[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1862 Reported in Senate (RS)]
<DOC>
Calendar No. 623
115th CONGRESS
2d Session
S. 1862
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2017
Mr. Corker (for himself, Mr. Menendez, Mr. Rubio, Mr. Cardin, and Mr.
Coons) introduced the following bill; which was read twice and referred
to the Committee on Foreign Relations
October 5, 2018
Reported by Mr. Corker, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Trafficking Victims
Protection Reauthorization Act of 2017''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> Section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (5) through (15)
as paragraphs (7) through (17), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (4) the
following:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) Enforcement actions taken.</DELETED>
<DELETED> ``(B) Investigations actively
underway.</DELETED>
<DELETED> ``(C) Prosecutions conducted.</DELETED>
<DELETED> ``(D) Convictions attained.</DELETED>
<DELETED> ``(E) Training provided.</DELETED>
<DELETED> ``(F) Programs and partnerships actively
underway.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(H) Victim services offered, including
immigration services and restitution.</DELETED>
<DELETED> ``(I) The amount of money the government
has committed to the actions described in subparagraphs
(A) through (H).</DELETED>
<DELETED> ``(6) Credible evidence.--The term `credible
evidence' includes all of the following:</DELETED>
<DELETED> ``(A) Reports by the Department of
State.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Documentation provided by a foreign
country, including--</DELETED>
<DELETED> ``(i) copies of relevant laws,
regulations, and policies adopted or modified;
and</DELETED>
<DELETED> ``(ii) an official record of
enforcement actions taken, judicial
proceedings, training conducted, consultations
conducted, programs and partnerships launched,
and services provided.</DELETED>
<DELETED> ``(D) Materials developed by civil society
organizations.</DELETED>
<DELETED> ``(E) Information from survivors of human
trafficking, vulnerable persons, and
whistleblowers.</DELETED>
<DELETED> ``(F) All relevant media and academic
reports that, in light of reason and common sense, are
worthy of belief.</DELETED>
<DELETED> ``(G) Information developed by
multilateral institutions.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3. SENSE OF CONGRESS REGARDING PRIVATE SECTOR SUPPORT TO
STRENGTHEN LAW ENFORCEMENT AGENCIES AND THE ROLE OF
PRIVATE BUSINESSES IN PREVENTING AND COMBATING CHILD SEX
TRAFFICKING.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) private businesses, both domestic and
international, should take every reasonable step to prevent and
combat child sex trafficking.</DELETED>
<DELETED>SEC. 4. PROHIBITION ON PLACEMENT OR RECRUITMENT
FEES.</DELETED>
<DELETED> Section 106(g) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7104(g)) is amended--</DELETED>
<DELETED> (1) by redesignating clauses (i) through (iv) as
paragraphs (1) through (4), respectively, and moving such
paragraphs 4 ems to the left; and</DELETED>
<DELETED> (2) in paragraph (4), as redesignated--</DELETED>
<DELETED> (A) by redesignating subclauses (I)
through (V) as subparagraphs (A) through (E),
respectively, and moving such subparagraphs 4 ems to
the left;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF
TRAFFICKING.</DELETED>
<DELETED> Section 108(b) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7106(b)) is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by inserting ``and without bias''
after ``vigorously'';</DELETED>
<DELETED> (B) by striking ``if the government'' and
inserting the following: ``if--</DELETED>
<DELETED> ``(A) the government'';</DELETED>
<DELETED> (C) by striking ``such acts and the
Secretary'' and inserting the following: ``such
acts;</DELETED>
<DELETED> ``(B) the Secretary''; and</DELETED>
<DELETED> (D) by striking ``such data.'' and
inserting the following: ``such data; and</DELETED>
<DELETED> ``(C) the Secretary has included a
description of such data and a description of such good
faith efforts to collect such data in the annual
Trafficking in Persons Report.''; and</DELETED>
<DELETED> (2) in paragraph (7)--</DELETED>
<DELETED> (A) by inserting ``and without bias''
after ``vigorously'';</DELETED>
<DELETED> (B) by inserting ``or enable'' after
``condone'';</DELETED>
<DELETED> (C) by striking ``if the government'' and
inserting the following: ``if--</DELETED>
<DELETED> ``(A) the government'';</DELETED>
<DELETED> (D) by striking ``such acts and the
Secretary'' and inserting the following: ``such
acts;</DELETED>
<DELETED> ``(B) the Secretary''; and</DELETED>
<DELETED> (E) by striking ``such data.'' and
inserting the following: ``such data; and</DELETED>
<DELETED> ``(C) the Secretary has included a
description of such data in the annual Trafficking in
Persons Report.''.</DELETED>
<DELETED>SEC. 6. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.</DELETED>
<DELETED> Section 110(b) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7107) is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (D) by amending subparagraph (C) to read
