I 

111TH CONGRESS 

2D SESSION H. R. 5575 

To establish a grant program to benefit domestic minor victims of sex 

trafficking, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2010 

Mrs. MALONEY (for herself, Mr. SMITH of New Jersey, Mr. BLUMENAUER, 

Mr. COHEN, Mr. POE of Texas, Ms. RICHARDSON, and Mr. WU) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a grant program to benefit domestic minor 

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 2010’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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

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

3 criminal enterprise in the world. Human trafficking 

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

5 per year, world wide. 

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

7 an increasing problem. This criminal enterprise vic8 timizes individuals in the United States, many of 

9 them children, who are forced into prostitution, and 

10 foreigners brought into the country, often under 

11 false pretenses, who are coerced into forced labor or 

12 commercial sexual exploitation. 

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

14 areas of human trafficking. Criminal gang members 

15 in the United States are increasingly involved in re16 cruiting young women and girls into sex trafficking. 

17 Interviews with gang members indicate that the 

18 gang members regard working as an individual who 

19 solicits customers for a prostitute (commonly known 

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

21 drugs, but with a much lower chance of being crimi22 nally convicted. 

23 (4) National Incidence Studies of Missing, Ab24 ducted, Runaway and Throwaway Children, the de25 finitive study of episodes of missing children, found 


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

2 abduction, runaway or throwaway children, the po3 lice are alerted by family or guardians in only 21 

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

5 no report and no police involvement, and therefore 

6 no official attempt to find the child. 

7 (5) In 2007, the Administration of Children 

8 and Families, Department of Health and Human 

9 Services, reported to the Federal Government 

10 265,000 cases of serious physical, sexual, or psycho11 logical abuse of children. 

12 (6) Experts estimate that each year at least 

13 100,000 children in the United States are exploited 

14 through prostitution. 

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

16 at a high risk of becoming exploited through sex 

17 trafficking. Children who have run away multiple 

18 times are at much higher risk of not returning home 

19 and of engaging in prostitution. 

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

21 trafficking have suffered previous sexual or physical 

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

23 family life. These children require a comprehensive 

24 framework of specialized treatment and mental 


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1 health counseling that addresses post-traumatic 

2 stress, depression, and sexual exploitation. 

3 (9) The average age of first exploitation 

4 through prostitution is 13. Seventy-five percent of 

5 minors exploited through prostitution have a pimp. 

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

7 sex trafficking victim. 

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

9 varied criminal problem that requires a multi-dis10 ciplinary, cooperative solution. Reducing trafficking 

11 will require the Government to address victims, 

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

13 sex trafficking for law enforcement officers and 

14 prosecutors, and child welfare, public health, and 

15 other social service providers. 

16 (11) Human trafficking is a criminal enterprise 

17 that imposes significant costs on the economy of the 

18 United States. Government and non-profit resources 

19 used to address trafficking include those of law en20 forcement, the judicial and penal systems, and social 

21 service providers. Without a range of appropriate 

22 treatments to help trafficking victims overcome the 

23 trauma they have experienced, victims will continue 

24 to be exploited by criminals and unable to support 

25 themselves, and will continue to require Government 


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1 resources, rather than being productive contributors 

2 to the legitimate economy. 

3 (12) Minor sex trafficking victims are under the 

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

5 to consent to their own commercial sexual exploi6 tation, minor sex trafficking victims should not be 

7 charged as criminal defendants. Instead, minor vic8 tims of sex trafficking should have access to treat9 ment and services to help them recover from their 

10 sexual exploitation, and should also be provided ac11 cess to appropriate compensation for harm they have 

12 suffered. 

13 (13) Several States have recently passed or are 

14 considering legislation that establishes a presump15 tion that a minor charged with a prostitution offense 

16 is a severely trafficked person and should instead be 

17 cared for through the child protection system. Some 

18 such legislation also provides support and services to 

19 minor sex trafficking victims who are under the age 

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

21 crisis intervention programs, community-based pro22 grams, and law-enforcement training to help officers 

23 identify minor sex trafficking victims. 

