[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1862 Engrossed in Senate (ES)]
<DOC>
115th CONGRESS
2d Session
S. 1862
_______________________________________________________________________
AN ACT
To amend the Trafficking Victims Protection Act of 2000 to modify the
criteria for determining whether countries are meeting the minimum
standards for the elimination of human trafficking, 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 ``Trafficking Victims Protection
Reauthorization Act of 2017''.
SEC. 2. DEFINITIONS.
Section 103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102) is amended--
(1) by redesignating paragraphs (5) through (15) as
paragraphs (7) through (17), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) Concrete actions.--The term `concrete actions' means
actions that demonstrate increased efforts by the government of
a country to meet the minimum standards for the elimination of
trafficking, including any of the following:
``(A) Enforcement actions taken.
``(B) Investigations actively underway.
``(C) Prosecutions conducted.
``(D) Convictions attained.
``(E) Training provided.
``(F) Programs and partnerships actively underway.
``(G) Efforts to prevent severe forms of
trafficking, including programs to reduce the
vulnerability of particularly vulnerable populations,
involving survivors of trafficking in community
engagement and policy making, engagement with foreign
migrants, ending recruitment fees, and other such
measures.
``(H) Victim services offered, including
immigration services and restitution.
``(I) The amount of money the government has
committed to the actions described in subparagraphs (A)
through (H).
``(6) Credible information.--The term `credible
information' includes all of the following:
``(A) Reports by the Department of State.
``(B) Reports of other Federal agencies, including
the Department of Labor's List of Goods Produced by
Child Labor or Forced Labor and List of Products
Produced by Forced Labor or Indentured Child Labor.
``(C) Documentation provided by a foreign country,
including--
``(i) copies of relevant laws, regulations,
and policies adopted or modified; and
``(ii) an official record of enforcement
actions taken, judicial proceedings, training
conducted, consultations conducted, programs
and partnerships launched, and services
provided.
``(D) Materials developed by civil society
organizations.
``(E) Information from survivors of human
trafficking, vulnerable persons, and whistleblowers.
``(F) All relevant media and academic reports that,
in light of reason and common sense, are worthy of
belief.
``(G) Information developed by multilateral
institutions.
``(H) An assessment of the impact of the actions
described in subparagraphs (A) through (I) of paragraph
(5) on the prevalence of human trafficking in the
country.''.
SEC. 3. SENSE OF CONGRESS.
(a) Private Sector Support to Strengthen Law Enforcement Agencies
and the Role of Private Businesses in Preventing and Combating Child
Sex Trafficking.--It is the sense of Congress that--
(1) the President should work with the private sector to
explore, develop, and use technology that strengthens Federal
law enforcement capabilities to combat traffickers and criminal
networks; and
(2) private businesses, both domestic and international,
should take every reasonable step to prevent and combat child
sex trafficking.
(b) Efforts to End Modern Slavery.--It is the sense of Congress
that any future authorization of appropriations to carry out the grant
program authorized under section 1298 of the Defense Authorization Act
for Fiscal Year 2017 (22 U.S.C. 7114) should simultaneously extend the
accountability provisions under subsections (c), (d), and (e) of such
section.
SEC. 4. PROHIBITION ON PLACEMENT OR RECRUITMENT FEES.
Section 106(g) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7104(g)) is amended--
(1) by redesignating clauses (i) through (iv) as paragraphs
(1) through (4), respectively, and moving such paragraphs 4 ems
to the left; and
(2) in paragraph (4), as redesignated--
(A) by redesignating subclauses (I) through (V) as
subparagraphs (A) through (E), respectively, and moving
such subparagraphs 4 ems to the left;
(B) in subparagraph (B), as redesignated, by
redesignating items (aa) and (bb) as clauses (i) and
(ii), respectively, and moving such clauses 4 ems to
the left; and
(C) in subparagraph (D), as redesignated, by
striking ``unreasonable placement or recruitment fees''
and all that follows through the period at the end and
inserting ``placement or recruitment fees.''.
SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
Section 108(b)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7106(b)(7)) is amended by inserting ``or enable'' after
``condone''.
SEC. 6. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS.
