```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1862 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Trafficking Victims 
Protection Reauthorization Act of 2017''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    Section 103 of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (5) through (15) 
        as paragraphs (7) through (17), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) Enforcement actions taken.</DELETED>
                <DELETED>    ``(B) Investigations actively 
                underway.</DELETED>
                <DELETED>    ``(C) Prosecutions conducted.</DELETED>
                <DELETED>    ``(D) Convictions attained.</DELETED>
                <DELETED>    ``(E) Training provided.</DELETED>
                <DELETED>    ``(F) Programs and partnerships actively 
                underway.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(H) Victim services offered, including 
                immigration services and restitution.</DELETED>
                <DELETED>    ``(I) The amount of money the government 
                has committed to the actions described in subparagraphs 
                (A) through (H).</DELETED>
        <DELETED>    ``(6) Credible evidence.--The term `credible 
        evidence' includes all of the following:</DELETED>
                <DELETED>    ``(A) Reports by the Department of 
                State.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Documentation provided by a foreign 
                country, including--</DELETED>
                        <DELETED>    ``(i) copies of relevant laws, 
                        regulations, and policies adopted or modified; 
                        and</DELETED>
                        <DELETED>    ``(ii) an official record of 
                        enforcement actions taken, judicial 
                        proceedings, training conducted, consultations 
                        conducted, programs and partnerships launched, 
                        and services provided.</DELETED>
                <DELETED>    ``(D) Materials developed by civil society 
                organizations.</DELETED>
                <DELETED>    ``(E) Information from survivors of human 
                trafficking, vulnerable persons, and 
                whistleblowers.</DELETED>
                <DELETED>    ``(F) All relevant media and academic 
                reports that, in light of reason and common sense, are 
                worthy of belief.</DELETED>
                <DELETED>    ``(G) Information developed by 
                multilateral institutions.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. SENSE OF CONGRESS REGARDING PRIVATE SECTOR SUPPORT TO 
              STRENGTHEN LAW ENFORCEMENT AGENCIES AND THE ROLE OF 
              PRIVATE BUSINESSES IN PREVENTING AND COMBATING CHILD SEX 
              TRAFFICKING.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) private businesses, both domestic and 
        international, should take every reasonable step to prevent and 
        combat child sex trafficking.</DELETED>

<DELETED>SEC. 4. PROHIBITION ON PLACEMENT OR RECRUITMENT 
              FEES.</DELETED>

<DELETED>    Section 106(g) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7104(g)) is amended--</DELETED>
        <DELETED>    (1) by redesignating clauses (i) through (iv) as 
        paragraphs (1) through (4), respectively, and moving such 
        paragraphs 4 ems to the left; and</DELETED>
        <DELETED>    (2) in paragraph (4), as redesignated--</DELETED>
                <DELETED>    (A) by redesignating subclauses (I) 
                through (V) as subparagraphs (A) through (E), 
                respectively, and moving such subparagraphs 4 ems to 
                the left;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.''.</DELETED>

<DELETED>SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF 
              TRAFFICKING.</DELETED>

<DELETED>    Section 108(b) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7106(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by inserting ``and without bias'' 
                after ``vigorously'';</DELETED>
                <DELETED>    (B) by striking ``if the government'' and 
                inserting the following: ``if--</DELETED>
                <DELETED>    ``(A) the government'';</DELETED>
                <DELETED>    (C) by striking ``such acts and the 
                Secretary'' and inserting the following: ``such 
                acts;</DELETED>
                <DELETED>    ``(B) the Secretary''; and</DELETED>
                <DELETED>    (D) by striking ``such data.'' and 
                inserting the following: ``such data; and</DELETED>
                <DELETED>    ``(C) the Secretary has included a 
                description of such data and a description of such good 
                faith efforts to collect such data in the annual 
                Trafficking in Persons Report.''; and</DELETED>
        <DELETED>    (2) in paragraph (7)--</DELETED>
                <DELETED>    (A) by inserting ``and without bias'' 
                after ``vigorously'';</DELETED>
                <DELETED>    (B) by inserting ``or enable'' after 
                ``condone'';</DELETED>
                <DELETED>    (C) by striking ``if the government'' and 
                inserting the following: ``if--</DELETED>
                <DELETED>    ``(A) the government'';</DELETED>
                <DELETED>    (D) by striking ``such acts and the 
                Secretary'' and inserting the following: ``such 
                acts;</DELETED>
                <DELETED>    ``(B) the Secretary''; and</DELETED>
                <DELETED>    (E) by striking ``such data.'' and 
                inserting the following: ``such data; and</DELETED>
                <DELETED>    ``(C) the Secretary has included a 
                description of such data in the annual Trafficking in 