24 (14) Sex trafficking of minors is not a problem 

25 that occurs only in urban settings. This crime also 


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1 exists in rural areas and on Indian reservations. Ef2 forts to address sex trafficking of minors should in3 clude partnerships with organizations that seek to 

4 address the needs of such underserved communities. 

5 SEC. 3. SENSE OF CONGRESS. 

6 It is the sense of the Congress that— 

7 (1) the Attorney General should implement 

8 changes to the National Crime Information Center 

9 database to ensure that— 

10 (A) a child entered into the database will 

11 be automatically designated as an endangered 

12 juvenile if the child has been reported missing 

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

14 (B) the database is programmed to cross15 reference newly entered reports with historical 

16 records already in the database; and 

17 (C) the database is programmed to include 

18 a visual cue on the record of a child designated 

19 as an endangered juvenile to assist law enforce20 ment officers in recognizing the child and pro21 viding the child with appropriate care and serv22 ices; 

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

24 of title I of the Omnibus Crime Control and Safe 

25 Streets Act of 1968 (42 U.S.C. 3750 et seq.) (comVerDate Mar 15 2010 01:31 Jun 24, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5575.IH H5575

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1 monly known as Byrne Grants) should be used to 

2 provide education, training, deterrence, and preven3 tion programs relating to sex trafficking of minors; 

4 (3) States should— 

5 (A) treat minor victims of sex trafficking 

6 as crime victims rather than as criminal defend7 ants or juvenile delinquents; 

8 (B) adopt laws that— 

9 (i) establish the presumption that a 

10 child under the age of 18 who is charged 

11 with a prostitution offense is a minor vic12 tim of sex trafficking; 

13 (ii) avoid the criminal charge of pros14 titution for such a child, and instead con15 sider such a child a victim of crime and 

16 provide the child with appropriate services 

17 and treatment; and 

18 (iii) strengthen criminal provisions 

19 prohibiting the purchasing of commercial 

20 sex acts, especially with minors; 

21 (C) amend State statutes and regula22 tions— 

23 (i) relating to crime victim compensa24 tion to make eligible for such compensation 

25 any individual who is a victim of sex trafVerDate Mar 15 2010 01:31 Jun 24, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5575.IH H5575

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1 ficking as defined in section 1591(a) of 

2 title 18, United States Code, or a com3 parable State law against commercial sex4 ual exploitation of children, and who would 

5 otherwise be ineligible for such compensa6 tion due to participation in prostitution ac7 tivities because the individual is deter8 mined to have contributed to, consented to, 

9 benefitted from, or otherwise participated 

10 as a party to the crime for which the indi11 vidual is claiming injury; and 

12 (ii) relating to law enforcement re13 porting requirements to provide for excep14 tions to such requirements for victims of 

15 sex trafficking in the same manner as ex16 ceptions are provided to victims of domes17 tic violence or related crimes; and 

18 (4) demand for commercial sex with sex traf19 ficking victims must be deterred through consistent 

20 enforcement of criminal laws against purchasing 

21 commercial sex. 

22 SEC. 4. SEX TRAFFICKING BLOCK GRANTS. 

23 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘Assistant Attorney General’’ 

2 means the Assistant Attorney General for the Office 

3 of Justice Programs of the Department of Justice; 

4 (2) the term ‘‘eligible entity’’ means a State or 

5 unit of local government that— 

6 (A) has significant criminal activity involv7 ing sex trafficking of minors; 

8 (B) has demonstrated cooperation between 

9 State and local law enforcement agencies, pros10 ecutors, and social service providers in address11 ing sex trafficking of minors; 

12 (C) has developed a workable, multi-dis13 ciplinary plan to combat sex trafficking of mi14 nors, including— 

15 (i) the establishment of a shelter for 

16 minor victims of sex trafficking, through 

17 existing or new facilities; 

18 (ii) the provision of rehabilitative care 

19 to minor victims of sex trafficking; 

20 (iii) the provision of specialized train21 ing for law enforcement officers and social 

