34 U.S.C. § 20713 — Encouraging a victim-centered approach

Page 504 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20712 1 See References in Text note below. (1) coordinating, promoting, and supporting the work of the Department of Justice relat- ing to human trafficking, including investiga- tion, prosecution, training, outreach, victim support, grant-making, and policy activities; (2) in consultation with survivors of human trafficking, or anti-human trafficking organi- zations, producing and disseminating, includ- ing making publicly available when appro- priate, replication guides and training mate- rials for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult and child protective services, social services, and public safety, medical personnel, mental health per- sonnel, financial services personnel, and any other individuals whose work may bring them in contact with human trafficking regarding how to— (A) identify signs of human trafficking; (B) conduct investigations in human traf- ficking cases; (C) address evidentiary issues and other legal issues; and (D) appropriately assess, respond to, and interact with victims and witnesses in human trafficking cases, including in admin- istrative, civil, and criminal judicial pro- ceedings; and (3) carrying out such other duties as the At- torney General determines necessary in con- nection with enhancing the understanding, prevention, and detection of, and response to, human trafficking. (Pub. L. 109–164, title II, § 211, formerly Pub. L. 114–22, title VI, § 606, May 29, 2015, 129 Stat. 260; Pub. L. 115–392, §§ 9, 15, Dec. 21, 2018, 132 Stat. 5254, 5256; renumbered § 211 of Pub. L. 109–164, Pub. L. 117–347, title I, § 106(b)(1), Jan. 5, 2023, 136 Stat. 6204.) Editorial Notes REFERENCES IN TEXT Clause (viii) of section 7103(d)(7)(Q) of title 22, as added by section 17 of the Abolish Human Trafficking Act of 2017, referred to subsec. (c)(4), probably should be a reference to the clause as added by section 16 of the Abolish Human Trafficking Act of 2017, which is section 16 of Pub. L. 115–392, Dec. 21, 2018, 132 Stat. 5257. Section 2429 of such title, as added by section 3 of the Abolish Human Trafficking Act of 2017, referred to in subsec. (c)(6), means section 2429 of title 18, as added by section 3(a) of Pub. L. 115–392, Dec. 21, 2018, 132 Stat. 5251. CODIFICATION Section was formerly classified to section 14044h of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Subsec. (b)(1)(B) to (D). Pub. L. 115–392, § 15(1), redesignated subpars. (C) and (D) as (B) and (C), respec- tively, and struck out former subpar. (B) which read as follows: ‘‘the appointment of not fewer than 1 assistant United States attorney in each district dedicated to the prosecution of human trafficking cases or responsible for implementing the National Strategy;’’. Subsec. (b)(6). Pub. L. 115–392, § 9, added par. (6). Subsecs. (c), (d). Pub. L. 115–392, § 15(2), added subsecs. (c) and (d). § 20712. Holistic training for Federal law enforce- ment officers and prosecutors All training required under section 20709 of this title and section 7105(c)(4) 1 of title 22 shall— (1) emphasize that an individual who know- ingly 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 of- fense under chapter 77 of title 18 and is a party to a human trafficking offense; (2) develop specific curriculum for— (A) under appropriate circumstances, ar- resting and prosecuting buyers of commer- cial sex, child labor that is a violation of law, or forced labor as a form of primary prevention; and (B) investigating and prosecuting individ- uals 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. (Pub. L. 109–164, title II, § 212, formerly Pub. L. 115–392, § 7, Dec. 21, 2018, 132 Stat. 5253; renum- bered § 212 of Pub. L. 109–164, Pub. L. 117–347, title I, § 106(b)(2), Jan. 5, 2023, 136 Stat. 6204.) Editorial Notes REFERENCES IN TEXT Section 7105(c)(4) of title 22, referred to in text, was in the original ‘‘section 105(c)(4) of the Trafficking Vic- tims Protection Act of 2000’’ and was translated as if it read ‘‘section 107(c)(4)’’ of the Act to reflect the prob- able intent of Congress. There is no section 105(c)(4) of the Trafficking Victims Protection Act of 2000 and sec- tion 107(c)(4) relates to the training of Government per- sonnel. CODIFICATION Section was formerly classified to section 20709a of this title prior to renumbering by Pub. L. 117–347. § 20713. Encouraging a victim-centered approach to training of Federal law enforcement per- sonnel (a) Training curriculum improvements The Attorney General, Secretary of Homeland Security, and Secretary of Labor shall periodi- cally, 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, deter- rence, 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 iden- tifying human