[115th Congress Public Law 392]
[From the U.S. Government Publishing Office]
[[Page 5249]]
ABOLISH HUMAN TRAFFICKING ACT OF 2017
[[Page 132 STAT. 5250]]
Public Law 115-392
115th Congress
An Act
To provide assistance in abolishing human trafficking in the United
States. <<NOTE: Dec. 21, 2018 - [S. 1311]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Abolish Human
Trafficking Act of 2017.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 18 USC 1 note.>> Short Title.--This Act may be cited as
the ``Abolish Human Trafficking Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Preserving Domestic Trafficking Victims' Fund.
Sec. 3. Mandatory restitution for victims of commercial sexual
exploitation.
Sec. 4. Victim-witness assistance in sexual exploitation cases.
Sec. 5. Victim protection training for the Department of Homeland
Security.
Sec. 6. Direct services for child victims of human trafficking.
Sec. 7. Holistic training for Federal law enforcement officers and
prosecutors.
Sec. 8. Best practices in delivering justice for victims of trafficking.
Sec. 9. Improving the national strategy to combat human trafficking.
Sec. 10. Specialized human trafficking training and technical assistance
for service providers.
Sec. 11. Enhanced penalties for human trafficking, child exploitation,
and repeat offenders.
Sec. 12. Targeting organized human trafficking perpetrators.
Sec. 13. Investigating complex human trafficking networks.
Sec. 14. Combating sex tourism.
Sec. 15. Human Trafficking Justice Coordinators.
Sec. 16. Interagency Task Force to Monitor and Combat Human Trafficking.
Sec. 17. Additional reporting on crime.
Sec. 18. Strengthening the national human trafficking hotline.
Sec. 19. Ending Government partnerships with the commercial sex
industry.
Sec. 20. Understanding the effects of severe forms of trafficking in
persons.
Sec. 21. Combating trafficking in persons.
Sec. 22. Grant accountability.
Sec. 23. HERO Act improvements.
SEC. 2. PRESERVING DOMESTIC TRAFFICKING VICTIMS' FUND.
(a) Sense of Congress.--It is the sense of Congress that the
Domestic Trafficking Victims' Fund established under section 3014 of
title 18, United States Code--
(1) is intended to supplement, and not supplant, any other
funding for domestic trafficking victims; and
(2) has achieved the objective described in paragraph (1)
since the establishment of the Fund.
(b) Ensuring Full Funding.--Section 3014 of title 18, United States
Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``September 30, 2019'' and inserting
``September 30, 2021'';
(2) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``2019'' and inserting ``2023'';
[[Page 132 STAT. 5251]]
(3) in subsection (f), by inserting ``, including the
mandatory imposition of civil remedies for satisfaction of an
unpaid fine as authorized under section 3613, where
appropriate'' after ``criminal cases''; and
(4) in subsection (h)(3), by inserting ``and child victims
of a severe form of trafficking (as defined in section 103 of
the Victims of Trafficking and Violence Protection Act of 2000
(22 U.S.C. 7102))'' after ``child pornography victims''.
SEC. 3. MANDATORY RESTITUTION FOR VICTIMS OF COMMERCIAL SEXUAL
EXPLOITATION.
(a) Amendment.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2429. <<NOTE: 18 USC 2429.>> Mandatory restitution
``(a) <<NOTE: Courts.>> Notwithstanding section 3663 or 3663A, and
in addition to any other civil or criminal penalty authorized by law,
the court shall order restitution for any offense under this chapter.
``(b)(1) <<NOTE: Determination.>> The order of restitution under
this section shall direct the defendant to pay the victim (through the
appropriate court mechanism) the full amount of the victim's losses, as
determined by the court under paragraph (3), and shall additionally
require the defendant to pay the greater of the gross income or value to
the defendant of the victim's services, if the services constitute
commercial sex acts as defined under section 1591.
``(2) An order of restitution under this section shall be issued and
enforced in accordance with section 3664 in the same manner as an order
under section 3663A.
``(3) <<NOTE: Definition.>> As used in this subsection, the term
`full amount of the victim's losses' has the same meaning as provided in
section 2259(b)(3).
``(c) The forfeiture of property under this section shall be
governed by the provisions of section 413 (other than subsection (d) of
such section) of the Controlled Substances Act (21 U.S.C. 853).
