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Pub. L.
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Title V — Training and Technical Assistance

115th Congress · Approved Dec 21, 2018 · 132 Stat. 5265

TITLE V Training and Technical Assistance

SEC. 501. Encouraging a Victim-Centered Approach to Training of Federal Law Enforcement Personnel.

(a)
Training Curriculum Improvements.— 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).
(b)
Advanced Training Curriculum.—
(1)
In general.— Not later than 1 year after the date of enactment of this Act, 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—
(A)
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;
(B)
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, United States Code) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18, United States Code, and is a party to a human trafficking offense; 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 eliminating 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 paragraph (1) to—
(A)
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
(B)
members of task forces that participate in the investigation of human trafficking offenses.
(c)
Training Components.— Section 107(c)(4)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)(B)) is amended—
(1)
in clause (ii), by striking “ and” at the end;
(2)
in clause (iii), by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following:

“(iv) a discussion clarifying 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, United States Code) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18, United States Code, and is a party to a human trafficking offense.”

SEC. 502. Victim Screening Training.

Section 114 of the Justice for Victims of Trafficking Act of 2015 (34 U.S.C. 20709) is amended—
(1)
in subsection (c)(1)(A)—
(A)
in clause (i), by striking the “ and” at the end;
(B)
in clause (ii), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:

“(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.”

; and

(2)
by adding at the end the following:

“(f) Department of Justice Victim Screening Protocol.—

“(1) In general.—Not later than 180 days after the date of enactment of this subsection, 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.”

SEC. 503. Judicial Training.

Section 223(b)(2) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20333(b)(2)) is amended—
(1)
in subparagraph (B) by striking “ and” at the end;
(2)
in subparagraph (C) by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following:

“(D) procedures for improving the judicial response to children who are vulnerable to human trafficking, to the extent an appropriate screening tool exists.”

SEC. 504. 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 enforcement officials may receive technical assistance and training to pursue a victim-centered approach to investigating and prosecuting severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).