[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2200 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2200
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2017
Mr. Smith of New Jersey (for himself, Ms. Bass, Mr. Royce of
California, Ms. Jackson Lee, Mrs. Brooks of Indiana, Ms. Frankel of
Florida, Mrs. Wagner, Mr. Cardenas, Mr. Poe of Texas, and Mr. Costello
of Pennsylvania) introduced the following bill; which was referred to
the Committee on Foreign Affairs, and in addition to the Committees on
the Judiciary, Oversight and Government Reform, Ways and Means,
Transportation and Infrastructure, Energy and Commerce, Armed Services,
and Education and the Workforce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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 2017''.
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. 111. Ensuring children are educated to avoid traffickers.
Sec. 112. Preventing future trafficking in the United States through
receipt of complaints abroad.
Sec. 113. Human Trafficking Victims Reintegration Through Employment
Program.
Sec. 114. Modification to grants for victims services.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
Sec. 121. Required training to prevent human trafficking for certain
contracting air carriers.
Sec. 122. Priority for use of funds for lodging expenses at
accommodations lacking certain policies
relating to child sexual exploitation.
Sec. 123. Ensuring United States procurement does not fund human
trafficking.
Sec. 124. Training course on human trafficking and Government
contracting.
Sec. 125. Modifications to the Advisory Council on Human Trafficking.
Sec. 126. Sense of Congress on strengthening Federal efforts to reduce
demand.
Sec. 127. Sense of Congress on the Senior Policy Operating Group.
Subtitle C--Preventing Trafficking in Persons in the United States
Sec. 131. Demand reduction strategies in the United States.
Sec. 132. Designation of a labor prosecutor to enhance State and local
efforts to combat trafficking in persons.
Sec. 133. Preventing human trafficking in foreign missions and
diplomatic households.
Sec. 134. Encouraging State and local crime-tip organization to reward
tips fighting human trafficking.
Sec. 135. Ensuring that traffickers help pay for care for victims.
Sec. 136. Exempting from Federal income taxation civil damages awarded
under section 1595 of title 18, United
States Code.
Subtitle D--Monitoring Child, Forced, and Slave Labor
Sec. 141. Sense of Congress.
Sec. 142. Report on the enforcement of section 307 of the Tariff Act of
1930.
Sec. 143. Modification to list of child-made and slavery-made goods.
TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD
Subtitle A--Monitoring Efforts To Combat Trafficking
Sec. 211. 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. 212. Encouraging countries to maintain and share data on human
trafficking efforts.
Sec. 213. Appropriate listing of governments involved in human
trafficking.
Sec. 214. Requirements for strategies to prevent trafficking.
Subtitle B--Child Soldier Prevention Act of 2017
Sec. 221. Findings.
Sec. 222. 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 Trafficking Victims
Protection Reauthorization Act of 2005.
Sec. 303. Authorization of appropriations for enhancing efforts to
combat the trafficking of children.
Sec. 304. Authorization of appropriations under the International
Megan's Law.
Sec. 305. Authorization of appropriations for airport personnel
training to identify and report human
trafficking victims.
Sec. 306. Authorization of appropriations in support of the United
State Advisory Council on Human
Trafficking.
Sec. 307. Transparency in anti-trafficking expenditures.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Victims and Persons Vulnerable to Human
Trafficking
SEC. 111. ENSURING CHILDREN ARE EDUCATED TO AVOID TRAFFICKERS.
Paragraph (5) of section 4108 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7118) is amended--
(1) in subparagraph (H), by striking ``or'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(J) educating children on the signs and dangers
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. 112. 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 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 any
person who has information regarding such a victim.
(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, 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. 113. HUMAN TRAFFICKING VICTIMS REINTEGRATION THROUGH EMPLOYMENT
PROGRAM.
(a) Establishment.--For the purpose described in subsection (b),
the Secretary of Health and Human Services may carry out a Human
Trafficking Victims Reintegration Through Employment Program.
(b) Purpose.--The purpose of the Program shall be to prevent the
re-exploitation of eligible individuals who have been removed from
trafficking situations, by assisting such individuals to integrate or
reintegrate into society through the attainment of employment skills
necessary to achieve self-sufficiency.
