II 

Calendar No. 623 

115TH CONGRESS 

2D SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26, 2017 

Mr. CORKER (for himself, Mr. MENENDEZ, Mr. RUBIO, Mr. CARDIN, and Mr. 

COONS) introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

OCTOBER 5, 2018 

Reported by Mr. CORKER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Trafficking Victims 

3 Protection Reauthorization Act of 2017’’. 

4 SEC. 2. DEFINITIONS. 

5 Section 103 of the Trafficking Victims Protection Act 

6 of 2000 (22 U.S.C. 7102) is amended— 

7 (1) by redesignating paragraphs (5) through 

8 (15) as paragraphs (7) through (17), respectively; 

9 and 

10 (2) by inserting after paragraph (4) the fol11 lowing: 

12 ‘‘(5) CONCRETE ACTIONS.—The term ‘concrete 

13 actions’ means actions that demonstrate increased 

14 efforts by the government of a country to meet the 

15 minimum standards for the elimination of traf16 ficking, including any of the following: 

17 ‘‘(A) Enforcement actions taken. 

18 ‘‘(B) Investigations actively underway. 

19 ‘‘(C) Prosecutions conducted. 

20 ‘‘(D) Convictions attained. 

21 ‘‘(E) Training provided. 

22 ‘‘(F) Programs and partnerships actively 

23 underway. 

24 ‘‘(G) Efforts to prevent severe forms of 

25 trafficking, including programs to reduce the 

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1 lations, involving survivors of trafficking in 

2 community engagement and policy making, en3 gagement with foreign migrants, ending recruit4 ment fees, and other such measures. 

5 ‘‘(H) Victim services offered, including im6 migration services and restitution. 

7 ‘‘(I) The amount of money the government 

8 has committed to the actions described in sub9 paragraphs (A) through (H). 

10 ‘‘(6) CREDIBLE EVIDENCE.—The term ‘credible 

11 evidence’ includes all of the following: 

12 ‘‘(A) Reports by the Department of State. 

13 ‘‘(B) Reports of other Federal agencies, in14 cluding the Department of Labor’s List of 

15 Goods Produced by Child Labor or Forced 

16 Labor and List of Products Produced by 

17 Forced Labor or Indentured Child Labor. 

18 ‘‘(C) Documentation provided by a foreign 

19 country, including— 

20 ‘‘(i) copies of relevant laws, regula21 tions, and policies adopted or modified; 

22 and 

23 ‘‘(ii) an official record of enforcement 

24 actions taken, judicial proceedings, train25 ing conducted, consultations conducted, 


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1 programs and partnerships launched, and 

2 services provided. 

3 ‘‘(D) Materials developed by civil society 

4 organizations. 

5 ‘‘(E) Information from survivors of human 

6 trafficking, vulnerable persons, and whistle7 blowers. 

8 ‘‘(F) All relevant media and academic re9 ports that, in light of reason and common 

10 sense, are worthy of belief. 

11 ‘‘(G) Information developed by multilateral 

12 institutions. 

13 ‘‘(H) An assessment of the impact of the 

14 actions described in subparagraphs (A) through 

15 (I) of paragraph (5) on the prevalence of 

16 human trafficking in the country.’’. 

17 SEC. 3. SENSE OF CONGRESS REGARDING PRIVATE SECTOR 

18 SUPPORT TO STRENGTHEN LAW ENFORCE19 MENT AGENCIES AND THE ROLE OF PRIVATE 

20 BUSINESSES IN PREVENTING AND COM21 BATING CHILD SEX TRAFFICKING. 

22 It is the sense of Congress that— 

23 (1) the President should work with the private 

24 sector to explore, develop, and use technology that 


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1 strengthens Federal law enforcement capabilities to 

2 combat traffickers and criminal networks; and 

3 (2) private businesses, both domestic and inter4 national, should take every reasonable step to pre5 vent and combat child sex trafficking. 

6 SEC. 4. PROHIBITION ON PLACEMENT OR RECRUITMENT 

7 FEES. 

8 Section 106(g) of the Trafficking Victims Protection 

9 Act of 2000 (22 U.S.C. 7104(g)) is amended— 

10 (1) by redesignating clauses (i) through (iv) as 

11 paragraphs (1) through (4), respectively, and moving 

12 such paragraphs 4 ems to the left; and 

13 (2) in paragraph (4), as redesignated— 

14 (A) by redesignating subclauses (I) 

15 through (V) as subparagraphs (A) through (E), 

16 respectively, and moving such subparagraphs 4 

17 ems to the left; 

18 (B) in subparagraph (B), as redesignated, 

19 by redesignating items (aa) and (bb) as clauses 

20 (i) and (ii), respectively, and moving such 

21 clauses 4 ems to the left; and 

22 (C) in subparagraph (D), as redesignated, 

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1 riod at the end and inserting ‘‘placement or re2 cruitment fees.’’. 

