[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2200 Enrolled Bill (ENR)]
H.R.2200
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 reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frederick Douglass Trafficking
Victims Prevention and Protection Reauthorization Act of 2018''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs to Support Victims and Persons Vulnerable to Human
Trafficking
Sec. 101. Grants to assist in the recognition of trafficking.
Sec. 102. Preventing future trafficking in the United States through
receipt of complaints abroad.
Sec. 103. Modification to grants for victims services.
Subtitle B--Governmental Efforts to Prevent Human Trafficking
Sec. 111. Required training to prevent human trafficking for certain
contracting air carriers.
Sec. 112. Ensuring United States procurement does not fund human
trafficking.
Sec. 113. Training course on human trafficking and government
contracting.
Sec. 114. Modifications to the Advisory Council on Human Trafficking.
Sec. 115. Sense of Congress on the Senior Policy Operating Group.
Sec. 116. Best practices to prevent forced child labor trafficking.
Subtitle C--Preventing Trafficking in Persons in the United States
Sec. 121. Demand reduction strategies in the United States.
Sec. 122. Designation of a labor prosecutor to enhance State and local
efforts to combat trafficking in persons.
Sec. 123. Preventing human trafficking in foreign missions and
diplomatic households.
Sec. 124. Actions against significant traffickers in persons.
Subtitle D--Monitoring Child, Forced, and Slave Labor
Sec. 131. Sense of Congress.
Sec. 132. Report on the enforcement of section 307 of the Tariff Act of
1930.
Sec. 133. Modification to list of child-made and slavery-made goods.
TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD
Subtitle A--Efforts to Combat Trafficking
Sec. 201. Including the Secretary of the Treasury and the United States
Trade Representative as a member of the Interagency Task Force
to Monitor and Combat Trafficking.
Sec. 202. Encouraging countries to maintain and share data on human
trafficking efforts.
Sec. 203. Appropriate listing of governments involved in human
trafficking.
Sec. 204. Requirements for strategies to prevent trafficking.
Sec. 205. Briefing on countries with primarily migrant workforces.
Sec. 206. Report on recipients of funding from the United States Agency
for International Development.
Subtitle B--Child Soldier Prevention Act of 2018
Sec. 211. Findings.
Sec. 212. Amendments to the Child Soldiers Prevention Act of 2008.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Authorization of appropriations under the Trafficking Victims
Protection Act of 2000.
Sec. 302. Authorization of appropriations under the International
Megan's Law.
Sec. 303. Authorization of appropriations for airport personnel training
to identify and report human trafficking victims.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs to Support Victims and Persons Vulnerable to Human
Trafficking
SEC. 101. GRANTS TO ASSIST IN THE RECOGNITION OF TRAFFICKING.
(a) Grants to Assist in Recognition of Trafficking.--Section 106(b)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(b))
is amended--
(1) by striking ``The President'' and inserting the following:
``(1) In general.--The President''; and
(2) by adding at the end the following:
``(2) Grants to assist in the recognition of trafficking.--
``(A) Definitions.--In this paragraph:
``(i) ESEA terms.--The terms `elementary school',
`local educational agency', `other staff', and `secondary
school' have the meanings given the terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(ii) High-intensity child sex trafficking area.--The
term `high-intensity child sex trafficking area' means a
metropolitan area designated by the Director of the Federal
Bureau of Investigation as having a high rate of children
involved in sex trafficking.
``(iii) Labor trafficking.--The term `labor
trafficking' means conduct described in section 103(9)(B)
of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(9)(B)).
``(iv) School staff.--The term `school staff' means
teachers, nurses, school leaders and administrators, and
other staff at elementary schools and secondary schools.
``(v) Sex trafficking.--The term `sex trafficking'
means the conduct described in section 103(9)(A) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(9)(A)).
``(B) In general.--The Secretary of Health and Human
Services, in consultation with the Secretary of Education and
the Secretary of Labor, may award grants to local educational
agencies, in partnership with a nonprofit, nongovernmental
agency, to establish, expand, and support programs--
``(i) to educate school staff to recognize and respond
to signs of labor trafficking and sex trafficking; and
``(ii) to provide age-appropriate information to
students on how to avoid becoming victims of labor
trafficking and sex trafficking.
