Text: S.1311 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-392 (12/21/2018)

 
[115th Congress Public Law 392]
[From the U.S. Government Publishing Office]



[[Page 5249]]

                  ABOLISH HUMAN TRAFFICKING ACT OF 2017

[[Page 132 STAT. 5250]]

Public Law 115-392
115th Congress

                                 An Act


 
  To provide assistance in abolishing human trafficking in the United 
              States. <<NOTE: Dec. 21, 2018 -  [S. 1311]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Abolish Human 
Trafficking Act of 2017.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 18 USC 1 note.>>  Short Title.--This Act may be cited as 
the ``Abolish Human Trafficking Act of 2017''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Preserving Domestic Trafficking Victims' Fund.
Sec. 3. Mandatory restitution for victims of commercial sexual 
           exploitation.
Sec. 4. Victim-witness assistance in sexual exploitation cases.
Sec. 5. Victim protection training for the Department of Homeland 
           Security.
Sec. 6. Direct services for child victims of human trafficking.
Sec. 7. Holistic training for Federal law enforcement officers and 
           prosecutors.
Sec. 8. Best practices in delivering justice for victims of trafficking.
Sec. 9. Improving the national strategy to combat human trafficking.
Sec. 10. Specialized human trafficking training and technical assistance 
           for service providers.
Sec. 11. Enhanced penalties for human trafficking, child exploitation, 
           and repeat offenders.
Sec. 12. Targeting organized human trafficking perpetrators.
Sec. 13. Investigating complex human trafficking networks.
Sec. 14. Combating sex tourism.
Sec. 15. Human Trafficking Justice Coordinators.
Sec. 16. Interagency Task Force to Monitor and Combat Human Trafficking.
Sec. 17. Additional reporting on crime.
Sec. 18. Strengthening the national human trafficking hotline.
Sec. 19. Ending Government partnerships with the commercial sex 
           industry.
Sec. 20. Understanding the effects of severe forms of trafficking in 
           persons.
Sec. 21. Combating trafficking in persons.
Sec. 22. Grant accountability.
Sec. 23. HERO Act improvements.

SEC. 2. PRESERVING DOMESTIC TRAFFICKING VICTIMS' FUND.

    (a) Sense of Congress.--It is the sense of Congress that the 
Domestic Trafficking Victims' Fund established under section 3014 of 
title 18, United States Code--
            (1) is intended to supplement, and not supplant, any other 
        funding for domestic trafficking victims; and
            (2) has achieved the objective described in paragraph (1) 
        since the establishment of the Fund.

    (b) Ensuring Full Funding.--Section 3014 of title 18, United States 
Code, is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``September 30, 2019'' and inserting 
        ``September 30, 2021'';
            (2) in subsection (e)(1), in the matter preceding 
        subparagraph (A), by striking ``2019'' and inserting ``2023'';

[[Page 132 STAT. 5251]]

            (3) in subsection (f), by inserting ``, including the 
        mandatory imposition of civil remedies for satisfaction of an 
        unpaid fine as authorized under section 3613, where 
        appropriate'' after ``criminal cases''; and
            (4) in subsection (h)(3), by inserting ``and child victims 
        of a severe form of trafficking (as defined in section 103 of 
        the Victims of Trafficking and Violence Protection Act of 2000 
        (22 U.S.C. 7102))'' after ``child pornography victims''.
SEC. 3. MANDATORY RESTITUTION FOR VICTIMS OF COMMERCIAL SEXUAL 
                    EXPLOITATION.

    (a) Amendment.--Chapter 117 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2429. <<NOTE: 18 USC 2429.>>  Mandatory restitution

    ``(a) <<NOTE: Courts.>>  Notwithstanding section 3663 or 3663A, and 
in addition to any other civil or criminal penalty authorized by law, 
the court shall order restitution for any offense under this chapter.

    ``(b)(1) <<NOTE: Determination.>>  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), and shall additionally 
require the defendant to pay the greater of the gross income or value to 
the defendant of the victim's services, if the services constitute 
commercial sex acts as defined under section 1591.

    ``(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) <<NOTE: Definition.>>  As used in this subsection, the term 
`full amount of the victim's losses' has the same meaning as provided in 
section 2259(b)(3).

    ``(c) The forfeiture of property under this section 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).
    ``(d) <<NOTE: Definition.>>  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 the court, but in 
no event shall the defendant be named such representative or 
guardian.''.

    (b) Table of Sections.--The table of sections for chapter 117 of 
title 18, United States Code, <<NOTE: 18 USC 2421 prec.>>  is amended by 
inserting after the item relating to section 2428 the following:

``2429. Mandatory restitution.''.

