To amend title 18 of the United States Code and other provisions of law to strengthen provisions of the Violence Against Women Act and improve justice for crime victims.

SA 2086. Mr. CORNYN (for himself, Mr. Kirk, Mr. Bennet, Mr.
McConnell, and Mr. Vitter) submitted an amendment intended to be
proposed by him to the bill S. 1925, to reauthorize the Violence
Against Women Act of 1994; which was ordered to lie on the table; as
follows:

At the end, add the following:

TITLE XI--THE SAFER ACT

SECTION 1101. SHORT TITLE.

This title may be cited as the ``Sexual Assault Forensic
Evidence Registry Act of 2012'' or the ``SAFER Act of 2012''.

SEC. 1102. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT
EVIDENCE BACKLOGS.

Section 2 of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Allocation of grant awards for audits.--For each of
fiscal years 2012 through 2016, not less than 7 percent of
the grant amounts distributed under paragraph (1) shall be
awarded for the purpose described in subsection (a)(6).'';
and
(3) by adding at the end the following new subsection:
``(n) Use of Funds for Auditing Sexual Assault Evidence
Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(6) only if the State
or unit of local government--
``(A) submits a plan for performing the audit of samples
described in such subsection; and
``(B) includes in such plan a good-faith estimate of the
number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(6) shall--
``(A) not later than 1 year after receiving such grant--
``(i) complete the audit referred to in paragraph (1)(A) in
accordance with the plan submitted under such paragraph; and
``(ii) for each sample of sexual assault evidence
identified in such audit, subject to paragraph (4), enter
into the Sexual Assault Forensic Evidence Registry
established under subsection (o) the information listed in
subsection (o)(2);
``(B) not later than 21 days after receiving possession of
a sample of sexual assault evidence that was not in the
possession of the State or unit of local government at the
time of such audit, subject to paragraph (4), enter into the
Sexual Assault Forensic Evidence Registry the information
listed in subsection (o)(2) with respect to the sample; and
``(C) not later than 30 days after a change in the status
referred to in subsection (o)(2)(A)(v) of a sample with
respect to which the State or unit of local government has
entered information into such Registry, update such status.
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline under paragraph (2)(A)
to a State or unit of local government that demonstrates that
more time is required for compliance with such paragraph.
``(4) Samples exempt from registry requirement.--A State or
unit of local government is not required under paragraph (2)
to enter into the Registry described in such paragraph
information with respect to a sample of sexual assault
evidence if--
``(A) the sample is not considered criminal evidence (such
as a sample collected anonymously from a victim who is
unwilling to make a criminal complaint); or
``(B) the sample relates to a sexual assault for which the
prosecution of each perpetrator is barred by a statute of
limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting testing' means,
with respect to a sample of sexual assault evidence, that--
``(i) the sample has been collected and is in the
possession of a State or unit of local government;
``(ii) DNA and other appropriate forensic analyses have not
been performed on such sample; and

[[Page S2739]]

``(iii) the sample is related to a criminal case or
investigation in which final disposition has not yet been
reached.
``(B) Final disposition.--The term `final disposition'
means, with respect to a criminal case or investigation to
which a sample of sexual assault evidence relates--
``(i) the conviction or acquittal of all suspected
perpetrators of the crime involved;
``(ii) a determination by the State or unit of local
government in possession of the sample that the case is
unfounded; or
``(iii) a declaration by the victim of the crime involved
that the act constituting the basis of the crime was not
committed.
``(C) Possession.--
``(i) In general.--The term `possession', used with respect
to possession of a sample of sexual assault evidence by a
State or unit of local government, includes possession by an
individual who is acting as an agent of the State or unit of
local government for the collection of the sample.
``(ii) Rule of construction.--Nothing in clause (i) shall
be construed to create or amend any Federal rights or
privileges for non-governmental vendor laboratories described
in regulations promulgated under section 210303 of the DNA
Identification Act of 1994 (42 U.S.C. 14131).''.

SEC. 1103. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.

