[Congressional Record Volume 156, Number 172 (Tuesday, December 21, 2010)]
[House]
[Pages H8893-H8901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1700
DOMESTIC MINOR SEX TRAFFICKING DETERRENCE AND VICTIMS SUPPORT ACT OF
2010
Mr. SCOTT of Virginia. Madam Speaker, I move to suspend the rules and
pass the Senate bill (S. 2925) to establish a grant program to benefit
victims of sex trafficking, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the amendment is as follows:
Amendment:
Strike out all after the enacting clause and insert:
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
[[Page H8894]]
alerted by family or guardians in only 21 percent of the
cases. In 79 percent of cases there is no report and no
police involvement, and therefore no official attempt to find
the child.
(5) In 2007, the Administration of Children and Families,
Department of Health and Human Services, reported to the
Federal Government 265,000 cases of serious physical, sexual,
or psychological abuse of children.
(6) Experts estimate that each year at least 100,000
children in the United States are exploited through
prostitution.
(7) Children who have run away from home are at a high risk
of becoming exploited through sex trafficking. Children who
have run away multiple times are at much higher risk of not
returning home and of engaging in prostitution.
(8) The vast majority of children involved in sex
trafficking have suffered previous sexual or physical abuse,
live in poverty, or have no stable home or family life. These
children require a comprehensive framework of specialized
treatment and mental health counseling that addresses post-
traumatic stress, depression, and sexual exploitation.
(9) The average age of first exploitation through
prostitution is 13. Seventy-five percent of minors exploited
through prostitution have a pimp. A pimp can earn $200,000
per year prostituting 1 sex trafficking victim.
(10) Sex trafficking of minors is a complex and varied
criminal problem that requires a multi-disciplinary,
cooperative solution. Reducing trafficking will require the
Government to address victims, pimps, and johns, and to
provide training specific to sex trafficking for law
enforcement officers and prosecutors, and child welfare,
public health, and other social service providers.
(11) Human trafficking is a criminal enterprise that
imposes significant costs on the economy of the United
States. Government and non-profit resources used to address
trafficking include those of law enforcement, the judicial
and penal systems, and social service providers. Without a
range of appropriate treatments to help trafficking victims
overcome the trauma they have experienced, victims will
continue to be exploited by criminals and unable to support
themselves, and will continue to require Government
resources, rather than being productive contributors to the
legitimate economy.
(12) Human trafficking victims are often either not
identified as trafficking victims or are mischaracterized as
criminal offenders. Both private and public sector personnel
play a significant role in identifying trafficking victims
and potential victims, such as runaways. Examples of such
personnel include hotel staff, flight attendants, health care
providers, educators, and parks and recreation personnel.
Efforts to train these individuals can bolster law
enforcement efforts to reduce human trafficking.
(13) Minor sex trafficking victims are under the age of 18.
Because minors do not have the capacity to consent to their
own commercial sexual exploitation, minor sex trafficking
victims should not be charged as criminal defendants.
Instead, minor victims of sex trafficking should have access
to treatment and services to help them recover from their
sexual exploitation, and should also be provided access to
appropriate compensation for harm they have suffered.
(14) Several States have recently passed or are considering
legislation that establishes a presumption that a minor
charged with a prostitution offense is a severely trafficked
person and should instead be cared for through the child
protection system. Some such legislation also provides
support and services to minor sex trafficking victims who are
under the age of 18 years old. These services include safe
houses, crisis intervention programs, community-based
programs, and law-enforcement training to help officers
identify minor sex trafficking victims.
(15) Sex trafficking of minors is not a problem that occurs
only in urban settings. This crime also exists in rural areas
and on Indian reservations. Efforts to address sex
trafficking of minors should include partnerships with
organizations that seek to address the needs of such
underserved communities.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the Attorney General should implement changes to the
National Crime Information Center database to ensure that--
(A) a child entered into the database will be automatically
designated as an endangered juvenile if the child has been
reported missing not less than 3 times in a 1-year period;
(B) the database is programmed to cross-reference newly
entered reports with historical records already in the
database; and
(C) the database is programmed to include a visual cue on
the record of a child designated as an endangered juvenile to
assist law enforcement officers in recognizing the child and
providing the child with appropriate care and services;
(2) funds awarded under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.) (commonly known as Byrne Grants) should
be used to provide education, training, deterrence, and
prevention programs relating to sex trafficking of minors;
(3) States should--
(A) treat minor victims of sex trafficking as crime victims
rather than as criminal defendants or juvenile delinquents;
(B) adopt laws that--
(i) establish the presumption that a child under the age of
18 who is charged with a prostitution offense is a minor
victim of sex trafficking;
(ii) avoid the criminal charge of prostitution for such a
child, and instead consider such a child a victim of crime
and provide the child with appropriate services and
treatment; and
(iii) strengthen criminal provisions prohibiting the
purchasing of commercial sex acts, especially with minors;
(C) amend State statutes and regulations--
(i) relating to crime victim compensation to make eligible
for such compensation any individual who is a victim of sex
trafficking as defined in section 1591(a) of title 18, United
States Code, or a comparable State law against commercial
sexual exploitation of children, and who would otherwise be
ineligible for such compensation due to participation in
prostitution activities because the individual is determined
to have contributed to, consented to, benefitted from, or
otherwise participated as a party to the crime for which the
individual is claiming injury; and
(ii) relating to law enforcement reporting requirements to
provide for exceptions to such requirements for victims of
sex trafficking in the same manner as exceptions are provided
to victims of domestic violence or related crimes; and
(4) demand for commercial sex with sex trafficking victims
must be deterred through consistent enforcement of criminal
laws against purchasing commercial sex.
SEC. 4. SEX TRAFFICKING BLOCK GRANTS.
