[Congressional Record Volume 168, Number 186 (Thursday, December 1, 2022)]
[Senate]
[Pages S6925-S6928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERNATIONAL TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF
2022
Mr. MENENDEZ. Mr. President, I come to the floor today to get this
body to act in the face of one of the most heinous forms of
exploitation on the planet, which is human trafficking.
The year is almost over; the Congress is coming to a close; we are
running out of time; and the Senate still has not passed the Menendez-
Risch International Trafficking Victims Protection Reauthorization Act,
which was reported out of the Foreign Relations Committee by voice vote
over 5 months ago.
Therefore, as in legislative session, I ask unanimous consent that
the Senate proceed to the immediate consideration of calendar No. 407,
S. 4171.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 4171) to reauthorize the Trafficking Victims
Protection Act of 2000, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations, with
an amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Trafficking
Victims Protection Reauthorization Act of 2022.''.
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 HUMAN TRAFFICKING ABROAD
Sec. 101. United States support for integration of anti-trafficking in
persons interventions in multilateral development banks.
Sec. 102. Expanding prevention efforts at the United States Agency for
International Development.
Sec. 103. Counter-trafficking in persons efforts in development
cooperation and assistance policy.
Sec. 104. Technical amendments to tier rankings.
[[Page S6926]]
Sec. 105. Modifications to the program to end modern slavery.
Sec. 106. Clarification of nonhumanitarian, nontrade-related foreign
assistance.
Sec. 107. Expanding protections for domestic workers of official and
diplomatic visa holders.
Sec. 108. Effective dates.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 202. Extension of authorizations under the International Megan's
Law.
TITLE III--BRIEFINGS
Sec. 301. Briefing on annual trafficking in person's report.
Sec. 302. Briefing on use and justification of waivers.
TITLE I--COMBATING HUMAN TRAFFICKING ABROAD
SEC. 101. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-
TRAFFICKING IN PERSONS 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 to Monitor and Combat Trafficking in
Persons, shall instruct the United States Executive Director
of each multilateral development bank (as defined in section
110(d) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(d))) to encourage the inclusion of a counter-
trafficking strategy, including risk assessment and
mitigation efforts as needed, in proposed projects in
countries listed--
(1) on the Tier 2 Watch List (required under section
110(b)(2)(A) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)(2)(A)), as amended by section
104(a));
(2) under subparagraph (C) of section 110(b)(1) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)(1)) (commonly referred to as ``tier 3''); and
(3) as Special Cases in the most recent report on
trafficking in persons required under such section (commonly
referred to as the ``Trafficking in Persons Report'').
(b) Briefings.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, shall brief the
appropriate congressional committees regarding the
implementation of this section.
(c) GAO Report.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report that details the activities of the United
States relating to combating human trafficking, including
forced labor, within multilateral development projects.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 102. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES
AGENCY FOR INTERNATIONAL DEVELOPMENT.
(a) In General.--In order to strengthen prevention efforts
by the United States abroad, the Administrator of the United
States Agency for International Development (referred to in
this section as the ``Administrator'') shall, to the extent
practicable and appropriate--
(1) encourage the integration of activities to counter
trafficking in persons (referred to in this section as ``C-
TIP'') into broader assistance programming;
(2) determine a reasonable definition for the term ``C-TIP
Integrated Development Programs,'' which shall include any
programming to address health, food security, economic
development, education, democracy and governance, and
humanitarian assistance that includes a sufficient C-TIP
element; and
(3) ensure that each mission of the United States Agency
for International Development (referred to in this section as
``USAID'')--
(A) integrates a C-TIP component into development programs,
project design, and methods for program monitoring and
evaluation, as necessary and appropriate, when addressing
issues, including--
(i) health;
(ii) food security;
(iii) economic development;
(iv) education;
(v) democracy and governance; and
(vi) humanitarian assistance;
(B) continuously adapts, strengthens, and implements
training and tools related to the integration of a C-TIP
perspective into the work of development actors; and
(C) encourages USAID Country Development Cooperation
Strategies to include C-TIP components in project design,
implementation, monitoring, and evaluation, as necessary and
appropriate.
(b) Reports and Briefings Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of an Act making appropriations for the
Department of State, Foreign Operations, and Related Programs
through fiscal year 2026, the Secretary of State, in
consultation with the Administrator, shall submit to the
appropriate congressional committees a report on obligations
and expenditures of all funds managed by the Department of
State and USAID in the prior fiscal year to combat human
trafficking and forced labor, including integrated C-TIP
activities.
(2) Contents.--The report required by paragraph (1) shall
include--
(A) a description of funding aggregated by program,
project, and activity; and
(B) a description of the management structure at the
Department of State and USAID used to manage such programs.