(a) In General.--Section 2 of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135), as amended by
section 1102 of this title, is further amended by adding at
the end the following new subsection:
``(o) Sexual Assault Forensic Evidence Registry.--
``(1) In general.--Subject to subsection (j), not later
than 1 year after the date of enactment of the SAFER Act of
2012, the Attorney General shall establish a Sexual Assault
Forensic Evidence Registry (in this subsection referred to as
the `Registry') that--
``(A) allows States and units of local government to enter
information into the Registry about samples of sexual assault
evidence that are in the possession of such States or units
of local government and are awaiting testing; and
``(B) tracks the testing and processing of such samples.
``(2) Information in registry.--
``(A) In general.--A State or unit of local government that
chooses to enter information into the Registry about a sample
of sexual assault evidence shall include the following
information:
``(i) The date of the sexual assault to which the sample
relates.
``(ii) The city, county, or other appropriate locality in
which the sexual assault occurred.
``(iii) The date on which the sample was collected.
``(iv) The date on which information relating to the sample
was entered into the Registry.
``(v) The status of the progression of the sample through
testing and other stages of the evidentiary handling process,
including the identity of the entity in possession of the
sample.
``(vi) The date or dates after which the State or unit of
local government would be barred by any applicable statutes
of limitations from prosecuting a perpetrator of the sexual
assault for the sexual assault.
``(vii) Such other information as the Attorney General
considers appropriate.
``(B) Personally identifiable information.--The Attorney
General shall ensure that the Registry does not include
personally identifiable information or details about a sexual
assault that might lead to the identification of the
individuals involved, except for the information listed in
subparagraph (A).
``(3) Sample identification number.--
``(A) In general.--A State or unit of local government that
chooses to enter information about a sample of sexual assault
evidence into the Registry shall assign to the sample a
unique numeric or alphanumeric identifier.
``(B) Unique identifier required.--In assigning the
identifier under subparagraph (A), a State or unit of local
government may use a case-numbering system used for other
purposes, but the Attorney General shall ensure that the
identifier assigned to each sample is unique with respect to
all samples entered by all States and units of local
government.
``(4) Update of information.--A State or unit of local
government that chooses to enter information about a sample
of sexual assault evidence into the Registry shall, not later
than 30 days after a change in the status of the sample
referred to in paragraph (2)(A)(v), update such status.
``(5) Internet access.--The Attorney General shall make
publicly available aggregate non-individualized and non-
personally identifying data gathered from the Registry, to
allow for comparison of backlog data by State and unit of
local government, on an appropriate Internet website.
``(6) Technical assistance.--The Attorney General shall--
``(A) provide a means by which an entity that does not have
access to the Internet may enter information into the
Registry; and
``(B) provide the technical assistance necessary to allow
States and units of local government to participate in the
Registry.''.
(b) Funding.--Section 2(j) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135(j)) is amended--
(1) by inserting ``and for carrying out subsection (o)''
after ``for grants under subsection (a)''; and
(2) by adding at the end the following new sentence: ``For
each of fiscal years 2012 through 2016, not less than 1
percent of the amount authorized to be appropriated under the
previous sentence for such fiscal year shall be for carrying
out subsection (o).''

SEC. 1104. REPORTS TO CONGRESS.

Not later than 90 days after the end of each fiscal year
for which a grant is made for the purpose described in
section 2(a)(6) of the DNA Analysis Backlog Elimination Act
of 2000, as added by section 1102 of this title, the Attorney
General shall submit to Congress a report that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 1102 of this
title; and
(3) summarizes the processing status of the samples of
sexual assault evidence about which information has been
entered into the Sexual Assault Forensic Evidence Registry
established under section 2(o) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 1103(a) of this
title, including the number of samples that have not been
tested.

TITLE XII--JUSTICE FOR VICTIMS

SEC. 1201. REDUCING THE RAPE KIT BACKLOG.

Section 2(c)(3) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135(c)(3)) is amended by adding at the
end the following:
``(C) For each of fiscal years 2012 through 2014, not less
than 75 percent of the total grant amounts shall be awarded
for a combination of purposes under paragraphs (2) and (3) of
subsection (a).''.

SEC. 1202. ENHANCED PENALTIES FOR AGGRAVATED INTERSTATE
DOMESTIC VIOLENCE.

