34 U.S.C. § 20713 — Encouraging a victim-centered approach to training of Federal law enforcement personnel
submitted 8 years ago by Pub. L. 109-164 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 407 words · no verdicts yet
Federal agencies must regularly update their human trafficking training. They also had to build an advanced curriculum with input from survivors and law enforcement experts.
(a) Training curriculum improvements. The Attorney General, the Secretary of Homeland Security, and the Secretary of Labor must periodically improve their agencies' human trafficking training programs — at least once every 2 years. Before making changes, they must consult with trafficking survivors or victim service providers, and with federal law enforcement agencies responsible for preventing, deterring, and prosecuting trafficking (such as current or former federal investigators with expertise identifying victims and investigating trafficking cases).
(b) Advanced training curriculum.
(1) Within 1 year after December 21, 2018, the Attorney General and the Secretary of Homeland Security had to build an advanced training curriculum. This supplements the basic curriculum for DOJ and DHS investigative staff, and must: (A) emphasize a team effort between law enforcement officers (who handle investigation and prosecution) and victim service providers (who offer services and resources); (B) explain trafficker recruitment techniques, and make clear that knowingly soliciting or patronizing a commercial sex act* from a minor (as described in 18 U.S.C. § 1591(c)) or from someone subject to force, fraud, or coercion is a crime under chapter 77 of title 18, and counts as being a party to trafficking; and (C) explain that (i) trafficking victims often commit crimes as a direct result of being trafficked, and officers should take steps to avoid arresting, charging, or prosecuting them for those offenses, and (ii) a full anti-trafficking approach should include reducing demand.
(2) Use of curriculum. The Attorney General and the Secretary of Homeland Security must train using this curriculum: (A) every DOJ and DHS law enforcement officer who might investigate trafficking offenses; and (B) members of task forces that investigate trafficking offenses.
The Attorney General, Secretary of Homeland Security, and Secretary of Labor shall periodically, but not less frequently than once every 2 years, implement improvements to the training programs on human trafficking for employees of the Department of Justice, Department of Homeland Security, and Department of Labor, respectively, after consultation with survivors of human trafficking, or trafficking victims service providers, and Federal law enforcement agencies responsible for the prevention, deterrence, and prosecution of offenses involving human trafficking (such as individuals serving as, or who have served as, investigators in a Federal agency and who have expertise in identifying human trafficking victims and investigating human trafficking cases).
Not later than 1 year after December 21, 2018, the Attorney General and the Secretary of Homeland Security shall develop an advanced training curriculum, to supplement the basic curriculum for investigative personnel of the Department of Justice and the Department of Homeland Security, respectively, that—
emphasizes a multidisciplinary, collaborative effort by law enforcement officers who provide a broad range of investigation and prosecution options in response to perpetrators, and victim service providers, who offer services and resources for victims;
provides guidance about the recruitment techniques employed by human traffickers to clarify 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) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18 and is a party to a human trafficking offense; and
explains that—
victims of sex or labor trafficking often engage in criminal acts as a direct result of severe trafficking in persons and 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; and
a comprehensive approach to eliminating human trafficking should include demand reduction as a component.
The Attorney General and the Secretary of Homeland Security shall provide training using the curriculum developed under paragraph (1) to—
all law enforcement officers employed by the Department of Justice and the Department of Homeland Security, respectively, who may be involved in the investigation of human trafficking offenses; and
members of task forces that participate in the investigation of human trafficking offenses.
Source credit: (Pub. L. 109–164, title II, § 213, formerly Pub. L. 115–393, title V, § 501, Dec. 21, 2018, 132 Stat. 5275; renumbered § 213 of Pub. L. 109–164, Pub. L. 117–347, title I, § 106(b)(3), Jan. 5, 2023, 136 Stat. 6204.)
- 2018Enacted · Pub. L. 109-164 · 132 Stat. 5275
- 2023Amended · Pub. L. 109-164 · 136 Stat. 6204
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-164 on 2018-12-21.
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