```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2925 Referred in House (RFH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Minor Sex Trafficking 
Deterrence and Victims Support Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Human trafficking is modern-day slavery. It is one of 
        the fastest-growing, and the second largest, criminal 
        enterprise in the world. Human trafficking generates an 
        estimated profit of $32,000,000,000 per year, world wide.
            (2) In the United States, human trafficking is an 
        increasing problem. This criminal enterprise victimizes 
        individuals in the United States, many of them children, who 
        are forced into prostitution, and foreigners brought into the 
        country, often under false pretenses, who are coerced into 
        forced labor or commercial sexual exploitation.
            (3) Sex trafficking is one of the most lucrative areas of 
        human trafficking. Criminal gang members in the United States 
        are increasingly involved in recruiting young women and girls 
        into sex trafficking. Interviews with gang members indicate 
        that the gang members regard working as an individual who 
        solicits customers for a prostitute (commonly known as a 
        ``pimp'') to being as lucrative as trafficking in drugs, but 
        with a much lower chance of being criminally convicted.
            (4) National Incidence Studies of Missing, Abducted, 
        Runaway and Throwaway Children, the definitive study of 
        episodes of missing children, found that of the children who 
        are victims of non-family abduction, runaway or throwaway 
        children, the police are alerted by family or guardians in only 
        21 percent of the cases. In 79 percent of cases there is no 
        report and no police involvement, and therefore no official 
        attempt to find the child.
            (5) In 2007, the Administration of Children and Families, 
        Department of Health and Human Services, reported to the 
        Federal Government 265,000 cases of serious physical, sexual, 
        or psychological abuse of children.
            (6) Experts estimate that each year at least 100,000 
        children in the United States are exploited through 
        prostitution.
            (7) Children who have run away from home are at a high risk 
        of becoming exploited through sex trafficking. Children who 
        have run away multiple times are at much higher risk of not 
        returning home and of engaging in prostitution.
            (8) The vast majority of children involved in sex 
        trafficking have suffered previous sexual or physical abuse, 
        live in poverty, or have no stable home or family life. These 
        children require a comprehensive framework of specialized 
        treatment and mental health counseling that addresses post-
        traumatic stress, depression, and sexual exploitation.
            (9) The average age of first exploitation through 
        prostitution is 13. Seventy-five percent of minors exploited 
        through prostitution have a pimp. A pimp can earn $200,000 per 
        year prostituting 1 sex trafficking victim.
            (10) Sex trafficking of minors is a complex and varied 
        criminal problem that requires a multi-disciplinary, 
        cooperative solution. Reducing trafficking will require the 
        Government to address victims, pimps, and johns, and to provide 
        training specific to sex trafficking for law enforcement 
        officers and prosecutors, and child welfare, public health, and 
        other social service providers.
            (11) Human trafficking is a criminal enterprise that 
        imposes significant costs on the economy of the United States. 
        Government and non-profit resources used to address trafficking 
        include those of law enforcement, the judicial and penal 
        systems, and social service providers. Without a range of 
        appropriate treatments to help trafficking victims overcome the 
        trauma they have experienced, victims will continue to be 
        exploited by criminals and unable to support themselves, and 
        will continue to require Government resources, rather than 
        being productive contributors to the legitimate economy.
            (12) Human trafficking victims are often either not 
        identified as trafficking victims or are mischaracterized as 
        criminal offenders. Both private and public sector personnel 
        play a significant role in identifying trafficking victims and 
        potential victims, such as runaways. Examples of such personnel 
        include hotel staff, flight attendants, health care providers, 
        educators, and parks and recreation personnel. Efforts to train 
        these individuals can bolster law enforcement efforts to reduce 
        human trafficking.
            (13) Minor sex trafficking victims are under the age of 18. 
        Because minors do not have the capacity to consent to their own 
        commercial sexual exploitation, minor sex trafficking victims 
        should not be charged as criminal defendants. Instead, minor 
        victims of sex trafficking should have access to treatment and 
        services to help them recover from their sexual exploitation, 
        and should also be provided access to appropriate compensation 
        for harm they have suffered.
