II 

112TH CONGRESS 

1ST SESSION S. 596 

To establish a grant program to benefit victims of sex trafficking, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2011 

Mr. WYDEN (for himself and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To establish a grant program to benefit victims of sex 

trafficking, 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 ‘‘Domestic Minor Sex 

5 Trafficking Deterrence and Victims Support Act of 

6 2011’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) Human trafficking is modern-day slavery. It 

10 is one of the fastest-growing, and the second largest, 


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1 criminal enterprise in the world. Human trafficking 

2 generates an estimated profit of $32,000,000,000 

3 per year, worldwide. 

4 (2) In the United States, human trafficking is 

5 an increasing problem. This criminal enterprise vic6 timizes individuals in the United States, many of 

7 them children, who are forced into prostitution, and 

8 foreigners brought into the country, often under 

9 false pretenses, who are coerced into forced labor or 

10 commercial sexual exploitation. 

11 (3) Sex trafficking is one of the most lucrative 

12 areas of human trafficking. Criminal gang members 

13 in the United States are increasingly involved in re14 cruiting young women and girls into sex trafficking. 

15 Interviews with gang members indicate that the 

16 gang members regard working as an individual who 

17 solicits customers for a prostitute (commonly known 

18 as a ‘‘pimp’’) to being as lucrative as trafficking in 

19 drugs, but with a much lower chance of being crimi20 nally convicted. 

21 (4) National Incidence Studies of Missing, Ab22 ducted, Runaway and Throwaway Children, the de23 finitive study of episodes of missing children, found 

24 that of the children who are victims of non-family 

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1 lice are alerted by family or guardians in only 21 

2 percent of the cases. In 79 percent of cases there is 

3 no report and no police involvement, and therefore 

4 no official attempt to find the child. 

5 (5) In 2007, the Administration of Children 

6 and Families, Department of Health and Human 

7 Services, reported to the Federal Government 

8 265,000 cases of serious physical, sexual, or psycho9 logical abuse of children. 

10 (6) Experts estimate that each year at least 

11 100,000 children in the United States are exploited 

12 through prostitution. 

13 (7) Children who have run away from home are 

14 at a high risk of becoming exploited through sex 

15 trafficking. Children who have run away multiple 

16 times are at much higher risk of not returning home 

17 and of engaging in prostitution. 

18 (8) The vast majority of children involved in sex 

19 trafficking have suffered previous sexual or physical 

20 abuse, live in poverty, or have no stable home or 

21 family life. These children require a comprehensive 

22 framework of specialized treatment and mental 

23 health counseling that addresses post-traumatic 

24 stress, depression, and sexual exploitation. 


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1 (9) The average age of first exploitation 

2 through prostitution is 13. Seventy-five percent of 

3 minors exploited through prostitution have a pimp. 

4 A pimp can earn $200,000 per year prostituting 1 

5 sex trafficking victim. 

6 (10) Sex trafficking of minors is a complex and 

7 varied criminal problem that requires a multi-dis8 ciplinary, cooperative solution. Reducing trafficking 

9 will require the Government to address victims, 

10 pimps, and johns, and to provide training specific to 

11 sex trafficking for law enforcement officers and 

12 prosecutors, and child welfare, public health, and 

13 other social service providers. 

14 (11) Human trafficking is a criminal enterprise 

15 that imposes significant costs on the economy of the 

16 United States. Government and non-profit resources 

17 used to address trafficking include those of law en18 forcement, the judicial and penal systems, and social 

19 service providers. Without a range of appropriate 

20 treatments to help trafficking victims overcome the 

21 trauma they have experienced, victims will continue 

22 to be exploited by criminals and unable to support 

23 themselves, and will continue to require Government 

24 resources, rather than being productive contributors 

25 to the legitimate economy. 


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1 (12) Human trafficking victims are often either 

2 not identified as trafficking victims or are 

3 mischaracterized as criminal offenders. Both private 

4 and public sector personnel play a significant role in 

5 identifying trafficking victims and potential victims, 

6 such as runaways. Examples of such personnel in7 clude hotel staff, flight attendants, health care pro8 viders, educators, and parks and recreation per9 sonnel. Efforts to train these individuals can bolster 

10 law enforcement efforts to reduce human trafficking. 

11 (13) Minor sex trafficking victims are under the 

12 age of 18. Because minors do not have the capacity 

13 to consent to their own commercial sexual exploi14 tation, minor sex trafficking victims should not be 

15 charged as criminal defendants. Instead, minor vic16 tims of sex trafficking should have access to treat17 ment and services to help them recover from their 

18 sexual exploitation, and should also be provided ac19 cess to appropriate compensation for harm they have 

20 suffered. 

