Text: S.1862 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-427 (01/09/2019)

 
[115th Congress Public Law 427]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5503]]

Public Law 115-427
115th Congress

                                 An Act


 
 To amend the Trafficking Victims Protection Act of 2000 to modify the 
   criteria for determining whether countries are meeting the minimum 
   standards for the elimination of human trafficking, and for other 
             purposes. <<NOTE: Jan. 9, 2019 -  [S. 1862]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Trafficking 
Victims Protection Reauthorization Act of 2017. 22 USC 7101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trafficking Victims Protection 
Reauthorization Act of 2017''.
SEC. 2. DEFINITIONS.

    Section 103 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102) is amended--
            (1) by redesignating paragraphs (5) through (15) as 
        paragraphs (7) through (17), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) Concrete actions.--The term `concrete actions' means 
        actions that demonstrate increased efforts by the government of 
        a country to meet the minimum standards for the elimination of 
        trafficking, including any of the following:
                    ``(A) Enforcement actions taken.
                    ``(B) Investigations actively underway.
                    ``(C) Prosecutions conducted.
                    ``(D) Convictions attained.
                    ``(E) Training provided.
                    ``(F) Programs and partnerships actively underway.
                    ``(G) Efforts to prevent severe forms of 
                trafficking, including programs to reduce the 
                vulnerability of particularly vulnerable populations, 
                involving survivors of trafficking in community 
                engagement and policy making, engagement with foreign 
                migrants, ending recruitment fees, and other such 
                measures.
                    ``(H) Victim services offered, including immigration 
                services and restitution.
                    ``(I) The amount of money the government has 
                committed to the actions described in subparagraphs (A) 
                through (H).
            ``(6) Credible information.--The term `credible information' 
        includes all of the following:
                    ``(A) Reports by the Department of State.
                    ``(B) Reports of other Federal agencies, including 
                the Department of Labor's List of Goods Produced by 
                Child Labor or Forced Labor and List of Products 
                Produced by Forced Labor or Indentured Child Labor.

[[Page 132 STAT. 5504]]

                    ``(C) Documentation provided by a foreign country, 
                including--
                          ``(i) copies of relevant laws, regulations, 
                      and policies adopted or modified; and
                          ``(ii) an official record of enforcement 
                      actions taken, judicial proceedings, training 
                      conducted, consultations conducted, programs and 
                      partnerships launched, and services provided.
                    ``(D) Materials developed by civil society 
                organizations.
                    ``(E) Information from survivors of human 
                trafficking, vulnerable persons, and whistleblowers.
                    ``(F) All relevant media and academic reports that, 
                in light of reason and common sense, are worthy of 
                belief.
                    ``(G) Information developed by multilateral 
                institutions.
                    ``(H) An assessment of the impact of the actions 
                described in subparagraphs (A) through (I) of paragraph 
                (5) on the prevalence of human trafficking in the 
                country.''.
SEC. 3. SENSE OF CONGRESS.

    (a) Private Sector Support to Strengthen Law Enforcement Agencies 
and the Role of Private Businesses in Preventing and Combating Child Sex 
Trafficking.--It is the sense of Congress that--
            (1) the President should work with the private sector to 
        explore, develop, and use technology that strengthens Federal 
        law enforcement capabilities to combat traffickers and criminal 
        networks; and
            (2) private businesses, both domestic and international, 
        should take every reasonable step to prevent and combat child 
        sex trafficking.

    (b) Efforts to End Modern Slavery.--It is the sense of Congress that 
any future authorization of appropriations to carry out the grant 
program authorized under section 1298 of the Defense Authorization Act 
for Fiscal Year 2017 (22 U.S.C. 7114) should simultaneously extend the 
accountability provisions under subsections (c), (d), and (e) of such 
section.
SEC. 4. PROHIBITION ON PLACEMENT OR RECRUITMENT FEES.

    Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104(g)) is amended--
            (1) by redesignating clauses (i) through (iv) as paragraphs 
        (1) through (4), respectively, and moving such paragraphs 4 ems 
        to the left; and
            (2) in paragraph (4), as redesignated--
                    (A) by redesignating subclauses (I) through (V) as 
                subparagraphs (A) through (E), respectively, and moving 
                such subparagraphs 4 ems to the left;
                    (B) in subparagraph (B), as redesignated, by 
                redesignating items (aa) and (bb) as clauses (i) and 
                (ii), respectively, and moving such clauses 4 ems to the 
                left; and
                    (C) in subparagraph (D), as redesignated, by 
                striking ``unreasonable placement or recruitment fees'' 
                and all that follows through the period at the end and 
                inserting ``placement or recruitment fees.''.

[[Page 132 STAT. 5505]]

SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    Section 108(b)(7) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7106(b)(7)) is amended by inserting ``or enable'' after 
``condone''.
SEC. 6. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
                    STANDARDS.

