Text: H.R.2200 — 115th Congress (2017-2018)All Information (Except Text)

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Referred in Senate (07/13/2017)


115th CONGRESS
1st Session
H. R. 2200


IN THE SENATE OF THE UNITED STATES

July 13, 2017

Received; read twice and referred to the Committee on Foreign Relations


AN ACT

To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 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.

Sec. 101. Grants to assist in the recognition of trafficking.

Sec. 102. Preventing future trafficking in the United States through receipt of complaints abroad.

Sec. 103. Modification to grants for victims services.

Sec. 111. Required training to prevent human trafficking for certain contracting air carriers.

Sec. 112. Priority for use of funds for lodging expenses at accommodations lacking certain policies relating to child sexual exploitation.

Sec. 113. Ensuring United States procurement does not fund human trafficking.

Sec. 114. Training course on human trafficking and Government contracting.

Sec. 115. Modifications to the advisory council on human trafficking.

Sec. 116. Sense of Congress on strengthening Federal efforts to reduce demand.

Sec. 117. Sense of Congress on the senior policy operating group.

Sec. 121. Demand reduction strategies in the United States.

Sec. 122. Designation of a labor prosecutor to enhance State and local efforts to combat trafficking in persons.

Sec. 123. Preventing human trafficking in foreign missions and diplomatic households.

Sec. 124. Ensuring that traffickers help pay for care for victims.

Sec. 131. Sense of Congress.

Sec. 132. Report on the enforcement of section 307 of the Tariff Act of 1930.

Sec. 133. Modification to list of child-made and slavery-made goods.

Sec. 201. Including the Secretary of the Treasury and the United States Trade Representative as a member of the interagency task force to monitor and combat trafficking.

Sec. 202. Encouraging countries to maintain and share data on human trafficking efforts.

Sec. 203. Appropriate listing of governments involved in human trafficking.

Sec. 204. Requirements for strategies to prevent trafficking.

Sec. 205. Expansion of Department of State rewards program.

Sec. 206. Briefing on countries with primarily migrant workforces.

Sec. 207. Report on recipients of funding from the United States Agency for International Development.

Sec. 211. Findings.

Sec. 212. Amendments to the Child Soldiers Prevention Act of 2008.

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. 101. Grants to assist in the recognition of trafficking.

(a) Grants To assist in recognition of trafficking.—Section 106(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(b)) is amended—

(1) by striking “The President” and inserting the following:

“(1) IN GENERAL.—The President”; and

(2) by adding at the end the following:

“(2) GRANTS TO ASSIST IN THE RECOGNITION OF TRAFFICKING.—

“(A) IN GENERAL.—The Secretary of Health and Human Services may award grants to local educational agencies, in partnership with a nonprofit, nongovernmental agency, to establish, expand, and support programs—

“(i) to educate school staff to recognize and respond to signs of labor trafficking and sex trafficking; and

“(ii) to provide age-appropriate information to students on how to avoid becoming victims of labor trafficking and sex trafficking.

“(B) PROGRAM REQUIREMENTS.—Amounts awarded under this paragraph shall be used for—

“(i) education on—

“(I) how to avoid becoming victims of labor trafficking and sex trafficking;

“(II) indicators that an individual is a victim or potential victim of labor trafficking or sex trafficking;

“(III) options and procedures for referring such an individual, as appropriate, to information on such trafficking and services available for victims of such trafficking;

“(IV) reporting requirements and procedures in accordance with applicable Federal and State law; and

“(V) how to carry out activities authorized under subparagraph (A)(ii); and

“(ii) a plan, developed and implemented in consultation with local law enforcement agencies, to ensure the safety of school staff and students reporting such trafficking.

“(C) PRIORITY.—In awarding grants under this paragraph, the Secretary shall give priority to local educational agencies serving a high-intensity child sex trafficking area.

“(D) DEFINITIONS.—In this paragraph:

“(i) ESEA TERMS.—The terms ‘elementary school’, ‘local educational agency’, ‘other staff’, and ‘secondary school’ have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(ii) HIGH-INTENSITY CHILD SEX TRAFFICKING AREA.—The term ‘high-intensity child sex trafficking area’ means a metropolitan area designated by the Director of the Federal Bureau of Investigation as a high-intensity child prostitution area.

“(iii) LABOR TRAFFICKING.—The term ‘labor trafficking’ means conduct described in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)).

“(iv) SCHOOL STAFF.—The term ‘school staff’ means teachers, nurses, school leaders and administrators, and other staff at elementary schools and secondary schools.