SEC. 4. VICTIM-WITNESS ASSISTANCE IN SEXUAL EXPLOITATION CASES.

    (a) Availability of DOJ Appropriations.--Section 524(c)(1)(B) of 
title 28, United States Code, is amended by inserting ``, chapter 110 of 
title 18'' after ``chapter 77 of title 18''.
    (b) Amendment to Title 31.--Section 9705(a)(2)(B)(v) of title 31, 
United States Code, is amended by inserting ``, chapter 109A of title 18 
(relating to sexual abuse), chapter 110 of title 18 (relating to child 
sexual exploitation), or chapter 117 of title 18 (relating

[[Page 132 STAT. 5252]]

to transportation for illegal sexual activity and related crimes)'' 
after ``(relating to human trafficking)''.
SEC. 5. VICTIM PROTECTION TRAINING FOR THE DEPARTMENT OF HOMELAND 
                    SECURITY.

    (a) In General.--Title IX of the Justice for Victims of Trafficking 
Act of 2015 (6 U.S.C. 641 et seq.) is amended by adding at the end the 
following:
``SEC. 906. <<NOTE: 6 USC 645.>>  VICTIM PROTECTION TRAINING FOR 
                        THE DEPARTMENT OF HOMELAND SECURITY.

    ``(a) Directive to DHS Law Enforcement Officials and Task Forces.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this section, the Secretary 
        shall issue a directive to--
                    ``(A) all Federal law enforcement officers and 
                relevant personnel employed by the Department who may be 
                involved in the investigation of human trafficking 
                offenses; and
                    ``(B) members of all task forces led by the 
                Department that participate in the investigation of 
                human trafficking offenses.
            ``(2) Required instructions.--The directive required to be 
        issued under paragraph (1) shall include instructions on--
                    ``(A) the investigation of individuals who patronize 
                or solicit human trafficking victims as being engaged in 
                severe trafficking in persons and how such individuals 
                should be investigated for their roles in severe 
                trafficking in persons; and
                    ``(B) how 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.

    ``(b) Victim Screening Protocol.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this section, the Secretary 
        shall issue a screening protocol for use during all anti-
        trafficking law enforcement operations in which the Department 
        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, child labor that is a violation of law, or 
                work in violation of labor standards 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) <<NOTE: Consultation.>>  be developed in 
                consultation with relevant interagency partners and 
                nongovernmental organizations that specialize in the 
                prevention of human trafficking or in the identification 
                and support of victims of human trafficking and 
                survivors of human trafficking; and
                    ``(D) include--

[[Page 132 STAT. 5253]]

                          ``(i) <<NOTE: Procedures.>>  procedures and 
                      practices to ensure that the screening process 
                      minimizes trauma or revictimization of the person 
                      being screened; and
                          ``(ii) <<NOTE: Guidelines.>>  guidelines on 
                      assisting victims of human trafficking in 
                      identifying and receiving restorative services.

    ``(c) Mandatory Training.--The training described in sections 902 
and 904 shall include training necessary to implement--
            ``(1) the directive required under subsection (a); and
            ``(2) the protocol required under subsection (b).''.

    (b) Table of Contents Amendment.--The table of contents in section 
1(b) of the Justice for Victims of Trafficking Act of 2015 (Public Law 
114-22; 129 Stat. 227) is amended by inserting after the item relating 
to section 905 the following:

``Sec. 906. Victim protection training for the Department of Homeland 
           Security.''.

SEC. 6. DIRECT SERVICES FOR CHILD VICTIMS OF HUMAN TRAFFICKING.

    Section 214(b) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 
20304(b)) is amended--
            (1) in the heading by inserting ``Child Victims of a Severe 
        Form of Trafficking in Persons and'' before ``Victims of Child 
        Pornography''; and
            (2) by inserting ``victims of a severe form of trafficking 
        (as defined in section 103 of the Trafficking Victims Protection 
        Act of 2000 (22 U.S.C. 7102(9)(A))) who were under the age of 18 
        at the time of the offense and'' before ``victims of child 
        pornography''.
SEC. 7. <<NOTE: 34 USC 20709a.>>  HOLISTIC TRAINING FOR FEDERAL 
                    LAW ENFORCEMENT OFFICERS AND PROSECUTORS.

    All training required under the Combat Human Trafficking Act of 2015 
(34 U.S.C. 20709) and section 105(c)(4) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(c)(4)) 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, 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;
            (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.
SEC. 8. <<NOTE: 37 USC 20701 note.>>  BEST PRACTICES IN DELIVERING 
                    JUSTICE FOR VICTIMS OF TRAFFICKING.