``(d) <<NOTE: Definition.>> As used in this section, the term
`victim' means the individual harmed as a result of a crime under this
chapter, including, in the case of a victim who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal guardian of the
victim or a representative of the victim's estate, or another family
member, or any other person appointed as suitable by the court, but in
no event shall the defendant be named such representative or
guardian.''.
(b) Table of Sections.--The table of sections for chapter 117 of
title 18, United States Code, <<NOTE: 18 USC 2421 prec.>> is amended by
inserting after the item relating to section 2428 the following:
``2429. Mandatory restitution.''.
SEC. 4. VICTIM-WITNESS ASSISTANCE IN SEXUAL EXPLOITATION CASES.
(a) Availability of DOJ Appropriations.--Section 524(c)(1)(B) of
title 28, United States Code, is amended by inserting ``, chapter 110 of
title 18'' after ``chapter 77 of title 18''.
(b) Amendment to Title 31.--Section 9705(a)(2)(B)(v) of title 31,
United States Code, is amended by inserting ``, chapter 109A of title 18
(relating to sexual abuse), chapter 110 of title 18 (relating to child
sexual exploitation), or chapter 117 of title 18 (relating
[[Page 132 STAT. 5252]]
to transportation for illegal sexual activity and related crimes)''
after ``(relating to human trafficking)''.
SEC. 5. VICTIM PROTECTION TRAINING FOR THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--Title IX of the Justice for Victims of Trafficking
Act of 2015 (6 U.S.C. 641 et seq.) is amended by adding at the end the
following:
``SEC. 906. <<NOTE: 6 USC 645.>> VICTIM PROTECTION TRAINING FOR
THE DEPARTMENT OF HOMELAND SECURITY.
``(a) Directive to DHS Law Enforcement Officials and Task Forces.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this section, the Secretary
shall issue a directive to--
``(A) all Federal law enforcement officers and
relevant personnel employed by the Department who may be
involved in the investigation of human trafficking
offenses; and
``(B) members of all task forces led by the
Department that participate in the investigation of
human trafficking offenses.
``(2) Required instructions.--The directive required to be
issued under paragraph (1) shall include instructions on--
``(A) the investigation of individuals who patronize
or solicit human trafficking victims as being engaged in
severe trafficking in persons and how such individuals
should be investigated for their roles in severe
trafficking in persons; and
``(B) how victims of sex or labor trafficking often
engage in criminal acts as a direct result of severe
trafficking in persons and such individuals are victims
of a crime and affirmative measures should be taken to
avoid arresting, charging, or prosecuting such
individuals for any offense that is the direct result of
their victimization.
``(b) Victim Screening Protocol.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this section, the Secretary
shall issue a screening protocol for use during all anti-
trafficking law enforcement operations in which the Department
is involved.
``(2) Requirements.--The protocol required to be issued
under paragraph (1) shall--
``(A) require the individual screening of all adults
and children who are suspected of engaging in commercial
sex acts, child labor that is a violation of law, or
work in violation of labor standards to determine
whether each individual screened is a victim of human
trafficking;
``(B) require affirmative measures to avoid
arresting, charging, or prosecuting human trafficking
victims for any offense that is the direct result of
their victimization;
``(C) <<NOTE: Consultation.>> be developed in
consultation with relevant interagency partners and
nongovernmental organizations that specialize in the
prevention of human trafficking or in the identification
and support of victims of human trafficking and
survivors of human trafficking; and
``(D) include--
[[Page 132 STAT. 5253]]
``(i) <<NOTE: Procedures.>> procedures and
practices to ensure that the screening process
minimizes trauma or revictimization of the person
being screened; and
``(ii) <<NOTE: Guidelines.>> guidelines on
assisting victims of human trafficking in
identifying and receiving restorative services.
``(c) Mandatory Training.--The training described in sections 902
and 904 shall include training necessary to implement--
``(1) the directive required under subsection (a); and
``(2) the protocol required under subsection (b).''.
(b) Table of Contents Amendment.--The table of contents in section
1(b) of the Justice for Victims of Trafficking Act of 2015 (Public Law
114-22; 129 Stat. 227) is amended by inserting after the item relating
to section 905 the following:
``Sec. 906. Victim protection training for the Department of Homeland
Security.''.
SEC. 6. DIRECT SERVICES FOR CHILD VICTIMS OF HUMAN TRAFFICKING.
Section 214(b) of the Victims of Child Abuse Act of 1990 (34 U.S.C.
