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

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Public Law No: 115-425 (01/08/2019)

 
[115th Congress Public Law 425]
[From the U.S. Government Publishing Office]



[[Page 5471]]

    FREDERICK DOUGLASS TRAFFICKING VICTIMS PREVENTION AND PROTECTION 
                       REAUTHORIZATION ACT OF 2018

[[Page 132 STAT. 5472]]

Public Law 115-425
115th Congress

                                 An Act


 
 To reauthorize the Trafficking Victims Protection Act of 2000, and for 
         other purposes. <<NOTE: Jan. 8, 2019 -  [H.R. 2200]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Frederick 
Douglass Trafficking Victims Prevention and Protection Reauthorization 
Act of 2018.>> 
SECTION 1. <<NOTE: 22 USC 7101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Frederick Douglass Trafficking 
Victims Prevention and Protection Reauthorization Act of 2018''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

     TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

Subtitle A--Programs to Support Victims and Persons Vulnerable to Human 
                               Trafficking

Sec. 101. Grants to assist in the recognition of trafficking.
Sec. 102. Preventing future trafficking in the United States through 
           receipt of complaints abroad.
Sec. 103. Modification to grants for victims services.

      Subtitle B--Governmental Efforts to Prevent Human Trafficking

Sec. 111. Required training to prevent human trafficking for certain 
           contracting air carriers.
Sec. 112. Ensuring United States procurement does not fund human 
           trafficking.
Sec. 113. Training course on human trafficking and government 
           contracting.
Sec. 114. Modifications to the Advisory Council on Human Trafficking.
Sec. 115. Sense of Congress on the Senior Policy Operating Group.
Sec. 116. Best practices to prevent forced child labor trafficking.

   Subtitle C--Preventing Trafficking in Persons in the United States

Sec. 121. Demand reduction strategies in the United States.
Sec. 122. Designation of a labor prosecutor to enhance State and local 
           efforts to combat trafficking in persons.
Sec. 123. Preventing human trafficking in foreign missions and 
           diplomatic households.
Sec. 124. Actions against significant traffickers in persons.

          Subtitle D--Monitoring Child, Forced, and Slave Labor

Sec. 131. Sense of Congress.
Sec. 132. Report on the enforcement of section 307 of the Tariff Act of 
           1930.
Sec. 133. Modification to list of child-made and slavery-made goods.

               TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD

                Subtitle A--Efforts to Combat Trafficking

Sec. 201. Including the Secretary of the Treasury and the United States 
           Trade Representative as a member of the Interagency Task 
           Force to Monitor and Combat Trafficking.
Sec. 202. Encouraging countries to maintain and share data on human 
           trafficking efforts.

[[Page 132 STAT. 5473]]

Sec. 203. Appropriate listing of governments involved in human 
           trafficking.
Sec. 204. Requirements for strategies to prevent trafficking.
Sec. 205. Briefing on countries with primarily migrant workforces.
Sec. 206. Report on recipients of funding from the United States Agency 
           for International Development.

            Subtitle B--Child Soldier Prevention Act of 2018

Sec. 211. Findings.
Sec. 212. Amendments to the Child Soldiers Prevention Act of 2008.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Authorization of appropriations under the Trafficking Victims 
           Protection Act of 2000.
Sec. 302. Authorization of appropriations under the International 
           Megan's Law.
Sec. 303. Authorization of appropriations for airport personnel training 
           to identify and report human trafficking victims.

     TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

Subtitle A--Programs to Support Victims and Persons Vulnerable to Human 
                               Trafficking

SEC. 101. GRANTS TO ASSIST IN THE RECOGNITION OF TRAFFICKING.

    (a) Grants to Assist in Recognition of Trafficking.--Section 106(b) 
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(b)) is 
amended--
            (1) by striking ``The President'' and inserting the 
        following:
            ``(1) In general.--The President''; and
            (2) by adding at the end the following:
            ``(2) Grants to assist in the recognition of trafficking.--
                    ``(A) Definitions.--In this paragraph:
                          ``(i) ESEA terms.--The terms `elementary 
                      school', `local educational agency', `other 
                      staff', and `secondary school' have the meanings 
                      given the terms in section 8101 of the Elementary 
                      and Secondary Education Act of 1965 (20 U.S.C. 
                      7801).
                          ``(ii) High-intensity child sex trafficking 
                      area.--The term `high-intensity child sex 
                      trafficking area' means a metropolitan area 
                      designated by the Director of the Federal Bureau 
                      of Investigation as having a high rate of children 
                      involved in sex trafficking.
                          ``(iii) Labor trafficking.--The term `labor 
                      trafficking' means conduct described in section 
                      103(9)(B) of the Trafficking Victims Protection 
                      Act of 2000 (22 U.S.C. 7102(9)(B)).
                          ``(iv) School staff.--The term `school staff' 
                      means teachers, nurses, school leaders and 
                      administrators, and other staff at elementary 
                      schools and secondary schools.
                          ``(v) Sex trafficking.--The term `sex 
                      trafficking' means the conduct described in 
                      section 103(9)(A) of the Trafficking Victims 
                      Protection Act of 2000 (22 U.S.C. 7102(9)(A)).

