The Formation Accountability Project is an independent, nonpartisan legislative research and advocacy initiative. Its proposals are discussion drafts and do not represent enacted law, official Department of Defense policy, congressional sponsorship, or legal advice.
Reform brief — current law, proposed changes, and review questions
The problem
- Mandatory coordination between military and federal investigators and prosecutors in trafficking cases.
Existing law
- Coordination between DoD and DOJ is governed by memoranda of understanding and policy rather than a single statutory mandate for trafficking cases.
- 28 U.S.C. § 543 authorizes the Attorney General to appoint Special Assistant United States Attorneys (SAUSAs).
Proposed reform
- Mandatory coordination involving the Attorney General and authorized designees.
- Involvement of appropriate United States Attorney's Offices and the Department of Justice.
- Cooperation among MCIOs, the FBI, and other authorized federal investigative agencies.
- Coordination with the Office of Special Trial Counsel.
- Participation of qualified Special Assistant United States Attorneys.
How it would work
Receive information → safety and screening → independent jurisdiction and threshold assessment → investigation or noncriminal review where warranted → authorized disposition → oversight.
Interactive accountability processWhy it matters
- Effective investigations depend on shared information and clear roles.
Legal safeguards
- Prosecutorial discretion of DOJ and OSTC must be preserved.
- Double jeopardy and dual-sovereignty principles must be carefully considered.
Implementation considerations
- Evaluate staffing, forensic capacity, training, fiscal costs, reporting burdens, and unintended operational effects before enactment.
- These are research and implementation questions, not established findings or guaranteed benefits.
Research & sources
- 28 U.S.C. § 543
- 18 U.S.C. §§ 1589–1594
- 10 U.S.C. § 824a
Federal–Military Enforcement
Coordinated enforcement under applicable law.
Mandatory coordination between military and federal investigators and prosecutors in trafficking cases.
Current law
- Coordination between DoD and DOJ is governed by memoranda of understanding and policy rather than a single statutory mandate for trafficking cases.
- 28 U.S.C. § 543 authorizes the Attorney General to appoint Special Assistant United States Attorneys (SAUSAs).
Proposed law
- Mandatory coordination involving the Attorney General and authorized designees.
- Involvement of appropriate United States Attorney's Offices and the Department of Justice.
- Cooperation among MCIOs, the FBI, and other authorized federal investigative agencies.
- Coordination with the Office of Special Trial Counsel.
- Participation of qualified Special Assistant United States Attorneys.
Proposed provisions are part of a discussion draft and are not existing law.
Explanation of the proposed change
Section 405 would make coordination mandatory rather than discretionary, while preserving independent charging decisions on each pathway.
Policy rationale
- Effective investigations depend on shared information and clear roles.
Legal considerations
- Prosecutorial discretion of DOJ and OSTC must be preserved.
- Double jeopardy and dual-sovereignty principles must be carefully considered.
Statutory references
- 28 U.S.C. § 543
- 18 U.S.C. §§ 1589–1594
- 10 U.S.C. § 824a
Related flowchart pathway
Human Trafficking