20304(b)) is amended--
(1) in the heading by inserting ``Child Victims of a Severe
Form of Trafficking in Persons and'' before ``Victims of Child
Pornography''; and
(2) by inserting ``victims of a severe form of trafficking
(as defined in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102(9)(A))) who were under the age of 18
at the time of the offense and'' before ``victims of child
pornography''.
SEC. 7. <<NOTE: 34 USC 20709a.>> HOLISTIC TRAINING FOR FEDERAL
LAW ENFORCEMENT OFFICERS AND PROSECUTORS.
All training required under the Combat Human Trafficking Act of 2015
(34 U.S.C. 20709) and section 105(c)(4) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(c)(4)) shall--
(1) emphasize that an individual who knowingly solicits or
patronizes a commercial sex act from a person who was a minor
(consistent with section 1591(c) of title 18, United States
Code) or was subject to force, fraud, or coercion is guilty of
an offense under chapter 77 of title 18, United States Code, and
is a party to a human trafficking offense;
(2) develop specific curriculum for--
(A) under appropriate circumstances, arresting and
prosecuting buyers of commercial sex, child labor that
is a violation of law, or forced labor as a form of
primary prevention; and
(B) investigating and prosecuting individuals who
knowingly benefit financially from participation in a
venture that has engaged in any act of human
trafficking; and
(3) specify that any comprehensive approach to eliminating
human trafficking shall include a demand reduction component.
SEC. 8. <<NOTE: 37 USC 20701 note.>> BEST PRACTICES IN DELIVERING
JUSTICE FOR VICTIMS OF TRAFFICKING.
<<NOTE: Deadline. Guidance.>> Not later than 180 days after the
date of enactment of this Act, the Attorney General shall issue guidance
to all offices and components of the Department of Justice--
[[Page 132 STAT. 5254]]
(1) emphasizing that an individual who knowingly solicits or
patronizes a commercial sex act from a person who was a minor
(consistent with section 1591(c) of title 18, United States
Code) or was subject to force, fraud, or coercion is guilty of
an offense under chapter 77 of title 18, United States Code, and
is a party to a severe form of trafficking in persons, as that
term is defined in section 103(9) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(9));
(2) recommending and implementing best practices for the
collection of special assessments under section 3014 of title
18, United States Code, as added by section 101 of the Justice
for Victims of Trafficking Act of 2015 (Public Law 114-22; 129
Stat. 228), including a directive that civil liens are an
authorized collection method and remedy under section 3613 of
title 18, United States Code; and
(3) clarifying that commercial sexual exploitation is a form
of gender-based violence.
SEC. 9. IMPROVING THE NATIONAL STRATEGY TO COMBAT HUMAN
TRAFFICKING.
Section 606(b) of the Justice for Victims of Trafficking Act of 2015
(34 U.S.C. 20711(b)) is amended by adding at the end the following:
``(6) A national strategy to prevent human trafficking and
reduce demand for human trafficking victims.''.
SEC. 10. SPECIALIZED HUMAN TRAFFICKING TRAINING AND TECHNICAL
ASSISTANCE FOR SERVICE PROVIDERS.
(a) In General.--Section 111 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20708) is
amended--
(1) in the heading, by striking ``law enforcement training
programs'' and inserting ``specialized human trafficking
training and technical assistance for service providers'';
(2) in subsection (a)(2), by striking ``means a State or a
local government.'' and inserting the following: ``means--
``(A) a State or unit of local government;
``(B) a federally recognized Indian tribal
government, as determined by the Secretary of the
Interior;
``(C) a victim service provider;
``(D) a nonprofit or for-profit organization
(including a tribal nonprofit or for-profit
organization);
``(E) a national organization; or
``(F) an institution of higher education (including
tribal institutions of higher education).'';
(3) by striking subsection (b) and inserting the following:
``(b) Grants Authorized.--The Attorney General may award grants to
eligible entities to--
``(1) provide training to identify and protect victims of
trafficking;
``(2) improve the quality and quantity of services offered
to trafficking survivors; and
``(3) improve victim service providers' partnerships with
Federal, State, tribal, and local law enforcement agencies and
other relevant entities.''; and
(4) in subsection (c)--
(A) in paragraph (2), by striking ``or'' at the end;
[[Page 132 STAT. 5255]]
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by inserting after paragraph (3) the following:
``(4) provide technical assistance on the range of services
available to victim service providers who serve trafficking
victims;
``(5) develop and distribute materials, including materials
identifying best practices in accordance with Federal law and
policies, to support victim service providers working with human
trafficking victims;
``(6) identify and disseminate other publicly available
materials in accordance with Federal law to help build capacity
of service providers;
``(7) provide training at relevant conferences, through
webinars, or through other mechanisms in accordance with Federal
law; or
``(8) assist service providers in developing additional
resources such as partnerships with Federal, State, tribal, and
local law enforcement agencies and other relevant entities in
order to access a range of available services in accordance with
Federal law.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 2 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 2960) is
amended by striking the item relating to section 111 and inserting the
following:
``Sec. 111. Grants for specialized human trafficking training and
technical assistance for service providers.''.
