[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2483-S2485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 288. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

       DIVISION F--INTERNATIONAL TRAFFICKING VICTIMS PROTECTION 
                      REAUTHORIZATION ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``International 
     Trafficking Victims Protection Reauthorization Act of 2023''

             TITLE LXI--COMBATING HUMAN TRAFFICKING ABROAD

     SEC. 6101. 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. 6102. 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 2027, 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 2027, 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. 6103. 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. 6104. 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

[[Page S2484]]

     ``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 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. 6105. 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 2023'';
       (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, 2023, and September 30, 
     2027''.
       (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. 6106. 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. 6107. 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

[[Page S2485]]

     (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. 6108. EFFECTIVE DATES.

       Sections 6104(b) and 6106 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 LXII--AUTHORIZATION OF APPROPRIATIONS

     SEC. 6201. 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 ``2024 through 2027, 
     $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 ``2024 
     through 2027, $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 2024 
     through 2027.''.

     SEC. 6202. 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 by striking ``2018 through 2021'' and inserting 
     ``2024 through 2027''.

                         TITLE LXIII--BRIEFINGS

     SEC. 6301. 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. 6302. 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.
                                 ______