            (14) Several States have recently passed or are considering 
        legislation that establishes a presumption that a minor charged 
        with a prostitution offense is a severely trafficked person and 
        should instead be cared for through the child protection 
        system. Some such legislation also provides support and 
        services to minor sex trafficking victims who are under the age 
        of 18 years old. These services include safe houses, crisis 
        intervention programs, community-based programs, and law-
        enforcement training to help officers identify minor sex 
        trafficking victims.
            (15) Sex trafficking of minors is not a problem that occurs 
        only in urban settings. This crime also exists in rural areas 
        and on Indian reservations. Efforts to address sex trafficking 
        of minors should include partnerships with organizations that 
        seek to address the needs of such underserved communities.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) the Attorney General should implement changes to the 
        National Crime Information Center database to ensure that--
                    (A) a child entered into the database will be 
                automatically designated as an endangered juvenile if 
                the child has been reported missing not less than 3 
                times in a 1-year period;
                    (B) the database is programmed to cross-reference 
                newly entered reports with historical records already 
                in the database; and
                    (C) the database is programmed to include a visual 
                cue on the record of a child designated as an 
                endangered juvenile to assist law enforcement officers 
                in recognizing the child and providing the child with 
                appropriate care and services;
            (2) funds awarded under subpart 1 of part E of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3750 et seq.) (commonly known as Byrne Grants) should be 
        used to provide education, training, deterrence, and prevention 
        programs relating to sex trafficking of minors;
            (3) States should--
                    (A) treat minor victims of sex trafficking as crime 
                victims rather than as criminal defendants or juvenile 
                delinquents;
                    (B) adopt laws that--
                            (i) establish the presumption that a child 
                        under the age of 18 who is charged with a 
                        prostitution offense is a minor victim of sex 
                        trafficking;
                            (ii) avoid the criminal charge of 
                        prostitution for such a child, and instead 
                        consider such a child a victim of crime and 
                        provide the child with appropriate services and 
                        treatment; and
                            (iii) strengthen criminal provisions 
                        prohibiting the purchasing of commercial sex 
                        acts, especially with minors;
                    (C) amend State statutes and regulations--
                            (i) relating to crime victim compensation 
                        to make eligible for such compensation any 
                        individual who is a victim of sex trafficking 
                        as defined in section 1591(a) of title 18, 
                        United States Code, or a comparable State law 
                        against commercial sexual exploitation of 
                        children, and who would otherwise be ineligible 
                        for such compensation due to participation in 
                        prostitution activities because the individual 
                        is determined to have contributed to, consented 
                        to, benefitted from, or otherwise participated 
                        as a party to the crime for which the 
                        individual is claiming injury; and
                            (ii) relating to law enforcement reporting 
                        requirements to provide for exceptions to such 
                        requirements for victims of sex trafficking in 
                        the same manner as exceptions are provided to 
                        victims of domestic violence or related crimes; 
                        and
            (4) demand for commercial sex with sex trafficking victims 
        must be deterred through consistent enforcement of criminal 
        laws against purchasing commercial sex.

SEC. 4. SEX TRAFFICKING BLOCK GRANTS.

    (a) In General.--Section 204 of the Trafficking Victims Protection 
Reauthorization Act of 2005 (42 U.S.C. 14044c) is amended to read as 
follows:

``SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN 
              PERSONS.