SEC. 11. ENHANCED PENALTIES FOR HUMAN TRAFFICKING, CHILD
EXPLOITATION, AND REPEAT OFFENDERS.
Part I of title 18, United States Code, is amended--
(1) in chapter 77--
(A) in section 1583(a), in the flush text following
paragraph (3), by striking ``not more than 20 years''
and inserting ``not more than 30 years'';
(B) in section 1587, by striking ``four years'' and
inserting ``10 years''; and
(C) in section 1591(d), by striking ``20 years'' and
inserting ``25 years''; and
(2) in section 2426--
(A) in subsection (a), by striking ``twice'' and
inserting ``3 times''; and
(B) in subsection (b)(1)(B) by striking ``paragraph
(1)'' and inserting ``subparagraph (A)''.
SEC. 12. TARGETING ORGANIZED HUMAN TRAFFICKING PERPETRATORS.
Section 521(c) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(3) a Federal offense involving human trafficking, sexual
abuse, sexual exploitation, or transportation for prostitution
or any illegal sexual activity; and''; and
(4) in paragraph (4), as so redesignated, by striking ``(1)
or (2)'' and inserting ``(1), (2), or (3)''.
[[Page 132 STAT. 5256]]
SEC. 13. INVESTIGATING COMPLEX HUMAN TRAFFICKING NETWORKS.
Section 2516 of title 18, United States Code, is amended--
(1) in subsection (1)(c)--
(A) by inserting ``section 1582 (vessels for slave
trade), section 1583 (enticement into slavery),'' after
``section 1581 (peonage),''; and
(B) by inserting ``section 1585 (seizure, detention,
transportation or sale of slaves), section 1586 (service
on vessels in slave trade), section 1587 (possession of
slaves aboard vessel), section 1588 (transportation of
slaves from United States),'' after ``section 1584
(involuntary servitude),''; and
(2) in subsection (2)--
(A) by striking ``kidnapping human'' and inserting
``kidnapping, human''; and
(B) by striking ``production, ,'' and inserting
``production, prostitution,''.
SEC. 14. COMBATING SEX TOURISM.
Section 2423 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``for the purpose'' and
inserting ``with a motivating purpose''; and
(2) in subsection (d), by striking ``for the purpose of
engaging'' and inserting ``with a motivating purpose of
engaging''.
SEC. 15. HUMAN TRAFFICKING JUSTICE COORDINATORS.
Section 606 of the Justice for Victims of Trafficking Act of 2015
(34 U.S.C. 20711) is amended--
(1) in subsection (b)(1)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(2) by adding at the end the following:
``(c) Human Trafficking Justice Coordinators.--
<<NOTE: Designation.>> The Attorney General shall designate in each
Federal judicial district not less than 1 assistant United States
attorney to serve as the Human Trafficking Coordinator for the district
who, in addition to any other responsibilities, works with a human
trafficking victim-witness specialist and shall be responsible for--
``(1) implementing the National Strategy with respect to all
forms of human trafficking, including labor trafficking and sex
trafficking;
``(2) prosecuting, or assisting in the prosecution of, human
trafficking cases;
``(3) conducting public outreach and awareness activities
relating to human trafficking;
``(4) ensuring the collection of data required to be
collected under clause (viii) of section 105(d)(7)(Q) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(d)(7)(Q)), as added by section 17 of the Abolish Human
Trafficking Act of 2017, is sought;
``(5) coordinating with other Federal agencies, State,
tribal, and local law enforcement agencies, victim service
providers, and other relevant non-governmental organizations to
build partnerships on activities relating to human trafficking;
and
[[Page 132 STAT. 5257]]
``(6) ensuring the collection of restitution for victims is
sought as required to be ordered under section 1593 of title 18,
United States Code, and section 2429 of such title, as added by
section 3 of the Abolish Human Trafficking Act of 2017.
