,,ii  #aaeth ,,congress  #ast ,session  
,s4 #aejd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bi1     
#bjag,mrs4 ,gillibrand 7for herself and 
,mr4 ,rubio7 introduced the following   
bill2 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 trafficking1 and for other        
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,put ,trafficking   
,victims ,first ,act of #bjag4  #b4     
,report on safe harbor laws ,not later  
than #c years after the date of         
enactment of this ,act1 the ,attorney   
,general1 acting through the ,director  
of the ,office for ,victims of ,crime1  
shall issue a report to be posted on a  
publicly available website that         
includes--  7#a7 the impact of ,state   
safe harbor laws and associated services
 on the re-victimization of victims of  
trafficking 7as such term is defined in 
section #ajc7ae7 of the ,victims of     

,trafficking and ,violence ,protection  
,act of #bjjj 7#bb ,u4,s4,c4            
#gajb7ae7771 the recovery of victims1   
victim outcomes1 and prosecutions of    
traffickers2 and  7#b7 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   
traffickers4  #c4 ,training for         
prosecutions of traffickers and support 
for ,state services for victims of      
trafficking  7a7 ,in general ,section   
#ajg7;b77#b77;,b77ii7 of the ,victims of
 ,trafficking and ,violence ,protection 
,act of #bjjj 7#bb ,u4,s4,c4            
#gaje7;b77#b77;,b77ii77 is amended to   
read as follows3  7ii7 #e percent for   
training and technical assistance1 to be
 provided in coordination with the      
,secretary of ,health and ,human        
,services1 including with respect to--  
7,i7 increasing capacity and expertise  
on security for and protection of       

service providers from intimidation or  
retaliation for their activities2       
7,,ii7 8investigating1 prosecuting1 and 
preventing human trafficking through a  
trauma-informed and victim-centered     
approach that provides services and     
protections for victims of trafficking2 
7,,iii7 facilitating the provision of   
evidence-based1 trauma-informed care and
 mental health services to victims of   
trafficking2  7,,iv7 ensuring that all  
victims of trafficking1 including       
,united ,states citizens1 lawful        
permanent residents1 and foreign        
nationals1 are eligible for services2   
7,v7 ensuring that law enforcement      
officers and prosecutors make every     
attempt to determine whether an         
individual's participation in human     
trafficking is free from force1 fraud1  
or coercion of any means before         
arresting them for1 or charging them    
with1 an offense2  7,,vi7 effectively   
prosecuting traffickers and individuals 
who patronize or solicit children for   

sex1 and facilitating access for child  
victims of trafficking to the same type 
of court procedures and legal           
protections accessible to child victims 
of sexual assault1 rape1 child sexual   
abuse1 or incest1 and clarifying the    
right of child victims of trafficking to
 not be treated as criminals as a result
 of their victimization2 and  7,,vii7   
encouraging ,states to identify the     
locations of victims of trafficking and 
serve those victims1 including through  
efforts that utilize internet outreach1 
through methods informed by survivors of
 human trafficking1 and by offering help
 and services that are responsive to    
victims' needs in their communities2 and
  4  7b7 ,effective date ,the amendments
 made by subsection 7a7 shall take      
effect on ,october #a1 #bjag4  #d4      
,working to develop methodologies to    
assess prevalence of human trafficking  
7a7 ,working group  7#a7 ,in general    
,not later than #a year after the date  
of enactment of this ,act1 the ,director

 of the ,national ,institute of         
,justice1 in consultation with the      
,director of the ,human ,smuggling and  
,trafficking ,center1 shall establish an
 expert working group1 which shall      
include survivors of human trafficking1 
experts on sex and labor trafficking1   
representatives from organizations      
collecting data on human trafficking1   
and law enforcement officers4 ,the      
working group shall1 utilizing1 to the  
extent practicable1 existing efforts of 
agencies1 task forces1 ,states1 cities1 
research institutions1 and              
organizations--  7,a7 identify the      
methodological and practical barriers   
hampering data collection on sex and    
labor trafficking2  7,b7 identify the   
information that should be collected1   
and how that information should be      
collected2 and  7,c7 recommend practices
 that could be standardized as          
replicable best practices to promote    
better data comparison1 aggregation1 and
 analysis4  7#b7 ,pilot testing ,not    