21 (14) Several States have recently passed or are 

22 considering legislation that establishes a presump23 tion that a minor charged with a prostitution offense 

24 is a severely trafficked person and should instead be 

25 cared for through the child protection system. Some 


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1 such legislation also provides support and services to 

2 minor sex trafficking victims who are under the age 

3 of 18 years old. These services include safe houses, 

4 crisis intervention programs, community-based pro5 grams, and law-enforcement training to help officers 

6 identify minor sex trafficking victims. 

7 (15) Sex trafficking of minors is not a problem 

8 that occurs only in urban settings. This crime also 

9 exists in rural areas and on Indian reservations. Ef10 forts to address sex trafficking of minors should in11 clude partnerships with organizations that seek to 

12 address the needs of such underserved communities. 

13 SEC. 3. SENSE OF CONGRESS. 

14 It is the sense of the Congress that— 

15 (1) the Attorney General should implement 

16 changes to the National Crime Information Center 

17 database to ensure that— 

18 (A) a child entered into the database will 

19 be automatically designated as an endangered 

20 juvenile if the child has been reported missing 

21 not less than 3 times in a 1-year period; 

22 (B) the database is programmed to cross23 reference newly entered reports with historical 

24 records already in the database; and 


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1 (C) the database is programmed to include 

2 a visual cue on the record of a child designated 

3 as an endangered juvenile to assist law enforce4 ment officers in recognizing the child and pro5 viding the child with appropriate care and serv6 ices; 

7 (2) funds awarded under subpart 1 of part E 

8 of title I of the Omnibus Crime Control and Safe 

9 Streets Act of 1968 (42 U.S.C. 3750 et seq.) (com10 monly known as Byrne Grants) should be used to 

11 provide education, training, deterrence, and preven12 tion programs relating to sex trafficking of minors; 

13 (3) States should— 

14 (A) treat minor victims of sex trafficking 

15 as crime victims rather than as criminal defend16 ants or juvenile delinquents; 

17 (B) adopt policies that— 

18 (i) establish the presumption that a 

19 child under the age of 18 who is charged 

20 with a prostitution offense is a minor vic21 tim of sex trafficking; 

22 (ii) avoid the criminal charge of pros23 titution for such a child, and instead con24 sider such a child a victim of crime and 


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1 provide the child with appropriate services 

2 and treatment; and 

3 (iii) strengthen criminal provisions 

4 prohibiting the purchasing of commercial 

5 sex acts, especially with minors; 

6 (C) amend State statutes and regula7 tions— 

8 (i) relating to crime victim compensa9 tion to make eligible for such compensation 

10 any individual who is a victim of sex traf11 ficking as defined in section 1591(a) of 

12 title 18, United States Code, or a com13 parable State law against commercial sex14 ual exploitation of children, and who would 

15 otherwise be ineligible for such compensa16 tion due to participation in prostitution ac17 tivities because the individual is deter18 mined to have contributed to, consented to, 

19 benefitted from, or otherwise participated 

20 as a party to the crime for which the indi21 vidual is claiming injury; and 

22 (ii) relating to law enforcement re23 porting requirements to provide for excep24 tions to such requirements for victims of 

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1 ceptions are provided to victims of domes2 tic violence or related crimes; and 

3 (4) demand for commercial sex with minors 

4 must be deterred through consistent enforcement of 

5 criminal laws against purchasing commercial sex. 

6 SEC. 4. SEX TRAFFICKING BLOCK GRANTS. 

7 (a) IN GENERAL.—Section 204 of the Trafficking 

8 Victims Protection Reauthorization Act of 2005 (42 

9 U.S.C. 14044c) is amended to read as follows: 

10 ‘‘SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO 

11 COMBAT TRAFFICKING IN PERSONS. 

12 ‘‘(a) SEX TRAFFICKING BLOCK GRANTS.— 

13 ‘‘(1) DEFINITIONS.—In this section— 

14 ‘‘(A) the term ‘Assistant Attorney General’ 

15 means the Assistant Attorney General for the 

16 Office of Justice Programs of the Department 

17 of Justice; 

18 ‘‘(B) the term ‘eligible entity’ means a 

19 State or unit of local government that— 

20 ‘‘(i) has significant criminal activity 

21 involving sex trafficking of minors; 

22 ‘‘(ii) has demonstrated cooperation be23 tween Federal, State, local, and, where ap24 plicable, tribal law enforcement agencies, 