``(d) <<NOTE: Deadline. Designation.>> Department of Justice
Coordinator.--Not later than 60 days after the date of enactment of the
Abolish Human Trafficking Act of 2017, the Attorney General shall
designate an official who shall coordinate human trafficking efforts
within the Department of Justice who, in addition to any other
responsibilities, shall be responsible for--
``(1) coordinating, promoting, and supporting the work of
the Department of Justice relating to human trafficking,
including investigation, prosecution, training, outreach, victim
support, grant-making, and policy activities;
``(2) <<NOTE: Consultation.>> in consultation with
survivors of human trafficking, or anti-human trafficking
organizations, producing and disseminating, including making
publicly available when appropriate, replication guides and
training materials for law enforcement officers, prosecutors,
judges, emergency responders, individuals working in victim
services, adult and child protective services, social services,
and public safety, medical personnel, mental health personnel,
financial services personnel, and any other individuals whose
work may bring them in contact with human trafficking regarding
how to--
``(A) identify signs of human trafficking;
``(B) conduct investigations in human trafficking
cases;
``(C) address evidentiary issues and other legal
issues; and
``(D) appropriately assess, respond to, and interact
with victims and witnesses in human trafficking cases,
including in administrative, civil, and criminal
judicial proceedings; and
``(3) carrying out such other duties as the Attorney General
determines necessary in connection with enhancing the
understanding, prevention, and detection of, and response to,
human trafficking.''.
SEC. 16. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT HUMAN
TRAFFICKING.
Section 105(d)(7)(Q) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7103(d)(7)(Q)) is amended--
(1) in clause (vi), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(viii) the number of convictions obtained
under chapter 77 of title 18, United States Code,
aggregated separately by the form of offense
committed with respect to the victim, including
recruiting, enticing, harboring, transporting,
providing, obtaining, advertising, maintaining,
patronizing, or soliciting a human trafficking
victim; and''.
SEC. 17. ADDITIONAL REPORTING ON CRIME.
Section 237(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (28 U.S.C. 534 note) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
[[Page 132 STAT. 5258]]
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) incidents of assisting or promoting prostitution,
child labor that is a violation of law, or forced labor of an
individual under the age of 18 as described in paragraph (1);
and
``(5) incidents of purchasing or soliciting commercial sex
acts, child labor that is a violation of law, or forced labor
with an individual under the age of 18 as described in paragraph
(2).''.
SEC. 18. STRENGTHENING THE NATIONAL HUMAN TRAFFICKING HOTLINE.
(a) Reporting Requirement.--Section 105(d)(3) of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(3))
is amended--
(1) by inserting ``and providing an annual report on the
case referrals received from the national human trafficking
hotline by Federal departments and agencies'' after
``international trafficking''; and
(2) by inserting ``and reporting requirements'' after ``Any
data collection procedures''.
(b) Hotline Information.--Section 107(b)(1)(B)(ii) of such Act (22
U.S.C. 7105(b)(1)(B)(ii)) is amended by adding at the end the following:
``The number of the national human trafficking hotline described in this
clause shall be posted in a visible place in all Federal buildings.''.
SEC. 19. <<NOTE: 34 USC 20701 note.>> ENDING GOVERNMENT
PARTNERSHIPS WITH THE COMMERCIAL SEX
INDUSTRY.
No Federal funds or resources may be used for the operation of,
participation in, or partnership with any program that involves the
provision of funding or resources to an organization that--
(1) has the primary purpose of providing adult
entertainment; and
(2) derives profits from the commercial sex trade.
SEC. 20. UNDERSTANDING THE EFFECTS OF SEVERE FORMS OF TRAFFICKING
IN PERSONS.
(a) In General.--Title VI of the Justice for Victims of Trafficking
Act of 2015 (Public Law 114-22; 129 Stat. 258) is amended by adding at
the end the following:
``SEC. 607. UNDERSTANDING THE PHYSICAL AND PSYCHOLOGICAL EFFECTS
OF SEVERE FORMS OF TRAFFICKING IN PERSONS.
