[Congressional Record Volume 164, Number 202 (Friday, December 21, 2018)]
[House]
[Pages H10548-H10550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2017

  Mr. ROYCE of California. Mr. Speaker, I move to suspend the rules and 
pass the bill (S. 1862) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1862

       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

[[Page H10549]]

     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.

  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 in which to revise and extend 
their remarks and include extraneous material on the bill.
  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.
  Mr. Speaker, S. 1862, the Trafficking Victims Protection 
Reauthorization Act, passed the Senate unanimously. It is part of a 
package of bipartisan bills negotiated between the House and the Senate 
to reauthorize, reform, and strengthen our Nation's efforts to combat 
human trafficking.
  Mr. Speaker, it deserves our unanimous support, and 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. This is another good 
measure to strengthen our government's response to the horrific 
practice of human trafficking. The Trafficking Victims Protection 
Reauthorization Act passed the Senate with strong bipartisan support.
  Mr. Speaker, I urge all Members to join me in supporting its passage, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by

[[Page H10550]]

the gentleman from California (Mr. Royce) that the House suspend the 
rules and pass the bill, S. 1862.
  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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