(a) In General.--Section 204 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044c) is
amended to read as follows:
``SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
``(a) Sex Trafficking Block Grants.--
``(1) Definitions.--In this section--
``(A) the term `Assistant Attorney General' means the
Assistant Attorney General for the Office of Justice Programs
of the Department of Justice;
``(B) the term `eligible entity' means a State or unit of
local government that--
``(i) has significant criminal activity involving sex
trafficking of minors;
``(ii) has demonstrated cooperation between State, local,
and, where applicable, tribal law enforcement agencies,
prosecutors, and social service providers in addressing sex
trafficking of minors;
``(iii) has developed a workable, multi-disciplinary plan
to combat sex trafficking of minors, including--
``(I) the establishment of a shelter for minor victims of
sex trafficking, through existing or new facilities;
``(II) the provision of rehabilitative care to minor
victims of sex trafficking;
``(III) the provision of specialized training for law
enforcement officers and social service providers for all
forms of sex trafficking, with a focus on sex trafficking of
minors;
``(IV) prevention, deterrence, and prosecution of offenses
involving sex trafficking of minors;
``(V) cooperation or referral agreements with organizations
providing outreach or other related services to runaway and
homeless youth; and
``(VI) law enforcement protocols or procedures to screen
all individuals arrested for prostitution, whether adult or
minor, for victimization by sex trafficking and by other
crimes, such as sexual assault and domestic violence; and
``(iv) provides an assurance that, under the plan under
clause (iii), a minor victim of sex trafficking shall not be
required to collaborate with law enforcement to have access
to any shelter or services provided with a grant under this
section;
``(C) the term `minor victim of sex trafficking' means an
individual who is--
``(i) under the age of 18 years old, and is a victim of an
offense described in section 1591(a) of title 18, United
States Code, or a comparable State law; or
``(ii) at least 18 years old but not more than 20 years
old, and who, on the day before the individual attained 18
years of age, was described in clause (i) and was receiving
shelter or services as a minor victim of sex trafficking;
``(D) the term `qualified non-governmental organization'
means an organization that--
``(i) is not a State or unit of local government, or an
agency of a State or unit of local government;
``(ii) has demonstrated experience providing services to
victims of sex trafficking or related populations (such as
runaway and homeless youth), or employs staff specialized in
the treatment of sex trafficking victims; and
``(iii) demonstrates a plan to sustain the provision of
services beyond the period of a grant awarded under this
section; and
``(E) the term `sex trafficking of a minor' means an
offense described in subsection (a) of section 1591 of title
18, United States Code, the victim of which is a minor.
``(2) Grants authorized.--
``(A) In general.--The Assistant Attorney General, in
consultation with the Assistant Secretary for Children and
Families of the Department of Health and Human Services, is
authorized to award block grants to 6 eligible entities in
different regions of the United States to combat sex
trafficking, and not fewer than 1 of the block grants shall
be awarded to an eligible entity with a State population of
less than 5,000,000. Each eligible entity awarded a block
grant under this subparagraph shall certify that Federal
[[Page H8895]]
funds received under the block grant will be used to combat
only interstate sex trafficking.
``(B) Grant amount.--Subject to the availability of
appropriations under subsection (g) to carry out this
section, each grant awarded under this section shall be for
an amount not less than $2,000,000 and not greater than
$2,500,000.
``(C) Duration.--
``(i) In general.--A grant awarded under this section shall
be for a period of 1 year.
``(ii) Renewal.--
``(I) In general.--The Assistant Attorney General may renew
a grant under this section for two 1-year periods.
``(II) Priority.--In awarding grants in any fiscal year
after the first fiscal year in which grants are awarded under
this section, the Assistant Attorney General shall give
priority to applicants that received a grant in the preceding
fiscal year and are eligible for renewal under this
subparagraph, taking into account any evaluation of such
applicant conducted pursuant to paragraph (5), if available.
``(D) Consultation.--In carrying out this section,
consultation by the Assistant Attorney General with the
Assistant Secretary for Children and Families of the
Department of Health and Human Services shall include
consultation with respect to grantee evaluations, the
avoidance of unintentional duplication of grants, and any
other areas of shared concern.
``(3) Use of funds.--
``(A) Allocation.--For each grant awarded under paragraph
(2)--
``(i) not less than 67 percent of the funds shall be used
by the eligible entity to provide shelter and services (as
described in clauses (i) through (iv) of subparagraph (B)) to
minor victims of sex trafficking through qualified
nongovernmental organizations; and
``(ii) not less than 10 percent of the funds shall be
awarded by the eligible entity to one or more qualified
nongovernmental organizations with annual revenues of less
than $750,000, to provide services to minor victims of sex
trafficking or training for service providers related to sex
trafficking of minors.
``(B) Authorized activities.--Grants awarded pursuant to
paragraph (2) may be used for--
``(i) providing shelter to minor victims of trafficking,
including temporary or long-term placement as appropriate;
``(ii) providing 24-hour emergency social services response
for minor victims of sex trafficking;
``(iii) providing minor victims of sex trafficking with
clothing and other daily necessities needed to keep such
victims from returning to living on the street;
``(iv) case management services for minor victims of sex
trafficking;
``(v) mental health counseling for minor victims of sex
trafficking, including specialized counseling and substance
abuse treatment;
``(vi) legal services for minor victims of sex trafficking;
``(vii) specialized training for law enforcement personnel,
social service providers, and public and private sector
personnel likely to encounter sex trafficking victims on
issues related to the sex trafficking of minors;
``(viii) funding salaries, in whole or in part, for law
enforcement officers, including patrol officers, detectives,
and investigators, except that the percentage of the salary
of the law enforcement officer paid for by funds from a grant
awarded under paragraph (2) shall not be more than the
percentage of the officer's time on duty that is dedicated to
working on cases involving sex trafficking of minors;
``(ix) funding salaries for State and local prosecutors,
including assisting in paying trial expenses for prosecution
of sex trafficking offenders;
``(x) investigation expenses for cases involving sex
trafficking of minors, including--
``(I) wire taps;
``(II) consultants with expertise specific to cases
involving sex trafficking of minors;
``(III) travel; and
``(IV) any other technical assistance expenditures;
``(xi) outreach and education programs to provide
information about deterrence and prevention of sex
trafficking of minors; and
``(xii) programs to provide treatment to individuals
charged or cited with purchasing or attempting to purchase
sex acts in cases where--
``(I) a treatment program can be mandated as a condition of
a sentence, fine, suspended sentence, or probation, or is an
appropriate alternative to criminal prosecution; and
``(II) the individual was not charged with purchasing or
attempting to purchase sex acts with a minor.
``(C) Prohibited activities.--Grants awarded pursuant to
paragraph (2) shall not be used for medical care (as defined
in section 2791(a)(2) of the Public Health Service Act (42
U.S.C. 300gg-91)), except that grants may be used for mental
health counseling as authorized under subparagraph (B)(v).
