[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 377 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 377

  To amend the Trafficking Victims Protection Act of 2000 to clarify 
    report dates, modify the criteria for determinations of whether 
    countries are meeting the minimum standards for elimination of 
   trafficking, and highlight the importance of concrete actions by 
      countries to eliminate trafficking, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2017

   Mr. Menendez (for himself, Mr. Rubio, Mr. Kaine, and Mr. Gardner) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To amend the Trafficking Victims Protection Act of 2000 to clarify 
    report dates, modify the criteria for determinations of whether 
    countries are meeting the minimum standards for elimination of 
   trafficking, and highlight the importance of concrete actions by 
      countries to eliminate 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 In Persons Report 
Integrity Act''.

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;
            (2) by inserting after paragraph (4) the following:
            ``(5) Concrete actions.--The term `concrete actions' means 
        any of the following actions that demonstrably improve the 
        condition of a substantial number of victims of human 
        trafficking and persons vulnerable to human trafficking:
                    ``(A) Enforcement actions taken.
                    ``(B) Investigations actively underway.
                    ``(C) Prosecutions conducted.
                    ``(D) Convictions attained.
                    ``(E) Training provided.
                    ``(F) Programs and partnerships actively underway.
                    ``(G) Victim services offered, including 
                immigration services and restitution.
                    ``(H) The amount of money the government in 
                question has committed to the actions described in 
                subparagraphs (A) through (G).
                    ``(I) An assessment of the impact of such actions 
                on the prevalence of human trafficking in the country.
            ``(6) Credible evidence.--The term `credible evidence' 
        means information relied upon by the Department of State to 
        make determinations relating to the provisions set forth in 
        this division, including--
                    ``(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 copies of relevant laws, regulations, 
                policies adopted or modified, enforcement actions taken 
                and judicial proceedings, training conducted, 
                consultations conducted, programs and partnerships 
                launched, and services provided;
                    ``(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; and
                    ``(G) information developed by multilateral 
                institutions.''; and
            (3) in paragraph (10), as redesignated--
                    (A) in the paragraph heading, by striking 
                ``nontrade-related'' and inserting ``non-anti-human 
                trafficking related'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``nontrade-related'' and inserting ``non-anti-
                human trafficking related''; and
                    (C) in subparagraph (A)(ix), by striking ``trade-
                related'' and inserting ``anti-human trafficking-
                related''.

SEC. 3. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    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 inserting ``and without bias'' after 
                ``vigorously''; and
                    (B) by striking ``if the government'' and inserting 
                the following: ``if--
                    ``(A) the government'';
                    (C) by striking ``such acts and the Secretary'' and 
                inserting the following: ``such acts;
                    ``(B) the Secretary''; and
                    (D) by striking ``such data.'' and inserting the 
                following: ``such data; and
                    ``(C) the Secretary has submitted copies of such 
                data and a description of such good faith efforts to 
                collect such data to the Committee on Foreign Relations 
                of the Senate and the Committee on Foreign Affairs of 
                the House of Representatives.''; and
            (2) in paragraph (7)--
                    (A) by inserting ``and without bias'' after 
                ``vigorously'';
                    (B) by inserting ``or enable'' after ``condone''; 
                and
                    (C) by striking ``if the government'' and inserting 
                the following: ``if--
                    ``(A) the government'';
                    (D) by striking ``such acts and the Secretary'' and 
                inserting the following: ``such acts;
                    ``(B) the Secretary''; and
                    (E) by striking ``such data.'' and inserting the 
                following: ``such data; and
                    ``(C) the Secretary has submitted copies of such 
                data and a description of such good faith efforts to 
                collect such data to the Committee on Foreign Relations 
                of the Senate and the Committee on Foreign Affairs of 
                the House of Representatives.''; and
            (3) by adding at the end the following:
            ``(13) Whether the government of the country--
                    ``(A) sponsors or otherwise facilitates forced 
                labor; or
                    ``(B) has policies that provide incentives for or 
                otherwise support the participation in or facilitation 
                of forced labor by officials at any level of 
                government.''.

SEC. 4. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS.

