraph (3), by adding at
the end before the period the
following: `, measures to reduce the demand for commercial sex acts and
for participation in
international sex tourism by nationals of the country, measures to
ensure that its nationals who are deployed abroad as part
of a peacekeeping or other similar mission do not engage in or
facilitate severe forms of trafficking in persons or
exploit victims of such trafficking, and measures to prevent the use of
forced labor or child labor in violation
of international standards'; and(B) in the first sentence of paragraph
(7), by striking `persons,' and
inserting `persons, including nationals of the country who are deployed
abroad as part of a
peacekeeping or other similar mission who engage in or facilitate
severe forms of trafficking in persons or exploit victims of
such trafficking,'.
(2)
EFFECTIVE DATE- The amendments made by subparagraphs (A) and (B) of
paragraph (1) take effect beginning two years after the date of the
enactment of this Act.
(c) Research-
(1)
AMENDMENTS- Section 112A of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7109a) is amended--
(A) in the first sentence of the matter preceding paragraph (1)--
(i) by striking `The President' and inserting `(a) In General- The
President'; and
(ii) by striking `the Director of Central Intelligence' and inserting
`the Director of
National Intelligence';
(B) in paragraph (3), by adding at the end before the period the
following: `, particularly HIV/AIDS';
(C) by adding at the end the following new paragraphs:
`(4)
Subject to subsection (b), the interrelationship between trafficking in
persons and terrorism, including the use of profits from trafficking in
persons to finance
terrorism.
`(5)
An effective mechanism for quantifying the number of victims of
trafficking on a national, regional, and international basis.
`(6)
The abduction and enslavement of children for use as soldiers,
including steps taken to eliminate the abduction and enslavement of
children for use as soldiers and
recommendations for such further steps as may be necessary to rapidly
end the abduction and enslavement of children for
use as soldiers.'; and
(D) by further adding at the end the following new subsections:
`(b) Role of Human
Smuggling and
Trafficking Center- The research initiatives described in subsection
(a)(4) shall be carried out by the Human Smuggling and Trafficking
Center
(established pursuant to section 7202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law
108-458)).
`(c) Definitions- In
this section:
`(1)
AIDS- The term `AIDS' means the acquired immune deficiency syndrome.
`(2)
HIV- The term `HIV' means the human immunodeficiency virus, the
pathogen that causes AIDS.
`(3)
HIV/AIDS- The term `HIV/AIDS' means, with respect to an individual, an
individual who is infected with HIV or living with AIDS.'.
(2) REPORT-
(A) IN GENERAL- Not later than one year after the date of the enactment
of this Act, the Human Smuggling and Trafficking Center (established
pursuant to section 7202
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458)) shall submit to the
appropriate congressional committees a report on the results of the
research initiatives carried out pursuant to section
112A(4) of the Trafficking Victims Protection Act of 2000 (as added by
paragraph (1)(C) of this subsection).
(B) DEFINITION- In this paragraph, the term `appropriate congressional
committees' means--
(i) the Committee on International Relations and the Committee on the
Judiciary of the House of Representatives; and
(ii) the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate.
(d) Foreign Service
Officer Training-
Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a))
is amended--
(1)
in the matter preceding paragraph (1), by inserting `, the Director of
the Office to Monitor and Combat Trafficking,' after `the International
Religious Freedom Act of
1998';
(2) in paragraph (1), by striking `and' at the end;
(3)
in paragraph (2), by striking the period at the end and inserting `;
and'; and
(4) by adding at the end the following:
`(3)
instruction on international documents and United States policy on
trafficking in persons, including provisions of the Trafficking Victims
Protection Act of 2000 (division
A of Public Law 106-386; 22 U.S.C. 7101 et seq.) which may affect the
United States bilateral relationships.'.
