I 

111TH CONGRESS 

2D SESSION S. 2925 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2010 

Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Oversight and Government Reform, and the 

Budget 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 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Domestic Minor Sex 

3 Trafficking Deterrence and Victims Support Act of 

4 2010’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

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

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

9 criminal enterprise in the world. Human trafficking 

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

11 per year, world wide. 

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

13 an increasing problem. This criminal enterprise vic14 timizes individuals in the United States, many of 

15 them children, who are forced into prostitution, and 

16 foreigners brought into the country, often under 

17 false pretenses, who are coerced into forced labor or 

18 commercial sexual exploitation. 

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

20 areas of human trafficking. Criminal gang members 

21 in the United States are increasingly involved in re22 cruiting young women and girls into sex trafficking. 

23 Interviews with gang members indicate that the 

24 gang members regard working as an individual who 

25 solicits customers for a prostitute (commonly known 

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


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1 drugs, but with a much lower chance of being crimi2 nally convicted. 

3 (4) National Incidence Studies of Missing, Ab4 ducted, Runaway and Throwaway Children, the de5 finitive study of episodes of missing children, found 

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

7 abduction, runaway or throwaway children, the po8 lice are alerted by family or guardians in only 21 

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

10 no report and no police involvement, and therefore 

11 no official attempt to find the child. 

12 (5) In 2007, the Administration of Children 

13 and Families, Department of Health and Human 

14 Services, reported to the Federal Government 

15 265,000 cases of serious physical, sexual, or psycho16 logical abuse of children. 

17 (6) Experts estimate that each year at least 

18 100,000 children in the United States are exploited 

19 through prostitution. 

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

21 at a high risk of becoming exploited through sex 

22 trafficking. Children who have run away multiple 

23 times are at much higher risk of not returning home 

24 and of engaging in prostitution. 


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

2 trafficking have suffered previous sexual or physical 

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

4 family life. These children require a comprehensive 

5 framework of specialized treatment and mental 

6 health counseling that addresses post-traumatic 

7 stress, depression, and sexual exploitation. 

8 (9) The average age of first exploitation 

9 through prostitution is 13. Seventy-five percent of 

10 minors exploited through prostitution have a pimp. 

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

12 sex trafficking victim. 

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

14 varied criminal problem that requires a multi-dis15 ciplinary, cooperative solution. Reducing trafficking 

16 will require the Government to address victims, 

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

18 sex trafficking for law enforcement officers and 

19 prosecutors, and child welfare, public health, and 

20 other social service providers. 

21 (11) Human trafficking is a criminal enterprise 

22 that imposes significant costs on the economy of the 

23 United States. Government and non-profit resources 

24 used to address trafficking include those of law en25 forcement, the judicial and penal systems, and social 


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1 service providers. Without a range of appropriate 

2 treatments to help trafficking victims overcome the 

3 trauma they have experienced, victims will continue 

4 to be exploited by criminals and unable to support 

5 themselves, and will continue to require Government 

6 resources, rather than being productive contributors 

7 to the legitimate economy. 

8 (12) Human trafficking victims are often either 

9 not identified as trafficking victims or are 

10 mischaracterized as criminal offenders. Both private 

11 and public sector personnel play a significant role in 

12 identifying trafficking victims and potential victims, 

13 such as runaways. Examples of such personnel in14 clude hotel staff, flight attendants, health care pro15 viders, educators, and parks and recreation per16 sonnel. Efforts to train these individuals can bolster 

17 law enforcement efforts to reduce human trafficking. 

18 (13) Minor sex trafficking victims are under the 

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

20 to consent to their own commercial sexual exploi21 tation, minor sex trafficking victims should not be 

22 charged as criminal defendants. Instead, minor vic23 tims of sex trafficking should have access to treat24 ment and services to help them recover from their 

25 sexual exploitation, and should also be provided acVerDate Mar 15 2010 03:10 Dec 14, 2010 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2925.RFH S2925

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1 cess to appropriate compensation for harm they have 

2 suffered. 

3 (14) Several States have recently passed or are 

4 considering legislation that establishes a presump5 tion that a minor charged with a prostitution offense 

6 is a severely trafficked person and should instead be 

7 cared for through the child protection system. Some 

8 such legislation also provides support and services to 

9 minor sex trafficking victims who are under the age 

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

11 crisis intervention programs, community-based pro12 grams, and law-enforcement training to help officers 

13 identify minor sex trafficking victims. 

