II 

Calendar No. 581 

111TH CONGRESS 

2D SESSION S. 2925 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 22, 2009 

Mr. WYDEN (for himself, Mr. CORNYN, Mr. FRANKEN, Mr. MERKLEY, Ms. 

CANTWELL, Mr. SCHUMER, Mr. DURBIN, and Mr. HARKIN) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

SEPTEMBER 22, 2010 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 ‘‘Trafficking Deterrence 

5 and Victims Support Act of 2009’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

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

4 is the fastest-growing, and second largest, criminal 

5 enterprise in the world. Human trafficking generates 

6 an estimated profit of $32,000,000,000 per year, 

7 world wide. 

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

9 an increasing problem. This criminal enterprise in10 cludes citizens of the United States, many of them 

11 children, who are forced into prostitution, and for12 eigners brought into the country, often under false 

13 pretenses, who are coerced into forced labor or com14 mercial sexual exploitation. 

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

16 areas of human trafficking. Criminal gang members 

17 in the United States are increasingly involved in re18 cruiting young women and girls into sex trafficking. 

19 Interviews with gang members indicate that the 

20 gang members regard working as an individual who 

21 solicits customers for a prostitute (commonly known 

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

23 drugs, but with a much lower chance of being crimi24 nally convicted. 

25 (4) Minors in the United States are highly vul26 nerable for sexual exploitation and sex trafficking. 


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1 As many as 2,800,000 children live on the streets. 

2 Of the estimated 1,600,000 children who run away 

3 each year, 77 percent return home within 1 week. 

4 However, 33 percent of children who run away are 

5 lured into prostitution within 48 hours of leaving 

6 home. 

7 (5) National Incidence Studies of Missing, Ab8 ducted, Runaway and Throwaway Children, the de9 finitive study of episodes of missing children, found 

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

11 abduction, runaway or throwaway children, the po12 lice are alerted by family or guardians in only 21 

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

14 no report and no police involvement, and therefore 

15 no official attempt to find the child. 

16 (6) In 2007, the Administration of Children 

17 and Families, Department of Health and Human 

18 Services, reported to the Federal Government 

19 265,000 cases of serious physical, sexual, or psycho20 logical abuse of children. 

21 (7) Experts estimate that over 100,000 children 

22 in the United States are at risk for prostitution. 

23 (8) Children who have run away from home are 

24 at a high risk of becoming involved in sex traf25 ficking. Children who have run away multiple times 


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1 are at much higher risk of not returning home and 

2 of engaging in prostitution. 

3 (9) The vast majority of children involved in sex 

4 trafficking have suffered previous sexual or physical 

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

6 family life. These children require a comprehensive 

7 framework of specialized treatment and mental 

8 health counseling that addresses post-traumatic 

9 stress, depression, and sexual exploitation. 

10 (10) The average age of entry into prostitution 

11 is 12. Seventy-five percent of minors engaged in 

12 prostitution have a pimp. A pimp can earn $200,000 

13 per year prostituting 1 trafficking victim. 

14 (11) Sex trafficking is a complex and varied 

15 criminal problem that requires a multi-disciplinary, 

16 cooperative solution. Reducing trafficking will re17 quire the Government to address victims, pimps, and 

18 johns; and to provide training specific to sex traf19 ficking for law enforcement officers and prosecutors, 

20 and child welfare, public health, and other social 

21 service providers. A good model for this type of ap22 proach is the Internet Crimes Against Children task 

23 force program. 

24 (12) Human trafficking is a criminal enterprise 

25 that imposes significant costs on the economy of the 


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1 United States. Government and non-profit resources 

2 used to address trafficking include those of law en3 forcement, the judicial and penal systems, and social 

4 service providers. Without a range of appropriate 

5 treatments to help trafficking victims overcome the 

6 trauma they have experienced, victims will continue 

7 to be involved in crime, unable to support them8 selves, and continue to require Government re9 sources rather than being productive contributors to 

10 the legitimate economy. 

11 (13) Many domestic minor sex trafficking vic12 tims are younger than 18 years old and are below 

13 the age of consent. Because trafficking victims have 

14 been forced to engage in prostitution rather than 

15 willfully to committing a crime, these victims should 

16 not be charged as criminal defendants. Instead, 

17 these victims of trafficking should have access to 

18 treatment and services to help them escape and 

19 overcome being sexually exploited, and should also 

20 be allowed to seek appropriate remuneration from 

21 crime victims’ compensation funds. 

22 (14) The State of New York has adopted a safe 

23 harbor law that establishes a presumption a minor 

24 charged with a prostitution offense is a severely traf25 ficked person. This law allows the child to avoid 


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1 criminal charges of prostitution and instead be con2 sidered a ‘‘person in need of supervision.’’ The stat3 ute also provides support and services to sexually ex4 ploited youth who are under the age of 18 years old. 

5 These services include safe houses, crisis interven6 tion programs, community-based programs, and law7 enforcement training to help officers identify sexu8 ally exploited youth. 

9 (15) Sex trafficking is not a problem that oc10 curs only in urban settings. This crime exists also in 

11 rural areas and on Indian reservations. Efforts to 

12 address sex trafficking should include partnerships 

13 with organizations that seek to address the needs of 

14 such under-served communities. 

