[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1504 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1504

   To direct the Attorney General to study issues relating to human 
                  trafficking, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2017

 Mrs. Gillibrand (for herself and Mr. Rubio) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   To direct the Attorney General to study issues relating to human 
                  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 ``Put Trafficking Victims First Act of 
2017''.

SEC. 2. REPORT ON SAFE HARBOR LAWS.

    Not later than 3 years after the date of enactment of this Act, the 
Attorney General, acting through the Director of the Office for Victims 
of Crime, shall issue a report to be posted on a publicly available 
website that includes--
            (1) the impact of State safe harbor laws and associated 
        services on the re-victimization of victims of trafficking (as 
        such term is defined in section 103(15) of the Victims of 
        Trafficking and Violence Protection Act of 2000 (22 U.S.C. 
        7102(15))), the recovery of victims, victim outcomes, and 
        prosecutions of traffickers; and
            (2) best practices and recommendations on the development 
        and implementation of effective State safe harbor laws that 
        promote full recovery of victims of trafficking and do not 
        interfere with prosecutions of traffickers.

SEC. 3. TRAINING FOR PROSECUTIONS OF TRAFFICKERS AND SUPPORT FOR STATE 
              SERVICES FOR VICTIMS OF TRAFFICKING.

    (a) In General.--Section 107(b)(2)(B)(ii) of the Victims of 
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 
7105(b)(2)(B)(ii)) is amended to read as follows:
                            ``(ii) 5 percent for training and technical 
                        assistance, to be provided in coordination with 
                        the Secretary of Health and Human Services, 
                        including with respect to--
                                    ``(I) increasing capacity and 
                                expertise on security for and 
                                protection of service providers from 
                                intimidation or retaliation for their 
                                activities;
                                    ``(II) ``investigating, 
                                prosecuting, and preventing human 
                                trafficking through a trauma-informed 
                                and victim-centered approach that 
                                provides services and protections for 
                                victims of trafficking;
                                    ``(III) facilitating the provision 
                                of evidence-based, trauma-informed care 
                                and mental health services to victims 
                                of trafficking;
                                    ``(IV) ensuring that all victims of 
                                trafficking, including United States 
                                citizens, lawful permanent residents, 
                                and foreign nationals, are eligible for 
                                services;
                                    ``(V) ensuring that law enforcement 
                                officers and prosecutors make every 
                                attempt to determine whether an 
                                individual's participation in human 
                                trafficking is free from force, fraud, 
                                or coercion of any means before 
                                arresting them for, or charging them 
                                with, an offense;
                                    ``(VI) effectively prosecuting 
                                traffickers and individuals who 
                                patronize or solicit children for sex, 
                                and facilitating access for child 
                                victims of trafficking to the same type 
                                of court procedures and legal 
                                protections accessible to child victims 
                                of sexual assault, rape, child sexual 
                                abuse, or incest, and clarifying the 
                                right of child victims of trafficking 
                                to not be treated as criminals as a 
                                result of their victimization; and
                                    ``(VII) encouraging States to 
                                identify the locations of victims of 
                                trafficking and serve those victims, 
                                including through efforts that utilize 
                                internet outreach, through methods 
                                informed by survivors of human 
                                trafficking, and by offering help and 
                                services that are responsive to 
                                victims' needs in their communities; 
                                and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2017.

SEC. 4. WORKING TO DEVELOP METHODOLOGIES TO ASSESS PREVALENCE OF HUMAN 
              TRAFFICKING.