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1 prosecutors, and social service providers in 

2 addressing sex trafficking of minors; 

3 ‘‘(iii) has developed a workable, multi4 disciplinary plan to combat sex trafficking 

5 of minors, including— 

6 ‘‘(I) the establishment of a shel7 ter for minor victims of sex traf8 ficking, through existing or new facili9 ties; 

10 ‘‘(II) the provision of rehabilita11 tive care to minor victims of sex traf12 ficking; 

13 ‘‘(III) the provision of specialized 

14 training for law enforcement officers 

15 and social service providers for all 

16 forms of sex trafficking, with a focus 

17 on sex trafficking of minors; 

18 ‘‘(IV) prevention, deterrence, and 

19 prosecution of offenses involving sex 

20 trafficking of minors; 

21 ‘‘(V) cooperation or referral 

22 agreements with organizations pro23 viding outreach or other related serv24 ices to runaway and homeless youth; 

25 and 


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1 ‘‘(VI) law enforcement protocols 

2 or procedures to screen all individuals 

3 arrested for prostitution, whether 

4 adult or minor, for victimization by 

5 sex trafficking and by other crimes, 

6 such as sexual assault and domestic 

7 violence; and 

8 ‘‘(iv) provides an assurance that, 

9 under the plan under clause (iii), a minor 

10 victim of sex trafficking shall not be re11 quired to collaborate with law enforcement 

12 to have access to any shelter or services 

13 provided with a grant under this section; 

14 ‘‘(C) the term ‘minor victim of sex traf15 ficking’ means an individual who is— 

16 ‘‘(i) under the age of 18 years old, 

17 and is a victim of an offense described in 

18 section 1591(a) of title 18, United States 

19 Code, or a comparable State law; or 

20 ‘‘(ii) at least 18 years old but not 

21 more than 20 years old, and who, on the 

22 day before the individual attained 18 years 

23 of age, was described in clause (i) and was 

24 receiving shelter or services as a minor vic25 tim of sex trafficking; 


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1 ‘‘(D) the term ‘qualified non-governmental 

2 organization’ means an organization that— 

3 ‘‘(i) is not a State or unit of local gov4 ernment, or an agency of a State or unit 

5 of local government; 

6 ‘‘(ii) has demonstrated experience pro7 viding services to victims of sex trafficking 

8 or related populations (such as runaway 

9 and homeless youth), or employs staff spe10 cialized in the treatment of sex trafficking 

11 victims; and 

12 ‘‘(iii) demonstrates a plan to sustain 

13 the provision of services beyond the period 

14 of a grant awarded under this section; 

15 ‘‘(E) the term ‘severe forms of trafficking 

16 in persons’ has the meaning given that term in 

17 section 103 of the Trafficking Victims Protec18 tion Act of 2000 (22 U.S.C. 7102); and 

19 ‘‘(F) the term ‘sex trafficking of a minor’ 

20 means an offense described in subsection (a) of 

21 section 1591 of title 18, United States Code, 

22 the victim of which is a minor. 

23 ‘‘(2) GRANTS AUTHORIZED.— 

24 ‘‘(A) IN GENERAL.—The Assistant Attor25 ney General, in consultation with the Assistant 


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1 Secretary for Children and Families of the De2 partment of Health and Human Services, is au3 thorized to award block grants to 6 eligible en4 tities in different regions of the United States 

5 to combat sex trafficking of minors, and not 

6 fewer than 1 of the block grants shall be award7 ed to an eligible entity with a State population 

8 of less than 5,000,000. Each eligible entity 

9 awarded a block grant under this subparagraph 

10 shall certify that Federal funds received under 

11 the block grant will be used to combat only 

12 interstate sex trafficking. 

13 ‘‘(B) GRANT AMOUNT.—Subject to the 

14 availability of appropriations under subsection 

15 (g) to carry out this section, each grant award16 ed under this section shall be for an amount 

17 not less than $2,000,000 and not greater than 

18 $2,500,000. 

19 ‘‘(C) DURATION.— 

20 ‘‘(i) IN GENERAL.—A grant awarded 

21 under this section shall be for a period of 

22 1 year. 

23 ‘‘(ii) RENEWAL.— 

24 ‘‘(I) IN GENERAL.—The Assist25 ant Attorney General may renew a 


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1 grant under this section for two 1- 

2 year periods. 

3 ‘‘(II) PRIORITY.—In awarding 

4 grants in any fiscal year after the 

5 first fiscal year in which grants are 

6 awarded under this section, the As7 sistant Attorney General shall give 

8 priority to applicants that received a 

9 grant in the preceding fiscal year and 

10 are eligible for renewal under this 

11 subparagraph, taking into account 

12 any evaluation of such applicant con13 ducted pursuant to paragraph (5), if 

14 available. 