3 SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF 

4 TRAFFICKING. 

5 Section 108(b) of the Trafficking Victims Protection 

6 Act of 2000 (22 U.S.C. 7106(b)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by inserting ‘‘and without bias’’ after 

9 ‘‘vigorously’’; 

10 (B) by striking ‘‘if the government’’ and 

11 inserting the following: ‘‘if— 

12 ‘‘(A) the government’’; 

13 (C) by striking ‘‘such acts and the Sec14 retary’’ and inserting the following: ‘‘such acts; 

15 ‘‘(B) the Secretary’’; and 

16 (D) by striking ‘‘such data.’’ and inserting 

17 the following: ‘‘such data; and 

18 ‘‘(C) the Secretary has included a descrip19 tion of such data and a description of such good 

20 faith efforts to collect such data in the annual 

21 Trafficking in Persons Report.’’; and 

22 (2) in paragraph (7)— 

23 (A) by inserting ‘‘and without bias’’ after 

24 ‘‘vigorously’’; 


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1 (B) by inserting ‘‘or enable’’ after ‘‘con2 done’’; 

3 (C) by striking ‘‘if the government’’ and 

4 inserting the following: ‘‘if— 

5 ‘‘(A) the government’’; 

6 (D) by striking ‘‘such acts and the Sec7 retary’’ and inserting the following: ‘‘such acts; 

8 ‘‘(B) the Secretary’’; and 

9 (E) by striking ‘‘such data.’’ and inserting 

10 the following: ‘‘such data; and 

11 ‘‘(C) the Secretary has included a descrip12 tion of such data in the annual Trafficking in 

13 Persons Report.’’. 

14 SEC. 6. ACTIONS AGAINST GOVERNMENTS FAILING TO 

15 MEET MINIMUM STANDARDS. 

16 Section 110(b) of the Trafficking Victims Protection 

17 Act of 2000 (22 U.S.C. 7107) is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘The report should’’ and 

20 inserting ‘‘The report shall, to the extent con21 current reporting data is available, cover efforts 

22 and activities taking place during the period be23 tween April 1 of the year preceding the report 

24 and March 31 of the year in which the report 

25 is made, and should’’; 


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1 (B) in subparagraph (A), by inserting 

2 ‘‘based only on concrete actions taken by the 

3 country that are recorded during the reporting 

4 period’’ after ‘‘such standards’’; 

5 (C) in subparagraph (B) by inserting 

6 ‘‘based only on concrete actions taken by the 

7 country (excluding any commitments by the 

8 country to take additional future steps during 

9 the next year) that are recorded during the re10 porting period’’ after ‘‘compliance’’; 

11 (D) by amending subparagraph (C) to read 

12 as follows: 

13 ‘‘(C) a list of those countries, if any, to 

14 which the minimum standards for the elimi15 nation of trafficking are applicable, and whose 

16 governments— 

17 ‘‘(i) do not fully comply with such 

18 standards and are not making significant 

19 efforts to bring themselves into compliance; 

20 ‘‘(ii) tolerate trafficking in govern21 ment-funded programs; or 

22 ‘‘(iii) have a government-supported 

23 practice of— 

24 ‘‘(I) trafficking; 


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1 ‘‘(II) facilitating the use of 

2 forced labor (such as in agriculture, 

3 forestry, mining, or construction); 

4 ‘‘(III) permitting sexual slavery 

5 in government camps, compounds, or 

6 outposts; or 

7 ‘‘(IV) employing child soldiers;’’; 

8 (E) in subparagraph (F), by striking 

9 ‘‘and’’ at the end; 

10 (F) in subparagraph (G), by striking the 

11 period at the end and inserting ‘‘; and’’; and 

12 (G) by adding at the end the following: 

13 ‘‘(H) for each country included in a dif14 ferent list than the country had been placed in 

15 the previous annual report, a detailed expla16 nation of how the concrete actions (or lack of 

17 such actions) undertaken (or not undertaken) 

18 by the country during the previous reporting 

19 period contributed to such change, including a 

20 clear linkage between such actions and the min21 imum standards enumerated in section 108.’’; 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (A)(iii)— 

24 (i) in subclause (I), by adding ‘‘or’’ at 

25 the end; 


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1 (ii) in subclause (II), by striking ‘‘; 

2 or’’ and inserting a period; and 

3 (iii) by striking subclause (III); 

4 (B) in subparagraph (B), by striking ‘‘the 

5 last annual report’’ and inserting ‘‘April 1 of 

6 the previous year’’; 

7 (C) in subparagraph (D)— 

8 (i) in clause (i), by striking ‘‘2008,’’ 

9 and all that follows and inserting— 

10 ‘‘2008— 

11 ‘‘(I) shall be included on the list 

12 of countries described in paragraph 

13 (1)(C); and 

14 ‘‘(II) shall be required to meet 

15 the requirements specified in para16 graph (1)(B) before the country may 

17 be removed from the list of countries 

18 described in paragraph (1)(C).’’; and 

19 (ii) in clause (ii), by striking ‘‘2 

20 years’’ and inserting ‘‘1 year’’; and 

21 (D) in subparagraph (E)— 

22 (i) in the subparagraph heading, by 

23 striking ‘‘PUBLIC’’ and inserting ‘‘CON24 GRESSIONAL’’; and 


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1 (ii) by striking ‘‘shall provide’’ and all 

2 that follows and inserting the following: 

3 ‘‘shall— 

4 ‘‘(i) provide a detailed description of 

5 the credible evidence supporting such de6 termination on a publicly available website 

7 maintained by the Department of State; 

8 and 

9 ‘‘(ii) offer to brief the Committee on 

10 Foreign Relations of the Senate and the 

11 Committee on Foreign Affairs of the 

12 House of Representatives on any written 

13 plan submitted by the country under sub14 paragraph (D)(ii)(I), with an opportunity 

15 to review the written plan.’’; 

16 (3) in paragraph (3)— 

17 (A) in subparagraph (B), by striking 

18 ‘‘and’’ at the end; 