``(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 in
the third year.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to the Attorney General to
carry out this section $15,000,000 for each of the fiscal
years 2012 through 2014.''.
(b) Sunset Provision.--Effective 3 years after the date of
enactment of this Act, section 204 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044c) is
amended to read as it read on the day before the date of
enactment of this Act.
(c) GAO Evaluation.--Not later than 30 months after the
date of enactment of this Act, the Comptroller General of the
United States shall conduct a study of and submit to Congress
a report evaluating the impact of this Act and the amendments
made by this Act in aiding minor victims of sex trafficking
in the United States and increasing the ability of law
enforcement agencies to prosecute sex trafficking offenders,
which shall include recommendations, if any, regarding any
legislative or administrative action the Comptroller General
determines appropriate.
SEC. 5. REPORTING REQUIREMENTS.
(a) Reporting Requirement for State Child Welfare
Agencies.--
(1) Requirement for state child welfare agencies to report
children missing or abducted.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)) is amended--
(A) in paragraph (32), by striking ``and'' after the
semicolon;
(B) in paragraph (33), by striking the period and inserting
``; and''; and
(C) by inserting after paragraph (33) the following:
``(34) provides that the State has in effect procedures
that require the State agency to promptly report information
on missing or abducted children to the law enforcement
authorities for entry into the National Crime Information
Center (NCIC) database of the Federal Bureau of
Investigation, established pursuant to section 534 of title
28, United States Code.''.
(2) Regulations.--The Secretary of Health and Human
Services shall promulgate regulations implementing the
amendments made by paragraph (1). The regulations promulgated
under this subsection shall include provisions to withhold
Federal funds from any State that fails to substantially
comply with the requirement imposed under the amendments made
by paragraph (1).
(3) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 6 months after the date
of the enactment of this Act, without regard to whether final
regulations required under paragraph (2) have been
promulgated.
(b) Annual Statistical Summary.--Section 3701(c) of the
Crime Control Act of 1990 (42 U.S.C. 5779(c)) is amended by
inserting ``, which shall include the total number of reports
received and the total number of entries made to the National
Crime Information Center (NCIC) database of the Federal
Bureau of Investigation, established pursuant to section 534
of title 28, United States Code.'' after ``this title''.
(c) State Reporting.--Section 3702 of the Crime Control Act
of 1990 (42 U.S.C. 5780) is amended in paragraph (4)--
(1) by striking ``(2)'' and inserting ``(3)'';
(2) in subparagraph (A), by inserting ``, and a photograph
taken within the previous 180 days'' after ``dental
records'';
(3) in subparagraph (B), by striking ``and'' after the
semicolon;
(4) by redesignating subparagraph (C) as subparagraph (D);
and
(5) by inserting after subparagraph (B) the following:
[[Page H8896]]
``(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. 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. 8. 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, if appropriate, above the sentence otherwise
applicable in Part J of Chapter 2 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, if
appropriate, above the sentence otherwise applicable in Part
J of Chapter 2 of the Guidelines Manual.
SEC. 9. 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 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 more than 20 years,
or if''.
SEC. 10. REDUCING UNNECESSARY PRINTING AND PUBLISHING COSTS
OF GOVERNMENT DOCUMENTS.
Not later than 180 days after the date of enactment of this
Act, the Director of the Office of Management and Budget
shall coordinate with the heads of Federal departments and
independent agencies to--
(1) determine which Government publications could be
available on Government websites and no longer printed and to
devise a strategy to reduce overall Government printing costs
beginning with fiscal year 2012, except that the Director
shall ensure that essential printed documents prepared for
Social Security recipients, Medicare beneficiaries, and other
populations in areas with limited internet access or use
continue to remain available;
(2) establish government-wide Federal guidelines on
employee printing;
(3) issue on the Office of Management and Budget's public
website the results of a cost-benefit analysis on
implementing a digital signature system and on establishing
employee printing identification systems, such as the use of
individual employee cards or codes, to monitor the amount of
printing done by Federal employees, except that the Director
of the Office of Management and Budget shall ensure that
Federal employee printing costs unrelated to national
defense, homeland security, border security, national
disasters, and other emergencies do not exceed $860,000,000
annually for fiscal years 2012 through 2014; and
(4) issue guidelines requiring every department, agency,
commission or office to list at a prominent place near the
beginning of each publication distributed to the public and
issued or paid for by the Federal Government the following:
(A) The name of the issuing agency, department, commission
or office.
(B) The total number of copies of the document printed.
(C) The collective cost of producing and printing all of
the copies of the document.
(D) The name of the firm publishing the document.
SEC. 11. ADMINISTRATIVE SUBPOENAS.
Section 3486(a)(1)(D) of title 18, United States Code, is
amended by inserting ``2250,'' after ``2243,''.
SEC. 12. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Scott) and the gentleman from Texas (Mr. Poe) each will
control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that
[[Page H8897]]
all Members have 5 legislative days to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. SCOTT of Virginia. I yield myself such time as I may consume.
Madam Speaker, the primary purpose of this bill is to provide, for
the first time, specific programs to assist children who are victims of
the brutal and devastating scourge of domestic child sex trafficking in
this country.
S. 2925 authorizes grants to appropriate victims services entities to
create comprehensive victim-centered approaches to address the sex
trafficking of minors. In particular, this legislation allows funds
under the Byrne and JAG Grant Programs to be used to provide education,
training, deterrence, and prevention programs related to sex
trafficking of minors. It also provides funding to implement the
improvements in the National Crime Information Center. In addition,
this legislation strengthens laws aimed at apprehending and punishing
domestic traffickers, while also improving the ability of law
enforcement and other entities to find, rescue, and assist child
victims.
Importantly, S. 2925 also encourages States to treat minor victims of
sex trafficking as crime victims rather than as criminal defendants or
juvenile delinquents. We have made steady progress in recent years in
addressing international sex trafficking of minors, as well as adults,
under the Trafficking Victims Protection Act, which passed Congress in
2000 on a strong bipartisan basis. It was most recently reauthorized by
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, which I was pleased to help develop and shepherd through
the House.
We have worked for some time through legislation and other efforts,
such as the Congressional Caucus on Sex Trafficking, which I cochair
with the gentlelady from New York (Mrs. Maloney), the gentleman from
New Jersey (Mr. Smith), and the gentlelady from Texas (Ms. Granger), to
bring more attention to the need to better address the issue of
domestic sex trafficking, particularly trafficking of minors.
