§20709 — Title 34 Navy | U.S. Code

Summary

The Attorney General must make sure Justice Department anti‑trafficking programs train law enforcement and prosecutors to investigate and go after people who buy or solicit sex from trafficking victims, and to help victims get medical and mental health care. Training must teach officers to individually screen adults and children suspected of commercial sex or labor exploitation to see if they are trafficking victims, and to recognize that victims sometimes commit crimes because they were forced or coerced and should not be arrested, charged, or prosecuted for those acts. United States attorneys must ask for specific restitution for each victim under 18 U.S.C. 1593 when they win a conviction, whether or not the victim asks. The Federal Judicial Center must train judges about ordering that restitution. Federal law enforcement officers must take part in investigating and prosecuting these offenders. The Bureau of Justice Statistics must make a yearly report showing State arrests, prosecutions (with charges), convictions, and sentences for these offenses and say how many were buyers/solicitors, and send that report to the House and Senate Judiciary Committees, the Task Force, the Senior Policy Operating Group under 22 U.S.C. 7103(g), and the Attorney General. Not later than 180 days after December 21, 2018, the Attorney General must issue a screening protocol for all DOJ anti‑trafficking operations that requires individual screening, steps to avoid arresting victims for crimes caused by their victimization, training on the protocol, consultation with State and local agencies, HHS, survivors, and NGOs, and trauma‑minimizing screening and victim‑service guidance. Defined terms (one line each): commercial sex act — paying for or trading for sexual services; severe forms of trafficking in persons — sex or labor trafficking involving force, fraud, or coercion; State — a U.S. State; Task Force — the federal anti‑trafficking task force; covered offender — someone who obtains, patronizes, or solicits a commercial sex act involving a trafficking victim; covered offense — the act of providing, obtaining, patronizing, or soliciting that commercial sex; Federal law enforcement officer — a federal officer as defined in 18 U.S.C. 115; local law enforcement officer — an authorized local government officer who enforces criminal law; State law enforcement officer — an authorized State officer who enforces criminal law.

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