Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010

Bill: 111-s-2925
Sponsor: Sen. Wyden, Ron [D-OR]
Introduced: 2009-12-22 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Adoption and foster care
Child care and development
Child safety and welfare
Crime victims
Crimes against children
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Criminal procedure and sentencing
Domestic violence and child abuse
Evidence and witnesses
Human trafficking
Law enforcement administration and funding
Law enforcement officers
Pornography
Sex offenses
Smuggling and trafficking

Summary:
action_date: 2009-12-22
text: 
Trafficking Deterrence and Victims Support Act of 2009 - Expresses the sense of the Senate that the Attorney General should implement changes to the National Crime Information Center (NCIC) to identify endangered juveniles. 
 
Authorizes the Assistant Attorney General for the Office of Justice Programs to award one-year block grants to up to six state or local governments in different regions of the United States that have significant sex trafficking to combat such trafficking. Requires grant funds to be used to provide shelter and services to victims of sex trafficking and for training for law enforcement and social service providers.
 
Amends title IV of the Social Security Act (Grants to States for Needy Families with Children and for Child-Welfare Services) to require states to adopt procedures for reporting information on missing or abducted children for entry into the NCIC database. 
 
Amends the Crime Control Act of 1990 to require: (1) the Attorney General's annual statistical summary under such Act to include the total number of missing child reports received and the total number of entries made to the NCIC database; and (2) state law enforcement agencies to update the record of a missing child with a photograph taken within the previous 180 days and to notify the National Center for Missing and Exploited Children of each report of a child missing from a foster care family home or childcare institution. 

action_date: 2010-09-22
text: 
Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010 - Expresses the sense of Congress that: (1) the Attorney General should implement changes to the National Crime Information Center (NCIC) database to ensure that a child entered into the database will be automatically designated as an endangered juvenile if the child has been reported missing not less than three times in a one-year period, that the NCIC database is programmed to cross-reference newly entered reports with historical records, and that such database is programmed to include a visual cue on the record of a child designated as an endangered juvenile; (2) funds awarded under the Edward Byrne Memorial Justice Assistance Grant Program should be used to provide education, training, deterrence, and prevention programs relating to sex trafficking of minors; (3) states should treat minor victims of sex trafficking as crime victims rather than as criminal defendants or juvenile delinquents, adopt and amend laws that protect minors who are victims of sex trafficking, and make such minors eligible for compensation; and (4) demand for commercial sex with sex trafficking victims must be deterred through consistent law enforcement. 
 
Amends the Trafficking Victims Protection Reauthorization Act of 2005 to revise the grant program to combat trafficking in persons to authorize the Assistant Attorney General for the Office of Justice Programs to award block grants to up to six state or local governments in different regions of the United States to combat sex trafficking. Requires at least one of such block grants to be awarded to an entity with a state population of less than 5 million. Specifies authorized uses of grant funds, including providing shelter to minor victims of trafficking, case management services, mental health counseling, legal services, and outreach and education programs to provide information about deterrence and prevention of sex trafficking of minors. Requires the Inspector General of the Department of Justice (DOJ) to conduct an audit in FY2012 and FY2013 of all six grantees awarded block grants. Authorizes appropriations for FY2012-FY2014.
 
Amends the Crime Control Act of 1990 to require: (1) the Attorney General's annual statistical summary under such Act to include the total number of missing child reports received and the total number of entries made to the NCIC database; and (2) state law enforcement agencies to update the record of a missing child with a photograph taken within the previous 180 days and to notify the National Center for Missing and Exploited Children of each report of a child missing from a foster care family home or childcare institution.
 
Amends the Trafficking Victims Reauthorization Act of 2008 to require the inclusion of safe harbor provisions for children exploited through prostitution in model state antitrafficking statutes.
 
Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes.
 