    (a) Working Group.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Director of the National Institute 
        of Justice, in consultation with the Director of the Human 
        Smuggling and Trafficking Center, shall establish an expert 
        working group, which shall include survivors of human 
        trafficking, experts on sex and labor trafficking, 
        representatives from organizations collecting data on human 
        trafficking, and law enforcement officers. The working group 
        shall, utilizing, to the extent practicable, existing efforts 
        of agencies, task forces, States, cities, research 
        institutions, and organizations--
                    (A) identify the methodological and practical 
                barriers hampering data collection on sex and labor 
                trafficking;
                    (B) identify the information that should be 
                collected, and how that information should be 
                collected; and
                    (C) recommend practices that could be standardized 
                as replicable best practices to promote better data 
                comparison, aggregation, and analysis.
            (2) Pilot testing.--Not later than 3 years after the date 
        of enactment of this Act, the Director of the National 
        Institute of Justice shall implement a series of pilot studies 
        to test promising methodologies studied under paragraph (1).
    (b) Report.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Director of the National Institute 
        of Justice, in consultation with the Secretary of Labor, the 
        Secretary of Health and Human Services, the Secretary of 
        Homeland Security, and the Director of the Human Smuggling and 
        Trafficking Center, shall submit to Congress a report, which 
        includes--
                    (A) the efforts made in developing robust, 
                comprehensive methodologies to estimate the prevalence 
                of human trafficking at the national and regional 
                levels;
                    (B) best practices for determining the trends of 
                human trafficking in the United States;
                    (C) evaluations of the effectiveness of current 
                policies and procedures to address the needs of victims 
                of trafficking, including appropriate housing and 
                services from trained trauma-informed care service 
                providers; and
                    (D) an analysis of the varying characteristics of 
                victims of trafficking in different regions, including 
                age, gender, race or ethnicity, involvement in the 
                child welfare system, involvement in the juvenile or 
                criminal justice system, the number of foster care 
                placements, the number of congregate care placements, 
                and whether an individual is a victim of sex 
                trafficking or labor trafficking, and recommendations 
                for how to address the unique vulnerabilities of 
                different victims.
            (2) Availability of report.--The report required under 
        paragraph (1) shall be made publicly available on the website 
        of the Department of Justice.
            (3) Input from relevant parties.--In developing the report 
        under paragraph (1), the Director shall seek input from the 
        United States Advisory Council on Human Trafficking, victims of 
        trafficking, human trafficking survivor advocates, service 
        providers for victims of sex and labor trafficking, and the 
        President's Interagency Task Force on Human Trafficking.
    (c) Survey.--Not later than 2 years after the date of enactment of 
this Act, the Director of the National Institute of Justice, in 
coordination with Federal, State, local, and tribal governments, and 
private organizations, including victim service providers and expert 
researchers, shall develop and execute a survey of survivors seeking 
and receiving services through a model agreed upon by service providers 
for victims of trafficking, government entities, and research experts 
to better understand where and how victims of trafficking are accessing 
services, how they are referred to services, including referrals by 
first responders, how assessment tools work to identify victims of 
trafficking, and to help estimate the prevalence of human trafficking 
and victim identification in the United States. Survey results shall be 
made publicly available on the website of the Department of Justice.
    (d) No Additional Funds.--No additional funds are authorized to 
carry out this section.

SEC. 5. REPORT ON PROSECUTORS SEEKING MANDATORY RESTITUTION IN 
              TRAFFICKING CASES.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General, in consultation with the Administrative Office of the 
United States Courts, shall submit to Congress a report on efforts to 
increase mandatory restitution orders and use of asset forfeiture to 
provide restitution to victims of trafficking that shall be posted on a 
publicly available website, which shall include the following:
            (1) Information on the Department of Justice's training 
        programs on mandatory restitution and the use of asset 
        forfeiture to provide restitution to victims of trafficking, 
        and recommendations of necessary additional training to ensure 
        mandatory restitution is ordered in all relevant human 
        trafficking cases.
            (2) An assessment of obstacles that continue to prevent 
        Federal prosecutors and Federal courts from ordering 
        restitution.
            (3) An assessment of whether the asset forfeiture 
        provisions in the Justice for Victims of Trafficking Act of 
        2015 (Public Law 114-22; 129 Stat. 227) and the amendments made 
        by that Act have helped increase requests to transfer forfeited 
        proceeds for restitution, including how many requests have been 
        made and how many of those requests have been approved, and 
        whether United States Attorneys offices are properly informed 
        about requesting transfers.
            (4) An assessment of how establishing trauma-informed, 
        victim-centered investigative and prosecutorial procedures can 
        help improve mandatory restitution orders, including by 
        encouraging victims of trafficking to cooperate in criminal 
        cases, equipping victims of trafficking with proper assistance 
        during criminal proceedings, and helping victims of trafficking 
        secure mandatory restitution.
            (5) The annual number and percentage of Federal cases 
        related to human trafficking, separating sex trafficking and 
        labor trafficking, during the period beginning on June 1, 2015, 
        and ending on the date of the enactment of this Act, in which 
        restitution was ordered, and the amount of restitution ordered 
        in each case.
            (6) Data on the participation and non-participation of 
        victims of trafficking in criminal proceedings, data on the 
        participation and nonparticipation of victims of trafficking in 
        witness protection programs and services, and recommendations 
        for encouraging the participation of victims of trafficking in 
        such proceedings.