15 SEC. 3. SENSE OF THE SENATE. 

16 It is the sense of the Senate that— 

17 (1) the Attorney General should implement 

18 changes to the National Crime Information Center 

19 database in order to ensure that— 

20 (A) a child entered into the database will 

21 be automatically designated as an endangered 

22 juvenile if the child has been reported missing 

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


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1 (B) the database be programmed to cross2 reference newly entered reports with historical 

3 records already in the database; and 

4 (C) the database be programmed to in5 clude a visual cue on the record of a child des6 ignated as an endangered juvenile in order to 

7 assist law enforcement officers in recognizing 

8 the child and providing the child with appro9 priate care and services; and 

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

11 of title I of the Omnibus Crime Control and Safe 

12 Streets Act of 1968 (42 U.S.C. 3750 et seq.) (com13 monly known as Byrne Grants) should be used to 

14 provide programs relating to sex trafficking edu15 cation, training, deterrence, and prevention. 

16 SEC. 4. SEX TRAFFICKING BLOCK GRANTS. 

17 (a) DEFINITIONS.—In this section— 

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

19 means the Assistant Attorney General for the Office 

20 of Justice Programs of the Department of Justice; 

21 (2) the term ‘‘domestic minor’’ means an indi22 vidual who is— 

23 (A) a citizen of the United States or a law24 ful permanent resident of the United States; 

25 and 


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1 (B) under the age of 18 years old; and 

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

3 unit of local government that— 

4 (A) has significant sex trafficking activity; 

5 (B) has demonstrated cooperation between 

6 State and local law enforcement agencies, pros7 ecutors, and social service providers in address8 ing sex trafficking; and 

9 (C) has developed a workable, multi-dis10 ciplinary plan to combat sex trafficking, includ11 ing— 

12 (i) the establishment of a shelter for 

13 sex trafficking victims; 

14 (ii) the provision of comprehensive 

15 services to domestic minor victims; 

16 (iii) the provision of specialized train17 ing for law enforcement officers and social 

18 service providers; and 

19 (iv) deterrence and prosecution of sex 

20 trafficking offenses. 

21 (b) GRANTS AUTHORIZED.— 

22 (1) IN GENERAL.—The Assistant Attorney Gen23 eral is authorized to award 6 block grants to eligible 

24 entities in different regions of the United States to 

25 combat sex trafficking, and not less than 1 of the 


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1 block grants shall be awarded to an eligible entity 

2 with a State population of less than 5,000,000. 

3 (2) GRANT AMOUNT.—Each grant awarded 

4 under this section shall be in the amount of 

5 $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.—The Secretary may renew 

10 a grant under this section for two 1-year peri11 ods. 

12 (c) USE OF FUNDS.— 

13 (1) ALLOCATION.—For each grant awarded 

14 under subsection (b)— 

15 (A) not less than 25 percent of the funds 

16 shall be used to provide shelter and services to 

17 victims of sex trafficking; and 

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

19 shall be awarded by the eligible entity to a sub20 contractor with annual revenues of less than 

21 $750,000, to provide services to victims of sex 

22 trafficking or training for law enforcement and 

23 social service providers. 


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1 (2) OTHER ACTIVITIES.—Grants awarded pur2 suant to subsection (b) may be used for activities 

3 such as— 

4 (A) providing shelter to domestic minor 

5 trafficking victims, including temporary or long6 term placement as appropriate; 

7 (B) providing trafficking victims with 

8 clothing and other daily necessities needed to 

9 keep the trafficking victims from returning to 

10 living on the street; 

11 (C) counseling and legal services for vic12 tims of sex trafficking, including substance 

13 abuse treatment, trauma-informed care, and 

14 sexual abuse or other mental health counseling; 

15 (D) specialized training for law enforce16 ment personnel and social service providers, 

17 specific to sex trafficking issues; 

18 (E) funding salaries, in whole or in part, 

19 for law enforcement officers, including patrol 

20 officers; detectives; and investigators; provided 

21 that the percentage of the salary of the law en22 forcement officer paid for by funds from a 

23 grant awarded under subsection (b) shall be no 

24 less than the percentage of the time dedicated 


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1 to working on sex trafficking cases by the law 

2 enforcement officer; 

3 (F) funding salaries for State and local 

4 prosecutors, including assisting in paying trial 

5 expenses for prosecution of sex trafficking law 

6 offenders; 

7 (G) investigation expenses, including— 

8 (i) wire taps; 

9 (ii) consultants with expertise specific 

10 to sex trafficking cases; 

11 (iii) travel; and 

12 (iv) any other technical assistance ex13 penditures; and 

14 (H) outreach and education programs to 

15 provide information about deterrence and pre16 vention of sex trafficking, including programs 

17 to provide treatment to men charged with solici18 tation of prostitution in cases where— 

19 (i) a treatment program is an appro20 priate alternative to criminal prosecution; 

21 and 

22 (ii) the men were not charged with so23 licitation of sex with a minor. 

24 (d) APPLICATION.— 


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

2 a grant under this Act shall submit an application 

3 to the Assistant Attorney General at such time, in 

4 such manner, and accompanied by such information 

5 as the Assistant Attorney General may reasonably 

6 require. 

