In the House of Representatives, U. S., 

December 21, 2010. 

Resolved, That the bill from the Senate (S. 2925) entitled ‘‘An Act to establish a grant program to benefit victims 

of sex trafficking, and for other purposes.’’, do pass with the 

following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

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

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

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

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

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

8 criminal enterprise in the world. Human trafficking 

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

10 year, world wide. 

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

12 an increasing problem. This criminal enterprise vic13 timizes individuals in the United States, many of 

14 them children, who are forced into prostitution, and 

15 foreigners brought into the country, often under false 
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1 pretenses, who are coerced into forced labor or com2 mercial sexual exploitation. 

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

4 areas of human trafficking. Criminal gang members 

5 in the United States are increasingly involved in re6 cruiting young women and girls into sex trafficking. 

7 Interviews with gang members indicate that the gang 

8 members regard working as an individual who solic9 its customers for a prostitute (commonly known as a 

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

11 but with a much lower chance of being criminally 

12 convicted. 

13 (4) National Incidence Studies of Missing, Ab14 ducted, Runaway and Throwaway Children, the de15 finitive study of episodes of missing children, found 

16 that of the children who are victims of non-family ab17 duction, runaway or throwaway children, the police 

18 are alerted by family or guardians in only 21 percent 

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

20 and no police involvement, and therefore no official 

21 attempt to find the child. 

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

23 Families, Department of Health and Human Serv24 ices, reported to the Federal Government 265,000 
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1 cases of serious physical, sexual, or psychological 

2 abuse of children. 

3 (6) Experts estimate that each year at least 

4 100,000 children in the United States are exploited 

5 through prostitution. 

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

7 at a high risk of becoming exploited through sex traf8 ficking. Children who have run away multiple times 

9 are at much higher risk of not returning home and 

10 of engaging in prostitution. 

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

12 trafficking have suffered previous sexual or physical 

13 abuse, live in poverty, or have no stable home or fam14 ily life. These children require a comprehensive frame15 work of specialized treatment and mental health coun16 seling that addresses post-traumatic stress, depression, 

17 and sexual exploitation. 

18 (9) The average age of first exploitation through 

19 prostitution is 13. Seventy-five percent of minors ex20 ploited through prostitution have a pimp. A pimp 

21 can earn $200,000 per year prostituting 1 sex traf22 ficking victim. 

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

24 varied criminal problem that requires a multi-dis25 ciplinary, cooperative solution. Reducing trafficking 
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1 will require the Government to address victims, 

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

3 sex trafficking for law enforcement officers and pros4 ecutors, and child welfare, public health, and other so5 cial service providers. 

6 (11) Human trafficking is a criminal enterprise 

7 that imposes significant costs on the economy of the 

8 United States. Government and non-profit resources 

9 used to address trafficking include those of law en10 forcement, the judicial and penal systems, and social 

11 service providers. Without a range of appropriate 

12 treatments to help trafficking victims overcome the 

13 trauma they have experienced, victims will continue 

14 to be exploited by criminals and unable to support 

15 themselves, and will continue to require Government 

16 resources, rather than being productive contributors to 

17 the legitimate economy. 

18 (12) Human trafficking victims are often either 

19 not identified as trafficking victims or are 

20 mischaracterized as criminal offenders. Both private 

21 and public sector personnel play a significant role in 

22 identifying trafficking victims and potential victims, 

23 such as runaways. Examples of such personnel in24 clude hotel staff, flight attendants, health care pro25 viders, educators, and parks and recreation personnel. 
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1 Efforts to train these individuals can bolster law en2 forcement efforts to reduce human trafficking. 

3 (13) Minor sex trafficking victims are under the 

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

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

7 charged as criminal defendants. Instead, minor vic8 tims of sex trafficking should have access to treatment 

9 and services to help them recover from their sexual ex10 ploitation, and should also be provided access to ap11 propriate compensation for harm they have suffered. 

