Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2011 - Expresses the sense of Congress that: (1) the Attorney General should implement changes to the National Crime Information Center (NCIC) database to ensure that a child will be automatically designated as an endangered juvenile if the child has been reported missing three times in a year and that the database will cross-reference newly entered reports with historical records and include a visual cue on the record of a child designated as an endangered juvenile; (2) funds awarded under the Edward Byrne Memorial Justice Assistance Grant Program should be used to provide education, training, deterrence, and prevention programs relating to sex trafficking of minors; (3) states should treat minor victims of sex trafficking as crime victims rather than as criminal defendants or juvenile delinquents and make such minors eligible for compensation; and (4) demand for commercial sex with minors must be deterred through consistent law enforcement.
Amends the Trafficking Victims Protection Reauthorization Act of 2005 to revise the grant program to combat trafficking in persons to authorize the Assistant Attorney General for the Office of Justice Programs to award block grants to up to six state or local governments to combat sex trafficking of minors, for uses including providing shelter to minor victims of trafficking, case management services, mental health counseling, legal services, and outreach and education programs.
Amends title IV of the Social Security Act (Grants to States for Needy Families with Children and for Child-Welfare Services) to require states to adopt procedures for reporting information on missing or abducted children for entry into the NCIC database.
Amends the Crime Control Act of 1990 to require: (1) the Attorney General's annual statistical summary under such Act to include the total number of missing child reports received and the total number of entries made to the NCIC database, and (2) state law enforcement agencies to update the record of a missing child with a photograph taken within the previous 180 days and to notify the National Center for Missing and Exploited Children of each report of a child missing from a foster care family home or childcare institution.
Amends the Trafficking Victims Reauthorization Act of 2008 to require the inclusion of safe harbor provisions for children exploited through prostitution in model state antitrafficking statutes.
Amends the federal criminal code to: (1) expand protection of minor victims and witnesses from harassment or intimidation, (2) impose a minimum one-year prison term for possession of certain child pornography, and (3) allow the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the United States Marshals Service.
Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes.
Requires the Director of the Office of Management and Budget (OMB) to coordinate with the heads of federal departments and independent agencies to devise a strategy and establish guidelines to reduce overall government printing costs beginning with FY2013.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 596 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 596
To establish a grant program to benefit victims of sex trafficking, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2011
Mr. Wyden (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a grant program to benefit victims of sex trafficking, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Minor Sex Trafficking
Deterrence and Victims Support Act of 2011''.
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, worldwide.
(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 policies 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 minors 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
Federal, 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;
``(E) the term `severe forms of trafficking in
persons' has the meaning given that term in section 103
of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102); and
``(F) 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 of minors, 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
sex 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, public sector personnel, and private
sector personnel likely to encounter sex
trafficking victims on issues related to the
sex trafficking of minors and severe forms of
trafficking in persons;
``(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) subject to subparagraph (C), 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;
``(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; and
``(xiii) screening and referral of minor
victims of severe forms of trafficking in
persons.
``(C) Limitation on use for salaries.--The
percentage of the total salary of a State or local
prosecutor that is paid using a grant awarded pursuant
to paragraph (2) shall be not more than the percentage
of the total number of hours worked by the prosecutor
that is spent working on cases involving sex
trafficking of minors.
``(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 2014 and 2015, 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 2013 through 2015.''.
(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 1 year 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--
(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 Web sites and no longer printed and to
devise a strategy to reduce overall Government printing costs
beginning with fiscal year 2013, 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 Governmentwide Federal guidelines on employee
printing;
(3) issue on the Office of Management and Budget's public
Web site 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 2013 through 2015; 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1752-1753)
Read twice and referred to the Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line