19 (B) in subparagraph (C), by striking the 

20 semicolon at the end and inserting a period; 

21 and 

22 (C) by adding at the end the following: 

23 ‘‘(D) the extent to which the government 

24 of the country is devoting sufficient budgetary 

25 resources— 


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1 ‘‘(i) to investigate and prosecute acts 

2 of severe trafficking in persons; 

3 ‘‘(ii) to convict and sentence persons 

4 responsible for such acts; and 

5 ‘‘(iii) to obtain restitution for victims 

6 of human trafficking; 

7 ‘‘(E) the extent to which the government 

8 of the country is devoting sufficient budgetary 

9 resources— 

10 ‘‘(i) to protect and rehabilitate victims 

11 of trafficking in persons; and 

12 ‘‘(ii) to prevent severe forms of traf13 ficking in persons; and 

14 ‘‘(F) the extent to which the government of 

15 the country has consulted with domestic and 

16 international civil society organizations to im17 prove the provision of services to victims of 

18 trafficking in persons.’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(4) ACTION PLANS FOR COUNTRIES UPGRADED

21 TO TIER 2 WATCHLIST.— 

22 ‘‘(A) IN GENERAL.—Not later than 180 

23 days after the release of the annual Trafficking 

24 in Persons Report, the Ambassador-at-Large of 

25 the Office to Monitor and Combat Trafficking 


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1 and the Assistant Secretary of the appropriate 

2 regional bureau, in consultation with appro3 priate officials from the government of each 

4 country described in paragraph (2)(A)(ii), 

5 shall— 

6 ‘‘(i) prepare an action plan for each 

7 country upgraded from Tier 3 to Tier 2 

8 Watchlist to further improve such coun9 try’s tier ranking under this subsection; 

10 and 

11 ‘‘(ii) present the relevant action plan 

12 to the government of each such country. 

13 ‘‘(B) COORDINATION.—The United States 

14 Ambassador or Charge d’Affaires of the country 

15 for which an action plan is being prepared, in 

16 consultation with the Ambassador-at-Large of 

17 the Office to Monitor and Combat Trafficking 

18 in Persons, shall be responsible for coordinating 

19 all necessary diplomatic engagement to prepare 

20 such plan. 

21 ‘‘(C) CONTENTS.—Each action plan pre22 pared under this paragraph— 

23 ‘‘(i) shall include specific concrete ac24 tions to be taken by the country to sub25 stantively address deficiencies preventing 


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1 the country from meeting Tier 2 stand2 ards, based on credible evidence; and 

3 ‘‘(ii) should be focused on short-term 

4 and multiyear goals. 

5 ‘‘(D) BRIEFINGS.—The Ambassador-at6 Large of the Office to Monitor and Combat 

7 Trafficking and all appropriate regional Assist8 ant Secretaries shall make themselves available 

9 to brief the Committee on Foreign Relations of 

10 the Senate, the Committee on Appropriations of 

11 the Senate, the Committee on Foreign Affairs 

12 of the House of Representatives, and the Com13 mittee on Appropriations of the House of Rep14 resentatives on the implementation of each ac15 tion plan prepared under this paragraph. 

16 ‘‘(E) SAVINGS PROVISION.—Nothing in 

17 this paragraph may be construed as modi18 fying— 

19 ‘‘(i) minimum standards for the elimi20 nation of trafficking under section 108; or 

21 ‘‘(ii) the actions against governments 

22 failing to meet minimum standards under 

23 this section or the criteria for placement 

24 on the Special Watch List under para25 graph (2).’’. 


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1 SEC. 7. COMMUNICATION WITH GOVERNMENTS OF COUN2 TRIES DESIGNATED AS TIER 2 WATCH LIST 

3 COUNTRIES ON THE TRAFFICKING IN PER4 SONS REPORT. 

5 (a) IN GENERAL.—Not less than annually, the Sec6 retary of State shall provide, to the foreign minister of 

7 each country that has been downgraded to a ‘‘Tier 2 

8 Watch List’’ country pursuant to the Trafficking in Per9 sons report submitted under section 110(b) of the Traf10 ficking Victims Protection Act of 2000 (22 U.S.C. 

11 7107(b))— 

12 (1) a copy of the annual Trafficking in Persons 

13 report; and 

14 (2) information pertinent to that country’s 

15 downgrade, including— 

16 (A) confirmation of the country’s designa17 tion to the Tier 2 Watch List; 

18 (B) the implications associated with such 

19 designation and the consequences for the coun20 try of a downgrade to Tier 3; 

21 (C) the factors that contributed to the 

22 downgrade; and 

23 (D) the steps that the country must take 

24 to be considered for an upgrade in status of 

25 designation. 


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1 (b) SENSE OF CONGRESS REGARDING COMMUNICA2 TIONS.—It is the sense of Congress that, given the gravity 

3 of a Tier 2 Watch List designation, the Secretary of State 

4 should communicate the information described in sub5 section (a) to the foreign minister of any country down6 graded to the Tier 2 Watch List. 