SEC. 6. SENSE OF CONGRESS ENCOURAGING STATES TO ADOPT PROTECTIONS FOR 
              VICTIMS OF TRAFFICKING.

    Congress recognizes and applauds the State legislative bodies that 
have taken tremendous steps to adopt protections and services for 
victims of trafficking. Congress encourages States to do the following:
            (1) Uphold the basic rights and dignity of human 
        trafficking survivors.
            (2) Adopt a survivor-centered approach to addressing human 
        trafficking that ensures the safety, confidentiality, and well-
        being of victims of trafficking, while recognizing symptoms of 
        trauma and coping mechanisms that may impact victims' 
        interactions with law enforcement officers, the justice system, 
        and service providers.
            (3) Implement screening mechanisms for all children 
        entering child welfare services, the juvenile justice system, 
        or the criminal justice system to identify child victims of 
        trafficking and connect them with appropriate services, 
        including appropriate housing and services from trained trauma-
        informed care service providers, and to try to identify foreign 
        nationals who may be victims of trafficking.
            (4) Ensure that child victims of trafficking are provided 
        with a range of protections, including access to child welfare 
        services, trauma-informed programming, and the same legal 
        rights afforded to other children who experience sexual abuse, 
        rape, or incest, including ensuring that--
                    (A) criminals who exploit child victims of sex 
                trafficking, including offenders who purchase, solicit, 
                or obtain a child for purposes of engaging in a 
                commercial sex act, face serious penalties and 
                sentences under sex trafficking laws, and are not given 
                lesser sentences; and
                    (B) child victims of trafficking are never referred 
                to as ``child prostitutes'' or ``underage sex workers'' 
                in law or official documents and proceedings.
            (5) Develop a 24-hour emergency response plan to provide 
        victims trafficking with immediate protection and support when 
        they are first identified, which may include physically moving 
        victims of trafficking to a place of safety, attending to the 
        immediate medical and emotional needs of survivors, assessing 
        whether survivors are under risk for harm, retaliation, or 
        intimidation, and directly connecting survivors with victim 
        advocates, housing, and service providers.
            (6) Adopt protections for victims of trafficking that 
        include the right--
                    (A) to be treated as a victim of crime and afforded 
                justice, respect, and dignity;
                    (B) to protection if the victim's safety is at risk 
                or if there is danger of harm, retaliation, or 
                recapture by the trafficker;
                    (C) to comprehensive trauma-informed, long-term, 
                culturally competent care and healing services oriented 
                toward emotional, psychological, and family healing;
                    (D) to evidence-based screening and assessment 
                tools, treatment plans, and therapy to address 
                traumatic stress and associated mental health symptoms;
                    (E) to safe and effective emergency and long-term 
                housing; education, vocational, and job assistance and 
                training; mentoring programs; language assistance; drug 
                and substance abuse services; and legal services;
                    (F) for child sex trafficking victims to be treated 
                as children in need of child protective services and to 
                be served through the child welfare system, where 
                appropriate, in place of the juvenile justice system;
                    (G) for all victims of trafficking, including 
                United States citizens, lawful permanent residents, and 
                foreign nationals, to be eligible for services;
                    (H) to have convictions and adjudications related 
                to prostitution and nonviolent offenses vacated and 
                such records cleared and expunged if offenses were 
                committed as a direct result of the victim being 
                trafficked, and protection for foreign nationals from 
                being removed, being determined to be inadmissible, or 
                losing any immigration benefit because of such 
                conviction or arrests;
                    (I) to the same type of court procedures and legal 
                protections accessible to victims of sexual assault, 
                rape, child sexual abuse, or incest, including the 
                right to not be treated as a criminal; and
                    (J) to retain all rights regardless of whether the 
                crime has been reported to law enforcement authorities.
                                 <all>