Section 110(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107) is amended--
(1) in paragraph (1)--
(A) by striking ``The report should'' and inserting
``The report shall, to the extent concurrent reporting
data is available, cover efforts and activities taking
place during the period between April 1 of the year
preceding the report and March 31 of the year in which
the report is made, and should'';
(B) in subparagraph (A), by inserting ``based only
on concrete actions taken by the country that are
recorded during the reporting period'' after ``such
standards'';
(C) in subparagraph (B) by inserting ``based only
on concrete actions taken by the country (excluding any
commitments by the country to take additional future
steps during the next year) that are recorded during
the reporting period'' after ``compliance'';
(D) in subparagraph (F), by striking ``and'' at the
end;
(E) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(F) by adding at the end the following:
``(H) for each country included in a different list
than the country had been placed in the previous annual
report, a detailed explanation of how the concrete
actions (or lack of such actions) undertaken (or not
undertaken) by the country during the previous
reporting period contributed to such change, including
a clear linkage between such actions and the minimum
standards enumerated in section 108.'';
(2) in paragraph (2)--
(A) in subparagraph (A)(iii)--
(i) in subclause (I), by adding ``or'' at
the end;
(ii) in subclause (II), by striking ``;
or'' and inserting a period; and
(iii) by striking subclause (III);
(B) in subparagraph (B), by striking ``the last
annual report'' and inserting ``April 1 of the previous
year'';
(C) in subparagraph (D)(ii), by striking ``2
years'' and inserting ``1 year''; and
(D) in subparagraph (E)--
(i) in the subparagraph heading, by
striking ``Public'' and inserting
``Congressional''; and
(ii) by striking ``shall provide'' and all
that follows and inserting the following:
``shall--
``(i) provide a detailed description of the
credible information supporting such
determination on a publicly available website
maintained by the Department of State; and
``(ii) offer to brief the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives on any written plan submitted
by the country under subparagraph (D)(ii)(I),
with an opportunity to review the written
plan.'';
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the semicolon
at the end and inserting a period; and
(C) by adding at the end the following:
``(D) the extent to which the government of the
country is devoting sufficient budgetary resources--
``(i) to investigate and prosecute acts of
severe trafficking in persons;
``(ii) to convict and sentence persons
responsible for such acts; and
``(iii) to obtain restitution for victims
of human trafficking;
``(E) the extent to which the government of the
country is devoting sufficient budgetary resources--
``(i) to protect and support victims of
trafficking in persons; and
``(ii) to prevent severe forms of
trafficking in persons; and
``(F) the extent to which the government of the
country has consulted with domestic and international
civil society organizations that resulted in concrete
actions to improve the provision of services to victims
of trafficking in persons.''; and
(4) by adding at the end the following:
``(4) Action plans for countries upgraded to tier 2
watchlist.--
``(A) In general.--Not later than 180 days after
the release of the annual Trafficking in Persons
Report, the Secretary of State, acting through the
Ambassador-at-Large of the Office to Monitor and Combat
Trafficking and the Assistant Secretary of the
appropriate regional bureau, in consultation with
appropriate officials from the government of each
country described in paragraph (2)(A)(ii), and with the
assistance of the United States Ambassador or Charge
d'Affaires in each country, shall--
``(i) prepare an action plan for each
country upgraded from Tier 3 to Tier 2
Watchlist to further improve such country's
tier ranking under this subsection; and
``(ii) present the relevant action plan to
the government of each such country.
``(B) Contents.--Each action plan prepared under
this paragraph--
``(i) shall include specific concrete
actions to be taken by the country to
substantively address deficiencies preventing
the country from meeting Tier 2 standards,
based on credible information; and
``(ii) should be focused on short-term and
multi-year goals.
``(C) Briefings.--The Ambassador-at-Large of the
Office to Monitor and Combat Trafficking and all
appropriate regional Assistant Secretaries shall make
themselves available to brief 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 on the implementation of each action
plan prepared under this paragraph.
``(D) Savings provision.--Nothing in this paragraph
may be construed as modifying--
``(i) minimum standards for the elimination
of trafficking under section 108; or
``(ii) the actions against governments
failing to meet minimum standards under this
section or the criteria for placement on the
Special Watch List under paragraph (2).''.
SEC. 7. COMMUNICATION WITH GOVERNMENTS OF COUNTRIES DESIGNATED AS TIER
2 WATCH LIST COUNTRIES ON THE TRAFFICKING IN PERSONS
REPORT.
(a) In General.--Not less than annually, the Secretary of State
shall provide, to the foreign minister of each country that has been
downgraded to a ``Tier 2 Watch List'' country pursuant to the
Trafficking in Persons report submitted under section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b))--
(1) a copy of the annual Trafficking in Persons report; and
(2) information pertinent to that country's downgrade,
including--
(A) confirmation of the country's designation to
the Tier 2 Watch List;
(B) the implications associated with such
designation and the consequences for the country of a
downgrade to Tier 3;
(C) the factors that contributed to the downgrade;
and
(D) the steps that the country must take to be
considered for an upgrade in status of designation.
(b) Sense of Congress Regarding Communications.--It is the sense of
Congress that, given the gravity of a Tier 2 Watch List designation,
the Secretary of State should communicate the information described in
subsection (a) to the foreign minister of any country downgraded to the
Tier 2 Watch List.
SEC. 8. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-TRAFFICKING
INTERVENTIONS IN MULTILATERAL DEVELOPMENT BANKS.
(a) Requirements.--The Secretary of the Treasury, in consultation
with the Secretary of State, acting through the Ambassador at Large for
Monitoring and Combating Trafficking in Persons, shall instruct the
United States Executive Director of each multilateral development bank
to initiate discussions with the other executive directors and
management of the respective multilateral development bank to--
(1) further develop anti-human trafficking provisions in
relevant project development, safeguards, procurement, and
evaluation policies;
(2) employing a risk-based approach, require human
trafficking risk assessments and integration plans as a routine
part of developing projects through existing, forthcoming or
new mechanisms and processes;
(3) support analyses of the impact of severe forms of
trafficking in persons on key indicators of economic and social
development and of the benefits of reducing human trafficking
on economic and social development;
(4) support the proactive integration of effective anti-
trafficking interventions into projects with the objectives of
enhancing development outcomes and reducing the incidence of
severe forms of trafficking in project areas;
(5) increase the capacity of multilateral development banks
and of recipient governments to conduct human trafficking risk
assessments and integrate anti-trafficking interventions into
projects;
(6) support the development of meaningful risk mitigation
and reduction policies, regulations, and strategies within the
multilateral development banks to reduce the incidence and
prevalence of severe forms of trafficking in persons and
enhance development outcomes that may be improved by reducing
the incidence and prevalence of human trafficking; and
(7) support the inclusion of human trafficking risk
analysis in the development of relevant country strategies by
each multilateral development bank.
(b) Briefings.--The Secretary of the Treasury shall make relevant
officials available to brief the Committee on Foreign Relations of the
Senate, the Committee on Appropriations of the Senate, the Committee on
Financial Services of the House of Representatives, and the Committee
on Appropriations of the House of Representatives on the implementation
of this section.
Passed the Senate December 17, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 1862
_______________________________________________________________________
AN ACT
To amend the Trafficking Victims Protection Act of 2000 to modify the
criteria for determining whether countries are meeting the minimum
standards for the elimination of human trafficking, and for other
purposes.