(c) Services Provided.--
(1) In general.--Services provided and funded by the
Program shall include--
(A) enrollment and participation in--
(i) basic education, including literacy
education and English as a second language
education;
(ii) job-related skills training;
(iii) vocational and certificate programs;
and
(iv) programs for attaining a regular high
school diploma or its recognized equivalent;
(B) life-skill training programs, including
management of personal finances, self-care, and
parenting classes;
(C) resume creation and review;
(D) interview coaching and counseling;
(E) assistance with expungement of criminal records
when such records are for nonviolent crimes that were
committed as a consequence of the eligible individual's
victimization;
(F) assistance with enrollment in college or
technical school; and
(G) other programs and services that help eligible
individuals to achieve self-sufficiency.
(2) Service period.--Eligible individuals may receive
services through the Program for a period of not more than
three years.
(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Secretary of Health and Human Services shall enter
into cooperative agreements with one or more eligible organizations to
carry out this section.
(e) Definitions.--In this section:
(1) The term ``eligible individual'' means a domestic or
foreign victim of human trafficking who is eligible to receive
services under section 107 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105), as amended by section
115 of this Act.
(2) The ``eligible organization'' means a service provider
meeting the following:
(A) With respect to a service provider for
trafficking victims served by the Program who are not
United States citizens, the provider has--
(i) expertise in serving foreign-born
victims of human trafficking;
(ii) a national presence with local reach
and strong local connections; and
(iii) experience in utilizing national
networks to serve victims and collecting data
from local programs.
(B) With respect to a service provider for
trafficking victims served by the Program who are
United States citizens, the provider has experience
working with trafficking victims who are United States
citizens, including those who have been identified as
the victims of commercial sexual exploitation as
children.
(3) The term ``Program'' means the Human Trafficking
Victims Stabilization and Reintegration Through Employment
Program under this section.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(f) Allocation of Funds.--In allocating amounts made available for
cooperative agreements under this section between victims of human
trafficking who are United States citizens and those who are not, the
Secretary shall take into account the eligibility of victims for other
Federal, State, and local services and funding.
(g) Authorization of Appropriations.--Section 113(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(b)) is
amended by striking ``To carry out the purposes of section 107(b)'' and
inserting ``To carry out the purposes of section 107(b) of this Act and
section 114 of the Frederick Douglass Trafficking Victims Prevention
and Protection Reauthorization Act of 2017''.
SEC. 114. 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 long-term housing options to such victims who are--
``(i) between the ages of 12 and 24 and who
are 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. 121. 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 under this section requires that the contracting air
carrier provides to the Administrator of General Services, the
Secretary of Transportation, the Administrator of the Transportation
Security Administration, 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 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) Training of Flight Attendants and Pilots.--Section 44734 of
title 49, United States Code, is amended--
(1) in the heading by inserting ``and pilots'' after
``flight attendants'';
(2) in subsection (a)--
(A) by inserting ``and pilots'' after ``flight
attendants''; and
(B) by inserting ``airline-industry-specific''
after ``annual''; and
(3) in subsection (b) by inserting ``and pilots'' after
``flight attendants''.
(c) Conforming Amendment.--The table of sections for chapter 447 of
title 49, United States Code, is amended by striking the item related
to section 44734 and inserting the following:
``44734. Training of flight attendants and pilots.''.
(d) Applicability.--The amendment made by subsection (a) shall
apply to any contract entered into after the date of enactment of this
Act.
SEC. 122. PRIORITY FOR USE OF FUNDS FOR LODGING EXPENSES AT
ACCOMMODATIONS LACKING CERTAIN POLICIES RELATING TO CHILD
SEXUAL EXPLOITATION.
(a) In General.--Subchapter I of chapter 57 of title 5, United
States Code, is further amended by adding at the end the following:
``Sec. 5713. Priority for use of funds for lodging expenses at
accommodations lacking certain policies relating to child
sexual exploitation.
``(a) In General.--For the purpose of making payments under this
chapter for lodging expenses each agency shall ensure that, to the
extent practicable, any commercial-lodging room nights for employees of
that agency are booked in a preferred place of accommodation.
