[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[Senate]
[Pages 19441-19450]
[From the U.S. Government Publishing Office, www.gpo.gov]




         TRAFFICKING DETERRENCE AND VICTIMS SUPPORT ACT OF 2009

  Mr. WYDEN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 581, S. 2925.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 2925) to establish a grant program to benefit 
     victims of sex trafficking, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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.

[[Page 19442]]



     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 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.''.

     SEC. 5. REPORTING REQUIREMENTS.

       (a) Annual Statistical Summary.--Section 3701(c) of the 
     Crime Control Act of 1990 (42

[[Page 19443]]

     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.).''.


                            sex trafficking

  Mr. COBURN. I support the goals of this legislation and believe that 
slavery, in any form, is morally reprehensible. Sex trafficking is a 
global epidemic, and we should endeavor to eliminate this industry, 
especially due to its effects on minors who are victims of this 
practice. However, I believe we can and must do so in a fiscally 
responsible manner that avoids duplication of existing laws and 
programs and upholds the Constitution.
  Mr. WYDEN. I thank the Senator from Oklahoma for his constructive 
work in helping to craft an agreement to pass S. 2925. As he notes, sex 
trafficking is modern day slavery. It is a morally reprehensible 
epidemic that ensnares far too many children, and there is far too 
little awareness of the

[[Page 19444]]

scope of this criminal enterprise in the United States. I also agree 
that in combating this heinous crime, and providing law enforcement 
agencies and services providers with effective tools, Congress must 
take care to do so in a manner that is fiscally responsible and that 
avoids inefficiency and duplication.
  Mr. COBURN. Although the Subcommittee on Human Rights held a hearing 
on child prostitution this year, it did not fully explore the 
effectiveness of existing law and grant programs, and whether there are 
loopholes or problems that need to be fixed in order to make the 
Federal Government's efforts more effective. There are multiple 
programs for trafficking victims under existing law, but some of them 
remain unclear and confusing. In fact, many of them have never received 
congressional funding. Thus, while I agree with the Senator from Oregon 
that there seems to be a disparity between the resources provided to 
domestic victims and those provided to international victims, I 
conveyed to him in our negotiations that I question whether we cannot 
already provide most of those resources under existing law. As a 
result, I am committed to vigorous oversight of these issues during the 
reauthorization of the Trafficking Victims Protection Reauthorization 
Act, TVPRA, which expires next year.
  Mr. WYDEN. I agree with the Senator from Oklahoma that an important 
role of Congress is to provide oversight to help make Federal programs 
more effective, to increase efficiency, and to reduce duplication, 
waste, and unnecessary expenditures. I have discussed with the Senator 
from Oklahoma his work on the deficit commission, and as he knows, I 
serve on the Senate Budget Committee and I am very concerned about 
controlling government spending and working to ensure the most 
efficient and effective use of government resources. The level of debt 
that our nation has accumulated is very concerning and is a threat to 
economic growth and sound fiscal policy. In accordance with these 
concerns, I agree with the Senator from Oklahoma that when the TVPRA 
reauthorization occurs, the Senate should carefully consider all 
programs to combat human trafficking, including S. 2925, to determine 
which programs provide the most effective impact, and whether there is 
duplication, inefficiency, or waste that can and should be reduced.
  Mr. COBURN. I thank the Senator from Oregon for recognizing the dire 
state of our economy and his willingness to offset the cost of this 
legislation. The U.S. national debt is now over $13.8 trillion and 
growing. As a result, it is irresponsible for Congress to jeopardize 
the future standard of living of our children by borrowing from future 
generations. In the TVPRA reauthorization next year, it is imperative 
that we examine all trafficking victims grant programs, including this 
one, for waste, fraud and abuse, as well as their effect on the 
deficit. Our country is too fragile and these minor victims are too 
important for Congress to shirk its duty to perform oversight. I look 
forward to working with the Senator from Oregon to ensure this and 
other trafficking victims grant programs are performing effectively, 
efficiently and within the bounds of the Constitution.
  Mr. WYDEN. Mr. President, I ask unanimous consent that the committee 
substitute amendment be considered; that the two Wyden amendments which 
are at the desk be agreed to en bloc; that the committee substitute, as 
amended, be agreed to; the bill, as amended, be read a third time, and 
that a budgetary pay-go statement be read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 4751 and 4752) were agreed to, as follows:


                           amendment no. 4751

           (Purpose: To strengthen the reporting requirement)

       Strike section 5 and insert the following:

     SEC. 5. REPORTING REQUIREMENTS.