7 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 113 of the Trafficking Victims Prevention 

9 Act of 2000 (22 U.S.C. 7110) is amended— 

10 (1) by striking subsection (a) and inserting the 

11 following: 

12 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS IN SUP13 PORT OF THE TASK FORCE.—There are authorized to be 

14 appropriated to the Department of State, for each of the 

15 fiscal years 2018 through 2023, $12,500,000 for Diplo16 matic and Consular Programs of the Office to Monitor and 

17 Combat Trafficking in Persons, which shall be used to 

18 carry out sections 105(e), 105(f), and 110, including for 

19 additional personnel.’’; 

20 (2) by striking subsection (c) and inserting the 

21 following: 

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR THE

23 DEPARTMENT OF STATE.— 

24 ‘‘(1) ASSISTANCE TO COMBAT TRAFFICKING.— 

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1 partment of State, for each of the fiscal years 2018 

2 through 2023, $64,800,000, which shall be used— 

3 ‘‘(A) to carry out sections 106 and 107(a); 

4 ‘‘(B) to carry out section 134 of the For5 eign Assistance Act of 1961 (22 U.S.C. 2152d); 

6 ‘‘(C) to assist countries in meeting the 

7 minimum standards described in section 108; 

8 and 

9 ‘‘(D) for programs and activities on pre10 vention, protection, and prosecution to combat 

11 all forms of trafficking in persons internation12 ally, including training activities for law en13 forcement officers, prosecutors, and members of 

14 the judiciary with respect to trafficking in per15 sons at the International Law Enforcement 

16 Academies. 

17 ‘‘(2) END MODERN SLAVERY INITIATIVE.— 

18 ‘‘(A) IN GENERAL.—There are authorized 

19 to be appropriated to the Department of State, 

20 for each of the fiscal years 2021 through 2023, 

21 $37,500,000, which shall be used to reduce the 

22 prevalence of modern slavery globally. 

23 ‘‘(B) USE OF FUNDS.—The Secretary of 

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1 suant to subparagraph (A), on an incremental 

2 basis— 

3 ‘‘(i) to carry out the grant program 

4 authorized under section 1298(b) of the 

5 National Defense Authorization Act for 

6 Fiscal Year 2017 (22 U.S.C. 7114 note); 

7 and 

8 ‘‘(ii) to ensure the effective and effi9 cient implementation of program activi10 ties.’’; 

11 (3) by striking subsection (e); and 

12 (4) by redesignating subsections (f), (g), (h), 

13 and (i) as subsections (e), (f), (g), and (h), respec14 tively. 

15 SEC. 9. REQUIREMENTS FOR STRATEGIES TO PREVENT 

16 TRAFFICKING. 

17 (a) REPORT ON NEW PRACTICES TO COMBAT TRAF18 FICKING.— 

19 (1) IN GENERAL.—Not later than 120 days 

20 after the date of the enactment of this Act, and an21 nually thereafter for 7 years, the Secretary of State, 

22 in consultation with the Administrator of the United 

23 States Agency for International Development, shall 

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1 tions of the Senate and the Committee on Foreign 

2 Affairs of the House of Representatives that— 

3 (A) describes any practices adopted by the 

4 Department or the Agency— 

5 (i) to better combat trafficking in per6 sons, in accordance with the results of the 

7 study conducted under section 101(b) of 

8 the Trafficking Victims Protection Reau9 thorization Act of 2005 (Public Law 109– 

10 164); and 

11 (ii) to reduce the risk of trafficking in 

12 post-conflict or post-disaster areas; or 

13 (B) includes a strategy to reduce the risk 

14 of trafficking in the areas referred to in sub15 paragraph (A)(ii), if none of the practices re16 ferred to in subparagraph (A) have been adopt17 ed. 

18 (2) PUBLIC AVAILABILITY.—Each report sub19 mitted under paragraph (1) shall be posted on a 

20 publicly available website of the Department of 

21 State. 

22 (b) CHILD PROTECTION STRATEGIES IN WATCH

23 LIST COUNTRIES.—The Administrator of the United 

24 States Agency for International Development shall incor25 porate into the relevant country development cooperation 


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1 strategy for each country on the special watch list de2 scribed in paragraph (2)(A) of section 110(b) of the Traf3 ficking Victims Protection Act of 2000 (22 U.S.C. 

4 7107(b)) or on the list described in paragraph (1)(C) of 

5 such section, strategies for the protection of children and 

6 the reduction of the risk of trafficking. 

7 SEC. 10. CHILD SOLDIER PREVENTION. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Child Soldier Prevention Act of 2017’’. 

10 (b) FINDINGS.—Congress finds the following: 

11 (1) The recruitment or use of children in armed 

12 conflict is unacceptable for any government or gov13 ernment-supported entity receiving United States as14 sistance. 

15 (2) The recruitment or use of children in armed 

16 conflict, including direct combat, support roles, and 

17 sexual slavery, occurred during 2015 and 2016 in 

18 Afghanistan, South Sudan, Sudan, Burma, the 

19 Democratic Republic of the Congo, Iraq, Nigeria, 

20 Rwanda, Somalia, Syria, and Yemen. 

21 (3) Entities of the Government of Afghanistan, 

22 particularly the Afghan Local Police and the Afghan 

23 National Police, continue to recruit children to serve 

24 as combatants or as servants, including as sex 

25 slaves. 


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1 (4) Police forces of the Government of Afghani2 stan participate in counterterrorism operations, di3 rect and indirect combat, and security operations, 

4 fight alongside regular armies, and are targeted for 

5 violence by the Taliban and by other opposition 

6 groups. 

7 (5) In February 2016, a 10-year-old boy was 

8 assassinated by the Taliban after he had been pub9 lically honored by Afghan local police forces for his 

10 assistance in combat operations against the Taliban. 

11 (6) The recruitment and use of children in 

12 armed conflict by government forces continued dur13 ing 2016 in South Sudan with the return to hos14 tilities. 