    ``(a) Sex Trafficking Block Grants.--
            ``(1) Definitions.--In this section--
                    ``(A) the term `Assistant Attorney General' means 
                the Assistant Attorney General for the Office of 
                Justice Programs of the Department of Justice;
                    ``(B) the term `eligible entity' means a State or 
                unit of local government that--
                            ``(i) has significant criminal activity 
                        involving sex trafficking of minors;
                            ``(ii) has demonstrated cooperation between 
                        State, local, and, where applicable, tribal law 
                        enforcement agencies, prosecutors, and social 
                        service providers in addressing sex trafficking 
                        of minors;
                            ``(iii) has developed a workable, multi-
                        disciplinary plan to combat sex trafficking of 
                        minors, including--
                                    ``(I) the establishment of a 
                                shelter for minor victims of sex 
                                trafficking, through existing or new 
                                facilities;
                                    ``(II) the provision of 
                                rehabilitative care to minor victims of 
                                sex trafficking;
                                    ``(III) the provision of 
                                specialized training for law 
                                enforcement officers and social service 
                                providers for all forms of sex 
                                trafficking, with a focus on sex 
                                trafficking of minors;
                                    ``(IV) prevention, deterrence, and 
                                prosecution of offenses involving sex 
                                trafficking of minors;
                                    ``(V) cooperation or referral 
                                agreements with organizations providing 
                                outreach or other related services to 
                                runaway and homeless youth; and
                                    ``(VI) law enforcement protocols or 
                                procedures to screen all individuals 
                                arrested for prostitution, whether 
                                adult or minor, for victimization by 
                                sex trafficking and by other crimes, 
                                such as sexual assault and domestic 
                                violence; and
                            ``(iv) provides an assurance that, under 
                        the plan under clause (iii), a minor victim of 
                        sex trafficking shall not be required to 
                        collaborate with law enforcement to have access 
                        to any shelter or services provided with a 
                        grant under this section;
                    ``(C) the term `minor victim of sex trafficking' 
                means an individual who is--
                            ``(i) under the age of 18 years old, and is 
                        a victim of an offense described in section 
                        1591(a) of title 18, United States Code, or a 
                        comparable State law; or
                            ``(ii) at least 18 years old but not more 
                        than 20 years old, and who, on the day before 
                        the individual attained 18 years of age, was 
                        described in clause (i) and was receiving 
                        shelter or services as a minor victim of sex 
                        trafficking;
                    ``(D) the term `qualified non-governmental 
                organization' means an organization that--
                            ``(i) is not a State or unit of local 
                        government, or an agency of a State or unit of 
                        local government;
                            ``(ii) has demonstrated experience 
                        providing services to victims of sex 
                        trafficking or related populations (such as 
                        runaway and homeless youth), or employs staff 
                        specialized in the treatment of sex trafficking 
                        victims; and
                            ``(iii) demonstrates a plan to sustain the 
                        provision of services beyond the period of a 
                        grant awarded under this section; and
                    ``(E) the term `sex trafficking of a minor' means 
                an offense described in subsection (a) of section 1591 
                of title 18, United States Code, the victim of which is 
                a minor.
            ``(2) Grants authorized.--
                    ``(A) In general.--The Assistant Attorney General, 
                in consultation with the Assistant Secretary for 
                Children and Families of the Department of Health and 
                Human Services, is authorized to award block grants to 
                6 eligible entities in different regions of the United 
                States to combat sex trafficking, and not fewer than 1 
                of the block grants shall be awarded to an eligible 
                entity with a State population of less than 5,000,000. 
                Each eligible entity awarded a block grant under this 
                subparagraph shall certify that Federal funds received 
                under the block grant will be used to combat only 
                interstate sex trafficking.
                    ``(B) Grant amount.--Subject to the availability of 
                appropriations under subsection (g) to carry out this 
                section, each grant awarded under this section shall be 
                for an amount not less than $2,000,000 and not greater 
                than $2,500,000.
                    ``(C) Duration.--
                            ``(i) In general.--A grant awarded under 
                        this section shall be for a period of 1 year.
                            ``(ii) Renewal.--
                                    ``(I) In general.--The Assistant 
                                Attorney General may renew a grant 
                                under this section for two 1-year 
                                periods.
                                    ``(II) Priority.--In awarding 
                                grants in any fiscal year after the 
                                first fiscal year in which grants are 
                                awarded under this section, the 
                                Assistant Attorney General shall give 
                                priority to applicants that received a 
                                grant in the preceding fiscal year and 
                                are eligible for renewal under this 
                                subparagraph, taking into account any 
                                evaluation of such applicant conducted 
                                pursuant to paragraph (5), if 
                                available.
                    ``(D) Consultation.--In carrying out this section, 
                consultation by the Assistant Attorney General with the 
                Assistant Secretary for Children and Families of the 
                Department of Health and Human Services shall include 
                consultation with respect to grantee evaluations, the 
                avoidance of unintentional duplication of grants, and 
                any other areas of shared concern.
            ``(3) Use of funds.--
                    ``(A) Allocation.--For each grant awarded under 
                paragraph (2)--
                            ``(i) not less than 67 percent of the funds 
                        shall be used by the eligible entity to provide 
                        shelter and services (as described in clauses 
                        (i) through (iv) of subparagraph (B)) to minor 
                        victims of sex trafficking through qualified 
                        nongovernmental organizations; and
                            ``(ii) not less than 10 percent of the 
                        funds shall be awarded by the eligible entity 
                        to one or more qualified nongovernmental 
                        organizations with annual revenues of less than 
                        $750,000, to provide services to minor victims 
                        of sex trafficking or training for service 
                        providers related to sex trafficking of minors.