     <<NOTE: Deadline. Guidance.>> Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall issue guidance 
to all offices and components of the Department of Justice--

[[Page 132 STAT. 5254]]

            (1) emphasizing 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 severe form of trafficking in persons, as that 
        term is defined in section 103(9) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102(9));
            (2) recommending and implementing best practices for the 
        collection of special assessments under section 3014 of title 
        18, United States Code, as added by section 101 of the Justice 
        for Victims of Trafficking Act of 2015 (Public Law 114-22; 129 
        Stat. 228), including a directive that civil liens are an 
        authorized collection method and remedy under section 3613 of 
        title 18, United States Code; and
            (3) clarifying that commercial sexual exploitation is a form 
        of gender-based violence.
SEC. 9. IMPROVING THE NATIONAL STRATEGY TO COMBAT HUMAN 
                    TRAFFICKING.

    Section 606(b) of the Justice for Victims of Trafficking Act of 2015 
(34 U.S.C. 20711(b)) is amended by adding at the end the following:
            ``(6) A national strategy to prevent human trafficking and 
        reduce demand for human trafficking victims.''.
SEC. 10. SPECIALIZED HUMAN TRAFFICKING TRAINING AND TECHNICAL 
                      ASSISTANCE FOR SERVICE PROVIDERS.

    (a) In General.--Section 111 of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20708) is 
amended--
            (1) in the heading, by striking ``law enforcement training 
        programs'' and inserting ``specialized human trafficking 
        training and technical assistance for service providers'';
            (2) in subsection (a)(2), by striking ``means a State or a 
        local government.'' and inserting the following: ``means--
                    ``(A) a State or unit of local government;
                    ``(B) a federally recognized Indian tribal 
                government, as determined by the Secretary of the 
                Interior;
                    ``(C) a victim service provider;
                    ``(D) a nonprofit or for-profit organization 
                (including a tribal nonprofit or for-profit 
                organization);
                    ``(E) a national organization; or
                    ``(F) an institution of higher education (including 
                tribal institutions of higher education).'';
            (3) by striking subsection (b) and inserting the following:

    ``(b) Grants Authorized.--The Attorney General may award grants to 
eligible entities to--
            ``(1) provide training to identify and protect victims of 
        trafficking;
            ``(2) improve the quality and quantity of services offered 
        to trafficking survivors; and
            ``(3) improve victim service providers' partnerships with 
        Federal, State, tribal, and local law enforcement agencies and 
        other relevant entities.''; and
            (4) in subsection (c)--
                    (A) in paragraph (2), by striking ``or'' at the end;

[[Page 132 STAT. 5255]]

                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by inserting after paragraph (3) the following:
            ``(4) provide technical assistance on the range of services 
        available to victim service providers who serve trafficking 
        victims;
            ``(5) develop and distribute materials, including materials 
        identifying best practices in accordance with Federal law and 
        policies, to support victim service providers working with human 
        trafficking victims;
            ``(6) identify and disseminate other publicly available 
        materials in accordance with Federal law to help build capacity 
        of service providers;
            ``(7) provide training at relevant conferences, through 
        webinars, or through other mechanisms in accordance with Federal 
        law; or
            ``(8) assist service providers in developing additional 
        resources such as partnerships with Federal, State, tribal, and 
        local law enforcement agencies and other relevant entities in 
        order to access a range of available services in accordance with 
        Federal law.''.

    (b) Technical and Conforming Amendment.--The table of contents in 
section 2 of the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 2960) is 
amended by striking the item relating to section 111 and inserting the 
following:

``Sec. 111. Grants for specialized human trafficking training and 
           technical assistance for service providers.''.

SEC. 11. ENHANCED PENALTIES FOR HUMAN TRAFFICKING, CHILD 
                      EXPLOITATION, AND REPEAT OFFENDERS.

    Part I of title 18, United States Code, is amended--
            (1) in chapter 77--
                    (A) in section 1583(a), in the flush text following 
                paragraph (3), by striking ``not more than 20 years'' 
                and inserting ``not more than 30 years'';
                    (B) in section 1587, by striking ``four years'' and 
                inserting ``10 years''; and
                    (C) in section 1591(d), by striking ``20 years'' and 
                inserting ``25 years''; and
            (2) in section 2426--
                    (A) in subsection (a), by striking ``twice'' and 
                inserting ``3 times''; and
                    (B) in subsection (b)(1)(B) by striking ``paragraph 
                (1)'' and inserting ``subparagraph (A)''.
SEC. 12. TARGETING ORGANIZED HUMAN TRAFFICKING PERPETRATORS.