22 service providers for all forms of sex traf23 ficking, with a focus on sex trafficking of 

24 minors; 


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1 (iv) prevention, deterrence, and pros2 ecution of offenses involving sex trafficking 

3 of minors; 

4 (v) cooperation or referral agreements 

5 with organizations providing outreach or 

6 other related services to runaway and 

7 homeless youth; and 

8 (vi) law enforcement protocols or pro9 cedures to screen all individuals arrested 

10 for prostitution, whether adult or minor, 

11 for victimization by sex trafficking and by 

12 other crimes, such as sexual assault and 

13 domestic violence; 

14 (D) has a victim certification process for 

15 eligibility and access to State-administered 

16 medical care to ensure that minor victims of sex 

17 trafficking who are not eligible for interim as18 sistance under section 107(b)(F) of the Traf19 ficking Victims Protection Act (22 U.S.C. 

20 7105(b)(F)) are granted eligibility for, and 

21 have access to, State-administered medical care 

22 immediately upon certification as such a victim, 

23 or as soon as practicable thereafter but not 

24 later than the period determined by the Assist25 ant Attorney General in consultation with the 


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1 Assistant Secretary for Children and Families 

2 of the Department of Health and Human Serv3 ices; and 

4 (E) provides an assurance that, under the 

5 plan under subparagraph (C), a minor victim of 

6 sex trafficking shall not be required to collabo7 rate with law enforcement to have access to any 

8 shelter or services provided with a grant under 

9 this section; 

10 (3) the term ‘‘minor victim of sex trafficking’’ 

11 means an individual who is— 

12 (A) under the age of 18 years old, and is 

13 a victim of an offense described in section 

14 1591(a) of title 18, United States Code, or a 

15 comparable State law; or 

16 (B) at least 18 years old but not more 

17 than 20 years old, and who, on the day before 

18 the individual attained 18 years of age, was de19 scribed in subparagraph (A) and was receiving 

20 shelter or services as a minor victim of sex traf21 ficking; 

22 (4) the term ‘‘qualified non-governmental orga23 nization’’ means an organization that— 


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1 (A) is not a State or unit of local govern2 ment, or an agency of a State or unit of local 

3 government; 

4 (B) has demonstrated experience providing 

5 services to victims of sex trafficking or related 

6 populations (such as runaway and homeless 

7 youth), or employs staff specialized in the treat8 ment of sex trafficking victims; and 

9 (C) demonstrates a plan to sustain the 

10 provision of services beyond the period of a 

11 grant awarded under this section; and 

12 (5) the term ‘‘sex trafficking of a minor’’ means 

13 an offense described in subsection (a) of section 

14 1591 of title 18, United States Code, the victim of 

15 which is a minor. 

16 (b) GRANTS AUTHORIZED.— 

17 (1) IN GENERAL.—The Assistant Attorney Gen18 eral, in consultation with the Assistant Secretary for 

19 Children and Families of the Department of Health 

20 and Human Services, is authorized to award block 

21 grants to not more than 6 eligible entities in dif22 ferent regions of the United States to combat sex 

23 trafficking, and not fewer than 1 of the block grants 

24 shall be awarded to an eligible entity with a State 

25 population of less than 5,000,000. 


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1 (2) GRANT AMOUNT.—Subject to the avail2 ability of appropriations under subsection (f)(1) to 

3 carry out this subsection, each grant awarded under 

4 this subsection shall be for an amount not less than 

5 $2,000,000 and not greater than $2,500,000. 

6 (3) DURATION.— 

7 (A) IN GENERAL.—A grant awarded under 

8 this section shall be for a period of 1 year. 

9 (B) RENEWAL.— 

10 (i) IN GENERAL.—The Assistant At11 torney General may renew a grant under 

12 this section for two 1-year periods. 