Section 2261(b) of title 18, United States Code, is
amended--
(1) in paragraph (1), by inserting ``not less than 15
years'' after ``any term of years'';
(2) in paragraph (2), by striking ``20 years'' and
inserting ``25 years''; and
(3) in paragraph (3), by striking ``10 years'' and
inserting ``15 years''.

SEC. 1203. ENHANCED PENALTIES FOR AGGRAVATED SEXUAL ABUSE.

Section 2241 of title 18, United States Code, is amended--
(1) in subsection (a), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 10 years or imprisoned for life'';
and
(2) in subsection (b), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 5 years or imprisoned for life''.

SEC. 1204. ENHANCED PENALTIES FOR INTERSTATE TRANSPORTATION
OF CHILD PROSTITUTES.

Section 2423(a) of title 18, United States Code, is amended
by striking the period at the end and inserting the
following: ``, but if the individual who was transported in
interstate or foreign commerce had not attained 12 years of
age, imprisoned not less than 20 years or for life.''.

SEC. 1205. FINDING FUGITIVE SEX OFFENDERS.

(a) Subpoena Authority for the United States Marshals
Service.--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 that term is
defined in section 3486 of title 18).''.
(b) Conforming Amendment to Administrative Subpoena
Statute.--
(1) In general.--Section 3486(a)(1) of title 18, United
States Code, is amended--
(A) in subparagraph (A)--
(i) in clause (i)(II), by striking ``or'' at the end;
(ii) by redesignating clause (ii) as clause (iii); and
(iii) 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
(B) by striking subparagraph (D) and inserting the
following:
``(D) As used in this paragraph--
``(i) the term `Federal offense involving the sexual
exploitation or abuse of children' means an offense under
section 1201, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252,
2252A, 2260, 2421, 2422, or 2423, in which the victim is an
individual who has not attained the age of 18 years; and
``(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.).''.
(2) Technical and conforming amendments.--Section 3486(a)
of title 18, United States Code, is amended--
(A) in paragraph (6)(A), by striking ``United State'' and
inserting ``United States'';

[[Page S2740]]

(B) in paragraph (9), by striking ``or (1)(A)(ii)'' and
inserting ``or (1)(A)(iii)''; and
(C) in paragraph (10), by striking ``paragraph (1)(A)(ii)''
and inserting ``paragraph (1)(A)(iii)''.
(c) Report.--Section 3486 of title 18, United States Code,
is amended by adding at the end the following:
``(f) Reports.--The Attorney General shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives an annual
report containing--
``(1) the number of subpoenas issued by the United States
Marshals pursuant to section 566(e)(1)(C) of title 28;
``(2) the crime being investigated pursuant to the issuance
of each subpoena; and
``(3) the number of unregistered sex offenders arrested by
the United States Marshals subsequent to the issuance of a
subpoena pursuant to section 566(e)(1)(C) of title 28 and the
information that led to each individual's arrest.''.

SEC. 1206. REPORT ON COMPLIANCE WITH THE DNA FINGERPRINT ACT
OF 2005.

Not later than 180 days after date of the enactment of this
Act, the Secretary of Homeland Security shall prepare and
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report that--
(1) describes, in detail, the measures and procedures taken
by the Secretary to comply with any regulation promulgated
pursuant to section 3(e)(1) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a(e)(1)); and
(2) provides a detailed explanation of the circumstances
and specific cases, if available, in which--
(A) the Secretary failed to comply with any regulation
promulgated pursuant to such section 3(e)(1);
(B) the Secretary requested the Attorney General approve
additional limitations to, or exceptions from, any regulation
promulgated pursuant to such section 3(e)(1); or
(C) the Secretary consulted with the Attorney General to
determine that the collection of DNA samples is not feasible
because of operational exigencies or resource limitations.

SEC. 1207. SENSE OF CONGRESS.