    Section 521(c) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) by redesignating paragraph (3) as paragraph (4);
            (3) by inserting after paragraph (2) the following:
            ``(3) a Federal offense involving human trafficking, sexual 
        abuse, sexual exploitation, or transportation for prostitution 
        or any illegal sexual activity; and''; and
            (4) in paragraph (4), as so redesignated, by striking ``(1) 
        or (2)'' and inserting ``(1), (2), or (3)''.

[[Page 132 STAT. 5256]]

SEC. 13. INVESTIGATING COMPLEX HUMAN TRAFFICKING NETWORKS.

    Section 2516 of title 18, United States Code, is amended--
            (1) in subsection (1)(c)--
                    (A) by inserting ``section 1582 (vessels for slave 
                trade), section 1583 (enticement into slavery),'' after 
                ``section 1581 (peonage),''; and
                    (B) by inserting ``section 1585 (seizure, detention, 
                transportation or sale of slaves), section 1586 (service 
                on vessels in slave trade), section 1587 (possession of 
                slaves aboard vessel), section 1588 (transportation of 
                slaves from United States),'' after ``section 1584 
                (involuntary servitude),''; and
            (2) in subsection (2)--
                    (A) by striking ``kidnapping human'' and inserting 
                ``kidnapping, human''; and
                    (B) by striking ``production, ,'' and inserting 
                ``production, prostitution,''.
SEC. 14. COMBATING SEX TOURISM.

    Section 2423 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``for the purpose'' and 
        inserting ``with a motivating purpose''; and
            (2) in subsection (d), by striking ``for the purpose of 
        engaging'' and inserting ``with a motivating purpose of 
        engaging''.
SEC. 15. HUMAN TRAFFICKING JUSTICE COORDINATORS.

    Section 606 of the Justice for Victims of Trafficking Act of 2015 
(34 U.S.C. 20711) is amended--
            (1) in subsection (b)(1)--
                    (A) by striking subparagraph (B); and
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively; and
            (2) by adding at the end the following:

    ``(c) Human Trafficking Justice Coordinators.-- 
<<NOTE: Designation.>> The Attorney General shall designate in each 
Federal judicial district not less than 1 assistant United States 
attorney to serve as the Human Trafficking Coordinator for the district 
who, in addition to any other responsibilities, works with a human 
trafficking victim-witness specialist and shall be responsible for--
            ``(1) implementing the National Strategy with respect to all 
        forms of human trafficking, including labor trafficking and sex 
        trafficking;
            ``(2) prosecuting, or assisting in the prosecution of, human 
        trafficking cases;
            ``(3) conducting public outreach and awareness activities 
        relating to human trafficking;
            ``(4) ensuring the collection of data required to be 
        collected under clause (viii) of section 105(d)(7)(Q) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7103(d)(7)(Q)), as added by section 17 of the Abolish Human 
        Trafficking Act of 2017, is sought;
            ``(5) coordinating with other Federal agencies, State, 
        tribal, and local law enforcement agencies, victim service 
        providers, and other relevant non-governmental organizations to 
        build partnerships on activities relating to human trafficking; 
        and

[[Page 132 STAT. 5257]]

            ``(6) ensuring the collection of restitution for victims is 
        sought as required to be ordered under section 1593 of title 18, 
        United States Code, and section 2429 of such title, as added by 
        section 3 of the Abolish Human Trafficking Act of 2017.

    ``(d) <<NOTE: Deadline. Designation.>>  Department of Justice 
Coordinator.--Not later than 60 days after the date of enactment of the 
Abolish Human Trafficking Act of 2017, the Attorney General shall 
designate an official who shall coordinate human trafficking efforts 
within the Department of Justice who, in addition to any other 
responsibilities, shall be responsible for--
            ``(1) coordinating, promoting, and supporting the work of 
        the Department of Justice relating to human trafficking, 
        including investigation, prosecution, training, outreach, victim 
        support, grant-making, and policy activities;
            ``(2) <<NOTE: Consultation.>>  in consultation with 
        survivors of human trafficking, or anti-human trafficking 
        organizations, producing and disseminating, including making 
        publicly available when appropriate, replication guides and 
        training materials 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 personnel, 
        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 trafficking 
                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 administrative, civil, and criminal 
                judicial proceedings; and
            ``(3) carrying out such other duties as the Attorney General 
        determines necessary in connection with enhancing the 
        understanding, prevention, and detection of, and response to, 
        human trafficking.''.
SEC. 16. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT HUMAN 
                      TRAFFICKING.