[[Page 132 STAT. 5474]]

                    ``(B) <<NOTE: Consultation.>>  In general.--The 
                Secretary of Health and Human Services, in consultation 
                with the Secretary of Education and the Secretary of 
                Labor, may award grants to local educational agencies, 
                in partnership with a nonprofit, nongovernmental agency, 
                to establish, expand, and support programs--
                          ``(i) to educate school staff to recognize and 
                      respond to signs of labor trafficking and sex 
                      trafficking; and
                          ``(ii) to provide age-appropriate information 
                      to students on how to avoid becoming victims of 
                      labor trafficking and sex trafficking.
                    ``(C) Program requirements.--Amounts awarded under 
                this paragraph shall be used for--
                          ``(i) education regarding--
                                    ``(I) avoiding becoming victims of 
                                labor trafficking and sex trafficking;
                                    ``(II) indicators that an individual 
                                is a victim or potential victim of labor 
                                trafficking or sex trafficking;
                                    ``(III) options and procedures for 
                                referring such an individual, as 
                                appropriate, to information on such 
                                trafficking and services available for 
                                victims of such trafficking;
                                    ``(IV) reporting requirements and 
                                procedures in accordance with applicable 
                                Federal and State law; and
                                    ``(V) how to carry out activities 
                                authorized under subparagraph (A)(ii); 
                                and
                          ``(ii) <<NOTE: Plan. Consultation.>>  a plan, 
                      developed and implemented in consultation with 
                      local law enforcement agencies, to ensure the 
                      safety of school staff and students reporting such 
                      trafficking.
                    ``(D) Priority.--In awarding grants under this 
                paragraph, the Secretary shall give priority to local 
                educational agencies serving a high-intensity child sex 
                trafficking area.''.

    (b) Inclusion in Authorization of Appropriations.--Section 113(b)(1) 
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(b)(1)) 
is amended by striking ``section 107(b)'' and inserting ``sections 
106(b) and 107(b)''.
SEC. 102. <<NOTE: 22 USC 7104e.>>  PREVENTING FUTURE TRAFFICKING 
                        IN THE UNITED STATES THROUGH RECEIPT OF 
                        COMPLAINTS ABROAD.

    (a) In General.--The Secretary of State shall ensure that each 
diplomatic or consular post or other mission designates an employee to 
be responsible for receiving information from--
            (1) any person who was a victim of a severe form of 
        trafficking in persons (as such term is defined in section 
        103(14) of the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7102(14))) while present in the United States; or
            (2) any person who has information regarding a victim 
        described in paragraph (1).

    (b) Provision of Information.--Any information received pursuant to 
subsection (a) shall be transmitted to the Department of Justice, the 
Department of Labor, the Department of Homeland Security, and to any 
other relevant Federal agency for appropriate

[[Page 132 STAT. 5475]]

response. The Attorney General, the Secretary of Labor, the Secretary of 
Homeland Security, and the head of any other such relevant Federal 
agency shall establish a process to address any actions to be taken in 
response to such information.
    (c) Assistance From Foreign Governments.--The employee designated 
for receiving information pursuant to subsection (a) should coordinate 
with foreign governments or civil society organizations in the countries 
of origin of victims of severe forms of trafficking in persons, with the 
permission of and without compromising the safety of such victims, to 
ensure that such victims receive any additional support available.
SEC. 103. MODIFICATION TO GRANTS FOR VICTIMS SERVICES.

    Section 107(b)(2)(A) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7105(b)(2)(A)) is amended by striking ``programs for'' 
and all that follows and inserting the following: ``programs for victims 
of human trafficking, including programs that provide trauma-informed 
care or housing options to such victims who are--
                          ``(i)(I) between 12 and 24 years of age; and
                          ``(II) homeless, in foster care, or involved 
                      in the criminal justice system;
                          ``(ii) transitioning out of the foster care 
                      system; or
                          ``(iii) women or girls in underserved 
                      populations.''.

      Subtitle B--Governmental Efforts to Prevent Human Trafficking

SEC. 111. REQUIRED TRAINING TO PREVENT HUMAN TRAFFICKING FOR 
                        CERTAIN CONTRACTING AIR CARRIERS.

    (a) In General.--Section 40118 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(g) Training Requirements <<NOTE: Reports.>> .--The Administrator 
of General Services shall ensure that any contract entered into for 
provision of air transportation with a domestic carrier under this 
section requires that the contracting air carrier submits to the 
Administrator of General Services, the Secretary of Transportation, the 
Administrator of the Transportation Security Administration, the 
Secretary of Labor and the Commissioner of U.S. Customs and Border 
Protection an annual report regarding--
            ``(1) the number of personnel trained in the detection and 
        reporting of potential human trafficking (as described in 
        paragraphs (9) and (10) of section 103 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102)), including the 
        training required under section 44734(a)(4);
            ``(2) the number of notifications of potential human 
        trafficking victims received from staff or other passengers; and
            ``(3) whether the air carrier notified the National Human 
        Trafficking Hotline or law enforcement at the relevant airport 
        of the potential human trafficking victim for each such 
        notification of potential human trafficking, and if so, when the 
        notification was made.''.

    (b) Applicability <<NOTE: 49 USC 40118 note.>> .--The amendment made 
by subsection (a) shall apply to any contract entered into after the 
date of enactment of this Act except for contracts entered into by the 
Secretary of Defense.