``(C) Program requirements.--Amounts awarded under this
paragraph shall be used for--
``(i) education regarding--
``(I) avoiding becoming victims of labor
trafficking and sex trafficking;
``(II) indicators that an individual is a victim or
potential victim of labor trafficking or sex
trafficking;
``(III) options and procedures for referring such
an individual, as appropriate, to information on such
trafficking and services available for victims of such
trafficking;
``(IV) reporting requirements and procedures in
accordance with applicable Federal and State law; and
``(V) how to carry out activities authorized under
subparagraph (A)(ii); and
``(ii) a plan, developed and implemented in
consultation with local law enforcement agencies, to ensure
the safety of school staff and students reporting such
trafficking.
``(D) Priority.--In awarding grants under this paragraph,
the Secretary shall give priority to local educational agencies
serving a high-intensity child sex trafficking area.''.
(b) Inclusion in Authorization of Appropriations.--Section
113(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7110(b)(1)) is amended by striking ``section 107(b)'' and inserting
``sections 106(b) and 107(b)''.
SEC. 102. PREVENTING FUTURE TRAFFICKING IN THE UNITED STATES
THROUGH RECEIPT OF COMPLAINTS ABROAD.
(a) In General.--The Secretary of State shall ensure that each
diplomatic or consular post or other mission designates an employee to
be responsible for receiving information from--
(1) any person who was a victim of a severe form of trafficking
in persons (as such term is defined in section 103(14) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(14)))
while present in the United States; or
(2) any person who has information regarding a victim described
in paragraph (1).
(b) Provision of Information.--Any information received pursuant to
subsection (a) shall be transmitted to the Department of Justice, the
Department of Labor, the Department of Homeland Security, and to any
other relevant Federal agency for appropriate response. The Attorney
General, the Secretary of Labor, the Secretary of Homeland Security,
and the head of any other such relevant Federal agency shall establish
a process to address any actions to be taken in response to such
information.
(c) Assistance From Foreign Governments.--The employee designated
for receiving information pursuant to subsection (a) should coordinate
with foreign governments or civil society organizations in the
countries of origin of victims of severe forms of trafficking in
persons, with the permission of and without compromising the safety of
such victims, to ensure that such victims receive any additional
support available.
SEC. 103. MODIFICATION TO GRANTS FOR VICTIMS SERVICES.
Section 107(b)(2)(A) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(b)(2)(A)) is amended by striking ``programs for''
and all that follows and inserting the following: ``programs for
victims of human trafficking, including programs that provide trauma-
informed care or housing options to such victims who are--
``(i)(I) between 12 and 24 years of age; and
``(II) homeless, in foster care, or involved in the
criminal justice system;
``(ii) transitioning out of the foster care system; or
``(iii) women or girls in underserved populations.''.
Subtitle B--Governmental Efforts to Prevent Human Trafficking
SEC. 111. REQUIRED TRAINING TO PREVENT HUMAN TRAFFICKING FOR
CERTAIN CONTRACTING AIR CARRIERS.
(a) In General.--Section 40118 of title 49, United States Code, is
amended by adding at the end the following:
``(g) Training Requirements.--The Administrator of General Services
shall ensure that any contract entered into for provision of air
transportation with a domestic carrier under this section requires that
the contracting air carrier submits to the Administrator of General
Services, the Secretary of Transportation, the Administrator of the
Transportation Security Administration, the Secretary of Labor and the
Commissioner of U.S. Customs and Border Protection an annual report
regarding--
``(1) the number of personnel trained in the detection and
reporting of potential human trafficking (as described in
paragraphs (9) and (10) of section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102)), including the training
required under section 44734(a)(4);
``(2) the number of notifications of potential human
trafficking victims received from staff or other passengers; and
``(3) whether the air carrier notified the National Human
Trafficking Hotline or law enforcement at the relevant airport of
the potential human trafficking victim for each such notification
of potential human trafficking, and if so, when the notification
was made.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any contract entered into after the date of enactment of this
Act except for contracts entered into by the Secretary of Defense.
SEC. 112. ENSURING UNITED STATES PROCUREMENT DOES NOT FUND HUMAN
TRAFFICKING.