7 (2) CONTENTS.—Each application submitted 

8 pursuant to paragraph (1) shall— 

9 (A) describe the activities for which assist10 ance under this section is sought; and 

11 (B) provide such additional assurances as 

12 the Secretary determines to be essential to en13 sure compliance with the requirements of this 

14 Act. 

15 (e) EVALUATION.—The Assistant Attorney General 

16 shall, in consultation with the Comptroller General of the 

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

18 non-profit organization that has experience in sex traf19 ficking issues and evaluation of grant programs to conduct 

20 an annual evaluation of grants made under this section 

21 to determine the impact and effectiveness of programs 

22 funded with grants awarded under subsection (b). 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—For fis24 cal years 2011 through 2014, there are authorized to be 


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

2 the following sums: 

3 (1) $45,000,000 to fund grants awarded under 

4 subsection (b). 

5 (2) $1,500,000 to conduct the evaluation under 

6 subsection (e). 

7 (3) $3,500,000 to the Attorney General, to de8 sign and implement improvements to the NCIC 

9 database. 

10 SEC. 5. REPORTING REQUIREMENTS. 

11 (a) REPORTING REQUIREMENT FOR STATE CHILD

12 WELFARE AGENCIES.— 

13 (1) REQUIREMENT FOR STATE CHILD WELFARE

14 AGENCIES TO REPORT CHILDREN MISSING OR AB15 DUCTED.—Section 471(a) of the Social Security Act 

16 (42 U.S.C. 671(a)) is amended— 

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

18 after the semicolon; 

19 (B) in paragraph (33), by striking the pe20 riod and inserting ‘‘; and’’; and 

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

22 following: 

23 ‘‘(34) provides that the State has in effect pro24 cedures that require the State agency to promptly 

25 report information on missing or abducted children 


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1 to the law enforcement authorities for entry into the 

2 National Crime Information Center (NCIC) data3 base.’’. 

4 (2) REGULATIONS.—The Secretary of Health 

5 and Human Services shall promulgate regulations 

6 implementing the amendment made by paragraph 

7 (1). The regulations promulgated under this sub8 section shall include provisions to withhold Federal 

9 funds to any State that fails to substantially comply 

10 with the requirement imposed under the amendment 

11 made by paragraph (1). 

12 (3) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall take effect on October 1, 

14 2010, without regard to whether final regulations re15 quired under paragraph (2) have been promulgated 

16 by that date. 

17 (b) ANNUAL STATISTICAL SUMMARY.—Section 

18 3701(c) of the Crime Control Act of 1990 (42 U.S.C. 

19 5779(c)) is amended by inserting ‘‘, that includes the total 

20 number of reports received and the total number of entries 

21 made to the National Crime Information Center (NCIC) 

22 database’’ after ‘‘of this title’’. 

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

24 Control Act of 1990 (42 U.S.C. 5780) is amended in para25 graph (4)— 


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

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

3 photograph taken within the previous 180 days’’ 

4 after ‘‘dental records’’; 

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

6 after the semicolon; 

7 (4) by redesignating subparagraph (C) as sub8 paragraph (D); and 

9 (5) by inserting after subparagraph (B) the fol10 lowing: 

11 ‘‘(C) notify the National Center for Miss12 ing and Exploited Children of each report re13 ceived relating to a child reported missing from 

14 a foster care family home or childcare institu15 tion; and’’. 

16 SECTION 1. SHORT TITLE. 

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

18 Trafficking Deterrence and Victims Support Act of 2010’’. 

19 SEC. 2. FINDINGS. 

20 Congress finds the following: 

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

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

23 criminal enterprise in the world. Human trafficking 

24 generates an estimated profit of $32,000,000,000 per 

25 year, world wide. 


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

2 an increasing problem. This criminal enterprise vic3 timizes individuals in the United States, many of 

4 them children, who are forced into prostitution, and 

5 foreigners brought into the country, often under false 

6 pretenses, who are coerced into forced labor or com7 mercial sexual exploitation. 

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

9 areas of human trafficking. Criminal gang members 

10 in the United States are increasingly involved in re11 cruiting young women and girls into sex trafficking. 

12 Interviews with gang members indicate that the gang 

13 members regard working as an individual who solic14 its customers for a prostitute (commonly known as a 

15 ‘‘pimp’’) to being as lucrative as trafficking in drugs, 

16 but with a much lower chance of being criminally 

17 convicted. 

18 (4) National Incidence Studies of Missing, Ab19 ducted, Runaway and Throwaway Children, the de20 finitive study of episodes of missing children, found 

21 that of the children who are victims of non-family ab22 duction, runaway or throwaway children, the police 

23 are alerted by family or guardians in only 21 percent 

24 of the cases. In 79 percent of cases there is no report 


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1 and no police involvement, and therefore no official 

2 attempt to find the child. 

3 (5) In 2007, the Administration of Children and 

4 Families, Department of Health and Human Serv5 ices, reported to the Federal Government 265,000 

6 cases of serious physical, sexual, or psychological 

7 abuse of children. 

8 (6) Experts estimate that each year at least 

9 100,000 children in the United States are exploited 

10 through prostitution. 

