II 

114TH CONGRESS 

2D SESSION S. 3520 

To amend the Trafficking Victims Protection Act of 2000 to clarify report 

dates, modify the criteria for determinations of whether countries are 

meeting the minimum standards for elimination of trafficking, and highlight the importance of concrete actions by countries to eliminate trafficking, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2016 

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

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To amend the Trafficking Victims Protection Act of 2000 

to clarify report dates, modify the criteria for determinations of whether countries are meeting the minimum 

standards for elimination of trafficking, and highlight 

the importance of concrete actions by countries to eliminate 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 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Trafficking In Persons Report Integrity Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 Section 103 of the Trafficking Victims Protection Act 

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

4 (1) by redesignating paragraphs (5) through 

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

6 (2) by inserting after paragraph (4) the fol7 lowing: 

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

9 actions’ means any of the following actions that de10 monstrably improve the condition of a substantial 

11 number of victims of human trafficking and persons 

12 vulnerable to human trafficking: 

13 ‘‘(A) Enforcement actions taken. 

14 ‘‘(B) Investigations actively underway. 

15 ‘‘(C) Prosecutions conducted. 

16 ‘‘(D) Convictions attained. 

17 ‘‘(E) Training provided. 

18 ‘‘(F) Programs and partnerships actively 

19 underway. 

20 ‘‘(G) Victim services offered, including im21 migration services and restitution. 

22 ‘‘(H) The amount of money the govern23 ment in question has committed to the actions 

24 described in subparagraphs (A) through (G). 


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1 ‘‘(I) An assessment of the impact of such 

2 actions on the prevalence of human trafficking 

3 in the country. 

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

5 evidence’ means information relied upon by the De6 partment of State to make determinations relating 

7 to the provisions set forth in this division, includ8 ing— 

9 ‘‘(A) reports by the Department of State; 

10 ‘‘(B) reports of other Federal agencies, in11 cluding the Department of Labor’s List of 

12 Goods Produced by Child Labor or Forced 

13 Labor; 

14 ‘‘(C) documentation provided by a foreign 

15 country, including copies of relevant laws, regu16 lations, policies adopted or modified, enforce17 ment actions taken and judicial proceedings, 

18 training conducted, consultations conducted, 

19 programs and partnerships launched, and serv20 ices provided; 

21 ‘‘(D) materials developed by civil society 

22 organizations; 

23 ‘‘(E) information from survivors of human 

24 trafficking, vulnerable persons, and whistle25 blowers; 


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1 ‘‘(F) all relevant media and academic re2 ports that, in light of reason and common 

3 sense, are worthy of belief; and 

4 ‘‘(G) information developed by multilateral 

5 institutions.’’; and 

6 (3) in paragraph (10), as redesignated— 

7 (A) in the paragraph heading, by striking 

8 ‘‘NONTRADE-RELATED’’ and inserting ‘‘NON9 ANTI-HUMAN TRAFFICKING RELATED’’; 

10 (B) in the matter preceding subparagraph 

11 (A), by striking ‘‘nontrade-related’’ and insert12 ing ‘‘non-anti-human trafficking related’’; and 

13 (C) in subparagraph (A)(ix), by striking 

14 ‘‘trade-related’’ and inserting ‘‘anti-human traf15 ficking-related’’. 

16 SEC. 3. MINIMUM STANDARDS FOR THE ELIMINATION OF 

17 TRAFFICKING. 

18 Section 108(b) of the Trafficking Victims Protection 

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

20 (1) in paragraph (1)— 

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

22 ‘‘vigorously’’; 

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

24 inserting the following: ‘‘if— 

25 ‘‘(A) the government’’; 


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1 (C) by striking ‘‘such acts and the Sec2 retary’’ and inserting the following: ‘‘such acts; 

3 ‘‘(B) the Secretary’’; and 

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

5 the following: ‘‘such data; and 

6 ‘‘(C) the Secretary has submitted copies of 

7 such data and a description of such good faith 

8 efforts to collect such data to the Committee on 

9 Foreign Relations of the Senate and the Com10 mittee on Foreign Affairs of the House of Rep11 resentatives.’’; and 

12 (2) in paragraph (7)— 

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

14 ‘‘vigorously’’; 