(3) Biennial briefing.--Not later than 6 months of after
the date of the enactment of this Act, and every 2 years
thereafter through fiscal year 2026, the Secretary of State,
in consultation with the Administrator, shall brief the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
on the implementation of subsection (a).
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 103. COUNTER-TRAFFICKING IN PERSONS EFFORTS IN
DEVELOPMENT COOPERATION AND ASSISTANCE POLICY.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
is amended--
(1) in section 102(b)(4)(22 U.S.C. 2151-1(b)(4))--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(H) effective counter-trafficking in persons policies and
programs.''; and
(2) in section 492(d)(1)(22 U.S.C. 2292a(d)(1))--
(A) by striking ``that the funds'' and inserting the
following: ``that--
``(A) the funds'';
(B) in subparagraph (A), as added by subparagraph (A) of
this paragraph, by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(B) in carrying out the provisions of this chapter, the
President shall, to the greatest extent possible--
``(i) ensure that assistance made available under this
section does not create or contribute to conditions that can
be reasonably expected to result in an increase in
trafficking in persons who are in conditions of heightened
vulnerability as a result of natural and manmade disasters;
and
``(ii) integrate appropriate protections into the planning
and execution of activities authorized under this chapter.''.
SEC. 104. TECHNICAL AMENDMENTS TO TIER RANKINGS.
(a) Modifications to Tier 2 Watch List.--Section 110(b)(2)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)(2)), is amended--
(1) in the paragraph heading, by striking ``Special'' and
inserting ``Tier 2''; and
(2) in subparagraph (A)--
(A) by striking ``of the following countries'' and all that
follows through ``annual report, where--''and inserting ``of
countries that have been listed pursuant to paragraph (1)(B)
pursuant to the current annual report, in which--''; and
(B) by redesignating subclauses (I) and (II) as clauses (i)
and (ii), respectively, and moving such clauses (as so
redesignated) 2 ems to the left.
(b) Modification to Special Rule for Downgraded and
Reinstated Countries.--Section 110(b)(2)(F) of such Act (22
U.S.C. 7107(b)(2)(F)) is amended--
(1) in the matter preceding clause (i), by striking
``special watch list described in subparagraph (A)(iii) for
more than 1 consecutive year after the country'' and
inserting ``Tier 2 watch list described in subparagraph (A)
for more than one year immediately after the country
consecutively'';
(2) in clause (i), in the matter preceding subclause (I),
by striking ``special watch list described in subparagraph
(A)(iii)'' and inserting ``Tier 2 watch list described in
subparagraph (A)''; and
(3) in clause (ii), by inserting ``in the year following
such waiver under subparagraph (D)(ii)'' after ``paragraph
(1)(C)''.
(c) Conforming Amendments.--
(1) Trafficking victims protection act of 2000.--Section
110(b) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)), as amended by subsections (a) and (b), is
further amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``special watch list''
and inserting ``Tier 2 watch list'';
(ii) in subparagraph (C)--
(I) in the subparagraph heading, by striking ``special
watch list'' and inserting ``Tier 2 watch list''; and
(II) by striking ``special watch list'' and inserting
``Tier 2 watch list''; and
(iii) in subparagraph (D)--
(I) in the subparagraph heading, by striking ``special
watch list'' and inserting ``Tier 2 watch list''; and
(II) in clause (i), by striking ``special watch list'' and
inserting ``Tier 2 watch list'';
(B) in paragraph (3)(B), in the matter preceding clause
(i), by striking ``clauses (i), (ii), and (iii) of''; and
(C) in paragraph (4)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``each country described in paragraph
(2)(A)(ii)'' and inserting ``each country described in
paragraph (2)(A)''; and
(ii) in subparagraph (D)(ii), by striking ``the Special
Watch List'' and inserting ``the Tier 2 watch list''.
(2) Frederick douglass trafficking victims prevention and
protection reauthorization act of 2018.--Section 204(b)(1) of
the Frederick
[[Page S6927]]
Douglass Trafficking Victims Prevention and Protection
Reauthorization Act of 2018 (Public Law 115-425) is amended
by striking ``special watch list'' and inserting ``Tier 2
watch list''.
(3) Bipartisan congressional trade priorities and
accountability act of 2015.--Section 106(b)(6)(E)(iii) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (19 U.S.C. 4205(b)(6)(E)(iii) is amended by
striking ``under section'' and all that follows and inserting
``under section 110(b)(2)(A) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A))''.
SEC. 105. MODIFICATIONS TO THE PROGRAM TO END MODERN SLAVERY.
