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§ 20701. Prevention of domestic trafficking in persons

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Release point 116-252 · current through 12/22/2020

§ 20701.

Prevention of domestic trafficking in persons

(a)

Program to reduce trafficking in persons and demand for commercial sex acts in the United States

(1)

Comprehensive research and statistical review and analysis of incidents of trafficking in persons and commercial sex acts

(A)
In general

The Attorney General shall use available data from State and local authorities as well as research data to carry out a biennial comprehensive research and statistical review and analysis of severe forms of trafficking in persons, and a biennial comprehensive research and statistical review and analysis of sex trafficking and unlawful commercial sex acts in the United States, and shall submit to Congress separate biennial reports on the findings.

(B)
Contents

The research and statistical review and analysis under this paragraph shall consist of two separate studies, utilizing the same statistical data where appropriate, as follows:

(i)

The first study shall address severe forms of trafficking in persons in the United States and shall include, but need not be limited to—

(I)

the estimated number and demographic characteristics of persons engaged in acts of severe forms of trafficking in persons; and

(II)

the number of investigations, arrests, prosecutions, and incarcerations of persons engaged in acts of severe forms of trafficking in persons by States and their political subdivisions.

(ii)

The second study shall address sex trafficking and unlawful commercial sex acts in the United States and shall include, but need not be limited to—

(I)

the estimated number and demographic characteristics of persons engaged in sex trafficking and commercial sex acts, including purchasers of commercial sex acts;

(II)

the estimated value in dollars of the commercial sex economy, including the estimated average annual personal income derived from acts of sex trafficking;

(III)

the number of investigations, arrests, prosecutions, and incarcerations of persons engaged in sex trafficking and unlawful commercial sex acts, including purchasers of commercial sex acts, by States and their political subdivisions; and

(IV)

a description of the differences in the enforcement of laws relating to unlawful commercial sex acts across the United States.

(2)

Trafficking conference

(A)
In general

The Attorney General, in consultation and cooperation with the Secretary of Health and Human Services, shall conduct an annual conference in each of the fiscal years 2006, 2007, and 2008, and thereafter conduct a biennial conference, addressing severe forms of trafficking in persons and commercial sex acts that occur, in whole or in part, within the territorial jurisdiction of the United States. At each such conference, the Attorney General, or his designee, shall—

(i)

announce and evaluate the findings contained in the research and statistical reviews carried out under paragraph (1);

(ii)

disseminate best methods and practices for enforcement of laws prohibiting acts of severe forms of trafficking in persons and other laws related to acts of trafficking in persons, including, but not limited to, best methods and practices for training State and local law enforcement personnel on the enforcement of such laws;

(iii)

disseminate best methods and practices for training State and local law enforcement personnel on the enforcement of laws prohibiting sex trafficking and commercial sex acts, including, but not limited to, best methods for investigating and prosecuting exploiters and persons who solicit or purchase an unlawful commercial sex act; and

(iv)

disseminate best methods and practices for training State and local law enforcement personnel on collaborating with social service providers and relevant nongovernmental organizations and establishing trust of persons subjected to commercial sex acts or severe forms of trafficking in persons.

(B)
Participation

Each annual conference conducted under this paragraph shall involve the participation of persons with expertise or professional responsibilities with relevance to trafficking in persons, including, but not limited to—

(i)

Federal Government officials, including law enforcement and prosecutorial officials;

(ii)

State and local government officials, including law enforcement and prosecutorial officials;

(iii)

persons who have been subjected to severe forms of trafficking in persons or commercial sex acts;

(iv)

medical personnel;

(v)

social service providers and relevant nongovernmental organizations; and

(vi)

academic experts.

(C)
Reports

The Attorney General and the Secretary of Health and Human Services shall prepare and post on the respective Internet Web sites of the Department of Justice and the Department of Health and Human Services reports on the findings and best practices identified and disseminated at the conference described in this paragraph.

(b)

Omitted

(c)

Authorization of appropriations

There are authorized to be appropriated—

(1)

$1,500,000 for each of the fiscal years 2008 through 2011 to carry out the activities described in subsection (a)(1)(B)(i) and $1,500,000 for each of the fiscal years 2008 through 2011 to carry out the activities described in subsection (a)(1)(B)(ii); and

(2)

$250,000 for each of the fiscal years 2014 through 2021 to carry out the activities described in subsection (a)(2).