                    ``(B) Authorized activities.--Grants awarded 
                pursuant to paragraph (2) may be used for--
                            ``(i) providing shelter to minor victims of 
                        trafficking, including temporary or long-term 
                        placement as appropriate;
                            ``(ii) providing 24-hour emergency social 
                        services response for minor victims of sex 
                        trafficking;
                            ``(iii) providing minor victims of sex 
                        trafficking with clothing and other daily 
                        necessities needed to keep such victims from 
                        returning to living on the street;
                            ``(iv) case management services for minor 
                        victims of sex trafficking;
                            ``(v) mental health counseling for minor 
                        victims of sex trafficking, including 
                        specialized counseling and substance abuse 
                        treatment;
                            ``(vi) legal services for minor victims of 
                        sex trafficking;
                            ``(vii) specialized training for law 
                        enforcement personnel, social service 
                        providers, and public and private sector 
                        personnel likely to encounter sex trafficking 
                        victims on issues related to the sex 
                        trafficking of minors;
                            ``(viii) funding salaries, in whole or in 
                        part, for law enforcement officers, including 
                        patrol officers, detectives, and investigators, 
                        except that the percentage of the salary of the 
                        law enforcement officer paid for by funds from 
                        a grant awarded under paragraph (2) shall not 
                        be more than the percentage of the officer's 
                        time on duty that is dedicated to working on 
                        cases involving sex trafficking of minors;
                            ``(ix) funding salaries for State and local 
                        prosecutors, including assisting in paying 
                        trial expenses for prosecution of sex 
                        trafficking offenders;
                            ``(x) investigation expenses for cases 
                        involving sex trafficking of minors, 
                        including--
                                    ``(I) wire taps;
                                    ``(II) consultants with expertise 
                                specific to cases involving sex 
                                trafficking of minors;
                                    ``(III) travel; and
                                    ``(IV) any other technical 
                                assistance expenditures;
                            ``(xi) outreach and education programs to 
                        provide information about deterrence and 
                        prevention of sex trafficking of minors; and
                            ``(xii) programs to provide treatment to 
                        individuals charged or cited with purchasing or 
                        attempting to purchase sex acts in cases 
                        where--
                                    ``(I) a treatment program can be 
                                mandated as a condition of a sentence, 
                                fine, suspended sentence, or probation, 
                                or is an appropriate alternative to 
                                criminal prosecution; and
                                    ``(II) the individual was not 
                                charged with purchasing or attempting 
                                to purchase sex acts with a minor.
            ``(4) Application.--
                    ``(A) In general.--Each eligible entity desiring a 
                grant under this section shall submit an application to 
                the Assistant Attorney General at such time, in such 
                manner, and accompanied by such information as the 
                Assistant Attorney General may reasonably require.
                    ``(B) Contents.--Each application submitted 
                pursuant to subparagraph (A) shall--
                            ``(i) describe the activities for which 
                        assistance under this section is sought; and
                            ``(ii) provide such additional assurances 
                        as the Assistant Attorney General determines to 
                        be essential to ensure compliance with the 
                        requirements of this section.
            ``(5) Evaluation.--The Assistant Attorney General shall 
        enter into a contract with an academic or non-profit 
        organization that has experience in issues related to sex 
        trafficking of minors and evaluation of grant programs to 
        conduct an annual evaluation of grants made under this section 
        to determine the impact and effectiveness of programs funded 
        with grants awarded under paragraph (2).
    ``(b) Mandatory Exclusion.--Any grantee awarded funds under this 
section that is found to have utilized grant funds for any unauthorized 
expenditure or otherwise unallowable cost shall not be eligible for any 
grant funds awarded under the block grant for 2 fiscal years following 
the year in which the unauthorized expenditure or unallowable cost is 
reported.
    ``(c) Compliance Requirement.--A grantee shall not be eligible to 
receive a grant under this section if within the last 5 fiscal years, 
the grantee has been found to have violated the terms or conditions of 
a Government grant program by utilizing grant funds for unauthorized 
expenditures or otherwise unallowable costs.