Unfortunately, we have encountered barriers to having it recognized
that these children are victims in the domestic sex trade and not
criminals.
Now, under the leadership of the Senator from Oregon, Senator Wyden,
and House Members of the Congressional Caucus on Sex Trafficking, this
is finally changing. We finally have legislation before us that not
only recognizes that children caught up in domestic sex trafficking are
victims, but also addresses the unique needs of these child victims in
being rescued and helping them pursuing a productive life.
We are amending the Senate bill to remove certain nonessential
elements of the bill, and I urge my colleagues to support the bill.
I reserve the balance of my time.
Mr. POE of Texas. Madam Speaker, I yield myself as much time as I may
consume.
Today the House considers this important bill, S. 2925, the Domestic
Minor Sex Trafficking Deterrence and Victims Support Act of 2010. The
bill was introduced by Senator Ron Wyden of Oregon and was recently
amended and passed in the Senate by unanimous consent. We had a similar
bill introduced in the House this year by my friends Mr. Smith from New
Jersey and Mrs. Maloney from New York. I would like to thank them both
for their leadership on this important issue.
Domestic minor sex trafficking is modern-day slavery and a scourge on
our society. According to Shared Hope International, at least 100,000
minor children are used in prostitution every year in just the United
States. Some sources estimate the number of minors may be as high as
300,000, though the actual number is difficult to really track. Girls
as young as 11 years of age are sold on Internet Web sites, exploited
by men for their youth and by gangs for their quote, ``reusable
qualities.'' These traffickers and the customers who buy them are the
filth of humanity.
In my other life, I was a judge in Texas, and a former Texas Ranger
told me, ``Judge, when you find one of these traffickers in court, just
get a rope.'' Not that we'd do that, but this is how bad this crime is
affecting our communities.
In my hometown of Houston, Texas, we have a Human Trafficking Rescue
Alliance. It's one of 42 in the Nation. Texas is a tier 1 trafficking
State, and Houston, unfortunately, is a hub for human trafficking. This
means that the Rescue Alliance is on the front lines of the war against
trafficking. They are doing all they can to combat trafficking in Texas
and other States. But I hear from them over and over again they just
need more resources to care for the victims of domestic minor sex
trafficking.
Too often in our system, crime victims, those women, those young
girls who are sold into slavery, are treated like criminals. They are
not criminals. They are victims of crime. And it's time we, as a
community, treat them as victims, not criminals.
Senator Wyden's bill, S. 2925, addresses the problem by authorizing
the Department of Justice, in working with the Department of Health and
Human Services, to award grants to organizations in six regionally
diverse locations that provide services for child sex trafficking
victims. Such services may include temporary and long-term placement of
victims, as well as 24-hour emergency services. The funding may also be
used to provide mental health counseling. Most importantly, funding may
be used for specialized training for law enforcement officials and
social service providers to properly identify and care for minor
trafficking victims.
When this legislation passed the Senate, important amendments were
added to strengthen the ability of law enforcement officials to further
prevent the sexual exploitation of children. Unfortunately, a number of
these amendments were stripped before the bill was brought to the House
floor. I disagree with that approach. We need tougher laws, not weaker
laws, to apprehend, convict, and incarcerate traffickers and those who
buy young girls for sex.
This bill is a good first start toward building our capacity to care
for the victims of domestic minor sex trafficking. Not one more
American child, not one more kid should be allowed to wander our
streets with their innocence for sale.
I reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Speaker, I yield 4 minutes to the
gentlelady from New York (Mrs. Maloney), who has been working hard on
this bill and has been a leader in making sure this bill continues and
has been very instrumental in making sure it saw the floor today.
Mrs. MALONEY. I thank the gentleman for his kind statement and
yielding to me.
Madam Speaker, I rise in strong support of S. 2925, the Senate
companion to my bill in the House, H.R. 5575, the Domestic Minor Sex
Trafficking Deterrence and Victims Support Act of 2010, a bipartisan
bill I introduced with Representative Chris Smith and have worked on
with Jackie Speier and Chairman Bobby Scott and others.
{time} 1710
I am grateful to Senator Wyden for his leadership on this extremely
important and devastating issue that is found right here in our own
backyards, and to Chairman Bobby Scott for his strong support and a
record of action on this issue. I thank him for holding a hearing on
this bill, having numerous meetings, and for his vital input into the
bill.
What we do today will impact the thousands of girls who have been
duped, kidnapped, drugged, and forced into selling their young bodies
for sex. It is truly a national tragedy. Too many people believe that
child sex trafficking is a problem that exists only in foreign
countries, but experts estimate that a minimum of 100,000 children in
the United States, most of whom are American citizens, are exploited
through commercial sex trafficking every year. The National Center For
Missing and Exploited Children estimates that there are as many as
300,000 to 400,000 missing children and that most of them are in this
terrible sex trade.
Although it is hard to believe, the average age of first exploitation
is 12 to 13 years old. In the years I have worked on this issue, the
age keeps getting younger and younger and younger for
[[Page H8898]]
these children. These are our daughters, their schoolmates, and their
friends.
As founder and cochair of the Human Trafficking Caucus, I have been
working for years to end the slavery of the 21st century, the trade in
human lives for sex. Human trafficking is a $10 billion industry
worldwide. It is the third-largest organized crime ring in history,
preceded only by drugs and guns. But unlike drugs and guns, which can
be sold only once, the human body can be sold over and over again, and,
sadly, a young girl of 12 or 13 is at even greater risk of being sold
for a much longer period of time, usually until they die.
Despite the need, a Congressional Research Service report that I
requested found that funding for specialized services and support for
these young girls, these victims of domestic minor sex trafficking, are
very, very limited or nonexistent. Throughout the country,
organizations helping them collectively have fewer than 100 beds to
address the needs of an estimated 100,000 young children each year.
This is simply unacceptable. This bill responds to the problem and
gives law enforcement the tools to investigate and prosecute sex
traffickers who exploit underage girls and force them into the sex
trade.
A pimp selling just four children can earn over $600,000 a year. The
risks are low and the gain is high. We live in a country where a person
is more likely to serve time for selling marijuana than selling a 14-
year-old girl. This bill will change that and treat these young women
as crime victims, not as criminals. It will create a six-State pilot
program to help law enforcement crack down on pimps and traffickers,
create shelters, and provide treatment, counseling, and legal aid for
the underage girls that are forced into sexual slavery.