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

15 that occurs only in urban settings. This crime also 

16 exists in rural areas and on Indian reservations. Ef17 forts to address sex trafficking of minors should in18 clude partnerships with organizations that seek to 

19 address the needs of such underserved communities. 

20 SEC. 3. SENSE OF CONGRESS. 

21 It is the sense of the Congress that— 

22 (1) the Attorney General should implement 

23 changes to the National Crime Information Center 

24 database to ensure that— 


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1 (A) a child entered into the database will 

2 be automatically designated as an endangered 

3 juvenile if the child has been reported missing 

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

5 (B) the database is programmed to cross6 reference newly entered reports with historical 

7 records already in the database; and 

8 (C) the database is programmed to include 

9 a visual cue on the record of a child designated 

10 as an endangered juvenile to assist law enforce11 ment officers in recognizing the child and pro12 viding the child with appropriate care and serv13 ices; 

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

15 of title I of the Omnibus Crime Control and Safe 

16 Streets Act of 1968 (42 U.S.C. 3750 et seq.) (com17 monly known as Byrne Grants) should be used to 

18 provide education, training, deterrence, and preven19 tion programs relating to sex trafficking of minors; 

20 (3) States should— 

21 (A) treat minor victims of sex trafficking 

22 as crime victims rather than as criminal defend23 ants or juvenile delinquents; 

24 (B) adopt laws that— 


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1 (i) establish the presumption that a 

2 child under the age of 18 who is charged 

3 with a prostitution offense is a minor vic4 tim of sex trafficking; 

5 (ii) avoid the criminal charge of pros6 titution for such a child, and instead con7 sider such a child a victim of crime and 

8 provide the child with appropriate services 

9 and treatment; and 

10 (iii) strengthen criminal provisions 

11 prohibiting the purchasing of commercial 

12 sex acts, especially with minors; 

13 (C) amend State statutes and regula14 tions— 

15 (i) relating to crime victim compensa16 tion to make eligible for such compensation 

17 any individual who is a victim of sex traf18 ficking as defined in section 1591(a) of 

19 title 18, United States Code, or a com20 parable State law against commercial sex21 ual exploitation of children, and who would 

22 otherwise be ineligible for such compensa23 tion due to participation in prostitution ac24 tivities because the individual is deter25 mined to have contributed to, consented to, 


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1 benefitted from, or otherwise participated 

2 as a party to the crime for which the indi3 vidual is claiming injury; and 

4 (ii) relating to law enforcement re5 porting requirements to provide for excep6 tions to such requirements for victims of 

7 sex trafficking in the same manner as ex8 ceptions are provided to victims of domes9 tic violence or related crimes; and 

10 (4) demand for commercial sex with sex traf11 ficking victims must be deterred through consistent 

12 enforcement of criminal laws against purchasing 

13 commercial sex. 

14 SEC. 4. SEX TRAFFICKING BLOCK GRANTS. 

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

16 Victims Protection Reauthorization Act of 2005 (42 

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

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

19 COMBAT TRAFFICKING IN PERSONS. 

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

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

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

23 means the Assistant Attorney General for the 

24 Office of Justice Programs of the Department 

25 of Justice; 


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

2 State or unit of local government that— 

3 ‘‘(i) has significant criminal activity 

4 involving sex trafficking of minors; 

5 ‘‘(ii) has demonstrated cooperation be6 tween State, local, and, where applicable, 

7 tribal law enforcement agencies, prosecu8 tors, and social service providers in ad9 dressing sex trafficking of minors; 

10 ‘‘(iii) has developed a workable, multi11 disciplinary plan to combat sex trafficking 

12 of minors, including— 

13 ‘‘(I) the establishment of a shel14 ter for minor victims of sex traf15 ficking, through existing or new facili16 ties; 

17 ‘‘(II) the provision of rehabilita18 tive care to minor victims of sex traf19 ficking; 

20 ‘‘(III) the provision of specialized 

21 training for law enforcement officers 

22 and social service providers for all 

23 forms of sex trafficking, with a focus 

24 on sex trafficking of minors; 