later than #c years after the date of   
enactment of this ,act1 the ,director of
 the ,national ,institute of ,justice   
shall implement a series of pilot       
studies to test promising methodologies 
studied under paragraph 7#a74  7b7      
,report  7#a7 ,in general ,not later    
than #c years after the date of         
enactment of this ,act1 the ,director of
 the ,national ,institute of ,justice1  
in consultation with the ,secretary of  
,labor1 the ,secretary of ,health and   
,human ,services1 the ,secretary of     
,homeland ,security1 and the ,director  
of the ,human ,smuggling and            
,trafficking ,center1 shall submit to   
,congress a report1 which includes--    
7,a7 the efforts made in developing     
robust1 comprehensive methodologies to  
estimate the prevalence of human        
trafficking at the national and regional
 levels2  7,b7 best practices for       
determining the trends of human         
trafficking in the ,united ,states2     
7,c7 evaluations of the effectiveness of

 current policies and procedures to     
address the needs of victims of         
trafficking1 including appropriate      
housing and services from trained       
trauma-informed care service providers2 
and  7,d7 an analysis of the varying    
characteristics of victims of           
trafficking in different regions1       
including age1 gender1 race or          
ethnicity1 involvement in the child     
welfare system1 involvement in the      
juvenile or criminal justice system1 the
 number of foster care placements1 the  
number of congregate care placements1   
and whether an individual is a victim of
 sex trafficking or labor trafficking1  
and recommendations for how to address  
the unique vulnerabilities of different 
victims4  7#b7 ,availability of report  
,the report required under paragraph    
7#a7 shall be made publicly available on
 the website of the ,department of      
,justice4  7#c7 ,input from relevant    
parties ,in developing the report under 
paragraph 7#a71 the ,director shall seek

 input from the ,united ,states         
,advisory ,council on ,human            
,trafficking1 victims of trafficking1   
human trafficking survivor advocates1   
service providers for victims of sex and
 labor trafficking1 and the ,president's
 ,interagency ,task ,force on ,human    
,trafficking4  7c7 ,survey ,not later   
than #b years after the date of         
enactment of this ,act1 the ,director of
 the ,national ,institute of ,justice1  
in coordination with ,federal1 ,state1  
local1 and tribal governments1 and      
private organizations1 including victim 
service providers and expert            
researchers1 shall develop and execute a
 survey of survivors seeking and        
receiving services through a model      
agreed upon by service providers for    
victims of trafficking1 government      
entities1 and research experts to better
 understand where and how victims of    
trafficking are accessing services1 how 
they are referred to services1 including
 referrals by first responders1 how     

assessment tools work to identify       
victims of trafficking1 and to help     
estimate the prevalence of human        
trafficking and victim identification in
 the ,united ,states4 ,survey results   
shall be made publicly available on the 
website of the ,department of ,justice4 
7d7 ,no additional funds ,no additional 
funds are authorized to carry out this  
section4  #e4 ,report on prosecutors    
seeking mandatory restitution in        
trafficking cases ,not later than #a    
year after the date of enactment of this
 ,act1 the ,attorney ,general1 in       
consultation with the ,administrative   
,office of the ,united ,states ,courts1 
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 website1 
which shall include the following3  7#a7
 ,information on the ,department of     
,justice's training programs on         

mandatory restitution and the use of    
asset forfeiture to provide restitution 
to victims of trafficking1 and          
recommendations of necessary additional 
training to ensure mandatory restitution
 is ordered in all relevant human       
trafficking cases4  7#b7 ,an assessment 
of obstacles that continue to prevent   
,federal prosecutors and ,federal courts
 from ordering restitution4  7#c7 ,an   
assessment of whether the asset         
forfeiture provisions in the ,justice   
for ,victims of ,trafficking ,act of    
#bjae 7,public ,law #aad-bb2 #abi ,stat4
 #bbg7 and the amendments made by that  
,act have helped increase requests to   
transfer forfeited proceeds for         
restitution1 including how many requests
 have been made and how many of those   
requests have been approved1 and whether
 ,united ,states ,attorneys offices are 
properly informed about requesting      
transfers4  7#d7 ,an assessment of how  
establishing trauma-informed1           
victim-centered investigative and       