Source(Pub. L. 109–164, title II, § 201,
Jan. 10, 2006
, 119 Stat. 3567; Pub. L. 110–457, title III, § 302(2),
Dec. 23, 2008
, 122 Stat. 5087; Pub. L. 113–4, title XII, § 1252(2),
Mar. 7, 2013
, 127 Stat. 156; Pub. L. 115–393, title III, § 301(b),
Dec. 21, 2018
, 132 Stat. 5272.)
Notes

Codification

Section is comprised of section 201 of Pub. L. 109–164. Subsec. (b) of section 201 of Pub. L. 109–164 amended section 7104 of Title 22, Foreign Relations and Intercourse.
Section was formerly classified to section 14044 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2018—Subsec. (c)(2). Pub. L. 115–393 substituted “2021” for “2017”.
2013—Subsec. (c)(2). Pub. L. 113–4 substituted “$250,000 for each of the fiscal years 2014 through 2017” for “$1,000,000 for each of the fiscal years 2008 through 2011”.
2008—Subsec. (c)(1). Pub. L. 110–457, § 302(2)(A), substituted “$1,500,000 for each of the fiscal years 2008 through 2011” for “$2,500,000 for each of the fiscal years 2006 and 2007” in two places.
Subsec. (c)(2). Pub. L. 110–457, § 302(2)(B), which directed substitution of “2008 through 2011” for “2006 and 2007”, was executed by making the substitution for “2006 through 2007”, to reflect the probable intent of Congress.

Best Practices in Delivering Justice for Victims of Trafficking

Pub. L. 115–392, § 8,
Dec. 21, 2018
, 132 Stat. 5253, provided that:
“Not later than 180 days after the date of enactment of this Act [
Dec. 21, 2018
], the Attorney General shall issue guidance to all offices and components of the Department of Justice—
“(1)

emphasizing that an individual who knowingly solicits or patronizes a commercial sex act from a person who was a minor (consistent with section 1591(c) of title 18, United States Code) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18, United States Code, and is a party to a severe form of trafficking in persons, as that term is defined in section 103(9) [now 103(11)] of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9) [now 7102(11)]);

“(2)

recommending and implementing best practices for the collection of special assessments under section 3014 of title 18, United States Code, as added by section 101 of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 228), including a directive that civil liens are an authorized collection method and remedy under section 3613 of title 18, United States Code; and

“(3)

clarifying that commercial sexual exploitation is a form of gender-based violence.”

Ending Government Partnerships With the Commercial Sex Industry

Pub. L. 115–392, § 19,
Dec. 21, 2018
, 132 Stat. 5258, provided that:
“No Federal funds or resources may be used for the operation of, participation in, or partnership with any program that involves the provision of funding or resources to an organization that—
“(1)

has the primary purpose of providing adult entertainment; and

“(2)

derives profits from the commercial sex trade.”

Recommendations To Prevent Sex Trafficking of Indian Women

Pub. L. 111–211, title II, § 264,
July 29, 2010
, 124 Stat. 2300, provided that:
“Any report of the Secretary of Health and Human Services to Congress on the development of Indian victim services and victim advocate training programs shall include any recommendations that the Secretary determines to be necessary to prevent the sex trafficking of Indian women.”

Ex. Ord. No. 13903. Combating Human Trafficking and Online Child Exploitation in the United States

