S. 1862 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

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. 
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‘‘(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.’’. 
S. 1862—3 

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 
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‘‘(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 multiyear goals. 
S. 1862—5 

‘‘(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; 
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(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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.