    (a) In General.--Section 110 of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7107) is amended--
            (1) in subsection (a), by striking ``nontrade-related'' and 
        inserting ``non-anti-human trafficking related''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``The report should'' and 
                        inserting ``The report shall 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'';
                            (ii) in subparagraph (A), by inserting 
                        ``based only on concrete actions taken by the 
                        country during the reporting year'' after 
                        ``such standards'';
                            (iii) in subparagraph (B) by inserting 
                        ``based only on concrete actions taken by the 
                        country during the reporting year (excluding 
                        any commitments by the country to take 
                        additional future steps over the next year)'' 
                        after ``compliance'';
                            (iv) in subparagraph (C), by striking 
                        ``compliance;'' and inserting the following:
                    ``compliance, including all countries in which--
                            ``(i) central government officials 
                        participate in or facilitate forced labor; and
                            ``(ii) the central government maintains 
                        policies that provide incentives for or 
                        otherwise support the participation in or 
                        facilitation of force labor by officials at any 
                        level of government;'';
                            (v) in subparagraph (F), by striking 
                        ``and'' at the end;
                            (vi) in subparagraph (G), by striking the 
                        period at the end and inserting ``; and''; and
                            (vii) by adding at the end the following:
                    ``(H) for each country included in a different list 
                than the country had been placed in the previous annual 
                report, a detailed explanation of how the concrete 
                actions (or lack of such actions) undertaken by the 
                country during the previous reporting period 
                contributed to such change, including a clear linkage 
                between such actions and the minimum standards 
                enumerated in section 108.'';
                    (B) in paragraph (2)--
                            (i) 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);
                            (ii) in subparagraph (B), by striking ``the 
                        last annual report'' and inserting ``April 1 of 
                        the previous year'';
                            (iii) in subparagraph (D)--
                                    (I) in clause (i), by striking 
                                ``2008,'' and all that follows and 
                                inserting--
                            ``2008--
                                    ``(I) shall be included on the list 
                                of countries described in paragraph 
                                (1)(C); and
                                    ``(II) shall be required to meet 
                                the requirements specified in paragraph 
                                (1)(B) before the country may be 
                                removed from the list of countries 
                                described in paragraph (1)(C).'';
                                    (II) in clause (ii)--
                                            (aa) by striking ``2 
                                        years'' and inserting ``1 
                                        year'';
                                            (bb) in subclause (II), by 
                                        striking ``and'';
                                            (cc) in subclause (III), by 
                                        striking the period at the end 
                                        and inserting ``; and''; and
                                            (dd) by adding at the end 
                                        the following:
                                    ``(IV) the country has taken 
                                concrete actions to implement the 
                                principal recommendations of the most 
                                recent annual report on trafficking in 
                                persons with respect to that 
                                country.''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) Written plan.--The Secretary of 
                        State shall endeavor to work with each country 
                        that receives a waiver under clause (ii) and 
                        with civil society organizations in each 
                        country to draft and implement a written plan 
                        described in such clause.''; and
                            (iv) in subparagraph (E), by striking 
                        ``shall provide'' and all that follows and 
                        inserting the following: ``shall provide, on a 
                        publicly available website maintained by the 
                        Department of State--
                            ``(i) a detailed description of the 
                        credible evidence supporting such 
                        determination;
                            ``(ii) the written plan submitted by the 
                        country under subparagraph (D)(ii)(I); and
                            ``(iii) supporting documentation providing 
                        credible evidence of--
                                    ``(I) each concrete action by the 
                                country to bring itself into compliance 
                                with the minimum standards for the 
                                elimination of trafficking, including 
                                copies of relevant laws or regulations 
                                adopted or modified; and
                                    ``(II) any actions taken by that 
                                country to enforce the minimum 
                                standards for the elimination of 
                                trafficking, as appropriate.'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                    ``(D) the extent to which the government of the 
                country is devoting sufficient budgetary resources--
                            ``(i) to investigate and prosecute acts of 
                        severe trafficking in persons;
                            ``(ii) to convict and sentence persons 
                        responsible for such acts; and
                            ``(iii) to obtain restitution for victims 
                        of human trafficking;
                    ``(E) the extent to which the government of the 
                country is devoting sufficient budgetary resources--
                            ``(i) to protect and rehabilitate victims 
                        of trafficking in persons; and
                            ``(ii) to prevent trafficking in persons;
                    ``(F) the extent to which the government of the 
                country has consulted with domestic and international 
                civil society organizations to improve the provision of 
                services to victims of trafficking in persons; and
                    ``(G) whether--
                            ``(i) government officials participate in 
                        or facilitate forced labor and human 
                        trafficking; and
                            ``(ii) the government maintains policies 
                        that provide incentives for or otherwise 
                        support the participation in or facilitation of 
                        forced labor and human trafficking by officials 
                        at any level of government.''; and
                    (D) by adding at the end the following:
            ``(4) Special rule for changes in certain determinations.--
        Not later than 90 days after the submission of each annual 
        report under paragraph (1), the Secretary of State shall submit 
        a detailed description of the credible evidence supporting a 
        change in listing of a country, accompanied by copies of 
        documents providing such evidence, as appropriate, to the 
        appropriate congressional committees not later than 90 days 
        after the submission of that report if--
                    ``(A) a country is included on a list of countries 
                described in paragraph (1)(C) in an annual report 
                submitted in calendar year 2015 or in any calendar year 
                thereafter; and
                    ``(B) in the annual report submitted in the next 
                calendar year, the country is listed on a list of 
                countries described in paragraph (1)(B).