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

12 at a high risk of becoming exploited through sex traf13 ficking. Children who have run away multiple times 

14 are at much higher risk of not returning home and 

15 of engaging in prostitution. 

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

17 trafficking have suffered previous sexual or physical 

18 abuse, live in poverty, or have no stable home or fam19 ily life. These children require a comprehensive frame20 work of specialized treatment and mental health coun21 seling that addresses post-traumatic stress, depression, 

22 and sexual exploitation. 

23 (9) The average age of first exploitation through 

24 prostitution is 13. Seventy-five percent of minors ex25 ploited through prostitution have a pimp. A pimp 


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1 can earn $200,000 per year prostituting 1 sex traf2 ficking victim. 

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

4 varied criminal problem that requires a multi-dis5 ciplinary, cooperative solution. Reducing trafficking 

6 will require the Government to address victims, 

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

8 sex trafficking for law enforcement officers and pros9 ecutors, and child welfare, public health, and other so10 cial service providers. 

11 (11) Human trafficking is a criminal enterprise 

12 that imposes significant costs on the economy of the 

13 United States. Government and non-profit resources 

14 used to address trafficking include those of law en15 forcement, the judicial and penal systems, and social 

16 service providers. Without a range of appropriate 

17 treatments to help trafficking victims overcome the 

18 trauma they have experienced, victims will continue 

19 to be exploited by criminals and unable to support 

20 themselves, and will continue to require Government 

21 resources, rather than being productive contributors to 

22 the legitimate economy. 

23 (12) Human trafficking victims are often either 

24 not identified as trafficking victims or are 

25 mischaracterized as criminal offenders. Both private 


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1 and public sector personnel play a significant role in 

2 identifying trafficking victims and potential victims, 

3 such as runaways. Examples of such personnel in4 clude hotel staff, flight attendants, health care pro5 viders, educators, and parks and recreation personnel. 

6 Efforts to train these individuals can bolster law en7 forcement efforts to reduce human trafficking. 

8 (13) Minor sex trafficking victims are under the 

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

10 to consent to their own commercial sexual exploi11 tation, minor sex trafficking victims should not be 

12 charged as criminal defendants. Instead, minor vic13 tims of sex trafficking should have access to treatment 

14 and services to help them recover from their sexual ex15 ploitation, and should also be provided access to ap16 propriate compensation for harm they have suffered. 

17 (14) Several States have recently passed or are 

18 considering legislation that establishes a presumption 

19 that a minor charged with a prostitution offense is a 

20 severely trafficked person and should instead be cared 

21 for through the child protection system. Some such 

22 legislation also provides support and services to 

23 minor sex trafficking victims who are under the age 

24 of 18 years old. These services include safe houses, cri25 sis intervention programs, community-based proVerDate Mar 15 2010 23:38 Sep 22, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S2925.RS S2925

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1 grams, and law-enforcement training to help officers 

2 identify minor sex trafficking victims. 

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

4 that occurs only in urban settings. This crime also ex5 ists in rural areas and on Indian reservations. Ef6 forts to address sex trafficking of minors should in7 clude partnerships with organizations that seek to ad8 dress the needs of such underserved communities. 

9 SEC. 3. SENSE OF CONGRESS. 

10 It is the sense of the Congress that— 

11 (1) the Attorney General should implement 

12 changes to the National Crime Information Center 

13 database to ensure that— 

14 (A) a child entered into the database will be 

15 automatically designated as an endangered juve16 nile if the child has been reported missing not 

17 less than 3 times in a 1-year period; 

18 (B) the database is programmed to cross19 reference newly entered reports with historical 

20 records already in the database; and 

21 (C) the database is programmed to include 

22 a visual cue on the record of a child designated 

23 as an endangered juvenile to assist law enforce24 ment officers in recognizing the child and proVerDate Mar 15 2010 23:38 Sep 22, 2010 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\S2925.RS S2925

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1 viding the child with appropriate care and serv2 ices; 

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

4 title I of the Omnibus Crime Control and Safe Streets 

5 Act of 1968 (42 U.S.C. 3750 et seq.) (commonly 

6 known as Byrne Grants) should be used to provide 

7 education, training, deterrence, and prevention pro8 grams relating to sex trafficking of minors; 

9 (3) States should— 

10 (A) treat minor victims of sex trafficking as 

11 crime victims rather than as criminal defendants 

12 or juvenile delinquents; 

13 (B) adopt laws that— 

14 (i) establish the presumption that a 

15 child under the age of 18 who is charged 

16 with a prostitution offense is a minor vic17 tim of sex trafficking; 

18 (ii) avoid the criminal charge of pros19 titution for such a child, and instead con20 sider such a child a victim of crime and 

21 provide the child with appropriate services 

22 and treatment; and 

23 (iii) strengthen criminal provisions 

24 prohibiting the purchasing of commercial 

25 sex acts, especially with minors; 


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1 (C) amend State statutes and regulations— 

2 (i) relating to crime victim compensa3 tion to make eligible for such compensation 

4 any individual who is a victim of sex traf5 ficking as defined in section 1591(a) of title 

6 18, United States Code, or a comparable 

7 State law against commercial sexual exploi8 tation of children, and who would otherwise 

9 be ineligible for such compensation due to 

10 participation in prostitution activities be11 cause the individual is determined to have 

12 contributed to, consented to, benefitted from, 

13 or otherwise participated as a party to the 

14 crime for which the individual is claiming 

15 injury; and 

16 (ii) relating to law enforcement report17 ing requirements to provide for exceptions 

18 to such requirements for victims of sex traf19 ficking in the same manner as exceptions 

20 are provided to victims of domestic violence 

21 or related crimes; and 

22 (4) demand for commercial sex with sex traf23 ficking victims must be deterred through consistent 

24 enforcement of criminal laws against purchasing 

25 commercial sex. 