(e) Prevention of
Trafficking by Peacekeepers-
(1)
INCLUSION IN TRAFFICKING IN PERSONS REPORT- Section 110(b)(1) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is
amended--
(A) in subparagraph (B), by striking `and' at the end;
(B) in subparagraph (C), by striking the period at the end and
inserting `; and'; and
(C) by adding at the end the following new subparagraph:
`(D) information on the measures taken by the United Nations, the
Organization for Security and Cooperation in Europe, the North Atlantic
Treaty Organization and, as
appropriate, other multilateral organizations in which the United
States participates, to prevent the involvement of the
organization's employees, contractor personnel, and peacekeeping forces
in trafficking in persons or the
exploitation of victims of trafficking.'.
(2)
REPORT BY SECRETARY OF STATE- At least 15 days prior to voting for a
new or reauthorized peacekeeping mission under the auspices of the
United Nations, the North Atlantic
Treaty Organization, or any other multilateral organization in which
the United States participates (or in an
emergency, as far in advance as is practicable), the Secretary of State
shall submit to the Committee on International
Relations of the House of Representatives, the Committee on Foreign
Relations of the Senate, and any other appropriate
congressional committee a report that contains--
(A) a description of measures taken by the organization to prevent the
organization's employees, contractor personnel, and peacekeeping forces
serving in the
peacekeeping mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of sexual
exploitation or abuse, and the measures in place to hold accountable
any such individuals who engage in any such acts while
participating in the peacekeeping mission; and(B) an analysis of the
effectiveness of each of the measures referred
to in subparagraph (A).
SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND
CHILD LABOR.
(a) Activities of
the Department of State-
(1)
FINDING- Congress finds that in the report submitted to Congress by the
Secretary of State in June 2005 pursuant to section 110(b) of the
Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107(b)), the list of countries whose
governments do not comply with the minimum standards
for the elimination of trafficking and are not making significant
efforts to bring themselves into compliance was
composed of a large number of countries in which the trafficking
involved forced labor, including the trafficking of
women into domestic servitude.
(2)
SENSE OF CONGRESS- It is the sense of Congress that the Director of the
Office to Monitor and Combat Trafficking of the Department of State
should intensify the focus of
the Office on forced labor in the countries described in paragraph (1)
and other countries in which forced labor
continues to be a serious human rights concern.
(b) Activities of
the Department of Labor-
(1)
IN GENERAL- The Secretary of Labor, acting through the head of the
Bureau of International Labor Affairs of the Department of Labor, shall
carry out additional
activities to monitor and combat forced labor and child labor in
foreign countries as described in paragraph (2).
(2)
ADDITIONAL ACTIVITIES DESCRIBED- The additional activities referred to
in paragraph (1) are--
(A) to monitor the use of forced labor and child labor in violation of
international standards;
(B) to provide information regarding trafficking in persons for the
purpose of forced labor to the Office to Monitor and Combat Trafficking
of the Department of State for
inclusion in trafficking in persons report required by section 110(b)
of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b));
(C) to develop and make available to the public a list of goods from
countries that the Bureau of International Labor Affairs has reason to
believe are produced by
forced labor or child labor in violation of international standards;
(D) to work with persons who are involved in the production of goods on
the list described in subparagraph (C) to create a standard set of
practices that will reduce
the likelihood that such persons will produce goods using the labor
described in such subparagraph; and
(E) to consult with other departments and agencies of the United States
Government to reduce forced and child labor internationally and ensure
that products made by forced
labor and child labor in violation of international standards are not
imported into the United States.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.
(a) Program to
Reduce Trafficking in
Persons and Demand for Commercial Sex Acts in the United States-
(1)
COMPREHENSIVE RESEARCH AND STATISTICAL REVIEW AND ANALYSIS OF INCIDENTS
OF TRAFFICKING IN PERSONS AND
COMMERCIAL SEX ACTS-
(A) IN GENERAL- The Attorney General shall use available data from
State and local authorities as well as research data to carry out a
biennial comprehensive research
and statistical review and analysis of severe forms of trafficking in
persons, and a biennial comprehensive research
and statistical review and analysis of sex trafficking and unlawful
commercial sex acts in the United States, and
shall submit to Congress separate biennial reports on the findings.