(a) In General.--Section 1298 of the National Defense
Authorization Act for Fiscal Year 2017 (22 U.S.C. 7114) is
amended--
(1) in subsection (a)(1), by striking ``Not later than 90
days after the date of the enactment of this Act'' and
inserting ``Not later than 90 days after the date of the
enactment of the International Trafficking Victims Protection
Reauthorization Act of 2022'';
(2) in subsection (g)--
(A) by striking ``Appropriations'' in the heading and all
that follows through ``There is authorized'' and inserting
``Appropriations .--There is authorized''; and
(B) by striking paragraph (2); and
(3) in subsection (h)(1), by striking ``Not later than
September 30, 2018, and September 30, 2020'' and inserting
``Not later than September 30, 2022, and September 30,
2026''.
(b) Eligibility.--To be eligible for funding under the
Program to End Modern Slavery of the Office to Monitor and
Combat Trafficking in Persons, a grant recipient shall--
(1) publish the names of all subgrantee organizations on a
publicly available website; or
(2) if the subgrantee organization expresses a security
concern, the grant recipient shall relay such concerns to the
Secretary of State, who shall transmit annually the names of
all subgrantee organizations in a classified annex to the
chairs of the appropriate congressional committees (as
defined in section 1298(i) of the National Defense
Authorization Act of 2017 (22 U.S.C. 7114(i))).
(c) Award of Funds.--All grants issued under the program
referred to in subsection (b) shall be--
(1) awarded on a competitive basis; and
(2) subject to the regular congressional notification
procedures applicable with respect to grants made available
under section 1298(b) of the National Defense Authorization
Act of 2017 (22 U.S.C. 7114(b)).
SEC. 106. CLARIFICATION OF NONHUMANITARIAN, NONTRADE-RELATED
FOREIGN ASSISTANCE.
(a) Clarification of Scope of Withheld Assistance.--Section
110(d)(1) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(d)(1)) is amended to read as follows:
``(1) Withholding of assistance.--The President has
determined that--
``(A) the United States will not provide nonhumanitarian,
nontrade-related foreign assistance to the central government
of the country or funding to facilitate the participation by
officials or employees of such central government in
educational and cultural exchange programs, for the
subsequent fiscal year until such government complies with
the minimum standards or makes significant efforts to bring
itself into compliance; and
``(B) the President will instruct the United States
Executive Director of each multilateral development bank and
of the International Monetary Fund to vote against, and to
use the Executive Director's best efforts to deny, any loan
or other utilization of the funds of the respective
institution to that country (other than for humanitarian
assistance, for trade-related assistance, or for development
assistance that directly addresses basic human needs, is not
administered by the central government of the sanctioned
country, and is not provided for the benefit of that
government) for the subsequent fiscal year until such
government complies with the minimum standards or makes
significant efforts to bring itself into compliance.''.
(b) Definition of Non-Humanitarian, Nontrade Related
Assistance.--Section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(10)) is amended to
read as follows:
``(10) Nonhumanitarian, nontrade-related foreign
assistance.--
``(A) In general.--The term `nonhumanitarian, nontrade-
related foreign assistance' means--
``(i) United States foreign assistance, other than--
``(I) with respect to the Foreign Assistance Act of 1961--
``(aa) assistance for international narcotics and law
enforcement under chapter 8 of part I of such Act (22 U.S.C.
2291 et seq.);
``(bb) assistance for International Disaster Assistance
under subsections (b) and (c) of section 491 of such Act (22
U.S.C. 2292);
``(cc) antiterrorism assistance under chapter 8 of part II
of such Act (22 U.S.C. 2349aa et seq.); and
``(dd) health programs under chapters 1 and 10 of part I
and chapter 4 of part II of such Act (22 U.S.C. 2151 et
seq.);
``(II) assistance under the Food for Peace Act (7 U.S.C.
1691 et seq.);
``(III) assistance under sections 2(a), (b), and (c) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(a), (b), (c)) to meet refugee and migration needs;
``(IV) any form of United States foreign assistance
provided through nongovernmental organizations, international
organizations, or private sector partners--
``(aa) to combat human and wildlife trafficking;
``(bb) to promote food security;
``(cc) to respond to emergencies;
``(dd) to provide humanitarian assistance;
``(ee) to address basic human needs, including for
education;
``(ff) to advance global health security; or
``(gg) to promote trade; and
``(V) any other form of United States foreign assistance
that the President determines, by not later than October 1 of
each fiscal year, is necessary to advance the security,
economic, humanitarian, or global health interests of the
United States without compromising the steadfast U.S.
commitment to combatting human trafficking globally; or
``(ii) sales, or financing on any terms, under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), other than sales
or financing provided for narcotics-related purposes
following notification in accordance with the prior
notification procedures applicable to reprogrammings pursuant
to section 634A of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1).