Importantly, the legislation will strengthen deterrence and
prevention programs aimed at potential buyers.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SCOTT of Virginia. I yield an additional minute.
Mrs. MALONEY of New York. This bill cracks down on sex trafficking by
focusing on the demand side, the users. The bill will be considered a
model to help rescue the hundreds of thousands of under-aged girls
believed to be forced into the sex trade in America.
With this bill, we renew our promise of the 13th Amendment to the
Constitution and redouble our efforts in the fight against human
trafficking, the 21st century form of slavery. We set up a new standard
to combat the sex trafficking of children in the U.S., and we accept
our moral obligation to help the neglected victims of this horrible
crime and crack down on their abusers.
We must not let our children suffer any more. I urge my colleagues to
vote unanimously for this bill.
Mr. POE of Texas. Madam Speaker, I yield 4 minutes to the gentleman
from New Jersey (Mr. Smith), who has been instrumental in this
legislation.
Mr. SMITH of New Jersey. I thank my good friend Judge Poe for
yielding, and I rise in very strong support of the legislation. I want
to thank Chairman Scott and Carolyn Maloney, with whom I have worked
very closely on the House companion bill.
I will say at the outset, Madam Speaker, as the prime sponsor of the
historic law to combat human trafficking known as the Trafficking
Victims Protection Act of 2000, and as a Member of Congress who has
devoted more than 15 years seeking to prevent trafficking, protect
victims from exploitation and abuse, and prosecute those who enslave
with up to life imprisonment, I am happy to say that in many of our
States, laws have been passed that closely mirror the TVPA so that they
too now have powerful weapons and tools to use against those who would
so cruelly mistreat others through trafficking.
Just by way of definition, you are considered a trafficking victim if
you have not yet attained the age of 18 and have been sold for
commercial sexual exploitation or for labor trafficking, or if you are
18 or over and there is an element of force, fraud, or coercion. So I
do rise in strong support of this bill which takes us even further, S.
2925.
Madam Speaker, human trafficking, or modern day slavery, is the third
most lucrative criminal activity in the world. The ILO estimates
illicit profits gleaned each and every year as something on the order
of $31 billion. Under both Presidents Bush and Obama, domestic task
forces to combat human trafficking have been established in over 40
cities, almost 900 American children have been rescued, and much thanks
is owed to the FBI, State police, and local law enforcement.
Still, Madam Speaker, much more needs to be done. The National Center
For Missing and Exploited Children believes that at least 100,000
American children, perhaps tens of thousands more, some estimates put
it as high as 300,000, mostly runaway girls, average age 13, are
exploited in the commercial sex industry each year.
S. 2925 seeks to address the lack of shelter, the lack of a safe
place to go for domestic trafficking victims. As Carolyn Maloney said a
moment ago, estimates may be as few as 100 beds--some put it at 50--and
that is unconscionable.
As highly vulnerable victims, juvenile detention or some type of
incarceration just doesn't meet the need. These girls require a place,
a safe haven, a place where they can go where they will be helped to
deal with the huge trauma that they have experienced.
The legislation authorizes six pilot grants of between $2.2 million
to $2.5 million each in order to provide safe havens and psychological
care to address trauma. The legislation also provides law enforcement
training and beefs up reporting requirements so that missing children
are immediately entered into the national missing children's database,
the latter so that law enforcement finds a missing girl before the
pimps do.
Madam Speaker, this is a good bill, it is a bipartisan bill, and will
very tangibly assist our young runaways who sadly are so cruelly
exploited by human traffickers.
As prime sponsor of the historic law to combat human trafficking--the
Trafficking Victims Protection Act of 2000--and as a Member of Congress
who has devoted more than 15 years seeking to prevent trafficking,
protect victims from exploitation and abuse and prosecute those who
enslave up to life imprisonment, I rise in strong support of S. 2925.
Human Trafficking--modern day slavery--is the third most lucrative
criminal activity in the world. The ILO estimates illicit profits of
over $31 billion a year.
Under both presidents Bush and Obama, domestic task forces to combat
human trafficking have been established in over 40 cities. Almost 900
American children have been rescued and much thanks is owed to the FBI,
state police, and local law enforcement.
Still, much more needs to be done. The National Center for Missing
and Exploited Children and Shared Hope International believe that at
least 100,000 American children, perhaps tens of thousands more, mostly
runaway girls of the average age of 13 years old, are exploited in the
commercial sex industry each year.
S. 2925 seeks to address the lack of shelter--the lack of safe place
to go--for domestic trafficking victims. One estimate is that there are
between 50 and 100 beds for victims of domestic trafficking.
As highly vulnerable victims, private detention or some other type of
incarceration fails to recognize these young girls as cruelly exploited
victims desperately in need of help.
The legislation authorizes 6 pilot grants of $2-2.5 million in order
to provide safe havens and psychological care to address trauma.
The legislation also provides for law enforcement training and keys
up reporting requirements so that missing children are immediately
entered into the national missing children database--the latter so that
law enforcement finds a missing girl before the pimps do.
Madam Speaker, my distinguished colleague Carolyn Maloney and I
crafted the House version of the pending bill in a way that absolutely
precluded the use of funds authorized by the bill from being used to
subsidize the killing of the child in the womb by abortion. S. 2925 as
amended includes the identical language.
The Gentlelady from New York and I have deep differences on abortion,
but worked in a spirit of cooperation and resolve in order to tangibly
assist domestic victims of trafficking.
Mr. SCOTT of Virginia. Madam Speaker, I yield such time as he may
consume to the gentleman from Virginia (Mr. Moran), a very strong
supporter of the legislation and one who represents a shelter in his
district that he is a strong supporter of.
Mr. MORAN of Virginia. Madam Speaker, I thank my very good friend and
extraordinary leader on the Judiciary Committee, Congressman Bobby
[[Page H8899]]
Scott. I appreciate your principle, Congressman Scott, and I am not
surprised of your strong backing, nor am I of the fact that Carolyn
Maloney and Chris Smith authored this.
This bill is clearly bipartisan. There is really no reason to oppose
this and every reason for this entire Congress to get behind it.