Amends the federal criminal code to: (1) expand protection of minor victims and witnesses from harassment or intimidation; (2) impose a minimum one-year prison term for possession of certain child pornography; and (3) allow the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the U.S. Marshals Service.

action_date: 2010-12-09
text: 
Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010 - (Sec. 3) Expresses the sense of Congress that: (1) the Attorney General should implement changes to the National Crime Information Center (NCIC) database to ensure that a child entered into the database will be automatically designated as an endangered juvenile if the child has been reported missing not less than three times in a one-year period, that the NICIC database is programmed to cross-reference newly entered reports with historical records, and that such database is programmed to include a visual cue on the record of a child designated as an endangered juvenile; (2) funds awarded under the Edward Byrne Memorial Justice Assistance Grant Program should be used to provide education, training, deterrence, and prevention programs relating to sex trafficking of minors; (3) states should treat minor victims of sex trafficking as crime victims rather than as criminal defendants or juvenile delinquents, adopt and amend laws that protect minors who are victims of sex trafficking, and make such minors eligible for compensation; and (4) demand for commercial sex with sex trafficking victims must be deterred through consistent law enforcement. 
 
(Sec. 4) Amends the Trafficking Victims Protection Reauthorization Act of 2005 to revise the grant program to combat trafficking in persons to authorize the Assistant Attorney General for the Office of Justice Programs to award block grants to up to six state or local governments in different regions of the United States to combat sex trafficking. Requires: (1) at least one of such block grants to be awarded to an entity with a state population of less than 5 million; and (2) grant recipients to certify that grant funds will be used to combat only interstate sex trafficking.
 
 Specifies authorized uses of grant funds, including providing shelter to minor victims of trafficking, case management services, mental health counseling, legal services, and outreach and education programs to provide information about deterrence and prevention of sex trafficking of minors. Requires the Comptroller General of the Department of Justice (DOJ) to conduct an audit in FY2012 and FY2013 of all six grantees awarded block grants. Authorizes appropriations for FY2012-FY2014.
 
Terminates the amendments made by this section three years after enactment. Requires the Comptroller General to Study and report to Congress on the impact of 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.
 
(Sec. 5) Amends title IV of the Social Security Act (Grants to States for Needy Families with Children and for Child-Welfare Services) to require states to adopt procedures for reporting information on missing or abducted children for entry into the NCIC database.
 
Amends the Crime Control Act of 1990 to require: (1) the Attorney General's annual statistical summary under such Act to include the total number of missing child reports received and the total number of entries made to the NCIC database; and (2) state law enforcement agencies to update the record of a missing child with a photograph taken within the previous 180 days and to notify the National Center for Missing and Exploited Children of each report of a child missing from a foster care family home or childcare institution.
 
(Sec. 6) Amends the Trafficking Victims Reauthorization Act of 2008 to require the inclusion of safe harbor provisions for children exploited through prostitution in model state antitrafficking statutes.
 
(Sec. 7) Amends the federal criminal code to: (1) expand protection of minor victims and witnesses from harassment or intimidation; (2) impose a minimum one-year prison term for possession of certain child pornography; and (3) allow the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the U.S. Marshals Service.
 
(Sec. 9) Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes.
 
(Sec. 12) Requires the Director of the Office of Management and Budget (OMB), within 180 days after the enactment of this Act, to coordinate with the heads of federal departments and independent agencies to devise a strategy and establish guidelines to reduce overall government printing costs beginning with FY2012.
 
(Sec. 13) Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010. 

action_date: 2010-12-21
text: 
Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010 - (Sec. 3) Expresses the sense of Congress that: (1) the Attorney General should implement changes to the National Crime Information Center (NCIC) database to ensure that a child entered into the database will be automatically designated as an endangered juvenile if the child has been reported missing not less than three times in a one-year period, that the NCIC database is programmed to cross-reference newly entered reports with historical records, and that such database is programmed to include a visual cue on the record of a child designated as an endangered juvenile; (2) funds awarded under the Edward Byrne Memorial Justice Assistance Grant Program should be used to provide education, training, deterrence, and prevention programs relating to sex trafficking of minors; (3) states should treat minor victims of sex trafficking as crime victims rather than as criminal defendants or juvenile delinquents, adopt and amend laws that protect minors who are victims of sex trafficking, and make such minors eligible for compensation; and (4) demand for commercial sex with sex trafficking victims must be deterred through consistent law enforcement. 
 