trafficking victims and inves- tigating human trafficking cases). Page 505 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20714 (b) Advanced training curriculum (1) In general Not later than 1 year after December 21, 2018, the Attorney General and the Secretary of Homeland Security shall develop an ad- vanced training curriculum, to supplement the basic curriculum for investigative personnel of the Department of Justice and the Depart- ment of Homeland Security, respectively, that— (A) emphasizes a multidisciplinary, col- laborative effort by law enforcement officers who provide a broad range of investigation and prosecution options in response to per- petrators, and victim service providers, who offer services and resources for victims; (B) provides guidance about the recruit- ment techniques employed by human traf- fickers to clarify that an individual who knowingly solicits or patronizes a commer- cial 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 of- fense; and (C) explains that— (i) 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 (ii) a comprehensive approach to elimi- nating human trafficking should include demand reduction as a component. (2) Use of curriculum The Attorney General and the Secretary of Homeland Security shall provide training using the curriculum developed under para- graph (1) to— (A) all law enforcement officers employed by the Department of Justice and the De- partment of Homeland Security, respec- tively, who may be involved in the inves- tigation of human trafficking offenses; and (B) members of task forces that partici- pate in the investigation of human traf- ficking offenses. (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.) Editorial Notes CODIFICATION Section is comprised of section 213 of Pub. L. 109–164. Subsec. (c) of section 213 of Pub. L. 109–164 amended section 7105 of Title 22, Foreign Relations and Inter- course. Section was formerly classified to section 20907b of this title prior to renumbering by Pub. L. 117–347. § 20714. Training of tribal law enforcement and prosecutorial personnel The Attorney General, in consultation with the Director of the Office of Tribal Justice, shall carry out a program under which tribal law en- forcement officials may receive technical assist- ance and training to pursue a victim-centered approach to investigating and prosecuting se- vere forms of trafficking in persons (as defined in section 7102 of title 22). (Pub. L. 109–164, title II, § 214, formerly Pub. L. 115–393, title V, § 504, Dec. 21, 2018, 132 Stat. 5277; renumbered § 214 of Pub. L. 109–164, Pub. L. 117–347, title I, § 106(b)(3), Jan. 5, 2023, 136 Stat. 6205.) Editorial Notes CODIFICATION Section was formerly classified to section 20709c of this title prior to renumbering by Pub. L. 117–347. CHAPTER 209—CHILD PROTECTION AND SAFETY SUBCHAPTER I—SEX OFFENDER REGISTRATION AND NOTIFICATION Sec. 20901. Declaration of purpose. 20902. Establishment of program. 20903. Tribal registry. PART A—SEX OFFENDER REGISTRATION AND NOTIFICATION 20911. Relevant definitions, including Amie Zyla ex- pansion of sex offender definition and ex- panded inclusion of child predators. 20912. Registry requirements for jurisdictions. 20913. Registry requirements for sex offenders. 20914. Information required in registration. 20915. Duration of registration requirement. 20916. Direction to the Attorney General. 20917. Checking system for social networking websites. 20918. Periodic in person verification. 20919. Duty to notify sex offenders of registration requirements and to register. 20920. Public access to sex offender information through the Internet. 20921. National Sex Offender Registry. 20922. Dru Sjodin National Sex Offender Public Website. 20923. Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program. 20924. Actions to be taken when sex offender fails to comply. 20925. Development and availability of registry management and website software. 20926. Period for implementation by jurisdictions. 20927. Failure of jurisdiction to comply. 20928. Sex Offender Management Assistance (SOMA) program. 20929. Election by Indian tribes. 20930. Registration of sex offenders entering the United States. 20931. Registration of sex offenders released from military corrections facilities or upon con- viction. 20932. Immunity for good faith conduct. PART B—IMPROVING FEDERAL CRIMINAL LAW ENFORCE- MENT TO ENSURE SEX OFFENDER COMPLIANCE WITH REGISTRATION AND NOTIFICATION REQUIREMENTS AND PROTECTION OF CHILDREN FROM VIOLENT PREDATORS 20941. Federal assistance with respect to violations of registration requirements. 20942. Project Safe Childhood. 20943. Federal assistance in identification and loca- tion of sex offenders relocated as a result of a major disaster. 20944. Expansion of training and technology efforts.