[[Page 132 STAT. 5476]]

SEC. 112. ENSURING UNITED STATES PROCUREMENT DOES NOT FUND HUMAN 
                        TRAFFICKING.

    Section 106 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104) is amended by adding at the end the following:
    ``(k) Agency Action To Prevent Funding of Human Trafficking.--
            ``(1) In general <<NOTE: Reports.>> .--At the end of each 
        fiscal year, the Secretary of State, the Secretary of Labor, the 
        Administrator of the United States Agency for International 
        Development, and the Director of the Office of Management and 
        Budget shall each submit a report to the Administrator of 
        General Services that includes--
                    ``(A) the name and contact information of the 
                individual within the agency's Office of Legal Counsel 
                or Office of Acquisition Policy who is responsible for 
                overseeing the implementation of--
                          ``(i) subsection (g);
                          ``(ii) title XVII of the National Defense 
                      Authorization Act for Fiscal Year 2013 (22 U.S.C. 
                      7104a et seq.); and
                          ``(iii) any regulation in the Federal 
                      Acquisition Regulation (48 C.F.R. 1 et seq.) that 
                      is related to any subject matter referred to in 
                      clause (i) or (ii);
                    ``(B) agency action to ensure that contractors are 
                educated on the applicable laws and regulations listed 
                in subparagraph (A);
                    ``(C) agency action to ensure that the acquisition 
                workforce and agency officials understand implementation 
                of the laws and regulations listed in subparagraph (A), 
                including best practices for--
                          ``(i) ensuring compliance with such laws and 
                      regulations;
                          ``(ii) assessing the serious, repeated, 
                      willful, or pervasive nature of any violation of 
                      such laws or regulations; and
                          ``(iii) evaluating steps contractors have 
                      taken to correct any such violation;
                    ``(D)(i) the number of contracts containing language 
                referring to the laws and regulations listed in 
                subparagraph (A); and
                    ``(ii) the number of contracts that did not contain 
                any language referring to such laws and regulations;
                    ``(E)(i) the number of allegations of severe forms 
                of trafficking in persons received; and
                    ``(ii) the source type of the allegation (such as 
                contractor, subcontractor, employee of contractor or 
                subcontractor, or an individual outside of the 
                contract);
                    ``(F)(i) the number of such allegations investigated 
                by the agency;
                    ``(ii) <<NOTE: Summary.>>  a summary of any findings 
                from such investigations; and
                    ``(iii) any improvements recommended by the agency 
                to prevent such conduct from recurring;
                    ``(G)(i) the number of such allegations referred to 
                the Attorney General for prosecution under section 3271 
                of title 18, United States Code; and
                    ``(ii) the outcomes of such referrals;

[[Page 132 STAT. 5477]]

                    ``(H) any remedial action taken as a result of such 
                investigation, including whether--
                          ``(i) a contractor or subcontractor (at any 
                      tier) was debarred or suspended due to a violation 
                      of a law or regulation relating to severe forms of 
                      trafficking in persons; or
                          ``(ii) a contract was terminated pursuant to 
                      subsection (g) as a result of such violation;
                    ``(I) any other assistance offered to agency 
                contractors to ensure compliance with a law or 
                regulation relating to severe forms of trafficking in 
                persons;
                    ``(J) any interagency meetings or data sharing 
                regarding suspended or disbarred contractors or 
                subcontractors (at any tier) for severe forms of 
                trafficking in persons; and
                    ``(K) any contract with a contractor or 
                subcontractor (at any tier) located outside the United 
                States and the country location, where safe to reveal 
                location, for each such contractor or subcontractor.
            ``(2) Appropriate congressional 
        committees <<NOTE: Definitions.>> .--In this subsection, the 
        term `appropriate congressional committees' means--
                    ``(A) the Committee on Foreign Affairs of the House 
                of Representatives;
                    ``(B) the Committee on Armed Services of the House 
                of Representatives;
                    ``(C) the Committee on Education and the Workforce 
                of the House of Representatives;
                    ``(D) the Committee on the Judiciary of the House of 
                Representatives;
                    ``(E) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                    ``(F) the Committee on Foreign Relations of the 
                Senate;
                    ``(G) the Committee on Armed Services of the Senate;
                    ``(H) the Committee on the Judiciary of the Senate; 
                and
                    ``(I) the Committee on Health, Education, Labor, and 
                Pensions of the Senate.''.
SEC. 113. <<NOTE: 41 USC 1201 note.>>  TRAINING COURSE ON HUMAN 
                        TRAFFICKING AND GOVERNMENT CONTRACTING.

    Any curriculum, including any continuing education curriculum, for 
the acquisition workforce used by the Federal Acquisition Institute 
established under section 1201 of title 41, United States Code, shall 
include at least 1 course, lasting at least 30 minutes, regarding the 
law and regulations relating to human trafficking and contracting with 
the Federal Government.
SEC. 114. MODIFICATIONS TO THE ADVISORY COUNCIL ON HUMAN 
                        TRAFFICKING.

    The Survivors of Human Trafficking Empowerment Act (section 115 of 
Public Law 114-22; 129 Stat. 243) is amended--
            (1) in subsection (f), by amending paragraph (2) to read as 
        follows:
            ``(2) shall receive travel expenses, including per diem in 
        lieu of subsistence, in accordance with the applicable 
        provisions under subchapter I of chapter 57 of title 5, United 
        States Code.''; and

[[Page 132 STAT. 5478]]

            (2) in subsection (h), by striking ``2020'' and inserting 
        ``2021''.
SEC. 115. SENSE OF CONGRESS ON THE SENIOR POLICY OPERATING GROUP.

