    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-427
    115th Congress

    An Act

    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. <>

    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.

    [[Page 5504]]

    ``(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.''.

    [[Page 5505]]

    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 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

    [[Page 5506]]

    ``(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.

    [[Page 5507]]

    ``(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;

    [[Page 5508]]

    (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.

    Approved January 9, 2019.

    LEGISLATIVE HISTORY--S. 1862:
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    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Dec. 17, considered and passed Senate.
    Dec. 21, considered and passed House.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
    Jan. 9, Presidential remarks and statement.