Section 106 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104) is amended by adding at the end the following:
``(k) Agency Action To Prevent Funding of Human Trafficking.--
``(1) In general.--At the end of each fiscal year, the
Secretary of State, the Secretary of Labor, the Administrator of
the United States Agency for International Development, and the
Director of the Office of Management and Budget shall each submit a
report to the Administrator of General Services that includes--
``(A) the name and contact information of the individual
within the agency's Office of Legal Counsel or Office of
Acquisition Policy who is responsible for overseeing the
implementation of--
``(i) subsection (g);
``(ii) title XVII of the National Defense Authorization
Act for Fiscal Year 2013 (22 U.S.C. 7104a et seq.); and
``(iii) any regulation in the Federal Acquisition
Regulation (48 C.F.R. 1 et seq.) that is related to any
subject matter referred to in clause (i) or (ii);
``(B) agency action to ensure that contractors are educated
on the applicable laws and regulations listed in subparagraph
(A);
``(C) agency action to ensure that the acquisition
workforce and agency officials understand implementation of the
laws and regulations listed in subparagraph (A), including best
practices for--
``(i) ensuring compliance with such laws and
regulations;
``(ii) assessing the serious, repeated, willful, or
pervasive nature of any violation of such laws or
regulations; and
``(iii) evaluating steps contractors have taken to
correct any such violation;
``(D)(i) the number of contracts containing language
referring to the laws and regulations listed in subparagraph
(A); and
``(ii) the number of contracts that did not contain any
language referring to such laws and regulations;
``(E)(i) the number of allegations of severe forms of
trafficking in persons received; and
``(ii) the source type of the allegation (such as
contractor, subcontractor, employee of contractor or
subcontractor, or an individual outside of the contract);
``(F)(i) the number of such allegations investigated by the
agency;
``(ii) a summary of any findings from such investigations;
and
``(iii) any improvements recommended by the agency to
prevent such conduct from recurring;
``(G)(i) the number of such allegations referred to the
Attorney General for prosecution under section 3271 of title
18, United States Code; and
``(ii) the outcomes of such referrals;
``(H) any remedial action taken as a result of such
investigation, including whether--
``(i) a contractor or subcontractor (at any tier) was
debarred or suspended due to a violation of a law or
regulation relating to severe forms of trafficking in
persons; or
``(ii) a contract was terminated pursuant to subsection
(g) as a result of such violation;
``(I) any other assistance offered to agency contractors to
ensure compliance with a law or regulation relating to severe
forms of trafficking in persons;
``(J) any interagency meetings or data sharing regarding
suspended or disbarred contractors or subcontractors (at any
tier) for severe forms of trafficking in persons; and
``(K) any contract with a contractor or subcontractor (at
any tier) located outside the United States and the country
location, where safe to reveal location, for each such
contractor or subcontractor.
``(2) Appropriate congressional committees.--In this
subsection, the term `appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs of the House of
Representatives;
``(B) the Committee on Armed Services of the House of
Representatives;
``(C) the Committee on Education and the Workforce of the
House of Representatives;
``(D) the Committee on the Judiciary of the House of
Representatives;
``(E) the Committee on Oversight and Government Reform of
the House of Representatives;
``(F) the Committee on Foreign Relations of the Senate;
``(G) the Committee on Armed Services of the Senate;
``(H) the Committee on the Judiciary of the Senate; and
``(I) the Committee on Health, Education, Labor, and
Pensions of the Senate.''.
SEC. 113. TRAINING COURSE ON HUMAN TRAFFICKING AND GOVERNMENT
CONTRACTING.
Any curriculum, including any continuing education curriculum, for
the acquisition workforce used by the Federal Acquisition Institute
established under section 1201 of title 41, United States Code, shall
include at least 1 course, lasting at least 30 minutes, regarding the
law and regulations relating to human trafficking and contracting with
the Federal Government.
SEC. 114. MODIFICATIONS TO THE ADVISORY COUNCIL ON HUMAN
TRAFFICKING.
The Survivors of Human Trafficking Empowerment Act (section 115 of
Public Law 114-22; 129 Stat. 243) is amended--
(1) in subsection (f), by amending paragraph (2) to read as
follows:
``(2) shall receive travel expenses, including per diem in lieu
of subsistence, in accordance with the applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.''; and
(2) in subsection (h), by striking ``2020'' and inserting
``2021''.
SEC. 115. SENSE OF CONGRESS ON THE SENIOR POLICY OPERATING GROUP.