    It is the sense of Congress that the Senior Policy Operating Group 
established under section 105(g) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7103(g)) should create a working group to examine 
the role of demand reduction, both domestically and internationally, in 
achieving the purposes of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7101 et seq.) and the Justice for Victims of Trafficking Act 
(Public Law 114-22; 129 Stat. 227).
SEC. 116. BEST PRACTICES TO PREVENT FORCED CHILD LABOR 
                        TRAFFICKING.

    It is the sense of the Congress that--
            (1) the United States Government condemns, in the strongest 
        terms, forced child labor, including in situations of 
        trafficking; and
            (2) the President should work with the private sector to 
        develop best practices and guidance for preventing forced child 
        labor and indentured servitude, including in situations of 
        trafficking.

   Subtitle C--Preventing Trafficking in Persons in the United States

SEC. 121. DEMAND REDUCTION STRATEGIES IN THE UNITED STATES.

    (a) Department of Justice Task Force.--Section 105(d)(7) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is 
amended--
            (1) in subparagraph (Q)(vii), by striking ``and'' at the 
        end;
            (2) in subparagraph (R), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(S) tactics and strategies employed by human 
                trafficking task forces sponsored by the Department of 
                Justice to reduce demand for trafficking victims.''.

    (b) Report on State Enforcement.--Subsection (e)(1)(A) of the Combat 
Human Trafficking Act of 2015 (34 U.S.C. 20709(e)(1)(A)) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``rates'' and inserting ``number'';
            (2) by inserting ``, noting the number of covered 
        offenders'' after ``covered offense'' each place such term 
        appears;
            (3) in clause (i), by striking ``arrest'' and inserting 
        ``arrests'';
            (4) in clause (ii), by striking ``prosecution'' and 
        inserting ``prosecutions''; and
            (5) in clause (iii), by striking ``conviction'' and 
        inserting ``convictions''.

[[Page 132 STAT. 5479]]

SEC. 122. DESIGNATION OF A LABOR PROSECUTOR TO ENHANCE STATE AND 
                        LOCAL EFFORTS TO COMBAT TRAFFICKING IN 
                        PERSONS.

    Section 204(a)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (34 U.S.C. 20705(a)(1)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) as appropriate, to designate at least 1 
                prosecutor for cases of severe forms of trafficking in 
                persons (as such term is defined in section 103(9) of 
                the Trafficking Victims Protection Act of 2000 (22 
                U.S.C. 7102(9)).''.
SEC. 123. PREVENTING HUMAN TRAFFICKING IN FOREIGN MISSIONS AND 
                        DIPLOMATIC HOUSEHOLDS.

    Section 203(a) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(a)) is amended--
            (1) <<NOTE: Time periods. Determination. Reports.>>  in 
        paragraph (2)--
                    (A) by striking ``for such period as the Secretary 
                determines necessary'' and inserting ``for a period of 
                at least 1 year, except if the Secretary determines and 
                reports to the appropriate congressional committees, in 
                advance, the reasons a shorter period is in the national 
                interest,''; and
                    (B) by striking ``the Secretary determines'' and all 
                that follows and inserting ``there is an unpaid default 
                or final civil judgement directly or indirectly related 
                to human trafficking against the employer or a family 
                member assigned to the embassy, or the diplomatic 
                mission or international organization hosting the 
                employer or family member has not responded 
                affirmatively to a request to waive immunity within 6 
                weeks of the request in a case brought by the United 
                States Government and the country that accredited the 
                employer or family member or, in the case of 
                international organizations, the country of citizenship, 
                has not initiated prosecution against the employer or 
                family member.''; and
            (2) in paragraph (3), by striking ``a mechanism is in 
        place'' and inserting ``, as applicable, the unpaid default 
        judgment or final civil judgement has been resolved, the 
        diplomatic mission or international organization hosting the 
        employer or family member has waived immunity for the employer 
        or family member or the country that accredited the employer or 
        family member or the country of citizenship of the employer or 
        family member completed the prosecution of the employer or 
        family member, and the diplomatic mission or international 
        organization hosting the employer or family member has a 
        mechanism in place''.
SEC. 124. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.

    Section 111(a)(1) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7108(a)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, or section 1263 of the Global Magnitsky Human Rights 
        Accountability Act (subtitle F of title XII of Public Law 114-

[[Page 132 STAT. 5480]]

        328; 22 U.S.C. 2656 note),'' after ``1701)'' the second place it 
        appears; and
            (2) by adding at the end the following:
                    ``(D) Officials of a foreign government who 
                participate in, facilitate, or condone severe forms of 
                trafficking in persons for significant financial 
                gain.''.