(B) CONTENTS- The research and statistical review and analysis under
this paragraph shall consist of two separate studies, utilizing the
same statistical data where
appropriate, as follows:
(i) The first study shall address severe forms of trafficking in
persons in the United States and shall include, but need not be limited
to--
(I) the estimated number and demographic characteristics of persons
engaged in acts of severe forms of trafficking in persons; and
(II) the number of investigations, arrests, prosecutions, and
incarcerations of persons engaged in acts of severe forms of
trafficking in persons by States and
their political subdivisions.
(ii) The second study shall address sex trafficking and unlawful
commercial sex acts in the United States and shall include, but need
not be limited to--
(I) the estimated number and demographic characteristics of persons
engaged in sex trafficking and commercial sex acts, including
purchasers of commercial
sex acts;
(II) the estimated value in dollars of the commercial sex economy,
including the estimated average annual personal income derived from
acts of sex
trafficking;
(III) the number of investigations, arrests, prosecutions, and
incarcerations of persons engaged in sex trafficking and unlawful
commercial sex acts, including
purchasers of commercial sex acts, by States and their political
subdivisions; and
(IV) a description of the differences in the enforcement of laws
relating to unlawful commercial sex acts across the United States.
(2) TRAFFICKING CONFERENCE-
(A) IN GENERAL- The Attorney General, in consultation and cooperation
with the Secretary of Health and Human Services, shall conduct an
annual conference in each of the
fiscal years 2006, 2007, and 2008, and thereafter conduct a biennial
conference, addressing severe forms of
trafficking in persons and commercial sex acts that occur, in whole or
in part, within the territorial jurisdiction of
the United States. At each such conference, the Attorney General, or
his designee, shall--
(i) announce and evaluate the findings contained in the research and
statistical reviews carried out under paragraph (1);
(ii) disseminate best methods and practices for enforcement of laws
prohibiting acts of severe forms of trafficking in persons and other
laws related to acts of
trafficking in persons, including, but not limited to, best methods and
practices for training State and local law
enforcement personnel on the enforcement of such laws;
(iii) disseminate best methods and practices for training State and
local law enforcement personnel on the enforcement of laws prohibiting
sex trafficking and
commercial sex acts, including, but not limited to, best methods for
investigating and prosecuting exploiters and
persons who solicit or purchase an unlawful commercial sex act; and
(iv) disseminate best methods and practices for training State and
local law enforcement personnel on collaborating with social service
providers and relevant
nongovernmental organizations and establishing trust of persons
subjected to commercial sex acts or severe forms of
trafficking in persons.
(B) PARTICIPATION- Each annual conference conducted under this
paragraph shall involve the participation of persons with expertise or
professional
responsibilities with relevance to trafficking in persons, including,
but not limited to--
(i) Federal Government officials, including law enforcement and prosecutorial officials;
(ii) State and local government officials, including law
enforcement
and prosecutorial officials;
(iii) persons who have been subjected to severe forms of trafficking in
persons or commercial sex acts;
(iv) medical personnel;
(v) social service providers and relevant nongovernmental
organizations; and
(vi) academic experts.
(C) REPORTS- The Attorney General and the Secretary of Health and Human
Services shall prepare and post on the respective Internet Web sites of
the Department of Justice
and the Department of Health and Human Services reports on the findings
and best practices identified and disseminated
at the conference described in this paragraph.
(b) Termination of
Certain Grants,
Contracts, and Cooperative Agreements- Section 106(g) of the
Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104) is amended--
(1)
by striking `Cooperative Agreements- ' and all that follows through
`The President shall' and inserting `Cooperative Agreements- The
President shall';
(2) by striking `described in paragraph (2)'; and
(3) by striking paragraph (2).
(c) Authorization of
Appropriations- There are authorized to be appropriated--
(1)
$2,500,000 for each of the fiscal years 2006 and 2007 to carry out the
activities described in subsection (a)(1)(B)(i) and $2,500,000 for each
of the fiscal years
2006 and 2007 to carry out the activities described in subsection
(a)(1)(B)(ii); and
(2)
$1,000,000 for each of the fiscal years 2006 through 2007 to carry out
the activities described in subsection (a)(2).
SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND
STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS
SUBJECT TO TRAFFICKING.
(a) Grant Program-
The Secretary of
Health and Human Services may make grants to States, Indian tribes,
units of local government, and nonprofit, nongovernmental victims'
service
organizations to establish, develop, expand, and strengthen assistance
programs for United States citizens or aliens
admitted for permanent residence who are the subject of sex trafficking
or severe forms of trafficking in persons
that occurs, in whole or in part, within the
territorial jurisdiction of the United States.
(b) Selection
Factor- In selecting among
applicants for grants under subsection (a), the Secretary shall give
priority to applicants with experience in the delivery of services to
persons who have been subjected to sexual abuse or commercial sexual
exploitation and to applicants who would employ
survivors of sexual abuse or commercial sexual exploitation as a part
of their proposed project.
(c) Limitation on
Federal Share- The
Federal share of a grant made under this section may not exceed 75
percent of the total costs of the projects described in the application
submitted.
(d) Authorization of
Appropriations-
There are authorized to be appropriated $10,000,000 for each of the
fiscal years 2006 and 2007 to carry out the activities described in
this
section.
SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.
(a) Establishment of
Pilot Program- Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Health and Human Services shall establish and carry out a
pilot program to establish residential treatment facilities in the
United States for juveniles subjected to
trafficking.
(b) Purposes- The
purposes of the pilot program established pursuant to subsection (a)
are to--
(1)
provide benefits and services to juveniles subjected to trafficking,
including shelter, psychological counseling, and assistance in
developing independent living skills;
(2)
assess the benefits of providing residential treatment facilities for
juveniles subjected to trafficking, as well as the most efficient and
cost-effective means of
providing such facilities; and
(3)
assess the need for and feasibility of establishing additional
residential treatment facilities for juveniles subjected to trafficking.
(c) Selection of
Sites- The Secretary of
Health and Human Services shall select three sites at which to operate
the pilot program established pursuant to subsection (a).
(d) Form of
Assistance- In order to
carry out the responsibilities of this section, the Secretary of Health
and Human Services shall enter into contracts with, or make grants to,
organizations that--
(1)
have relevant expertise in the delivery of services to juveniles who
have been subjected to sexual abuse or commercial sexual exploitation;
or
(2)
have entered into partnerships with organizations that have expertise
as described in paragraph (1) for the purpose of implementing the
contracts or grants.
(e) Report- Not
later than one year
after the date on which the first pilot program is established pursuant
to subsection (a), the Secretary of Health and Human Services shall
submit
to Congress a report on the implementation of this section.
(f) Definition- In
this section, the
term `juvenile subjected to trafficking' means a United States citizen,
or alien admitted for permanent residence, who is the subject of sex
trafficking or severe forms of trafficking in persons that occurs, in
whole or in part, within the territorial
jurisdiction of the United States and who has not attained 18 years of
age at the time the person is identified as having
been the subject of sex trafficking or severe forms of trafficking in
persons.
(g) Authorization of
Appropriations-
There are authorized to be appropriated to the Secretary of Health and
Human Services to carry out this section $5,000,000 for each of the
fiscal years 2006 and 2007.
SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Establishment of
Grant Program for Law Enforcement-
(1)
IN GENERAL- The Attorney General may make grants to States and local
law enforcement agencies to establish, develop, expand, or strengthen
programs--
(A) to investigate and prosecute acts of severe forms of trafficking in
persons, and related offenses, which involve United States citizens, or
aliens admitted for
permanent residence, and that occur, in whole or in part, within the
territorial jurisdiction of the United States;
(B) to investigate and prosecute persons who engage in the purchase of
commercial sex acts;
(C) to educate persons charged with, or convicted of, purchasing or
attempting to purchase commercial sex acts; and
(D) to educate and train law enforcement personnel in how to establish
trust of persons subjected to trafficking and encourage cooperation
with prosecution efforts.