Ex Ord. No. 13903,
Jan. 31, 2020
, 85 F.R. 6721, provided:
Section 1. Policy. Human trafficking is a form of modern slavery. Throughout the United States and around the world, human trafficking tears apart communities, fuels criminal activity, and threatens the national security of the United States. It is estimated that millions of individuals are trafficked around the world each year—including into and within the United States. As the United States continues to lead the global fight against human trafficking, we must remain relentless in resolving to eradicate it in our cities, suburbs, rural communities, tribal lands, and on our transportation networks. Human trafficking in the United States takes many forms and can involve exploitation of both adults and children for labor and sex.
Twenty-first century technology and the proliferation of the internet and mobile devices have helped facilitate the crime of child sex trafficking and other forms of child exploitation. Consequently, the number of reports to the National Center for Missing and Exploited Children of online photos and videos of children being sexually abused is at record levels.
The Federal Government is committed to preventing human trafficking and the online sexual exploitation of children. Effectively combating these crimes requires a comprehensive and coordinated response to prosecute human traffickers and individuals who sexually exploit children online, to protect and support victims of human trafficking and child exploitation, and to provide prevention education to raise awareness and help lower the incidence of human trafficking and child exploitation into, from, and within the United States.
To this end, it shall be the policy of the executive branch to prioritize its resources to vigorously prosecute offenders, to assist victims, and to provide prevention education to combat human trafficking and online sexual exploitation of children.
Sec. 2. Strengthening Federal Responsiveness to Human Trafficking. (a) The Domestic Policy Council shall commit one employee position to work on issues related to combating human trafficking occurring into, from, and within the United States and to coordinate with personnel in other components of the Executive Office of the President, including the Office of Economic Initiatives and the National Security Council, on such efforts. This position shall be filled by an employee of the executive branch detailed from the Department of Justice, the Department of Labor, the Department of Health and Human Services, the Department of Transportation, or the Department of Homeland Security.
(b) The Secretary of State, on behalf of the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons, shall make available, online, a list of the Federal Government’s resources to combat human trafficking, including resources to identify and report instances of human trafficking, to protect and support the victims of trafficking, and to provide public outreach and training.
(c) The Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall, in coordination and consistent with applicable law:
(i) improve methodologies of estimating the prevalence of human trafficking, including in specific sectors or regions, and monitoring the impact of anti-trafficking efforts and publish such methodologies as appropriate; and
(ii) establish estimates of the prevalence of human trafficking in the United States.
Sec. 3. Prosecuting Human Traffickers and Individuals Who Exploit Children Online. (a) The Attorney General, through the Federal Enforcement Working Group, in collaboration with the Secretary of Labor and the Secretary of Homeland Security, shall:
(i) improve interagency coordination with respect to targeting traffickers, determining threat assessments, and sharing law enforcement intelligence to build on the Administration’s commitment to the continued success of ongoing anti-trafficking enforcement initiatives, such as the Anti-Trafficking Coordination Team and the U.S.-Mexico Bilateral Human Trafficking Enforcement Initiatives; and
(ii) coordinate activities, as appropriate, with the Task Force on Missing and Murdered American Indians and Alaska Natives as established by Executive Order 13898 of
November 26, 2019
(Establishing the Task Force on Missing and Murdered American Indians and Alaska Natives) [25 U.S.C. 2801 note].
(b) The Attorney General and the Secretary of Homeland Security, and other heads of executive departments and agencies as appropriate, shall, within 180 days of the date of this order [
Jan. 31, 2020
], propose to the President, through the Director of the Domestic Policy Council, legislative and executive actions that would overcome information-sharing challenges and improve law enforcement’s capabilities to detect in real-time the sharing of child sexual abuse material on the internet, including material referred to in Federal law as “child pornography.” Overcoming these challenges would allow law enforcement officials to more efficiently identify, protect, and rescue victims of online child sexual exploitation; investigate and prosecute alleged offenders; and eliminate the child sexual abuse material online.
Sec. 4. Protecting Victims of Human Trafficking and Child Exploitation. (a) The Attorney General, the Secretary of Health and Human Services, and the Secretary of Homeland Security, and other heads of executive departments and agencies as appropriate, shall work together to enhance capabilities to locate children who are missing, including those who have run away from foster care and those previously in Federal custody, and are vulnerable to human trafficking and child exploitation. In doing so, such heads of executive departments and agencies, shall, as appropriate, engage social media companies; the technology industry; State, local, tribal and territorial child welfare agencies; the National Center for Missing and Exploited Children; and law enforcement at all levels.
(b) The Secretary of Health and Human Services, in consultation with the Secretary of Housing and Urban Development, shall establish an internal working group to develop and incorporate practical strategies for State, local, and tribal governments, child welfare agencies, and faith-based and other community organizations to expand housing options for victims of human trafficking.
Sec. 5. Preventing Human Trafficking and Child Exploitation Through Education Partnerships. The Attorney General and the Secretary of Homeland Security, in coordination with the Secretary of Education, shall partner with State, local, and tribal law enforcement entities to fund human trafficking and child exploitation prevention programs for our Nation’s youth in schools, consistent with applicable law and available appropriations.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.

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