15 (B) by inserting ‘‘or enable’’ after ‘‘con16 done’’; 

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

18 inserting the following: ‘‘if— 

19 ‘‘(A) the government’’; 

20 (D) by striking ‘‘such acts and the Sec21 retary’’ and inserting the following: ‘‘such acts; 

22 ‘‘(B) the Secretary’’; and 

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

24 the following: ‘‘such data; and 


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1 ‘‘(C) the Secretary has submitted copies of 

2 such data and a description of such good faith 

3 efforts to collect such data to the Committee on 

4 Foreign Relations of the Senate and the Com5 mittee on Foreign Affairs of the House of Rep6 resentatives.’’; and 

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

8 ‘‘(13) Whether the government of the country— 

9 ‘‘(A) sponsors or otherwise facilitates 

10 forced labor; or 

11 ‘‘(B) has policies that provide incentives 

12 for or otherwise support the participation in or 

13 facilitation of forced labor by officials at any 

14 level of government.’’. 

15 SEC. 4. ACTIONS AGAINST GOVERNMENTS FAILING TO 

16 MEET MINIMUM STANDARDS. 

17 (a) IN GENERAL.—Section 110 of the Trafficking 

18 Victims Protection Act of 2000 (22 U.S.C. 7107) is 

19 amended— 

20 (1) in subsection (a), by striking ‘‘nontrade-re21 lated’’ and inserting ‘‘non-anti-human trafficking re22 lated’’; and 

23 (2) in subsection (b)— 

24 (A) in paragraph (1)— 


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1 (i) by striking ‘‘The report should’’ 

2 and inserting ‘‘The report shall cover ef3 forts and activities taking place during the 

4 period between April 1 of the year pre5 ceding the report and March 31 of the 

6 year in which the report is made, and 

7 should’’; 

8 (ii) in subparagraph (A), by inserting 

9 ‘‘based only on concrete actions taken by 

10 the country during the reporting year’’ 

11 after ‘‘such standards’’; 

12 (iii) in subparagraph (B) by inserting 

13 ‘‘based only on concrete actions taken by 

14 the country during the reporting year (ex15 cluding any commitments by the country 

16 to take additional future steps over the 

17 next year)’’ after ‘‘compliance’’; 

18 (iv) in subparagraph (C), by striking 

19 ‘‘compliance;’’ and inserting the following: 

20 ‘‘compliance, including all countries in 

21 which— 

22 ‘‘(i) central government officials par23 ticipate in or facilitate forced labor; and 

24 ‘‘(ii) the central government main25 tains policies that provide incentives for or 


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1 otherwise support the participation in or 

2 facilitation of force labor by officials at any 

3 level of government;’’; 

4 (v) in subparagraph (F), by striking 

5 ‘‘and’’ at the end; 

6 (vi) in subparagraph (G), by striking 

7 the period at the end and inserting ‘‘; 

8 and’’; and 

9 (vii) by adding at the end the fol10 lowing: 

11 ‘‘(H) for each country included in a dif12 ferent list than the country had been placed in 

13 the previous annual report, a detailed expla14 nation of how the concrete actions (or lack of 

15 such actions) undertaken by the country during 

16 the previous reporting period contributed to 

17 such change, including a clear linkage between 

18 such actions and the minimum standards enu19 merated in section 108.’’; 

20 (B) in paragraph (2)— 

21 (i) in subparagraph (A)(iii)— 

22 (I) in subclause (I), by adding 

23 ‘‘or’’ at the end; 

24 (II) in subclause (II), by striking 

25 ‘‘; or’’ and inserting a period; and 


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1 (III) by striking subclause (III); 

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

3 ‘‘the last annual report’’ and inserting 

4 ‘‘April 1 of the previous year’’; 

5 (iii) in subparagraph (D)— 

6 (I) in clause (i), by striking 

7 ‘‘2008,’’ and all that follows and in8 serting— 

9 ‘‘2008— 

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

11 of countries described in paragraph 

12 (1)(C); and 

13 ‘‘(II) shall be required to meet 

14 the requirements specified in para15 graph (1)(B) before the country may 

16 be removed from the list of countries 

17 described in paragraph (1)(C).’’; 