You know, the horrible situation we're addressing could happen to
anyone, really, anyone that has a family. We are talking about
adolescent girls, girls who are growing up. Sometimes they have a
challenging family environment, but oftentimes it is simply the
challenge of being an adolescent, lots of emotional issues and all. So
sometimes they will run away, trying to prove something to their
parents or whatever.
Oftentimes they go to a shopping mall. The mall closes down. They are
afraid to go back right away to their parents. A predator starts
circling the mall, an older guy, somebody that suggests they will get
them food or whatever, find them a place to stay, and they trust them.
{time} 1720
Oftentimes that little girl is raped, given drugs, and then she's
threatened that what has happened to her is going to be exposed to her
parents or to her peers. She's scared to death, and so she's afraid to
break away.
In every one of these sex trafficking cases, this is about a form of
slavery where the victim wants to escape and has nowhere to go.
Unfortunately, as much as the need is enormous, as Mrs. Maloney and Mr.
Smith said, 100,000--maybe it's 300,000--of these young girls, we have
only a hundred shelter beds. Far too few of them. Most municipalities,
particularly today, don't have the money. But there's also a whole lot
of zoning issues and political reaction, NIMBYism. A neighborhood will
say, Well, this is very important, just not in my neighborhood. But
there's another neighborhood, for sure.
But a hundred beds is all we've got. We're not going to get more
unless the Federal Government takes the initiative, provides the
funding. And this is tough. Initially, they have to put up a quarter of
the cost. Then it's 40 percent. By the third year, they have to find 50
percent of the funding. And by the fourth year, when these girls are
dependent upon the shelter, they have to find all other funding. So
this is no handout. This is just a kick-start to get communities to do
something that's terribly important.
I know Mr. Smith particularly knows all the sex trafficking that goes
on around the world. We're appalled at Cambodia and Thailand and Russia
and say, Well, how can this happen? And yet it's pervasive within our
own society. We would rather look the other way, not knowing about it;
but it's there. And we've got to do something about it.
This bill does something about it. It establishes a foundation. It
will create model programs. And then what will happen is other
communities realize the need. Some parents will start to speak up. And,
most importantly, the victims will be empowered and secure enough to
speak up themselves. They are leading this effort.
We have a shelter called Courtney's House. A young adolescent victim
of sex trafficking, she named it after her daughter. It's her life's
work now. We've got to do this. It's the right thing. No good reason to
oppose it. And I appreciate the fact that it's bipartisan. This should
be one of the last bills this Congress passes because, hopefully, it
will be something we can all be very proud of.
Mr. POE of Texas. Madam Speaker, I yield 4 minutes to the gentleman
from California (Mr. Daniel E. Lungren), the former Attorney General of
California.
Mr. DANIEL E. LUNGREN of California. We rarely speak on this floor of
evil. Most of the issues we talk about are areas of controversy where
you can have men and women of good will with areas of disagreement. And
in our society we shun the idea of talking about evil because it sounds
judgmental.
This is one example where evil reigns. This is an example of one of
the worst kinds of evil in our society today because this affects the
most vulnerable among us, and it is a population that is largely hidden
from view, in some cases because we avert our eyes. In other cases
because we just don't spend the time to know.
The problem of domestic sex trafficking of minors is one that plagues
virtually every community in America. That's the surprise for many
people. They say, Not here, somewhere else. New York City. The big
cities. But it's a problem that knows no jurisdictional boundaries, as
traffickers and pimps seem to cross national and international borders
with impunity. It is a problem which exploits the young and vulnerable
and robs them of their innocence, and it is a problem that we can do
something about.
Believe it or not, many of my constituents, many in the general
Sacramento region, would be surprised to know that we hold the
unfortunate distinction of having one of the highest incidences of
domestic minor sex trafficking in the Nation, at least according to the
FBI when they did their stings just a year or so ago. One of the
reasons could be that we're at the intersection of major thoroughfares
that go north and south and come east and west. That might be a
comforting thought to others to think it's coming from somewhere else,
but we find that most of the people come from our own region and most
of them are victims.
We have a courageous police chief just outside my district in the
community of Truckee, right near Lake Tahoe, Police Chief Nick Sensley.
He's one of the experts in the world on this. And one of the things he
always stresses in the programs he's established is this: these young
women, these girls are victims. They get caught up in arrests for
prostitution and the system looks at them as criminals. Yet you look at
almost every single one of them and they are victims. And we don't do
much about it.
Oftentimes, when these young girls are able to escape from their
imprisonment because law enforcement intervenes, they're let out on the
streets shortly thereafter with nowhere to go. And what happens? The
pimps start coming around again. And guess what? They're the only one
that gives them some perverted idea of love, affection, and commitment.
This evil allows the perversion such that these young girls have no
other place to look.
We have got to do something about this. We're beginning to do
something in California and in Sacramento. We're beginning to do it in
other areas of the country. We have to do it as a Nation even more than
we have done it before because, as I say, these pimps don't recognize
boundaries. They certainly don't recognize laws. They recognize one
thing and that is the vulnerability of these young girls.
We have got to do something; and in this Christmas season, we can do
nothing better than to give this great gift of a start towards helping
communities understand the nature of the problem, begin to allow us to
refuse to avert our eyes to what's happening in our own areas, and
allow us to support this legislation which will help move us in the
right direction.
Mr. SCOTT of Virginia. Madam Speaker, I yield 3 minutes to the young
lady who has worked hard on this legislation, along with many others,
the gentlewoman from California (Ms. Speier).
Ms. SPEIER. Thank you, Mr. Chairman, for calling me young and for
your able leadership on this issue.
A special recognition must be offered to Congresswoman Maloney for
her effort in bringing this to our attention. And I'm very proud to be
associated with my colleagues on both sides of the aisle who have come
together in a true bipartisan effort here, because I think we recognize
that this is a travesty.
To speak about 300,000 youngsters in this country, girls and boys--
mostly girls, but girls and boys--who are caught up in sex slavery is
an abomination. And while this is a great first step--and I applaud it
and embrace it and support it--it is a mere $45 million and six
projects throughout the country. And we've all admitted that we're
talking about hundreds of thousands of young people impacted.
So I hope as part of this effort today we are going to redouble our
efforts and expand this program. Because I, like so many of you, have
spoken to local DAs, have spoken to local U.S. Attorneys, have spoken
to the FBI, have gone on ride-alongs in Oakland, and have witnessed
firsthand what is going on. I've gone to Courtney's House. I've gone to
many of the shelters and I've talked to the victims.