12 (14) Several States have recently passed or are 

13 considering legislation that establishes a presumption 

14 that a minor charged with a prostitution offense is a 

15 severely trafficked person and should instead be cared 

16 for through the child protection system. Some such 

17 legislation also provides support and services to 

18 minor sex trafficking victims who are under the age 

19 of 18 years old. These services include safe houses, cri20 sis intervention programs, community-based pro21 grams, and law-enforcement training to help officers 

22 identify minor sex trafficking victims. 

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

24 that occurs only in urban settings. This crime also ex25 ists in rural areas and on Indian reservations. Ef-
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1 forts to address sex trafficking of minors should in2 clude partnerships with organizations that seek to ad3 dress the needs of such underserved communities. 

4 SEC. 3. SENSE OF CONGRESS. 

5 It is the sense of the Congress that— 

6 (1) the Attorney General should implement 

7 changes to the National Crime Information Center 

8 database to ensure that— 

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

10 automatically designated as an endangered juve11 nile if the child has been reported missing not 

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

13 (B) the database is programmed to cross14 reference newly entered reports with historical 

15 records already in the database; and 

16 (C) the database is programmed to include 

17 a visual cue on the record of a child designated 

18 as an endangered juvenile to assist law enforce19 ment officers in recognizing the child and pro20 viding the child with appropriate care and serv21 ices; 

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

23 title I of the Omnibus Crime Control and Safe Streets 

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

25 known as Byrne Grants) should be used to provide 
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1 education, training, deterrence, and prevention pro2 grams relating to sex trafficking of minors; 

3 (3) States should— 

4 (A) treat minor victims of sex trafficking as 

5 crime victims rather than as criminal defendants 

6 or juvenile delinquents; 

7 (B) adopt laws that— 

8 (i) establish the presumption that a 

9 child under the age of 18 who is charged 

10 with a prostitution offense is a minor vic11 tim of sex trafficking; 

12 (ii) avoid the criminal charge of pros13 titution for such a child, and instead con14 sider such a child a victim of crime and 

15 provide the child with appropriate services 

16 and treatment; and 

17 (iii) strengthen criminal provisions 

18 prohibiting the purchasing of commercial 

19 sex acts, especially with minors; 

20 (C) amend State statutes and regulations— 

21 (i) relating to crime victim compensa22 tion to make eligible for such compensation 

23 any individual who is a victim of sex traf24 ficking as defined in section 1591(a) of title 

25 18, United States Code, or a comparable 
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1 State law against commercial sexual exploi2 tation of children, and who would otherwise 

3 be ineligible for such compensation due to 

4 participation in prostitution activities be5 cause the individual is determined to have 

6 contributed to, consented to, benefitted from, 

7 or otherwise participated as a party to the 

8 crime for which the individual is claiming 

9 injury; and 

10 (ii) relating to law enforcement report11 ing requirements to provide for exceptions 

12 to such requirements for victims of sex traf13 ficking in the same manner as exceptions 

14 are provided to victims of domestic violence 

15 or related crimes; and 

16 (4) demand for commercial sex with sex traf17 ficking victims must be deterred through consistent 

18 enforcement of criminal laws against purchasing 

19 commercial sex. 

20 SEC. 4. SEX TRAFFICKING BLOCK GRANTS. 

21 (a) IN GENERAL.—Section 204 of the Trafficking Vic22 tims Protection Reauthorization Act of 2005 (42 U.S.C. 

23 14044c) is amended to read as follows: 
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1 ‘‘SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO 

2 COMBAT TRAFFICKING IN PERSONS. 

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

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

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

6 means the Assistant Attorney General for the Of7 fice of Justice Programs of the Department of 

8 Justice; 

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

10 or unit of local government that— 

11 ‘‘(i) has significant criminal activity 

12 involving sex trafficking of minors; 

13 ‘‘(ii) has demonstrated cooperation be14 tween State, local, and, where applicable, 

15 tribal law enforcement agencies, prosecutors, 

16 and social service providers in addressing 

17 sex trafficking of minors; 

18 ‘‘(iii) has developed a workable, multi19 disciplinary plan to combat sex trafficking 

20 of minors, including— 

21 ‘‘(I) the establishment of a shelter 

22 for minor victims of sex trafficking, 

23 through existing or new facilities; 