    ``(d) Administrative Cap.--The cost of administering the grants 
authorized by this section shall not exceed 3 percent of the total 
amount appropriated to carry out this section.
    ``(e) Audit Requirement.--For fiscal years 2012 and 2013, the 
Inspector General of the Department of Justice shall conduct an audit 
of all 6 grantees awarded block grants under this section.
    ``(f) Match Requirement.--A grantee of a grant under this section 
shall match at least 25 percent of a grant in the first year, 40 
percent in the second year, and 50 percent inj the third year.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$15,000,000 for each of the fiscal years 2012 through 2014.''.
    (b) Sunset Provision.--Effective 3 years after the date of 
enactment of this Act, section 204 of the Trafficking Victims 
Protection Reauthorization Act of 2005 (42 U.S.C. 14044c) is amended to 
read as it read on the day before the date of enactment of this Act.
    (c) GAO Evaluation.--Not later than 30 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study of and submit to Congress a report evaluating the 
impact of this Act and the amendments made by this Act in aiding minor 
victims of sex trafficking in the United States and increasing the 
ability of law enforcement agencies to prosecute sex trafficking 
offenders, which shall include recommendations, if any, regarding any 
legislative or administrative action the Comptroller General determines 
appropriate.

SEC. 5. REPORTING REQUIREMENTS.

    (a) Reporting Requirement for State Child Welfare Agencies.--
            (1) Requirement for state child welfare agencies to report 
        children missing or abducted.--Section 471(a) of the Social 
        Security Act (42 U.S.C. 671(a)) is amended--
                    (A) in paragraph (32), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (33), by striking the period and 
                inserting ``; and''; and
                    (C) by inserting after paragraph (33) the 
                following:
            ``(34) provides that the State has in effect procedures 
        that require the State agency to promptly report information on 
        missing or abducted children to the law enforcement authorities 
        for entry into the National Crime Information Center (NCIC) 
        database of the Federal Bureau of Investigation, established 
        pursuant to section 534 of title 28, United States Code.''.
            (2) Regulations.--The Secretary of Health and Human 
        Services shall promulgate regulations implementing the 
        amendments made by paragraph (1). The regulations promulgated 
        under this subsection shall include provisions to withhold 
        Federal funds from any State that fails to substantially comply 
        with the requirement imposed under the amendments made by 
        paragraph (1).
            (3) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that is 6 months after the date 
        of the enactment of this Act, without regard to whether final 
        regulations required under paragraph (2) have been promulgated.
    (b) Annual Statistical Summary.--Section 3701(c) of the Crime 
Control Act of 1990 (42 U.S.C. 5779(c)) is amended by inserting ``, 
which shall include the total number of reports received and the total 
number of entries made to the National Crime Information Center (NCIC) 
database of the Federal Bureau of Investigation, established pursuant 
to section 534 of title 28, United States Code.'' after ``this title''.
    (c) State Reporting.--Section 3702 of the Crime Control Act of 1990 
(42 U.S.C. 5780) is amended in paragraph (4)--
            (1) by striking ``(2)'' and inserting ``(3)'';
            (2) in subparagraph (A), by inserting ``, and a photograph 
        taken within the previous 180 days'' after ``dental records'';
            (3) in subparagraph (B), by striking ``and'' after the 
        semicolon;
            (4) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (5) by inserting after subparagraph (B) the following:
                    ``(C) notify the National Center for Missing and 
                Exploited Children of each report received relating to 
                a child reported missing from a foster care family home 
                or childcare institution; and''.

SEC. 6. PROTECTION FOR CHILD TRAFFICKING VICTIMS AND SURVIVORS.

    Section 225(b) of the Trafficking Victims Reauthorization Act of 
2008 (22 U.S.C. 7101 note) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) protects children exploited through prostitution by 
        including safe harbor provisions that--
                    ``(A) treat an individual under 18 years of age who 
                has been arrested for offering to engage in or engaging 
                in a sexual act with another person in exchange for 
                monetary compensation as a victim of a severe form of 
                trafficking in persons;
                    ``(B) prohibit the charging or prosecution of an 
                individual described in subparagraph (A) for a 
                prostitution offense;
                    ``(C) require the referral of an individual 
                described in subparagraph (A) to comprehensive service 
                or community-based programs that provide assistance to 
                child victims of commercial sexual exploitation, to the 
                extent that comprehensive service or community-based 
                programs exist; and
                    ``(D) provide that an individual described in 
                subparagraph (A) shall not be required to prove fraud, 
                force, or coercion in order to receive the protections 
                described under this paragraph; and''.