15 ‘‘(D) CONSULTATION.—In carrying out 

16 this section, consultation by the Assistant At17 torney General with the Assistant Secretary for 

18 Children and Families of the Department of 

19 Health and Human Services shall include con20 sultation with respect to grantee evaluations, 

21 the avoidance of unintentional duplication of 

22 grants, and any other areas of shared concern. 

23 ‘‘(3) USE OF FUNDS.— 

24 ‘‘(A) ALLOCATION.—For each grant 

25 awarded under paragraph (2)— 


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1 ‘‘(i) not less than 67 percent of the 

2 funds shall be used by the eligible entity to 

3 provide shelter and services (as described 

4 in clauses (i) through (iv) of subparagraph 

5 (B)) to minor victims of sex trafficking 

6 through qualified nongovernmental organi7 zations; and 

8 ‘‘(ii) not less than 10 percent of the 

9 funds shall be awarded by the eligible enti10 ty to one or more qualified nongovern11 mental organizations with annual revenues 

12 of less than $750,000, to provide services 

13 to minor victims of sex trafficking or train14 ing for service providers related to sex traf15 ficking of minors. 

16 ‘‘(B) AUTHORIZED ACTIVITIES.—Grants 

17 awarded pursuant to paragraph (2) may be 

18 used for— 

19 ‘‘(i) providing shelter to minor victims 

20 of sex trafficking, including temporary or 

21 long-term placement as appropriate; 

22 ‘‘(ii) providing 24-hour emergency so23 cial services response for minor victims of 

24 sex trafficking; 


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1 ‘‘(iii) providing minor victims of sex 

2 trafficking with clothing and other daily 

3 necessities needed to keep such victims 

4 from returning to living on the street; 

5 ‘‘(iv) case management services for 

6 minor victims of sex trafficking; 

7 ‘‘(v) mental health counseling for 

8 minor victims of sex trafficking, including 

9 specialized counseling and substance abuse 

10 treatment; 

11 ‘‘(vi) legal services for minor victims 

12 of sex trafficking; 

13 ‘‘(vii) specialized training for law en14 forcement personnel, social service pro15 viders, public sector personnel, and private 

16 sector personnel likely to encounter sex 

17 trafficking victims on issues related to the 

18 sex trafficking of minors and severe forms 

19 of trafficking in persons; 

20 ‘‘(viii) funding salaries, in whole or in 

21 part, for law enforcement officers, includ22 ing patrol officers, detectives, and inves23 tigators, except that the percentage of the 

24 salary of the law enforcement officer paid 

25 for by funds from a grant awarded under 


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1 paragraph (2) shall not be more than the 

2 percentage of the officer’s time on duty 

3 that is dedicated to working on cases in4 volving sex trafficking of minors; 

5 ‘‘(ix) subject to subparagraph (C), 

6 funding salaries for State and local pros7 ecutors, including assisting in paying trial 

8 expenses for prosecution of sex trafficking 

9 offenders; 

10 ‘‘(x) investigation expenses for cases 

11 involving sex trafficking of minors, includ12 ing— 

13 ‘‘(I) wire taps; 

14 ‘‘(II) consultants with expertise 

15 specific to cases involving sex traf16 ficking of minors; 

17 ‘‘(III) travel; and 

18 ‘‘(IV) any other technical assist19 ance expenditures; 

20 ‘‘(xi) outreach and education pro21 grams to provide information about deter22 rence and prevention of sex trafficking of 

23 minors; 

24 ‘‘(xii) programs to provide treatment 

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1 chasing or attempting to purchase sex acts 

2 in cases where— 

3 ‘‘(I) a treatment program can be 

4 mandated as a condition of a sen5 tence, fine, suspended sentence, or 

6 probation, or is an appropriate alter7 native to criminal prosecution; and 

8 ‘‘(II) the individual was not 

9 charged with purchasing or attempt10 ing to purchase sex acts with a minor; 

11 and 

12 ‘‘(xiii) screening and referral of minor 

13 victims of severe forms of trafficking in 

14 persons. 

15 ‘‘(C) LIMITATION ON USE FOR SALA16 RIES.—The percentage of the total salary of a 

17 State or local prosecutor that is paid using a 

18 grant awarded pursuant to paragraph (2) shall 

19 be not more than the percentage of the total 

20 number of hours worked by the prosecutor that 

21 is spent working on cases involving sex traf22 ficking of minors. 