                Persons Report.''.</DELETED>

<DELETED>SEC. 6. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
              STANDARDS.</DELETED>

<DELETED>    Section 110(b) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7107) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (D) by amending subparagraph (C) to read 
                as follows:</DELETED>
                <DELETED>    ``(C) a list of those countries, if any, 
                to which the minimum standards for the elimination of 
                trafficking are applicable, and whose governments--
                </DELETED>
                        <DELETED>    ``(i) do not fully comply with 
                        such standards and are not making significant 
                        efforts to bring themselves into 
                        compliance;</DELETED>
                        <DELETED>    ``(ii) tolerate trafficking in 
                        government-funded programs; or</DELETED>
                        <DELETED>    ``(iii) have a government-
                        supported practice of--</DELETED>
                                <DELETED>    ``(I) 
                                trafficking;</DELETED>
                                <DELETED>    ``(II) facilitating the 
                                use of forced labor (such as in 
                                agriculture, forestry, mining, or 
                                construction);</DELETED>
                                <DELETED>    ``(III) permitting sexual 
                                slavery in government camps, compounds, 
                                or outposts; or</DELETED>
                                <DELETED>    ``(IV) employing child 
                                soldiers;'';</DELETED>
                <DELETED>    (E) in subparagraph (F), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (F) in subparagraph (G), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (G) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) in subparagraph (A)(iii)--</DELETED>
                        <DELETED>    (i) in subclause (I), by adding 
                        ``or'' at the end;</DELETED>
                        <DELETED>    (ii) in subclause (II), by 
                        striking ``; or'' and inserting a period; 
                        and</DELETED>
                        <DELETED>    (iii) by striking subclause 
                        (III);</DELETED>
                <DELETED>    (B) in subparagraph (B), by striking ``the 
                last annual report'' and inserting ``April 1 of the 
                previous year'';</DELETED>
                <DELETED>    (C) in subparagraph (D)--</DELETED>
                        <DELETED>    (i) in clause (i), by striking 
                        ``2008,'' and all that follows and inserting--
                        </DELETED>
                        <DELETED>    ``2008--</DELETED>
                                <DELETED>    ``(I) shall be included on 
                                the list of countries described in 
                                paragraph (1)(C); and</DELETED>
                                <DELETED>    ``(II) shall be required 
                                to meet the requirements specified in 
                                paragraph (1)(B) before the country may 
                                be removed from the list of countries 
                                described in paragraph (1)(C).''; 
                                and</DELETED>
                        <DELETED>    (ii) in clause (ii), by striking 
                        ``2 years'' and inserting ``1 year''; 
                        and</DELETED>
                <DELETED>    (D) in subparagraph (E)--</DELETED>
                        <DELETED>    (i) in the subparagraph heading, 
                        by striking ``Public'' and inserting 
                        ``Congressional''; and</DELETED>
                        <DELETED>    (ii) by striking ``shall provide'' 
                        and all that follows and inserting the 
                        following: ``shall--</DELETED>
                        <DELETED>    ``(i) provide a detailed 
                        description of the credible evidence supporting 
                        such determination on a publicly available 
                        website maintained by the Department of State; 
                        and</DELETED>
                        <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (3) in paragraph (3)--</DELETED>
                <DELETED>    (A) in subparagraph (B), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (C), by striking the 
                semicolon at the end and inserting a period; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(D) the extent to which the government 
                of the country is devoting sufficient budgetary 
                resources--</DELETED>
                        <DELETED>    ``(i) to investigate and prosecute 
                        acts of severe trafficking in 
                        persons;</DELETED>
                        <DELETED>    ``(ii) to convict and sentence 
                        persons responsible for such acts; 
                        and</DELETED>
                        <DELETED>    ``(iii) to obtain restitution for 
                        victims of human trafficking;</DELETED>
                <DELETED>    ``(E) the extent to which the government 
                of the country is devoting sufficient budgetary 
                resources--</DELETED>
                        <DELETED>    ``(i) to protect and rehabilitate 
                        victims of trafficking in persons; 
                        and</DELETED>
                        <DELETED>    ``(ii) to prevent severe forms of 