(a) Findings.--Congress finds the following:
(1) According to the Department of Justice, there was a 59
percent increase in identified victims of human trafficking
worldwide between 2009 and 2010.
(2) According to the Department of Health and Human
Services, human trafficking is the fastest growing criminal
enterprise in the world.
(3) Experts estimate that up to 300,000 children are at
risk of sexual exploitation each year in the United States.
(4) Experts estimate that the average female victim of sex
trafficking is forced into prostitution for the first time
between the ages of 12 and 14 and the average male victim is
forced into prostitution for the first time between the ages
of 11 and 13.
(5) The Bureau of Justice Statistics found that 40 percent
of incidents investigated by federally funded task forces on
human trafficking between 2008 and 2010 involved the sexual
exploitation of a child.
(6) According to the classified advertising consultant
Advanced Interactive Media Group (referred to in this
subsection as ``AIM Group''), Backpage.com is the leading
United States website for prostitution advertising.
(7) Backpage.com is owned by Village Voice Media Holdings,
LLC (referred to in this section as ``Village Voice Media'').
(8) The National Association of Attorneys General has
tracked more than 50 cases in which charges were filed
against those trafficking or attempting to traffic minors on
Backpage.com.
(9) In February 2011, Myrelle and Tyrelle Locket were each
sentenced to 4 years in prison on charges of trafficking of
persons for forced labor or services for operating an
Illinois sex trafficking ring that included minors. The
Lockets used Backpage.com to facilitate the prostitution.
(10) In March 2011, Arthur James Chappell was sentenced to
28 years in prison on charges of sex trafficking of a minor
for running a prostitution ring with at least 1 juvenile
victim in Minnesota. Arthur Chappell used Backpage.com to
facilitate the prostitution.
(11) In April 2011, Brandon Quincy Thompson was sentenced
to life imprisonment for sex trafficking a child by force and
an additional 120 months for soliciting the murder of a
Federal witness. Brandon Thompson ran a South Dakota
prostitution ring involving multiple underage girls. Brandon
Thompson used Backpage.com to facilitate the prostitution.
(12) In May 2011, Clint Eugene Wilson was sentenced to 20
years in prison on charges of sex trafficking of a minor by
force, fraud or coercion for forcing a 16-year old Dallas
girl into prostitution. Clint Wilson threatened to assault
the girl and forced her to get a tattoo that branded her as
his property. Clint Wilson used Backpage.com to facilitate
the prostitution.
(13) In August 2011, Demetrius Darnell Homer was sentenced
to 20 years in prison on charges of sex trafficking of a
minor for violently forcing a 14-year-old Atlanta girl into
prostitution. Demetrius Homer controlled the girl through
beatings, threatened her with a knife, shocked her with a
taser in front of another underage girl he placed in
prostitution, and forced the girl to engage in prostitution
while she was pregnant with his child. Demetrius Homer used
Backpage.com to facilitate the prostitution.
(14) In February 2012, Leighton Martin Curtis was sentenced
to 30 years in prison on charges of sex trafficking of a
minor and production of child pornography for pimping a 15-
year- girl throughout Florida, Georgia, and North Carolina
for more than a year. Leighton Curtis prostituted the girl to
approximately 20 to 35 customers per week through
advertisements on Backpage.com. Leighton Curtis used
Backpage.com to facilitate the prostitution.
(15) In March 2012, Ronnie Leon Tramble was sentenced to 15
years in prison on charges of sex trafficking through force,
fraud and coercion for forcing more than 5 young women and
minors into prostitution over a period of at least 5 years
throughout the State of Washington. Ronnie Tramble constantly
subjected the victims to brutal physical and emotional abuse
during this time period. Ronnie Tramble used Backpage.com to
facilitate the prostitution.
(16) According to AIM Group, 80 percent of online
prostitution advertising revenue for the month of February
2012 was attributed to Backpage.com.
(17) According to AIM Group, the number of Backpage.com
advertisements for ``escorts'' and ``body rubs,'' a thinly
veiled code for prostitution, increased by nearly 5 percent
from February 2011 to February 2012.
(18) According to AIM Group, Backpage.com earned an
estimated $26,000,000 between February 2011 and February 2012
from prostitution ads.