prosecutorial procedures can help       
improve mandatory restitution orders1   
including by encouraging victims of     
trafficking to cooperate in criminal    
cases1 equipping victims of trafficking 
with proper assistance during criminal  
proceedings1 and helping victims of     
trafficking secure mandatory            
restitution4  7#e7 ,the annual number   
and percentage of ,federal cases related
 to human trafficking1 separating sex   
trafficking and labor trafficking1      
during the period beginning on ,june #a1
 #bjae1 and ending on the date of the   
enactment of this ,act1 in which        
restitution was ordered1 and the amount 
of restitution ordered in each case4    
7#f7 ,data on the participation and     
non-participation of victims of         
trafficking in criminal proceedings1    
data on the participation and           
nonparticipation of victims of          
trafficking in witness protection       
programs and services1 and              
recommendations for encouraging the     

participation of victims of trafficking 
in such proceedings4  #f4 ,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 
trafficking4 ,congress encourages       
,states to do the following3  7#a7      
,uphold the basic rights and dignity of 
human trafficking survivors4  7#b7      
,adopt a survivor-centered approach to  
addressing human trafficking that       
ensures the safety1 confidentiality1 and
 well-being of victims of trafficking1  
while recognizing symptoms of trauma and
 coping mechanisms that may impact      
victims' interactions with law          
enforcement officers1 the justice       
system1 and service providers4  7#c7    
,implement screening mechanisms for all 
children entering child welfare         
services1 the juvenile justice system1  
or the criminal justice system to       

identify child victims of trafficking   
and connect them with appropriate       
services1 including appropriate housing 
and services from trained               
trauma-informed care service providers1 
and to try to identify foreign nationals
 who may be victims of trafficking4     
7#d7 ,ensure that child victims of      
trafficking are provided with a range of
 protections1 including access to child 
welfare services1 trauma-informed       
programming1 and the same legal rights  
afforded to other children who          
experience sexual abuse1 rape1 or       
incest1 including ensuring that--  7,a7 
criminals who exploit child victims of  
sex trafficking1 including offenders who
 purchase1 solicit1 or obtain a child   
for purposes of engaging in a commercial
 sex act1 face serious penalties and    
sentences under sex trafficking laws1   
and are not given lesser sentences2 and 
7,b7 child victims of trafficking are   
never referred to as child prostitutes  
or underage sex workers in law or       

official documents and proceedings4     
7#e7 ,develop a #bd-;hour emergency     
response plan to provide victims        
trafficking with immediate protection   
and support when they are first         
identified1 which may include physically
 moving victims of trafficking to a     
place of safety1 attending to the       
immediate medical and emotional needs of
 survivors1 assessing whether survivors 
are under risk for harm1 retaliation1 or
 intimidation1 and directly connecting  
survivors with victim advocates1        
housing1 and service providers4  7#f7   
,adopt protections for victims of       
trafficking that include the right--    
7,a7 to be treated as a victim of crime 
and afforded justice1 respect1 and      
dignity2  7,b7 to protection if the     
victim's safety is at risk or if there  
is danger of harm1 retaliation1 or      
recapture by the trafficker2  7,c7 to   
comprehensive trauma-informed1          
long-term1 culturally competent care and
 healing services oriented toward       

emotional1 psychological1 and family    
healing2  7,d7 to evidence-based        
screening and assessment tools1         
treatment plans1 and therapy to address 
traumatic stress and associated mental  
health symptoms2  7,e7 to safe and      
effective emergency and long-term       
housing2 education1 vocational1 and job 
assistance and training2 mentoring      
programs2 language assistance2 drug and 
substance abuse services2 and legal     
services2  7,f7 for child sex           
trafficking victims to be treated as    
children in need of child protective    
services and to be served through the   
child welfare system1 where appropriate1
 in place of the juvenile justice       
system2  7,g7 for all victims of        
trafficking1 including ,united ,states  
citizens1 lawful permanent residents1   
and foreign nationals1 to be eligible   
for services2  7,h7 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      
trafficked1 and protection for foreign  
nationals from being removed1 being     
determined to be inadmissible1 or losing
 any immigration benefit because of such
 conviction or arrests2  7,i7 to the    
same type of court procedures and legal 
protections accessible to victims of    
sexual assault1 rape1 child sexual      
abuse1 or incest1 including the right to
 not be treated as a criminal2 and  7,j7
 to retain all rights regardless of     
whether the crime has been reported to  
law enforcement authorities4