It is the sense of Congress that the Senior Policy Operating Group
established under section 105(g) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7103(g)) should create a working group to
examine the role of demand reduction, both domestically and
internationally, in achieving the purposes of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.) and the Justice for
Victims of Trafficking Act (Public Law 114-22; 129 Stat. 227).
SEC. 116. BEST PRACTICES TO PREVENT FORCED CHILD LABOR TRAFFICKING.
It is the sense of the Congress that--
(1) the United States Government condemns, in the strongest
terms, forced child labor, including in situations of trafficking;
and
(2) the President should work with the private sector to
develop best practices and guidance for preventing forced child
labor and indentured servitude, including in situations of
trafficking.
Subtitle C--Preventing Trafficking in Persons in the United States
SEC. 121. DEMAND REDUCTION STRATEGIES IN THE UNITED STATES.
(a) Department of Justice Task Force.--Section 105(d)(7) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is
amended--
(1) in subparagraph (Q)(vii), by striking ``and'' at the end;
(2) in subparagraph (R), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(S) tactics and strategies employed by human trafficking
task forces sponsored by the Department of Justice to reduce
demand for trafficking victims.''.
(b) Report on State Enforcement.--Subsection (e)(1)(A) of the
Combat Human Trafficking Act of 2015 (34 U.S.C. 20709(e)(1)(A)) is
amended--
(1) in the matter preceding clause (i), by striking ``rates''
and inserting ``number'';
(2) by inserting ``, noting the number of covered offenders''
after ``covered offense'' each place such term appears;
(3) in clause (i), by striking ``arrest'' and inserting
``arrests'';
(4) in clause (ii), by striking ``prosecution'' and inserting
``prosecutions''; and
(5) in clause (iii), by striking ``conviction'' and inserting
``convictions''.
SEC. 122. DESIGNATION OF A LABOR PROSECUTOR TO ENHANCE STATE AND
LOCAL EFFORTS TO COMBAT TRAFFICKING IN PERSONS.
Section 204(a)(1) of the Trafficking Victims Protection
Reauthorization Act of 2005 (34 U.S.C. 20705(a)(1)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) as appropriate, to designate at least 1 prosecutor
for cases of severe forms of trafficking in persons (as such
term is defined in section 103(9) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(9)).''.
SEC. 123. PREVENTING HUMAN TRAFFICKING IN FOREIGN MISSIONS AND
DIPLOMATIC HOUSEHOLDS.
Section 203(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``for such period as the Secretary
determines necessary'' and inserting ``for a period of at least
1 year, except if the Secretary determines and reports to the
appropriate congressional committees, in advance, the reasons a
shorter period is in the national interest,''; and
(B) by striking ``the Secretary determines'' and all that
follows and inserting ``there is an unpaid default or final
civil judgement directly or indirectly related to human
trafficking against the employer or a family member assigned to
the embassy, or the diplomatic mission or international
organization hosting the employer or family member has not
responded affirmatively to a request to waive immunity within 6
weeks of the request in a case brought by the United States
Government and the country that accredited the employer or
family member or, in the case of international organizations,
the country of citizenship, has not initiated prosecution
against the employer or family member.''; and
(2) in paragraph (3), by striking ``a mechanism is in place''
and inserting ``, as applicable, the unpaid default judgment or
final civil judgement has been resolved, the diplomatic mission or
international organization hosting the employer or family member
has waived immunity for the employer or family member or the
country that accredited the employer or family member or the
country of citizenship of the employer or family member completed
the prosecution of the employer or family member, and the
diplomatic mission or international organization hosting the
employer or family member has a mechanism in place''.
SEC. 124. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.
Section 111(a)(1) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7108(a)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting ``,
or section 1263 of the Global Magnitsky Human Rights Accountability
Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656
note),'' after ``1701)'' the second place it appears; and
(2) by adding at the end the following:
``(D) Officials of a foreign government who participate in,
facilitate, or condone severe forms of trafficking in persons
for significant financial gain.''.