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


                           Amendment No. 4752

                (Purpose: To make technical corrections)

       On page 23, line 2, insert ``(a) In General.--'' before 
     ``Section 204''.
       On page 26, line 22, after the period add: ``Each eligible 
     entity awarded a block grant under this subparagraph shall 
     certify that Federal funds received under the block grant 
     will be used to combat only interstate sex trafficking.''.
       On page 28, line 9, strike ``50 percent'' and insert ``67 
     percent''.
       On page 33, between lines 20 and 21, insert the following:
       (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.
       On page 36, line 14, insert ``(as defined in such section 
     3486)'' after ``sex offenders''.
       On page 41, line 21, insert ``(a) In General.--'' before 
     ``Section 3486(a)(1)''.
       On page 41, strike line 23 and all that follows through 
     page 42, line 4, and insert the following:
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``or'' at the end;
       (B) by redesignating clause (ii) as clause (iii); and
       (C) by inserting after clause (i) the following:
       ``(ii) an unregistered sex offender conducted by the United 
     States Marshals Service, the Director of the United States 
     Marshals Service; or''; and
       On page 42, strike line 9.
       On page 42, line 10, strike ``(C)'' and insert ``(B)''.
       On page 42, line 12, strike ``(D)'' and insert ``(C)''.
       On page 42, after line 15, add the following:
       (b) Technical and Conforming Amendments.--Section 3486(a) 
     of title 18, United States Code, is amended--
       (1) in paragraph (6)(A), by striking ``United State'' and 
     inserting ``United States'';
       (2) in paragraph (9), by striking ``(1)(A)(ii)'' and 
     inserting ``(1)(A)(iii)''; and
       (3) in paragraph (10), by striking ``paragraph (1)(A)(ii)'' 
     and inserting ``paragraph (1)(A)(iii)''.

[[Page 19445]]



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

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

     SEC. 13. BUDGETARY EFFECTS.

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

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2925) was ordered to be engrossed for a third reading 
and was read the third time.
  The assistant legislative clerk read as follows:

       Mr. Conrad: This is the Statement of Budgetary Effects of 
     PAYGO Legislation for S. 2925, as amended.
       Total Budgetary Effects of S. 2925 for the 5-year Statutory 
     PAYGO Scorecard: $0.
       Total Budgetary Effects of S. 2925 for the 10-year 
     Statutory PAYGO Scorecard: $0.
       Also submitted for the Record as part of this statement is 
     a table prepared by the Congressional Budget Office, which 
     provides additional information on the budgetary effects of 
     this Act, as follows:

  CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 2925, THE DOMESTIC MINOR SEX TRAFFICKING DETERRENCE AND VICTIMS SUPPORT ACT OF 2010, WITH
                                                     AMENDMENTS PROVIDED TO CBO ON DECEMBER 6, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2011-2015  2011-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Net Increase of Decrease (-) in the Deficit
 
Statutory Pay-As-You-Go Impact\1\...........................      0      0      0      0      0      0      0      0      0      0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\S. 2925 would establish a new federal crime relating to the violation of certain protective orders issued by courts. Violators of the bill's
  provisions could be subject to criminal fines, so the government might collect more fines if the bill is enacted. Criminal fines are recorded as
  revenues, then deposited in the Crime Victims Fund, and later spent. Enacting S. 2925 could increase revenues and direct spending, but CBO estimates
  that the net budget impact would not be significant in any year.

