[Congressional Record Volume 164, Number 161 (Friday, September 28, 2018)]
[House]
[Pages H9373-H9381]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ABOLISH HUMAN TRAFFICKING ACT OF 2017
Mr. MARINO. Mr. Speaker, I ask unanimous consent that the Committee
on the Judiciary, Committee on Foreign Affairs, Committee on Energy and
Commerce, and Committee on Homeland Security be discharged from further
consideration of the bill (S. 1311) to provide assistance in abolishing
human trafficking in the United States, and ask for its immediate
consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The text of the bill is as follows:
S. 1311
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.--
[[Page H9374]]
``(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
[[Page H9375]]
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:
[[Page H9376]]
``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.'';
[[Page H9377]]
(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).
Amendment Offered by Mr. Marino
Mr. MARINO. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:
Strike all that follows after the enacting clause and
insert the following:
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. 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'';
(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
[[Page H9378]]
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. 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. 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. 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. 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;
[[Page H9379]]
``(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. 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)''.
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.--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. 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;
(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--
[[Page H9380]]
(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. 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.--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. 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. 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. 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
[[Page H9381]]
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 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 (Public Law 114-22; 129 Stat. 255) is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
Mr. MARINO (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading of the amendment.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The amendment was agreed to.
The bill was ordered to be read a third time, was read the third
time, and passed, and a motion to reconsider was laid on the table.
____________________