``(b) Preferred Place of Accommodation Defined.--In this section,
`preferred place of accommodation' means a commercial place of
accommodation that--
``(1) has a zero-tolerance policy in place regarding the
sexual exploitation of children (as described in section
103(9)(A) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(9)(A))) within the accommodation;
``(2) has procedures in place to identify and report any
such exploitation to the appropriate authorities;
``(3) makes training materials available to all employees
to prevent such exploitation;
``(4) has trained all employees annually on the
identification of possible cases of such exploitation and
procedures to report suspected abuse to the appropriate
authorities;
``(5) protects employees who report suspected cases of such
exploitation according to the protocol identified in training;
and
``(6) keeps records of the number of suspected cases of
such exploitation, including the reasons for suspicion, title
of employee who reported the suspicion, and where the report
was made.
``(c) Regulations Required.--The Administrator of General Services
shall--
``(1) maintain a list of each preferred place of
accommodation; and
``(2) issue such regulations as are necessary to carry out
this section.''.
(b) Conforming Amendment.--The table of sections for subchapter I
of chapter 57 of title 5, United States Code, is further amended by
adding at the end the following new item:
``5713. Priority for use of funds for lodging expenses at
accommodations lacking certain policies
relating to child sexual exploitation.''.
SEC. 123. 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 new
subsection:
``(k) Agency Action To Prevent Funding of Human Trafficking.--
``(1) In general.--The Secretary of State, Secretary of
Defense, Secretary of Labor, Administrator of the United States
Agency for International Development, and Director of the
Office of Management and Budget shall each submit to the
Administrator of General Services (who shall submit the reports
to the appropriate congressional committees), at the end of
each fiscal year, a report that includes each of the following:
``(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 subsection (g) of this
section, title XVII of the National Defense
Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104a
et seq.), and any related regulation in the Federal
Acquisition Regulation (including the Federal
Acquisition Regulation; Ending Trafficking in Persons
(48 C.F.R. Parts 1, 2, 9, 12, 22, 42, and 52)).
``(B) Agency action to ensure contractors are
educated on the applicable laws and regulations listed
in subparagraph (A).
``(C) Agency action to ensure 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) The number of contracts containing language
referring to the laws and regulations listed in
subparagraph (A) and the number of contracts that did
not contain any language referring to the laws and
regulations listed in subparagraph (A).
``(E) The number of allegations of severe forms of
trafficking in persons received and the source of the
allegation (contractor, subcontractor, employee of
contractor or subcontractor, or an individual outside
of the contract).
``(F) The number of such allegations investigated
by the agency, a summary of any findings of such
investigation, and any improvements recommended by the
agency to prevent such conduct from recurring.
``(G) The number of such allegations referred to
the Attorney General for prosecution under section 3271
of title 18, United States Code, and 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.
``(K) Any contract with a contractor or
subcontractor (at any tier) located outside the United
States and the country location for each such
contractor or subcontractor.
``(2) Appropriate congressional committees.--In this
subsection, the term `appropriate congressional committees'
means--
``(A) the Committees on Foreign Affairs, Armed
Services, and Education and the Workforce of the House
of Representatives; and
``(B) the Committees on Foreign Relations, Armed
Services, and Health, Education, Labor, and Pensions of
the Senate.''.
SEC. 124. 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, or the
Defense Acquisition University established under section 1746 of title
10, United States Code, shall include a 30-minute course on the law and
regulations relating to human trafficking and Government contracting.
SEC. 125. MODIFICATIONS TO THE ADVISORY COUNCIL ON HUMAN TRAFFICKING.
Section 115 of the Justice for Victims of Trafficking Act of 2015
(Public Law 114-22; 129 Stat. 243) is amended--
(1) in subsection (f)(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. 126. SENSE OF CONGRESS ON STRENGTHENING FEDERAL EFFORTS TO REDUCE
DEMAND.
It is the sense of Congress that--
(1) all Federal anti-trafficking training (including
training under section 114(c) of the Justice for Victims of
Trafficking Act of 2015 (42 U.S.C. 14044g(c)) and under section
107(c)(4) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105(c)(4))) provided to Federal judges, prosecutors,
and State and local law enforcement officials should--
(A) explain the circumstances under which sex
buyers are considered parties to the crime of
trafficking;
(B) provide best practices for arresting or
prosecuting buyers of illegal sex acts as a form of sex
trafficking prevention; and
(C) specify that any comprehensive approach to
eliminating trafficking must include a demand reduction
component; and
(2) any request for proposals for grants or cooperative
agreement opportunities issued by the Attorney General with
respect to the prevention of trafficking should include
specific language with respect to demand reduction.