  Mr. WYDEN. Mr. President, I ask unanimous consent that the bill be 
passed, the motions to reconsider be laid upon the table, with no 
intervening action or debate, and any statements related to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2925), as amended, was passed, as follows:

                                S. 2925

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

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

[[Page 19446]]

     of sex trafficking should have access to treatment and 
     services to help them recover from their sexual exploitation, 
     and should also be provided access to appropriate 
     compensation for harm they have suffered.
       (14) Several States have recently passed or are considering 
     legislation that establishes a presumption that a minor 
     charged with a prostitution offense is a severely trafficked 
     person and should instead be cared for through the child 
     protection system. Some such legislation also provides 
     support and services to minor sex trafficking victims who are 
     under the age of 18 years old. These services include safe 
     houses, crisis intervention programs, community-based 
     programs, and law-enforcement training to help officers 
     identify minor sex trafficking victims.
       (15) Sex trafficking of minors is not a problem that occurs 
     only in urban settings. This crime also exists in rural areas 
     and on Indian reservations. Efforts to address sex 
     trafficking of minors should include partnerships with 
     organizations that seek to address the needs of such 
     underserved communities.

     SEC. 3. SENSE OF CONGRESS.

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

     SEC. 4. SEX TRAFFICKING BLOCK GRANTS.

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

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

       ``(a) Sex Trafficking Block Grants.--
       ``(1) Definitions.--In this section--
       ``(A) the term `Assistant Attorney General' means the 
     Assistant Attorney General for the Office of Justice Programs 
     of the Department of Justice;
       ``(B) the term `eligible entity' means a State or unit of 
     local government that--
       ``(i) has significant criminal activity involving sex 
     trafficking of minors;
       ``(ii) has demonstrated cooperation between State, local, 
     and, where applicable, tribal law enforcement agencies, 
     prosecutors, and social service providers in addressing sex 
     trafficking of minors;
       ``(iii) has developed a workable, multi-disciplinary plan 
     to combat sex trafficking of minors, including--

       ``(I) the establishment of a shelter for minor victims of 
     sex trafficking, through existing or new facilities;
       ``(II) the provision of rehabilitative care to minor 
     victims of sex trafficking;
       ``(III) the provision of specialized training for law 
     enforcement officers and social service providers for all 
     forms of sex trafficking, with a focus on sex trafficking of 
     minors;
       ``(IV) prevention, deterrence, and prosecution of offenses 
     involving sex trafficking of minors;
       ``(V) cooperation or referral agreements with organizations 
     providing outreach or other related services to runaway and 
     homeless youth; and
       ``(VI) law enforcement protocols or procedures to screen 
     all individuals arrested for prostitution, whether adult or 
     minor, for victimization by sex trafficking and by other 
     crimes, such as sexual assault and domestic violence; and

       ``(iv) provides an assurance that, under the plan under 
     clause (iii), a minor victim of sex trafficking shall not be 
     required to collaborate with law enforcement to have access 
     to any shelter or services provided with a grant under this 
     section;
       ``(C) the term `minor victim of sex trafficking' means an 
     individual who is--
       ``(i) under the age of 18 years old, and is a victim of an 
     offense described in section 1591(a) of title 18, United 
     States Code, or a comparable State law; or
       ``(ii) at least 18 years old but not more than 20 years 
     old, and who, on the day before the individual attained 18 
     years of age, was described in clause (i) and was receiving 
     shelter or services as a minor victim of sex trafficking;
       ``(D) the term `qualified non-governmental organization' 
     means an organization that--
       ``(i) is not a State or unit of local government, or an 
     agency of a State or unit of local government;
       ``(ii) has demonstrated experience providing services to 
     victims of sex trafficking or related populations (such as 
     runaway and homeless youth), or employs staff specialized in 
     the treatment of sex trafficking victims; and
       ``(iii) demonstrates a plan to sustain the provision of 
     services beyond the period of a grant awarded under this 
     section; and
       ``(E) the term `sex trafficking of a minor' means an 
     offense described in subsection (a) of section 1591 of title 
     18, United States Code, the victim of which is a minor.
       ``(2) Grants authorized.--
       ``(A) In general.--The Assistant Attorney General, in 
     consultation with the Assistant Secretary for Children and 
     Families of the Department of Health and Human Services, is 
     authorized to award block grants to 6 eligible entities in 
     different regions of the United States to combat sex 
     trafficking, and not fewer than 1 of the block grants shall 
     be awarded to an eligible entity with a State population of 
     less than 5,000,000. Each eligible entity awarded a block 
     grant under this subparagraph shall certify that Federal 
     funds received under the block grant will be used to combat 
     only interstate sex trafficking.
       ``(B) Grant amount.--Subject to the availability of 
     appropriations under subsection (g) to carry out this 
     section, each grant awarded under this section shall be for 
     an amount not less than $2,000,000 and not greater than 
     $2,500,000.
       ``(C) Duration.--
       ``(i) In general.--A grant awarded under this section shall 
     be for a period of 1 year.
       ``(ii) Renewal.--

