[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2200 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                     December 17, 2018.
    Resolved, That the bill from the House of Representatives (H.R. 
2200) entitled ``An Act to reauthorize the Trafficking Victims 
Protection Act of 2000, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. 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.
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)).
                    ``(B) 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) 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. 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 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.--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.--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.

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.--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) 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;
                    ``(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.--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. 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
            (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''.

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) 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-
        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;
            (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) 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) 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) 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, 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.--Notwithstanding subparagraphs (D) 
                and (E), a country may not be included on the special 
                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.--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
                    (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) 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.

    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) 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--
            (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. 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'';
            (2) in subsection (b), by amending paragraph (2) to read as 
        follows:
            ``(2) Notification.--
                    ``(A) In general.--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) 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 
        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:
            ``(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.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                               H.R. 2200

_______________________________________________________________________

                               AMENDMENT