24 ‘‘(II) the provision of rehabilita25 tive care to minor victims of sex traf26 ficking; 
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1 ‘‘(III) the provision of specialized 

2 training for law enforcement officers 

3 and social service providers for all 

4 forms of sex trafficking, with a focus 

5 on sex trafficking of minors; 

6 ‘‘(IV) prevention, deterrence, and 

7 prosecution of offenses involving sex 

8 trafficking of minors; 

9 ‘‘(V) cooperation or referral agree10 ments with organizations providing 

11 outreach or other related services to 

12 runaway and homeless youth; and 

13 ‘‘(VI) law enforcement protocols or 

14 procedures to screen all individuals ar15 rested for prostitution, whether adult 

16 or minor, for victimization by sex traf17 ficking and by other crimes, such as 

18 sexual assault and domestic violence; 

19 and 

20 ‘‘(iv) provides an assurance that, 

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

22 victim of sex trafficking shall not be re23 quired to collaborate with law enforcement 

24 to have access to any shelter or services pro25 vided with a grant under this section; 
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1 ‘‘(C) the term ‘minor victim of sex traf2 ficking’ means an individual who is— 

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

4 is a victim of an offense described in section 

5 1591(a) of title 18, United States Code, or 

6 a comparable State law; or 

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

8 than 20 years old, and who, on the day be9 fore the individual attained 18 years of age, 

10 was described in clause (i) and was receiv11 ing shelter or services as a minor victim of 

12 sex trafficking; 

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

14 organization’ means an organization that— 

15 ‘‘(i) is not a State or unit of local gov16 ernment, or an agency of a State or unit of 

17 local government; 

18 ‘‘(ii) has demonstrated experience pro19 viding services to victims of sex trafficking 

20 or related populations (such as runaway 

21 and homeless youth), or employs staff spe22 cialized in the treatment of sex trafficking 

23 victims; and 
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1 ‘‘(iii) demonstrates a plan to sustain 

2 the provision of services beyond the period 

3 of a grant awarded under this section; and 

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

5 means an offense described in subsection (a) of 

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

7 victim of which is a minor. 

8 ‘‘(2) GRANTS AUTHORIZED.— 

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

10 General, in consultation with the Assistant Sec11 retary for Children and Families of the Depart12 ment of Health and Human Services, is author13 ized to award block grants to 6 eligible entities 

14 in different regions of the United States to com15 bat sex trafficking, and not fewer than 1 of the 

16 block grants shall be awarded to an eligible enti17 ty with a State population of less than 

18 5,000,000. Each eligible entity awarded a block 

19 grant under this subparagraph shall certify that 

20 Federal funds received under the block grant will 

21 be used to combat only interstate sex trafficking. 

22 ‘‘(B) GRANT AMOUNT.—Subject to the avail23 ability of appropriations under subsection (g) to 

24 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 Chil-
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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 67 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 ‘‘(C) PROHIBITED ACTIVITIES.—Grants 

19 awarded pursuant to paragraph (2) shall not be 

20 used for medical care (as defined in section 

21 2791(a)(2) of the Public Health Service Act (42 

22 U.S.C. 300gg–91)), except that grants may be 

23 used for mental health counseling as authorized 

24 under subparagraph (B)(v). 

25 ‘‘(4) APPLICATION.— 
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1 ‘‘(A) IN GENERAL.—Each eligible entity de2 siring a grant under this section shall submit an 

3 application to the Assistant Attorney General at 

4 such time, in such manner, and accompanied by 

5 such information as the Assistant Attorney Gen6 eral may reasonably require. 

7 ‘‘(B) CONTENTS.—Each application sub8 mitted pursuant to subparagraph (A) shall— 

9 ‘‘(i) describe the activities for which 

10 assistance under this section is sought; and 

11 ‘‘(ii) provide such additional assur12 ances as the Assistant Attorney General de13 termines to be essential to ensure compli14 ance with the requirements of this section. 

15 ‘‘(5) EVALUATION.—The Assistant Attorney Gen16 eral shall enter into a contract with an academic or 

17 non-profit organization that has experience in issues 

18 related to sex trafficking of minors and evaluation of 

19 grant programs to conduct an annual evaluation of 

20 grants made under this section to determine the im21 pact and effectiveness of programs funded with grants 

22 awarded under paragraph (2). 