    Section 105(d)(7)(Q) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7103(d)(7)(Q)) is amended--
            (1) in clause (vi), by striking ``and'' at the end; and
            (2) by adding at the end the following:
                          ``(viii) the number of convictions obtained 
                      under chapter 77 of title 18, United States Code, 
                      aggregated separately by the form of offense 
                      committed with respect to the victim, including 
                      recruiting, enticing, harboring, transporting, 
                      providing, obtaining, advertising, maintaining, 
                      patronizing, or soliciting a human trafficking 
                      victim; and''.
SEC. 17. ADDITIONAL REPORTING ON CRIME.

    Section 237(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (28 U.S.C. 534 note) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;

[[Page 132 STAT. 5258]]

            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) incidents of assisting or promoting prostitution, 
        child labor that is a violation of law, or forced labor of an 
        individual under the age of 18 as described in paragraph (1); 
        and
            ``(5) incidents of purchasing or soliciting commercial sex 
        acts, child labor that is a violation of law, or forced labor 
        with an individual under the age of 18 as described in paragraph 
        (2).''.
SEC. 18. STRENGTHENING THE NATIONAL HUMAN TRAFFICKING HOTLINE.

    (a) Reporting Requirement.--Section 105(d)(3) of the Victims of 
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(3)) 
is amended--
            (1) by inserting ``and providing an annual report on the 
        case referrals received from the national human trafficking 
        hotline by Federal departments and agencies'' after 
        ``international trafficking''; and
            (2) by inserting ``and reporting requirements'' after ``Any 
        data collection procedures''.

    (b) Hotline Information.--Section 107(b)(1)(B)(ii) of such Act (22 
U.S.C. 7105(b)(1)(B)(ii)) is amended by adding at the end the following: 
``The number of the national human trafficking hotline described in this 
clause shall be posted in a visible place in all Federal buildings.''.
SEC. 19. <<NOTE: 34 USC 20701 note.>>  ENDING GOVERNMENT 
                      PARTNERSHIPS WITH THE COMMERCIAL SEX 
                      INDUSTRY.

    No Federal funds or resources may be used for the operation of, 
participation in, or partnership with any program that involves the 
provision of funding or resources to an organization that--
            (1) has the primary purpose of providing adult 
        entertainment; and
            (2) derives profits from the commercial sex trade.
SEC. 20. UNDERSTANDING THE EFFECTS OF SEVERE FORMS OF TRAFFICKING 
                      IN PERSONS.

    (a) In General.--Title VI of the Justice for Victims of Trafficking 
Act of 2015 (Public Law 114-22; 129 Stat. 258) is amended by adding at 
the end the following:
``SEC. 607. UNDERSTANDING THE PHYSICAL AND PSYCHOLOGICAL EFFECTS 
                        OF SEVERE FORMS OF TRAFFICKING IN PERSONS.

    ``(a) In General.-- <<NOTE: Study.>> The National Institute of 
Justice and the Centers for Disease Control and Prevention shall jointly 
conduct a study on the short-term and long-term physical and 
psychological effects of serious harm (as that term is defined in 
section 1589(c)(2) and section 1591(e)(4) of title 18, United States 
Code, as amended by the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat. 
5044)) in order to determine the most effective types of services for 
individuals who are identified as victims of these crimes, including 
victims in cases that were not investigated or prosecuted by any law 
enforcement agency, and how new or current treatment and programming

[[Page 132 STAT. 5259]]

options should be tailored to address the unique needs and barriers 
associated with these victims.

    ``(b) Report.-- <<NOTE: Public information. Recommenda-tions.>> Not 
later than 3 years after the date of enactment of the Abolish Human 
Trafficking Act of 2017, the National Institute of Justice and the 
Centers for Disease Control and Prevention shall make available to the 
public the results, including any associated recommendations, of the 
study conducted under subsection (a).''.

    (b) Table of Contents Amendment.--The table of contents in section 
1(b) of the Justice for Victims of Trafficking Act of 2015 (Public Law 
114-22; 129 Stat. 227) is amended by inserting after the item relating 
to section 606 the following:

``Sec. 607. Understanding the physical and psychological effects of 
           severe forms of trafficking in persons.''.

SEC. 21. COMBATING TRAFFICKING IN PERSONS.