as follows:</DELETED>
<DELETED> ``(C) a list of those countries, if any,
to which the minimum standards for the elimination of
trafficking are applicable, and whose governments--
</DELETED>
<DELETED> ``(i) do not fully comply with
such standards and are not making significant
efforts to bring themselves into
compliance;</DELETED>
<DELETED> ``(ii) tolerate trafficking in
government-funded programs; or</DELETED>
<DELETED> ``(iii) have a government-
supported practice of--</DELETED>
<DELETED> ``(I)
trafficking;</DELETED>
<DELETED> ``(II) facilitating the
use of forced labor (such as in
agriculture, forestry, mining, or
construction);</DELETED>
<DELETED> ``(III) permitting sexual
slavery in government camps, compounds,
or outposts; or</DELETED>
<DELETED> ``(IV) employing child
soldiers;'';</DELETED>
<DELETED> (E) in subparagraph (F), by striking
``and'' at the end;</DELETED>
<DELETED> (F) in subparagraph (G), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (G) by adding at the end the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (A)(iii)--</DELETED>
<DELETED> (i) in subclause (I), by adding
``or'' at the end;</DELETED>
<DELETED> (ii) in subclause (II), by
striking ``; or'' and inserting a period;
and</DELETED>
<DELETED> (iii) by striking subclause
(III);</DELETED>
<DELETED> (B) in subparagraph (B), by striking ``the
last annual report'' and inserting ``April 1 of the
previous year'';</DELETED>
<DELETED> (C) in subparagraph (D)--</DELETED>
<DELETED> (i) in clause (i), by striking
``2008,'' and all that follows and inserting--
</DELETED>
<DELETED> ``2008--</DELETED>
<DELETED> ``(I) shall be included on
the list of countries described in
paragraph (1)(C); and</DELETED>
<DELETED> ``(II) shall be required
to meet the requirements specified in
paragraph (1)(B) before the country may
be removed from the list of countries
described in paragraph (1)(C).'';
and</DELETED>
<DELETED> (ii) in clause (ii), by striking
``2 years'' and inserting ``1 year'';
and</DELETED>
<DELETED> (D) in subparagraph (E)--</DELETED>
<DELETED> (i) in the subparagraph heading,
by striking ``Public'' and inserting
``Congressional''; and</DELETED>
<DELETED> (ii) by striking ``shall provide''
and all that follows and inserting the
following: ``shall--</DELETED>
<DELETED> ``(i) provide a detailed
description of the credible evidence supporting
such determination on a publicly available
website maintained by the Department of State;
and</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``and'' at the end;</DELETED>
<DELETED> (B) in subparagraph (C), by striking the
semicolon at the end and inserting a period;
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(D) the extent to which the government
of the country is devoting sufficient budgetary
resources--</DELETED>
<DELETED> ``(i) to investigate and prosecute
acts of severe trafficking in
persons;</DELETED>
<DELETED> ``(ii) to convict and sentence
persons responsible for such acts;
and</DELETED>
<DELETED> ``(iii) to obtain restitution for
victims of human trafficking;</DELETED>
<DELETED> ``(E) the extent to which the government
of the country is devoting sufficient budgetary
resources--</DELETED>
<DELETED> ``(i) to protect and rehabilitate
victims of trafficking in persons;
and</DELETED>
<DELETED> ``(ii) to prevent severe forms of
trafficking in persons; and</DELETED>
<DELETED> ``(F) the extent to which the government
of the country has consulted with domestic and
international civil society organizations to improve
the provision of services to victims of trafficking in
persons.''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(4) Action plans for countries upgraded to tier
2 watchlist.--</DELETED>
<DELETED> ``(A) In general.--Not later than 180 days
after the release of the annual Trafficking in Persons
Report, 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), shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) present the relevant action
plan to the government of each such
country.</DELETED>
<DELETED> ``(B) Coordination.--The United States
Ambassador or Charge d'Affaires of the country for
which an action plan is being prepared, in consultation
with the Ambassador-at-Large of the Office to Monitor
and Combat Trafficking in Persons, shall be responsible
for coordinating all necessary diplomatic engagement to
prepare such plan.</DELETED>
<DELETED> ``(C) Contents.--Each action plan prepared
under this paragraph--</DELETED>
<DELETED> ``(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 evidence; and</DELETED>
<DELETED> ``(ii) should be focused on short-
term and multiyear goals.</DELETED>
<DELETED> ``(D) 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.</DELETED>
<DELETED> ``(E) Savings provision.--Nothing in this
paragraph may be construed as modifying--</DELETED>
<DELETED> ``(i) minimum standards for the
elimination of trafficking under section 108;
or</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 7. COMMUNICATION WITH GOVERNMENTS OF COUNTRIES DESIGNATED
AS TIER 2 WATCH LIST COUNTRIES ON THE TRAFFICKING IN