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

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

25 funds for any unauthorized expenditure or otherwise unal-
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1 lowable cost shall not be eligible for any grant funds award2 ed under the block grant for 2 fiscal years following the 

3 year in which the unauthorized expenditure or unallowable 

4 cost is reported. 

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

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

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

8 violated the terms or conditions of a Government grant pro9 gram by utilizing grant funds for unauthorized expendi10 tures or otherwise unallowable costs. 

11 ‘‘(d) ADMINISTRATIVE CAP.—The cost of admin12 istering the grants authorized by this section shall not ex13 ceed 3 percent of the total amount appropriated to carry 

14 out this section. 

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

16 and 2013, the Inspector General of the Department of Jus17 tice shall conduct an audit of all 6 grantees awarded block 

18 grants under this section. 

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

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

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

22 percent inj the third year. 

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

24 are authorized to be appropriated to the Attorney General 
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1 to carry out this section $15,000,000 for each of the fiscal 

2 years 2012 through 2014.’’. 

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

4 date of enactment of this Act, section 204 of the Trafficking 

5 Victims Protection Reauthorization Act of 2005 (42 U.S.C. 

6 14044c) is amended to read as it read on the day before 

7 the date of enactment of this Act. 

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

9 after the date of enactment of this Act, the Comptroller Gen10 eral of the United States shall conduct a study of and sub11 mit to Congress a report evaluating the impact of this Act 

12 and the amendments made by this Act in aiding minor vic13 tims of sex trafficking in the United States and increasing 

14 the ability of law enforcement agencies to prosecute sex traf15 ficking offenders, which shall include recommendations, if 

16 any, regarding any legislative or administrative action the 

17 Comptroller General determines appropriate. 

18 SEC. 5. REPORTING REQUIREMENTS. 

19 (a) REPORTING REQUIREMENT FOR STATE CHILD

20 WELFARE AGENCIES.— 

21 (1) REQUIREMENT FOR STATE CHILD WELFARE

22 AGENCIES TO REPORT CHILDREN MISSING OR AB23 DUCTED.—Section 471(a) of the Social Security Act 

24 (42 U.S.C. 671(a)) is amended— 
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1 (A) in paragraph (32), by striking ‘‘and’’ 

2 after the semicolon; 

3 (B) in paragraph (33), by striking the pe4 riod and inserting ‘‘; and’’; and 

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

6 following: 

7 ‘‘(34) provides that the State has in effect proce8 dures that require the State agency to promptly re9 port information on missing or abducted children to 

10 the law enforcement authorities for entry into the Na11 tional Crime Information Center (NCIC) database of 

12 the Federal Bureau of Investigation, established pur13 suant to section 534 of title 28, United States Code.’’. 

14 (2) REGULATIONS.—The Secretary of Health and 

15 Human Services shall promulgate regulations imple16 menting the amendments made by paragraph (1). The 

17 regulations promulgated under this subsection shall 

18 include provisions to withhold Federal funds from 

19 any State that fails to substantially comply with the 

20 requirement imposed under the amendments made by 

21 paragraph (1). 

22 (3) EFFECTIVE DATE.—The amendment made by 

23 paragraph (1) shall take effect on the date that is 6 

24 months after the date of the enactment of this Act, 
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1 without regard to whether final regulations required 

2 under paragraph (2) have been promulgated. 

3 (b) ANNUAL STATISTICAL SUMMARY.—Section 3701(c) 

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

5 amended by inserting ‘‘, which shall include the total num6 ber of reports received and the total number of entries made 

7 to the National Crime Information Center (NCIC) database 

8 of the Federal Bureau of Investigation, established pursuant 

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

10 title’’. 