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1 ‘‘(IV) prevention, deterrence, and 

2 prosecution of offenses involving sex 

3 trafficking of minors; 

4 ‘‘(V) cooperation or referral 

5 agreements with organizations pro6 viding outreach or other related serv7 ices to runaway and homeless youth; 

8 and 

9 ‘‘(VI) law enforcement protocols 

10 or procedures to screen all individuals 

11 arrested for prostitution, whether 

12 adult or minor, for victimization by 

13 sex trafficking and by other crimes, 

14 such as sexual assault and domestic 

15 violence; and 

16 ‘‘(iv) provides an assurance that, 

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

18 victim of sex trafficking shall not be re19 quired to collaborate with law enforcement 

20 to have access to any shelter or services 

21 provided with a grant under this section; 

22 ‘‘(C) the term ‘minor victim of sex traf23 ficking’ means an individual who is— 

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

25 and is a victim of an offense described in 


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

2 Code, or a comparable State law; or 

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

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

5 day before the individual attained 18 years 

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

7 receiving shelter or services as a minor vic8 tim of sex trafficking; 

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

10 organization’ means an organization that— 

11 ‘‘(i) is not a State or unit of local gov12 ernment, or an agency of a State or unit 

13 of local government; 

14 ‘‘(ii) has demonstrated experience pro15 viding services to victims of sex trafficking 

16 or related populations (such as runaway 

17 and homeless youth), or employs staff spe18 cialized in the treatment of sex trafficking 

19 victims; and 

20 ‘‘(iii) demonstrates a plan to sustain 

21 the provision of services beyond the period 

22 of a grant awarded under this section; and 

23 ‘‘(E) the term ‘sex trafficking of a minor’ 

24 means an offense described in subsection (a) of 


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1 section 1591 of title 18, United States Code, 

2 the victim of which is a minor. 

3 ‘‘(2) GRANTS AUTHORIZED.— 

4 ‘‘(A) IN GENERAL.—The Assistant Attor5 ney General, in consultation with the Assistant 

6 Secretary for Children and Families of the De7 partment of Health and Human Services, is au8 thorized to award block grants to 6 eligible en9 tities in different regions of the United States 

10 to combat sex trafficking, and not fewer than 1 

11 of the block grants shall be awarded to an eligi12 ble entity with a State population of less than 

13 5,000,000. Each eligible entity awarded a block 

14 grant under this subparagraph shall certify that 

15 Federal funds received under the block grant 

16 will be used to combat only interstate sex traf17 ficking. 

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

19 availability of appropriations under subsection 

20 (g) to carry out this section, each grant award21 ed under this section shall be for an amount 

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

23 $2,500,000. 

24 ‘‘(C) DURATION.— 


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1 ‘‘(i) IN GENERAL.—A grant awarded 

2 under this section shall be for a period of 

3 1 year. 

4 ‘‘(ii) RENEWAL.— 

5 ‘‘(I) IN GENERAL.—The Assist6 ant Attorney General may renew a 

7 grant under this section for two 1- 

8 year periods. 

9 ‘‘(II) PRIORITY.—In awarding 

10 grants in any fiscal year after the 

11 first fiscal year in which grants are 

12 awarded under this section, the As13 sistant Attorney General shall give 

14 priority to applicants that received a 

15 grant in the preceding fiscal year and 

16 are eligible for renewal under this 

17 subparagraph, taking into account 

18 any evaluation of such applicant con19 ducted pursuant to paragraph (5), if 

20 available. 

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

22 this section, consultation by the Assistant At23 torney General with the Assistant Secretary for 

24 Children and Families of the Department of 

25 Health and Human Services shall include conVerDate Mar 15 2010 03:10 Dec 14, 2010 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2925.RFH S2925

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1 sultation with respect to grantee evaluations, 

2 the avoidance of unintentional duplication of 

3 grants, and any other areas of shared concern. 

4 ‘‘(3) USE OF FUNDS.— 

5 ‘‘(A) ALLOCATION.—For each grant 

6 awarded under paragraph (2)— 

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

8 funds shall be used by the eligible entity to 

9 provide shelter and services (as described 

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

11 (B)) to minor victims of sex trafficking 

12 through qualified nongovernmental organi13 zations; and 

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

15 funds shall be awarded by the eligible enti16 ty to one or more qualified nongovern17 mental organizations with annual revenues 

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

19 to minor victims of sex trafficking or train20 ing for service providers related to sex traf21 ficking of minors. 