SEC. 7. SUBPOENA AUTHORITY.

    Section 566(e)(1) of title 28, United States Code, is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) issue administrative subpoenas in accordance with 
        section 3486 of title 18, solely for the purpose of 
        investigating unregistered sex offenders (as defined in such 
        section 3486).''.

SEC. 8. PROTECTION OF CHILD WITNESSES.

    Section 1514 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or its own motion,'' 
                        after ``attorney for the Government''; and
                            (ii) by inserting ``or investigation'' 
                        after ``Federal criminal case'' each place it 
                        appears;
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively;
                    (C) by inserting after paragraph (1) the following:
    ``(2) In the case of a minor witness or victim, the court shall 
issue a protective order prohibiting harassment or intimidation of the 
minor victim or witness if the court finds evidence that the conduct at 
issue is reasonably likely to adversely affect the willingness of the 
minor witness or victim to testify or otherwise participate in the 
Federal criminal case or investigation. Any hearing regarding a 
protective order under this paragraph shall be conducted in accordance 
with paragraphs (1) and (3), except that the court may issue an ex 
parte emergency protective order in advance of a hearing if exigent 
circumstances are present. If such an ex parte order is applied for or 
issued, the court shall hold a hearing not later than 14 days after the 
date such order was applied for or is issued.'';
                    (D) in paragraph (4), as so redesignated, by 
                striking ``(and not by reference to the complaint or 
                other document)''; and
                    (E) in paragraph (5), as so redesignated, in the 
                second sentence, by inserting before the period at the 
                end the following: ``, except that in the case of a 
                minor victim or witness, the court may order that such 
                protective order expires on the later of 3 years after 
                the date of issuance or the date of the eighteenth 
                birthday of that minor victim or witness''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Whoever knowingly and intentionally violates or attempts to 
violate an order issued under this section shall be fined under this 
title, imprisoned not more than 5 years, or both.
    ``(d)(1) As used in this section--
            ``(A) the term `course of conduct' means a series of acts 
        over a period of time, however short, indicating a continuity 
        of purpose;
            ``(B) the term `harassment' means a serious act or course 
        of conduct directed at a specific person that--
                    ``(i) causes substantial emotional distress in such 
                person; and
                    ``(ii) serves no legitimate purpose;
            ``(C) the term `immediate family member' has the meaning 
        given that term in section 115 and includes grandchildren;
            ``(D) the term `intimidation' means a serious act or course 
        of conduct directed at a specific person that--
                    ``(i) causes fear or apprehension in such person; 
                and
                    ``(ii) serves no legitimate purpose;
            ``(E) the term `restricted personal information' has the 
        meaning give that term in section 119;
            ``(F) the term `serious act' means a single act of 
        threatening, retaliatory, harassing, or violent conduct that is 
        reasonably likely to influence the willingness of a victim or 
        witness to testify or participate in a Federal criminal case or 
        investigation; and
            ``(G) the term `specific person' means a victim or witness 
        in a Federal criminal case or investigation, and includes an 
        immediate family member of such a victim or witness.
    ``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of 
paragraph (1), a court shall presume, subject to rebuttal by the 
person, that the distribution or publication using the Internet of a 
photograph of, or restricted personal information regarding, a specific 
person serves no legitimate purpose, unless that use is authorized by 
that specific person, is for news reporting purposes, is designed to 
locate that specific person (who has been reported to law enforcement 
as a missing person), or is part of a government-authorized effort to 
locate a fugitive or person of interest in a criminal, antiterrorism, 
or national security investigation.''.

SEC. 9. SENTENCING GUIDELINES.