[[Page H8900]]
And I want to share just one story about one victim here in
Washington, D.C., age of 16, who got caught up in this sex trafficking
because she wanted to leave home and saw this as a way to make a new
life because this young man took her to McDonald's and bought her lunch
and then wanted to be her boyfriend. And then they needed money so, of
course, she needed to sell herself. And I asked her, How many times a
day were you forced to have sex? And she said between 10 and 15 times a
day before she finally was able to run away.
This is horrific. And it's time for us to do much more than fund six
projects across this country for $45 million. A good step--and I
embrace it. But, Members, we have to do much more.
{time} 1730
Mr. POE of Texas. I reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Speaker, I yield 4 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE of Texas. Let me thank the gentleman on the Crime
Subcommittee. I think it is appropriate at this time to thank him for
his leadership as chairman, as I have had the privilege of serving with
him. I think we have had and accepted some of the most provocative and
innovative bills that really changed the lives of human beings, and I
thank him very much for his service.
Let me applaud as well Congresswoman Maloney, Congressman Smith, and
my colleague from Texas.
Madam Speaker, slavery is alive, and I rise to support the underlying
bill dealing with domestic trafficking and to thank the Senate for
getting this over in the hours within which we have to function to make
sure that we move this legislation forward.
Houston is particularly an epicenter, if you will, for this kind of
activity. Being not so far away from the border, we have seen the
increase of human trafficking and smuggling grow exponentially, and
certainly, we all are familiar with the tragedy that happened in
Victoria just a few years ago where we saw the loss of human lives that
were being trafficked. So we know there is a constant, steady flow of
individuals who are coming, but this is the most dastardly and heinous
aspect of it. I am glad my colleagues have already indicated that this
is a domestic problem, that even though we can go to Bangladesh and we
can go to parts of Africa and other parts of South Asia, we find human
trafficking right here in our backyard.
I remember our former colleague Hilda Solis, now the Secretary of
Labor, mentioning the loss of lives of women on the Mexican-U.S. border
who would just simply disappear. Some of them were prostitutes; some of
them young girls; and to this day, lives and/or those girls are still
missing. So the stories go on and on and on. Frankly, I think there
could be no better initiative to come in these last hours than this
legislation.
I want to pay tribute to some of the individuals who are on the
ground, if you will, who we don't hear of quite frequently.
The sheriff in Harris County, Adrian Garcia, recognizes the
devastation of human trafficking, has set up a task force, which we are
working with, and has attempted to make sure that he has the funding to
stop the tide of those who call themselves ``pimps'' but who project
themselves as boyfriends and friends and counselors and nurturers, who
take these young girls in--some girls that you never ever find again.
I want to pay tribute as well to the Children at Risk, another
Houston-based organization that acknowledged and wrote a report on
human trafficking that occurs in our locale. It is important to know
that these various organizations really had to be self-starters
because, as they began to talk about human trafficking, no one else
was, and you were in a city by yourself.
Why are you talking about human trafficking? Isn't that global or
international or something far away from here?
I want to pay tribute to Kathryn Griffin, who has an organization
that might have a provocative name--We've Been There Done That. She is
dealing with not only this broad question of human trafficking but of
prostitutes who come in all ages who are attempting to rehabilitate
themselves. She has established a home, and she is trying to counter
the ridiculousness of 100 beds existing for these young girls who find
themselves in these conditions.
So, Madam Speaker, I started out by saying that slavery does exist.
I, frankly, believe that one of the aspects of this bill is to be able
to go after the service builders, if you will--the pimps, the users--
and to be able to ensure that there is a place for someone to go.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SCOTT of Virginia. Madam Speaker, how much time do I have
remaining?
The SPEAKER pro tempore. The gentleman from Virginia has 1\1/2\
minutes remaining.
Mr. SCOTT of Virginia. I yield 1 minute to the gentlewoman from
Texas.
Ms. JACKSON LEE of Texas. This is to proclaim that we will not suffer
this and tolerate this.
As my colleague from Texas indicated, we may want to be tier 1 in
education, but we are not trying to be tier 1 in modern slavery, human
suffering, and human smuggling. Therefore, enough is enough.
I look forward to this bill being signed by the President. I look
forward to our bringing relief and acknowledging that slavery is here
but that we are ready to stamp it out to save the lives of these young
girls.
Mr. POE of Texas. I yield myself such time as I may consume.
I do want to thank the gentlelady from New York (Mrs. Maloney) and
the gentleman from New Jersey (Mr. Smith), who are both sitting here
together to show their support for this bipartisan legislation.
I believe that important, good legislation passes this House when it
is bipartisan, and nothing could be more important than trying to
protect the greatest resource we have in our community, which is those
young children who live among us. This legislation is important for a
whole lot of reasons.
It is ironic, Madam Speaker, that in international sex trafficking,
if we have that situation in the United States where, say, a young girl
is trafficked into the United States from Honduras, and she is rescued
by law enforcement, she is treated like a victim of crime because she
is an international individual. If the same situation occurs where an
American citizen, a young girl, is trafficked from Sacramento to
Houston and she is rescued in Houston, she is not treated as a victim
of crime; she is generally treated as a criminal. That especially is
true in places like Texas, where domestic trafficking victims are
treated as criminals.
Not to blame law enforcement, but they don't know what to do with
these young girls. There is no place to put them. There is no place to
take them. So they file charges on them for prostitution, minors
committing prostitution, so they can protect them by locking them up.
That is why many times they file charges. However, though, they are not
criminals. They are victims of criminal conduct. Once she has that
label of prostitute, even though she is a minor, we all know because of
public records nowadays that that sticks with that young girl forever
no matter how it turns out in that criminal case.
So we have to change the mindset in this country to make sure that we
understand when a victim--a young girl--is put in that situation
because of her environment or whatever and is forced into modern day
slavery, that we treat her as a victim of crime, and when she is
rescued by law enforcement, that she is rescued and not put into the
criminal justice system. This bill moves us in that direction, and it
is important that we continue to understand that.