“(v) SEX TRAFFICKING.—The term ‘sex trafficking’ means the conduct described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(A)).”.

(b) Inclusion in authorization of appropriations.—Section 113(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(b)(1)) is amended by striking “section 107(b)” and inserting “sections 106(b) and 107(b)”.

SEC. 102. Preventing future trafficking in the United States through receipt of complaints abroad.

(a) In general.—The Secretary of State shall ensure that each diplomatic or consular post or other mission designates an employee to be responsible for receiving information from 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. 103. Modification to grants for victims services.

Section 107(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(A)) is amended by striking “programs for” and all that follows and inserting the following:

““programs for victims of human trafficking, including programs that provide trauma-informed care or 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.”.

SEC. 111. Required training to prevent human trafficking for certain contracting air carriers.

(a) In general.—Section 40118 of title 49, United States Code, is amended by adding at the end the following:

“(g) Training requirements.—The Administrator of General Services shall ensure that any contract entered into for provision of air transportation with a domestic carrier under this section requires that the contracting air carrier 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 the National Human Trafficking Hotline or law enforcement at the relevant airport of the potential human trafficking victim for each such notification of potential human trafficking, and if so, when the notification was made.”.

(b) Applicability.—The amendment made by subsection (a) shall apply to any contract entered into after the date of enactment of this Act.

(c) Exception.—The amendment made by subsection (a) shall not apply to any contract entered into by the Secretary of Defense.

SEC. 112. 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 amended by adding at the end the following:

§ 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 and within the United States, 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 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. 113. 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 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 CFR 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 type 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 Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Education and the Workforce, the Committee on the Judiciary, and the Committee on Oversight and Government Reform of the House of Representatives; and

“(B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on the Judiciary, and the Committee on Health, Education, Labor, and Pensions of the Senate.”.

SEC. 114. Training course on human trafficking and Government contracting.

Any curriculum (including any continuing education curriculum) for the acquisition workforce used by the Federal Acquisition Institute established under section 1201 of title 41, United States Code, shall include at least one course, which shall be at least 30 minutes, on the law and regulations relating to human trafficking and Government contracting.

SEC. 115. 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. 116. 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 sex and labor 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. 117. 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.).

SEC. 121. Demand reduction strategies in the United States.

(a) Department of Justice task force.—Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—

(1) in subparagraph (Q)(vii), by striking “and” at the end;

(2) in subparagraph (R), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following 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—

(1) by inserting “, noting the number of covered offenders” after “covered offense” in each place it occurs;

(2) in the matter preceding clause (i), by striking “rates” and inserting “number”;

(3) in clause (i), by striking “arrest” and inserting “arrests”;

(4) in clause (ii), by striking “prosecution” and inserting “prosecutions”; and

(5) in clause (iii), by striking “conviction” and inserting “convictions”.

SEC. 122. Designation of a labor prosecutor to enhance State and local efforts to combat trafficking in persons.

Section 204(a)(1) of the Trafficking Victims Protection Reauthorization Act of 2005 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. 123. 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. 124. 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. 131. Sense of Congress.

It is the sense of Congress that—

(1) foreign assistance that addresses poverty alleviation and humanitarian disasters reduces the vulnerability of men, women, and children to human trafficking and is a crucial part of the response of the United States to modern-day slavery;

(2) the Deputy Under Secretary of the Bureau of International Labor Affairs of the Department of Labor and the grant programs administered by the Deputy Under Secretary play a critical role in preventing and protecting children from the worst forms of child labor, including situations of trafficking, and in reducing the vulnerabilities of men and women to situations of forced labor and trafficking; and

(3) the Secretary of Labor also plays a critical role in helping other Federal departments and agencies to prevent goods made with forced and child labor from entering the United States by consulting with such departments and agencies to reduce forced and child labor internationally and ensuring that products made by forced labor and child labor in violation of international standards are not imported into the United States.

SEC. 132. Report on the enforcement of section 307 of the Tariff Act of 1930.

(a) In general.—Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit 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 Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on the Judiciary, and the Committee on Ways and Means of the House of Representatives; and

(2) the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Commerce, Science, and Transportation, the Committee on the Judiciary, and the Committee on Finance of the Senate.