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

12 Control Act of 1990 (42 U.S.C. 5780) is amended in para13 graph (4)— 

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

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

16 photograph taken within the previous 180 days’’ after 

17 ‘‘dental records’’; 

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

19 the semicolon; 

20 (4) by redesignating subparagraph (C) as sub21 paragraph (D); and 

22 (5) by inserting after subparagraph (B) the fol23 lowing: 

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

25 and Exploited Children of each report received 
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1 relating to a child reported missing from a foster 

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

3 SEC. 6. PROTECTION FOR CHILD TRAFFICKING VICTIMS 

4 AND SURVIVORS. 

5 Section 225(b) of the Trafficking Victims Reauthoriza6 tion Act of 2008 (22 U.S.C. 7101 note) is amended— 

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

8 end; 

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

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

13 ‘‘(2) protects children exploited through prostitu14 tion by including safe harbor provisions that— 

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

16 age who has been arrested for offering to engage 

17 in or engaging in a sexual act with another per18 son in exchange for monetary compensation as a 

19 victim of a severe form of trafficking in persons; 

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

21 an individual described in subparagraph (A) for 

22 a prostitution offense; 

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

24 described in subparagraph (A) to comprehensive 

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

2 sexual exploitation, to the extent that comprehen3 sive service or community-based programs exist; 

4 and 

5 ‘‘(D) provide that an individual described 

6 in subparagraph (A) shall not be required to 

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

8 the protections described under this paragraph; 

9 and’’. 

10 SEC. 7. PROTECTION OF CHILD WITNESSES. 

11 Section 1514 of title 18, United States Code, is amend12 ed— 

13 (1) in subsection (b)— 

14 (A) in paragraph (1)— 

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

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

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

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

19 appears; 

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

21 and (4) as paragraphs (3), (4), and (5), respec22 tively; 

23 (C) by inserting after paragraph (1) the fol24 lowing: 
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1 ‘‘(2) In the case of a minor witness or victim, the court 

2 shall issue a protective order prohibiting harassment or in3 timidation of the minor victim or witness if the court finds 

4 evidence that the conduct at issue is reasonably likely to 

5 adversely affect the willingness of the minor witness or vic6 tim to testify or otherwise participate in the Federal crimi7 nal case or investigation. Any hearing regarding a protec8 tive order under this paragraph shall be conducted in ac9 cordance with paragraphs (1) and (3), except that the court 

10 may issue an ex parte emergency protective order in ad11 vance of a hearing if exigent circumstances are present. If 

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

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

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

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

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

17 or other document)’’; and 

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

19 the second sentence, by inserting before the pe20 riod at the end the following: ‘‘, except that in 

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

22 may order that such protective order expires on 

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

24 the date of the eighteenth birthday of that minor 

25 victim or witness’’; and 
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1 (2) by striking subsection (c) and inserting the 

2 following: 

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

4 attempts to violate an order issued under this section shall 

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

6 or both. 

7 ‘‘(d)(1) As used in this section— 

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

9 of acts over a period of time, however short, indi10 cating a continuity of purpose; 

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

12 or course of conduct directed at a specific person 

13 that— 

14 ‘‘(i) causes substantial emotional distress in 

15 such person; and 

16 ‘‘(ii) serves no legitimate purpose; 

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

18 the meaning given that term in section 115 and in19 cludes grandchildren; 

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

21 or course of conduct directed at a specific person 

22 that— 

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

24 person; and 

25 ‘‘(ii) serves no legitimate purpose; 
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1 ‘‘(E) the term ‘restricted personal information’ 

2 has the meaning give that term in section 119; 

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

4 threatening, retaliatory, harassing, or violent conduct 

5 that is reasonably likely to influence the willingness 

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

7 Federal criminal case or investigation; and 

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

9 witness in a Federal criminal case or investigation, 

10 and includes an immediate family member of such a 

11 victim or witness. 

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

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

14 rebuttal by the person, that the distribution or publication 

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

16 information regarding, a specific person serves no legiti17 mate purpose, unless that use is authorized by that specific 

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

19 that specific person (who has been reported to law enforce20 ment as a missing person), or is part of a government-au21 thorized effort to locate a fugitive or person of interest in 

22 a criminal, antiterrorism, or national security investiga23 tion.’’. 
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1 SEC. 8. SENTENCING GUIDELINES. 