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1 SEC. 4. SEX TRAFFICKING BLOCK GRANTS. 

2 Section 204 of the Trafficking Victims Protection Re3 authorization Act of 2005 (42 U.S.C. 14044c) is amended 

4 to read as follows: 

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

6 COMBAT TRAFFICKING IN PERSONS. 

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

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

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

10 means the Assistant Attorney General for the Of11 fice of Justice Programs of the Department of 

12 Justice; 

13 ‘‘(B) the term ‘eligible entity’ means a State 

14 or unit of local government that— 

15 ‘‘(i) has significant criminal activity 

16 involving sex trafficking of minors; 

17 ‘‘(ii) has demonstrated cooperation be18 tween State, local, and, where applicable, 

19 tribal law enforcement agencies, prosecutors, 

20 and social service providers in addressing 

21 sex trafficking of minors; 

22 ‘‘(iii) has developed a workable, multi23 disciplinary plan to combat sex trafficking 

24 of minors, including— 


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1 ‘‘(I) the establishment of a shelter 

2 for minor victims of sex trafficking, 

3 through existing or new facilities; 

4 ‘‘(II) the provision of rehabilita5 tive care to minor victims of sex traf6 ficking; 

7 ‘‘(III) the provision of specialized 

8 training for law enforcement officers 

9 and social service providers for all 

10 forms of sex trafficking, with a focus 

11 on sex trafficking of minors; 

12 ‘‘(IV) prevention, deterrence, and 

13 prosecution of offenses involving sex 

14 trafficking of minors; 

15 ‘‘(V) cooperation or referral agree16 ments with organizations providing 

17 outreach or other related services to 

18 runaway and homeless youth; and 

19 ‘‘(VI) law enforcement protocols or 

20 procedures to screen all individuals ar21 rested for prostitution, whether adult 

22 or minor, for victimization by sex traf23 ficking and by other crimes, such as 

24 sexual assault and domestic violence; 

25 and 


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1 ‘‘(iv) provides an assurance that, 

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

3 victim of sex trafficking shall not be re4 quired to collaborate with law enforcement 

5 to have access to any shelter or services pro6 vided with a grant under this section; 

7 ‘‘(C) the term ‘minor victim of sex traf8 ficking’ means an individual who is— 

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

10 is a victim of an offense described in section 

11 1591(a) of title 18, United States Code, or 

12 a comparable State law; or 

13 ‘‘(ii) at least 18 years old but not more 

14 than 20 years old, and who, on the day be15 fore the individual attained 18 years of age, 

16 was described in clause (i) and was receiv17 ing shelter or services as a minor victim of 

18 sex trafficking; 

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

20 organization’ means an organization that— 

21 ‘‘(i) is not a State or unit of local gov22 ernment, or an agency of a State or unit of 

23 local government; 

24 ‘‘(ii) has demonstrated experience pro25 viding services to victims of sex trafficking 


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1 or related populations (such as runaway 

2 and homeless youth), or employs staff spe3 cialized in the treatment of sex trafficking 

4 victims; and 

5 ‘‘(iii) demonstrates a plan to sustain 

6 the provision of services beyond the period 

7 of a grant awarded under this section; and 

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

9 means an offense described in subsection (a) of 

10 section 1591 of title 18, United States Code, the 

11 victim of which is a minor. 

12 ‘‘(2) GRANTS AUTHORIZED.— 

13 ‘‘(A) IN GENERAL.—The Assistant Attorney 

14 General, in consultation with the Assistant Sec15 retary for Children and Families of the Depart16 ment of Health and Human Services, is author17 ized to award block grants to 6 eligible entities 

18 in different regions of the United States to com19 bat sex trafficking, and not fewer than 1 of the 

20 block grants shall be awarded to an eligible enti21 ty with a State population of less than 

22 5,000,000. 

23 ‘‘(B) GRANT AMOUNT.—Subject to the avail24 ability of appropriations under subsection (g) to 

25 carry out this section, each grant awarded under 


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1 this section shall be for an amount not less than 

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

3 ‘‘(C) DURATION.— 

4 ‘‘(i) IN GENERAL.—A grant awarded 

5 under this section shall be for a period of 1 

6 year. 

7 ‘‘(ii) RENEWAL.— 

8 ‘‘(I) IN GENERAL.—The Assistant 

9 Attorney General may renew a grant 

10 under this section for two 1-year peri11 ods. 

