[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2925 Reported in Senate (RS)]

                                                       Calendar No. 581
111th CONGRESS
  2d Session
                                S. 2925

To establish a grant program to benefit victims of sex trafficking, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 22, 2009

   Mr. Wyden (for himself, Mr. Cornyn, Mr. Franken, Mr. Merkley, Ms. 
   Cantwell, Mr. Schumer, Mr. Durbin, and Mr. Harkin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                           September 22, 2010

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To establish a grant program to benefit victims of sex trafficking, and 
                          for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Trafficking Deterrence and 
Victims Support Act of 2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Human trafficking is modern-day slavery. It is 
        the fastest-growing, and second largest, criminal enterprise in 
        the world. Human trafficking generates an estimated profit of 
        $32,000,000,000 per year, world wide.</DELETED>
        <DELETED>    (2) In the United States, human trafficking is an 
        increasing problem. This criminal enterprise includes citizens 
        of 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Minors in the United States are highly 
        vulnerable for sexual exploitation and sex trafficking. As many 
        as 2,800,000 children live on the streets. Of the estimated 
        1,600,000 children who run away each year, 77 percent return 
        home within 1 week. However, 33 percent of children who run 
        away are lured into prostitution within 48 hours of leaving 
        home.</DELETED>
        <DELETED>    (5) 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.</DELETED>
        <DELETED>    (6) 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.</DELETED>
        <DELETED>    (7) Experts estimate that over 100,000 children in 
        the United States are at risk for prostitution.</DELETED>
        <DELETED>    (8) Children who have run away from home are at a 
        high risk of becoming involved in sex trafficking. Children who 
        have run away multiple times are at much higher risk of not 
        returning home and of engaging in prostitution.</DELETED>
        <DELETED>    (9) 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.</DELETED>
        <DELETED>    (10) The average age of entry into prostitution is 
        12. Seventy-five percent of minors engaged in prostitution have 
        a pimp. A pimp can earn $200,000 per year prostituting 1 
        trafficking victim.</DELETED>
        <DELETED>    (11) Sex trafficking 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. A good model for this type of 
        approach is the Internet Crimes Against Children task force 
        program.</DELETED>
        <DELETED>    (12) 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 
        involved in crime, unable to support themselves, and continue 
        to require Government resources rather than being productive 
        contributors to the legitimate economy.</DELETED>
        <DELETED>    (13) Many domestic minor sex trafficking victims 
        are younger than 18 years old and are below the age of consent. 
        Because trafficking victims have been forced to engage in 
        prostitution rather than willfully to committing a crime, these 
        victims should not be charged as criminal defendants. Instead, 
        these victims of trafficking should have access to treatment 
        and services to help them escape and overcome being sexually 
        exploited, and should also be allowed to seek appropriate 
        remuneration from crime victims' compensation funds.</DELETED>
        <DELETED>    (14) The State of New York has adopted a safe 
        harbor law that establishes a presumption a minor charged with 
        a prostitution offense is a severely trafficked person. This 
        law allows the child to avoid criminal charges of prostitution 
        and instead be considered a ``person in need of supervision.'' 
        The statute also provides support and services to sexually 
        exploited youth 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 sexually exploited youth.</DELETED>
        <DELETED>    (15) Sex trafficking is not a problem that occurs 
        only in urban settings. This crime exists also in rural areas 
        and on Indian reservations. Efforts to address sex trafficking 
        should include partnerships with organizations that seek to 
        address the needs of such under-served communities.</DELETED>

<DELETED>SEC. 3. SENSE OF THE SENATE.</DELETED>

<DELETED>    It is the sense of the Senate that--</DELETED>
        <DELETED>    (1) the Attorney General should implement changes 
        to the National Crime Information Center database in order to 
        ensure that--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the database be programmed to cross-
                reference newly entered reports with historical records 
                already in the database; and</DELETED>
                <DELETED>    (C) the database be programmed to include 
                a visual cue on the record of a child designated as an 
                endangered juvenile in order to assist law enforcement 
                officers in recognizing the child and providing the 
                child with appropriate care and services; and</DELETED>
        <DELETED>    (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 programs relating to sex trafficking 
        education, training, deterrence, and prevention.</DELETED>