18 (II) in clause (ii)— 

19 (aa) by striking ‘‘2 years’’ 

20 and inserting ‘‘1 year’’; 

21 (bb) in subclause (II), by 

22 striking ‘‘and’’; 

23 (cc) in subclause (III), by 

24 striking the period at the end 

25 and inserting ‘‘; and’’; and 


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1 (dd) by adding at the end 

2 the following: 

3 ‘‘(IV) the country has taken con4 crete actions to implement the prin5 cipal recommendations of the most re6 cent annual report on trafficking in 

7 persons with respect to that coun8 try.’’; and 

9 (III) by adding at the end the 

10 following: 

11 ‘‘(iii) WRITTEN PLAN.—The Secretary 

12 of State shall endeavor to work with each 

13 country that receives a waiver under clause 

14 (ii) and with civil society organizations in 

15 each country to draft and implement a 

16 written plan described in such clause.’’; 

17 and 

18 (iv) in subparagraph (E), by striking 

19 ‘‘shall provide’’ and all that follows and in20 serting the following: ‘‘shall provide, on a 

21 publicly available website maintained by 

22 the Department of State— 

23 ‘‘(i) a detailed description of the cred24 ible evidence supporting such determina25 tion; 


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1 ‘‘(ii) the written plan submitted by 

2 the country under subparagraph (D)(ii)(I); 

3 and 

4 ‘‘(iii) supporting documentation pro5 viding credible evidence of— 

6 ‘‘(I) each concrete action by the 

7 country to bring itself into compliance 

8 with the minimum standards for the 

9 elimination of trafficking, including 

10 copies of relevant laws or regulations 

11 adopted or modified; and 

12 ‘‘(II) any actions taken by that 

13 country to enforce the minimum 

14 standards for the elimination of traf15 ficking, as appropriate.’’; 

16 (C) in paragraph (3)— 

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

18 ‘‘and’’ at the end; 

19 (ii) in subparagraph (C), by striking 

20 the period at the end and inserting a semi21 colon; and 

22 (iii) by adding at the end the fol23 lowing: 


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

2 of the country is devoting sufficient budgetary 

3 resources— 

4 ‘‘(i) to investigate and prosecute acts 

5 of severe trafficking in persons; 

6 ‘‘(ii) to convict and sentence persons 

7 responsible for such acts; and 

8 ‘‘(iii) to obtain restitution for victims 

9 of human trafficking; 

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

11 of the country is devoting sufficient budgetary 

12 resources— 

13 ‘‘(i) to protect and rehabilitate victims 

14 of trafficking in persons; and 

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

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

18 the country has consulted with domestic and 

19 international civil society organizations to im20 prove the provision of services to victims of 

21 trafficking in persons; and 

22 ‘‘(G) whether— 

23 ‘‘(i) government officials participate in 

24 or facilitate forced labor and human traf25 ficking; and 


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1 ‘‘(ii) the government maintains poli2 cies that provide incentives for or otherwise 

3 support the participation in or facilitation 

4 of forced labor and human trafficking by 

5 officials at any level of government.’’; and 

6 (D) by adding at the end the following: 

7 ‘‘(4) SPECIAL RULE FOR CHANGES IN CERTAIN

8 DETERMINATIONS.—Not later than 90 days after 

9 the submission of each annual report under para10 graph (1), the Secretary of State shall submit a de11 tailed description of the credible evidence supporting 

12 a change in listing of a country, accompanied by 

13 copies of documents providing such evidence, as ap14 propriate, to the appropriate congressional commit15 tees not later than 90 days after the submission of 

16 that report if— 

17 ‘‘(A) a country is included on a list of 

18 countries described in paragraph (1)(C) in an 

19 annual report submitted in calendar year 2015 

20 or in any calendar year thereafter; and 

21 ‘‘(B) in the annual report submitted in the 

22 next calendar year, the country is listed on a 

23 list of countries described in paragraph (1)(B). 

