International Trafficking Victims Protection Reauthorization Act of 2022.
Bill: S.4171 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: Crime and Law Enforcement

Summary:
International Trafficking Victims Protection Reauthorization Act of 2022
This bill reauthorizes certain initiatives to combat human trafficking (e.g., the Trafficking Victims Protection Act of 2000) and specifically incorporates anti-human trafficking initiatives into other federal programs and activities (e.g., the U.S. Agency for International Development).

To reauthorize the Trafficking Victims Protection Act of 2000, 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 ``International Trafficking Victims 
Protection Reauthorization Act of 2022.''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
              TITLE I--COMBATING HUMAN TRAFFICKING ABROAD

Sec. 101. United States support for integration of anti-trafficking in 
                            persons interventions in multilateral 
                            development banks.
Sec. 102. Expanding prevention efforts at the United States Agency for 
                            International Development.
Sec. 103. Counter-trafficking in persons efforts in development 
                            cooperation and assistance policy.
Sec. 104. Technical amendments to tier rankings.
Sec. 105. Modifications to the program to end modern slavery.
Sec. 106. Clarification of nonhumanitarian, nontrade-related foreign 
                            assistance.
Sec. 107. Expanding protections for domestic workers of official and 
                            diplomatic visa holders.
Sec. 108. Effective dates.
               TITLE II--AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Extension of authorizations under the Victims of Trafficking 
                            and Violence Protection Act of 2000.
Sec. 202. Extension of authorizations under the International Megan's 
                            Law.
                          TITLE III--BRIEFINGS

Sec. 301. Briefing on annual trafficking in person's report.
Sec. 302. Briefing on use and justification of waivers.

              TITLE I--COMBATING HUMAN TRAFFICKING ABROAD

SEC. 101. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-TRAFFICKING IN 
              PERSONS 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 to 
Monitor and Combat Trafficking in Persons, shall instruct the United 
States Executive Director of each multilateral development bank (as 
defined in section 110(d) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7107(d))) to encourage the inclusion of a counter-
trafficking strategy, including risk assessment and mitigation efforts 
as needed, in proposed projects in countries listed--
            (1) on the Tier 2 Watch List (required under section 
        110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7107(b)(2)(A)), as amended by section 104(a));
            (2) under subparagraph (C) of section 110(b)(1) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7107(b)(1)) (commonly referred to as ``tier 3''); and
            (3) as Special Cases in the most recent report on 
        trafficking in persons required under such section (commonly 
        referred to as the ``Trafficking in Persons Report'').
    (b) Briefings.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Treasury, in consultation 
with the Secretary of State, shall brief the appropriate congressional 
committees regarding the implementation of this section.
    (c) GAO Report.--Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate congressional committees a report that 
details the activities of the United States relating to combating human 
trafficking, including forced labor, within multilateral development 
projects.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.

SEC. 102. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES AGENCY FOR 
              INTERNATIONAL DEVELOPMENT.

    (a) In General.--In order to strengthen prevention efforts by the 
United States abroad, the Administrator of the United States Agency for 
International Development (referred to in this section as the 
``Administrator'') shall, to the extent practicable and appropriate--
            (1) encourage the integration of activities to counter 
        trafficking in persons (referred to in this section as ``C-
        TIP'') into broader assistance programming;
            (2) determine a reasonable definition for the term ``C-TIP 
        Integrated Development Programs,'' which shall include any 
        programming to address health, food security, economic 
        development, education, democracy and governance, and 
        humanitarian assistance that includes a sufficient C-TIP 
        element; and
            (3) ensure that each mission of the United States Agency 
        for International Development (referred to in this section as 
        ``USAID'')--
                    (A) integrates a C-TIP component into development 
                programs, project design, and methods for program 
                monitoring and evaluation, as necessary and 
                appropriate, when addressing issues, including--
                            (i) health;
                            (ii) food security;
                            (iii) economic development;
                            (iv) education;
                            (v) democracy and governance; and
                            (vi) humanitarian assistance;
                    (B) continuously adapts, strengthens, and 
                implements training and tools related to the 
                integration of a C-TIP perspective into the work of 
                development actors; and
                    (C) encourages USAID Country Development 
                Cooperation Strategies to include C-TIP components in 
                project design, implementation, monitoring, and 
                evaluation, as necessary and appropriate.
    (b) Reports and Briefings Required.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of an Act making appropriations for the 
        Department of State, Foreign Operations, and Related Programs 
        through fiscal year 2026, the Secretary of State, in 
        consultation with the Administrator, shall submit to the 
        appropriate congressional committees a report on obligations 
        and expenditures of all funds managed by the Department of 
        State and USAID in the prior fiscal year to combat human 
        trafficking and forced labor, including integrated C-TIP 
        activities.
            (2) Contents.--The report required by paragraph (1) shall 
        include--
                    (A) a description of funding aggregated by program, 
                project, and activity; and
                    (B) a description of the management structure at 
                the Department of State and USAID used to manage such 
                programs.
            (3) Biennial briefing.--Not later than 6 months of after 
        the date of the enactment of this Act, and every 2 years 
        thereafter through fiscal year 2026, the Secretary of State, in 
        consultation with the Administrator, shall brief the Committee 
        on Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives on the implementation 
        of subsection (a).
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.