          Subtitle D--Monitoring Child, Forced, and Slave Labor

SEC. 131. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) foreign assistance that addresses poverty alleviation 
        and humanitarian disasters reduces the vulnerability of men, 
        women, and children to human trafficking and is a crucial part 
        of the response of the United States to modern-day slavery;
            (2) the Deputy Under Secretary of the Bureau of 
        International Labor Affairs of the Department of Labor and the 
        grant programs administered by the Deputy Under Secretary play a 
        critical role in preventing and protecting children from the 
        worst forms of child labor, including situations of trafficking, 
        and in reducing the vulnerabilities of men and women to 
        situations of forced labor and trafficking; and
            (3) the Secretary of Labor also plays a critical role in 
        helping other Federal departments and agencies to prevent goods 
        made with forced and child labor from entering the United States 
        by consulting with such departments and agencies to reduce 
        forced and child labor internationally and ensuring that 
        products made by forced labor and child labor in violation of 
        international standards are not imported into the United States.
SEC. 132. REPORT ON THE ENFORCEMENT OF SECTION 307 OF THE TARIFF 
                        ACT OF 1930.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to the committees listed in subsection (b) that 
describes any obstacles or challenges to enforcing section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).
    (b) Committees.--The committees listed in this subsection are--
            (1) the Committee on Foreign Affairs of the House of 
        Representatives;
            (2) the Committee on Financial Services of the House of 
        Representatives;
            (3) the Committee on Energy and Commerce of the House of 
        Representatives;
            (4) the Committee on the Judiciary of the House of 
        Representatives;
            (5) the Committee on Ways and Means of the House of 
        Representatives;
            (6) the Committee on Foreign Relations of the Senate;
            (7) the Committee on Health, Education, Labor, and Pensions 
        of the Senate;
            (8) the Committee on Commerce, Science, and Transportation 
        of the Senate;

[[Page 132 STAT. 5481]]

            (9) the Committee on the Judiciary of the Senate; and
            (10) the Committee on Finance of the Senate.

    (c) Requirements.--The report required under subsection (a) shall--
            (1) describe the role and best practices of private sector 
        employers in the United States in complying with the provisions 
        of section 307 of the Tariff Act of 1930;
            (2) describe any efforts or programs undertaken by relevant 
        Federal, State, or local government agencies to encourage 
        employers, directly or indirectly, to comply with such 
        provisions;
            (3) describe the roles of the relevant Federal departments 
        and agencies in overseeing and regulating such provisions, and 
        the oversight and enforcement mechanisms used by such 
        departments or agencies;
            (4) provide concrete, actual case studies or examples of how 
        such provisions are enforced;
            (5) identify the number of petitions received and cases 
        initiated (whether by petition or otherwise) or investigated by 
        each relevant Federal department or agency charged with 
        implementing and enforcing such provisions, as well as the dates 
        petitions were received or investigations were initiated, and 
        their current statuses;
            (6) <<NOTE: Time period.>>  identify any enforcement actions 
        during the most recent 10 years, including--
                    (A) the issuance of Withhold Release Orders;
                    (B) the detention of shipments;
                    (C) the issuance of civil penalties; and
                    (D) the formal charging with criminal charges 
                relating to the forced labor scheme taken as a result of 
                petitions and investigations identified pursuant to 
                paragraph (5), organized by type of action, date of 
                action, commodity, and country of origin;
            (7) <<NOTE: Time period.>>  with respect to any relevant 
        petition filed during the 10-year period immediately preceding 
        the date of the enactment of this Act with the relevant Federal 
        departments and agencies tasked with implementing such 
        provisions, list the specific products, country of origin, 
        manufacturer, importer, end-user or retailer, and outcomes of 
        any investigation;
            (8) identify any gaps that may exist in enforcement of such 
        provisions;
            (9) describe the engagement of the relevant Federal 
        departments and agencies with stakeholders, including the 
        engagement of importers, forced labor experts, and 
        nongovernmental organizations; and
            (10) based on the information required under paragraphs (1) 
        through (9)--
                    (A) identify any regulatory obstacles or challenges 
                to enforcement of such provisions; and
                    (B) <<NOTE: Recommenda- tions.>>  provide 
                recommendations for actions that could be taken by the 
                relevant Federal departments and agencies to overcome 
                such obstacles.
SEC. 133. MODIFICATION TO LIST OF CHILD-MADE AND SLAVERY-MADE 
                        GOODS.

    (a) In General.--Section 105(b)(2)(C) of the Trafficking Victims 
Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)) is 
amended by inserting ``, including, to the extent practicable,

[[Page 132 STAT. 5482]]

goods that are produced with inputs that are produced with forced labor 
or child labor'' after ``international standards''.
    (b) Inclusion in Authorization of Appropriations.--Amounts 
appropriated pursuant to the authorization of appropriations under 
section 113(f) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7110(f)), as amended by section 301, are authorized to be made 
available to carry out the purposes described in section 105(b)(2) of 
the Trafficking Victims Protection Reauthorization Act of 2005 (22 
U.S.C. 7112(b)(2)), as amended by subsection (a).

               TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD

                Subtitle A--Efforts to Combat Trafficking

SEC. 201. INCLUDING THE SECRETARY OF THE TREASURY AND THE UNITED 
                        STATES TRADE REPRESENTATIVE AS A MEMBER OF 
                        THE INTERAGENCY TASK FORCE TO MONITOR AND 
                        COMBAT TRAFFICKING.

    Section 105(b) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7103(b)) is amended by inserting ``the Secretary of the Treasury, 
the United States Trade Representative,'' after ``the Secretary of 
Education,''.
SEC. 202. ENCOURAGING COUNTRIES TO MAINTAIN AND SHARE DATA ON 
                        HUMAN TRAFFICKING EFFORTS.