24 ‘‘(5) WRITTEN PLAN.—The Secretary of State 

25 shall endeavor to work with each country that has 


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1 been listed pursuant to paragraph (1)(C) in the 

2 most recent annual report and civil society organiza3 tions to draft and implement the written plan de4 scribed in paragraph (2)(D)(ii).’’. 

5 (b) LIMITATION OF WAIVER AUTHORITY.—Section 

6 110(d) of the Trafficking Victims Protection Act of 2000 

7 (22 U.S.C. 7107(d)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in the paragraph heading, by striking 

10 ‘‘NONTRADE-RELATED’’ and inserting ‘‘NON11 ANTI-HUMAN TRAFFICKING RELATED’’; 

12 (B) by striking subparagraph (B); 

13 (C) in subparagraph (A)— 

14 (i) in clause (i)— 

15 (I) by striking ‘‘(i)’’; and 

16 (II) by striking ‘‘nontrade-re17 lated’’ and inserting ‘‘non-anti-human 

18 trafficking related’’; and 

19 (ii) by redesignating clause (ii) as 

20 subparagraph (B); and 

21 (D) in subparagraph (B), as redesignated, 

22 by striking ‘‘nontrade-related’’ and inserting 

23 ‘‘non-anti-human trafficking related’’; 

24 (2) in paragraph (4)— 


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1 (A) by striking ‘‘nontrade-related’’ and in2 serting ‘‘non-anti-human trafficking related’’; 

3 and 

4 (B) by striking ‘‘or the multilateral assist5 ance described in paragraph (1)(B), or both,’’; 

6 and 

7 (3) in paragraph (5)(A)— 

8 (A) in clause (i)— 

9 (i) by striking ‘‘nontrade-related’’ and 

10 inserting ‘‘non-anti-human trafficking re11 lated’’; and 

12 (ii) by adding ‘‘or’’ at the end; 

13 (B) by striking clause (ii); and 

14 (C) by redesignating clause (iii) as clause 

15 (ii). 

16 (c) SUBSEQUENT WAIVER AUTHORITY.—Section 

17 110(f) of the Trafficking Victims Protection Act of 2000 

18 (22 U.S.C. 7107(f)) is amended by inserting ‘‘and has 

19 submitted a report to the Committee on Foreign Relations 

20 of the Senate and the Committee on Foreign Affairs of 

21 the House of Representatives that describes in detail the 

22 credible evidence that the country has taken concrete ac23 tions to implement the principal recommendations of the 

24 most recent annual report on trafficking in persons with 


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1 respect to that country and includes copies of relevant doc2 uments’’ after ‘‘government of a country’’. 

3 SEC. 5. UNITED STATES OPPOSITION TO ANY ACTION BY 

4 CERTAIN INTERNATIONAL FINANCIAL INSTI5 TUTIONS THAT DOES NOT REQUIRE THE RE6 CIPIENT GOVERNMENT TO WORK TO ELIMI7 NATE HUMAN TRAFFICKING. 

8 (a) REQUIREMENT.—The President shall instruct the 

9 United States Executive Director of each international fi10 nancial institution— 

11 (1) to support the United States policy goal of 

12 advancing the cause of ending modern slavery and 

13 human trafficking, including by seeking to channel 

14 assistance toward countries other than countries 

15 whose governments— 

16 (A) do not fully comply with the minimum 

17 standards set forth in section 108(a) of the 

18 Trafficking Victims Protection Act of 2000 (22 

19 U.S.C. 7106(a)); and 

20 (B) are not making significant efforts to 

21 comply with such standards; 

22 (2) to use the voice and vote of the United 

23 States to oppose any loan, project, agreement, 

24 memorandum, instrument, plan, or other program 

25 involving a country that is described in paragraph 


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1 (1)(C) or (2)(A)(iii) of section 110(b) of the Traf2 ficking Victims Protection Act of 2000 (22 U.S.C. 