PERSONS REPORT.</DELETED>
<DELETED> (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))--
</DELETED>
<DELETED> (1) a copy of the annual Trafficking in Persons
report; and</DELETED>
<DELETED> (2) information pertinent to that country's
downgrade, including--</DELETED>
<DELETED> (A) confirmation of the country's
designation to the Tier 2 Watch List;</DELETED>
<DELETED> (B) the implications associated with such
designation and the consequences for the country of a
downgrade to Tier 3;</DELETED>
<DELETED> (C) the factors that contributed to the
downgrade; and</DELETED>
<DELETED> (D) the steps that the country must take
to be considered for an upgrade in status of
designation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 113 of the Trafficking Victims Prevention Act of
2000 (22 U.S.C. 7110) is amended--</DELETED>
<DELETED> (1) by striking subsection (a) and inserting the
following:</DELETED>
<DELETED> ``(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 2023, $12,500,000
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.'';</DELETED>
<DELETED> (2) by striking subsection (c) and inserting the
following:</DELETED>
<DELETED> ``(c) Authorization of Appropriations for the Department
of State.--</DELETED>
<DELETED> ``(1) Assistance to combat trafficking.--There are
authorized to be appropriated to the Department of State, for
each of the fiscal years 2018 through 2023, $64,800,000, which
shall be used--</DELETED>
<DELETED> ``(A) to carry out sections 106 and
107(a);</DELETED>
<DELETED> ``(B) to carry out section 134 of the
Foreign Assistance Act of 1961 (22 U.S.C.
2152d);</DELETED>
<DELETED> ``(C) to assist countries in meeting the
minimum standards described in section 108;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) End modern slavery initiative.--</DELETED>
<DELETED> ``(A) In general.--There are authorized to
be appropriated to the Department of State, for each of
the fiscal years 2021 through 2023, $37,500,000, which
shall be used to reduce the prevalence of modern
slavery globally.</DELETED>
<DELETED> ``(B) Use of funds.--The Secretary of
State may obligate amounts appropriated pursuant to
subparagraph (A), on an incremental basis--</DELETED>
<DELETED> ``(i) to carry out the grant
program authorized under section 1298(b) of the
National Defense Authorization Act for Fiscal
Year 2017 (22 U.S.C. 7114 note); and</DELETED>
<DELETED> ``(ii) to ensure the effective and
efficient implementation of program
activities.'';</DELETED>
<DELETED> (3) by striking subsection (e); and</DELETED>
<DELETED> (4) by redesignating subsections (f), (g), (h),
and (i) as subsections (e), (f), (g), and (h),
respectively.</DELETED>
<DELETED>SEC. 9. REQUIREMENTS FOR STRATEGIES TO PREVENT
TRAFFICKING.</DELETED>
<DELETED> (a) Report on New Practices To Combat Trafficking.--
</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) describes any practices adopted by the
Department or the Agency--</DELETED>
<DELETED> (i) to better combat trafficking
in persons, in accordance with the results of
the study conducted under section 101(b) of the
Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164); and</DELETED>
<DELETED> (ii) to reduce the risk of
trafficking in post-conflict or post-disaster
areas; or</DELETED>
<DELETED> (B) includes a strategy to reduce the risk
of trafficking in the areas referred to in subparagraph
(A)(ii), if none of the practices referred to in
subparagraph (A) have been adopted.</DELETED>
<DELETED> (2) Public availability.--Each report submitted
under paragraph (1) shall be posted on a publicly available
website of the Department of State.</DELETED>
<DELETED> (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 paragraph (2)(A) of section 110(b) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7107(b)) or on the list
described in paragraph (1)(C) of such section, strategies for the
protection of children and the reduction of the risk of
trafficking.</DELETED>
<DELETED>SEC. 10. CHILD SOLDIER PREVENTION.</DELETED>
<DELETED> (a) Short Title.--This section may be cited as the ``Child
Soldier Prevention Act of 2017''.</DELETED>
<DELETED> (b) Findings.--Congress finds the following:</DELETED>
<DELETED> (1) The recruitment or use of children in armed
conflict is unacceptable for any government or government-
supported entity receiving United States assistance.</DELETED>
<DELETED> (2) The recruitment or use of children in armed
conflict, including direct combat, support roles, and sexual
slavery, occurred during 2015 and 2016 in Afghanistan, South
Sudan, Sudan, Burma, the Democratic Republic of the Congo,
Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.</DELETED>
<DELETED> (3) Entities of the Government of Afghanistan,
particularly the Afghan Local Police and the Afghan National
Police, continue to recruit children to serve as combatants or
as servants, including as sex slaves.</DELETED>
<DELETED> (4) Police forces of the Government of Afghanistan
participate in counterterrorism operations, direct and indirect
combat, and security operations, fight alongside regular