12 ‘‘(II) PRIORITY.—In awarding 

13 grants in any fiscal year after the first 

14 fiscal year in which grants are award15 ed under this section, the Assistant At16 torney General shall give priority to 

17 applicants that received a grant in the 

18 preceding fiscal year and are eligible 

19 for renewal under this subparagraph, 

20 taking into account any evaluation of 

21 such applicant conducted pursuant to 

22 paragraph (5), if available. 

23 ‘‘(D) CONSULTATION.—In carrying out this 

24 section, consultation by the Assistant Attorney 

25 General with the Assistant Secretary for ChilVerDate Mar 15 2010 23:38 Sep 22, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S2925.RS S2925

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1 dren and Families of the Department of Health 

2 and Human Services shall include consultation 

3 with respect to grantee evaluations, the avoid4 ance of unintentional duplication of grants, and 

5 any other areas of shared concern. 

6 ‘‘(3) USE OF FUNDS.— 

7 ‘‘(A) ALLOCATION.—For each grant award8 ed under paragraph (2)— 

9 ‘‘(i) not less than 50 percent of the 

10 funds shall be used by the eligible entity to 

11 provide shelter and services (as described in 

12 clauses (i) through (iv) of subparagraph 

13 (B)) to minor victims of sex trafficking 

14 through qualified nongovernmental organi15 zations; and 

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

17 funds shall be awarded by the eligible entity 

18 to one or more qualified nongovernmental 

19 organizations with annual revenues of less 

20 than $750,000, to provide services to minor 

21 victims of sex trafficking or training for 

22 service providers related to sex trafficking of 

23 minors. 


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1 ‘‘(B) AUTHORIZED ACTIVITIES.—Grants 

2 awarded pursuant to paragraph (2) may be used 

3 for— 

4 ‘‘(i) providing shelter to minor victims 

5 of trafficking, including temporary or long6 term placement as appropriate; 

7 ‘‘(ii) providing 24-hour emergency so8 cial services response for minor victims of 

9 sex trafficking; 

10 ‘‘(iii) providing minor victims of sex 

11 trafficking with clothing and other daily ne12 cessities needed to keep such victims from 

13 returning to living on the street; 

14 ‘‘(iv) case management services for 

15 minor victims of sex trafficking; 

16 ‘‘(v) mental health counseling for 

17 minor victims of sex trafficking, including 

18 specialized counseling and substance abuse 

19 treatment; 

20 ‘‘(vi) legal services for minor victims of 

21 sex trafficking; 

22 ‘‘(vii) specialized training for law en23 forcement personnel, social service pro24 viders, and public and private sector per25 sonnel likely to encounter sex trafficking 


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1 victims on issues related to the sex traf2 ficking of minors; 

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

4 part, for law enforcement officers, including 

5 patrol officers, detectives, and investigators, 

6 except that the percentage of the salary of 

7 the law enforcement officer paid for by 

8 funds from a grant awarded under para9 graph (2) shall not be more than the per10 centage of the officer’s time on duty that is 

11 dedicated to working on cases involving sex 

12 trafficking of minors; 

13 ‘‘(ix) funding salaries for State and 

14 local prosecutors, including assisting in 

15 paying trial expenses for prosecution of sex 

16 trafficking offenders; 

17 ‘‘(x) investigation expenses for cases 

18 involving sex trafficking of minors, includ19 ing— 

20 ‘‘(I) wire taps; 

21 ‘‘(II) consultants with expertise 

22 specific to cases involving sex traf23 ficking of minors; 

24 ‘‘(III) travel; and 


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1 ‘‘(IV) any other technical assist2 ance expenditures; 

3 ‘‘(xi) outreach and education programs 

4 to provide information about deterrence and 

5 prevention of sex trafficking of minors; and 

6 ‘‘(xii) programs to provide treatment 

7 to individuals charged or cited with pur8 chasing or attempting to purchase sex acts 

9 in cases where— 

10 ‘‘(I) a treatment program can be 

11 mandated as a condition of a sentence, 

12 fine, suspended sentence, or probation, 

13 or is an appropriate alternative to 

14 criminal prosecution; and 

15 ‘‘(II) the individual was not 

16 charged with purchasing or attempting 

17 to purchase sex acts with a minor. 

18 ‘‘(4) APPLICATION.— 

19 ‘‘(A) IN GENERAL.—Each eligible entity de20 siring a grant under this section shall submit an 

21 application to the Assistant Attorney General at 

22 such time, in such manner, and accompanied by 

23 such information as the Assistant Attorney Gen24 eral may reasonably require. 


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1 ‘‘(B) CONTENTS.—Each application sub2 mitted pursuant to subparagraph (A) shall— 

3 ‘‘(i) describe the activities for which 

4 assistance under this section is sought; and 

5 ‘‘(ii) provide such additional assur6 ances as the Assistant Attorney General de7 termines to be essential to ensure compli8 ance with the requirements of this section. 

9 ‘‘(5) EVALUATION.—The Assistant Attorney Gen10 eral shall enter into a contract with an academic or 

11 non-profit organization that has experience in issues 

12 related to sex trafficking of minors and evaluation of 

13 grant programs to conduct an annual evaluation of 

14 grants made under this section to determine the im15 pact and effectiveness of programs funded with grants 

16 awarded under paragraph (2). 