13 (ii) PRIORITY.—In awarding grants in 

14 any fiscal year after the first fiscal year in 

15 which grants are awarded under this sec16 tion, the Assistant Attorney General shall 

17 give priority to applicants that received a 

18 grant in the preceding fiscal year and are 

19 eligible for renewal under this subpara20 graph, taking into account any evaluation 

21 of such applicant conducted pursuant to 

22 subsection (e), if available. 

23 (4) CONSULTATION.—In carrying out this sub24 section, consultation by the Assistant Attorney Gen25 eral with the Assistant Secretary for Children and 


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1 Families of the Department of Health and Human 

2 Services shall include consultation with respect to 

3 grantee evaluations, the avoidance of unintentional 

4 duplication of grants, and any other areas of shared 

5 concern. 

6 (c) USE OF FUNDS.— 

7 (1) ALLOCATION.—For each grant awarded 

8 under subsection (b)— 

9 (A) not less than 50 percent of the funds 

10 shall be used by the eligible entity to provide 

11 shelter and services (as described in subpara12 graphs (A) through (D) of paragraph (2)) to 

13 minor victims of sex trafficking through quali14 fied nongovernmental organizations; and 

15 (B) not less than 10 percent of the funds 

16 shall be awarded by the eligible entity to one or 

17 more qualified nongovernmental organizations 

18 with annual revenues of less than $750,000, to 

19 provide services to minor victims of sex traf20 ficking or training for service providers related 

21 to sex trafficking of minors. 

22 (2) AUTHORIZED ACTIVITIES.—Grants awarded 

23 pursuant to subsection (b) may be used for— 


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1 (A) providing shelter to minor victims of 

2 trafficking, including temporary or long-term 

3 placement as appropriate; 

4 (B) providing 24-hour emergency social 

5 services response for minor victims of sex traf6 ficking; 

7 (C) providing minor victims of sex traf8 ficking with clothing and other daily necessities 

9 needed to keep such victims from returning to 

10 living on the street; 

11 (D) case management services for minor 

12 victims of sex trafficking; 

13 (E) mental health counseling for minor vic14 tims of sex trafficking, including specialized 

15 counseling and substance abuse treatment; 

16 (F) legal services for minor victims of sex 

17 trafficking; 

18 (G) specialized training for law enforce19 ment personnel and social service providers, 

20 specific to issues related to sex trafficking, in21 cluding sex trafficking of minors; 

22 (H) funding salaries, in whole or in part, 

23 for law enforcement officers, including patrol 

24 officers, detectives, and investigators, except 

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1 forcement officer paid for by funds from a 

2 grant awarded under subsection (b) shall not be 

3 more than the percentage of the officer’s time 

4 on duty that is dedicated to working on cases 

5 involving sex trafficking of minors; 

6 (I) funding salaries for State and local 

7 prosecutors, including assisting in paying trial 

8 expenses for prosecution of sex trafficking of9 fenders; 

10 (J) investigation expenses for cases involv11 ing sex trafficking of minors, including— 

12 (i) wire taps; 

13 (ii) consultants with expertise specific 

14 to cases involving sex trafficking of minors; 

15 (iii) travel; and 

16 (iv) any other technical assistance ex17 penditures; 

18 (K) outreach and education programs to 

19 provide information about deterrence and pre20 vention of sex trafficking of minors; and 

21 (L) programs to provide treatment to indi22 viduals charged or cited with purchasing or at23 tempting to purchase sex acts in cases where— 

24 (i) a treatment program can be man25 dated as a condition of a sentence, fine, 


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1 suspended sentence, or probation, or is an 

2 appropriate alternative to criminal prosecu3 tion; and 

4 (ii) the individual was not charged 

5 with purchasing or attempting to purchase 

6 sex acts with a minor. 

7 (3) PROHIBITED ACTIVITIES.—Grants awarded 

8 pursuant to subsection (b) shall not be used for 

9 medical care (as defined in section 2791(a)(2) of the 

10 Public Health Service Act (42 U.S.C. 300gg–91)), 

11 except that grants may be used for mental health 

12 counseling as authorized under paragraph (2)(E). 

