II 

115TH CONGRESS 

2D SESSION S. 2308 

To provide for the suspension of the eligibility for the Generalized System 

of Preferences of countries that fail to meet minimum standards for 

the elimination of human trafficking, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2018 

Mr. MENENDEZ (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To provide for the suspension of the eligibility for the Generalized System of Preferences of countries that fail to 

meet 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anti-Trafficking Trade 

5 Act of 2018’’. 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•S 2308 IS

1 SEC. 2. SUSPENSION OF ELIGIBILITY FOR COUNTRIES 

2 THAT FAIL TO MEET MINIMUM STANDARDS 

3 FOR THE ELIMINATION OF HUMAN TRAF4 FICKING. 

5 Section 502(b) of the Trade Act of 1974 (19 U.S.C. 

6 2462(b)) is amended by adding at the end the following: 

7 ‘‘(3) COUNTRIES THAT FAIL TO MEET MINIMUM

8 STANDARDS FOR THE ELIMINATION OF HUMAN

9 TRAFFICKING.— 

10 ‘‘(A) TIER 3 COUNTRIES.— 

11 ‘‘(i) SUSPENSION OF DESIGNATION.— 

12 Not later than 90 days after the submis13 sion to Congress of an annual report on 

14 trafficking in persons, the President shall, 

15 for each country listed as a tier 3 country 

16 in that report that is designated as a bene17 ficiary developing country for purposes of 

18 this title, suspend that designation for one 

19 year. 

20 ‘‘(ii) PROHIBITION ON DESIGNA21 TION.—During the 1-year period beginning 

22 on the date that is 90 days after the sub23 mission to Congress of an annual report on 

24 trafficking in persons, the President may 

25 not designate a country listed as a tier 3 


rfrederick on DSKBCBPHB2PROD with BILLS
3 

•S 2308 IS

1 country in that report as a beneficiary de2 veloping country for purposes of this title. 

3 ‘‘(B) TIER 2 WATCH LIST COUNTRIES.— 

4 Not later than 90 days after the submission to 

5 Congress of an annual report on trafficking in 

6 persons, the President shall, for each country 

7 listed as a tier 2 watch list country in that re8 port, notify the government of that country that 

9 a downgrade to the classification of the country 

10 to classification as a tier 3 country in the next 

11 annual report on trafficking in persons will re12 sult in the suspension of the designation of the 

13 country as a beneficiary developing country or 

14 the ineligibility of the country for designation 

15 as a beneficiary developing country, as applica16 ble. 

17 ‘‘(C) WAIVER.— 

18 ‘‘(i) IN GENERAL.—The President 

19 may waive a requirement of subparagraph 

20 (A) with respect to a country if, not later 

21 than 90 days after the submission to Con22 gress of the annual report on trafficking in 

23 persons that lists the country as a tier 3 

24 country, the President submits to the ap25 propriate congressional committees a letter 


rfrederick on DSKBCBPHB2PROD with BILLS
4 

•S 2308 IS

1 stating that the government of the country 

2 has taken concrete actions to implement 

3 the principal recommendations with respect 

4 to that country in the report. 

5 ‘‘(ii) REQUIREMENTS.—A letter sub6 mitted under clause (i) with respect to a 

7 country shall— 

8 ‘‘(I) include a description of the 

9 concrete actions that the government 

10 of the country has taken to implement 

11 the principal recommendations de12 scribed in that clause; 

13 ‘‘(II) be accompanied by sup14 porting documentation providing cred15 ible evidence of each such concrete ac16 tion, including copies of relevant laws 

17 or regulations adopted or modified, 

18 and any enforcement actions taken, by 

19 that country, where appropriate; 

20 ‘‘(III) include a certification that 

21 all eligible articles originating from 

22 the country are not included on the 

23 list of goods produced by child labor 

24 or forced labor maintained by the De25 partment of Labor and are otherwise 


rfrederick on DSKBCBPHB2PROD with BILLS
5 

•S 2308 IS

1 reasonably believed to be free of 

2 forced labor; 

3 ‘‘(IV) include any public com4 ments received from civil society orga5 nizations with respect to the laws and 

6 practices of the country regarding 

7 trafficking in persons; and 

8 ‘‘(V) be published in the Federal 

9 Register. 

10 ‘‘(iii) LIMITATION ON WAIVER.—The 

11 President may not exercise the waiver au12 thority under clause (i) with respect to a 

13 country for more than one year. 

14 ‘‘(D) DEFINITIONS.—In this paragraph: 

15 ‘‘(i) ANNUAL REPORT ON TRAF16 FICKING IN PERSONS.—The term ‘annual 

17 report on trafficking in persons’ means the 

18 annual report on trafficking in persons re19 quired under section 110(b)(1) of the Traf20 ficking Victims Protection Act of 2000 (22 

21 U.S.C. 7107(b)(1)). 

22 ‘‘(ii) APPROPRIATE CONGRESSIONAL

23 COMMITTEES.—The term ‘appropriate con24 gressional committees’ means— 


rfrederick on DSKBCBPHB2PROD with BILLS
6 

•S 2308 IS

1 ‘‘(I) the Committee on Ways and 

2 Means and the Committee on Foreign 

3 Affairs of the House of Representa4 tives; and 

5 ‘‘(II) the Committee on Finance 

6 and the Committee on Foreign Rela7 tions of the Senate. 

8 ‘‘(iii) TIER 2 WATCH LIST COUN9 TRY.—The term ‘tier 2 watch list country’ 

10 means a country on the list of countries re11 quired by clause (ii) or (iii) of section 

12 110(b)(2)(A) of the Trafficking Victims 

13 Protection Act of 2000 (22 U.S.C. 

14 7107(b)(2)(A)). 

15 ‘‘(iv) TIER 3 COUNTRY.—The term 

16 ‘tier 3 country’ means a country on the list 

17 of countries required by section 

18 110(b)(1)(C) of the Trafficking Victims 

19 Protection Act of 2000 (22 U.S.C. 

20 7107(b)(1)(C)).’’. 

Æ 


rfrederick on DSKBCBPHB2PROD with BILLS