    Pursuant to its authority under section 994 of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and amend the Federal sentencing 
guidelines and policy statements to ensure--
            (1) that the guidelines provide an additional penalty 
        increase of up to 8 offense levels, if appropriate, above the 
        sentence otherwise applicable in Part J of the Guidelines 
        Manual if the defendant was convicted of a violation of section 
        1591 of title 18, United States Code, or chapters 109A, 109B, 
        110 or 117 of title 18, United States Code; and
            (2) if the offense described in paragraph (1) involved 
        causing or threatening to cause physical injury to a person 
        under 18 years of age, in order to obstruct the administration 
        of justice, an additional penalty increase of up to 12 levels, 
        if appropriate, above the sentence otherwise applicable in Part 
        J of the Guidelines Manual.

SEC. 10. MINIMUM PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.

    (a) Certain Activities Relating to Material Involving the Sexual 
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States 
Code, is amended by inserting after ``but if'' the following: ``any 
visual depiction involved in the offense involved a prepubescent minor 
or a minor who had not attained 12 years of age, such person shall be 
fined under this title and imprisoned for not less than 1 year nor more 
than 20 years, or if''.
    (b) Certain Activities Relating to Material Constituting or 
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United 
States Code, is amended by inserting after ``but, if'' the following: 
``any image of child pornography involved in the offense involved a 
prepubescent minor or a minor who had not attained 12 years of age, 
such person shall be fined under this title and imprisoned for not less 
than 1 year nor more than 20 years, or if''.

SEC. 11. ADMINISTRATIVE SUBPOENAS.

    (a) In General.--Section 3486(a)(1) of title 18, United States 
Code, is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) by redesignating clause (ii) as clause (iii); 
                and
                    (C) by inserting after clause (i) the following:
                            ``(ii) an unregistered sex offender 
                        conducted by the United States Marshals 
                        Service, the Director of the United States 
                        Marshals Service; or''; and
            (2) in subparagraph (D)--
                    (A) by striking ``paragraph, the term'' and 
                inserting the following: ``paragraph--
            ``(i) the term'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(ii) the term `sex offender' means an individual required 
        to register under the Sex Offender Registration and 
        Notification Act (42 U.S.C. 16901 et seq.).''.
    (b) Technical and Conforming Amendments.--Section 3486(a) of title 
18, United States Code, is amended--
            (1) in paragraph (6)(A), by striking ``United State'' and 
        inserting ``United States'';
            (2) in paragraph (9), by striking ``(1)(A)(ii)'' and 
        inserting ``(1)(A)(iii)''; and
            (3) in paragraph (10), by striking ``paragraph (1)(A)(ii)'' 
        and inserting ``paragraph (1)(A)(iii)''.

SEC. 12. REDUCING UNNECESSARY PRINTING AND PUBLISHING COSTS OF 
              GOVERNMENT DOCUMENTS.

    Not later than 180 days after the date of enactment of this Act, 
the Director of the Office of Management and Budget shall coordinate 
with the heads of Federal departments and independent agencies to--
            (1) determine which Government publications could be 
        available on Government websites and no longer printed and to 
        devise a strategy to reduce overall Government printing costs 
        beginning with fiscal year 2012, except that the Director shall 
        ensure that essential printed documents prepared for Social 
        Security recipients, Medicare beneficiaries, and other 
        populations in areas with limited internet access or use 
        continue to remain available;
            (2) establish government-wide Federal guidelines on 
        employee printing;
            (3) issue on the Office of Management and Budget's public 
        website the results of a cost-benefit analysis on implementing 
        a digital signature system and on establishing employee 
        printing identification systems, such as the use of individual 
        employee cards or codes, to monitor the amount of printing done 
        by Federal employees, except that the Director of the Office of 
        Management and Budget shall ensure that Federal employee 
        printing costs unrelated to national defense, homeland 
        security, border security, national disasters, and other 
        emergencies do not exceed $860,000,000 annually for fiscal 
        years 2012 through 2014; and
            (4) issue guidelines requiring every department, agency, 
        commission or office to list at a prominent place near the 
        beginning of each publication distributed to the public and 
        issued or paid for by the Federal Government the following:
                    (A) The name of the issuing agency, department, 
                commission or office.
                    (B) The total number of copies of the document 
                printed.
                    (C) The collective cost of producing and printing 
                all of the copies of the document.
                    (D) The name of the firm publishing the document.

SEC. 13. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the Senate December 9, 2010.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.
```