Put Trafficking Victims First Act of 2023
This bill sets forth provisions intended to help assess the prevalence of human trafficking in the United States and improve support for victims of trafficking and service providers.
The Department of Justice (DOJ) must work with federal entities and other stakeholders to do the following:
DOJ must also report on efforts to increase restitution to victims of trafficking.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 528 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 528
To direct the Attorney General to study issues relating to human
trafficking, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2023
Mrs. Wagner (for herself, Ms. Kamlager-Dove, and Mr. Fitzpatrick)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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
2023''.
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 Victims of Trafficking and Violence 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 victim service
providers, who may face intimidation or retaliation for their
activities.
(2) Promoting a trauma-informed, evidence-based, 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 a
direct result of the 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, including through
internet outreach and other methods that are responsive to the
needs of victims in their communities.
(6) Ensuring victims of trafficking, including United
States citizens, lawful permanent residents, and foreign
nationals are eligible for services.
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 Human Smuggling and Trafficking Center, 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 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 victims of trafficking;
(4) promote greater access to child welfare 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;
(7) ensure that child sex trafficking victims are treated
as children in need of child protective services and receive
appropriate care in the child welfare, rather than juvenile
justice, system;
(8) encourage the adoption of procedures for human
trafficking victims that are consistent with those afforded to
victims of sexual assault, rape, child sexual abuse, or incest
to allow human trafficking victims to clear records, expunge
convictions, and vacate adjudications related to prostitution
and nonviolent offenses that arose as a direct result of being
trafficked, including protections for foreign nationals who are
being removed and those who are losing or determined to be
inadmissible for immigration benefits as a result of the
aforementioned human trafficking victim related conviction or
arrest; and
(9) ensure victims of trafficking, including United States
citizens, lawful permanent residents, and foreign nationals are
eligible for services.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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