23 ‘‘(4) APPLICATION.— 

24 ‘‘(A) IN GENERAL.—Each eligible entity 

25 desiring a grant under this section shall submit 


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1 an application to the Assistant Attorney Gen2 eral at such time, in such manner, and accom3 panied by such information as the Assistant At4 torney General may reasonably require. 

5 ‘‘(B) CONTENTS.—Each application sub6 mitted pursuant to subparagraph (A) shall— 

7 ‘‘(i) describe the activities for which 

8 assistance under this section is sought; and 

9 ‘‘(ii) provide such additional assur10 ances as the Assistant Attorney General 

11 determines to be essential to ensure com12 pliance with the requirements of this sec13 tion. 

14 ‘‘(5) EVALUATION.—The Assistant Attorney 

15 General shall enter into a contract with an academic 

16 or non-profit organization that has experience in 

17 issues related to sex trafficking of minors and eval18 uation of grant programs to conduct an annual eval19 uation of grants made under this section to deter20 mine the impact and effectiveness of programs fund21 ed with grants awarded under paragraph (2). 

22 ‘‘(b) MANDATORY EXCLUSION.—Any grantee award23 ed funds under this section that is found to have utilized 

24 grant funds for any unauthorized expenditure or otherwise 

25 unallowable cost shall not be eligible for any grant funds 


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1 awarded under the block grant for 2 fiscal years following 

2 the year in which the unauthorized expenditure or unal3 lowable cost is reported. 

4 ‘‘(c) COMPLIANCE REQUIREMENT.—A grantee shall 

5 not be eligible to receive a grant under this section if with6 in the last 5 fiscal years, the grantee has been found to 

7 have violated the terms or conditions of a Government 

8 grant program by utilizing grant funds for unauthorized 

9 expenditures or otherwise unallowable costs. 

10 ‘‘(d) ADMINISTRATIVE CAP.—The cost of admin11 istering the grants authorized by this section shall not ex12 ceed 3 percent of the total amount appropriated to carry 

13 out this section. 

14 ‘‘(e) AUDIT REQUIREMENT.—For fiscal years 2014 

15 and 2015, the Inspector General of the Department of 

16 Justice shall conduct an audit of all 6 grantees awarded 

17 block grants under this section. 

18 ‘‘(f) MATCH REQUIREMENT.—A grantee of a grant 

19 under this section shall match at least 25 percent of a 

20 grant in the first year, 40 percent in the second year, and 

21 50 percent in the third year. 

22 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Attorney General 

24 to carry out this section $15,000,000 for each of the fiscal 

25 years 2013 through 2015.’’. 


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1 (b) SUNSET PROVISION.—Effective 3 years after the 

2 date of enactment of this Act, section 204 of the Traf3 ficking Victims Protection Reauthorization Act of 2005 

4 (42 U.S.C. 14044c) is amended to read as it read on the 

5 day before the date of enactment of this Act. 

6 (c) GAO EVALUATION.—Not later than 30 months 

7 after the date of enactment of this Act, the Comptroller 

8 General of the United States shall conduct a study of and 

9 submit to Congress a report evaluating the impact of this 

10 Act and the amendments made by this Act in aiding minor 

11 victims of sex trafficking in the United States and increas12 ing the ability of law enforcement agencies to prosecute 

13 sex trafficking offenders, which shall include recommenda14 tions, if any, regarding any legislative or administrative 

15 action the Comptroller General determines appropriate. 

16 SEC. 5. REPORTING REQUIREMENTS. 

17 (a) REPORTING REQUIREMENT FOR STATE CHILD

18 WELFARE AGENCIES.— 

19 (1) REQUIREMENT FOR STATE CHILD WELFARE

20 AGENCIES TO REPORT CHILDREN MISSING OR AB21 DUCTED.—Section 471(a) of the Social Security Act 

22 (42 U.S.C. 671(a)) is amended— 

23 (A) in paragraph (32), by striking ‘‘and’’ 

24 after the semicolon; 


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1 (B) in paragraph (33), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (C) by inserting after paragraph (33) the 

4 following: 

5 ‘‘(34) provides that the State has in effect pro6 cedures that require the State agency to promptly 

7 report information on missing or abducted children 

8 to the law enforcement authorities for entry into the 

9 National Crime Information Center (NCIC) data10 base of the Federal Bureau of Investigation, estab11 lished pursuant to section 534 of title 28, United 

12 States Code.’’. 

13 (2) REGULATIONS.—The Secretary of Health 

14 and Human Services shall promulgate regulations 

15 implementing the amendments made by paragraph 

16 (1). The regulations promulgated under this sub17 section shall include provisions to withhold Federal 

18 funds from any State that fails to substantially com19 ply with the requirement imposed under the amend20 ments made by paragraph (1). 