22 ‘‘(B) AUTHORIZED ACTIVITIES.—Grants 

23 awarded pursuant to paragraph (2) may be 

24 used for— 


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1 ‘‘(i) providing shelter to minor victims 

2 of trafficking, including temporary or long3 term placement as appropriate; 

4 ‘‘(ii) providing 24-hour emergency so5 cial services response for minor victims of 

6 sex trafficking; 

7 ‘‘(iii) providing minor victims of sex 

8 trafficking with clothing and other daily 

9 necessities needed to keep such victims 

10 from returning to living on the street; 

11 ‘‘(iv) case management services for 

12 minor victims of sex trafficking; 

13 ‘‘(v) mental health counseling for 

14 minor victims of sex trafficking, including 

15 specialized counseling and substance abuse 

16 treatment; 

17 ‘‘(vi) legal services for minor victims 

18 of sex trafficking; 

19 ‘‘(vii) specialized training for law en20 forcement personnel, social service pro21 viders, and public and private sector per22 sonnel likely to encounter sex trafficking 

23 victims on issues related to the sex traf24 ficking of minors; 


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

2 part, for law enforcement officers, includ3 ing patrol officers, detectives, and inves4 tigators, except that the percentage of the 

5 salary of the law enforcement officer paid 

6 for by funds from a grant awarded under 

7 paragraph (2) shall not be more than the 

8 percentage of the officer’s time on duty 

9 that is dedicated to working on cases in10 volving sex trafficking of minors; 

11 ‘‘(ix) funding salaries for State and 

12 local prosecutors, including assisting in 

13 paying trial expenses for prosecution of sex 

14 trafficking offenders; 

15 ‘‘(x) investigation expenses for cases 

16 involving sex trafficking of minors, includ17 ing— 

18 ‘‘(I) wire taps; 

19 ‘‘(II) consultants with expertise 

20 specific to cases involving sex traf21 ficking of minors; 

22 ‘‘(III) travel; and 

23 ‘‘(IV) any other technical assist24 ance expenditures; 


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1 ‘‘(xi) outreach and education pro2 grams to provide information about deter3 rence and prevention of sex trafficking of 

4 minors; and 

5 ‘‘(xii) programs to provide treatment 

6 to individuals charged or cited with pur7 chasing or attempting to purchase sex acts 

8 in cases where— 

9 ‘‘(I) a treatment program can be 

10 mandated as a condition of a sen11 tence, fine, suspended sentence, or 

12 probation, or is an appropriate alter13 native to criminal prosecution; and 

14 ‘‘(II) the individual was not 

15 charged with purchasing or attempt16 ing to purchase sex acts with a minor. 

17 ‘‘(4) APPLICATION.— 

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

19 desiring a grant under this section shall submit 

20 an application to the Assistant Attorney Gen21 eral at such time, in such manner, and accom22 panied by such information as the Assistant At23 torney General may reasonably require. 

24 ‘‘(B) CONTENTS.—Each application sub25 mitted pursuant to subparagraph (A) shall— 


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1 ‘‘(i) describe the activities for which 

2 assistance under this section is sought; and 

3 ‘‘(ii) provide such additional assur4 ances as the Assistant Attorney General 

5 determines to be essential to ensure com6 pliance with the requirements of this sec7 tion. 

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

9 General shall enter into a contract with an academic 

10 or non-profit organization that has experience in 

11 issues related to sex trafficking of minors and eval12 uation of grant programs to conduct an annual eval13 uation of grants made under this section to deter14 mine the impact and effectiveness of programs fund15 ed with grants awarded under paragraph (2). 

16 ‘‘(b) MANDATORY EXCLUSION.—Any grantee award17 ed funds under this section that is found to have utilized 

18 grant funds for any unauthorized expenditure or otherwise 

19 unallowable cost shall not be eligible for any grant funds 

20 awarded under the block grant for 2 fiscal years following 

21 the year in which the unauthorized expenditure or unal22 lowable cost is reported. 