       ``(I) In general.--The Assistant Attorney General may renew 
     a grant under this section for two 1-year periods.
       ``(II) Priority.--In awarding grants in any fiscal year 
     after the first fiscal year in which grants are awarded under 
     this section, the Assistant Attorney General shall give 
     priority to applicants that received a grant in the preceding 
     fiscal year and are eligible for renewal under this 
     subparagraph, taking into account any evaluation of such 
     applicant conducted pursuant to paragraph (5), if available.

       ``(D) Consultation.--In carrying out this section, 
     consultation by the Assistant Attorney General with the 
     Assistant Secretary for Children and Families of the 
     Department of Health and Human Services shall include 
     consultation with respect to grantee evaluations, the 
     avoidance of unintentional duplication of grants, and any 
     other areas of shared concern.
       ``(3) Use of funds.--
       ``(A) Allocation.--For each grant awarded under paragraph 
     (2)--
       ``(i) not less than 67 percent of the funds shall be used 
     by the eligible entity to provide shelter and services (as 
     described in clauses (i) through (iv) of subparagraph (B)) to 
     minor victims of sex trafficking through qualified 
     nongovernmental organizations; and
       ``(ii) not less than 10 percent of the funds shall be 
     awarded by the eligible entity to one or more qualified 
     nongovernmental organizations with annual revenues of less 
     than $750,000, to provide services to minor victims of sex 
     trafficking or training for service providers related to sex 
     trafficking of minors.
       ``(B) Authorized activities.--Grants awarded pursuant to 
     paragraph (2) may be used for--
       ``(i) providing shelter to minor victims of trafficking, 
     including temporary or long-term placement as appropriate;
       ``(ii) providing 24-hour emergency social services response 
     for minor victims of sex trafficking;

[[Page 19447]]

       ``(iii) providing minor victims of sex trafficking with 
     clothing and other daily necessities needed to keep such 
     victims from returning to living on the street;
       ``(iv) case management services for minor victims of sex 
     trafficking;
       ``(v) mental health counseling for minor victims of sex 
     trafficking, including specialized counseling and substance 
     abuse treatment;
       ``(vi) legal services for minor victims of sex trafficking;
       ``(vii) specialized training for law enforcement personnel, 
     social service providers, and public and private sector 
     personnel likely to encounter sex trafficking victims on 
     issues related to the sex trafficking of minors;
       ``(viii) funding salaries, in whole or in part, for law 
     enforcement officers, including patrol officers, detectives, 
     and investigators, except that the percentage of the salary 
     of the law enforcement officer paid for by funds from a grant 
     awarded under paragraph (2) shall not be more than the 
     percentage of the officer's time on duty that is dedicated to 
     working on cases involving sex trafficking of minors;
       ``(ix) funding salaries for State and local prosecutors, 
     including assisting in paying trial expenses for prosecution 
     of sex trafficking offenders;
       ``(x) investigation expenses for cases involving sex 
     trafficking of minors, including--

