34 U.S.C. § 20709 — Combat Human Trafficking Act

(a) Short title. This section can be called the "Combat Human Trafficking Act of 2015." (b) Definitions. (1) Several terms — "commercial sex act," "severe forms of trafficking in persons," "State," and "Task Force" — mean whatever 22 U.S.C. § 7102 says they mean. (2) Covered offender. Someone who obtains, patronizes, or solicits a commercial sex act involving a trafficking victim. (3) Covered offense. Providing, obtaining, patronizing, or soliciting a commercial sex act involving a trafficking victim. (4) Federal law enforcement officer. This means whatever 18 U.S.C. § 115 says it means. (5) Local law enforcement officer. Any local government officer, agent, or employee authorized to prevent, detect, investigate, or prosecute crimes. (6) State law enforcement officer. The same idea, but for a state government officer, agent, or employee. (c) Department of Justice training and policy. (1) Training. (A) The Attorney General must make sure every DOJ anti-trafficking training program for federal, state, or local officers covers: effective ways to investigate and prosecute covered offenders; helping trafficking victims get physical and mental health care; individually screening adults and children suspected of commercial sex acts or labor exploitation to see if they are trafficking victims; and teaching that trafficking victims often commit crimes as a direct result of being trafficked, and that officers should take steps to avoid arresting, charging, or prosecuting those victims for offenses tied to their own victimization. (B) Federal prosecutors. DOJ training for U.S. attorneys must cover seeking restitution under chapter 77 of title 18, so that after a conviction, prosecutors always ask for a specific restitution amount for each victim — even if the victim doesn't request it. (C) Judges. The Federal Judicial Center must train judges on ordering restitution under 18 U.S.C. § 1593. (2) Policy for federal officers. The Attorney General must make sure federal law enforcement officers are actively involved in detecting, investigating, and prosecuting covered offenders. (d) Omitted. [This subsection was omitted from the published text.] (e) Bureau of Justice Statistics report. The Director of the Bureau of Justice Statistics must: (1) prepare an annual report covering (A) the number of arrests, prosecutions, and convictions of individuals by state law enforcement and courts for covered offenses, noting how many were covered offenders, and (B) sentences given to people convicted of covered offenses in state courts; and (2) send that report to the House and Senate Judiciary Committees, the Task Force, the Senior Policy Operating Group, and the Attorney General. (f) Department of Justice victim screening protocol. (1) The Attorney General had to issue a screening protocol within 180 days after December 21, 2018, for use in all DOJ anti-trafficking law enforcement operations. (2) The protocol must: (A) require screening every adult and child suspected of commercial sex acts or unlawful labor exploitation, to check if they are trafficking victims; (B) require steps to avoid arresting, charging, or prosecuting trafficking victims for offenses tied to their own victimization; (C) require training on the protocol for all federal officers and staff involved in trafficking investigations; (D) be developed with input from state and local law enforcement, the Department of Health and Human Services, trafficking survivors, and nongovernmental organizations focused on identifying, preventing, and helping victims; and (E) include procedures to minimize trauma during screening, plus guidelines for helping victims find and receive services.