S 1311 — Abolish Human Trafficking Act of 2017

All training required under the Combat Human Trafficking Act of 2015 (34 U.S.C.

BEST<<NOTE: PRACTICES IN DELIVERING JUSTICE FOR VICTIMS OF TRAFFICKING.

Not37 laterUSC than20701 180note.>> daysBEST afterPRACTICES theIN dateDELIVERING ofJUSTICE enactmentFOR ofVICTIMS thisOF Act,TRAFFICKING. 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.

<<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.

Section 606(b) of the Justice for Victims of Trafficking Act of 2015 (34 U.S.C.

(B)[[Page in132 paragraphSTAT. (3), by striking the period at the end and inserting a semicolon;

5255]] (B) in paragraph (3), by striking the period at the end and inserting a semicolon;

SEC.[[Page 132 STAT.

5256]] SEC.

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),'';

``(c) Human Trafficking Justice Coordinators.--TheCoordinators.-- Attorney<<NOTE: 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;

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;

and ``(6)[[Page ensuring132 theSTAT. 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)5257]] Department``(6) ofensuring Justice Coordinator.--Not later than 60 days after the datecollection of enactmentrestitution offor thevictims Abolishis Humansought Traffickingas Actrequired ofto 2017,be theordered Attorneyunder Generalsection shall1593 designateof antitle official18, whoUnited shallStates coordinateCode, humanand traffickingsection efforts2429 within the Department of Justicesuch who,title, inas additionadded toby anysection other3 responsibilities,of shall be responsible for-- ``(1) coordinating, promoting, and supporting the workAbolish ofHuman theTrafficking DepartmentAct of Justice2017. relating to human trafficking, including investigation, prosecution, training, outreach, victim support, grant-making, and policy activities;

``(2)``(d) in<<NOTE: 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;

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;

(2)[[Page in132 paragraphSTAT. (3), by striking the period at the end and inserting a semicolon;

5258]] (2) in paragraph (3), by striking the period at the end and inserting a semicolon;

ENDING<<NOTE: GOVERNMENT PARTNERSHIPS WITH THE COMMERCIAL SEX INDUSTRY.

34 USC 20701 note.>> ENDING GOVERNMENT PARTNERSHIPS WITH THE COMMERCIAL SEX INDUSTRY.

``(a) In General.--TheGeneral.-- National<<NOTE: 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;

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;

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[[Page should132 beSTAT. tailored to address the unique needs and barriers associated with these victims.

``(b)5259]] Report.--Notoptions latershould thanbe 3tailored yearsto afteraddress the dateunique ofneeds enactment of the Abolish Human Trafficking Act of 2017, the National Institute of Justice and thebarriers Centers for Disease Control and Prevention shall make available to the public the results, including any associated recommendations,with ofthese thevictims. study conducted under subsection (a).''.

``(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).''.

GRANT<<NOTE: ACCOUNTABILITY.

34 USC 20704 note.>> GRANT ACCOUNTABILITY.

(1) Audit<<NOTE: 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)Time Audits.--Beginningperiods.>> inAudit therequirement.-- first(A) fiscalDefinition.--In yearthis beginningparagraph, after the dateterm of``unresolved enactmentaudit offinding'' thismeans Act,a andfinding in eachthe fiscalfinal yearaudit thereafter,report of the Inspector General of a covered agency shallthat conductthe auditsaudited ofgrantee recipientshas ofutilized funds under a covered grantsgrant tofor preventan waste,unauthorized fraud,expenditure andor abuseotherwise ofunallowable fundscost bythat grantees.is not closed or resolved within 12 months from the date when the final audit report is issued.

The(B) InspectorAudits General<<NOTE: shall determine the appropriate number of grantees to be audited each year.

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.

(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[[Page before132 submittingSTAT. an application for the covered grant.

5260]] years before submitting an application for the covered grant.

(B) Written approval.--Writtenapproval.-- approval<<NOTE: 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.

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.

(ii)[[Page Department132 ofSTAT. 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.

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.

(4) Annual certification.--Beginningcertification.-- in<<NOTE: 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;

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;

(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<<NOTE: list of all duplicate covered grants awarded, including the total dollar amount of any duplicate covered grants awarded;

List.>> a list of all duplicate covered grants awarded, including the total dollar amount of any duplicate covered grants awarded;

``, which shall include participating in training for Homeland Security Investigations personnel conducted[[Page by132 InternetSTAT. Crimes Against Children Task Forces'';

5262]] conducted by Internet Crimes Against Children Task Forces'';

``(e) HERO Child-Rescue Corps.-- ``(1) Establishment.-- ``(A) In general.--Theregeneral.-- is<<NOTE: 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.

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.

and ``(B) ensure that during the internship period, participants of the Program are assigned to investigate and analyze-- ``(i)[[Page child132 exploitation;STAT.

5263]] ``(i) child exploitation;

``(3) Placement.-- ``(A) In general.--Thegeneral.-- Secretary<<NOTE: 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.

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.

``(4) Term of internship.--An appointment to an internship position under this subsection shall be for a term not to exceed 12 months.

``(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-Child-Rescue 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[[Page of132 thisSTAT. subsection, for the hiring and permanent employment of graduates of the paid internship program required to be established under paragraph (1).'';

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).'';

(c) Technical and Conforming Amendment.--Section 302 of the HERO Act of 2015 (Public<<NOTE: Law 114-22;

6 USC 187.>> (Public Law 114-22;

Attest:Approved December 21, 2018.

Clerk.LEGISLATIVE HISTORY--S.

115th1311: CONGRESS 2d Session S.

1311--------------------------------------------------------------------------- _______________________________________________________________________CONGRESSIONAL AMENDMENTRECORD:

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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