SEC. 127. 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 Justice for Victims
of Trafficking Act (Public Law 114-22; 129 Stat. 227) and Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
Subtitle C--Preventing Trafficking in Persons in the United States
SEC. 131. 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 new subparagraph:
``(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.--Section 114(e)(1)(A) of the
Justice for Victims of Trafficking Act of 2015 (42 U.S.C.
14044g(e)(1)(A)) is amended by inserting ``, noting the number of
buyers of trafficked persons included in the rate'' after ``covered
offense'' in each place it occurs.
(c) Uniform Crime Reports.--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, as
described in paragraph (1), of a person under the age of 18;
and
``(5) incidents of purchasing or soliciting commercial sex
acts, as described in paragraph (2), with an individual under
the age of 18.''.
SEC. 132. 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 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 new subparagraph:
``(F) where appropriate, to designate at least one
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. 133. PREVENTING HUMAN TRAFFICKING IN FOREIGN MISSIONS AND
DIPLOMATIC HOUSEHOLDS.
Subsection (a) of section 203 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1375c) is amended--
(1) in paragraph (2)--
(A) by striking ``for such period as the Secretary
determines necessary'' and inserting ``for the period
of at least one year or longer if the Secretary
determines a longer period is necessary''; and
(B) by striking ``the Secretary determines that
there is'' and all that follows until the end of the
paragraph and inserting ``there is an unpaid default
judgement directly or indirectly related to human
trafficking against the employer or a family member
accredited by the embassy, the employer or family
member has refused to agree to a voluntary interview
with United States law enforcement, or the diplomatic
mission or international organization hosting the
employer or family member has refused to waive immunity
in a human trafficking case brought by the United
States Government or to agree to prosecute the case in
the country that accredited the employer or family
member.''; and
(2) in paragraph (3)--
(A) by striking ``is in place''; and
(B) by inserting ``, as applicable, the default
judgment has been resolved, the employer or family
member has agreed to meet with United States law
enforcement, the diplomatic mission or international
organization hosting the employer or family member has
waived immunity for the employer or family member or
agreed to prosecute the case in the country that
accredited the employer or family member, or the
diplomatic mission or international organization
hosting the employer or family member has in place''
after ``appropriate congressional committees that''.
SEC. 134. ENCOURAGING STATE AND LOCAL CRIME-TIP ORGANIZATION TO REWARD
TIPS FIGHTING HUMAN TRAFFICKING.
Section 524(c)(1) of title 28, United States Code, is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(J) at the discretion of the Attorney General,
payments to reimburse operating expenses and program
costs incurred by crime tip organizations that annually
waive their qualification for awards for information
leading to forfeiture under subparagraph (C), and
annually waive their qualification for receiving
payment from equitably shared forfeiture funds, and
offer rewards for information about violations of
Federal criminal laws against human trafficking.''.
SEC. 135. ENSURING THAT TRAFFICKERS HELP PAY FOR CARE FOR VICTIMS.
Section 3014(a) of title 18, United States Code, is amended by
striking ``2019'' and inserting ``2021''.
SEC. 136. EXEMPTING FROM FEDERAL INCOME TAXATION CIVIL DAMAGES AWARDED
UNDER SECTION 1595 OF TITLE 18, UNITED STATES CODE.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139F the following new section:
``SEC. 139G. CERTAIN AMOUNT RECEIVED AS CIVIL DAMAGES AS RECOMPENSE FOR
TRAFFICKING IN PERSONS.
``(a) Exclusion From Gross Income.--Gross income shall not include
any civil damages, restitution, or other monetary award (including
compensatory or statutory damages and restitution imposed in a criminal
matter) awarded in an action under section 1595 of title 18, United
States Code.''.
Subtitle D--Monitoring Child, Forced, and Slave Labor
SEC. 141. 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 Undersecretary of the Bureau of
International Labor Affairs of the Department of Labor plays 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. 142. REPORT ON THE ENFORCEMENT OF SECTION 307 OF THE TARIFF ACT OF
1930.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the committees listed in subsection (b) a report
describing 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 Committees on Foreign Affairs, Financial Services,
Energy and Commerce, and the Judiciary of the House of
Representatives; and
(2) the Committees on the Judiciary, Health, Education,
Labor, and Pensions, Foreign Relations, Commerce, Science, and
Transportation, and 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 enforcing 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, including, but not
limited to, the issuance of Withhold Release Orders, the
detention of shipments, the issuance of civil penalties, and
the formal charging with criminal charges relating to the
forced labor scheme, taken as a result of these petitions and
investigations by type of action, date of action, commodity,
and country of origin in the past 10 years;
(7) with respect to any relevant petition filed during the
10-year period prior to 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 by paragraphs (1)
through (9), identify any regulatory obstacles or challenges to
enforcement of such provisions and provide recommendations for
actions that could be taken by the relevant Federal departments
and agencies to overcome these obstacles.