21 (3) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect on the date that 

23 is 1 year after the date of the enactment of this Act, 

24 without regard to whether final regulations required 

25 under paragraph (2) have been promulgated. 


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1 (b) ANNUAL STATISTICAL SUMMARY.—Section 

2 3701(c) of the Crime Control Act of 1990 (42 U.S.C. 

3 5779(c)) is amended by inserting ‘‘, which shall include 

4 the total number of reports received and the total number 

5 of entries made to the National Crime Information Center 

6 (NCIC) database of the Federal Bureau of Investigation, 

7 established pursuant to section 534 of title 28, United 

8 States Code.’’ after ‘‘this title’’. 

9 (c) STATE REPORTING.—Section 3702 of the Crime 

10 Control Act of 1990 (42 U.S.C. 5780) is amended in para11 graph (4)— 

12 (1) by striking ‘‘(2)’’ and inserting ‘‘(3)’’; 

13 (2) in subparagraph (A), by inserting ‘‘, and a 

14 photograph taken within the previous 180 days’’ 

15 after ‘‘dental records’’; 

16 (3) in subparagraph (B), by striking ‘‘and’’ 

17 after the semicolon; 

18 (4) by redesignating subparagraph (C) as sub19 paragraph (D); and 

20 (5) by inserting after subparagraph (B) the fol21 lowing: 

22 ‘‘(C) notify the National Center for Miss23 ing and Exploited Children of each report re24 ceived relating to a child reported missing from 


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1 a foster care family home or childcare institu2 tion; and’’. 

3 SEC. 6. PROTECTION FOR CHILD TRAFFICKING VICTIMS 

4 AND SURVIVORS. 

5 Section 225(b) of the Trafficking Victims Reauthor6 ization Act of 2008 (22 U.S.C. 7101 note) is amended— 

7 (1) in paragraph (1), by striking ‘‘and’’ at the 

8 end; 

9 (2) by redesignating paragraph (2) as para10 graph (3); and 

11 (3) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) protects children exploited through pros14 titution by including safe harbor provisions that— 

15 ‘‘(A) treat an individual under 18 years of 

16 age who has been arrested for offering to en17 gage in or engaging in a sexual act with an18 other person in exchange for monetary com19 pensation as a victim of a severe form of traf20 ficking in persons; 

21 ‘‘(B) prohibit the charging or prosecution 

22 of an individual described in subparagraph (A) 

23 for a prostitution offense; 

24 ‘‘(C) require the referral of an individual 

25 described in subparagraph (A) to comprehensive 


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1 service or community-based programs that pro2 vide assistance to child victims of commercial 

3 sexual exploitation, to the extent that com4 prehensive service or community-based pro5 grams exist; and 

6 ‘‘(D) provide that an individual described 

7 in subparagraph (A) shall not be required to 

8 prove fraud, force, or coercion in order to re9 ceive the protections described under this para10 graph; and’’. 

11 SEC. 7. SUBPOENA AUTHORITY. 

12 Section 566(e)(1) of title 28, United States Code, is 

13 amended— 

14 (1) in subparagraph (A), by striking ‘‘and’’ at 

15 the end; 

16 (2) in subparagraph (B), by striking the period 

17 at the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(C) issue administrative subpoenas in accord20 ance with section 3486 of title 18, solely for the pur21 pose of investigating unregistered sex offenders (as 

22 defined in such section 3486).’’. 

23 SEC. 8. PROTECTION OF CHILD WITNESSES. 

24 Section 1514 of title 18, United States Code, is 

25 amended— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by inserting ‘‘or its own motion,’’ 

4 after ‘‘attorney for the Government’’; and 

5 (ii) by inserting ‘‘or investigation’’ 

6 after ‘‘Federal criminal case’’ each place it 

7 appears; 

8 (B) by redesignating paragraphs (2), (3), 

9 and (4) as paragraphs (3), (4), and (5), respec10 tively; 

11 (C) by inserting after paragraph (1) the 

12 following: 

13 ‘‘(2) In the case of a minor witness or victim, the 

14 court shall issue a protective order prohibiting harassment 

15 or intimidation of the minor victim or witness if the court 

16 finds evidence that the conduct at issue is reasonably like17 ly to adversely affect the willingness of the minor witness 