15 (7) At least 650 children have been recruited 

16 and used in armed conflict in South Sudan during 

17 2016, and at least 16,000 children have been re18 cruited since that country’s civil war began in 2013. 

19 (c) AMENDMENTS TO THE CHILD SOLDIERS PRE20 VENTION ACT OF 2008.— 

21 (1) DEFINITIONS.—Section 402 of the Child 

22 Soldiers Prevention Act of 2008 (22 U.S.C. 2370c) 

23 is amended— 

24 (A) in paragraph (2)— 


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1 (i) in subparagraph (A), by inserting 

2 ‘‘, police, or other security forces’’ after 

3 ‘‘governmental armed forces’’ each place 

4 such phrase appears; and 

5 (ii) in subparagraph (B), by striking 

6 ‘‘clauses’’ and inserting ‘‘clause’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(3) NONLETHAL SUPPLIES.—The term ‘non9 lethal supplies’ means property, other than real 

10 property, of the Department of Defense that is not 

11 a weapon, ammunition, or other equipment or mate12 rial that is designed to inflict serious bodily harm or 

13 death.’’. 

14 (2) PROHIBITION.—Section 404 of such Act 

15 (22 U.S.C. 2370c–1) is amended— 

16 (A) in subsection (a)— 

17 (i) by inserting ‘‘, police, other secu18 rity forces,’’ after ‘‘governmental armed 

19 forces’’; and 

20 (ii) by striking ‘‘recruit and use child 

21 soldiers’’ and inserting ‘‘recruit or use 

22 child soldiers’’; 

23 (B) in subsection (b), by amending para24 graph (2) to read as follows: 

25 ‘‘(2) NOTIFICATION.— 


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1 ‘‘(A) IN GENERAL.—Not later than 45 

2 days after the submission of each report re3 quired under section 110(b) of the Trafficking 

4 Victims Protection Act of 2000 (22 U.S.C. 

5 7107(b)), the Secretary of State shall formally 

6 notify each government included in the list re7 quired under paragraph (1) of its inclusion on 

8 such list. 

9 ‘‘(B) CONGRESSIONAL NOTIFICATION.—As 

10 soon as practicable after making all of the noti11 fications required under subparagraph (A) with 

12 respect to a report, the Secretary of State shall 

13 notify the appropriate congressional committees 

14 that the requirements under subparagraph (A) 

15 have been completed.’’; and 

16 (C) in subsection (e)(1), in the matter pre17 ceding subparagraph (A), by striking ‘‘to a 

18 country’’ and all that follows through ‘‘sub19 section (a)’’ and inserting ‘‘under section 541 

20 of the Foreign Assistance Act of 1961 (22 

21 U.S.C. 2347) through the Defense Institute for 

22 International Legal Studies or the Center for 

23 Civil-Military Relations at the Naval Post-Grad24 uate School, and may provide nonlethal supplies 


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1 to a country subject to the prohibition under 

2 subsection (a)’’. 

3 (3) REPORTS.—Section 405 of such Act (22 

4 U.S.C. 2370c–2) is amended— 

5 (A) in subsection (c)— 

6 (i) in the matter preceding paragraph 

7 (1)— 

8 (I) by striking ‘‘, during any of 

9 the 5 years following the date of the 

10 enactment of this Act,’’; and 

11 (II) by striking ‘‘wavier’’ and in12 serting ‘‘waiver’’; 

13 (ii) by redesignating paragraphs (2), 

14 (3), and (4) as paragraphs (3), (4), and 

15 (5), respectively; 

16 (iii) by inserting after paragraph (1) 

17 the following: 

18 ‘‘(2) a description and the amount of any as19 sistance withheld under this title pursuant to the ap20 plication of the prohibition under section 404(a) to 

21 those countries;’’; and 

22 (iv) in paragraph (5), as redesignated, 

23 by inserting ‘‘and the amount’’ after ‘‘a de24 scription’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(d) INFORMATION TO BE INCLUDED IN ANNUAL

2 TRAFFICKING IN PERSONS REPORT.—If a country is noti3 fied pursuant to section 404(b)(2), or if a waiver is grant4 ed pursuant to section 404(c)(1), the Secretary of State 

5 shall include, in each report required under section 110(b) 

6 of the Trafficking Victims Protection Act of 2000 (22 

7 U.S.C. 7107(b)), the information required to be included 

8 in the annual report under subsection (c).’’. 

9 SEC. 11. UNITED STATES SUPPORT FOR INTEGRATION OF 

10 ANTI-TRAFFICKING INTERVENTIONS IN MUL11 TILATERAL DEVELOPMENT BANKS. 

12 (a) REQUIREMENTS.—The Secretary of the Treasury, 

13 in consultation with the Department of State’s Ambas14 sador at Large for Monitoring and Combating Trafficking 

15 in Persons, shall instruct the United States Executive Di16 rector of each multilateral development bank to initiate 

17 discussions with the other executive directors and manage18 ment of the respective multilateral development bank to— 

19 (1) further develop anti-human trafficking pro20 visions in relevant project development, safeguards, 

21 procurement, and evaluation policies; 

22 (2) employing a risk-based approach, require 

23 human trafficking risk assessments and integration 

24 plans as a routine part of developing projects 


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1 through existing, forthcoming or new mechanisms 

2 and processes; 

3 (3) support analyses of the impact of severe 

4 forms of trafficking in persons on key indicators of 

5 economic and social development and of the benefits 

6 of reducing human trafficking on economic and so7 cial development; 

