[Congressional Record Volume 164, Number 202 (Friday, December 21, 2018)]
[House]
[Pages H10539-H10544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FREDERICK DOUGLASS TRAFFICKING VICTIMS PREVENTION AND PROTECTION
REAUTHORIZATION ACT OF 2017
Mr. ROYCE of California. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendment to the bill (H.R. 2200) to reauthorize
the Trafficking Victims Protection Act of 2000, and for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate 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.
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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
[[Page H10541]]
``(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
[[Page H10542]]
(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
[[Page H10543]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE of California. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and to include any extraneous material in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE of California. Mr. Speaker, I yield myself such time as I
may consume.
[[Page H10544]]
Mr. Speaker, the Senate unanimously passed this amendment version of
H.R. 2200, the Frederick Douglass Trafficking Victims Prevention and
Protection Reauthorization Act, which the House originally passed back
in July. It is part of a bipartisan, bicameral package of bills to
reauthorize and to strengthen our Nation's effort to combat human
trafficking. It deserves our unanimous support.
Mr. Speaker, I yield back the balance of my time.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of this measure.
The measure before us reauthorizes the Trafficking Victims Protection
Act to make protection for survivors more effective, improve the way we
prevent this crime, and ensure that we are prosecuting those
responsible.
This bipartisan bill passed the Senate unanimously. A very similar
version passed the House by voice vote in July of 2017. Mr. Speaker, I
urge all Members to join me and the chairman in supporting it.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, as prime author of the landmark
Trafficking Victims Protection Act of 2000 (TVPA), it is an honor to
present the new Frederick Douglass Trafficking Victims Prevention and
Protection Reauthorization Act.
This bipartisan bill--and I thank Karen Bass for her cosponsorship
and strong support--is a comprehensive, reauthorization and expansion
of key elements of the TVPA and related policies.
In the fight to end modern day slavery, my new bill honors the
extraordinary legacy of one of the greatest Americans who ever lived.
Born a slave in 1818--we celebrated the 200th anniversary of his
birth this year--Frederick Douglass escaped slavery when he was 20 and
dedicated his entire life to abolishing slavery and after emancipation,
to ending Jim Crow laws, all the while struggling for full equality. A
gifted orator, author, editor, statesman (and Republican), he died in
1895.
The Frederick Douglass bill before us today authorizes over $430
million over 4 years to prevent human trafficking, protect victims, and
beef up prosecution of those involved in this nefarious trade both at
home and abroad. It provides:
$18 million over three years to the Departments of Homeland
Security, Justice, and State to fund the International Megan's Law
$78 million over four years to the Department of Health and Human
Services
$20 million over four years to the Department of Labor
$315 million over four years to the Department of State
Additional funding to train airport personnel, flight attendants, and
pilots to recognize and report to law enforcement potential trafficking
victims in transit
Specifically, the new bill significantly expands our efforts to
combat trafficking by:
Ensuring vulnerable children, throughout the United States, are
educated to avoid traffickers;
Encouraging job training for trafficking survivors, especially those
who were exploited in sex trafficking as children;
Preferring in government travel contracts airlines and hotels that
have in place anti-trafficking training and reporting policies for
their employees;
Keeping goods made by child trafficking victims out of the United
States by ensuring funding for and enhancing Department of Labor
reports on slave-made goods;
Encouraging enforcement of the Tariff Act of 1930's prohibition on
the importation of goods made with forced labor;
Helping survivors get back on their feet by treating civil damages
they win from their traffickers the same as criminal restitution;
Designating one prosecutor in each of the Department of Justice's
focus districts to investigate and prosecute labor trafficking cases;
Preventing abuse of domestic servants in embassies and diplomatic
homes in the United States;
Encouraging credible and effective use of the trafficking tier
ranking system by the U.S. Department of State in the annual
Trafficking in Persons Report; and
Strengthening implementation of all U.S. laws and regulations in
place to prevent U.S. government purchases from putting money in the
hands of traffickers and encouraging accountability for U.S. government
contractors involved in human trafficking;
Empowering trafficking survivors to be more involved in the
development of human trafficking policy; and
Integrating the fight against human trafficking into U.S. foreign
assistance more fully.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and concur in the Senate amendment to the bill, H.R. 2200.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MASSIE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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