18 or victim to testify or otherwise participate in the Federal 

19 criminal case or investigation. Any hearing regarding a 

20 protective order under this paragraph shall be conducted 

21 in accordance with paragraphs (1) and (3), except that 

22 the court may issue an ex parte emergency protective 

23 order in advance of a hearing if exigent circumstances are 

24 present. If such an ex parte order is applied for or issued, 


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1 the court shall hold a hearing not later than 14 days after 

2 the date such order was applied for or is issued.’’; 

3 (D) in paragraph (4), as so redesignated, 

4 by striking ‘‘(and not by reference to the com5 plaint or other document)’’; and 

6 (E) in paragraph (5), as so redesignated, 

7 in the second sentence, by inserting before the 

8 period at the end the following: ‘‘, except that 

9 in the case of a minor victim or witness, the 

10 court may order that such protective order ex11 pires on the later of 3 years after the date of 

12 issuance or the date of the eighteenth birthday 

13 of that minor victim or witness’’; and 

14 (2) by striking subsection (c) and inserting the 

15 following: 

16 ‘‘(c) Whoever knowingly and intentionally violates or 

17 attempts to violate an order issued under this section shall 

18 be fined under this title, imprisoned not more than 5 

19 years, or both. 

20 ‘‘(d)(1) As used in this section— 

21 ‘‘(A) the term ‘course of conduct’ means a se22 ries of acts over a period of time, however short, in23 dicating a continuity of purpose; 


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1 ‘‘(B) the term ‘harassment’ means a serious act 

2 or course of conduct directed at a specific person 

3 that— 

4 ‘‘(i) causes substantial emotional distress 

5 in such person; and 

6 ‘‘(ii) serves no legitimate purpose; 

7 ‘‘(C) the term ‘immediate family member’ has 

8 the meaning given that term in section 115 and in9 cludes grandchildren; 

10 ‘‘(D) the term ‘intimidation’ means a serious 

11 act or course of conduct directed at a specific person 

12 that— 

13 ‘‘(i) causes fear or apprehension in such 

14 person; and 

15 ‘‘(ii) serves no legitimate purpose; 

16 ‘‘(E) the term ‘restricted personal information’ 

17 has the meaning give that term in section 119; 

18 ‘‘(F) the term ‘serious act’ means a single act 

19 of threatening, retaliatory, harassing, or violent con20 duct that is reasonably likely to influence the will21 ingness of a victim or witness to testify or partici22 pate in a Federal criminal case or investigation; and 

23 ‘‘(G) the term ‘specific person’ means a victim 

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1 tion, and includes an immediate family member of 

2 such a victim or witness. 

3 ‘‘(2) For purposes of subparagraphs (B)(ii) and 

4 (D)(ii) of paragraph (1), a court shall presume, subject 

5 to rebuttal by the person, that the distribution or publica6 tion using the Internet of a photograph of, or restricted 

7 personal information regarding, a specific person serves 

8 no legitimate purpose, unless that use is authorized by 

9 that specific person, is for news reporting purposes, is de10 signed to locate that specific person (who has been re11 ported to law enforcement as a missing person), or is part 

12 of a government-authorized effort to locate a fugitive or 

13 person of interest in a criminal, antiterrorism, or national 

14 security investigation.’’. 

15 SEC. 9. SENTENCING GUIDELINES. 

16 Pursuant to its authority under section 994 of title 

17 28, United States Code, and in accordance with this sec18 tion, the United States Sentencing Commission shall re19 view and amend the Federal sentencing guidelines and 

20 policy statements to ensure— 

21 (1) that the guidelines provide an additional 

22 penalty increase of up to 8 offense levels, if appro23 priate, above the sentence otherwise applicable in 

24 Part J of the Guidelines Manual if the defendant 

25 was convicted of a violation of section 1591 of title 


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1 18, United States Code, or chapters 109A, 109B, 

2 110 or 117 of title 18, United States Code; and 

3 (2) if the offense described in paragraph (1) in4 volved causing or threatening to cause physical in5 jury to a person under 18 years of age, in order to 

6 obstruct the administration of justice, an additional 

7 penalty increase of up to 12 levels, if appropriate, 

8 above the sentence otherwise applicable in Part J of 

9 the Guidelines Manual. 

10 SEC. 10. MINIMUM PENALTIES FOR POSSESSION OF CHILD 

11 PORNOGRAPHY. 

12 (a) CERTAIN ACTIVITIES RELATING TO MATERIAL

13 INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 

14 Section 2252(b)(2) of title 18, United States Code, is 

15 amended by inserting after ‘‘but if’’ the following: ‘‘any 

16 visual depiction involved in the offense involved a pre17 pubescent minor or a minor who had not attained 12 years 

18 of age, such person shall be fined under this title and im19 prisoned for not less than 1 year nor more than 20 years, 

20 or if’’. 