    Section 113 of the Trafficking Victims Prevention Act of 2000 (22 
U.S.C. 7110) is amended--
            (1) in subsection (b)(2), by striking ``2014 through 2017'' 
        and inserting ``2018 through 2021''; and
            (2) in subsection (i), by striking ``2014 through 2017'' and 
        inserting ``2018 through 2021''.
SEC. 22. <<NOTE: 34 USC 20704 note.>>  GRANT ACCOUNTABILITY.

    (a) Definitions.--In this section--
            (1) the term ``covered agency'' means an agency authorized 
        to award grants under this Act;
            (2) the term ``covered grant'' means a grant authorized to 
        be awarded under this Act; and
            (3) the term ``covered official'' means the head of a 
        covered agency.

    (b) Accountability.--All covered grants shall be subject to the 
following accountability provisions:
            (1) <<NOTE: Time periods.>>  Audit requirement.--
                    (A) Definition.--In this paragraph, the term 
                ``unresolved audit finding'' means a finding in the 
                final audit report of the Inspector General of a covered 
                agency that the audited grantee has utilized funds under 
                a covered grant for an unauthorized expenditure or 
                otherwise unallowable cost that is not closed or 
                resolved within 12 months from the date when the final 
                audit report is issued.
                    (B) Audits <<NOTE: Effective date.>> .--Beginning in 
                the first fiscal year beginning after the date of 
                enactment of this Act, and in each fiscal year 
                thereafter, the Inspector General of a covered agency 
                shall conduct audits of recipients of covered grants to 
                prevent waste, fraud, and abuse of funds by grantees. 
                The Inspector <<NOTE: Determination.>> General shall 
                determine the appropriate number of grantees to be 
                audited each year.
                    (C) Mandatory exclusion.--A recipient of funds under 
                a covered grant that is found to have an unresolved 
                audit finding shall not be eligible to receive funds 
                under a covered grant during the first 2 fiscal years 
                beginning after the end of the 12-month period described 
                in subparagraph (A).
                    (D) Priority.--In awarding covered grants, a covered 
                official shall give priority to eligible applicants that 
                did not have an unresolved audit finding during the 3 
                fiscal

[[Page 132 STAT. 5260]]

                years before submitting an application for the covered 
                grant.
                    (E) Reimbursement.--If an entity is awarded funds 
                under a covered grant during the 2-fiscal-year period 
                during which the entity is barred from receiving covered 
                grants under subparagraph (C), a covered official 
                shall--
                          (i) deposit an amount equal to the amount of 
                      the grant funds that were improperly awarded to 
                      the grantee into the General Fund of the Treasury; 
                      and
                          (ii) seek to recoup the costs of the repayment 
                      to the fund from the recipient of the covered 
                      grant that was erroneously awarded grant funds.
            (2) Nonprofit organization requirements.--
                    (A) Definition.--For purposes of this paragraph and 
                each covered grant program, the term ``nonprofit 
                organization'' means an organization that is described 
                in section 501(c)(3) of the Internal Revenue Code of 
                1986 and is exempt from taxation under section 501(a) of 
                such Code.
                    (B) Prohibition.--A covered grant may not be awarded 
                to a nonprofit organization that holds money in offshore 
                accounts for the purpose of avoiding paying the tax 
                described in section 511(a) of the Internal Revenue Code 
                of 1986.
                    (C) Disclosure.--Each nonprofit organization that is 
                awarded a covered grant and uses the procedures 
                prescribed in regulations to create a rebuttable 
                presumption of reasonableness for the compensation of 
                its officers, directors, trustees, and key employees, 
                shall disclose to the applicable covered official, in 
                the application for the covered grant, the process for 
                determining such compensation, including the independent 
                persons involved in reviewing and approving such 
                compensation, the comparability data used, and 
                contemporaneous substantiation of the deliberation and 
                decision. Upon request, a covered official shall make 
                the information disclosed under this subparagraph 
                available for public inspection.
            (3) Conference expenditures.--
                    (A) Limitation.--No amounts made available to a 
                covered agency to carry out a covered grant program may 
                be used by a covered official, or by any individual or 
                entity awarded discretionary funds through a cooperative 
                agreement under a covered grant program, to host or 
                support any expenditure for conferences that uses more 
                than $20,000 in funds made available by the covered 
                agency, unless the covered official provides prior 
                written authorization that the funds may be expended to 
                host the conference.
                    (B) Written approval.-- <<NOTE: Cost 
                estimate.>> Written approval under subparagraph (A) 
                shall include a written estimate of all costs associated 
                with the conference, including the cost of all food, 
                beverages, audio-visual equipment, honoraria for 
                speakers, and entertainment.
                    (C) Report.--
                          (i) Department of justice.--The Deputy 
                      Attorney General shall submit an annual report to 
                      the appropriate committees of Congress on all 
                      conference expenditures approved under this 
                      paragraph.