17 ‘‘(b) MANDATORY EXCLUSION.—Any grantee awarded 

18 funds under this section that is found to have utilized grant 

19 funds for any unauthorized expenditure or otherwise unal20 lowable cost shall not be eligible for any grant funds award21 ed under the block grant for 2 fiscal years following the 

22 year in which the unauthorized expenditure or unallowable 

23 cost is reported. 

24 ‘‘(c) COMPLIANCE REQUIREMENT.—A grantee shall not 

25 be eligible to receive a grant under this section if within 


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1 the last 5 fiscal years, the grantee has been found to have 

2 violated the terms or conditions of a Government grant pro3 gram by utilizing grant funds for unauthorized expendi4 tures or otherwise unallowable costs. 

5 ‘‘(d) ADMINISTRATIVE CAP.—The cost of admin6 istering the grants authorized by this section shall not ex7 ceed 3 percent of the total amount appropriated to carry 

8 out this section. 

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

10 and 2013, the Inspector General of the Department of Jus11 tice shall conduct an audit of all 6 grantees awarded block 

12 grants under this section. 

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

14 under this section shall match at least 25 percent of a grant 

15 in the first year, 40 percent in the second year, and 50 

16 percent inj the third year. 

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

18 are authorized to be appropriated to the Attorney General 

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

20 years 2012 through 2014.’’. 

21 SEC. 5. REPORTING REQUIREMENTS. 

22 (a) ANNUAL STATISTICAL SUMMARY.—Section 3701(c) 

23 of the Crime Control Act of 1990 (42 U.S.C. 5779(c)) is 

24 amended by inserting ‘‘, which shall include the total num25 ber of reports received and the total number of entries made 


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1 to the National Crime Information Center (NCIC) database 

2 of the Federal Bureau of Investigation, established pursuant 

3 to section 534 of title 28, United States Code.’’ after ‘‘this 

4 title’’. 

5 (b) STATE REPORTING.—Section 3702 of the Crime 

6 Control Act of 1990 (42 U.S.C. 5780) is amended in para7 graph (4)— 

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

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

10 photograph taken within the previous 180 days’’ after 

11 ‘‘dental records’’; 

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

13 the semicolon; 

14 (4) by redesignating subparagraph (C) as sub15 paragraph (D); and 

16 (5) by inserting after subparagraph (B) the fol17 lowing: 

18 ‘‘(C) notify the National Center for Missing 

19 and Exploited Children of each report received 

20 relating to a child reported missing from a foster 

21 care family home or childcare institution; and’’. 

22 SEC. 6. PROTECTION FOR CHILD TRAFFICKING VICTIMS 

23 AND SURVIVORS. 

24 Section 225(b) of the Trafficking Victims Reauthoriza25 tion 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 prostitu8 tion by including safe harbor provisions that— 

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

10 age who has been arrested for offering to engage 

11 in or engaging in a sexual act with another per12 son in exchange for monetary compensation as a 

13 victim of a severe form of trafficking in persons; 

14 ‘‘(B) prohibit the charging or prosecution of 

15 an individual described in subparagraph (A) for 

16 a prostitution offense; 

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

18 described in subparagraph (A) to comprehensive 

19 service or community-based programs that pro20 vide assistance to child victims of commercial 

21 sexual exploitation, to the extent that comprehen22 sive service or community-based programs exist; 

23 and 

24 ‘‘(D) provide that an individual described 

25 in subparagraph (A) shall not be required to 


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1 prove fraud, force, or coercion in order to receive 

2 the protections described under this paragraph; 

3 and’’. 

4 SEC. 7. SUBPOENA AUTHORITY. 

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

6 amended— 

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

8 the end; 

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

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

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

12 ‘‘(C) issue administrative subpoenas in accord13 ance with section 3486 of title 18, solely for the pur14 pose of investigating unregistered sex offenders.’’. 

15 SEC. 8. PROTECTION OF CHILD WITNESSES. 

16 Section 1514 of title 18, United States Code, is amend17 ed— 

18 (1) in subsection (b)— 

19 (A) in paragraph (1)— 

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

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

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

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

24 appears; 


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

2 and (4) as paragraphs (3), (4), and (5), respec3 tively; 

4 (C) by inserting after paragraph (1) the fol5 lowing: 

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

7 shall issue a protective order prohibiting harassment or in8 timidation of the minor victim or witness if the court finds 

9 evidence that the conduct at issue is reasonably likely to 

10 adversely affect the willingness of the minor witness or vic11 tim to testify or otherwise participate in the Federal crimi12 nal case or investigation. Any hearing regarding a protec13 tive order under this paragraph shall be conducted in ac14 cordance with paragraphs (1) and (3), except that the court 

15 may issue an ex parte emergency protective order in ad16 vance of a hearing if exigent circumstances are present. If 

17 such an ex parte order is applied for or issued, the court 

18 shall hold a hearing not later than 14 days after the date 

19 such order was applied for or is issued.’’; 

20 (D) in paragraph (4), as so redesignated, by 

21 striking ‘‘(and not by reference to the complaint 

22 or other document)’’; and 

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

24 the second sentence, by inserting before the pe25 riod at the end the following: ‘‘, except that in 


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1 the case of a minor victim or witness, the court 

2 may order that such protective order expires on 

3 the later of 3 years after the date of issuance or 

4 the date of the eighteenth birthday of that minor 

5 victim or witness’’; and 

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

7 following: 

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

9 attempts to violate an order issued under this section shall 

10 be fined under this title, imprisoned not more than 5 years, 

11 or both. 