``(B) Exclusions.--The term `nonhumanitarian, nontrade-
related foreign assistance' shall not include payments to or
the participation of government entities necessary or
incidental to the implementation of a program that is
otherwise consistent with section 110.''.
SEC. 107. EXPANDING PROTECTIONS FOR DOMESTIC WORKERS OF
OFFICIAL AND DIPLOMATIC VISA HOLDERS.
Section 203(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1375c(b)) is amended by inserting after paragraph (4) the
following:
``(5) National expansion of in-person registration
program.--The Secretary shall administer the Domestic Worker
In-Person Registration Program for employees with A-3 visas
or G-5 visas employed by accredited foreign mission members
or international organization employees and shall expand this
program nationally, which shall include--
``(A) after the arrival of each such employee in the United
States, and annually during the course of such employee's
employment, a description of the rights of such employee
under applicable Federal and State law; and
``(B) provision of a copy of the pamphlet developed
pursuant to section 202 to the employee with an A-3 visa or a
G-5 visa; and
``(C) information on how to contact the National Human
Trafficking Hotline.
``(6) Monitoring and training of a-3 and g-5 visa employers
accredited to foreign missions and international
organizations.--The Secretary shall--
``(A) inform embassies, international organizations, and
foreign missions of the rights of A-3 and G-5 domestic
workers under the applicable labor laws of the United States,
including the fair labor standards described in the pamphlet
developed pursuant to section 202. Information provided to
foreign missions, embassies, and international organizations
should include material on labor standards and labor rights
of domestic worker employees who hold A-3 and G-5 visas;
``(B) inform embassies, international organizations, and
foreign missions of the potential consequences to individuals
holding a nonimmigrant visa issued pursuant to subparagraph
(A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) who violate the laws described in subclause
(I)(aa), including (at the discretion of the Secretary)--
``(i) the suspension of A-3 visas and G-5 visas;
``(ii) request for waiver of immunity;
``(iii) criminal prosecution;
``(iv) civil damages; and
``(v) permanent revocation of or refusal to renew the visa
of the accredited foreign mission or international
organization employee; and
``(C) require all accredited foreign mission and
international organization employers of individuals holding
A-3 visas or G-5 visas to report the wages paid to such
employees on an annual basis.''.
SEC. 108. EFFECTIVE DATES.
Sections 104(b) and 106 and the amendments made by those
sections take effect on the date that is the first day of the
first full reporting period for the report required by
section 110(b)(1) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7107(b)(1)) after the date of the
enactment of this Act.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF
TRAFFICKING AND VIOLENCE PROTECTION ACT OF
2000.
Section 113 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (a), by striking ``2018 through 2021,
$13,822,000'' and inserting ``2023 through 2026,
$17,000,000''; and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by striking
``2018 through 2021, $65,000,000'' and inserting ``2023
through 2026, $102,500,000, of which $22,000,000 shall be
made available each fiscal year to the United States Agency
for International Development and the remainder of'';
(B) in subparagraph (C), by striking ``; and'' at the end
and inserting a semicolon;
(C) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(E) to fund programs to end modern slavery, in an amount
not to exceed $37,500,000 for each of the fiscal years 2023
through 2026.''.
SEC. 202. EXTENSION OF AUTHORIZATIONS 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
[[Page S6928]]
by striking ``2018 through 2021'' and inserting ``2023
through 2026''.
TITLE III--BRIEFINGS
SEC. 301. BRIEFING ON ANNUAL TRAFFICKING IN PERSON'S REPORT.
Not later than 30 days after the public designation of
country tier rankings and subsequent publishing of the
Trafficking in Persons Report, the Secretary of State shall
brief the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives on--
(1) countries that were downgraded or upgraded in the most
recent Trafficking in Persons Report; and
(2) the efforts made by the United States to improve
counter-trafficking efforts in those countries, including
foreign government efforts to better meet minimum standards
to eliminate human trafficking.
SEC. 302. BRIEFING ON USE AND JUSTIFICATION OF WAIVERS.
Not later than 30 days after the President has determined
to issue a waiver under section 110(d)(5) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7107(d)(5)), the
Secretary of State shall brief the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives on--
(a) each country that received a waiver;
(b) the justification for each such waiver; and
(c) a description of the efforts made by each country to
meet the minimum standards to eliminate human trafficking.
`-Mr. MENENDEZ. Mr. President, I further ask that the committee-
reported substitute amendment be agreed to and the bill, as amended, be
considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment, in the nature of a substitute, was
agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
The bill (S. 4171), as amended, was passed.
Mr. MENENDEZ. Mr. President, I ask that the motion to reconsider be
considered made and laid upon the table with no intervening action or
debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MENENDEZ. I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
____________________