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

Federal law — U.S. Code and appendices · legal_authorities

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

**(a) Short title** This section may be cited as the “Combat Human Trafficking Act of 2015”. **(b) Definitions** In this section: (1) **Commercial sex act; severe forms of trafficking in persons; state; task force** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim). (2) **Covered offender** — 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) **Covered offense** — 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) **Federal law enforcement officer** — The term “Federal law enforcement officer” has the meaning given the term in [section 115 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section115&num=0&edition=prelim). (5) **Local law enforcement officer** — 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) **State law enforcement officer** — 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) Department of Justice traini

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Source location: Title 34, Chapter 207, § 20709; chapter-207-combating-domestic-trafficking-in-persons.md

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**(a) Short title** This section may be cited as the “Combat Human Trafficking Act of 2015”. **(b) Definitions** In this section: (1) **Commercial sex act; severe forms of trafficking in persons; state; task force** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim). (2) **Covered offender** — 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) **Covered offense** — 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) **Federal law enforcement officer** — The term “Federal law enforcement officer” has the meaning given the term in [section 115 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section115&num=0&edition=prelim). (5) **Local law enforcement officer** — 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) **State law enforcement officer** — 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) Department of Justice training and policy for law enforcement officers, prosecutors, and judges** (1) **Training** (A) *Law enforcement officers* — 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) *Federal prosecutors* — 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) *Judges* — The Federal Judicial Center shall provide training to judges relating to the application of [section 1593 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1593&num=0&edition=prelim) with respect to ordering restitution for victims of offenses under chapter 77 of such title. (2) **Policy for Federal law enforcement officers** — 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) Omitted** **(e) Bureau of Justice Statistics report on State enforcement of human trafficking prohibitions** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7103/g&num=0&edition=prelim); and (E) the Attorney General. **(f) Department of Justice victim screening protocol** (1) **In general** — 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) **Requirements** — 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7102 — Definitions

In this chapter: (1) **Abuse or threatened abuse of law or legal process** — The term “abuse or threatened abuse of the legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action. (2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (3) **Coercion** — The term “coercion” means— (A) threats of serious harm to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (C) the abuse or threatened abuse of the legal process. (4) **Commercial sex act** — The term “commercial sex act” means any sex act on account of which anything of value is given to or received by any person. (5) **Concrete actions** — The term “concrete actions” means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following: (A) Enforcement actions taken. (B) Investigations actively underway. (C) Prosecutions conducted. (D) Convictions attained. (E) Training provided. (F) Programs and partnerships actively underway. (G) Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particul

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1593 — Mandatory restitution

**(a)** Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this chapter. **(b)** (1) The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3) of this subsection. (2) An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A. (3) As used in this subsection, the term “full amount of the victim’s losses” has the same meaning as provided in section 2259(c)(2) and shall in addition include the greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act ([29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.). (4) The forfeiture of property under this subsection shall be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act ([21 U.S.C. 853](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim)). **(c)** As used in this section, the term “victim” means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by t

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 115 — Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member

**(a)** (1) Whoever— (A) assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1114&num=0&edition=prelim); or (B) threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section, with intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties, shall be punished as provided in subsection (b). (2) Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or a member of the immediate family of any person who formerly served as a person designated in paragraph (1), with intent to retaliate against such person on account of the performance of official duties during the term of service of such person, shall be punished as provided in subsection (b). **(b)** (1) The punishment for an assault in violation of this section is— (A) a fine under this title; and (B) (i) if the assault consists of a simple assault, a term of imprisonment for not more than 1 year; (ii) if the assault involved physical contact with the victim of that assa

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 115

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14044g — Transferred

### Statutory Notes #### Codification Section 14044f was editorially reclassified as [section 20708 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20708&num=0&edition=prelim), Crime Control and Law Enforcement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14044g

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20712 — Holistic training for Federal law enforcement officers and prosecutors

All training required under [section 20709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20709&num=0&edition=prelim) and section 7105(c)(4) 11 See References in Text note below. of title 22 shall— (1) emphasize 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1591/c&num=0&edition=prelim)) 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; (2) develop specific curriculum for— (A) under appropriate circumstances, arresting and prosecuting buyers of commercial sex, child labor that is a violation of law, or forced labor as a form of primary prevention; and (B) investigating and prosecuting individuals who knowingly benefit financially from participation in a venture that has engaged in any act of human trafficking; and (3) specify that any comprehensive approach to eliminating human trafficking shall include a demand reduction component.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14044h — Transferred

### Statutory Notes #### Codification Section 14044g was editorially reclassified as [section 20709 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20709&num=0&edition=prelim), Crime Control and Law Enforcement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14044h

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 501 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20709 2018, 132 Stat. 5254; renumbered § 208 of Pub. L. 109–164 and amended Pub. L. 117–347, title I, §§ 101(a), 106(a), Jan. 5, 2023, 136 Stat. 6200, 6204.) Editorial Notes REFERENCES IN TEXT Paragraph (9) of section 7102 of title 22, referred to in subsec. (a)(1), was redesignated par. (11) of section 7102 of title 22 by Pub. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503. CODIFICATION Section was formerly classified to section 14044f of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2023—Subsec. (c)(1). Pub. L. 117–347, § 101(a), inserted before semicolon at end ‘‘, which may include pro- grams to build law enforcement capacity to identify and respond to human trafficking that are funded through the Office of Community Oriented Policing Services of the Department of Justice, such as the Interdiction for the Protection of Children Program’’. 2018—Pub. L. 115–392, § 10(a)(1), substituted ‘‘special- ized human trafficking training and technical assist- ance for service providers’’ for ‘‘law enforcement train- ing programs’’ in section catchline. Subsec. (a)(2). Pub. L. 115–392, § 10(a)(2), substituted ‘‘means—’’ and subpars. (A) to (F) for ‘‘means a State or a local government.’’ Subsec. (b). Pub. L. 115–392, § 10(a)(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘The Attorney General may award grants to eligible entities to provide training to State and local law enforcement personnel to identify and protect victims of trafficking.’’ Subsec. (c)(4) to (8). Pub. L. 115–392, § 10(a)(4), added pars. (4) to (8). 2013—Subsec. (a)(1). Pub. L. 113–4 substituted ‘‘par

Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 20709

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