SEC. 143. 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(a) of this Act, 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--Monitoring Efforts To Combat Trafficking
SEC. 211. 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. 212. ENCOURAGING COUNTRIES TO MAINTAIN AND SHARE DATA ON HUMAN
TRAFFICKING EFFORTS.
Paragraphs (1) and (7) of section 108(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7106 (b)(1) and (b)(7)) are each
amended by striking the final sentence of such paragraphs.
SEC. 213. APPROPRIATE LISTING OF GOVERNMENTS INVOLVED IN HUMAN
TRAFFICKING.
Subsection (b) of section 110 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107(b)) is amended as follows:
(1) In paragraph (1)(C)--
(A) by striking ``and whose governments do not''
and inserting the following: ``and whose governments--
``(i) do not''; and
(B) by adding at the end the following new clauses:
``(ii) tolerate trafficking in government-
funded programs; or
``(iii) have a government-supported
practice of trafficking, including, for
example, by using forced labor in agriculture,
forestry, mining, or construction, permitting
sexual slavery in government camps, compounds,
or outposts, or employing child soldiers;''.
(2) In paragraph (2)--
(A) in subparagraph (A)(iii)(I), by inserting ``and
the country is not taking steps commensurate with the
size of the trafficking problem'' before the semicolon
at the end;
(B) in subparagraph (D)(ii), by striking ``2
years'' and inserting ``1 year''; and
(C) by adding at the end the following new
subparagraph:
``(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 that--
``(i) was included on the special watch
list described in subparagraph (A) for--
``(I) two consecutive years after
the date of the enactment of
subparagraph (D); and
``(II) any additional years after
such date of enactment by reason of the
President exercising the waiver
authority under clause (ii) of
subparagraph (D); and
``(ii) was subsequently included on the
list of countries described in paragraph
(1)(C),
may not thereafter be included on the special watch
list described in subparagraph (A) for more than 1
consecutive year.''.
SEC. 214. 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 seven
years, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report--
(A) describing any practices adopted by the
Department or the Agency 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 such practices have been adopted,
including 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
Web site of the Department of State.
(b) Child Protection Strategies in Watch List Countries.--The
Administrator of the United States Agency for International Development
shall incorporate into the relevant country development cooperation
strategy for each country on the special watch list described in
section 110(b)(2)(A) or the list described in section 110(b)(1)(C) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107
(b)(2)(A) and (b)(1)(C)), as amended by section 213 of this Act,
strategies for the protection of children and the reduction of the risk
of trafficking.
Subtitle B--Child Soldier Prevention Act of 2017
SEC. 221. 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 2015-2016 in Afghanistan, South Sudan, Sudan,
Burma, the Democratic Republic of 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 counter-terrorism operations, direct and
indirect combat, security operations, fight alongside regular
armies, and are targeted for violence by the Taliban as well as
by other opposition groups.
(5) In February 2016, a 10-year-old boy was assassinated by
the Taliban after he had been publically 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 2016 in South Sudan with the
return to hostilities.
(7) At least 650 children have been recruited and used in
armed conflict in South Sudan in 2016, and at least 16,000 have
been recruited since that country's civil war began in 2013.
SEC. 222. AMENDMENTS TO THE CHILD SOLDIERS PREVENTION ACT OF 2008.
(a) Definitions.--Section 402(2)(A) of the Child Soldiers
Prevention Act of 2008 (22 U.S.C. 2370c(2)(A)) is amended by inserting
``, police, or other security forces'' after ``governmental armed
forces'' each place it appears.
(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)(2), to read as follows:
``(2) Notification.--
``(A) In general.--Not later than 45 days after the
date of submission of each report required under
section 110(b) of the Trafficking Victims Protection
Act of 2000, the Secretary of State shall formally
notify each government included in the list required
under paragraph (1) that such government is so
included.
