§20709 — Title 34 Navy | U.S. Code

Summary

Requires the Attorney General and the Department of Justice to make sure all DOJ anti‑trafficking programs and trainings teach law enforcement how to investigate and prosecute people who buy commercial sex from trafficking victims, how to help victims get physical and mental health care, and how to individually screen adults and children suspected of commercial sex or labor exploitation to see if they are victims. The training must also explain that victims often commit crimes because of their trafficking and that steps should be taken to avoid arresting, charging, or prosecuting people for offenses that are directly caused by their victimization. The Attorney General must also make sure federal prosecutors are trained to seek restitution for victims under chapter 77 of title 18, and the Federal Judicial Center must train judges about ordering restitution under section 1593 of title 18. Federal law enforcement must take part in finding, investigating, and prosecuting covered offenders. Defines key terms briefly: commercial sex act, severe forms of trafficking, State, and Task Force (as defined in section 7102 of title 22); covered offender (someone who obtains or solicits a commercial sex act involving a trafficking victim); covered offense (providing or obtaining such an act); Federal, State, and local law enforcement officers (as described in title 18 and State/local law). The Director of the Bureau of Justice Statistics must make an annual report showing arrests, prosecutions, convictions, and sentences in State courts for covered offenses and send it to the House and Senate Judiciary Committees, the Task Force, the Senior Policy Operating Group under section 7103(g) of title 22, and the Attorney General. Within 180 days after December 21, 2018, the Attorney General must issue a screening protocol for DOJ operations that requires individual screening of suspected victims, affirmative steps to avoid charging victims for crimes caused by trafficking, training on the protocol, development with agencies, survivors, and NGOs, and procedures to minimize trauma and help victims get services.

Title 34, §20709

Navy — Source: USLM XML via OLRC

(a)This section may be cited as the “Combat Human Trafficking Act of 2015”.

(b)In this section:

(1)The terms “commercial sex act”, “severe forms of trafficking in persons”, “State”, and “Task Force” have the meanings given those terms in section 7102 of title 22.

(2)The term “covered offender” means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons.

(3)The term “covered offense” means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons.

(4)The term “Federal law enforcement officer” has the meaning given the term in section 115 of title 18.

(5)The term “local law enforcement officer” means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.

(6)The term “State law enforcement officer” means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.

(c)(1)(A)The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on—

(i)effective methods for investigating and prosecuting covered offenders;

(ii)facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of trafficking in persons;

(iii)individually screening all adults and children who are suspected of engaging in commercial sex acts or who are subject to labor exploitation that may be in violation of child labor laws to determine whether each individual screened is a victim of human trafficking; and

(iv)how—

(I)victims of sex or labor trafficking often engage in criminal acts as a direct result of severe trafficking in persons; and

(II)such individuals are victims of a crime and affirmative measures should be taken to avoid arresting, charging, or prosecuting such individuals for any offense that is the direct result of their victimization.

(B)The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice for United States attorneys or other Federal prosecutors includes training on seeking restitution for offenses under chapter 77 of title 18 to ensure that each United States attorney or other Federal prosecutor, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim of the offense without regard to whether the victim requests restitution.

(C)The Federal Judicial Center shall provide training to judges relating to the application of section 1593 of title 18 with respect to ordering restitution for victims of offenses under chapter 77 of such title.

(2)The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of covered offenders.

(d)

(e)The Director of the Bureau of Justice Statistics shall—

(1)prepare an annual report on—

(A)the number of—

(i)arrests of individuals by State law enforcement officers for a covered offense, noting the number of covered offenders;

(ii)prosecutions (including specific charges) of individuals in State court systems for a covered offense, noting the number of covered offenders; and

(iii)convictions of individuals in State court systems for a covered offense, noting the number of covered offenders; and

(B)sentences imposed on individuals convicted in State court systems for a covered offense; and

(2)submit the annual report prepared under paragraph (1) to—

(A)the Committee on the Judiciary of the House of Representatives;

(B)the Committee on the Judiciary of the Senate;

(C)the Task Force;

(D)the Senior Policy Operating Group established under section 7103(g) of title 22; and

(E)the Attorney General.

(f)(1)Not later than 180 days after December 21, 2018, the Attorney General shall issue a screening protocol for use during all anti-trafficking law enforcement operations in which the Department of Justice is involved.

(2)The protocol required to be issued under paragraph (1) shall—

(A)require the individual screening of all adults and children who are suspected of engaging in commercial sex acts or who are subject to labor exploitation that may be in violation of child labor laws to determine whether each individual screened is a victim of human trafficking;

(B)require affirmative measures to avoid arresting, charging, or prosecuting human trafficking victims for any offense that is the direct result of their victimization;

(C)require all Federal law enforcement officers and relevant department personnel who participate in human trafficking investigations to receive training on enforcement of the protocol;

(D)be developed in consultation with State and local law enforcement agencies, the Department of Health and Human Services, survivors of human trafficking, and nongovernmental organizations that specialize in the identification, prevention, and restoration of victims of human trafficking; and

(E)include—

(i)procedures and practices to ensure that the screening process minimizes trauma or revictimization of the person being screened; and

(ii)guidelines on assisting victims of human trafficking in identifying and receiving victim services.

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 209 of Pub. L. 109–164. Subsec. (d) of section 209 of Pub. L. 109–164 amended section 3583(k) of Title 18, Crimes and Criminal Procedure. Section was formerly classified to section 14044g of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2019—Subsec. (e)(1)(A). Pub. L. 115–425, § 121(b)(1), (2), substituted “number” for “rates” in introductory provisions and inserted “, noting the number of covered offenders” after “covered offense” wherever appearing. Subsec. (e)(1)(A)(i). Pub. L. 115–425, § 121(b)(3), substituted “arrests” for “arrest”. Subsec. (e)(1)(A)(ii). Pub. L. 115–425, § 121(b)(4), substituted “prosecutions” for “prosecution”. Subsec. (e)(1)(A)(iii). Pub. L. 115–425, § 121(b)(5), substituted “convictions” for “conviction”. 2018—Subsec. (c)(1)(A)(iii), (iv). Pub. L. 115–393, § 502(1), added cls. (iii) and (iv). Subsec. (f). Pub. L. 115–393, § 502(2), added subsec. (f).

Statutory Notes and Related Subsidiaries

Using Existing Task Forces and Components To Target Offenders Who Exploit Children Pub. L. 114–22, title I, § 110,

May 29, 2015, 129 Stat. 239, provided that: “Not later than 180 days after the date of enactment of this Act [

May 29, 2015], the Attorney General shall ensure that— “(1) all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of State and local law

Enforcement

officers in the detection, investigation, and prosecution of persons who patronize, or solicit children for sex; and “(2) all components and task forces with jurisdiction to detect, investigate, and prosecute cases of child labor trafficking engage in activities, programs, or operations to increase the capacity of such components to deter and punish child labor trafficking.”

§20709 Combat Human Trafficking Act