12 ‘‘(d)(1) As used in this section— 

13 ‘‘(A) the term ‘course of conduct’ means a series 

14 of acts over a period of time, however short, indi15 cating a continuity of purpose; 

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

17 or course of conduct directed at a specific person 

18 that— 

19 ‘‘(i) causes substantial emotional distress in 

20 such person; and 

21 ‘‘(ii) serves no legitimate purpose; 

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

23 the meaning given that term in section 115 and in24 cludes grandchildren; 


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1 ‘‘(D) the term ‘intimidation’ means a serious act 

2 or course of conduct directed at a specific person 

3 that— 

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

5 person; and 

6 ‘‘(ii) serves no legitimate purpose; 

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

8 has the meaning give that term in section 119; 

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

10 threatening, retaliatory, harassing, or violent conduct 

11 that is reasonably likely to influence the willingness 

12 of a victim or witness to testify or participate in a 

13 Federal criminal case or investigation; and 

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

15 witness in a Federal criminal case or investigation, 

16 and includes an immediate family member of such a 

17 victim or witness. 

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

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

20 rebuttal by the person, that the distribution or publication 

21 using the Internet of a photograph of, or restricted personal 

22 information regarding, a specific person serves no legiti23 mate purpose, unless that use is authorized by that specific 

24 person, is for news reporting purposes, is designed to locate 

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1 ment as a missing person), or is part of a government-au2 thorized effort to locate a fugitive or person of interest in 

3 a criminal, antiterrorism, or national security investiga4 tion.’’. 

5 SEC. 9. SENTENCING GUIDELINES. 

6 Pursuant to its authority under section 994 of title 

7 28, United States Code, and in accordance with this section, 

8 the United States Sentencing Commission shall review and 

9 amend the Federal sentencing guidelines and policy state10 ments to ensure— 

11 (1) that the guidelines provide an additional 

12 penalty increase of up to 8 offense levels, if appro13 priate, above the sentence otherwise applicable in 

14 Part J of the Guidelines Manual if the defendant was 

15 convicted of a violation of section 1591 of title 18, 

16 United States Code, or chapters 109A, 109B, 110 or 

17 117 of title 18, United States Code; and 

18 (2) if the offense described in paragraph (1) in19 volved causing or threatening to cause physical injury 

20 to a person under 18 years of age, in order to obstruct 

21 the administration of justice, an additional penalty 

22 increase of up to 12 levels, if appropriate, above the 

23 sentence otherwise applicable in Part J of the Guide24 lines Manual. 


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1 SEC. 10. MINIMUM PENALTIES FOR POSSESSION OF CHILD 

2 PORNOGRAPHY. 

3 (a) CERTAIN ACTIVITIES RELATING TO MATERIAL IN4 VOLVING THE SEXUAL EXPLOITATION OF MINORS.—Section 

5 2252(b)(2) of title 18, United States Code, is amended by 

6 inserting after ‘‘but if’’ the following: ‘‘any visual depiction 

7 involved in the offense involved a prepubescent minor or 

8 a minor who had not attained 12 years of age, such person 

9 shall be fined under this title and imprisoned for not less 

10 than 1 year nor more than 20 years, or if’’. 

11 (b) CERTAIN ACTIVITIES RELATING TO MATERIAL

12 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

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

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

15 image of child pornography involved in the offense involved 

16 a prepubescent minor or a minor who had not attained 12 

17 years of age, such person shall be fined under this title and 

18 imprisoned for not less than 1 year nor more than 20 years, 

19 or if’’. 

20 SEC. 11. ADMINISTRATIVE SUBPOENAS. 

21 Section 3486(a)(1) of title 18, United States Code, is 

22 amended— 

23 (1) in subparagraph (A)(i)— 

24 (A) by striking ‘‘or’’ after ‘‘Federal health 

25 care offense;’’; and 


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1 (B) by striking ‘‘children,’’ and inserting 

2 the following: ‘‘children; or (III) and only for the 

3 purpose of investigations by the U.S. Marshals 

4 Service of an unregistered sex offender’’; 

5 (2) in subparagraph (D)— 

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

7 inserting the following: ‘‘paragraph— 

8 ‘‘(i) the term’’; 

9 (B) by inserting ‘‘, 2250’’ after ‘‘2243’’; 

10 (C) by striking the period at the end and 

11 inserting ‘‘; and’’; and 

12 (D) by adding at the end the following: 

13 ‘‘(ii) the term ‘sex offender’ means an individual 

14 required to register under the Sex Offender Registra15 tion and Notification Act (42 U.S.C. 16901 et seq.).’’. 


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Calendar No. 581 

111TH CONGRESS 

2D SESSION S. 2925 

A BILL 

To establish a grant program to benefit victims of 

sex trafficking, and for other purposes. 

SEPTEMBER 22, 2010 

Reported with an amendment 


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