(2)
DEFINITION- In this subsection, the term `related offenses' includes
violations of tax laws, transacting in illegally derived proceeds,
money laundering,
racketeering, and other violations of criminal laws committed in
connection with an act of sex trafficking or a severe form
of trafficking in persons.
(b)
Multi-Disciplinary Approach
Required- Grants under subsection (a) may be made only for programs in
which the State or local law enforcement agency works collaboratively
with social
service providers and relevant nongovernmental organizations, including
organizations with experience in the delivery
of services to persons who are the subject of trafficking in persons.
(c) Limitation on
Federal Share- The
Federal share of a grant made under this section may not exceed 75
percent of the total costs of the projects described in the application
submitted.
(d) Authorization of
Appropriations-
There are authorized to be appropriated to the Attorney General to
carry out this section $25,000,000 for each of the fiscal years 2006
and 2007.
SEC. 205. REPORT TO CONGRESS.
Section 105(d)(7) of
the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (F), by striking `and' at the end;
(2)
by redesignating subparagraph (G) as subparagraph (H); and
(3)
by inserting after subparagraph (F) the following new subparagraph:
`(G) the amount, recipient, and purpose of each grant under sections
202 and 204 of the Trafficking
Victims Protection Act of 2005; and'.
SEC. 206. SENIOR POLICY OPERATING GROUP.
Each Federal
department or agency
involved in grant activities related to combatting trafficking or
providing services to persons subjected to trafficking inside the
United States
shall, as the department or agency determines appropriate, apprise the
Senior Policy Operating Group established by
section 105(f) of the Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7103(f)), under the
procedures established by the Senior Policy Operating Group, of such
activities of the department or agency to ensure that
the activities are consistent with the purposes
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.).
SEC. 207. DEFINITIONS.
In this title:
(1)
SEVERE FORMS OF TRAFFICKING IN PERSONS- The term `severe forms of
trafficking in persons' has the meaning given the term in section
103(8) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(8)).
(2)
SEX TRAFFICKING- The term `sex trafficking' has the meaning given the
term in section 103(9) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(9)).
(3)
COMMERCIAL SEX ACT- The term `commercial sex act' has the meaning given
the term in section 103(3) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(3)).
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.
Section 113 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (a)--
(A) by striking `and $5,000,000' and inserting `$5,000,000';
(B) by adding at the end before the period the following: `, and
$5,500,000 for each of the fiscal years 2006 and 2007'; and
(C) by further adding at the end the following new sentence: `In
addition, there are authorized to be appropriated to the Office to
Monitor and Combat Trafficking for
official reception and representation expenses $3,000 for each of the
fiscal years 2006 and 2007.';
(2)
in subsection (b), by striking `2004 and 2005' and inserting `2004,
2005, 2006, and 2007';
(3)
in subsection (c)(1), by striking `2004 and 2005' each place it appears
and inserting `2004, 2005, 2006, and 2007';
(4)
in subsection (d), by striking `2004 and 2005' each place it appears
and inserting `2004, 2005, 2006, and 2007';
(5) in subsection (e)--
(A) in paragraphs (1) and (2), by striking `2003 through 2005' and
inserting `2003 through 2007'; and
(B) in paragraph (3), by striking `$300,000 for fiscal year 2004 and
$300,000 for fiscal year 2005' and inserting `$300,000 for each of the
fiscal years 2004 through 2007';
(6)
in subsection (f), by striking `2004 and 2005' and inserting `2004,
2005, 2006, and 2007'; and
(7) by adding at the end the following new subsections:
(h) Authorization
of Appropriations to
Director of the FBI- There are authorized to be appropriated to the
Director of the Federal Bureau of Investigation $15,000,000 for fiscal
year 2006, to remain available until expended, to investigate severe
forms of trafficking in persons.
(i) Authorization
of Appropriations to
the Secretary of Homeland Security- There are authorized to be
appropriated to the Secretary of Homeland Security, $18,000,000 for
each of the fiscal years 2006 and 2007, to remain available until
expended, for investigations by the Bureau of
Immigration and Customs Enforcement of severe forms of trafficking in
persons.'.