``(a) In General.-- <<NOTE: Study.>> The National Institute of
Justice and the Centers for Disease Control and Prevention shall jointly
conduct a study on the short-term and long-term physical and
psychological effects of serious harm (as that term is defined in
section 1589(c)(2) and section 1591(e)(4) of title 18, United States
Code, as amended by the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5044)) in order to determine the most effective types of services for
individuals who are identified as victims of these crimes, including
victims in cases that were not investigated or prosecuted by any law
enforcement agency, and how new or current treatment and programming
[[Page 132 STAT. 5259]]
options should be tailored to address the unique needs and barriers
associated with these victims.
``(b) Report.-- <<NOTE: Public information. Recommenda-tions.>> Not
later than 3 years after the date of enactment of the Abolish Human
Trafficking Act of 2017, the National Institute of Justice and the
Centers for Disease Control and Prevention shall make available to the
public the results, including any associated recommendations, of the
study conducted under subsection (a).''.
(b) Table of Contents Amendment.--The table of contents in section
1(b) of the Justice for Victims of Trafficking Act of 2015 (Public Law
114-22; 129 Stat. 227) is amended by inserting after the item relating
to section 606 the following:
``Sec. 607. Understanding the physical and psychological effects of
severe forms of trafficking in persons.''.
SEC. 21. COMBATING TRAFFICKING IN PERSONS.
Section 113 of the Trafficking Victims Prevention Act of 2000 (22
U.S.C. 7110) is amended--
(1) in subsection (b)(2), by striking ``2014 through 2017''
and inserting ``2018 through 2021''; and
(2) in subsection (i), by striking ``2014 through 2017'' and
inserting ``2018 through 2021''.
SEC. 22. <<NOTE: 34 USC 20704 note.>> GRANT ACCOUNTABILITY.
(a) Definitions.--In this section--
(1) the term ``covered agency'' means an agency authorized
to award grants under this Act;
(2) the term ``covered grant'' means a grant authorized to
be awarded under this Act; and
(3) the term ``covered official'' means the head of a
covered agency.
(b) Accountability.--All covered grants shall be subject to the
following accountability provisions:
(1) <<NOTE: Time periods.>> Audit requirement.--
(A) Definition.--In this paragraph, the term
``unresolved audit finding'' means a finding in the
final audit report of the Inspector General of a covered
agency that the audited grantee has utilized funds under
a covered grant for an unauthorized expenditure or
otherwise unallowable cost that is not closed or
resolved within 12 months from the date when the final
audit report is issued.
(B) Audits <<NOTE: Effective date.>> .--Beginning in
the first fiscal year beginning after the date of
enactment of this Act, and in each fiscal year
thereafter, the Inspector General of a covered agency
shall conduct audits of recipients of covered grants to
prevent waste, fraud, and abuse of funds by grantees.
The Inspector <<NOTE: Determination.>> General shall
determine the appropriate number of grantees to be
audited each year.
(C) Mandatory exclusion.--A recipient of funds under
a covered grant that is found to have an unresolved
audit finding shall not be eligible to receive funds
under a covered grant during the first 2 fiscal years
beginning after the end of the 12-month period described
in subparagraph (A).
(D) Priority.--In awarding covered grants, a covered
official shall give priority to eligible applicants that
did not have an unresolved audit finding during the 3
fiscal
[[Page 132 STAT. 5260]]
years before submitting an application for the covered
grant.
(E) Reimbursement.--If an entity is awarded funds
under a covered grant during the 2-fiscal-year period
during which the entity is barred from receiving covered
grants under subparagraph (C), a covered official
shall--
(i) deposit an amount equal to the amount of
the grant funds that were improperly awarded to
the grantee into the General Fund of the Treasury;
and
(ii) seek to recoup the costs of the repayment
to the fund from the recipient of the covered
grant that was erroneously awarded grant funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this paragraph and
each covered grant program, the term ``nonprofit
organization'' means an organization that is described
in section 501(c)(3) of the Internal Revenue Code of
1986 and is exempt from taxation under section 501(a) of
such Code.
(B) Prohibition.--A covered grant may not be awarded
to a nonprofit organization that holds money in offshore
accounts for the purpose of avoiding paying the tax
described in section 511(a) of the Internal Revenue Code
of 1986.
(C) Disclosure.--Each nonprofit organization that is
awarded a covered grant and uses the procedures
prescribed in regulations to create a rebuttable
presumption of reasonableness for the compensation of
its officers, directors, trustees, and key employees,
shall disclose to the applicable covered official, in
the application for the covered grant, the process for
determining such compensation, including the independent
persons involved in reviewing and approving such
compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, a covered official shall make
the information disclosed under this subparagraph
available for public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts made available to a
covered agency to carry out a covered grant program may
be used by a covered official, or by any individual or
entity awarded discretionary funds through a cooperative
agreement under a covered grant program, to host or
support any expenditure for conferences that uses more
than $20,000 in funds made available by the covered
agency, unless the covered official provides prior
written authorization that the funds may be expended to
host the conference.