            ``(5) Written plan.--The Secretary of State shall endeavor 
        to work with each country that has been listed pursuant to 
        paragraph (1)(C) in the most recent annual report and civil 
        society organizations to draft and implement the written plan 
        described in paragraph (2)(D)(ii).''.
    (b) Limitation of Waiver Authority.--Section 110(d) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d)) is 
amended--
            (1) in paragraph (1)--
                    (A) in the paragraph heading, by striking 
                ``nontrade-related'' and inserting ``non-anti-human 
                trafficking related'';
                    (B) by striking subparagraph (B);
                    (C) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by striking ``(i)''; and
                                    (II) by striking ``nontrade-
                                related'' and inserting ``non-anti-
                                human trafficking related''; and
                            (ii) by redesignating clause (ii) as 
                        subparagraph (B); and
                    (D) in subparagraph (B), as redesignated, by 
                striking ``nontrade-related'' and inserting ``non-anti-
                human trafficking related'';
            (2) in paragraph (4)--
                    (A) by striking ``nontrade-related'' and inserting 
                ``non-anti-human trafficking related''; and
                    (B) by striking ``or the multilateral assistance 
                described in paragraph (1)(B), or both,''; and
            (3) in paragraph (5)(A)--
                    (A) in clause (i)--
                            (i) by striking ``nontrade-related'' and 
                        inserting ``non-anti-human trafficking 
                        related''; and
                            (ii) by adding ``or'' at the end;
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii); 
                and
    (c) Subsequent Waiver Authority.--Section 110(f) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7107(f)) is amended by 
inserting ``and has submitted a report to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives that describes in detail the credible evidence 
that the country has taken concrete actions to implement the principal 
recommendations of the most recent annual report on trafficking in 
persons with respect to that country and includes copies of relevant 
documents'' after ``government of a country''.

SEC. 5. UNITED STATES OPPOSITION TO ANY ACTION BY CERTAIN MULTILATERAL 
              DEVELOPMENT BANKS THAT DOES NOT REQUIRE THE RECIPIENT 
              GOVERNMENT TO WORK TO ELIMINATE HUMAN TRAFFICKING.

