34 U.S.C. § 20701 — Prevention of domestic trafficking in

Page 487 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20701 § 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 re- view and analysis of incidents of traf- ficking 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 com- prehensive research and statistical review and analysis of severe forms of trafficking in persons, and a biennial comprehensive re- search 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 fol- lows: (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 demo- graphic characteristics of persons en- gaged in acts of severe forms of traf- ficking in persons; and (II) the number of investigations, ar- rests, 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 in- clude, but need not be limited to— (I) the estimated number and demo- graphic characteristics of persons en- gaged in sex trafficking and commercial sex acts, including purchasers of com- mercial 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 traf- ficking; (III) the number of investigations, ar- rests, 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 un- lawful 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 an- nual 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 Attor- ney 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 prac- tices for enforcement of laws prohibiting acts of severe forms of trafficking in per- sons and other laws related to acts of traf- ficking in persons, including, but not lim- ited to, best methods and practices for training State and local law enforcement personnel on the enforcement of such laws; (iii) disseminate best methods and prac- tices for training State and local law en- forcement personnel on the enforcement of laws prohibiting sex trafficking and com- mercial sex acts, including, but not lim- ited to, best methods for investigating and prosecuting exploiters and persons who so- licit or purchase an unlawful commercial sex act; and (iv) disseminate best methods and prac- tices for training State and local law en- forcement personnel on collaborating with social service providers and relevant non- governmental organizations and estab- lishing trust of persons subjected to com- mercial sex acts or severe forms of traf- ficking in persons. (B) Participation Each annual conference conducted under this paragraph shall involve the participa- tion of persons with expertise or professional responsibilities with relevance to trafficking in persons, including, but not limited to— (i) Federal Government officials, includ- ing law enforcement and prosecutorial of- ficials; (ii) State and local government officials, including law enforcement and prosecu- torial 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 De- partment of Health and Human Services re- ports on the findings and best practices iden- tified and disseminated at the conference de- scribed in this paragraph. (b) Omitted (c) Authorization of appropriations There are authorized to be appropriated— Page 488 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20701 (1) $1,500,000 for each of the fiscal years 2008 through 2011 to carry out the activities de- scribed 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 sub- section (a)(1)(B)(ii); and (2) $250,000 for each of the fiscal years 2014 through 2021 to carry out the activities de- scribed in subsection (a)(2). (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.) Editorial 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 Inter- course. Section was formerly classified to section 14044 of Title 42, The Public Health and Welfare, prior to edi- torial 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), sub- stituted ‘‘$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 di- rected 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. Statutory Notes and Related Subsidiaries BEST PRACTICES IN DELIVERING JUSTICE FOR VICTIMS OF TRAFFICKING Pub. L. 115–392, § 8, Dec. 21, 2018, 132 Stat. 5253, pro- vided that: ‘‘Not later than 180 days after the date of enactment of this Act [Dec. 21, 2018], the Attorney Gen- eral 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 prac- tices 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 Traf- ficking Act of 2015 (Public Law 114–22; 129 Stat. 228), including a directive that civil liens are an author- ized 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, pro- vided 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 fund- ing or resources to an organization that— ‘‘(1) has the primary purpose of providing adult en- tertainment; 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 develop- ment of Indian victim services and victim advocate training programs shall include any recommendations that the Secretary determines to be necessary to pre- vent the sex trafficking of Indian women.’’ Executive Documents 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 com- munities, fuels criminal activity, and threatens the na- tional 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 glob- al fight against human trafficking, we must remain re- lentless in resolving to eradicate it in our cities, sub- urbs, rural communities, tribal lands, and on our trans- portation 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 prolifera- tion of the internet and mobile devices have helped fa- cilitate the crime of child sex trafficking and other forms of child exploitation. Consequently, the number of reports to the National Center for Missing and Ex- ploited 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 pro- vide prevention education to raise awareness and help lower the incidence of human trafficking and child ex- ploitation 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 pros- ecute offenders, to assist victims, and to provide pre- vention education to combat human trafficking and on- line sexual exploitation of children. SEC. 2. Strengthening Federal Responsiveness to Human Trafficking. (a) The Domestic Policy Council shall com- mit one employee position to work on issues related to combating human trafficking occurring into, from, and within the United States and to coordinate with per- sonnel in other components of the Executive Office of the President, including the Office of Economic Initia- tives and the National Security Council, on such ef- forts. This position shall be filled by an employee of the executive branch detailed from the Department of Jus- tice, the Department of Labor, the Department of Health and Human Services, the Department of Trans- portation, or the Department of Homeland Security. (b) The Secretary of State, on behalf of the Presi- dent’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 pub- lic outreach and training. Page 489 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20702 (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 preva- lence of human trafficking, including in specific sectors or regions, and monitoring the impact of anti-traf- ficking efforts and publish such methodologies as ap- propriate; 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 Sec- retary 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 initia- tives, such as the Anti-Trafficking Coordination Team and the U.S.-Mexico Bilateral Human Trafficking En- forcement 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 Home- land Security, and other heads of executive depart- ments 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 chal- lenges would allow law enforcement officials to more efficiently identify, protect, and rescue victims of on- line child sexual exploitation; investigate and pros- ecute 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 Sec- retary of Health and Human Services, and the Sec- retary of Homeland Security, and other heads of execu- tive departments and agencies as appropriate, shall work together to enhance capabilities to locate chil- dren 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, [sic] shall, as appropriate, engage social media companies; the technology indus- try; State, local, tribal and territorial child welfare agencies; the National Center for Missing and Ex- ploited 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 organi- zations to expand housing options for victims of human trafficking. SEC. 5. Preventing Human Trafficking and Child Exploi- tation Through Education Partnerships. The Attorney General and the Secretary of Homeland Security, in co- ordination with the Secretary of Education, shall part- ner with State, local, and tribal law enforcement enti- ties to fund human trafficking and child exploitation prevention programs for our Nation’s youth in schools, consistent with applicable law and available appropria- tions. 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 de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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. § 20702. Establishment of a grant program to de- velop, expand, and strengthen assistance programs for certain persons subject to traf- ficking (a) Definitions In this section: (1) Assistant Secretary The term ‘‘Assistant Secretary’’ means the Assistant Secretary for Children and Families of the Department of Health and Human Serv- ices. (2) Assistant Attorney General The term ‘‘Assistant Attorney General’’ means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice. (3) Eligible entity The term ‘‘eligible entity’’ means a State or unit of local government that— (A) has significant criminal activity in- volving sex trafficking of minors; (B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecu- tors, and social service providers in address- ing sex trafficking of minors; (C) has developed a workable, multi-dis- ciplinary plan to combat sex trafficking of minors, including— (i) building or establishing a residential care facility for minor victims of sex traf- ficking; (ii) the provision of rehabilitative care to minor victims of sex trafficking; (iii) the provision of specialized training for law enforcement officers and social service providers for all forms of sex traf- ficking, with a focus on sex trafficking of minors; (iv) prevention, deterrence, and prosecu- tion of offenses involving sex trafficking of minors; (v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; and (vi) law enforcement protocols or proce- dures to screen all individuals arrested for prostitution, whether adult or minor, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and (D) provides assurance that a minor victim of sex trafficking shall not be required to