    Section 108(b) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7106(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``the capacity'' and inserting ``a 
                demonstrably increasing capacity''; and
                    (B) by striking the last sentence; and
            (2) in paragraph (7)--
                    (A) by striking ``consistent with its resources'' 
                and inserting ``, consistent with a demonstrably 
                increasing capacity of such government to obtain such 
                data,''; and
                    (B) by striking the last sentence.
SEC. 203. APPROPRIATE LISTING OF GOVERNMENTS INVOLVED IN HUMAN 
                        TRAFFICKING.

    Section 110(b) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7107(b)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)(iii)(I)--
                          (i) by striking ``absolute'' and inserting 
                      ``estimated''; and
                          (ii) by inserting ``and the country is not 
                      taking proportional concrete actions'' before the 
                      semicolon at the end; and
                    (B) by adding at the end the following:
                    ``(F) Special rule for certain countries on special 
                watch list that are downgraded and reinstated on special 
                watch list <<NOTE: Time periods.>> .--Notwithstanding 
                subparagraphs (D) and (E), a country may not be included 
                on the special

[[Page 132 STAT. 5483]]

                watch list described in subparagraph (A)(iii) for more 
                than 1 consecutive year after the country--
                          ``(i) was included on the special watch list 
                      described in subparagraph (A)(iii) for--
                                    ``(I) 2 consecutive years after the 
                                date of the enactment of subparagraph 
                                (D); and
                                    ``(II) any additional years after 
                                such date of enactment as a result of 
                                the President exercising the waiver 
                                authority under subparagraph (D)(ii); 
                                and
                          ``(ii) was subsequently included on the list 
                      of countries described in paragraph (1)(C).''; and
            (2) in paragraph (3)--
                    (A) by redesignating subparagraphs (A), (B), and (C) 
                as clauses (i), (ii), and (iii) and moving such clauses 
                2 ems to the right;
                    (B) in the matter preceding clause (i), as 
                redesignated, by striking ``In determinations'' and 
                inserting the following:
                    ``(A) In general.--In determinations''; and
                    (C) by adding at the end the following:
                    ``(B) Proof of failure to make significant 
                efforts.--In addition to the considerations described in 
                clauses (i), (ii), and (iii) of subparagraph (A), in 
                determinations under paragraph (1)(C) as to whether the 
                government of a country is not making significant 
                efforts to bring itself into compliance with the minimum 
                standards for the elimination of trafficking, the 
                Secretary of State shall consider, as proof of failure 
                to make significant efforts, a government policy or 
                pattern of--
                          ``(i) trafficking;
                          ``(ii) trafficking in government-funded 
                      programs;
                          ``(iii) forced labor (in government-affiliated 
                      medical services, agriculture, forestry, mining, 
                      construction, or other sectors);
                          ``(iv) sexual slavery in government camps, 
                      compounds, or outposts; or
                          ``(v) employing or recruiting child 
                      soldiers.''.
SEC. 204. REQUIREMENTS FOR STRATEGIES TO PREVENT TRAFFICKING.

    (a) Report on New Practices To Combat Trafficking.--
            (1) In general <<NOTE: Time period. Consultation.>> .--Not 
        later than 120 days after the date of the enactment of this Act, 
        and annually thereafter for 7 years, the Secretary of State, in 
        consultation with the Administrator of the United States Agency 
        for International Development, shall submit a report to the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Foreign Affairs of the House of Representatives that--
                    (A) describes any practices adopted by the 
                Department of State or the United States Agency for 
                International Development to better combat trafficking 
                in persons, in accordance with the report submitted 
                under section 101(b)(4) of the Trafficking Victims 
                Protection Reauthorization Act of 2005, in order to 
                reduce the risk of trafficking in post-conflict or post-
                disaster areas; or

[[Page 132 STAT. 5484]]

                    (B) if no practices referred to in subparagraph (A) 
                have been adopted, includes a strategy to reduce the 
                risk of trafficking in such areas.
            (2) Public availability.--Each report submitted under 
        paragraph (1) shall be posted on a publicly available internet 
        website of the Department of State.

    (b) <<NOTE: 22 USC 7107 note.>>  Child Protection Strategies in 
Watch List Countries.--
            (1) In general.--The Administrator of the United States 
        Agency for International Development shall incorporate into the 
        relevant country development cooperation strategy for each 
        country on the list described in paragraph (1)(C) of section 
        110(b) of the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7107(b)) or the special watch list described in paragraph 
        (2)(A)(iii) of such section, strategies for the protection of 
        children and the reduction of the risk of trafficking.
            (2) Components.--The child protection and trafficking 
        reduction strategies required under paragraph (1) shall--
                    (A) address the root causes of insecurity that leave 
                children and youth vulnerable to trafficking; and
                    (B) include common metrics and indicators to monitor 
                progress across Federal agencies to prevent, address, 
                and end violence against children and youth globally in 
                post-conflict and post-disaster areas.
SEC. 205. BRIEFING ON COUNTRIES WITH PRIMARILY MIGRANT WORKFORCES.