    (a) Definitions.--In this section--
            (1) the term ``human trafficking risk assessment'' means an 
        assessment of--
                    (A) the magnitude and modalities of trafficking in 
                persons in the borrower country, including in areas 
                directly affected by the project;
                    (B) the expected impact of the proposed loan, 
                project, agreement, memorandum, instrument, plan, or 
                other program on trafficking in persons in the borrower 
                country, including in areas directly affected by the 
                project;
                    (C) whether the borrower country protects and 
                provide services for victims of trafficking in persons;
                    (D) whether the borrower country vigorously and 
                without bias investigates and prosecutes acts of 
                trafficking in persons;
                    (E) whether the borrower country has adopted 
                effective measures to prevent trafficking in persons;
                    (F) whether the government of the borrower 
                country--
                            (i) sponsors or otherwise facilitates 
                        forced labor; or
                            (ii) has policies that provide incentives 
                        for, or otherwise support the participation in 
                        or facilitation of, forced labor by officials 
                        at any level of government;
                    (G) recommended anti-human trafficking actions to 
                be undertaken as part of the proposed loan, project, 
                agreement, memorandum, instrument, plan, or other 
                program;
                    (H) efforts undertaken by the multilateral 
                development bank to ensure that products and services 
                procured for the proposed loan, project, agreement, 
                memorandum, instrument, plan, or other program are free 
                of forced labor;
                    (I) grant funding made available by the 
                multilateral development bank for civil society 
                organizations to apply to monitor, implement, or 
                evaluate anti-human trafficking actions undertaken as 
                part of the proposed loan, project, agreement, 
                memorandum, instrument, plan, or other program;
                    (J) academic and civil society analyses of human 
                trafficking in the borrower country; and
                    (K) other factors relevant to human trafficking in 
                the borrower country.
            (2) the term ``multilateral development bank'' includes--
                    (A) the International Bank for Reconstruction and 
                Development;
                    (B) the European Bank for Reconstruction and 
                Development;
                    (C) the International Development Association;
                    (D) the International Finance Corporation;
                    (E) the Multilateral Investment Guarantee Agency;
                    (F) the Inter-American Development Bank;
                    (G) the Inter-American Investment Corporation;
                    (H) the Asian Development Bank;
                    (I) the African Development Bank; and
                    (J) the African Development Fund.
    (b) Requirements.--The President shall instruct the United States 
Executive Director of each multilateral development bank--
            (1) to support the United States policy goal of advancing 
        the cause of ending modern slavery and human trafficking, 
        including by seeking to channel assistance toward countries 
        other than countries whose governments--
                    (A) do not fully comply with the minimum standards 
                set forth in section 108(a) of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7106(a)); and
                    (B) are not making significant efforts to comply 
                with such standards;
            (2) to use the voice and vote of the United States to 
        oppose any loan, project, agreement, memorandum, instrument, 
        plan, or other program (other than for humanitarian assistance, 
        or for development assistance which directly addresses basic 
        human needs, is not administered by the government of the 
        country, and confers no benefit to that government) involving a 
        country that is described in paragraph (1)(C) or (2)(A)(iii) of 
        section 110(b) of the Trafficking Victims Protection Act of 
        2000 (22 U.S.C. 7107(b)) (commonly known as ``Tier 3 
        Countries'' and ``Tier 2 Watch List Countries'', respectively);
            (3) to encourage other nations to adopt policies that are 
        consistent with paragraph (2);
            (4) to initiate discussions with the other executive 
        directors of the respective multilateral development bank 
        proposing that each such institution develop anti-human 
        trafficking provisions in its project development, safeguards, 
        procurement, and evaluation policies, taking into consideration 
        the minimum standards set forth in section 108(a) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(a)), 
        the Abolition of Forced Labour Convention, 1957, which was 
        adopted by the International Labour Organisation in Geneva on 
        June 25, 1957, and the Protocol to Prevent, Suppress, and 
        Punish Trafficking in Persons, Especially Women and Children, 
        Supplementing the United Nations Convention Against 
        Transnational Organized Crime, which was adopted by the United 
        Nations General Assembly on November, 15, 2000;
            (5) to seek, through discussions and negotiations with the 
        other member countries of the multilateral development banks 
        and with the management of such banks, the adoption of policies 
        and procedures providing governmental agencies and interested 
        members of the public of such member countries with access to 
        human trafficking risk assessments that--
                    (A) are made available to such governmental 
                agencies and interested members of the public not later 
                than 120 days before scheduled board action; and
                    (B) encourage public participation in review of the 
                relevant human trafficking risk information; and
            (6) to ensure that a human trafficking risk assessment, or 
        a comprehensive summary of such assessment, accompanies loan 
        proposals through the agency review process.