       ``(I) wire taps;
       ``(II) consultants with expertise specific to cases 
     involving sex trafficking of minors;
       ``(III) travel; and
       ``(IV) any other technical assistance expenditures;

       ``(xi) outreach and education programs to provide 
     information about deterrence and prevention of sex 
     trafficking of minors; and
       ``(xii) programs to provide treatment to individuals 
     charged or cited with purchasing or attempting to purchase 
     sex acts in cases where--

       ``(I) a treatment program can be mandated as a condition of 
     a sentence, fine, suspended sentence, or probation, or is an 
     appropriate alternative to criminal prosecution; and
       ``(II) the individual was not charged with purchasing or 
     attempting to purchase sex acts with a minor.

       ``(4) Application.--
       ``(A) In general.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Assistant Attorney General at such time, in such manner, and 
     accompanied by such information as the Assistant Attorney 
     General may reasonably require.
       ``(B) Contents.--Each application submitted pursuant to 
     subparagraph (A) shall--
       ``(i) describe the activities for which assistance under 
     this section is sought; and
       ``(ii) provide such additional assurances as the Assistant 
     Attorney General determines to be essential to ensure 
     compliance with the requirements of this section.
       ``(5) Evaluation.--The Assistant Attorney General shall 
     enter into a contract with an academic or non-profit 
     organization that has experience in issues related to sex 
     trafficking of minors and evaluation of grant programs to 
     conduct an annual evaluation of grants made under this 
     section to determine the impact and effectiveness of programs 
     funded with grants awarded under paragraph (2).
       ``(b) Mandatory Exclusion.--Any grantee awarded funds under 
     this section that is found to have utilized grant funds for 
     any unauthorized expenditure or otherwise unallowable cost 
     shall not be eligible for any grant funds awarded under the 
     block grant for 2 fiscal years following the year in which 
     the unauthorized expenditure or unallowable cost is reported.
       ``(c) Compliance Requirement.--A grantee shall not be 
     eligible to receive a grant under this section if within the 
     last 5 fiscal years, the grantee has been found to have 
     violated the terms or conditions of a Government grant 
     program by utilizing grant funds for unauthorized 
     expenditures or otherwise unallowable costs.
       ``(d) Administrative Cap.--The cost of administering the 
     grants authorized by this section shall not exceed 3 percent 
     of the total amount appropriated to carry out this section.
       ``(e) Audit Requirement.--For fiscal years 2012 and 2013, 
     the Inspector General of the Department of Justice shall 
     conduct an audit of all 6 grantees awarded block grants under 
     this section.
       ``(f) Match Requirement.--A grantee of a grant under this 
     section shall match at least 25 percent of a grant in the 
     first year, 40 percent in the second year, and 50 percent inj 
     the third year.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Attorney General to 
     carry out this section $15,000,000 for each of the fiscal 
     years 2012 through 2014.''.
       (b) Sunset Provision.--Effective 3 years after the date of 
     enactment of this Act, section 204 of the Trafficking Victims 
     Protection Reauthorization Act of 2005 (42 U.S.C. 14044c) is 
     amended to read as it read on the day before the date of 
     enactment of this Act.
       (c) GAO Evaluation.--Not later than 30 months after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall conduct a study of and submit to Congress 
     a report evaluating the impact of this Act and the amendments 
     made by this Act in aiding minor victims of sex trafficking 
     in the United States and increasing the ability of law 
     enforcement agencies to prosecute sex trafficking offenders, 
     which shall include recommendations, if any, regarding any 
     legislative or administrative action the Comptroller General 
     determines appropriate.

     SEC. 5. REPORTING REQUIREMENTS.

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

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

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

     SEC. 7. SUBPOENA AUTHORITY.

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

     SEC. 8. PROTECTION OF CHILD WITNESSES.

       Section 1514 of title 18, United States Code, is amended--

[[Page 19448]]

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

     SEC. 9. SENTENCING GUIDELINES.