This is a hard situation. For the young girls who find themselves in
that position--who go into prostitution because of being forced to do
so--once they are rescued, they are difficult to deal with. They have a
hard time coming back into a normal society because they are beat down
emotionally and they are beat down physically. So it is difficult to
deal with them, and it is not easy to bring them back. But just because
it is hard, it is no reason we shouldn't be involved in helping the
youth of our community and in making sure that we rescue them one at a
[[Page H8901]]
time. It is no reason we shouldn't take whatever funds are necessary to
make sure that we treat them with the dignity that they deserve.
Then, on the other end, when we capture that trafficker, that
individual who makes money--that filthy lucre--from transporting a
child from one part of the United States to another, we treat him as he
deserves, and he gets justice at the courthouse.
Then the customers who buy those children for sexual favors, we treat
those people with justice. They get justice whether they want it or
not, and we hold them accountable for the ways they have treated the
youth of this Nation.
{time} 1740
So we have a long way to go; but this is a start, recognizing that
those young girls, mainly young girls, are victims of crime.
I want to thank the sponsors of this legislation. I, too, want to
compliment those in the Houston area and the Rescue Alliance, the
Children At Risk, a nongovernment agency that's doing everything they
can to rescue those children; Sheriff Adrian Garcia, Constable Ron
Hickman, all working together to stop this epidemic that is
consistently growing in this country.
And I can agree that there's no more important legislation that we
could pass than legislation this time of year to take care of our
greatest natural resource: young children.
I yield back the balance of my time.
Mr. SCOTT of Virginia. Madam Speaker, I want to thank the gentleman
from Texas for his statement; again, thank the gentleman from New
Jersey and the gentlelady from New York for their hard work on this
bill. Many children in the future will benefit from the work of these
two individuals and the House of Representatives and U.S. Senate.
With that, Madam Speaker, I urge my colleagues to support the bill.
Ms. JACKSON LEE of Texas. Madam Speaker, I rise today in strong
support of S. 2925, the ``Domestic Minor Sex Trafficking and Deterrence
and Victims Support Act of 2010.'' This bill calls for funds awarded
under the Edward Byrne Memorial Justice Assistance Grant Program to be
used to provide education, training, deterrence, and prevention
programs relating to sex trafficking of minors. It also calls for
states to treat minor victims of sex trafficking as crime victims
rather than as criminal defendants or juvenile delinquents. States
should adopt and amend laws that protect minors who are victims of sex
trafficking, and make such minors eligible for compensation.
Furthermore, S. 2925 calls for consistent law enforcement to be used to
deter demands for commercial sex with sex trafficking victims.
The issues associated with the exploitation of children here in the
U.S., and all over, are ones that I am very passionate about. The fact
that children are recruited, harbored, transported, provided, or
obtained for the purpose of a commercial sex act is appalling and I
believe we should thrust our efforts behind meaningful policies and
laws, such as the Domestic Minor Sex Trafficking Deterrence and Victims
Support Act, that will put an end to such acts.
During the Congressional Black Caucus' Annual Legislative Conference,
which took place this past September at the Washington Convention
Center, I held an issue forum to bring attention to issues plaguing our
Nation's children--missing children who are exploited in the commercial
sex trade. In this forum, we brought together a number of professionals
and experts to bring light to this issue and, more importantly,
determine best practices for deterring such behavior in order to put an
end to these horrid practices. Many of the methods and practices
highlighted in that forum are present in S. 2925; yet another reason
why I so fervently support this bill.
Hearing the statistics about the exploitation of children will make
you cringe, as they are especially disturbing. Nationally, 450,000
children run away from home each year. One out of every three teens on
the street will be lured toward prostitution within 48 hours of leaving
home. Statistically, this means at least 150,000 children are lured
into prostitution each year. The National Center for Missing and
Exploited Children (NCMEC) data shows 100,000 to 293,000 children have
become sexual commodities. Twelve is the average age of entry into
pornography and prostitution in the U.S. This is a universal problem--
these children can come from any race, ethnic group, or religious
background, and all socio-economic classes.
The common denominator amongst these children is their vulnerability.
Many of these children have been emotionally bruised as a result of
abuse--sexual assault and/or familial molestation. Many children
vulnerable to domestic minor sex trafficking are homeless, runaways,
throwaways, and youth who have ended up in the foster care system and
child protective services.
Of the 2.8 million children living on the streets, which alone is an
appalling statistic, over a third of them are lured into prostitution
as a way to support themselves financially. Others are recruited
through forced abduction or deceptive agreements between parents and
traffickers. These children are often shipped off to different
locations and isolated from family and peers, left to rely on a system
of pimp-controlled sexual exploitation--escort and massage services,
private dancing, pornographic clubs, just to name a few.
The fact that we live in a virtual world now has had a major impact
on how domestic minor commercial sex trafficking takes place. The
Internet has completely changed the dynamics of prostitution and
trafficking, making it easier for prostitutes and traffickers to
connect with clients without too many layers of intermediaries. As a
result, the Internet has become an intermediary, often without the
knowledge of those Internet service providers (ISPs) who are the
conduits. Increasingly, certain Web sites and online marketplaces have
been bearing the brunt of much criticism for providing a medium for
online minor sex trafficking.
The Domestic Minor Sex Trafficking Deterrence and Victims Support Act
allows us to take the necessary actions to combat this new tech-savvy
generation of prostitution and minor sex trafficking. As a senior
member of the House Judiciary Committee, I have had the opportunity to
examine how children are trafficked in the U.S., including the role
that the Internet plays, and the challenges that these cases pose to
law enforcement. It is my hope that the passage of S. 2925 will make
way for implementation of prevention methods that will help law
enforcement place an effective road block on this horrendous practice.
Furthermore, the Domestic Minor Sex Trafficking Deterrence and
Victims Support Act addresses the unique needs of those who have been
victimized by sex trafficking. As mentioned before, many of the
children who end up as victims of this practice enter into the world of
minor sex trafficking with scars, and leave with even more. They come
from broken homes, are victims of abuse, assault, and may suffer from
emotional problems. Passage of S. 2925 will provide support for victims
of minor sex trafficking and help to rehabilitate survivors so that
they may re-enter society successfully.
Again, I would like to reirecate, my strong support for S. 2925, the
Domestic Minor Sex Trafficking Deterrence and Victims Support Act, for
it is an important first step in addressing a problem that plagues our
nation and the world.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Scott) that the House suspend the rules
and pass the bill, S. 2925, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________