``(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 adding at the end before the
period 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), 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), 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), by
striking ``, during any of the 5 years following the
date of the enactment of this Act,'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (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 so 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 a country is notified pursuant to section 404(b)(2), or a
waiver is granted 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) of this section.''.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS UNDER THE TRAFFICKING VICTIMS
PROTECTION ACT OF 2000.
(a) In General.--Section 113 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7110), as amended by sections 114 and 143 of
this Act, is further amended by striking ``2017'' each place it appears
and inserting ``2021''.
(b) Human Smuggling and Trafficking Center.--Section 112A(b)(4) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a(b)(4))
is amended by striking ``2017'' and inserting ``2021''.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS UNDER THE TRAFFICKING VICTIMS
PROTECTION REAUTHORIZATION ACT OF 2005.
(a) In General.--Section 201(c)(2) of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044(c)(2)) is
amended by striking ``2017'' and inserting ``2021''.
(b) Assistance Programs for Certain Persons Subject to
Trafficking.--
(1) In general.--Section 202 of the Trafficking Victims
Protection Reauthorization Act of 2005 is amended by striking
``2017'' and inserting ``2021''.
(2) Repeal of sunset.--Section 1241 of the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4; 127 Stat.
149) is amended--
(A) by striking subsection (b); and
(B) by striking ``(a) In General.--Section 202''
and inserting ``Section 202''.
(c) Child Trafficking Deterrence Program.--Section 203 of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C.
14044b) is amended by striking ``2020'' and inserting ``2021''.
(d) Enhancing State and Local Efforts.--Section 204(e) of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C.
14044c(e)) is amended by striking ``2017'' and inserting ``2021''.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR ENHANCING EFFORTS TO
COMBAT THE TRAFFICKING OF CHILDREN.
Section 235(c)(6)(F) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(F)) is
amended--
(1) in the matter preceding clause (i), by inserting ``of
Health'' after ``Secretary''; and
(2) in clause (ii), by striking ``and 2017'' and inserting
``through 2021''.
SEC. 304. 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 (42 U.S.C. 16935h) is amended by striking ``and
2018'' and inserting ``through 2021''.
SEC. 305. 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 fiscal years 2017
through 2021 to expand outreach and live on-site anti-trafficking
training for airport and airline personnel.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS IN SUPPORT OF THE UNITED
STATES ADVISORY COUNCIL ON HUMAN TRAFFICKING.
Section 115 of the Justice for Victims of Trafficking Act of 2015
(Public Law 114-22; 129 Stat. 243), as amended by section 125, is
further amended by adding at the end the following:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State to carry out this section
$250,000 for each of fiscal years 2018 through 2021, including to
provide compensation to members of the Council in accordance with
subsection (f).''.
SEC. 307. TRANSPARENCY IN ANTI-TRAFFICKING EXPENDITURES.
(a) In General.--Any amounts made available to the United States
Agency for International Development for a fiscal year under an anti-
trafficking law may only be obligated or expended after the
Administrator of the Agency--
(1) submits to Congress a list of each contractor and
subcontractor (at any tier) that received funds from the Agency
under anti-trafficking laws in the prior fiscal year and the
amount of funds so received; and
(2) publishes such list on a publicly available Internet
Web site of the Agency that is dedicated to providing
information about the anti-trafficking expenditures of the
Agency.
(b) Anti-Trafficking Law Defined.--For purposes of this section,
the term ``anti-trafficking law'' means--
(1) the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.), as amended by this Act;
(2) the Trafficking Victims Protection Reauthorization Act
of 2003 (Public Law 108-193);
(3) the Trafficking Victims Protection Reauthorization Act
of 2005 (Public Law 109-164), as amended by this Act;
(4) the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457), as amended by
this Act;
(5) the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4), as amended by this Act;
(6) the International Megan's Law to Prevent Child
Exploitation and Other Sexual Crimes Through Advanced
Notification of Traveling Sex Offenders (42 U.S.C. 16935 et
seq.), as amended by this Act; or
(7) any other law authorizing programs, projects, or
activities addressing severe forms of trafficking in persons or
sex trafficking, as such terms are defined in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
(c) Effective Date.--The limitation under subsection (a) shall
apply with respect to amounts made available for any fiscal year
beginning after the date of the enactment of this Act.
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