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

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

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

     SEC. 11. ADMINISTRATIVE SUBPOENAS.

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

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

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

     SEC. 13. BUDGETARY EFFECTS.

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

  Mr. WYDEN. Mr. President, with the passage of S. 2925, the Senate is 
sending to the House the first ever all-out battle plan to defeat one 
of the fastest growing criminal enterprises in our country; that is, 
trafficking children for sex.
  Senator Cornyn and I have worked together on this issue for many 
months on a bipartisan basis with tremendous help from Chairman Leahy, 
from Senator Sessions, from Senator Durbin,

[[Page 19449]]

and Senator Kyl, and before I begin my statement tonight, I wish to 
express my thanks to them. This is a textbook for how the Senate ought 
to work together on an important issue in a bipartisan way, and I am 
very grateful to my colleagues for their leadership.
  When I first approached Senator Cornyn, he said in our very first 
conversation: This has nothing to do with Democrats and Republicans; 
this is about doing what is right for young people. So I am very 
grateful to my colleagues on both sides of the aisle for the support 
they have shown on this matter.
  Each year, an estimated 100,000 children in America are trafficked 
for sex. They are recruited by violent criminals, and their average age 
is between 12 and 14. The fact is, sex trafficking in children is 
modern day slavery, pure and simple.
  Tragically, my home State of Oregon has become a hub for those who 
would exploit women and young girls, and the tragedy is my State is not 
alone. What we have seen--and this was brought out in hearings--is that 
the reason this is such a fast-growing crime is it is so easy to 
perpetrate and there is such big money involved.
  For example, experts in the field said for some time, you would see 
gangs zero in on drugs. The fact is, trafficking in children, according 
to many of the experts, is easier than trafficking in drugs, and today, 
with the Internet and the anonymity that the Internet provides these 
dangerous criminals who traffic in children, it is, as I say, one of 
the fastest growing crimes in American life.
  I got a sense of what this was all about this summer when I had a 
chance to go out with Portland police officers in my hometown on 82nd 
Avenue. What I saw is something I will never forget: a heart-wrenching 
example of why this bipartisan legislation is so important. I saw a 15-
year-old girl essentially out there with the tools of the trade. She 
had a cell phone so she could be in constant contact with her pimp, and 
all night long they were getting messages: Made $80, made $100 on a 
customer here or somewhere else. So she had her cell phone. She had a 
butcher knife because she knew she needed a butcher knife to protect 
herself, and she had a purse full of condoms, because she knew she was 
going to have a bunch more customers during the course of the evening. 
So what you have--and this is not primarily about statistics. If one 
young woman, whether it is in the State of West Virginia or Oregon or 
anywhere else, is prostituted this way, trafficked this way, that is 
one young woman too many.
  What the Senate has done now with the passage of S. 2925 is draw a 
line in the sand and say, for the first time, that we are going to put 
in place a comprehensive strategy, bring together the law enforcement 
people and the human services people to deal with this in a way that is 
going to allow us to send a message on the streets of this country--and 
particularly the interstate highways which have become such a magnet 
for sex trafficking--that the odds are going to be different; that this 
time those who traffic in young women are going to face real prospects 
of a deterrent.
  The reality is these young women don't end up working as prostitutes 
by accident. The growing army of pimps I mentioned--violent, ruthless 
criminals--see this group as an ideal group of young people to prey on. 
The fact is, a pimp can make $200,000 a year trafficking just one 
victim. Of course, many of those pimps traffic multiple victims on any 
particular occasion. Once a young girl is under the control of a pimp, 
it is very difficult for that youngster to escape. The pimps use 