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

24 not be eligible to receive a grant under this section if with25 in the last 5 fiscal years, the grantee has been found to 


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1 have violated the terms or conditions of a Government 

2 grant program by utilizing grant funds for unauthorized 

3 expenditures or otherwise unallowable costs. 

4 ‘‘(d) ADMINISTRATIVE CAP.—The cost of admin5 istering the grants authorized by this section shall not ex6 ceed 3 percent of the total amount appropriated to carry 

7 out this section. 

8 ‘‘(e) AUDIT REQUIREMENT.—For fiscal years 2012 

9 and 2013, the Inspector General of the Department of 

10 Justice shall conduct an audit of all 6 grantees awarded 

11 block grants under this section. 

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

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

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

15 50 percent inj the third year. 

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

17 are authorized to be appropriated to the Attorney General 

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

19 years 2012 through 2014.’’. 

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

21 date of enactment of this Act, section 204 of the Traf22 ficking Victims Protection Reauthorization Act of 2005 

23 (42 U.S.C. 14044c) is amended to read as it read on the 

24 day before the date of enactment of this Act. 


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

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

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

4 submit to Congress a report evaluating the impact of this 

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

6 victims of sex trafficking in the United States and increas7 ing the ability of law enforcement agencies to prosecute 

8 sex trafficking offenders, which shall include recommenda9 tions, if any, regarding any legislative or administrative 

10 action the Comptroller General determines appropriate. 

11 SEC. 5. REPORTING REQUIREMENTS. 

12 (a) REPORTING REQUIREMENT FOR STATE CHILD

13 WELFARE AGENCIES.— 

14 (1) REQUIREMENT FOR STATE CHILD WELFARE

15 AGENCIES TO REPORT CHILDREN MISSING OR AB16 DUCTED.—Section 471(a) of the Social Security Act 

17 (42 U.S.C. 671(a)) is amended— 

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

19 after the semicolon; 

20 (B) in paragraph (33), by striking the pe21 riod and inserting ‘‘; and’’; and 

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

23 following: 

24 ‘‘(34) provides that the State has in effect pro25 cedures that require the State agency to promptly 


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1 report information on missing or abducted children 

2 to the law enforcement authorities for entry into the 

3 National Crime Information Center (NCIC) data4 base of the Federal Bureau of Investigation, estab5 lished pursuant to section 534 of title 28, United 

6 States Code.’’. 

7 (2) REGULATIONS.—The Secretary of Health 

8 and Human Services shall promulgate regulations 

9 implementing the amendments made by paragraph 

10 (1). The regulations promulgated under this sub11 section shall include provisions to withhold Federal 

12 funds from any State that fails to substantially com13 ply with the requirement imposed under the amend14 ments made by paragraph (1). 

15 (3) EFFECTIVE DATE.—The amendment made 

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

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

18 Act, without regard to whether final regulations re19 quired under paragraph (2) have been promulgated. 

20 (b) ANNUAL STATISTICAL SUMMARY.—Section 

21 3701(c) of the Crime Control Act of 1990 (42 U.S.C. 

22 5779(c)) is amended by inserting ‘‘, which shall include 

23 the total number of reports received and the total number 

24 of entries made to the National Crime Information Center 

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


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1 established pursuant to section 534 of title 28, United 

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

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

4 Control Act of 1990 (42 U.S.C. 5780) is amended in para5 graph (4)— 

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

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

8 photograph taken within the previous 180 days’’ 

9 after ‘‘dental records’’; 

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

11 after the semicolon; 

12 (4) by redesignating subparagraph (C) as sub13 paragraph (D); and 

14 (5) by inserting after subparagraph (B) the fol15 lowing: 

16 ‘‘(C) notify the National Center for Miss17 ing and Exploited Children of each report re18 ceived relating to a child reported missing from 

19 a foster care family home or childcare institu20 tion; and’’. 

