[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1862 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 1862

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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.
                    ``(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.''.

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) 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
                            ``(ii) offer to brief the Committee on 
                        Foreign Relations of the Senate and the 
                        Committee on Foreign Affairs of the House of 
                        Representatives on any written plan submitted 
                        by the country under subparagraph (D)(ii)(I), 
                        with an opportunity to review the written 
                        plan.'';
            (3) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the semicolon 
                at the end and inserting a period; and
                    (C) by adding at the end the following:
                    ``(D) the extent to which the government of the 
                country is devoting sufficient budgetary resources--
                            ``(i) to investigate and prosecute acts of 
                        severe trafficking in persons;
                            ``(ii) to convict and sentence persons 
                        responsible for such acts; and
                            ``(iii) to obtain restitution for victims 
                        of human trafficking;
                    ``(E) the extent to which the government of the 
                country is devoting sufficient budgetary resources--
                            ``(i) to protect and support victims of 
                        trafficking in persons; and
                            ``(ii) to prevent severe forms of 
                        trafficking in persons; and
                    ``(F) the extent to which the government of the 
                country has consulted with domestic and international 
                civil society organizations that resulted in concrete 
                actions to improve the provision of services to victims 
                of trafficking in persons.''; and
            (4) by adding at the end the following:
            ``(4) Action plans for countries upgraded to tier 2 
        watchlist.--
                    ``(A) In general.--Not later than 180 days after 
                the release of the annual Trafficking in Persons 
                Report, the Secretary of State, acting through the 
                Ambassador-at-Large of the Office to Monitor and Combat 
                Trafficking and the Assistant Secretary of the 
                appropriate regional bureau, in consultation with 
                appropriate officials from the government of each 
                country described in paragraph (2)(A)(ii), and with the 
                assistance of the United States Ambassador or Charge 
                d'Affaires in each country, shall--
                            ``(i) prepare an action plan for each 
                        country upgraded from Tier 3 to Tier 2 
                        Watchlist to further improve such country's 
                        tier ranking under this subsection; and
                            ``(ii) present the relevant action plan to 
                        the government of each such country.
                    ``(B) Contents.--Each action plan prepared under 
                this paragraph--
                            ``(i) shall include specific concrete 
                        actions to be taken by the country to 
                        substantively address deficiencies preventing 
                        the country from meeting Tier 2 standards, 
                        based on credible information; and
                            ``(ii) should be focused on short-term and 
                        multi-year goals.
                    ``(C) Briefings.--The Ambassador-at-Large of the 
                Office to Monitor and Combat Trafficking and all 
                appropriate regional Assistant Secretaries shall make 
                themselves available to brief the Committee on Foreign 
                Relations of the Senate, the Committee on 
                Appropriations of the Senate, the Committee on Foreign 
                Affairs of the House of Representatives, and the 
                Committee on Appropriations of the House of 
                Representatives on the implementation of each action 
                plan prepared under this paragraph.
                    ``(D) Savings provision.--Nothing in this paragraph 
                may be construed as modifying--
                            ``(i) minimum standards for the elimination 
                        of trafficking under section 108; or
                            ``(ii) the actions against governments 
                        failing to meet minimum standards under this 
                        section or the criteria for placement on the 
                        Special Watch List under paragraph (2).''.

SEC. 7. COMMUNICATION WITH GOVERNMENTS OF COUNTRIES DESIGNATED AS TIER 
              2 WATCH LIST COUNTRIES ON THE TRAFFICKING IN PERSONS 
              REPORT.

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

SEC. 8. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-TRAFFICKING 
              INTERVENTIONS IN MULTILATERAL DEVELOPMENT BANKS.

    (a) Requirements.--The Secretary of the Treasury, in consultation 
with the Secretary of State, acting through the Ambassador at Large for 
Monitoring and Combating Trafficking in Persons, shall instruct the 
United States Executive Director of each multilateral development bank 
to initiate discussions with the other executive directors and 
management of the respective multilateral development bank to--
            (1) further develop anti-human trafficking provisions in 
        relevant project development, safeguards, procurement, and 
        evaluation policies;
            (2) employing a risk-based approach, require human 
        trafficking risk assessments and integration plans as a routine 
        part of developing projects through existing, forthcoming or 
        new mechanisms and processes;
            (3) support analyses of the impact of severe forms of 
        trafficking in persons on key indicators of economic and social 
        development and of the benefits of reducing human trafficking 
        on economic and social development;
            (4) support the proactive integration of effective anti-
        trafficking interventions into projects with the objectives of 
        enhancing development outcomes and reducing the incidence of 
        severe forms of trafficking in project areas;
            (5) increase the capacity of multilateral development banks 
        and of recipient governments to conduct human trafficking risk 
        assessments and integrate anti-trafficking interventions into 
        projects;
            (6) support the development of meaningful risk mitigation 
        and reduction policies, regulations, and strategies within the 
        multilateral development banks to reduce the incidence and 
        prevalence of severe forms of trafficking in persons and 
        enhance development outcomes that may be improved by reducing 
        the incidence and prevalence of human trafficking; and
            (7) support the inclusion of human trafficking risk 
        analysis in the development of relevant country strategies by 
        each multilateral development bank.
    (b) Briefings.--The Secretary of the Treasury shall make relevant 
officials available to brief the Committee on Foreign Relations of the 
Senate, the Committee on Appropriations of the Senate, the Committee on 
Financial Services of the House of Representatives, and the Committee 
on Appropriations of the House of Representatives on the implementation 
of this section.

            Passed the Senate December 17, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 1862

_______________________________________________________________________

                                 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.