violence to control girls, as well as traumatize them. They move the 
girls constantly from city to city, keeping them isolated from any 
source of support and preventing them from developing any kind of other 
more healthy relationships.
  In talking to law enforcement officials, I learned that removing sex 
trafficking victims from the control of a pimp is very difficult. It is 
one that requires training, resources, and in effect a strategy, 
bringing together law enforcement people and social services people in 
order to break this degrading and often deadly spiral of sex 
trafficking in youngsters.
  There are a variety of needs these young people have. One that 
Senator Cornyn and I learned about in the course of our work is the 
need for dedicated shelter for these youngsters who have been 
trafficked. Without shelter, for example, there is no place to keep 
trafficking victims safe from the pimps and to give them the counseling 
and services they need. If there is no safe place for the victims to 
stay, there is no way the law enforcement authorities can build a case 
against the pimp. So this is a perfect example of how the important 
work being done by our social service providers, in terms of the work 
in the shelters, is absolutely a prerequisite to tough, aggressive 
prosecution of the pimps because if you don't have a safe place for the 
young women, there is no place for them to get the health care and 
services and counseling they need.
  In fact, the night when I was out in Portland and saw, in particular, 
that 15-year-old with what I call the tools of the trade, when the 
police picked her up--and Portland's professionals in the sex 
trafficking field are extraordinarily talented. I saw that firsthand, 
and officials from around the country tell me the same thing. One of 
the big questions they were faced with was, where would they send the 
young women they found that evening for the next couple of days in 
order to just work out a more permanent living arrangement? In 
Portland, we have been able to do it. But even in our city, which is 
now mobilizing all through the community, it has been very difficult.
  At present, there are only about 70 shelter beds for sex trafficking 
victims in the whole country. So that is why I mentioned that pimps 
know their chances of getting prosecuted for forcing girls to engage in 
prostitution are very low. We have some laws on the books, but we also 
need a strategy bringing together shelters, training for law 
enforcement officials and other resources if we are going to have the 
strongest possible battle plan against sex trafficking.
  Senator Cornyn and I got together to introduce this legislation. We 
would set up what amounts to model projects across the country to test 
out the best approaches for combating sex trafficking of children. We 
do make clear these approaches have to bring together law enforcement 
people and social services.
  It makes me very proud. The Chair, having served as Governor of West 
Virginia, knows from time to time you see some debates between law 
enforcement people and social services folks. Law enforcement people 
believe prosecution is the way to go. The social services folks believe 
their model is more effective.
  What Senator Cornyn and I found is that this is an area where the law 
enforcement people support the social services folks and vice versa 
because they know both elements--social services and law enforcement--
are going to be necessary to fight this scourge.
  I mentioned shelters. There would also be block grants available for 
mental and physical health care, treatment for substance abuse and 
sexual abuse, and also assistance with trauma care. There would be help 
for the victims with food, clothing, and other necessities; and 
together it means the youngsters--primarily young women--who are going 
to be in these shelters will know from the time they get to the shelter 
that caring individuals want them to have a different life.
  That is what drew me to this legislation. When you are talking about 
preying on young people, every Member of the Senate is concerned. What 
I think galvanized my attention was that a lot of these young women 
don't think anybody cares about them except their pimp. They have 
gotten to the point in life where they believe there isn't anybody in 
their corner.
  Their pimp says: You know, sweetheart, I care about you. You are 
what's really important to me. Let's just make some money, and 
eventually you will be out on your own.
  What you have with these shelters, and also the law enforcement 
people I