Subtitle D--Monitoring Child, Forced, and Slave Labor
SEC. 131. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) foreign assistance that addresses poverty alleviation and
humanitarian disasters reduces the vulnerability of men, women, and
children to human trafficking and is a crucial part of the response
of the United States to modern-day slavery;
(2) the Deputy Under Secretary of the Bureau of International
Labor Affairs of the Department of Labor and the grant programs
administered by the Deputy Under Secretary play a critical role in
preventing and protecting children from the worst forms of child
labor, including situations of trafficking, and in reducing the
vulnerabilities of men and women to situations of forced labor and
trafficking; and
(3) the Secretary of Labor also plays a critical role in
helping other Federal departments and agencies to prevent goods
made with forced and child labor from entering the United States by
consulting with such departments and agencies to reduce forced and
child labor internationally and ensuring that products made by
forced labor and child labor in violation of international
standards are not imported into the United States.
SEC. 132. REPORT ON THE ENFORCEMENT OF SECTION 307 OF THE TARIFF
ACT OF 1930.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the committees listed in subsection (b) that
describes any obstacles or challenges to enforcing section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
(b) Committees.--The committees listed in this subsection are--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Financial Services of the House of
Representatives;
(3) the Committee on Energy and Commerce of the House of
Representatives;
(4) the Committee on the Judiciary of the House of
Representatives;
(5) the Committee on Ways and Means of the House of
Representatives;
(6) the Committee on Foreign Relations of the Senate;
(7) the Committee on Health, Education, Labor, and Pensions of
the Senate;
(8) the Committee on Commerce, Science, and Transportation of
the Senate;
(9) the Committee on the Judiciary of the Senate; and
(10) the Committee on Finance of the Senate.
(c) Requirements.--The report required under subsection (a) shall--
(1) describe the role and best practices of private sector
employers in the United States in complying with the provisions of
section 307 of the Tariff Act of 1930;
(2) describe any efforts or programs undertaken by relevant
Federal, State, or local government agencies to encourage
employers, directly or indirectly, to comply with such provisions;
(3) describe the roles of the relevant Federal departments and
agencies in overseeing and regulating such provisions, and the
oversight and enforcement mechanisms used by such departments or
agencies;
(4) provide concrete, actual case studies or examples of how
such provisions are enforced;
(5) identify the number of petitions received and cases
initiated (whether by petition or otherwise) or investigated by
each relevant Federal department or agency charged with
implementing and enforcing such provisions, as well as the dates
petitions were received or investigations were initiated, and their
current statuses;
(6) identify any enforcement actions during the most recent 10
years, including--
(A) the issuance of Withhold Release Orders;
(B) the detention of shipments;
(C) the issuance of civil penalties; and
(D) the formal charging with criminal charges relating to
the forced labor scheme taken as a result of petitions and
investigations identified pursuant to paragraph (5), organized
by type of action, date of action, commodity, and country of
origin;
(7) with respect to any relevant petition filed during the 10-
year period immediately preceding the date of the enactment of this
Act with the relevant Federal departments and agencies tasked with
implementing such provisions, list the specific products, country
of origin, manufacturer, importer, end-user or retailer, and
outcomes of any investigation;
(8) identify any gaps that may exist in enforcement of such
provisions;
(9) describe the engagement of the relevant Federal departments
and agencies with stakeholders, including the engagement of
importers, forced labor experts, and nongovernmental organizations;
and
(10) based on the information required under paragraphs (1)
through (9)--
(A) identify any regulatory obstacles or challenges to
enforcement of such provisions; and
(B) provide recommendations for actions that could be taken
by the relevant Federal departments and agencies to overcome
such obstacles.
SEC. 133. MODIFICATION TO LIST OF CHILD-MADE AND SLAVERY-MADE
GOODS.
(a) In General.--Section 105(b)(2)(C) of the Trafficking Victims
Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)) is
amended by inserting ``, including, to the extent practicable, goods
that are produced with inputs that are produced with forced labor or
child labor'' after ``international standards''.
(b) Inclusion in Authorization of Appropriations.--Amounts
appropriated pursuant to the authorization of appropriations under
section 113(f) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7110(f)), as amended by section 301, are authorized to be made
available to carry out the purposes described in section 105(b)(2) of
the Trafficking Victims Protection Reauthorization Act of 2005 (22
U.S.C. 7112(b)(2)), as amended by subsection (a).
TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD
Subtitle A--Efforts to Combat Trafficking
SEC. 201. INCLUDING THE SECRETARY OF THE TREASURY AND THE UNITED
STATES TRADE REPRESENTATIVE AS A MEMBER OF THE INTERAGENCY TASK
FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 105(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(b)) is amended by inserting ``the Secretary of the
Treasury, the United States Trade Representative,'' after ``the
Secretary of Education,''.