[[Page 132 STAT. 5261]]

                          (ii) Department of health and human 
                      services.--The Deputy Secretary of Health and 
                      Human Services shall submit to the appropriate 
                      committees of Congress an annual report on all 
                      conference expenditures approved under this 
                      paragraph.
                          (iii) Department of homeland security.--The 
                      Deputy Secretary of Homeland Security shall submit 
                      to the appropriate committees of Congress an 
                      annual report on all conference expenditures 
                      approved under this paragraph.
            (4) Annual certification.-- <<NOTE: Effective 
        date.>> Beginning in the first fiscal year beginning after the 
        date of enactment of this Act, each covered official shall 
        submit to the appropriate committees of Congress an annual 
        certification--
                    (A) indicating whether--
                          (i) all audits issued by the Office of the 
                      Inspector General of the applicable covered agency 
                      under paragraph (1) have been completed and 
                      reviewed by the appropriate official;
                          (ii) all mandatory exclusions required under 
                      paragraph (1)(C) have been issued; and
                          (iii) all reimbursements required under 
                      paragraph (1)(E) have been made; and
                    (B) that includes a list of any recipients of a 
                covered grant excluded under paragraph (1) from the 
                previous year.

    (c) Preventing Duplicative Grants.--
            (1) In general.--Before a covered official awards a covered 
        grant, the covered official shall compare potential awards under 
        the covered grant program with other covered grants awarded to 
        determine if duplicate grant awards are awarded for the same 
        purpose.
            (2) Report.--If a covered official awards duplicate covered 
        grants to the same applicant for the same purpose the covered 
        official shall submit to the appropriate committees of Congress 
        a report that includes--
                    (A) <<NOTE: List.>>  a list of all duplicate covered 
                grants awarded, including the total dollar amount of any 
                duplicate covered grants awarded; and
                    (B) the reason the covered official awarded the 
                duplicate covered grants.
SEC. 23. HERO ACT IMPROVEMENTS.

    (a) In General.--Section 890A of the Homeland Security Act of 2002 
(6 U.S.C. 473) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``Homeland 
                Security Investigations,'' after ``Customs 
                Enforcement,''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Purpose.--The Center shall provide investigative 
        assistance, training, and equipment to support domestic and 
        international investigations of cyber-related crimes by the 
        Department.'';
            (2) in subsection (b)--
                    (A) in paragraph (2)(C), by inserting after 
                ``personnel'' the following: ``, which shall include 
                participating in training for Homeland Security 
                Investigations personnel

[[Page 132 STAT. 5262]]

                conducted by Internet Crimes Against Children Task 
                Forces''; and
                    (B) in paragraph (3)--
                          (i) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``in child 
                                exploitation investigations'' after 
                                ``Enforcement''; and
                                    (II) in clause (i), by inserting 
                                ``child'' before ``victims'';
                          (ii) in subparagraph (C), by inserting ``child 
                      exploitation'' after ``number of''; and
                          (iii) in subparagraph (D), by inserting 
                      ``child exploitation'' after ``number of''; and
            (3) in subsection (c)(2)--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i), by inserting ``and administer the Digital 
                Forensics and Document and Media Exploitation program'' 
                after ``forensics'';
                    (B) in subparagraph (C), by inserting ``and emerging 
                technologies'' after ``forensics''; and
                    (C) in subparagraph (D), by striking ``and the 
                National Association to Protect Children'' and inserting 
                ``, the National Association to Protect Children, and 
                other governmental entities''.

    (b) HERO Child-Rescue Corps.--Section 890A of the Homeland Security 
Act of 2002 (6 U.S.C. 473) is amended--
            (1) by redesignating subsection (e) as subsection (g);
            (2) by inserting after subsection (d) the following:

    ``(e) HERO Child-Rescue Corps.--
            ``(1) Establishment.--
                    ``(A) In general.-- <<NOTE: Collaboration.>> There 
                is established within the Center a Human Exploitation 
                Rescue Operation Child-Rescue Corps Program (referred to 
                in this section as the `HERO Child-Rescue Corps 
                Program'), which shall be a Department-wide program, in 
                collaboration with the Department of Defense and the 
                National Association to Protect Children.
                    ``(B) Private sector collaboration.--As part of the 
                HERO Child-Rescue Corps Program, the National 
                Association to Protect Children shall provide logistical 
                support for program participants.
            ``(2) Purpose.--The purpose of the HERO Child-Rescue Corps 
        Program shall be to recruit, train, equip, and employ members of 
        the Armed Forces on active duty and wounded, ill, and injured 
        veterans to combat and prevent child exploitation, including in 
        investigative, intelligence, analyst, inspection, and forensic 
        positions or any other positions determined appropriate by the 
        employing agency.
            ``(3) Functions.--The HERO Child-Rescue Program shall--
                    ``(A) provide, recruit, train, and equip 
                participants of the Program in the areas of digital 
                forensics, investigation, analysis, intelligence, and 
                victim identification, as determined by the Center and 
                the needs of the Department; and
                    ``(B) ensure that during the internship period, 
                participants of the Program are assigned to investigate 
                and analyze--