[[Page 19450]]

saw in Portland, is young women saying for the first time that there is 
an adult, a role model, who wants them to have a different life, who 
wants them to have the prospect of a different future, where they are 
not degrading themselves, where they are not victimized, where they 
have a different set of possibilities for their lives.
  The human services aspects of this legislation are extremely 
important, and they complement the help that law enforcement would get 
as well. I was particularly struck, as we got into the law enforcement 
aspect of this fight against sex trafficking, that there, again, had 
been some model approaches. The law enforcement official I was 
particularly impressed with was the Dallas, TX, police sergeant Byron 
Fassett. He explained to me that without the right training, law 
enforcement officers would not know how to spot the signs of sex 
trafficking and would not know how to handle the victims.
  So Senator Cornyn and I thought, with the counsel of our colleagues 
on both sides of the aisle, it would be important to provide 
specialized training for police officers and prosecutors to help them 
understand how to handle sex trafficking cases. The fact is, Sergeant 
Fassett of Dallas, TX, can only be at one place at a time.
  What this legislation is going to do is make it possible for other 
leaders in the law enforcement field to get the training out across the 
country, the state-of-the-art approaches about how to best fight the 
violent criminals who engaged in this activity, and I am very pleased 
that we were able to make possible part of the grant in this 
legislation assistance for the law enforcement community.
  Finally, the bill would address another issue that is a major 
component of sex trafficking, and that is runaway children. One-third 
of runaway children are lured into prostitution within 48 hours of 
leaving their home. The evidence also shows that the children who have 
run away multiple times are at the greatest risk of being drawn into 
sex trafficking.
  So what we are doing in this legislation is making it possible for 
law enforcement officials to, in effect, make priority the children at 
greatest risk; that is, these runaways. I am very pleased we were able 
to work out a bipartisan agreement for our approach in this area.
  It would be hard to give appropriate thanks to all who participated 
in this effort--certainly, to do it without keeping you here until 
breakfast time. Let me name just a small number of the many groups and 
individuals who provided extremely valuable insight: the Polaris 
Project, Shared Hope International, National Center for Missing and 
Exploited Children, the FBI's Innocence Lost Project, and ECPAT-USA. I 
could go on with the list of many groups.
  Mr. President, I will tell you I am especially grateful to the faith 
community for all of their efforts. Throughout this debate, Senator 
Cornyn and I have been contacted by religious leaders from all over the 
country, from all particular denominations, talking about how important 
this legislation is to them; and what they conveyed to us is that this 
is what they see in their congregations. This is what parents go to bed 
at night worrying about--the prospect of seeing one of their youngsters 
caught up in this vicious cycle of degradation, crime, and lost hope 
for the future.
  We could not be here tonight if it wasn't for the faith community 
that, all across the country, contacted their Senators, contacted 
various civic groups, and made common cause with rallies and marches 
and petitions. This is what has made this night possible.
  So I have tried to make sure the Senate knows that a whole host of 
colleagues on both sides of the aisle have worked on this. I will say 
my older daughter said the other night: Dad, I have figured it out. You 
are in the only profession on Earth where somebody your age is 
considered one of the young guys. I thought about that, because I have 
had the honor of serving in the Senate for some time--recently was 
reelected--and I can't recall a time when I felt prouder of the Senate 
coming together to deal with something that would make a real 
difference.
  This one piece of legislation is not going to wipe out this 
reprehensible, heinous crime, where youngsters who are 12 and 13 and 14 
are trafficked for sex. But with this legislation, from Portland, OR, 
to Portland, ME--and, frankly, this will have benefits internationally 
because a lot of these youngsters are also trafficked for sex far from 
the shores of the United States--tonight the Senate is making a 
difference. Tonight, the Senate is giving hope to parents who are 
concerned about their kids' future. For young women who are literally 
going to be hiding tonight near some of these interstates--Interstate 
5, which goes all through the West--with the passage of this 
legislation and, hopefully, quick action by the House, this is a chance 
to make a difference for these young people.
  This is what public service is supposed to be all about--making a 
difference for young people and families and doing it not on the basis 
of Democrats and Republicans but on the basis of what is right, what is 
moral, what is just. There are a lot of people who deserve credit here 
tonight, especially my friend and colleague, Senator Cornyn, but I am 
very hopeful the House will act on this legislation. I am going to put 
additional remarks into the Record, but Joel Shapiro, of my office, did 
yeoman's work on this legislation and deserves considerable credit 
tonight. I will leave my additional remarks for the Congressional 
Record, but tonight, through the good-faith efforts of lots of 
community and faith leaders, there is an opportunity to help reduce one 
of the fastest growing criminal enterprises in our country--certainly 
one of the most immoral--the trafficking of young people for sex.
  With that, I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________