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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1862 Enrolled Bill (ENR)]

        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.
            ``(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.''.
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
                ``(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.
            ``(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;
        (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.
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