<<NOTE: Deadline.>>     Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State shall provide a briefing 
to the Committee on Foreign Relations of the Senate, the Committee on 
the Judiciary of the Senate, the Committee on Foreign Affairs of the 
House of Representatives, and the Committee on the Judiciary of the 
House of Representatives that includes, with respect to each country 
that has a domestic workforce of which more than 80 percent are third-
country nationals--
            (1) <<NOTE: Assessment.>>  an assessment of the progress 
        made by the government of such country toward implementing the 
        recommendations with respect to such country contained in the 
        most recent Trafficking in Persons Report submitted by the 
        Secretary under section 110(b) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7107(b)), as amended by 
        section 203 of this Act; and
            (2) a description of the efforts made by the United States 
        to ensure that any domestic worker brought into the United 
        States by an official of such country is not a victim of 
        trafficking.
SEC. 206. REPORT ON RECIPIENTS OF FUNDING FROM THE UNITED STATES 
                        AGENCY FOR INTERNATIONAL DEVELOPMENT.

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

[[Page 132 STAT. 5485]]

            (1) each obligation or expenditure of Federal funds by the 
        Agency for the purpose of combating human trafficking and forced 
        labor; and
            (2) with respect to each such obligation or expenditure, the 
        program, project, activity, primary recipient, and any 
        subgrantees or subcontractors.

            Subtitle B--Child Soldier Prevention Act of 2018

SEC. 211. <<NOTE: 22 USC 2370c note.>>  FINDINGS.

    Congress finds the following:
            (1) The recruitment or use of children in armed conflict is 
        unacceptable for any government or government-supported entity 
        receiving United States assistance.
            (2) The recruitment or use of children in armed conflict, 
        including direct combat, support roles, and sexual slavery, 
        occurred during 2016 or 2017 in Afghanistan, Iran, Mali, Niger, 
        South Sudan, Sudan, Burma, the Democratic Republic of the Congo, 
        Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.
            (3) Entities of the Government of Afghanistan, particularly 
        the Afghan Local Police and Afghan National Police, continue to 
        recruit children to serve as combatants or as servants, 
        including as sex slaves.
            (4) Police forces of the Government of Afghanistan 
        participate in counterterrorism operations, direct and indirect 
        combat, security operations, fight alongside regular armies, and 
        are targeted for violence by the Taliban and other opposition 
        groups.
            (5) In February 2016, a 10-year-old boy was assassinated by 
        the Taliban after he had been publicly honored by Afghan local 
        police forces for his assistance in combat operations against 
        the Taliban.
            (6) Recruitment and use of children in armed conflict by 
        government forces has continued in South Sudan with the return 
        to hostilities.
            (7) At least 19,000 children have been recruited since South 
        Sudan's civil war began in 2013.
SEC. 212. AMENDMENTS TO THE CHILD SOLDIERS PREVENTION ACT OF 2008.

    (a) Definitions.--Section 402(2) of the Child Soldiers Prevention 
Act of 2008 (22 U.S.C. 2370c(2)) is amended--
            (1) in subparagraph (A), by inserting ``, police, or other 
        security forces'' after ``governmental armed forces'' each place 
        such term appears; and
            (2) in subparagraph (B), by striking ``clauses'' and 
        inserting ``clause''.

    (b) Prohibition.--Section 404 of the Child Soldiers Prevention Act 
of 2008 (22 U.S.C. 2370c-1) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``, police, or other security 
                forces,'' after ``governmental armed forces''; and
                    (B) by striking ``recruit and use child soldiers'' 
                and inserting ``recruit or use child soldiers'';

[[Page 132 STAT. 5486]]

            (2) in subsection (b), by amending paragraph (2) to read as 
        follows:
            ``(2) Notification.--
                    ``(A) In general <<NOTE: Deadline.>> .--Not later 
                than 45 days after the date on which each report is 
                submitted under section 110(b) of the Trafficking 
                Victims Protection Act of 2000 (22 U.S.C. 7107(b)), the 
                Secretary of State shall formally notify each government 
                included in the list under paragraph (1) that such 
                government is included in such list.
                    ``(B) Congressional notification.--As soon as 
                practicable after making all of the notifications 
                required under subparagraph (A) with respect to a 
                report, the Secretary of State shall notify the 
                appropriate congressional committees that the 
                requirements of subparagraph (A) have been met.'';
            (3) <<NOTE: Certification.>>  in subsection (c)(1), by 
        inserting before the period at the end the following: ``and 
        certifies to the appropriate congressional committees that the 
        government of such country is taking effective and continuing 
        steps to address the problem of child soldiers''; and
            (4) in subsection (e)(1), in the matter preceding 
        subparagraph (A), by striking ``to a country'' and all that 
        follows through ``subsection (a)'' and inserting ``under section 
        541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347) 
        through the Defense Institute for International Legal Studies or 
        the Center for Civil-Military Relations at the Naval Post-
        Graduate School, and may provide nonlethal supplies (as defined 
        in section 2557(d)(1)(B) of title 10, United States Code), to a 
        country subject to the prohibition under subsection (a)''.