3 7107(b)) (commonly known as ‘‘Tier 3 Countries’’ 

4 and ‘‘Tier 2 Watch List Countries’’, respectively) if 

5 the loan, project, agreement, memorandum, instru6 ment, plan, or other program does not actively pro7 mote and work to achieve the minimum standards 

8 set forth in section 108(a) of the Trafficking Victims 

9 Protection Act of 2000 (22 U.S.C. 7106(a)); 

10 (3) to encourage other nations to adopt policies 

11 that are consistent with subparagraph (B); and 

12 (4) to initiate discussions with the other execu13 tive directors of the respective international financial 

14 institution proposing that each such institution de15 velop anti-human trafficking provisions in its project 

16 safeguards and procurement policies, taking into 

17 consideration the minimum standards set forth in 

18 section 108(a) of the Trafficking Victims Protection 

19 Act of 2000 (22 U.S.C. 7106(a)) and the Abolition 

20 of Forced Labour Convention, 1957, which was 

21 adopted by the International Labour Organisation in 

22 Geneva on June 25, 1957. 

23 (b) REPORTING REQUIREMENTS.— 

24 (1) IN GENERAL.—Not later than July 1 of 

25 each year, the Secretary of the Treasury shall subVerDate Sep 11 2014 02:13 Dec 13, 2016 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3520.IS S3520

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1 mit an annual report to the Chairman and Ranking 

2 Member of the Committee on Foreign Relations of 

3 the Senate and the Chairman and Ranking Member 

4 of the Committee on Foreign Affairs of the House 

5 of Representatives that describes all loans to Tier 3 

6 Countries and Tier 2 Watch List Countries that 

7 were considered by the Board of Executive Directors 

8 of each international financial institution during the 

9 preceding 12-month reporting period. 

10 (2) CONTENTS.—Each report required under 

11 paragraph (1) shall— 

12 (A) include a list of all loans considered by 

13 the Board of Executive Directors of each inter14 national financial institution; 

15 (B) specify, with respect to each such 

16 loan— 

17 (i) the institution involved; 

18 (ii) the date of final action; 

19 (iii) the borrower; 

20 (iv) the amount; 

21 (v) the project or program; 

22 (vi) the vote of the United States Gov23 ernment; 

24 (vii) the reason for United States 

25 Government opposition, if any; and 


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1 (viii) the final disposition of the loan; 

2 (C) indicate whether the United States has 

3 opposed any loan, financial assistance, or tech4 nical assistance to a country based upon the 

5 prevalence of human trafficking within such 

6 country; 

7 (D) indicate whether the United States has 

8 voted in favor of a loan, financial assistance, or 

9 technical assistance to a country with respect to 

10 which the United States had, in the preceding 

11 2 years, opposed a loan, financial assistance, or 

12 technical assistance based upon a reduction of 

13 human trafficking within such country; 

14 (E) in cases in which the United States 

15 changed its voting position, regarding a loan, fi16 nancial assistance, or technical assistance to a 

17 country, from opposition to support or from 

18 support to opposition based upon the response 

19 by the government of such country to human 

20 trafficking within such country— 

21 (i) indicate the policy considerations 

22 that were taken into account in the devel23 opment of the United States voting posi24 tion; 


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1 (ii) indicate how the United States 

2 voted on all other loans, financial assist3 ance, and technical assistance to such 

4 country during the preceding 2 years; and 

5 (iii) describe how the United States 

6 voting position relates to the overall United 

7 States Government policy on human traf8 ficking in such country; and 

9 (F) describe the efforts of each inter10 national financial institution to implement anti11 human trafficking provisions in its project safe12 guards and procurement policies. 

13 (c) DEFINED TERM.—In this section, the term 

14 ‘‘international financial institution’’ includes— 

15 (1) the International Bank for Reconstruction 

16 and Development; 

17 (2) the European Bank for Reconstruction and 

18 Development; 

19 (3) the International Development Association; 

20 (4) the International Finance Corporation; 

21 (5) the Multilateral Investment Guarantee 

22 Agency; 

23 (6) the Inter-American Development Bank; 

24 (7) the Inter-American Investment Corporation; 

25 (8) the Asian Development Bank; 


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1 (9) the African Development Bank; and 

2 (10) the African Development Fund. 

Æ 


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