(c) Requirements.—The report required under subsection (a) shall—

(1) describe the role and best practices of private-sector employers in the United States in complying with the provisions of section 307 of the Tariff Act of 1930;

(2) describe any efforts or programs undertaken by relevant Federal, State, or local government agencies to encourage employers, directly or indirectly, to comply with such provisions;

(3) describe the roles of the relevant Federal departments and agencies in overseeing and regulating such provisions, and the oversight and enforcement mechanisms used by such departments or agencies;

(4) provide concrete, actual case studies or examples of how such provisions are enforced;

(5) identify the number of petitions received and cases initiated (whether by petition or otherwise) or investigated by each relevant Federal department or agency charged with implementing and enforcing such provisions, as well as the dates petitions were received or investigations were initiated, and their current statuses;

(6) identify any enforcement actions, 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. 133. Modification to list of child-made and slavery-made goods.

(a) In general.—Section 105(b)(2)(C) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)) is amended by inserting “, including, to the extent practicable, goods that are produced with inputs that are produced with forced labor or child labor” after “international standards”.

(b) Inclusion in authorization of appropriations.—Amounts appropriated pursuant to the authorization of appropriations under section 113(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(f)), as amended by section 301(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).

SEC. 201. Including the Secretary of the Treasury and the United States Trade Representative as a member of the interagency task force to monitor and combat trafficking.

Section 105(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting “the Secretary of the Treasury, the United States Trade Representative,” after “the Secretary of Education,”.

SEC. 202. Encouraging countries to maintain and share data on human trafficking efforts.

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. 203. 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)—

(A) in subparagraph (C)—

(i) by striking “and whose governments do not” and inserting the following: “and whose governments—

“(i) do not”; and

(ii) by adding at the end the following new clauses:

“(ii) tolerate trafficking in government-funded programs; or

“(iii) have a government-supported practice of—

“(I) trafficking;

“(II) facilitating the use of forced labor (such as in agriculture, forestry, mining, or construction);

“(III) permitting sexual slavery in government camps, compounds, or outposts; or

“(IV) employing child soldiers;”;

(B) in subparagraph (F), by striking “and” at the end;

(C) in subparagraph (G), by striking the period at the end and inserting “; and”; and

(D) 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 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)—

(I) by inserting “and the country is not taking steps commensurate with the size of the trafficking problem” before the semicolon at the end; and

(II) 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)—

(i) in clause (i), by striking “the date of the enactment of this subparagraph,” and all that follows and inserting—

“ the date of the enactment of this subparagraph—

“(I) shall be included on the list of countries described in paragraph (1)(C); and

“(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).”;

(ii) in clause (ii)—

(I) by striking “2 years” and inserting “1 year”;

(II) in subclause (II), by striking “and”;

(III) in subclause (III), by striking the period at the end and inserting “; and”; and

(IV) by adding at the end the following:

“(IV) the country has taken concrete actions to implement the principal recommendations of the most recent annual report on trafficking in persons with respect to that country.”; and

(iii) by adding at the end the following:

“(iii) WRITTEN PLAN.—The Secretary of State shall endeavor to work with each country that receives a waiver under clause (ii) and with civil society organizations in each country to draft and implement a written plan described in such clause.”;

(D) in subparagraph (E)—

(i) by striking “through (III)” and inserting “through (IV)”; and

(ii) by striking “shall provide” and all that follows and inserting the following: “shall provide, on a publicly available website maintained by the Department of State—

“(i) a detailed description of the credible evidence supporting such determination;

“(ii) the written plan submitted by the country under subparagraph (D)(ii)(I); and

“(iii) supporting documentation providing credible evidence of—

“(I) each concrete action by the country to bring itself into compliance with the minimum standards for the elimination of trafficking, including copies of relevant laws or regulations adopted or modified; and

“(II) any actions taken by that country to enforce the minimum standards for the elimination of trafficking, as appropriate.”.

(E) 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.”.

(3) In paragraph (3)—

(A) in subparagraph (B), by striking “and” at the end;

(B) in subparagraph (C), by striking the period at the end and inserting a semicolon; 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 rehabilitate victims of trafficking in persons; and

“(ii) to prevent trafficking in persons;

“(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

“(G) whether—

“(i) government officials participate in or facilitate forced labor and human trafficking; and

“(ii) the government maintains policies that provide incentives for or otherwise support the participation in or facilitation of forced labor and human trafficking by officials at any level of government.”.

(4) By adding at the end the following:

“(4) SPECIAL RULE FOR CHANGES IN CERTAIN DETERMINATIONS.—Not later than 90 days after the submission of each annual report under paragraph (1), the Secretary of State shall submit a detailed description of the credible evidence supporting a change in listing of a country, accompanied by copies of documents providing such evidence, as appropriate, to the appropriate congressional committees not later than 90 days after the submission of that report if—

“(A) a country is included on a list of countries described in paragraph (1)(C) in an annual report submitted in calendar year 2015 or in any calendar year thereafter; and

“(B) in the annual report submitted in the next calendar year, the country is listed on a list of countries described in paragraph (1)(B).