<DELETED>SEC. 4. SEX TRAFFICKING BLOCK GRANTS.</DELETED>

<DELETED>    (a) Definitions.--In this section--</DELETED>
        <DELETED>    (1) the term ``Assistant Attorney General'' means 
        the Assistant Attorney General for the Office of Justice 
        Programs of the Department of Justice;</DELETED>
        <DELETED>    (2) the term ``domestic minor'' means an 
        individual who is--</DELETED>
                <DELETED>    (A) a citizen of the United States or a 
                lawful permanent resident of the United States; 
                and</DELETED>
                <DELETED>    (B) under the age of 18 years old; 
                and</DELETED>
        <DELETED>    (3) the term ``eligible entity'' means a State or 
        unit of local government that--</DELETED>
                <DELETED>    (A) has significant sex trafficking 
                activity;</DELETED>
                <DELETED>    (B) has demonstrated cooperation between 
                State and local law enforcement agencies, prosecutors, 
                and social service providers in addressing sex 
                trafficking; and</DELETED>
                <DELETED>    (C) has developed a workable, multi-
                disciplinary plan to combat sex trafficking, 
                including--</DELETED>
                        <DELETED>    (i) the establishment of a shelter 
                        for sex trafficking victims;</DELETED>
                        <DELETED>    (ii) the provision of 
                        comprehensive services to domestic minor 
                        victims;</DELETED>
                        <DELETED>    (iii) the provision of specialized 
                        training for law enforcement officers and 
                        social service providers; and</DELETED>
                        <DELETED>    (iv) deterrence and prosecution of 
                        sex trafficking offenses.</DELETED>
<DELETED>    (b) Grants Authorized.--</DELETED>
        <DELETED>    (1) In general.--The Assistant Attorney General is 
        authorized to award 6 block grants to eligible entities in 
        different regions of the United States to combat sex 
        trafficking, and not less than 1 of the block grants shall be 
        awarded to an eligible entity with a State population of less 
        than 5,000,000.</DELETED>
        <DELETED>    (2) Grant amount.--Each grant awarded under this 
        section shall be in the amount of $2,500,000.</DELETED>
        <DELETED>    (3) Duration.--</DELETED>
                <DELETED>    (A) In general.--A grant awarded under 
                this section shall be for a period of 1 year.</DELETED>
                <DELETED>    (B) Renewal.--The Secretary may renew a 
                grant under this section for two 1-year 
                periods.</DELETED>
<DELETED>    (c) Use of Funds.--</DELETED>
        <DELETED>    (1) Allocation.--For each grant awarded under 
        subsection (b)--</DELETED>
                <DELETED>    (A) not less than 25 percent of the funds 
                shall be used to provide shelter and services to 
                victims of sex trafficking; and</DELETED>
                <DELETED>    (B) not less than 10 percent of the funds 
                shall be awarded by the eligible entity to a 
                subcontractor with annual revenues of less than 
                $750,000, to provide services to victims of sex 
                trafficking or training for law enforcement and social 
                service providers.</DELETED>
        <DELETED>    (2) Other activities.--Grants awarded pursuant to 
        subsection (b) may be used for activities such as--</DELETED>
                <DELETED>    (A) providing shelter to domestic minor 
                trafficking victims, including temporary or long-term 
                placement as appropriate;</DELETED>
                <DELETED>    (B) providing trafficking victims with 
                clothing and other daily necessities needed to keep the 
                trafficking victims from returning to living on the 
                street;</DELETED>
                <DELETED>    (C) counseling and legal services for 
                victims of sex trafficking, including substance abuse 
                treatment, trauma-informed care, and sexual abuse or 
                other mental health counseling;</DELETED>
                <DELETED>    (D) specialized training for law 
                enforcement personnel and social service providers, 
                specific to sex trafficking issues;</DELETED>
                <DELETED>    (E) funding salaries, in whole or in part, 
                for law enforcement officers, including patrol 
                officers; detectives; and investigators; provided that 
                the percentage of the salary of the law enforcement 
                officer paid for by funds from a grant awarded under 
                subsection (b) shall be no less than the percentage of 
                the time dedicated to working on sex trafficking cases 
                by the law enforcement officer;</DELETED>
                <DELETED>    (F) funding salaries for State and local 
                prosecutors, including assisting in paying trial 
                expenses for prosecution of sex trafficking law 
                offenders;</DELETED>
                <DELETED>    (G) investigation expenses, including--
                </DELETED>
                        <DELETED>    (i) wire taps;</DELETED>
                        <DELETED>    (ii) consultants with expertise 
                        specific to sex trafficking cases;</DELETED>
                        <DELETED>    (iii) travel; and</DELETED>
                        <DELETED>    (iv) any other technical 
                        assistance expenditures; and</DELETED>
                <DELETED>    (H) outreach and education programs to 
                provide information about deterrence and prevention of 
                sex trafficking, including programs to provide 
                treatment to men charged with solicitation of 
                prostitution in cases where--</DELETED>
                        <DELETED>    (i) a treatment program is an 
                        appropriate alternative to criminal 
                        prosecution; and</DELETED>
                        <DELETED>    (ii) the men were not charged with 
                        solicitation of sex with a minor.</DELETED>
<DELETED>    (d) Application.--</DELETED>
        <DELETED>    (1) In general.--Each eligible entity desiring a 
        grant under this Act 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.</DELETED>
        <DELETED>    (2) Contents.--Each application submitted pursuant 
        to paragraph (1) shall--</DELETED>
                <DELETED>    (A) describe the activities for which 
                assistance under this section is sought; and</DELETED>
                <DELETED>    (B) provide such additional assurances as 
                the Secretary determines to be essential to ensure 
                compliance with the requirements of this Act.</DELETED>
<DELETED>    (e) Evaluation.--The Assistant Attorney General shall, in 
consultation with the Comptroller General of the United States, enter 
into a contract with an academic or non-profit organization that has 
experience in sex trafficking issues 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 subsection (b).</DELETED>
<DELETED>    (f) Authorization of Appropriations.--For fiscal years 
2011 through 2014, there are authorized to be appropriated, to carry 
out the provisions of this section, the following sums:</DELETED>
        <DELETED>    (1) $45,000,000 to fund grants awarded under 
        subsection (b).</DELETED>
        <DELETED>    (2) $1,500,000 to conduct the evaluation under 
        subsection (e).</DELETED>
        <DELETED>    (3) $3,500,000 to the Attorney General, to design 
        and implement improvements to the NCIC database.</DELETED>