13 (d) APPLICATION.— 

14 (1) IN GENERAL.—Each eligible entity desiring 

15 a grant under this Act shall submit an application 

16 to the Assistant Attorney General at such time, in 

17 such manner, and accompanied by such information 

18 as the Assistant Attorney General may reasonably 

19 require. 

20 (2) CONTENTS.—Each application submitted 

21 pursuant to paragraph (1) shall— 

22 (A) describe the activities for which assist23 ance under this section is sought; and 

24 (B) provide such additional assurances as 

25 the Assistant Attorney General determines to 


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1 be essential to ensure compliance with the re2 quirements of this Act. 

3 (e) EVALUATION.—The Assistant Attorney General 

4 shall, in consultation with the Comptroller General of the 

5 United States, enter into a contract with an academic or 

6 non-profit organization that has experience in issues re7 lated to sex trafficking of minors and evaluation of grant 

8 programs to conduct an annual evaluation of grants made 

9 under this section to determine the impact and effective10 ness of programs funded with grants awarded under sub11 section (b). 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—For fis13 cal years 2011 through 2014, there are authorized to be 

14 appropriated, to carry out the provisions of this section, 

15 the following sums: 

16 (1) $45,000,000 to fund grants awarded under 

17 subsection (b). 

18 (2) $1,500,000 to conduct the evaluation under 

19 subsection (e). 

20 (3) $3,500,000 to the Attorney General, to de21 sign and implement improvements to the National 

22 Crime Information Center database of the Federal 

23 Bureau of Investigation, established pursuant to sec24 tion 534 of title 28, United States Code. 


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1 SEC. 5. REPORTING REQUIREMENTS. 

2 (a) REPORTING REQUIREMENT FOR STATE CHILD

3 WELFARE AGENCIES.— 

4 (1) REQUIREMENT FOR STATE CHILD WELFARE

5 AGENCIES TO REPORT CHILDREN MISSING OR AB6 DUCTED.—Section 471(a) of the Social Security Act 

7 (42 U.S.C. 671(a)) is amended— 

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

9 after the semicolon; 

10 (B) in paragraph (33), by striking the pe11 riod and inserting ‘‘; and’’; and 

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

13 following: 

14 ‘‘(34) provides that the State has in effect pro15 cedures that require the State agency to promptly 

16 report information on missing or abducted children 

17 to the law enforcement authorities for entry into the 

18 National Crime Information Center (NCIC) data19 base of the Federal Bureau of Investigation, estab20 lished pursuant to section 534 of title 28, United 

21 States Code.’’. 

22 (2) REGULATIONS.—The Secretary of Health 

23 and Human Services shall promulgate regulations 

24 implementing the amendments made by paragraph 

25 (1). The regulations promulgated under this sub26 section shall include provisions to withhold Federal 


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1 funds from any State that fails to substantially com2 ply with the requirement imposed under the amend3 ments made by paragraph (1). 

4 (3) EFFECTIVE DATE.—The amendment made 

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

6 is 6 months after the date of the enactment of this 

7 Act, without regard to whether final regulations re8 quired under paragraph (2) have been promulgated. 

9 (b) ANNUAL STATISTICAL SUMMARY.—Section 

10 3701(c) of the Crime Control Act of 1990 (42 U.S.C. 

11 5779(c)) is amended by inserting ‘‘, which shall include 

12 the total number of reports received and the total number 

13 of entries made to the National Crime Information Center 

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

15 established pursuant to section 534 of title 28, United 

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

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

18 Control Act of 1990 (42 U.S.C. 5780) is amended in para19 graph (4)— 

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

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

22 photograph taken within the previous 180 days’’ 

23 after ‘‘dental records’’; 

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

25 after the semicolon; 


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1 (4) by redesignating subparagraph (C) as sub2 paragraph (D); and 

3 (5) by inserting after subparagraph (B) the fol4 lowing: 

5 ‘‘(C) notify the National Center for Miss6 ing and Exploited Children of each report re7 ceived relating to a child reported missing from 

8 a foster care family home or childcare institu9 tion; and’’. 

Æ 


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