[[Page 132 STAT. 5263]]

                          ``(i) child exploitation;
                          ``(ii) child pornography;
                          ``(iii) unidentified child victims;
                          ``(iv) human trafficking;
                          ``(v) traveling child sex offenders; and
                          ``(vi) forced child labor, including the 
                      sexual exploitation of minors.

    ``(f) Paid Internship and Hiring Program.--
            ``(1) In general.--The Secretary shall establish a paid 
        internship and hiring program for the purpose of placing 
        participants of the HERO Child-Rescue Corps Program (in this 
        subsection referred to as `participants') into paid internship 
        positions, for the subsequent appointment of the participants to 
        permanent positions, as described in the guidelines promulgated 
        under paragraph (3).
            ``(2) Internship positions.--Under the paid internship and 
        hiring program required to be established under paragraph (1), 
        the Secretary shall assign or detail participants to positions 
        within United States Immigration and Customs Enforcement or any 
        other Federal agency in accordance with the guidelines 
        promulgated under paragraph (3).
            ``(3) Placement.--
                    ``(A) In general.-- <<NOTE: Guidelines.>> The 
                Secretary shall promulgate guidelines for assigning or 
                detailing participants to positions within United States 
                Immigration and Customs Enforcement and other Federal 
                agencies, which shall include requirements for 
                internship duties and agreements regarding the 
                subsequent appointment of the participants to permanent 
                positions.
                    ``(B) Preference.--The Secretary shall give a 
                preference to Homeland Security Investigations in 
                assignments or details under the guidelines promulgated 
                under subparagraph (A).
            ``(4) Term of internship.--An appointment to an internship 
        position under this subsection shall be for a term not to exceed 
        12 months.
            ``(5) Rate and term of pay.--After completion of initial 
        group training and upon beginning work at an assigned office, a 
        participant appointed to an internship position under this 
        subsection who is not receiving monthly basic pay as a member of 
        the Armed Forces on active duty shall receive compensation at a 
        rate that is--
                    ``(A) not less than the minimum rate of basic pay 
                payable for a position at level GS-5 of the General 
                Schedule; and
                    ``(B) not more than the maximum rate of basic pay 
                payable for a position at level GS-7 of the General 
                Schedule.
            ``(6) Eligibility.--In establishing the paid internship and 
        hiring program required under paragraph (1), the Secretary shall 
        ensure that the eligibility requirements for participation in 
        the internship program are the same as the eligibility 
        requirements for participation in the HERO Child-Rescue Corps 
        Program.
            ``(7) Hero corps hiring.--The Secretary shall establish 
        within Homeland Security Investigations positions, which shall 
        be in addition to any positions in existence on the date of

[[Page 132 STAT. 5264]]

        enactment of this subsection, for the hiring and permanent 
        employment of graduates of the paid internship program required 
        to be established under paragraph (1).''; and
            (3) in subsection (g), as so redesignated--
                    (A) by striking ``There are authorized'' and 
                inserting the following:
            ``(1) In general.--There are authorized''; and
                    (B) by adding at the end the following:
            ``(2) Allocation.--Of the amount made available pursuant to 
        paragraph (1) in each of fiscal years 2019 through 2022, not 
        more than $10,000,000 shall be used to carry out subsection (e) 
        and not less than $2,000,000 shall be used to carry out 
        subsection (f).''.

    (c) Technical and Conforming Amendment.--Section 302 of the HERO Act 
of 2015 <<NOTE: 6 USC 187.>>  (Public Law 114-22; 129 Stat. 255) is 
amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).

    Approved December 21, 2018.

LEGISLATIVE HISTORY--S. 1311:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    Sept. 11, considered and passed 
                                        Senate.
                                                        Vol. 164 (2018):
                                    Sept. 28, considered and passed 
                                        House, amended.
                                    Dec. 17, Senate concurred in House 
                                        amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
            Dec. 21, Presidential statement.

                                  <all>