SEC. 202. ENCOURAGING COUNTRIES TO MAINTAIN AND SHARE DATA ON HUMAN
TRAFFICKING EFFORTS.
Section 108(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7106(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``the capacity'' and inserting ``a
demonstrably increasing capacity''; and
(B) by striking the last sentence; and
(2) in paragraph (7)--
(A) by striking ``consistent with its resources'' and
inserting ``, consistent with a demonstrably increasing
capacity of such government to obtain such data,''; and
(B) by striking the last sentence.
SEC. 203. APPROPRIATE LISTING OF GOVERNMENTS INVOLVED IN HUMAN
TRAFFICKING.
Section 110(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(iii)(I)--
(i) by striking ``absolute'' and inserting
``estimated''; and
(ii) by inserting ``and the country is not taking
proportional concrete actions'' before the semicolon at the
end; and
(B) by adding at the end the following:
``(F) Special rule for certain countries on special watch
list that are downgraded and reinstated on special watch
list.--Notwithstanding subparagraphs (D) and (E), a country may
not be included on the special watch list described in
subparagraph (A)(iii) for more than 1 consecutive year after
the country--
``(i) was included on the special watch list described
in subparagraph (A)(iii) for--
``(I) 2 consecutive years after the date of the
enactment of subparagraph (D); and
``(II) any additional years after such date of
enactment as a result of the President exercising the
waiver authority under subparagraph (D)(ii); and
``(ii) was subsequently included on the list of
countries described in paragraph (1)(C).''; and
(2) in paragraph (3)--
(A) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii) and moving such clauses 2 ems to
the right;
(B) in the matter preceding clause (i), as redesignated, by
striking ``In determinations'' and inserting the following:
``(A) In general.--In determinations''; and
(C) by adding at the end the following:
``(B) Proof of failure to make significant efforts.--In
addition to the considerations described in clauses (i), (ii),
and (iii) of subparagraph (A), in determinations under
paragraph (1)(C) as to whether the government of a country is
not making significant efforts to bring itself into compliance
with the minimum standards for the elimination of trafficking,
the Secretary of State shall consider, as proof of failure to
make significant efforts, a government policy or pattern of--
``(i) trafficking;
``(ii) trafficking in government-funded programs;
``(iii) forced labor (in government-affiliated medical
services, agriculture, forestry, mining, construction, or
other sectors);
``(iv) sexual slavery in government camps, compounds,
or outposts; or
``(v) employing or recruiting child soldiers.''.
SEC. 204. REQUIREMENTS FOR STRATEGIES TO PREVENT TRAFFICKING.
(a) Report on New Practices To Combat Trafficking.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter for 7 years, the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall submit a
report to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives that--
(A) describes any practices adopted by the Department of
State or the United States Agency for International Development
to better combat trafficking in persons, in accordance with the
report submitted under section 101(b)(4) of the Trafficking
Victims Protection Reauthorization Act of 2005, in order to
reduce the risk of trafficking in post-conflict or post-
disaster areas; or
(B) if no practices referred to in subparagraph (A) have
been adopted, includes a strategy to reduce the risk of
trafficking in such areas.
(2) Public availability.--Each report submitted under paragraph
(1) shall be posted on a publicly available internet website of the
Department of State.
(b) Child Protection Strategies in Watch List Countries.--
(1) In general.--The Administrator of the United States Agency
for International Development shall incorporate into the relevant
country development cooperation strategy for each country on the
list described in paragraph (1)(C) of section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) or
the special watch list described in paragraph (2)(A)(iii) of such
section, strategies for the protection of children and the
reduction of the risk of trafficking.
(2) Components.--The child protection and trafficking reduction
strategies required under paragraph (1) shall--
(A) address the root causes of insecurity that leave
children and youth vulnerable to trafficking; and
(B) include common metrics and indicators to monitor
progress across Federal agencies to prevent, address, and end
violence against children and youth globally in post-conflict
and post-disaster areas.