8 (4) support the proactive integration of effective 

9 anti-trafficking interventions into projects with the 

10 objectives of enhancing development outcomes and 

11 reducing the incidence of severe forms of trafficking 

12 in project areas; 

13 (5) increase the capacity of multilateral devel14 opment banks and of recipient governments to con15 duct human trafficking risk assessments and inte16 grate anti-trafficking interventions into projects; 

17 (6) support the development of meaningful risk 

18 mitigation and reduction policies, regulations, and 

19 strategies within the multilateral development banks 

20 to reduce the incidence and prevalence of severe 

21 forms of trafficking in persons and enhance develop22 ment outcomes that may be improved by reducing 

23 the incidence and prevalence of human trafficking; 

24 and 


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1 (7) support the inclusion of human trafficking 

2 risk analysis in the development of relevant country 

3 strategies by each multilateral development bank. 

4 (b) BRIEFINGS.—The Secretary of the Treasury shall 

5 make relevant officials available to brief the Committee 

6 on Foreign Relations and the Committee on Appropria7 tions of the Senate and the Committee on Foreign Affairs 

8 and the Committee on Appropriations of the House of 

9 Representatives on the implementation of this section. 

10 SECTION 1. SHORT TITLE. 

11 This Act may be cited as the ‘‘Trafficking Victims Pro12 tection Reauthorization Act of 2017’’. 

13 SEC. 2. DEFINITIONS. 

14 Section 103 of the Trafficking Victims Protection Act 

15 of 2000 (22 U.S.C. 7102) is amended— 

16 (1) by redesignating paragraphs (5) through (15) 

17 as paragraphs (7) through (17), respectively; and 

18 (2) by inserting after paragraph (4) the fol19 lowing: 

20 ‘‘(5) CONCRETE ACTIONS.—The term ‘concrete 

21 actions’ means actions that demonstrate increased ef22 forts by the government of a country to meet the min23 imum standards for the elimination of trafficking, in24 cluding any of the following: 

25 ‘‘(A) Enforcement actions taken. 


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1 ‘‘(B) Investigations actively underway. 

2 ‘‘(C) Prosecutions conducted. 

3 ‘‘(D) Convictions attained. 

4 ‘‘(E) Training provided. 

5 ‘‘(F) Programs and partnerships actively 

6 underway. 

7 ‘‘(G) Efforts to prevent severe forms of traf8 ficking, including programs to reduce the vulner9 ability of particularly vulnerable populations, 

10 involving survivors of trafficking in community 

11 engagement and policy making, engagement with 

12 foreign migrants, ending unreasonable recruit13 ment fees, and other such measures. 

14 ‘‘(H) Victim services offered, including im15 migration services and restitution. 

16 ‘‘(I) The amount of money the government 

17 has committed to the actions described in sub18 paragraphs (A) through (H). 

19 ‘‘(6) CREDIBLE EVIDENCE.—The term ‘credible 

20 evidence’ includes all of the following: 

21 ‘‘(A) Reports by the Department of State. 

22 ‘‘(B) Reports of other Federal agencies, in23 cluding the Department of Labor’s List of Goods 

24 Produced by Child Labor or Forced Labor and 


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1 List of Products Produced by Forced Labor or 

2 Indentured Child Labor. 

3 ‘‘(C) Documentation provided by a foreign 

4 country, including— 

5 ‘‘(i) copies of relevant laws, regula6 tions, and policies adopted or modified; and 

7 ‘‘(ii) an official record of enforcement 

8 actions taken, judicial proceedings, training 

9 conducted, consultations conducted, pro10 grams and partnerships launched, and serv11 ices provided. 

12 ‘‘(D) Materials developed by civil society or13 ganizations. 

14 ‘‘(E) Information from survivors of human 

15 trafficking, vulnerable persons, and whistle16 blowers. 

17 ‘‘(F) All relevant media and academic re18 ports that, in light of reason and common sense, 

19 are worthy of belief. 

20 ‘‘(G) Information developed by multilateral 

21 institutions. 

22 ‘‘(H) An assessment of the impact of the ac23 tions described in subparagraphs (A) through (I) 

24 of paragraph (5) on the prevalence of human 

25 trafficking in the country.’’. 


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1 SEC. 3. SENSE OF CONGRESS. 

2 (a) PRIVATE SECTOR SUPPORT TO STRENGTHEN LAW

3 ENFORCEMENT AGENCIES AND THE ROLE OF PRIVATE

4 BUSINESSES IN PREVENTING AND COMBATING CHILD SEX

5 TRAFFICKING.—It is the sense of Congress that— 

6 (1) the President should work with the private 

7 sector to explore, develop, and use technology that 

8 strengthens Federal law enforcement capabilities to 

9 combat traffickers and criminal networks; and 

10 (2) private businesses, both domestic and inter11 national, should take every reasonable step to prevent 

12 and combat child sex trafficking. 

13 (b) EFFORTS TO END MODERN SLAVERY.—It is the 

14 sense of Congress that any future authorization of appro15 priations to carry out the grant program authorized under 

16 section 1298 of the Defense Authorization Act for Fiscal 

17 Year 2017 (22 U.S.C. 7114) should simultaneously extend 

18 the accountability provisions under subsections (c), (d), and 

19 (e) of such section. 