21 SEC. 6. PROTECTION FOR CHILD TRAFFICKING VICTIMS 

22 AND SURVIVORS. 

23 Section 225(b) of the Trafficking Victims Reauthor24 ization Act of 2008 (22 U.S.C. 7101 note) is amended— 


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

2 end; 

3 (2) by redesignating paragraph (2) as para4 graph (3); and 

5 (3) by inserting after paragraph (1) the fol6 lowing: 

7 ‘‘(2) protects children exploited through pros8 titution by including safe harbor provisions that— 

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

10 age who has been arrested for offering to en11 gage in or engaging in a sexual act with an12 other person in exchange for monetary com13 pensation as a victim of a severe form of traf14 ficking in persons; 

15 ‘‘(B) prohibit the charging or prosecution 

16 of an individual described in subparagraph (A) 

17 for a prostitution offense; 

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

19 described in subparagraph (A) to comprehensive 

20 service or community-based programs that pro21 vide assistance to child victims of commercial 

22 sexual exploitation, to the extent that com23 prehensive service or community-based pro24 grams exist; and 


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1 ‘‘(D) provide that an individual described 

2 in subparagraph (A) shall not be required to 

3 prove fraud, force, or coercion in order to re4 ceive the protections described under this para5 graph; and’’. 

6 SEC. 7. SUBPOENA AUTHORITY. 

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

8 amended— 

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

10 the end; 

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

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

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

14 ‘‘(C) issue administrative subpoenas in accord15 ance with section 3486 of title 18, solely for the pur16 pose of investigating unregistered sex offenders (as 

17 defined in such section 3486).’’. 

18 SEC. 8. PROTECTION OF CHILD WITNESSES. 

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

20 amended— 

21 (1) in subsection (b)— 

22 (A) in paragraph (1)— 

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

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


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

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

3 appears; 

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

5 and (4) as paragraphs (3), (4), and (5), respec6 tively; 

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

8 following: 

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

10 court shall issue a protective order prohibiting harassment 

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

12 finds evidence that the conduct at issue is reasonably like13 ly to adversely affect the willingness of the minor witness 

14 or victim to testify or otherwise participate in the Federal 

15 criminal case or investigation. Any hearing regarding a 

16 protective order under this paragraph shall be conducted 

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

18 the court may issue an ex parte emergency protective 

19 order in advance of a hearing if exigent circumstances are 

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

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

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

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

24 by striking ‘‘(and not by reference to the com25 plaint or other document)’’; and 


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

2 in the second sentence, by inserting before the 

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

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

5 court may order that such protective order ex6 pires on the later of 3 years after the date of 

7 issuance or the date of the eighteenth birthday 

8 of that minor victim or witness’’; and 

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

10 following: 

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

12 attempts to violate an order issued under this section shall 

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

14 years, or both. 

15 ‘‘(d)(1) As used in this section— 

16 ‘‘(A) the term ‘course of conduct’ means a se17 ries of acts over a period of time, however short, in18 dicating a continuity of purpose; 

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

20 or course of conduct directed at a specific person 

21 that— 

22 ‘‘(i) causes substantial emotional distress 

23 in such person; and 

24 ‘‘(ii) serves no legitimate purpose; 


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

2 the meaning given that term in section 115 and in3 cludes grandchildren; 

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

5 act or course of conduct directed at a specific person 

6 that— 

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

8 person; and 

9 ‘‘(ii) serves no legitimate purpose; 

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

11 has the meaning give that term in section 119; 

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

13 of threatening, retaliatory, harassing, or violent con14 duct that is reasonably likely to influence the will15 ingness of a victim or witness to testify or partici16 pate in a Federal criminal case or investigation; and 

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

18 or witness in a Federal criminal case or investiga19 tion, and includes an immediate family member of 

20 such a victim or witness. 

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

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

23 to rebuttal by the person, that the distribution or publica24 tion using the Internet of a photograph of, or restricted 

25 personal information regarding, a specific person serves 


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1 no legitimate purpose, unless that use is authorized by 

2 that specific person, is for news reporting purposes, is de3 signed to locate that specific person (who has been re4 ported to law enforcement as a missing person), or is part 

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

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

7 security investigation.’’. 