armies, and are targeted for violence by the Taliban and by
other opposition groups.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) The recruitment and use of children in armed
conflict by government forces continued during 2016 in South
Sudan with the return to hostilities.</DELETED>
<DELETED> (7) At least 650 children have been recruited and
used in armed conflict in South Sudan during 2016, and at least
16,000 children have been recruited since that country's civil
war began in 2013.</DELETED>
<DELETED> (c) Amendments to the Child Soldiers Prevention Act of
2008.--</DELETED>
<DELETED> (1) Definitions.--Section 402 of the Child
Soldiers Prevention Act of 2008 (22 U.S.C. 2370c) is amended--
</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (A), by
inserting ``, police, or other security
forces'' after ``governmental armed forces''
each place such phrase appears; and</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking ``clauses'' and inserting ``clause'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(3) Nonlethal supplies.--The term `nonlethal
supplies' means property, other than real property, of the
Department of Defense that is not a weapon, ammunition, or
other equipment or material that is designed to inflict serious
bodily harm or death.''.</DELETED>
<DELETED> (2) Prohibition.--Section 404 of such Act (22
U.S.C. 2370c-1) is amended--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) by inserting ``, police, other
security forces,'' after ``governmental armed
forces''; and</DELETED>
<DELETED> (ii) by striking ``recruit and use
child soldiers'' and inserting ``recruit or use
child soldiers'';</DELETED>
<DELETED> (B) in subsection (b), by amending
paragraph (2) to read as follows:</DELETED>
<DELETED> ``(2) Notification.--</DELETED>
<DELETED> ``(A) In general.--Not later than 45 days
after the submission of each report required 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 required under paragraph (1) of its inclusion on
such list.</DELETED>
<DELETED> ``(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 under subparagraph (A) have been
completed.''; and</DELETED>
<DELETED> (C) 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 to a country subject to the prohibition under
subsection (a)''.</DELETED>
<DELETED> (3) Reports.--Section 405 of such Act (22 U.S.C.
2370c-2) is amended--</DELETED>
<DELETED> (A) in subsection (c)--</DELETED>
<DELETED> (i) in the matter preceding
paragraph (1)--</DELETED>
<DELETED> (I) by striking ``, during
any of the 5 years following the date
of the enactment of this Act,'';
and</DELETED>
<DELETED> (II) by striking
``wavier'' and inserting
``waiver'';</DELETED>
<DELETED> (ii) by redesignating paragraphs
(2), (3), and (4) as paragraphs (3), (4), and
(5), respectively;</DELETED>
<DELETED> (iii) by inserting after paragraph
(1) the following:</DELETED>
<DELETED> ``(2) a description and the amount of any
assistance withheld under this title pursuant to the
application of the prohibition under section 404(a) to those
countries;''; and</DELETED>
<DELETED> (iv) in paragraph (5), as
redesignated, by inserting ``and the amount''
after ``a description''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(d) Information To Be Included in Annual Trafficking in
Persons Report.--If a country is notified pursuant to section
404(b)(2), or if 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
under subsection (c).''.</DELETED>
<DELETED>SEC. 11. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-
TRAFFICKING INTERVENTIONS IN MULTILATERAL DEVELOPMENT
BANKS.</DELETED>
<DELETED> (a) Requirements.--The Secretary of the Treasury, in
consultation with the Department of State's 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--
</DELETED>
<DELETED> (1) further develop anti-human trafficking
provisions in relevant project development, safeguards,
procurement, and evaluation policies;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (7) support the inclusion of human trafficking
risk analysis in the development of relevant country strategies
by each multilateral development bank.</DELETED>
<DELETED> (b) Briefings.--The Secretary of the Treasury shall make
relevant officials available to brief the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on Foreign Affairs and the Committee on Appropriations of the
House of Representatives on the implementation of this
section.</DELETED>
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 unreasonable 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 evidence.--The term `credible evidence'
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. 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. 5. 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 evidence 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 evidence; 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. 6. 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. 7. 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.
Calendar No. 623
115th CONGRESS
2d Session
S. 1862
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
October 5, 2018
Reported with an amendment