    Section 110(b) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7107) is amended--
            (1) in paragraph (1)--
                    (A) <<NOTE: Time period.>>  by striking ``The report 
                should'' and inserting ``The report shall, to the extent 
                concurrent reporting data is available, cover efforts 
                and activities taking place during the period between 
                April 1 of the year preceding the report and March 31 of 
                the year in which the report is made, and should'';
                    (B) in subparagraph (A), by inserting ``based only 
                on concrete actions taken by the country that are 
                recorded during the reporting period'' after ``such 
                standards'';
                    (C) in subparagraph (B) by inserting ``based only on 
                concrete actions taken by the country (excluding any 
                commitments by the country to take additional future 
                steps during the next year) that are recorded during the 
                reporting period'' after ``compliance'';
                    (D) in subparagraph (F), by striking ``and'' at the 
                end;
                    (E) in subparagraph (G), by striking the period at 
                the end and inserting ``; and''; and
                    (F) by adding at the end the following:
                    ``(H) for each country included in a different list 
                than the country had been placed in the previous annual 
                report, a detailed explanation of how the concrete 
                actions (or lack of such actions) undertaken (or not 
                undertaken) by the country during the previous reporting 
                period contributed to such change, including a clear 
                linkage between such actions and the minimum standards 
                enumerated in section 108.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)(iii)--
                          (i) in subclause (I), by adding ``or'' at the 
                      end;
                          (ii) in subclause (II), by striking ``; or'' 
                      and inserting a period; and
                          (iii) by striking subclause (III);
                    (B) in subparagraph (B), by striking ``the last 
                annual report'' and inserting ``April 1 of the previous 
                year'';
                    (C) in subparagraph (D)(ii), by striking ``2 years'' 
                and inserting ``1 year''; and
                    (D) in subparagraph (E)--
                          (i) in the subparagraph heading, by striking 
                      ``Public'' and inserting ``Congressional''; and
                          (ii) by striking ``shall provide'' and all 
                      that follows and inserting the following: 
                      ``shall--
                          ``(i) provide a detailed description of the 
                      credible information supporting such determination 
                      on a publicly available website maintained by the 
                      Department of State; and

[[Page 132 STAT. 5506]]

                          ``(ii) <<NOTE: Briefing.>>  offer to brief the 
                      Committee on Foreign Relations of the Senate and 
                      the Committee on Foreign Affairs of the House of 
                      Representatives on any written plan submitted by 
                      the country under subparagraph (D)(ii)(I), with an 
                      opportunity to review the written plan.'';
            (3) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the semicolon 
                at the end and inserting a period; and
                    (C) by adding at the end the following:
                    ``(D) the extent to which the government of the 
                country is devoting sufficient budgetary resources--
                          ``(i) to investigate and prosecute acts of 
                      severe trafficking in persons;
                          ``(ii) to convict and sentence persons 
                      responsible for such acts; and
                          ``(iii) to obtain restitution for victims of 
                      human trafficking;
                    ``(E) the extent to which the government of the 
                country is devoting sufficient budgetary resources--
                          ``(i) to protect and support victims of 
                      trafficking in persons; and
                          ``(ii) to prevent severe forms of trafficking 
                      in persons; and
                    ``(F) the extent to which the government of the 
                country has consulted with domestic and international 
                civil society organizations that resulted in concrete 
                actions to improve the provision of services to victims 
                of trafficking in persons.''; and
            (4) by adding at the end the following:
            ``(4) Action plans for countries upgraded to tier 2 
        watchlist.--
                    ``(A) In 
                general <<NOTE: Deadline. Consultation.>> .--Not later 
                than 180 days after the release of the annual 
                Trafficking in Persons Report, the Secretary of State, 
                acting through the Ambassador-at-Large of the Office to 
                Monitor and Combat Trafficking and the Assistant 
                Secretary of the appropriate regional bureau, in 
                consultation with appropriate officials from the 
                government of each country described in paragraph 
                (2)(A)(ii), and with the assistance of the United States 
                Ambassador or Charge d'Affaires in each country, shall--
                          ``(i) prepare an action plan for each country 
                      upgraded from Tier 3 to Tier 2 Watchlist to 
                      further improve such country's tier ranking under 
                      this subsection; and
                          ``(ii) present the relevant action plan to the 
                      government of each such country.
                    ``(B) Contents.--Each action plan prepared under 
                this paragraph--
                          ``(i) shall include specific concrete actions 
                      to be taken by the country to substantively 
                      address deficiencies preventing the country from 
                      meeting Tier 2 standards, based on credible 
                      information; and
                          ``(ii) should be focused on short-term and 
                      multi-year goals.

