[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1311 Engrossed in Senate (ES)]

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115th CONGRESS
  1st Session
                                S. 1311

_______________________________________________________________________

                                 AN ACT


 
  To provide assistance in abolishing human trafficking in the United 
                                States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) 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. Implementing a victim-centered approach to human trafficking.
Sec. 7. Direct services for child victims of human trafficking.
Sec. 8. Holistic training for Federal law enforcement officers and 
                            prosecutors.
Sec. 9. Best practices in delivering justice for victims of 
                            trafficking.
Sec. 10. Improving the national strategy to combat human trafficking.
Sec. 11. Specialized human trafficking training and technical 
                            assistance for service providers.
Sec. 12. Enhanced penalties for human trafficking, child exploitation, 
                            and repeat offenders.
Sec. 13. Targeting organized human trafficking perpetrators.
Sec. 14. Investigating complex human trafficking networks.
Sec. 15. Combating sex tourism.
Sec. 16. Human Trafficking Justice Coordinators.
Sec. 17. Interagency Task Force to Monitor and Combat Human 
                            Trafficking.
Sec. 18. Additional reporting on crime.
Sec. 19. Making the Presidential Survivor Council permanent.
Sec. 20. Strengthening the national human trafficking hotline.
Sec. 21. Ending Government partnerships with the commercial sex 
                            industry.
Sec. 22. Understanding the effects of severe forms of trafficking in 
                            persons.
Sec. 23. Combating trafficking in persons.
Sec. 24. Grant accountability.
Sec. 25. 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, 2023'';
            (2) in subsection (e)(1), in the matter preceding 
        subparagraph (A), by striking ``2019'' and inserting ``2023'';
            (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. Mandatory restitution
    ``(a) 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) 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) 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) 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, 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 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. VICTIM PROTECTION TRAINING FOR THE DEPARTMENT OF HOMELAND 
              SECURITY.

    ``(a) Directive to DHS Law Enforcement Officials and Task Forces.--
            ``(1) 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) 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) 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--
                            ``(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 
                        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. IMPLEMENTING A VICTIM-CENTERED APPROACH TO HUMAN TRAFFICKING.

    Section 107(b)(2) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7105(b)(2)) is amended--
            (1) in subparagraph (B)(ii); by striking the period at the 
        end and inserting ``; and''; and
            (2) by adding at the end the following:
                    ``(D) Priority.--In selecting recipients of grants 
                under this paragraph that are only available for law 
                enforcement operations or task forces, the Attorney 
                General may give priority to any applicant that files 
                an attestation with the Attorney General stating that--
                            ``(i) the grant funds--
                                    ``(I) will be used to assist in the 
                                prevention of severe forms of 
                                trafficking in persons in accordance 
                                with Federal law;
                                    ``(II) will be used to strengthen 
                                efforts to investigate and prosecute 
                                those who knowingly benefit financially 
                                from participation in a venture that 
                                has engaged in any act of human 
                                trafficking;
                                    ``(III) will be used to take 
                                affirmative measures to avoid 
                                arresting, charging, or prosecuting 
                                victims of human trafficking for any 
                                offense that is the direct result of 
                                their victimization; and
                                    ``(IV) will not be used to require 
                                a victim of human trafficking to 
                                collaborate with law enforcement 
                                officers as a condition of access to 
                                any shelter or restorative services; 
                                and
                            ``(ii) the applicant will provide dedicated 
                        resources for anti-human trafficking law 
                        enforcement for a period that is longer than 
                        the duration of the grant received under this 
                        paragraph.''.

SEC. 7. DIRECT SERVICES FOR CHILD VICTIMS OF HUMAN TRAFFICKING.

    Section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13002(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. 8. HOLISTIC TRAINING FOR FEDERAL LAW ENFORCEMENT OFFICERS AND 
              PROSECUTORS.

    All training required under the Combat Human Trafficking Act of 
2015 (42 U.S.C. 14044g) 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. 9. BEST PRACTICES IN DELIVERING JUSTICE FOR VICTIMS OF 
              TRAFFICKING.

    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--
            (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. 10. IMPROVING THE NATIONAL STRATEGY TO COMBAT HUMAN TRAFFICKING.

    Section 606(b) of the Justice for Victims of Trafficking Act of 
2015 (42 U.S.C. 14044h(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. 11. 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 (42 U.S.C. 14044f) 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;
                    (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. 12. 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. 13. 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)''.

SEC. 14. 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. 15. 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. 16. HUMAN TRAFFICKING JUSTICE COORDINATORS.

    Section 606 of the Justice for Victims of Trafficking Act of 2015 
(42 U.S.C. 14044h) 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.--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
            ``(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) 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) 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. 17. 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. 18. 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;
            (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. 19. MAKING THE PRESIDENTIAL SURVIVOR COUNCIL PERMANENT.

    Section 115 of the Justice for Victims of Trafficking Act of 2015 
(Public Law 114-22; 129 Stat. 243) is amended by striking subsection 
(h).

SEC. 20. 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. 21. 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. 22. 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.--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 options should be tailored to 
address the unique needs and barriers associated with these victims.
    ``(b) Report.--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. 23. COMBATING TRAFFICKING IN PERSONS.

    (a) Trafficking Victims Prevention Act of 2000 Programs.--Section 
113 of the Trafficking Victims Prevention Act of 2000 (22 U.S.C. 7110) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``2014 through 
                2017'' and inserting ``2018 through 2022.''; and
                    (B) in paragraph (2), by striking ``2014 through 
                2017'' and inserting ``2018 through 2022''; and
            (2) in subsection (i), by striking ``2014 through 2017'' 
        and inserting ``2018 through 2022''.
    (b) Reinstatement and Reauthorization of Grants To Combat Child Sex 
Trafficking.--
            (1) Reinstatement of expired provision.--
                    (A) In general.--Section 202 of the Trafficking 
                Victims Protection Reauthorization Act of 2005 (42 
                U.S.C. 14044a) is amended to read as such section read 
                on March 6, 2017.
                    (B) Conforming amendment.--Section 1241(b) of the 
                Violence Against Women Reauthorization Act of 2013 (42 
                U.S.C. 14044a note) is repealed.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect as though enacted on March 6, 2017.
            (3) Reauthorization.--Section 202(i) of the Trafficking 
        Victims Protection Reauthorization Act of 2005, as amended by 
        paragraph (1), is amended to read as follows:
    ``(i) Funding.--For each of the fiscal years 2018 through 2022, the 
Attorney General is authorized to allocate up to $8,000,000 of the 
amounts appropriated pursuant to section 113(d)(1) of the Trafficking 
Victims Prevention Act of 2000 (22 U.S.C. 7110(d)(1)) to carry out this 
section.''.

SEC. 24. 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) 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.--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 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 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.--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.
                            (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.--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) 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. 25. 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 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.--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--
                            ``(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.--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 
        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 2018 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 (Public Law 114-22; 129 Stat. 255) is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).

            Passed the Senate September 11, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                S. 1311

_______________________________________________________________________

                                 AN ACT

  To provide assistance in abolishing human trafficking in the United 
                                States.