(B) Written approval.-- <<NOTE: Cost
estimate.>> Written approval under subparagraph (A)
shall include a written estimate of all costs associated
with the conference, including the cost of all food,
beverages, audio-visual equipment, honoraria for
speakers, and entertainment.
(C) Report.--
(i) Department of justice.--The Deputy
Attorney General shall submit an annual report to
the appropriate committees of Congress on all
conference expenditures approved under this
paragraph.
[[Page 132 STAT. 5261]]
(ii) Department of health and human
services.--The Deputy Secretary of Health and
Human Services shall submit to the appropriate
committees of Congress an annual report on all
conference expenditures approved under this
paragraph.
(iii) Department of homeland security.--The
Deputy Secretary of Homeland Security shall submit
to the appropriate committees of Congress an
annual report on all conference expenditures
approved under this paragraph.
(4) Annual certification.-- <<NOTE: Effective
date.>> Beginning in the first fiscal year beginning after the
date of enactment of this Act, each covered official shall
submit to the appropriate committees of Congress an annual
certification--
(A) indicating whether--
(i) all audits issued by the Office of the
Inspector General of the applicable covered agency
under paragraph (1) have been completed and
reviewed by the appropriate official;
(ii) all mandatory exclusions required under
paragraph (1)(C) have been issued; and
(iii) all reimbursements required under
paragraph (1)(E) have been made; and
(B) that includes a list of any recipients of a
covered grant excluded under paragraph (1) from the
previous year.
(c) Preventing Duplicative Grants.--
(1) In general.--Before a covered official awards a covered
grant, the covered official shall compare potential awards under
the covered grant program with other covered grants awarded to
determine if duplicate grant awards are awarded for the same
purpose.
(2) Report.--If a covered official awards duplicate covered
grants to the same applicant for the same purpose the covered
official shall submit to the appropriate committees of Congress
a report that includes--
(A) <<NOTE: List.>> a list of all duplicate covered
grants awarded, including the total dollar amount of any
duplicate covered grants awarded; and
(B) the reason the covered official awarded the
duplicate covered grants.
SEC. 23. HERO ACT IMPROVEMENTS.
(a) In General.--Section 890A of the Homeland Security Act of 2002
(6 U.S.C. 473) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``Homeland
Security Investigations,'' after ``Customs
Enforcement,''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Purpose.--The Center shall provide investigative
assistance, training, and equipment to support domestic and
international investigations of cyber-related crimes by the
Department.'';
(2) in subsection (b)--
(A) in paragraph (2)(C), by inserting after
``personnel'' the following: ``, which shall include
participating in training for Homeland Security
Investigations personnel
[[Page 132 STAT. 5262]]
conducted by Internet Crimes Against Children Task
Forces''; and
(B) in paragraph (3)--
(i) in subparagraph (B)--
(I) in the matter preceding clause
(i), by inserting ``in child
exploitation investigations'' after
``Enforcement''; and
(II) in clause (i), by inserting
``child'' before ``victims'';
(ii) in subparagraph (C), by inserting ``child
exploitation'' after ``number of''; and
(iii) in subparagraph (D), by inserting
``child exploitation'' after ``number of''; and
(3) in subsection (c)(2)--
(A) in subparagraph (A), in the matter preceding
clause (i), by inserting ``and administer the Digital
Forensics and Document and Media Exploitation program''
after ``forensics'';
(B) in subparagraph (C), by inserting ``and emerging
technologies'' after ``forensics''; and
(C) in subparagraph (D), by striking ``and the
National Association to Protect Children'' and inserting
``, the National Association to Protect Children, and
other governmental entities''.
(b) HERO Child-Rescue Corps.--Section 890A of the Homeland Security
Act of 2002 (6 U.S.C. 473) is amended--
(1) by redesignating subsection (e) as subsection (g);
(2) by inserting after subsection (d) the following:
``(e) HERO Child-Rescue Corps.--
``(1) Establishment.--
``(A) In general.-- <<NOTE: Collaboration.>> There
is established within the Center a Human Exploitation
Rescue Operation Child-Rescue Corps Program (referred to
in this section as the `HERO Child-Rescue Corps
Program'), which shall be a Department-wide program, in
collaboration with the Department of Defense and the
National Association to Protect Children.