“(5) WRITTEN PLAN.—The Secretary of State shall endeavor to work with each country that has been listed pursuant to paragraph (1)(C) in the most recent annual report and civil society organizations to draft and implement the written plan described in paragraph (2)(D)(ii).

“(6) DEFINITIONS.—In this subsection:

“(A) CONCRETE ACTIONS.—The term ‘concrete actions’ means any of the following actions that demonstrably improve the condition of a substantial number of victims of human trafficking and persons vulnerable to human trafficking:

“(i) Enforcement actions taken.

“(ii) Investigations actively underway.

“(iii) Prosecutions conducted.

“(iv) Convictions attained.

“(v) Training provided.

“(vi) Programs and partnerships actively underway.

“(vii) Victim services offered, including immigration services and restitution.

“(viii) The amount of money the government in question has committed to the actions described in clauses (i) through (vii).

“(ix) An assessment of the impact of such actions on the prevalence of human trafficking in the country.

“(B) CREDIBLE EVIDENCE.—The term ‘credible evidence’ means information relied upon by the Department of State to make determinations relating to the provisions set forth in this division, including—

“(i) reports by the Department of State;

“(ii) 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;

“(iii) documentation provided by a foreign country, including copies of relevant laws, regulations, policies adopted or modified, enforcement actions taken and judicial proceedings, training conducted, consultations conducted, programs and partnerships launched, and services provided;

“(iv) materials developed by civil society organizations;

“(v) information from survivors of human trafficking, vulnerable persons, and whistleblowers;

“(vi) all relevant media and academic reports that, in light of reason and common sense, are worthy of belief; and

“(vii) information developed by multilateral institutions.”.

SEC. 204. Requirements for strategies to prevent trafficking.

(a) Report on new practices To combat trafficking.—

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, and annually thereafter for 7 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit 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 website 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 203 of this Act, strategies for the protection of children and the reduction of the risk of trafficking.

SEC. 205. Expansion of Department of State rewards program.

Paragraph (5) of section 36(k) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)) is amended—

(1) in the matter preceding subparagraph (A), by striking “means”;

(2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses, as so redesignated, two ems to the right;

(3) by inserting before clause (i), as so redesignated, the following:

    “(A) means—”;

(4) in clause (ii), as so redesignated, by striking the period at the end and inserting “; and”; and

(5) by adding at the end following new subparagraph:

    “(B) includes severe forms of trafficking in persons, as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).”.

SEC. 206. Briefing on countries with primarily migrant workforces.

Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall provide to the Committee on Foreign Affairs and the Committee on the Judiciary of the House and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate a briefing that includes, with respect to each country that has a domestic workforce of which more than 80 percent are third-country nationals, each of the following:

(1) An assessment of the progress made by the government of such country toward implementing the recommendations with respect to such country contained in the most recent “Trafficking in Persons Report” submitted by the Secretary under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)), as amended by section 203 of this Act.

(2) A description of the efforts made by the United States to ensure that any domestic worker brought into the United States by an official of such country is not a victim of trafficking.

SEC. 207. Report on recipients of funding from the United States Agency for International Development.

Not later than 90 days after the date of the enactment of this Act, and by October 1 of each of the following 4 years, the Administrator of the United States Agency for International Development shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report describing, with respect to the prior fiscal year—

(1) each obligation or expenditure of Federal funds by the Agency for the purpose of combating human trafficking and forced labor; and

(2) with respect to each such obligation or expenditure, the program, project, activity, primary recipient, and any sub-grantees or sub-contractors.

SEC. 211. Findings.

Congress finds the following:

(1) The recruitment or use of children in armed conflict is unacceptable for any government or government-supported entity receiving United States assistance.

(2) The recruitment or use of children in armed conflict, including direct combat, support roles, and sexual slavery, occurred during 2015–2016 in Afghanistan, South Sudan, Sudan, Burma, the Democratic Republic of the Congo, Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.

(3) Entities of the Government of Afghanistan, particularly the Afghan Local Police and Afghan National Police, continue to recruit children to serve as combatants or as servants, including as sex slaves.

(4) Police forces of the Government of Afghanistan participate in counterterrorism operations, direct and indirect combat, security operations, fight alongside regular armies, and are targeted for violence by the Taliban 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. 212. 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) by amending 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.”.

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) is 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(i) 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(i) 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.

Passed the House of Representatives July 12, 2017.

    Attest: karen l. haas,   
    Clerk