20 SEC. 4. MINIMUM STANDARDS FOR THE ELIMINATION OF 

21 TRAFFICKING. 

22 Section 108(b)(7) of the Trafficking Victims Protection 

23 Act of 2000 (22 U.S.C. 7106(b)(7)) is amended by inserting 

24 ‘‘or enable’’ after ‘‘condone’’. 


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1 SEC. 5. ACTIONS AGAINST GOVERNMENTS FAILING TO 

2 MEET MINIMUM STANDARDS. 

3 Section 110(b) of the Trafficking Victims Protection 

4 Act of 2000 (22 U.S.C. 7107) is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘The report should’’ and in7 serting ‘‘The report shall, to the extent concur8 rent reporting data is available, cover efforts and 

9 activities taking place during the period between 

10 April 1 of the year preceding the report and 

11 March 31 of the year in which the report is 

12 made, and should’’; 

13 (B) in subparagraph (A), by inserting 

14 ‘‘based only on concrete actions taken by the 

15 country that are recorded during the reporting 

16 period’’ after ‘‘such standards’’; 

17 (C) in subparagraph (B) by inserting 

18 ‘‘based only on concrete actions taken by the 

19 country (excluding any commitments by the 

20 country to take additional future steps during 

21 the next year) that are recorded during the re22 porting period’’ after ‘‘compliance’’; 

23 (D) in subparagraph (F), by striking ‘‘and’’ 

24 at the end; 

25 (E) in subparagraph (G), by striking the 

26 period at the end and inserting ‘‘; and’’; and 


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1 (F) by adding at the end the following: 

2 ‘‘(H) for each country included in a dif3 ferent list than the country had been placed in 

4 the previous annual report, a detailed expla5 nation of how the concrete actions (or lack of 

6 such actions) undertaken (or not undertaken) by 

7 the country during the previous reporting period 

8 contributed to such change, including a clear 

9 linkage between such actions and the minimum 

10 standards enumerated in section 108.’’; 

11 (2) in paragraph (2)— 

12 (A) in subparagraph (A)(iii)— 

13 (i) in subclause (I), by adding ‘‘or’’ at 

14 the end; 

15 (ii) in subclause (II), by striking ‘‘; 

16 or’’ and inserting a period; and 

17 (iii) by striking subclause (III); 

18 (B) in subparagraph (B), by striking ‘‘the 

19 last annual report’’ and inserting ‘‘April 1 of the 

20 previous year’’; 

21 (C) in subparagraph (D)(ii), by striking ‘‘2 

22 years’’ and inserting ‘‘1 year’’; and 

23 (D) in subparagraph (E)— 


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1 (i) in the subparagraph heading, by 

2 striking ‘‘PUBLIC’’ and inserting ‘‘CON3 GRESSIONAL’’; and 

4 (ii) by striking ‘‘shall provide’’ and all 

5 that follows and inserting the following: 

6 ‘‘shall— 

7 ‘‘(i) provide a detailed description of 

8 the credible evidence supporting such deter9 mination on a publicly available website 

10 maintained by the Department of State; 

11 and 

12 ‘‘(ii) offer to brief the Committee on 

13 Foreign Relations of the Senate and the 

14 Committee on Foreign Affairs of the House 

15 of Representatives on any written plan sub16 mitted by the country under subparagraph 

17 (D)(ii)(I), with an opportunity to review 

18 the written plan.’’; 

19 (3) in paragraph (3)— 

20 (A) in subparagraph (B), by striking ‘‘and’’ 

21 at the end; 

22 (B) in subparagraph (C), by striking the 

23 semicolon at the end and inserting a period; and 

24 (C) by adding at the end the following: 


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1 ‘‘(D) the extent to which the government of 

2 the country is devoting sufficient budgetary re3 sources— 

4 ‘‘(i) to investigate and prosecute acts of 

5 severe trafficking in persons; 

6 ‘‘(ii) to convict and sentence persons 

7 responsible for such acts; and 

8 ‘‘(iii) to obtain restitution for victims 

9 of human trafficking; 

10 ‘‘(E) the extent to which the government of 

11 the country is devoting sufficient budgetary re12 sources— 

13 ‘‘(i) to protect and support victims of 

14 trafficking in persons; and 

15 ‘‘(ii) to prevent severe forms of traf16 ficking in persons; and 

17 ‘‘(F) the extent to which the government of 

18 the country has consulted with domestic and 

19 international civil society organizations that re20 sulted in concrete actions to improve the provi21 sion of services to victims of trafficking in per22 sons.’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(4) ACTION PLANS FOR COUNTRIES UPGRADED

25 TO TIER 2 WATCHLIST.— 


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1 ‘‘(A) IN GENERAL.—Not later than 180 

2 days after the release of the annual Trafficking 

3 in Persons Report, the Secretary of State, acting 

4 through the Ambassador-at-Large of the Office to 

5 Monitor and Combat Trafficking and the Assist6 ant Secretary of the appropriate regional bu7 reau, in consultation with appropriate officials 

8 from the government of each country described in 

9 paragraph (2)(A)(ii), and with the assistance of 

10 the United States Ambassador or Charge d’Af11 faires in each country, shall— 

12 ‘‘(i) prepare an action plan for each 

13 country upgraded from Tier 3 to Tier 2 

14 Watchlist to further improve such country’s 

15 tier ranking under this subsection; and 

16 ‘‘(ii) present the relevant action plan 

17 to the government of each such country. 