``(B) Private sector collaboration.--As part of the
HERO Child-Rescue Corps Program, the National
Association to Protect Children shall provide logistical
support for program participants.
``(2) Purpose.--The purpose of the HERO Child-Rescue Corps
Program shall be to recruit, train, equip, and employ members of
the Armed Forces on active duty and wounded, ill, and injured
veterans to combat and prevent child exploitation, including in
investigative, intelligence, analyst, inspection, and forensic
positions or any other positions determined appropriate by the
employing agency.
``(3) Functions.--The HERO Child-Rescue Program shall--
``(A) provide, recruit, train, and equip
participants of the Program in the areas of digital
forensics, investigation, analysis, intelligence, and
victim identification, as determined by the Center and
the needs of the Department; and
``(B) ensure that during the internship period,
participants of the Program are assigned to investigate
and analyze--
[[Page 132 STAT. 5263]]
``(i) child exploitation;
``(ii) child pornography;
``(iii) unidentified child victims;
``(iv) human trafficking;
``(v) traveling child sex offenders; and
``(vi) forced child labor, including the
sexual exploitation of minors.
``(f) Paid Internship and Hiring Program.--
``(1) In general.--The Secretary shall establish a paid
internship and hiring program for the purpose of placing
participants of the HERO Child-Rescue Corps Program (in this
subsection referred to as `participants') into paid internship
positions, for the subsequent appointment of the participants to
permanent positions, as described in the guidelines promulgated
under paragraph (3).
``(2) Internship positions.--Under the paid internship and
hiring program required to be established under paragraph (1),
the Secretary shall assign or detail participants to positions
within United States Immigration and Customs Enforcement or any
other Federal agency in accordance with the guidelines
promulgated under paragraph (3).
``(3) Placement.--
``(A) In general.-- <<NOTE: Guidelines.>> The
Secretary shall promulgate guidelines for assigning or
detailing participants to positions within United States
Immigration and Customs Enforcement and other Federal
agencies, which shall include requirements for
internship duties and agreements regarding the
subsequent appointment of the participants to permanent
positions.
``(B) Preference.--The Secretary shall give a
preference to Homeland Security Investigations in
assignments or details under the guidelines promulgated
under subparagraph (A).
``(4) Term of internship.--An appointment to an internship
position under this subsection shall be for a term not to exceed
12 months.
``(5) Rate and term of pay.--After completion of initial
group training and upon beginning work at an assigned office, a
participant appointed to an internship position under this
subsection who is not receiving monthly basic pay as a member of
the Armed Forces on active duty shall receive compensation at a
rate that is--
``(A) not less than the minimum rate of basic pay
payable for a position at level GS-5 of the General
Schedule; and
``(B) not more than the maximum rate of basic pay
payable for a position at level GS-7 of the General
Schedule.
``(6) Eligibility.--In establishing the paid internship and
hiring program required under paragraph (1), the Secretary shall
ensure that the eligibility requirements for participation in
the internship program are the same as the eligibility
requirements for participation in the HERO Child-Rescue Corps
Program.
``(7) Hero corps hiring.--The Secretary shall establish
within Homeland Security Investigations positions, which shall
be in addition to any positions in existence on the date of
[[Page 132 STAT. 5264]]
enactment of this subsection, for the hiring and permanent
employment of graduates of the paid internship program required
to be established under paragraph (1).''; and
(3) in subsection (g), as so redesignated--
(A) by striking ``There are authorized'' and
inserting the following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Allocation.--Of the amount made available pursuant to
paragraph (1) in each of fiscal years 2019 through 2022, not
more than $10,000,000 shall be used to carry out subsection (e)
and not less than $2,000,000 shall be used to carry out
subsection (f).''.
(c) Technical and Conforming Amendment.--Section 302 of the HERO Act
of 2015 <<NOTE: 6 USC 187.>> (Public Law 114-22; 129 Stat. 255) is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
Approved December 21, 2018.
LEGISLATIVE HISTORY--S. 1311:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 163 (2017):
Sept. 11, considered and passed
Senate.
Vol. 164 (2018):
Sept. 28, considered and passed
House, amended.
Dec. 17, Senate concurred in House
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Dec. 21, Presidential statement.
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