21 (b) CERTAIN ACTIVITIES RELATING TO MATERIAL

22 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

23 Section 2252A(b)(2) of title 18, United States Code, is 

24 amended by inserting after ‘‘but, if’’ the following: ‘‘any 

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1 volved a prepubescent minor or a minor who had not at2 tained 12 years of age, such person shall be fined under 

3 this title and imprisoned for not less than 1 year nor more 

4 than 20 years, or if’’. 

5 SEC. 11. ADMINISTRATIVE SUBPOENAS. 

6 (a) IN GENERAL.—Section 3486(a)(1) of title 18, 

7 United States Code, is amended— 

8 (1) in subparagraph (A)— 

9 (A) in clause (i), by striking ‘‘or’’ at the 

10 end; 

11 (B) by redesignating clause (ii) as clause 

12 (iii); and 

13 (C) by inserting after clause (i) the fol14 lowing: 

15 ‘‘(ii) an unregistered sex offender con16 ducted by the United States Marshals 

17 Service, the Director of the United States 

18 Marshals Service; or’’; and 

19 (2) in subparagraph (D)— 

20 (A) by striking ‘‘paragraph, the term’’ and 

21 inserting the following: ‘‘paragraph— 

22 ‘‘(i) the term’’; 

23 (B) by striking the period at the end and 

24 inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(ii) the term ‘sex offender’ means an indi2 vidual required to register under the Sex Offender 

3 Registration and Notification Act (42 U.S.C. 16901 

4 et seq.).’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 Section 3486(a) of title 18, United States Code, is amend7 ed— 

8 (1) in paragraph (6)(A), by striking ‘‘United 

9 State’’ and inserting ‘‘United States’’; 

10 (2) in paragraph (9), by striking ‘‘(1)(A)(ii)’’ 

11 and inserting ‘‘(1)(A)(iii)’’; and 

12 (3) in paragraph (10), by striking ‘‘paragraph 

13 (1)(A)(ii)’’ and inserting ‘‘paragraph (1)(A)(iii)’’. 

14 SEC. 12. REDUCING UNNECESSARY PRINTING AND PUB15 LISHING COSTS OF GOVERNMENT DOCU16 MENTS. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Director of the Office of Management and 

19 Budget shall coordinate with the heads of Federal depart20 ments and independent agencies to— 

21 (1) determine which Government publications 

22 could be available on Government Web sites and no 

23 longer printed and to devise a strategy to reduce 

24 overall Government printing costs beginning with fis25 cal year 2013, except that the Director shall ensure 


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1 that essential printed documents prepared for Social 

2 Security recipients, Medicare beneficiaries, and other 

3 populations in areas with limited internet access or 

4 use continue to remain available; 

5 (2) establish Governmentwide Federal guide6 lines on employee printing; 

7 (3) issue on the Office of Management and 

8 Budget’s public Web site the results of a cost-benefit 

9 analysis on implementing a digital signature system 

10 and on establishing employee printing identification 

11 systems, such as the use of individual employee 

12 cards or codes, to monitor the amount of printing 

13 done by Federal employees, except that the Director 

14 of the Office of Management and Budget shall en15 sure that Federal employee printing costs unrelated 

16 to national defense, homeland security, border secu17 rity, national disasters, and other emergencies do 

18 not exceed $860,000,000 annually for fiscal years 

19 2013 through 2015; and 

20 (4) issue guidelines requiring every department, 

21 agency, commission or office to list at a prominent 

22 place near the beginning of each publication distrib23 uted to the public and issued or paid for by the Fed24 eral Government the following: 


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1 (A) The name of the issuing agency, de2 partment, commission or office. 

3 (B) The total number of copies of the doc4 ument printed. 

5 (C) The collective cost of producing and 

6 printing all of the copies of the document. 

7 (D) The name of the firm publishing the 

8 document. 

9 SEC. 13. BUDGETARY EFFECTS. 

10 The budgetary effects of this Act, for the purpose of 

11 complying with the Statutory Pay-As-You-Go Act of 2010, 

12 shall be determined by reference to the latest statement 

13 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

14 Act, submitted for printing in the Congressional Record 

15 by the Chairman of the Senate Budget Committee, pro16 vided that such statement has been submitted prior to the 

17 vote on passage. 

Æ 


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