                        trafficking in persons; and</DELETED>
                <DELETED>    ``(F) the extent to which the government 
                of the country has consulted with domestic and 
                international civil society organizations to improve 
                the provision of services to victims of trafficking in 
                persons.''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(4) Action plans for countries upgraded to tier 
        2 watchlist.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 180 days 
                after the release of the annual Trafficking in Persons 
                Report, 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), shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) present the relevant action 
                        plan to the government of each such 
                        country.</DELETED>
                <DELETED>    ``(B) Coordination.--The United States 
                Ambassador or Charge d'Affaires of the country for 
                which an action plan is being prepared, in consultation 
                with the Ambassador-at-Large of the Office to Monitor 
                and Combat Trafficking in Persons, shall be responsible 
                for coordinating all necessary diplomatic engagement to 
                prepare such plan.</DELETED>
                <DELETED>    ``(C) Contents.--Each action plan prepared 
                under this paragraph--</DELETED>
                        <DELETED>    ``(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 evidence; and</DELETED>
                        <DELETED>    ``(ii) should be focused on short-
                        term and multiyear goals.</DELETED>
                <DELETED>    ``(D) 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.</DELETED>
                <DELETED>    ``(E) Savings provision.--Nothing in this 
                paragraph may be construed as modifying--</DELETED>
                        <DELETED>    ``(i) minimum standards for the 
                        elimination of trafficking under section 108; 
                        or</DELETED>
                        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 7. COMMUNICATION WITH GOVERNMENTS OF COUNTRIES DESIGNATED 
              AS TIER 2 WATCH LIST COUNTRIES ON THE TRAFFICKING IN 
              PERSONS REPORT.</DELETED>

<DELETED>    (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))--
</DELETED>
        <DELETED>    (1) a copy of the annual Trafficking in Persons 
        report; and</DELETED>
        <DELETED>    (2) information pertinent to that country's 
        downgrade, including--</DELETED>
                <DELETED>    (A) confirmation of the country's 
                designation to the Tier 2 Watch List;</DELETED>
                <DELETED>    (B) the implications associated with such 
                designation and the consequences for the country of a 
                downgrade to Tier 3;</DELETED>
                <DELETED>    (C) the factors that contributed to the 
                downgrade; and</DELETED>
                <DELETED>    (D) the steps that the country must take 
                to be considered for an upgrade in status of 
                designation.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 113 of the Trafficking Victims Prevention Act of 
2000 (22 U.S.C. 7110) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(a) Authorization of Appropriations in Support of the 
Task Force.--There are authorized to be appropriated to the Department 
of State, for each of the fiscal years 2018 through 2023, $12,500,000 
for Diplomatic and Consular Programs of the Office to Monitor and 
Combat Trafficking in Persons, which shall be used to carry out 
sections 105(e), 105(f), and 110, including for additional 
personnel.'';</DELETED>
        <DELETED>    (2) by striking subsection (c) and inserting the 
        following:</DELETED>
<DELETED>    ``(c) Authorization of Appropriations for the Department 
of State.--</DELETED>
        <DELETED>    ``(1) Assistance to combat trafficking.--There are 
        authorized to be appropriated to the Department of State, for 
        each of the fiscal years 2018 through 2023, $64,800,000, which 
        shall be used--</DELETED>
                <DELETED>    ``(A) to carry out sections 106 and 
                107(a);</DELETED>
                <DELETED>    ``(B) to carry out section 134 of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 
                2152d);</DELETED>
                <DELETED>    ``(C) to assist countries in meeting the 
                minimum standards described in section 108; 
                and</DELETED>
                <DELETED>    ``(D) for programs and activities on 
                prevention, protection, and prosecution to combat all 
                forms of trafficking in persons internationally, 
                including training activities for law enforcement 
                officers, prosecutors, and members of the judiciary 
                with respect to trafficking in persons at the 
                International Law Enforcement Academies.</DELETED>
        <DELETED>    ``(2) End modern slavery initiative.--</DELETED>
                <DELETED>    ``(A) In general.--There are authorized to 
                be appropriated to the Department of State, for each of 
                the fiscal years 2021 through 2023, $37,500,000, which 
                shall be used to reduce the prevalence of modern 
                slavery globally.</DELETED>
                <DELETED>    ``(B) Use of funds.--The Secretary of 
                State may obligate amounts appropriated pursuant to 
                subparagraph (A), on an incremental basis--</DELETED>
                        <DELETED>    ``(i) to carry out the grant 
                        program authorized under section 1298(b) of the 
