Put Trafficking Victims First Act of 2021
Bill: H.R.6479 | Sponsor: Rep. Bass, Karen (D-CA)
Policy area: Crime and Law Enforcement

Summary:
Put Trafficking Victims First Act of 2021
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.

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 
2021''.

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) Ensure 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.
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