SEC. 205. BRIEFING ON COUNTRIES WITH PRIMARILY MIGRANT WORKFORCES.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of State shall provide a briefing to the Committee on
Foreign Relations of the Senate, the Committee on the Judiciary of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on the Judiciary of the House of
Representatives that includes, with respect to each country that has a
domestic workforce of which more than 80 percent are third-country
nationals--
(1) an assessment of the progress made by the government of
such country toward implementing the recommendations with respect
to such country contained in the most recent Trafficking in Persons
Report submitted by the Secretary under section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)), as
amended by section 203 of this Act; and
(2) a description of the efforts made by the United States to
ensure that any domestic worker brought into the United States by
an official of such country is not a victim of trafficking.
SEC. 206. REPORT ON RECIPIENTS OF FUNDING FROM THE UNITED STATES
AGENCY FOR INTERNATIONAL DEVELOPMENT.
Not later than 90 days after the date of the enactment of this Act,
and by October 1 of each of the following 4 years, the Administrator of
the United States Agency for International Development shall submit a
report to the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that describes, with
respect to the prior fiscal year--
(1) each obligation or expenditure of Federal funds by the
Agency for the purpose of combating human trafficking and forced
labor; and
(2) with respect to each such obligation or expenditure, the
program, project, activity, primary recipient, and any subgrantees
or subcontractors.
Subtitle B--Child Soldier Prevention Act of 2018
SEC. 211. FINDINGS.
Congress finds the following:
(1) The recruitment or use of children in armed conflict is
unacceptable for any government or government-supported entity
receiving United States assistance.
(2) The recruitment or use of children in armed conflict,
including direct combat, support roles, and sexual slavery,
occurred during 2016 or 2017 in Afghanistan, Iran, Mali, Niger,
South Sudan, Sudan, Burma, the Democratic Republic of the Congo,
Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.
(3) Entities of the Government of Afghanistan, particularly the
Afghan Local Police and Afghan National Police, continue to recruit
children to serve as combatants or as servants, including as sex
slaves.
(4) Police forces of the Government of Afghanistan participate
in counterterrorism operations, direct and indirect combat,
security operations, fight alongside regular armies, and are
targeted for violence by the Taliban and other opposition groups.
(5) In February 2016, a 10-year-old boy was assassinated by the
Taliban after he had been publicly honored by Afghan local police
forces for his assistance in combat operations against the Taliban.
(6) Recruitment and use of children in armed conflict by
government forces has continued in South Sudan with the return to
hostilities.
(7) At least 19,000 children have been recruited since South
Sudan's civil war began in 2013.
SEC. 212. AMENDMENTS TO THE CHILD SOLDIERS PREVENTION ACT OF 2008.
(a) Definitions.--Section 402(2) of the Child Soldiers Prevention
Act of 2008 (22 U.S.C. 2370c(2)) is amended--
(1) in subparagraph (A), by inserting ``, police, or other
security forces'' after ``governmental armed forces'' each place
such term appears; and
(2) in subparagraph (B), by striking ``clauses'' and inserting
``clause''.
(b) Prohibition.--Section 404 of the Child Soldiers Prevention Act
of 2008 (22 U.S.C. 2370c-1) is amended--
(1) in subsection (a)--
(A) by inserting ``, police, or other security forces,''
after ``governmental armed forces''; and
(B) by striking ``recruit and use child soldiers'' and
inserting ``recruit or use child soldiers'';
(2) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) Notification.--
``(A) In general.--Not later than 45 days after the date on
which each report is submitted under section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)),
the Secretary of State shall formally notify each government
included in the list under paragraph (1) that such government
is included in such list.
``(B) Congressional notification.--As soon as practicable
after making all of the notifications required under
subparagraph (A) with respect to a report, the Secretary of
State shall notify the appropriate congressional committees
that the requirements of subparagraph (A) have been met.'';
(3) in subsection (c)(1), by inserting before the period at the
end the following: ``and certifies to the appropriate congressional
committees that the government of such country is taking effective
and continuing steps to address the problem of child soldiers'';
and
(4) in subsection (e)(1), in the matter preceding subparagraph
(A), by striking ``to a country'' and all that follows through
``subsection (a)'' and inserting ``under section 541 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347) through the Defense
Institute for International Legal Studies or the Center for Civil-
Military Relations at the Naval Post-Graduate School, and may
provide nonlethal supplies (as defined in section 2557(d)(1)(B) of
title 10, United States Code), to a country subject to the
prohibition under subsection (a)''.