(19) Backpage.com vice president, Carl Ferrer acknowledged
to the National Association of Attorneys General that the
company identifies more than 400 ``adult entertainment''
posts every month that may involve minors. The actual figure
could be far greater.
(20) According to the National Association of Attorneys
General, Missouri investigators found that Backpage.com's
review procedures are ineffective in policing illegal
activity.
(21) In September 2010, Craigslist.com removed the adult
services section of its website following calls from law
enforcement and advocacy organizations.
(22) As of September 16, 2011, 51 Attorneys General of
States and territories had called on Backpage.com to shut
down the ``adult entertainment'' section of its website.
(23) On September 16, 2011, the Tri-City Herald published
an editorial, ``Attorneys general target sexual exploitation
of kids,'' writing, ``...we'd also encourage the owners of
Backpage.com to give the attorneys general what they are
asking for''.
(24) On October 25, 2011, 36 clergy members from across the
country published an open letter to Village Voice Media in
the New York Times, calling on the company to shut down
Backpage.com's ``adult entertainment'' section.
(25) On December 2, 2011, 55 anti-trafficking organizations
called on Village Voice Media to shut down Backpage.com's
``adult entertainment'' section.
(26) On December 29, 2011, the Seattle Times published an
editorial, ``Murders strengthen case against Backpage.com,''
writing, ``Backpage.com cannot continue to dismiss the women
and children exploited through the website, nor the three
women in Detroit who are dead possibly because they were
trafficked on the site. Revenue from the exploitation and
physical harm of women and minors is despicable. Village
Voice Media, which owns Backpage.com, must shut this site
down. Until then, all the pressure that can be brought to
bear must continue.''
(27) On March 18, 2012, Nicholas Kristof of the New York
Times wrote in an opinion piece entitled ``Where Pimps Peddle
Their Goods,'' that ``[t]here are no simple solutions to end
sex trafficking, but it would help to have public pressure on
Village Voice Media to stop carrying prostitution
advertising.''
(28) On March 29, 2012, Change.org delivered a petition
signed by more than 240,000 individuals to Village Voice
Media, calling on the company to shut down Backpage.com's
``adult entertainment'' section.
(29) On January 12, 2012, John Buffalo Mailer, son of
Village Voice co-founder Norman Mailer, joined the Change.org
petition to shut down the adult services section of
Backpage.com, stating, ``For the sake of the Village Voice
brand and for the sake of the legacy of a great publication,
take down the adult section of Backpage.com, before the
Village Voice must answer for yet another child who is abused
and exploited because you did not do enough to prevent it.''
(30) On March 30, 2012, a private equity firm owned by
Goldman Sachs Group, Inc. completed a deal to sell its 16
percent ownership stake in Village Voice Media Holdings, LLC
back to management.
(31) In M.A., ex rel. P.K. v. Village Voice Media Holdings
(809 F. Supp. 2d 1041 (2011)), the United States District
Court for the Eastern District of Missouri held that section
230 of the Communications Act of 1934 (47 U.S.C. 230) (as
added by the Communications Decency Act of 1996 (Public Law
104 104; 110 Stat. 56)) protects Backpage.com from civil
liability for the ``horrific victimization'' the teenage
plaintiff suffered at the hands of the criminal who posted on
the website to perpetrate her vicious crimes.
(32) The Communications Decency Act of 1996 (Public Law 104
104; 110 Stat. 56)) does

[[Page S2741]]

not preclude a service provider from voluntarily removing a
portion of a website, known to facilitate the sexual
exploitation of minors, in order to protect our children.
(b) Sense of Congress.--It is the sense of Congress that
Congress--
(1) supports the efforts of law enforcement agencies to
provide training on how to identify victims of sex
trafficking, investigate cases of sex trafficking, prosecute
sex trafficking offenses, and rescue victims of sex
trafficking;
(2) supports Federal Government, State and local
government, non-profit, and faith-based services for
trafficking victims, including medical, legal, mental health,
housing and other social services; and
(3) calls on Village Voice Media to act as a responsible
global citizen and immediately eliminate the ``adult
entertainment'' section of the classified advertising website
Backpage.com to terminate the website's rampant facilitation
of online sex trafficking.
______