                        National Defense Authorization Act for Fiscal 
                        Year 2017 (22 U.S.C. 7114 note); and</DELETED>
                        <DELETED>    ``(ii) to ensure the effective and 
                        efficient implementation of program 
                        activities.'';</DELETED>
        <DELETED>    (3) by striking subsection (e); and</DELETED>
        <DELETED>    (4) by redesignating subsections (f), (g), (h), 
        and (i) as subsections (e), (f), (g), and (h), 
        respectively.</DELETED>

<DELETED>SEC. 9. REQUIREMENTS FOR STRATEGIES TO PREVENT 
              TRAFFICKING.</DELETED>

<DELETED>    (a) Report on New Practices To Combat Trafficking.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 120 days after the 
        date of the enactment of this Act, and annually thereafter for 
        7 years, the Secretary of State, in consultation with the 
        Administrator of the United States Agency for International 
        Development, shall submit a report to the Committee on Foreign 
        Relations of the Senate and the Committee on Foreign Affairs of 
        the House of Representatives that--</DELETED>
                <DELETED>    (A) describes any practices adopted by the 
                Department or the Agency--</DELETED>
                        <DELETED>    (i) to better combat trafficking 
                        in persons, in accordance with the results of 
                        the study conducted under section 101(b) of the 
                        Trafficking Victims Protection Reauthorization 
                        Act of 2005 (Public Law 109-164); and</DELETED>
                        <DELETED>    (ii) to reduce the risk of 
                        trafficking in post-conflict or post-disaster 
                        areas; or</DELETED>
                <DELETED>    (B) includes a strategy to reduce the risk 
                of trafficking in the areas referred to in subparagraph 
                (A)(ii), if none of the practices referred to in 
                subparagraph (A) have been adopted.</DELETED>
        <DELETED>    (2) Public availability.--Each report submitted 
        under paragraph (1) shall be posted on a publicly available 
        website of the Department of State.</DELETED>
<DELETED>    (b) Child Protection Strategies in Watch List Countries.--
The Administrator of the United States Agency for International 
Development shall incorporate into the relevant country development 
cooperation strategy for each country on the special watch list 
described in paragraph (2)(A) of section 110(b) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7107(b)) or on the list 
described in paragraph (1)(C) of such section, strategies for the 
protection of children and the reduction of the risk of 
trafficking.</DELETED>

<DELETED>SEC. 10. CHILD SOLDIER PREVENTION.</DELETED>

<DELETED>    (a) Short Title.--This section may be cited as the ``Child 
Soldier Prevention Act of 2017''.</DELETED>
<DELETED>    (b) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) The recruitment or use of children in armed 
        conflict is unacceptable for any government or government-
        supported entity receiving United States assistance.</DELETED>
        <DELETED>    (2) The recruitment or use of children in armed 
        conflict, including direct combat, support roles, and sexual 
        slavery, occurred during 2015 and 2016 in Afghanistan, South 
        Sudan, Sudan, Burma, the Democratic Republic of the Congo, 
        Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.</DELETED>
        <DELETED>    (3) Entities of the Government of Afghanistan, 
        particularly the Afghan Local Police and the Afghan National 
        Police, continue to recruit children to serve as combatants or 
        as servants, including as sex slaves.</DELETED>
        <DELETED>    (4) Police forces of the Government of Afghanistan 
        participate in counterterrorism operations, direct and indirect 
        combat, and security operations, fight alongside regular 
        armies, and are targeted for violence by the Taliban and by 
        other opposition groups.</DELETED>
        <DELETED>    (5) In February 2016, a 10-year-old boy was 
        assassinated by the Taliban after he had been publically 
        honored by Afghan local police forces for his assistance in 
        combat operations against the Taliban.</DELETED>
        <DELETED>    (6) The recruitment and use of children in armed 
        conflict by government forces continued during 2016 in South 
        Sudan with the return to hostilities.</DELETED>
        <DELETED>    (7) At least 650 children have been recruited and 
        used in armed conflict in South Sudan during 2016, and at least 
        16,000 children have been recruited since that country's civil 
        war began in 2013.</DELETED>
<DELETED>    (c) Amendments to the Child Soldiers Prevention Act of 
2008.--</DELETED>
        <DELETED>    (1) Definitions.--Section 402 of the Child 
        Soldiers Prevention Act of 2008 (22 U.S.C. 2370c) is amended--
        </DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        inserting ``, police, or other security 
                        forces'' after ``governmental armed forces'' 
                        each place such phrase appears; and</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``clauses'' and inserting ``clause''; 
                        and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(3) Nonlethal supplies.--The term `nonlethal 
        supplies' means property, other than real property, of the 
        Department of Defense that is not a weapon, ammunition, or 
        other equipment or material that is designed to inflict serious 
        bodily harm or death.''.</DELETED>
        <DELETED>    (2) Prohibition.--Section 404 of such Act (22 