    (c) Reports.--Section 405 of the Child Soldiers Prevention Act of 
2008 (22 U.S.C. 2370c-2) is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``, during any of the 5 years 
                      following the date of the enactment of this 
                      Act,''; and
                          (ii) by striking ``wavier'' and inserting 
                      ``waiver'';
                    (B) by redesignating paragraphs (2), (3), and (4) as 
                paragraphs (3), (4), and (5), respectively;
                    (C) by inserting after paragraph (1) the following:
            ``(2) a description and the amount of any assistance 
        withheld under this title pursuant to the application to those 
        countries of the prohibition in section 404(a);''; and
                    (D) in paragraph (5), as redesignated, by inserting 
                ``and the amount'' after ``a description''; and
            (2) by adding at the end the following:

    ``(d) Information to Be Included in Annual Trafficking in Persons 
Report.--If the Secretary of State notifies a country pursuant to 
section 404(b)(2), or the President grants a waiver pursuant to section 
404(c)(1), the Secretary of State shall include, in each report required 
under section 110(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7107(b)), the information required to be included in the 
annual report to Congress under paragraphs (1) through (5) of subsection 
(c).''.
    (d) Elimination of Child Sexual Assault by Afghan Security Forces.--
            (1) Sense of congress.--It is the sense of Congress that the 
        Department of State and the Department of Defense should

[[Page 132 STAT. 5487]]

        fully implement the recommendations in the Special Inspector 
        General for Afghanistan Reconstruction's 2017 report on Child 
        Sexual Assault in Afghanistan.
            (2) Report on status of implementation of recommendations.--
        Not later than 90 days after the date of the enactment of this 
        Act, the Secretary of State and the Secretary of Defense shall 
        report to the appropriate congressional committees on the status 
        of implementation, within their respective departments, of each 
        recommendation included in the report referenced in paragraph 
        (1).
            (3) Report on interagency efforts to monitor abuses.--Not 
        later than 180 days after the date of the enactment of this Act, 
        the Secretary of State and the Secretary of Defense shall report 
        to the appropriate congressional committees on the status of 
        interagency efforts to establish effective, coherent, and 
        discrete reporting by United States personnel on child sexual 
        abuse by Afghan security forces with whom they train or advise 
        or to whom they provide assistance.
            (4) Prioritization at ministerial conference on 
        afghanistan.--The Department of State shall ensure that the 
        issue of child sexual assault by Afghan security forces is 
        incorporated and elevated as an issue of international concern 
        and focus at the next Ministerial Conference on Afghanistan, 
        scheduled for November 27-28, 2018, in Geneva, Switzerland, with 
        the goal of ending the illegal but ongoing practice known as 
        ``bacha bazi''.
            (5) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS UNDER THE TRAFFICKING 
                        VICTIMS PROTECTION ACT OF 2000.

    Section 113 of the Trafficking Victims Prevention Act of 2000 (22 
U.S.C. 7110) is amended--
            (1) by amending subsection (a) to read as follows:

    ``(a) Authorization of Appropriations in Support of the Task 
Force.--There are authorized to be appropriated to the Department of 
State, for each of the fiscal years 2018 through 2021, $13,822,000 for 
Diplomatic and Consular Programs of the Office to Monitor and Combat 
Trafficking in Persons, which shall be used to carry out sections 
105(e), 105(f), and 110, including for additional personnel.'';
            (2) in subsection (b)(1), by striking ``$14,500,000 for each 
        of the fiscal years 2014 through 2017'' and inserting 
        ``$19,500,000 for each of the fiscal years 2018 through 2021, of 
        which $3,500,000 is authorized to be appropriated for each 
        fiscal year for the National Human Trafficking Hotline.'';
            (3) in subsection (c), by amending paragraph (1) to read as 
        follows:

[[Page 132 STAT. 5488]]

            ``(1) Assistance to combat trafficking.--There are 
        authorized to be appropriated to the Department of State, for 
        each of the fiscal years 2018 through 2021, $65,000,000, which 
        shall be used--
                    ``(A) to carry out sections 106 and 107(a);
                    ``(B) to carry out section 134 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2152d);
                    ``(C) to assist countries in meeting the minimum 
                standards described in section 108; and
                    ``(D) for programs and activities on prevention, 
                protection, and prosecution to combat all forms of 
                trafficking in persons internationally, including 
                training activities for law enforcement officers, 
                prosecutors, and members of the judiciary with respect 
                to trafficking in persons at the International Law 
                Enforcement Academies.''; and
            (4) in subsection (f), by striking ``2014 through 2017'' and 
        inserting ``2018 through 2021.''.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS UNDER THE INTERNATIONAL 
                        MEGAN'S LAW.

    Section 11 of the International Megan's Law to Prevent Child 
Exploitation and Other Sexual Crimes Through Advanced Notification of 
Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking ``2017 
and 2018'' and inserting ``2018 through 2021''.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR AIRPORT PERSONNEL 
                        TRAINING TO IDENTIFY AND REPORT HUMAN 
                        TRAFFICKING VICTIMS.

    There is authorized to be appropriated to the Commissioner of U.S. 
Customs and Border Protection $250,000 for each of the fiscal years 2018 
through 2021 to expand outreach and live on-site anti-trafficking 
training for airport and airline personnel.

    Approved January 8, 2019.

LEGISLATIVE HISTORY--H.R. 2200:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    July 12, considered and passed 
                                        House.
                                                        Vol. 164 (2018):
                                    Dec. 17, considered and passed 
                                        Senate, amended.
                                    Dec. 21, House concurred in Senate 
                                        amendment.

                                  <all>