<DELETED>SEC. 5. REPORTING REQUIREMENTS.</DELETED>

<DELETED>    (a) Reporting Requirement for State Child Welfare 
Agencies.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in paragraph (32), by striking ``and'' 
                after the semicolon;</DELETED>
                <DELETED>    (B) in paragraph (33), by striking the 
                period and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by inserting after paragraph (33) the 
                following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Regulations.--The Secretary of Health and 
        Human Services shall promulgate regulations implementing the 
        amendment made by paragraph (1). The regulations promulgated 
        under this subsection shall include provisions to withhold 
        Federal funds to any State that fails to substantially comply 
        with the requirement imposed under the amendment made by 
        paragraph (1).</DELETED>
        <DELETED>    (3) Effective date.--The amendment made by 
        paragraph (1) shall take effect on October 1, 2010, without 
        regard to whether final regulations required under paragraph 
        (2) have been promulgated by that date.</DELETED>
<DELETED>    (b) Annual Statistical Summary.--Section 3701(c) of the 
Crime Control Act of 1990 (42 U.S.C. 5779(c)) is amended by inserting 
``, that includes the total number of reports received and the total 
number of entries made to the National Crime Information Center (NCIC) 
database'' after ``of this title''.</DELETED>
<DELETED>    (c) State Reporting.--Section 3702 of the Crime Control 
Act of 1990 (42 U.S.C. 5780) is amended in paragraph (4)--</DELETED>
        <DELETED>    (1) by striking ``(2)'' and inserting 
        ``(3)'';</DELETED>
        <DELETED>    (2) in subparagraph (A), by inserting ``, and a 
        photograph taken within the previous 180 days'' after ``dental 
        records'';</DELETED>
        <DELETED>    (3) in subparagraph (B), by striking the ``and'' 
        after the semicolon;</DELETED>
        <DELETED>    (4) by redesignating subparagraph (C) as 
        subparagraph (D); and</DELETED>
        <DELETED>    (5) by inserting after subparagraph (B) the 
        following:</DELETED>
                <DELETED>    ``(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''.</DELETED>

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.

    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.
                    ``(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 50 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.''.

SEC. 5. REPORTING REQUIREMENTS.

    (a) 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''.
    (b) 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.''.

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.

    Section 3486(a)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (A)(i)--
                    (A) by striking ``or'' after ``Federal health care 
                offense;''; and
                    (B) by striking ``children,'' and inserting the 
                following: ``children; or (III) and only for the 
                purpose of investigations by the U.S. Marshals Service 
                of an unregistered sex offender'';
            (2) in subparagraph (D)--
                    (A) by striking ``paragraph, the term'' and 
                inserting the following: ``paragraph--
            ``(i) the term'';
                    (B) by inserting ``, 2250'' after ``2243'';
                    (C) by striking the period at the end and inserting 
                ``; and''; and
                    (D) 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.).''.
                                                       Calendar No. 581

111th CONGRESS

  2d Session

                                S. 2925

_______________________________________________________________________

                                 A BILL

To establish a grant program to benefit victims of sex trafficking, and 
                          for other purposes.

_______________________________________________________________________

                           September 22, 2010

                       Reported with an amendment