SEC. 103. COUNTER-TRAFFICKING IN PERSONS EFFORTS IN DEVELOPMENT 
              COOPERATION AND ASSISTANCE POLICY.

    The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 
amended--
            (1) in section 102(b)(4)(22 U.S.C. 2151-1(b)(4))--
                    (A) in subparagraph (F), by striking ``and'' at the 
                end;
                    (B) in subparagraph (G), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(H) effective counter-trafficking in persons 
                policies and programs.''; and
            (2) in section 492(d)(1)(22 U.S.C. 2292a(d)(1))--
                    (A) by striking ``that the funds'' and inserting 
                the following: ``that--
                    ``(A) the funds'';
                    (B) in subparagraph (A), as added by subparagraph 
                (A) of this paragraph, by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(B) in carrying out the provisions of this 
                chapter, the President shall, to the greatest extent 
                possible--
                            ``(i) ensure that assistance made available 
                        under this section does not create or 
                        contribute to conditions that can be reasonably 
                        expected to result in an increase in 
                        trafficking in persons who are in conditions of 
                        heightened vulnerability as a result of natural 
                        and manmade disasters; and
                            ``(ii) integrate appropriate protections 
                        into the planning and execution of activities 
                        authorized under this chapter.''.

SEC. 104. TECHNICAL AMENDMENTS TO TIER RANKINGS.

    (a) Modifications to Tier 2 Watch List.--Section 110(b)(2) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)), is 
amended--
            (1) in the paragraph heading, by striking ``Special'' and 
        inserting ``Tier 2''; and
            (2) in subparagraph (A)--
                    (A) by striking ``of the following countries'' and 
                all that follows through ``annual report, where--''and 
                inserting ``of countries that have been listed pursuant 
                to paragraph (1)(B) pursuant to the current annual 
                report, in which--''; and
                    (B) by redesignating subclauses (I) and (II) as 
                clauses (i) and (ii), respectively, and moving such 
                clauses (as so redesignated) 2 ems to the left.
    (b) Modification to Special Rule for Downgraded and Reinstated 
Countries.--Section 110(b)(2)(F) of such Act (22 U.S.C. 7107(b)(2)(F)) 
is amended--
            (1) in the matter preceding clause (i), by striking 
        ``special watch list described in subparagraph (A)(iii) for 
        more than 1 consecutive year after the country'' and inserting 
        ``Tier 2 watch list described in subparagraph (A) for more than 
        one year immediately after the country consecutively'';
            (2) in clause (i), in the matter preceding subclause (I), 
        by striking ``special watch list described in subparagraph 
        (A)(iii)'' and inserting ``Tier 2 watch list described in 
        subparagraph (A)''; and
            (3) in clause (ii), by inserting ``in the year following 
        such waiver under subparagraph (D)(ii)'' after ``paragraph 
        (1)(C)''.
    (c) Conforming Amendments.--
            (1) Trafficking victims protection act of 2000.--Section 
        110(b) of the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7107(b)), as amended by subsections (a) and (b), is 
        further amended--
                    (A) in paragraph (2)--
                            (i) in subparagraph (B), by striking 
                        ``special watch list'' and inserting ``Tier 2 
                        watch list'';
                            (ii) in subparagraph (C)--
                                    (I) in the subparagraph heading, by 
                                striking ``special watch list'' and 
                                inserting ``Tier 2 watch list''; and
                                    (II) by striking ``special watch 
                                list'' and inserting ``Tier 2 watch 
                                list''; and
                            (iii) in subparagraph (D)--
                                    (I) in the subparagraph heading, by 
                                striking ``special watch list'' and 
                                inserting ``Tier 2 watch list''; and
                                    (II) in clause (i), by striking 
                                ``special watch list'' and inserting 
                                ``Tier 2 watch list'';
                    (B) in paragraph (3)(B), in the matter preceding 
                clause (i), by striking ``clauses (i), (ii), and (iii) 
                of''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (A), in the matter 
                        preceding clause (i), by striking ``each 
                        country described in paragraph (2)(A)(ii)'' and 
                        inserting ``each country described in paragraph 
                        (2)(A)''; and
                            (ii) in subparagraph (D)(ii), by striking 
                        ``the Special Watch List'' and inserting ``the 
                        Tier 2 watch list''.
            (2) Frederick douglass trafficking victims prevention and 
        protection reauthorization act of 2018.--Section 204(b)(1) of 
        the Frederick Douglass Trafficking Victims Prevention and 
        Protection Reauthorization Act of 2018 (Public Law 115-425) is 
        amended by striking ``special watch list'' and inserting ``Tier 
        2 watch list''.
            (3) Bipartisan congressional trade priorities and 
        accountability act of 2015.--Section 106(b)(6)(E)(iii) of the 
        Bipartisan Congressional Trade Priorities and Accountability 
        Act of 2015 (19 U.S.C. 4205(b)(6)(E)(iii) is amended by 
        striking ``under section'' and all that follows and inserting 
        ``under section 110(b)(2)(A) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A))''.

