[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3643 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3643

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2022

 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 
2022''.

SEC. 2. TRAINING FOR PROSECUTIONS OF TRAFFICKERS AND SUPPORT FOR STATE 
              SERVICES FOR VICTIMS OF TRAFFICKING.

    It is the sense of Congress that a portion of the funds available 
for training and technical assistance under section 107(b)(2)(B)(ii) of 
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105(b)(2)(B)(ii)) should be devoted to advancing the following goals:
            (1) Increasing the personal safety of organizations working 
        in the human trafficking field, who may face intimidation or 
        retaliation for their activities.
            (2) Promoting a trauma-informed, evidence-based, culturally 
        competent, and victim-centered approach to the provision of 
        services for victims of trafficking.
            (3) Ensuring that law enforcement officers and prosecutors 
        make every attempt to determine whether an individual is a 
        victim of human trafficking before arresting the individual 
        for, or charging the individual with, an offense that is 
        related to the trafficking victimization of the individual.
            (4) Effectively prosecuting traffickers and individuals who 
        patronize or solicit children for sex, and facilitating access 
        for child victims of commercial sex trafficking to the services 
        and protections afforded to other victims of sexual violence.
            (5) Encouraging States to improve efforts to identify and 
        meet the needs of human trafficking victims and individuals at 
        risk for trafficking victimization, through methods that are 
        responsive to the needs of victims in their communities.

SEC. 3. 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 Attorney General, in consultation 
        with other Federal entities engaged in efforts to combat human 
        trafficking, 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, 
        localities, tribes, research institutions, and organizations--
                    (A) identify barriers to the collection of data on 
                the incidence of sex and labor trafficking; and
                    (B) recommend practices to promote better data 
                collection and analysis.
            (2) Pilot testing.--Not later than 3 years after the date 
        of enactment of this Act, the Attorney General shall implement 
        a pilot project 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 Attorney General, in consultation 
        with the Secretary of Labor, the Secretary of Health and Human 
        Services, the Secretary of Homeland Security, and the Director 
        of the Center for Countering Human Trafficking of the 
        Department of Homeland Security, shall submit to Congress a 
        report on--
                    (A) Federal efforts to estimate the prevalence of 
                human trafficking at the national and regional levels;
                    (B) the effectiveness of current policies and 
                procedures to address the needs of victims of 
                trafficking; and
                    (C) an analysis of demographic characteristics of 
                victims of trafficking in different regions of the 
                United States and recommendations for how to address 
                the unique vulnerabilities of different victims.
            (2) Input from relevant parties.--In developing the report 
        under paragraph (1), the Attorney General shall seek input from 
        the United States Advisory Council on Human Trafficking, 
        victims of sex and labor 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 Attorney General, 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 victim assistance 
services for the purpose of improving the provision of services to 
human trafficking victims 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. 4. REPORT ON PROSECUTORS SEEKING 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 restitution to victims of human trafficking.

SEC. 5. 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--
            (1) uphold the dignity of human trafficking survivors;
            (2) ensure 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, the justice system, and service 
        providers;
            (3) implement screening mechanisms to identify and extend 
        appropriate services to children in the custody of child 
        protective services agencies, the juvenile justice system, or 
        the criminal justice system who are or may be victims of 
        trafficking;
            (4) promote greater access to child welfare services and 
        other appropriate victim services for, rather than 
        criminalization of, child victims of sex trafficking;
            (5) develop a 24-hour emergency response plan by which 
        victims of human trafficking may receive immediate protection, 
        shelter, and support from a victim assistance coordinator when 
        those victims are first identified;
            (6) adopt protections for adult victims of trafficking, 
        such as protection if the victim's safety is at risk, 
        comprehensive trauma-informed, long-term, culturally competent 
        care and healing services, mental health services to relieve 
        traumatic stress, housing, education (including, where 
        appropriate, vocational training and employment assistance), 
        mentoring, language assistance, drug and substance abuse 
        services, and legal services; and
            (7) ensure that child trafficking victims are treated as 
        children in need of child protective services and receive 
        appropriate care from child welfare and other appropriate 
        victim services, rather than juvenile justice, system.
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