[[Page 132 STAT. 5507]]

                    ``(C) Briefings.--The Ambassador-at-Large of the 
                Office to Monitor and Combat Trafficking and all 
                appropriate regional Assistant Secretaries shall make 
                themselves available to brief the Committee on Foreign 
                Relations of the Senate, the Committee on Appropriations 
                of the Senate, the Committee on Foreign Affairs of the 
                House of Representatives, and the Committee on 
                Appropriations of the House of Representatives on the 
                implementation of each action plan prepared under this 
                paragraph.
                    ``(D) Savings provision.--Nothing in this paragraph 
                may be construed as modifying--
                          ``(i) minimum standards for the elimination of 
                      trafficking under section 108; or
                          ``(ii) the actions against governments failing 
                      to meet minimum standards under this section or 
                      the criteria for placement on the Special Watch 
                      List under paragraph (2).''.
SEC. 7. COMMUNICATION WITH GOVERNMENTS OF COUNTRIES DESIGNATED AS 
                    TIER 2 WATCH LIST COUNTRIES ON THE TRAFFICKING 
                    IN PERSONS REPORT.

    (a) <<NOTE: 22 USC 7107 note.>>  In General.--Not less than 
annually, the Secretary of State shall provide, to the foreign minister 
of each country that has been downgraded to a ``Tier 2 Watch List'' 
country pursuant to the Trafficking in Persons report submitted under 
section 110(b) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7107(b))--
            (1) a copy of the annual Trafficking in Persons report; and
            (2) information pertinent to that country's downgrade, 
        including--
                    (A) confirmation of the country's designation to the 
                Tier 2 Watch List;
                    (B) the implications associated with such 
                designation and the consequences for the country of a 
                downgrade to Tier 3;
                    (C) the factors that contributed to the downgrade; 
                and
                    (D) the steps that the country must take to be 
                considered for an upgrade in status of designation.

    (b) Sense of Congress Regarding Communications.--It is the sense of 
Congress that, given the gravity of a Tier 2 Watch List designation, the 
Secretary of State should communicate the information described in 
subsection (a) to the foreign minister of any country downgraded to the 
Tier 2 Watch List.
SEC. 8. <<NOTE: 22 USC 262d note.>>  UNITED STATES SUPPORT FOR 
                    INTEGRATION OF ANTI-TRAFFICKING INTERVENTIONS 
                    IN MULTILATERAL DEVELOPMENT BANKS.

    (a) Requirements <<NOTE: Consultation.>> .--The Secretary of the 
Treasury, in consultation with the Secretary of State, acting through 
the Ambassador at Large for Monitoring and Combating Trafficking in 
Persons, shall instruct the United States Executive Director of each 
multilateral development bank to initiate discussions with the other 
executive directors and management of the respective multilateral 
development bank to--
            (1) further develop anti-human trafficking provisions in 
        relevant project development, safeguards, procurement, and 
        evaluation policies;

[[Page 132 STAT. 5508]]

            (2) <<NOTE: Assessments. Plans.>>  employing a risk-based 
        approach, require human trafficking risk assessments and 
        integration plans as a routine part of developing projects 
        through existing, forthcoming or new mechanisms and processes;
            (3) <<NOTE: Analyses.>>  support analyses of the impact of 
        severe forms of trafficking in persons on key indicators of 
        economic and social development and of the benefits of reducing 
        human trafficking on economic and social development;
            (4) support the proactive integration of effective anti-
        trafficking interventions into projects with the objectives of 
        enhancing development outcomes and reducing the incidence of 
        severe forms of trafficking in project areas;
            (5) <<NOTE: Assessments.>>  increase the capacity of 
        multilateral development banks and of recipient governments to 
        conduct human trafficking risk assessments and integrate anti-
        trafficking interventions into projects;
            (6) <<NOTE: Policies. Regulations. Strategies.>>  support 
        the development of meaningful risk mitigation and reduction 
        policies, regulations, and strategies within the multilateral 
        development banks to reduce the incidence and prevalence of 
        severe forms of trafficking in persons and enhance development 
        outcomes that may be improved by reducing the incidence and 
        prevalence of human trafficking; and
            (7) <<NOTE: Analysis.>>  support the inclusion of human 
        trafficking risk analysis in the development of relevant country 
        strategies by each multilateral development bank.

    (b) Briefings.--The Secretary of the Treasury shall make relevant 
officials available to brief the Committee on Foreign Relations of the 
Senate, the Committee on Appropriations of the Senate, the Committee on 
Financial Services of the House of Representatives, and the Committee on 
Appropriations of the House of Representatives on the implementation of 
this section.

    Approved January 9, 2019.

LEGISLATIVE HISTORY--S. 1862:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 164 (2018):
            Dec. 17, considered and passed Senate.
            Dec. 21, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
            Jan. 9, Presidential remarks and statement.

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