8 SEC. 9. SENTENCING GUIDELINES. 

9 Pursuant to its authority under section 994 of title 

10 28, United States Code, and in accordance with this sec11 tion, the United States Sentencing Commission shall re12 view and amend the Federal sentencing guidelines and 

13 policy statements to ensure— 

14 (1) that the guidelines provide an additional 

15 penalty increase of up to 8 offense levels, if appro16 priate, above the sentence otherwise applicable in 

17 Part J of the Guidelines Manual if the defendant 

18 was convicted of a violation of section 1591 of title 

19 18, United States Code, or chapters 109A, 109B, 

20 110 or 117 of title 18, United States Code; and 

21 (2) if the offense described in paragraph (1) in22 volved causing or threatening to cause physical in23 jury to a person under 18 years of age, in order to 

24 obstruct the administration of justice, an additional 

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


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1 above the sentence otherwise applicable in Part J of 

2 the Guidelines Manual. 

3 SEC. 10. MINIMUM PENALTIES FOR POSSESSION OF CHILD 

4 PORNOGRAPHY. 

5 (a) CERTAIN ACTIVITIES RELATING TO MATERIAL

6 INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 

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

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

9 visual depiction involved in the offense involved a pre10 pubescent minor or a minor who had not attained 12 years 

11 of age, such person shall be fined under this title and im12 prisoned for not less than 1 year nor more than 20 years, 

13 or if’’. 

14 (b) CERTAIN ACTIVITIES RELATING TO MATERIAL

15 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

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

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

18 image of child pornography involved in the offense in19 volved a prepubescent minor or a minor who had not at20 tained 12 years of age, such person shall be fined under 

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

22 than 20 years, or if’’. 

23 SEC. 11. ADMINISTRATIVE SUBPOENAS. 

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

25 United States Code, is amended— 


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1 (1) in subparagraph (A)— 

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

3 end; 

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

5 (iii); and 

6 (C) by inserting after clause (i) the fol7 lowing: 

8 ‘‘(ii) an unregistered sex offender con9 ducted by the United States Marshals 

10 Service, the Director of the United States 

11 Marshals Service; or’’; and 

12 (2) in subparagraph (D)— 

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

14 inserting the following: ‘‘paragraph— 

15 ‘‘(i) the term’’; 

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

17 inserting ‘‘; and’’; and 

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

19 ‘‘(ii) the term ‘sex offender’ means an indi20 vidual required to register under the Sex Offender 

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

22 et seq.).’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 Section 3486(a) of title 18, United States Code, is amend25 ed— 


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

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

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

4 and inserting ‘‘(1)(A)(iii)’’; and 

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

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

7 SEC. 12. REDUCING UNNECESSARY PRINTING AND PUB8 LISHING COSTS OF GOVERNMENT DOCU9 MENTS. 

10 Not later than 180 days after the date of enactment 

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

12 Budget shall coordinate with the heads of Federal depart13 ments and independent agencies to— 

14 (1) determine which Government publications 

15 could be available on Government websites and no 

16 longer printed and to devise a strategy to reduce 

17 overall Government printing costs beginning with fis18 cal year 2012, except that the Director shall ensure 

19 that essential printed documents prepared for Social 

20 Security recipients, Medicare beneficiaries, and other 

21 populations in areas with limited internet access or 

22 use continue to remain available; 

23 (2) establish government-wide Federal guide24 lines on employee printing; 


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1 (3) issue on the Office of Management and 

2 Budget’s public website the results of a cost-benefit 

3 analysis on implementing a digital signature system 

4 and on establishing employee printing identification 

5 systems, such as the use of individual employee 

6 cards or codes, to monitor the amount of printing 

7 done by Federal employees, except that the Director 

8 of the Office of Management and Budget shall en9 sure that Federal employee printing costs unrelated 

10 to national defense, homeland security, border secu11 rity, national disasters, and other emergencies do 

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

13 2012 through 2014; and 

14 (4) issue guidelines requiring every department, 

15 agency, commission or office to list at a prominent 

16 place near the beginning of each publication distrib17 uted to the public and issued or paid for by the Fed18 eral Government the following: 

19 (A) The name of the issuing agency, de20 partment, commission or office. 

21 (B) The total number of copies of the doc22 ument printed. 

23 (C) The collective cost of producing and 

24 printing all of the copies of the document. 


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1 (D) The name of the firm publishing the 

2 document. 

3 SEC. 13. BUDGETARY EFFECTS. 

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

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

6 shall be determined by reference to the latest statement 

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

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the Senate Budget Committee, pro10 vided that such statement has been submitted prior to the 

11 vote on passage. 

Passed the Senate December 9, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 


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