2 Pursuant to its authority under section 994 of title 

3 28, United States Code, and in accordance with this section, 

4 the United States Sentencing Commission shall review and 

5 amend the Federal sentencing guidelines and policy state6 ments to ensure— 

7 (1) that the guidelines provide an additional 

8 penalty increase, if appropriate, above the sentence 

9 otherwise applicable in Part J of Chapter 2 of the 

10 Guidelines Manual if the defendant was convicted of 

11 a violation of section 1591 of title 18, United States 

12 Code, or chapter 109A, 109B, 110 or 117 of title 18, 

13 United States Code; and 

14 (2) if the offense described in paragraph (1) in15 volved causing or threatening to cause physical injury 

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

17 the administration of justice, an additional penalty 

18 increase, if appropriate, above the sentence otherwise 

19 applicable in Part J of Chapter 2 of the Guidelines 

20 Manual. 

21 SEC. 9. PENALTIES FOR POSSESSION OF CHILD PORNOG22 RAPHY. 

23 (a) CERTAIN ACTIVITIES RELATING TO MATERIAL IN24 VOLVING THE SEXUAL EXPLOITATION OF MINORS.—Section 

25 2252(b)(2) of title 18, United States Code, is amended by 

26 inserting after ‘‘but if’’ the following: ‘‘any visual depiction 
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1 involved in the offense involved a prepubescent minor or 

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

3 shall be fined under this title and imprisoned for not more 

4 than 20 years, or if’’. 

5 (b) CERTAIN ACTIVITIES RELATING TO MATERIAL

6 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

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

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

9 image of child pornography involved in the offense involved 

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

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

12 imprisoned for not more than 20 years, or if’’. 

13 SEC. 10. REDUCING UNNECESSARY PRINTING AND PUB14 LISHING COSTS OF GOVERNMENT DOCU15 MENTS. 

16 Not later than 180 days after the date of enactment 

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

18 Budget shall coordinate with the heads of Federal depart19 ments and independent agencies to— 

20 (1) determine which Government publications 

21 could be available on Government websites and no 

22 longer printed and to devise a strategy to reduce over23 all Government printing costs beginning with fiscal 

24 year 2012, except that the Director shall ensure that 

25 essential printed documents prepared for Social Secu-
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1 rity recipients, Medicare beneficiaries, and other pop2 ulations in areas with limited internet access or use 

3 continue to remain available; 

4 (2) establish government-wide Federal guidelines 

5 on employee printing; 

6 (3) issue on the Office of Management and Budg7 et’s public website the results of a cost-benefit analysis 

8 on implementing a digital signature system and on 

9 establishing employee printing identification systems, 

10 such as the use of individual employee cards or codes, 

11 to monitor the amount of printing done by Federal 

12 employees, except that the Director of the Office of 

13 Management and Budget shall ensure that Federal 

14 employee printing costs unrelated to national defense, 

15 homeland security, border security, national disasters, 

16 and other emergencies do not exceed $860,000,000 an17 nually for fiscal years 2012 through 2014; and 

18 (4) issue guidelines requiring every department, 

19 agency, commission or office to list at a prominent 

20 place near the beginning of each publication distrib21 uted to the public and issued or paid for by the Fed22 eral Government the following: 

23 (A) The name of the issuing agency, depart24 ment, commission or office. 
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1 (B) The total number of copies of the docu2 ment printed. 

3 (C) The collective cost of producing and 

4 printing all of the copies of the document. 

5 (D) The name of the firm publishing the 

6 document. 

7 SEC. 11. ADMINISTRATIVE SUBPOENAS. 

8 Section 3486(a)(1)(D) of title 18, United States Code, 

9 is amended by inserting ‘‘2250,’’ after ‘‘2243,’’. 

10 SEC. 12. BUDGETARY EFFECTS. 

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

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

13 shall be determined by reference to the latest statement titled 

14 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

15 submitted for printing in the Congressional Record by the 

16 Chairman of the House Budget Committee, provided that 

17 such statement has been submitted prior to the vote on pas18 sage. 

Attest: 

Clerk. 
111TH CONGRESS 

2D SESSION S. 2925 

AMENDMENT