18 ‘‘(B) CONTENTS.—Each action plan pre19 pared under this paragraph— 

20 ‘‘(i) shall include specific concrete ac21 tions to be taken by the country to sub22 stantively address deficiencies preventing 

23 the country from meeting Tier 2 standards, 

24 based on credible evidence; and 


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1 ‘‘(ii) should be focused on short-term 

2 and multi-year goals. 

3 ‘‘(C) BRIEFINGS.—The Ambassador-at4 Large of the Office to Monitor and Combat Traf5 ficking and all appropriate regional Assistant 

6 Secretaries shall make themselves available to 

7 brief the Committee on Foreign Relations of the 

8 Senate, the Committee on Appropriations of the 

9 Senate, the Committee on Foreign Affairs of the 

10 House of Representatives, and the Committee on 

11 Appropriations of the House of Representatives 

12 on the implementation of each action plan pre13 pared under this paragraph. 

14 ‘‘(D) SAVINGS PROVISION.—Nothing in this 

15 paragraph may be construed as modifying— 

16 ‘‘(i) minimum standards for the elimi17 nation of trafficking under section 108; or 

18 ‘‘(ii) the actions against governments 

19 failing to meet minimum standards under 

20 this section or the criteria for placement on 

21 the Special Watch List under paragraph 

22 (2).’’. 


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1 SEC. 6. COMMUNICATION WITH GOVERNMENTS OF COUN2 TRIES DESIGNATED AS TIER 2 WATCH LIST 

3 COUNTRIES ON THE TRAFFICKING IN PER4 SONS REPORT. 

5 (a) IN GENERAL.—Not less than annually, the Sec6 retary of State shall provide, to the foreign minister of each 

7 country that has been downgraded to a ‘‘Tier 2 Watch List’’ 

8 country pursuant to the Trafficking in Persons report sub9 mitted under section 110(b) of the Trafficking Victims Pro10 tection Act of 2000 (22 U.S.C. 7107(b))— 

11 (1) a copy of the annual Trafficking in Persons 

12 report; and 

13 (2) information pertinent to that country’s 

14 downgrade, including— 

15 (A) confirmation of the country’s designa16 tion to the Tier 2 Watch List; 

17 (B) the implications associated with such 

18 designation and the consequences for the country 

19 of a downgrade to Tier 3; 

20 (C) the factors that contributed to the down21 grade; and 

22 (D) the steps that the country must take to 

23 be considered for an upgrade in status of des24 ignation. 

25 (b) SENSE OF CONGRESS REGARDING COMMUNICA26 TIONS.—It is the sense of Congress that, given the gravity 


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1 of a Tier 2 Watch List designation, the Secretary of State 

2 should communicate the information described in subsection 

3 (a) to the foreign minister of any country downgraded to 

4 the Tier 2 Watch List. 

5 SEC. 7. UNITED STATES SUPPORT FOR INTEGRATION OF 

6 ANTI-TRAFFICKING INTERVENTIONS IN MUL7 TILATERAL DEVELOPMENT BANKS. 

8 (a) REQUIREMENTS.—The Secretary of the Treasury, 

9 in consultation with the Secretary of State, acting through 

10 the Ambassador at Large for Monitoring and Combating 

11 Trafficking in Persons, shall instruct the United States Ex12 ecutive Director of each multilateral development bank to 

13 initiate discussions with the other executive directors and 

14 management of the respective multilateral development 

15 bank to— 

16 (1) further develop anti-human trafficking provi17 sions in relevant project development, safeguards, pro18 curement, and evaluation policies; 

19 (2) employing a risk-based approach, require 

20 human trafficking risk assessments and integration 

21 plans as a routine part of developing projects through 

22 existing, forthcoming or new mechanisms and proc23 esses; 

24 (3) support analyses of the impact of severe 

25 forms of trafficking in persons on key indicators of 


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1 economic and social development and of the benefits 

2 of reducing human trafficking on economic and social 

3 development; 

4 (4) support the proactive integration of effective 

5 anti-trafficking interventions into projects with the 

6 objectives of enhancing development outcomes and re7 ducing the incidence of severe forms of trafficking in 

8 project areas; 

9 (5) increase the capacity of multilateral develop10 ment banks and of recipient governments to conduct 

11 human trafficking risk assessments and integrate 

12 anti-trafficking interventions into projects; 

13 (6) support the development of meaningful risk 

14 mitigation and reduction policies, regulations, and 

15 strategies within the multilateral development banks 

16 to reduce the incidence and prevalence of severe forms 

17 of trafficking in persons and enhance development 

18 outcomes that may be improved by reducing the inci19 dence and prevalence of human trafficking; and 

20 (7) support the inclusion of human trafficking 

21 risk analysis in the development of relevant country 

22 strategies by each multilateral development bank. 

23 (b) BRIEFINGS.—The Secretary of the Treasury shall 

24 make relevant officials available to brief the Committee on 

25 Foreign Relations of the Senate, the Committee on ApproVerDate Sep 11 2014 03:14 Oct 06, 2018 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\S1862.RS S1862

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1 priations of the Senate, the Committee on Financial Serv2 ices of the House of Representatives, and the Committee on 

3 Appropriations of the House of Representatives on the im4 plementation of this section. 


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Calendar No. 623 

115TH CONGRESS 

2D SESSION S. 1862 

A BILL 

To amend the Trafficking Victims Protection Act of 

ficking, and for other purposes. standards for the elimination of human trafwhether countries are meeting the minimum 2000 to modify the criteria for determining 

OCTOBER 5, 2018 

Reported with an amendment 


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