    (c) Waiver Authority.--The President may waive the requirement 
described in subsection (b)(2) on a case-by-case basis with respect to 
an individual loan, project, agreement, memorandum, instrument, plan, 
or other program, if, not later than 120 days before the date on which 
the bank is scheduled to vote on such issue, the President submits a 
report to the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives that--
            (1) includes a determination by the President that the 
        provision of a loan, project, agreement, memorandum, 
        instrument, plan, or other assistance would promote the 
        purposes of the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7101 et seq.) or is otherwise in the national interest 
        of the United States;
            (2) certifies that no assistance is intended to be received 
        or used by any agency or official who has participated in, 
        facilitated, or condoned a severe form of trafficking in 
        persons;
            (3) certifies that the President has not granted a waiver 
        to the country under section 110(d) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7107(d));
            (4) describes the concrete actions to combat human 
        trafficking taken by the country since the release of the most 
        recent annual report on trafficking in persons;
            (5) certifies that an assessment analyzing the human 
        trafficking risks of the proposed project, agreement, 
        memorandum, instrument, plan, or other assistance has been--
                    (A) completed by the multilateral development bank; 
                and
                    (B) made available to the board of directors of the 
                bank, affected groups, local civil society 
                organizations, and the public; and
            (6) describes the actions taken by the Secretary of State 
        to engage with the country on human trafficking.
    (d) Use of United States Government Personnel.--The Secretary of 
the Treasury, in consultation with the Secretary of State, the Attorney 
General, and the Administrator of the Agency for International 
Development, shall--
            (1) make available to the multilateral development banks, 
        without charge, appropriate United States Government personnel 
        and technical experts contracted by the United States 
        Government to assist in--
                    (A) developing anti-human trafficking provisions in 
                project development, safeguards, procurement, and 
                evaluation policies;
                    (B) training institution staff in anti-human 
                trafficking best practices;
                    (C) providing advice on anti-human trafficking 
                issues;
                    (D) preparing human trafficking risk assessments; 
                and
                    (E) preparing documents for public release; and
            (2) encourage other member countries of such banks to 
        provide similar assistance.
    (e) Reporting Requirements.--
            (1) In general.--Not later than July 1 of each year, the 
        Secretary of the Treasury shall submit an annual report to the 
        Chairman and Ranking Member of the Committee on Foreign 
        Relations of the Senate and the Chairman and Ranking Member of 
        the Committee on Foreign Affairs of the House of 
        Representatives that describes all loans to Tier 3 Countries 
        and Tier 2 Watch List Countries that were considered by the 
        Board of Executive Directors of each multilateral development 
        bank during the preceding 12-month reporting period.
            (2) Contents.--Each report required under paragraph (1) 
        shall--
                    (A) include a list of all loans considered by the 
                Board of Executive Directors of each multilateral 
                development bank;
                    (B) specify, with respect to each such loan--
                            (i) the institution involved;
                            (ii) the date of final action;
                            (iii) the borrower;
                            (iv) the amount;
                            (v) the project or program;
                            (vi) the vote of the United States 
                        Government;
                            (vii) the reason for United States 
                        Government opposition, if any; and
                            (viii) the final disposition of the loan;
                    (C) indicate whether the United States has opposed 
                any loan, financial assistance, or technical assistance 
                to a country based upon the prevalence of human 
                trafficking within such country;
                    (D) indicate whether the United States has voted in 
                favor of a loan, financial assistance, or technical 
                assistance to a country with respect to which the 
                United States had, in the preceding 2 years, opposed a 
                loan, financial assistance, or technical assistance 
                based upon a reduction of human trafficking within such 
                country;
                    (E) in cases in which the United States changed its 
                voting position, regarding a loan, financial 
                assistance, or technical assistance to a country, from 
                opposition to support or from support to opposition 
                based upon the response by the government of such 
                country to human trafficking within such country--
                            (i) indicate the policy considerations that 
                        were taken into account in the development of 
                        the United States voting position;
                            (ii) indicate how the United States voted 
                        on all other loans, financial assistance, and 
                        technical assistance to such country during the 
                        preceding 2 years; and
                            (iii) describe how the United States voting 
                        position relates to the overall United States 
                        Government policy on human trafficking in such 
                        country;
                    (F) describe the efficacy of efforts by the United 
                States to encourage consistent and timely human 
                trafficking risk assessments of actions proposed to be 
                taken by the multilateral development banks; and
                    (G) describe the progress made by the multilateral 
                development banks in developing and instituting anti-
                human trafficking provisions in project development, 
                safeguards, procurement, and evaluation policies.
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