[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1311 Enrolled Bill (ENR)]
S.1311
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To provide assistance in abolishing human trafficking in the United
States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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(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 Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102))'' after ``child pornography victims''.

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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.''.

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(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)''.

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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.''.

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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''.

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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.

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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.

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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.''.

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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;
(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.''.

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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)''.

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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)''.

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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,''.

88717cee9de386b7b64be1a61f1d545410c044a84e39f8447f583fc332be67eb

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''.

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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.''.

43e4ac3c14086e1ff97380ec72f3ca5de7b26b1b7455715da65c803287f6f494

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''.

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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).''.

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(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.''.

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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.

5bb07c7fa587e079cbef9e4eac6a2a6dc9bd0b6530dd9812076790971ca806e5

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.''.

247dc3d112a309e0a7e29c646c4ec4855002a183d6daf44cd767937c58a83806

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''.

e107d3eb0fb94cbc080068d1257d247896fdc1e1bc3f0c23d78180303b9e73c3

(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.

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(a) In General.--Section 890A of the Homeland Security Act of 2002
(6 U.S.C. 473) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``Homeland Security
Investigations,'' after ``Customs Enforcement,''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Purpose.--The Center shall provide investigative
assistance, training, and equipment to support domestic and
international investigations of cyber-related crimes by the
Department.'';
(2) in subsection (b)--
(A) in paragraph (2)(C), by inserting after ``personnel''
the following: ``, which shall include participating in
training for Homeland Security Investigations personnel
conducted by Internet Crimes Against Children Task Forces'';
and
(B) in paragraph (3)--
(i) in subparagraph (B)--
(I) in the matter preceding clause (i), by
inserting ``in child exploitation investigations''
after ``Enforcement''; and
(II) in clause (i), by inserting ``child'' before
``victims'';
(ii) in subparagraph (C), by inserting ``child
exploitation'' after ``number of''; and
(iii) in subparagraph (D), by inserting ``child
exploitation'' after ``number of''; and
(3) in subsection (c)(2)--
(A) in subparagraph (A), in the matter preceding clause
(i), by inserting ``and administer the Digital Forensics and
Document and Media Exploitation program'' after ``forensics'';
(B) in subparagraph (C), by inserting ``and emerging
technologies'' after ``forensics''; and
(C) in subparagraph (D), by striking ``and the National
Association to Protect Children'' and inserting ``, the
National Association to Protect Children, and other
governmental entities''.
(b) HERO Child-Rescue Corps.--Section 890A of the Homeland Security
Act of 2002 (6 U.S.C. 473) is amended--
(1) by redesignating subsection (e) as subsection (g);
(2) by inserting after subsection (d) the following:
``(e) HERO Child-Rescue Corps.--
``(1) Establishment.--
``(A) In general.--There is established within the Center a
Human Exploitation Rescue Operation Child-Rescue Corps Program
(referred to in this section as the `HERO Child-Rescue Corps
Program'), which shall be a Department-wide program, in
collaboration with the Department of Defense and the National
Association to Protect Children.
``(B) Private sector collaboration.--As part of the HERO
Child-Rescue Corps Program, the National Association to Protect
Children shall provide logistical support for program
participants.
``(2) Purpose.--The purpose of the HERO Child-Rescue Corps
Program shall be to recruit, train, equip, and employ members of
the Armed Forces on active duty and wounded, ill, and injured
veterans to combat and prevent child exploitation, including in
investigative, intelligence, analyst, inspection, and forensic
positions or any other positions determined appropriate by the
employing agency.
``(3) Functions.--The HERO Child-Rescue Program shall--
``(A) provide, recruit, train, and equip participants of
the Program in the areas of digital forensics, investigation,
analysis, intelligence, and victim identification, as
determined by the Center and the needs of the Department; and
``(B) ensure that during the internship period,
participants of the Program are assigned to investigate and
analyze--
``(i) child exploitation;
``(ii) child pornography;
``(iii) unidentified child victims;
``(iv) human trafficking;
``(v) traveling child sex offenders; and
``(vi) forced child labor, including the sexual
exploitation of minors.
``(f) Paid Internship and Hiring Program.--
``(1) In general.--The Secretary shall establish a paid
internship and hiring program for the purpose of placing
participants of the HERO Child-Rescue Corps Program (in this
subsection referred to as `participants') into paid internship
positions, for the subsequent appointment of the participants to
permanent positions, as described in the guidelines promulgated
under paragraph (3).
``(2) Internship positions.--Under the paid internship and
hiring program required to be established under paragraph (1), the
Secretary shall assign or detail participants to positions within
United States Immigration and Customs Enforcement or any other
Federal agency in accordance with the guidelines promulgated under
paragraph (3).
``(3) Placement.--
``(A) In general.--The Secretary shall promulgate
guidelines for assigning or detailing participants to positions
within United States Immigration and Customs Enforcement and
other Federal agencies, which shall include requirements for
internship duties and agreements regarding the subsequent
appointment of the participants to permanent positions.
``(B) Preference.--The Secretary shall give a preference to
Homeland Security Investigations in assignments or details
under the guidelines promulgated under subparagraph (A).
``(4) Term of internship.--An appointment to an internship
position under this subsection shall be for a term not to exceed 12
months.
``(5) Rate and term of pay.--After completion of initial group
training and upon beginning work at an assigned office, a
participant appointed to an internship position under this
subsection who is not receiving monthly basic pay as a member of
the Armed Forces on active duty shall receive compensation at a
rate that is--
``(A) not less than the minimum rate of basic pay payable
for a position at level GS-5 of the General Schedule; and
``(B) not more than the maximum rate of basic pay payable
for a position at level GS-7 of the General Schedule.
``(6) Eligibility.--In establishing the paid internship and
hiring program required under paragraph (1), the Secretary shall
ensure that the eligibility requirements for participation in the
internship program are the same as the eligibility requirements for
participation in the HERO Child-Rescue Corps Program.
``(7) Hero corps hiring.--The Secretary shall establish within
Homeland Security Investigations positions, which shall be in
addition to any positions in existence on the date of enactment of
this subsection, for the hiring and permanent employment of
graduates of the paid internship program required to be established
under paragraph (1).''; and
(3) in subsection (g), as so redesignated--
(A) by striking ``There are authorized'' and inserting the
following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Allocation.--Of the amount made available pursuant to
paragraph (1) in each of fiscal years 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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Abolish Human Trafficking Act of 2017 — S. 1311

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