        U.S.C. 2370c-1) is amended--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) by inserting ``, police, other 
                        security forces,'' after ``governmental armed 
                        forces''; and</DELETED>
                        <DELETED>    (ii) by striking ``recruit and use 
                        child soldiers'' and inserting ``recruit or use 
                        child soldiers'';</DELETED>
                <DELETED>    (B) in subsection (b), by amending 
                paragraph (2) to read as follows:</DELETED>
        <DELETED>    ``(2) Notification.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 45 days 
                after the submission of each report required under 
                section 110(b) of the Trafficking Victims Protection 
                Act of 2000 (22 U.S.C. 7107(b)), the Secretary of State 
                shall formally notify each government included in the 
                list required under paragraph (1) of its inclusion on 
                such list.</DELETED>
                <DELETED>    ``(B) Congressional notification.--As soon 
                as practicable after making all of the notifications 
                required under subparagraph (A) with respect to a 
                report, the Secretary of State shall notify the 
                appropriate congressional committees that the 
                requirements under subparagraph (A) have been 
                completed.''; and</DELETED>
                <DELETED>    (C) in subsection (e)(1), in the matter 
                preceding subparagraph (A), by striking ``to a 
                country'' and all that follows through ``subsection 
                (a)'' and inserting ``under section 541 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2347) through the 
                Defense Institute for International Legal Studies or 
                the Center for Civil-Military Relations at the Naval 
                Post-Graduate School, and may provide nonlethal 
                supplies to a country subject to the prohibition under 
                subsection (a)''.</DELETED>
        <DELETED>    (3) Reports.--Section 405 of such Act (22 U.S.C. 
        2370c-2) is amended--</DELETED>
                <DELETED>    (A) in subsection (c)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        paragraph (1)--</DELETED>
                                <DELETED>    (I) by striking ``, during 
                                any of the 5 years following the date 
                                of the enactment of this Act,''; 
                                and</DELETED>
                                <DELETED>    (II) by striking 
                                ``wavier'' and inserting 
                                ``waiver'';</DELETED>
                        <DELETED>    (ii) by redesignating paragraphs 
                        (2), (3), and (4) as paragraphs (3), (4), and 
                        (5), respectively;</DELETED>
                        <DELETED>    (iii) by inserting after paragraph 
                        (1) the following:</DELETED>
        <DELETED>    ``(2) a description and the amount of any 
        assistance withheld under this title pursuant to the 
        application of the prohibition under section 404(a) to those 
        countries;''; and</DELETED>
                        <DELETED>    (iv) in paragraph (5), as 
                        redesignated, by inserting ``and the amount'' 
                        after ``a description''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(d) Information To Be Included in Annual Trafficking in 
Persons Report.--If a country is notified pursuant to section 
404(b)(2), or if a waiver is granted pursuant to section 404(c)(1), the 
Secretary of State shall include, in each report required under section 
110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7107(b)), the information required to be included in the annual report 
under subsection (c).''.</DELETED>

<DELETED>SEC. 11. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-
              TRAFFICKING INTERVENTIONS IN MULTILATERAL DEVELOPMENT 
              BANKS.</DELETED>

<DELETED>    (a) Requirements.--The Secretary of the Treasury, in 
consultation with the Department of State's 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--
</DELETED>
        <DELETED>    (1) further develop anti-human trafficking 
        provisions in relevant project development, safeguards, 
        procurement, and evaluation policies;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (7) support the inclusion of human trafficking 
        risk analysis in the development of relevant country strategies 
        by each multilateral development bank.</DELETED>
<DELETED>    (b) Briefings.--The Secretary of the Treasury shall make 
relevant officials available to brief the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Committee on Foreign Affairs and the Committee on Appropriations of the 
House of Representatives on the implementation of this 
section.</DELETED>

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 unreasonable 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 evidence.--The term `credible evidence' 
        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. 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. 5. 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 evidence 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 evidence; 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. 6. 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. 7. 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.
                                                       Calendar No. 623

115th CONGRESS

  2d Session

                                S. 1862

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 5, 2018

                       Reported with an amendment
```