(c) Reports.--Section 405 of the Child Soldiers Prevention Act of
2008 (22 U.S.C. 2370c-2) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``, during any of the 5 years following
the date of the enactment of this Act,''; and
(ii) by striking ``wavier'' and inserting ``waiver'';
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) a description and the amount of any assistance withheld
under this title pursuant to the application to those countries of
the prohibition in section 404(a);''; and
(D) in paragraph (5), as redesignated, by inserting ``and
the amount'' after ``a description''; and
(2) by adding at the end the following:
``(d) Information to Be Included in Annual Trafficking in Persons
Report.--If the Secretary of State notifies a country pursuant to
section 404(b)(2), or the President grants a waiver pursuant to section
404(c)(1), the Secretary of State shall include, in each report
required under section 110(b) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7107(b)), the information required to be included in
the annual report to Congress under paragraphs (1) through (5) of
subsection (c).''.
(d) Elimination of Child Sexual Assault by Afghan Security
Forces.--
(1) Sense of congress.--It is the sense of Congress that the
Department of State and the Department of Defense should fully
implement the recommendations in the Special Inspector General for
Afghanistan Reconstruction's 2017 report on Child Sexual Assault in
Afghanistan.
(2) Report on status of implementation of recommendations.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of State and the Secretary of Defense shall report to the
appropriate congressional committees on the status of
implementation, within their respective departments, of each
recommendation included in the report referenced in paragraph (1).
(3) Report on interagency efforts to monitor abuses.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of State and the Secretary of Defense shall report to the
appropriate congressional committees on the status of interagency
efforts to establish effective, coherent, and discrete reporting by
United States personnel on child sexual abuse by Afghan security
forces with whom they train or advise or to whom they provide
assistance.
(4) Prioritization at ministerial conference on afghanistan.--
The Department of State shall ensure that the issue of child sexual
assault by Afghan security forces is incorporated and elevated as
an issue of international concern and focus at the next Ministerial
Conference on Afghanistan, scheduled for November 27-28, 2018, in
Geneva, Switzerland, with the goal of ending the illegal but
ongoing practice known as ``bacha bazi''.
(5) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS UNDER THE TRAFFICKING
VICTIMS PROTECTION ACT OF 2000.
Section 113 of the Trafficking Victims Prevention Act of 2000 (22
U.S.C. 7110) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authorization of Appropriations in Support of the Task
Force.--There are authorized to be appropriated to the Department of
State, for each of the fiscal years 2018 through 2021, $13,822,000 for
Diplomatic and Consular Programs of the Office to Monitor and Combat
Trafficking in Persons, which shall be used to carry out sections
105(e), 105(f), and 110, including for additional personnel.'';
(2) in subsection (b)(1), by striking ``$14,500,000 for each of
the fiscal years 2014 through 2017'' and inserting ``$19,500,000
for each of the fiscal years 2018 through 2021, of which $3,500,000
is authorized to be appropriated for each fiscal year for the
National Human Trafficking Hotline.'';
(3) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Assistance to combat trafficking.--There are authorized
to be appropriated to the Department of State, for each of the
fiscal years 2018 through 2021, $65,000,000, which shall be used--
``(A) to carry out sections 106 and 107(a);
``(B) to carry out section 134 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2152d);
``(C) to assist countries in meeting the minimum standards
described in section 108; and
``(D) for programs and activities on prevention,
protection, and prosecution to combat all forms of trafficking
in persons internationally, including training activities for
law enforcement officers, prosecutors, and members of the
judiciary with respect to trafficking in persons at the
International Law Enforcement Academies.''; and
(4) in subsection (f), by striking ``2014 through 2017'' and
inserting ``2018 through 2021.''.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS UNDER THE INTERNATIONAL
MEGAN'S LAW.
Section 11 of the International Megan's Law to Prevent Child
Exploitation and Other Sexual Crimes Through Advanced Notification of
Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking ``2017
and 2018'' and inserting ``2018 through 2021''.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR AIRPORT PERSONNEL
TRAINING TO IDENTIFY AND REPORT HUMAN TRAFFICKING VICTIMS.
There is authorized to be appropriated to the Commissioner of U.S.
Customs and Border Protection $250,000 for each of the fiscal years
2018 through 2021 to expand outreach and live on-site anti-trafficking
training for airport and airline personnel.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.