(Sec. 4) Amends the Trafficking Victims Protection Reauthorization Act of 2005 to revise the grant program to combat trafficking in persons to authorize the Assistant Attorney General for the Office of Justice Programs to award block grants to up to six state or local governments in different regions of the United States to combat sex trafficking. Requires: (1) at least one of such block grants to be awarded to an entity with a state population of less than 5 million; and (2) grant recipients to certify that grant funds will be used to combat only interstate sex trafficking.
 
 Specifies authorized uses of grant funds, including providing shelter to minor victims of trafficking, case management services, mental health counseling, legal services, and outreach and education programs to provide information about deterrence and prevention of sex trafficking of minors. Prohibits such grants from being used for medical care, except for mental health counseling. Requires the Inspector General of the Department of Justice (DOJ) to conduct an audit in FY2012 and FY2013 of all six grantees awarded block grants. Authorizes appropriations for FY2012-FY2014.
 
Terminates the amendments made by this section three years after enactment. Requires the Comptroller General to study and report to Congress on the impact of 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.
 
(Sec. 5) Amends title IV of the Social Security Act (Grants to States for Needy Families with Children and for Child-Welfare Services) to require states to adopt procedures for reporting information on missing or abducted children for entry into the NCIC database
 
Amends the Crime Control Act of 1990 to require: (1) the Attorney General's annual statistical summary under such Act to include the total number of missing child reports received and the total number of entries made to the NCIC database; and (2) state law enforcement agencies to update the record of a missing child with a photograph taken within the previous 180 days and to notify the National Center for Missing and Exploited Children of each report of a child missing from a foster care family home or childcare institution.
 
(Sec. 6) Amends the Trafficking Victims Reauthorization Act of 2008 to require the inclusion of safe harbor provisions for children exploited through prostitution in model state antitrafficking statutes.
 
(Sec. 7) Amends the federal criminal code to: (1) expand protection of minor victims and witnesses from harassment or intimidation; and (2) impose a fine and/or prison term of up to 20 years for the possession of pornographic images of a child under the age of 12.
 
(Sec. 8) Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes.
 
(Sec. 10) Requires the Director of the Office of Management and Budget (OMB), within 180 days after the enactment of this Act, to coordinate with the heads of federal departments and independent agencies to devise a strategy and establish guidelines to reduce overall government printing costs beginning with FY2012.
 
(Sec. 12) Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010. 


Legislative actions:
action_date: 2010-12-21
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2010-12-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-12-21
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8893-8896)
action_date: 2010-12-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8893-8896)
action_date: 2010-12-21
text: DEBATE - The House proceeded with forty minutes of debate on S. 2925.
action_date: 2010-12-21
text: Considered under suspension of the rules. (consideration: CR H8893-8901)
action_date: 2010-12-21
text: Mr. Scott (VA) moved to suspend the rules and pass the bill, as amended.
action_date: 2010-12-20
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2010-12-13
text: Referred to House Budget
action_date: 2010-12-13
text: Referred to House Oversight and Government Reform
action_date: 2010-12-13
text: Referred to House Ways and Means
action_date: 2010-12-13
text: 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.
action_date: 2010-12-13
text: Referred to House Judiciary
action_date: 2010-12-13
text: Received in the House.
action_date: 2010-12-10
text: Message on Senate action sent to the House.
action_date: 2010-12-09
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S8696-8700)
action_date: 2010-12-09
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S8696-8700)
action_date: 2010-12-09
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2010-12-09
text: Measure laid before Senate by unanimous consent. (consideration: CR S8692-8701; text of measure as reported in Senate: CR S8692-8696)
action_date: 2010-09-22
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 581.
action_date: 2010-09-22
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2010-09-22
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2010-08-05
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2010-02-24
text: Committee on the Judiciary Subcommittee on Human Rights and the Law. Hearings held.
action_date: 2009-12-22
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S13788-13790)
action_date: 2009-12-22
text: Sponsor introductory remarks on measure. (CR S13788)
action_date: 2009-12-22
text: Introduced in Senate