SEC. 105. MODIFICATIONS TO THE PROGRAM TO END MODERN SLAVERY.

    (a) In General.--Section 1298 of the National Defense Authorization 
Act for Fiscal Year 2017 (22 U.S.C. 7114) is amended--
            (1) in subsection (a)(1), by striking ``Not later than 90 
        days after the date of the enactment of this Act'' and 
        inserting ``Not later than 90 days after the date of the 
        enactment of the International Trafficking Victims Protection 
        Reauthorization Act of 2022'';
            (2) in subsection (g)--
                    (A) by striking ``Appropriations'' in the heading 
                and all that follows through ``There is authorized'' 
                and inserting ``Appropriations .--There is 
                authorized''; and
                    (B) by striking paragraph (2); and
            (3) in subsection (h)(1), by striking ``Not later than 
        September 30, 2018, and September 30, 2020'' and inserting 
        ``Not later than September 30, 2022, and September 30, 2026''.
    (b) Eligibility.--To be eligible for funding under the Program to 
End Modern Slavery of the Office to Monitor and Combat Trafficking in 
Persons, a grant recipient shall--
            (1) publish the names of all subgrantee organizations on a 
        publicly available website; or
            (2) if the subgrantee organization expresses a security 
        concern, the grant recipient shall relay such concerns to the 
        Secretary of State, who shall transmit annually the names of 
        all subgrantee organizations in a classified annex to the 
        chairs of the appropriate congressional committees (as defined 
        in section 1298(i) of the National Defense Authorization Act of 
        2017 (22 U.S.C. 7114(i))).
    (c) Award of Funds.--All grants issued under the program referred 
to in subsection (b) shall be--
            (1) awarded on a competitive basis; and
            (2) subject to the regular congressional notification 
        procedures applicable with respect to grants made available 
        under section 1298(b) of the National Defense Authorization Act 
        of 2017 (22 U.S.C. 7114(b)).

SEC. 106. CLARIFICATION OF NONHUMANITARIAN, NONTRADE-RELATED FOREIGN 
              ASSISTANCE.

    (a) Clarification of Scope of Withheld Assistance.--Section 
110(d)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7107(d)(1)) is amended to read as follows:
            ``(1) Withholding of assistance.--The President has 
        determined that--
                    ``(A) the United States will not provide 
                nonhumanitarian, nontrade-related foreign assistance to 
                the central government of the country or funding to 
                facilitate the participation by officials or employees 
                of such central government in educational and cultural 
                exchange programs, for the subsequent fiscal year until 
                such government complies with the minimum standards or 
                makes significant efforts to bring itself into 
                compliance; and
                    ``(B) the President will instruct the United States 
                Executive Director of each multilateral development 
                bank and of the International Monetary Fund to vote 
                against, and to use the Executive Director's best 
                efforts to deny, any loan or other utilization of the 
                funds of the respective institution to that country 
                (other than for humanitarian assistance, for trade-
                related assistance, or for development assistance that 
                directly addresses basic human needs, is not 
                administered by the central government of the 
                sanctioned country, and is not provided for the benefit 
                of that government) for the subsequent fiscal year 
                until such government complies with the minimum 
                standards or makes significant efforts to bring itself 
                into compliance.''.
    (b) Definition of Non-Humanitarian, Nontrade Related Assistance.--
Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102(10)) is amended to read as follows:
            ``(10) Nonhumanitarian, nontrade-related foreign 
        assistance.--
                    ``(A) In general.--The term `nonhumanitarian, 
                nontrade-related foreign assistance' means--
                            ``(i) United States foreign assistance, 
                        other than--
                                    ``(I) with respect to the Foreign 
                                Assistance Act of 1961--
                                            ``(aa) assistance for 
                                        international narcotics and law 
                                        enforcement under chapter 8 of 
                                        part I of such Act (22 U.S.C. 
                                        2291 et seq.);
                                            ``(bb) assistance for 
                                        International Disaster 
                                        Assistance under subsections 
                                        (b) and (c) of section 491 of 
                                        such Act (22 U.S.C. 2292);
                                            ``(cc) antiterrorism 
                                        assistance under chapter 8 of 
                                        part II of such Act (22 U.S.C. 
                                        2349aa et seq.); and
                                            ``(dd) health programs 
                                        under chapters 1 and 10 of part 
                                        I and chapter 4 of part II of 
                                        such Act (22 U.S.C. 2151 et 
                                        seq.);
                                    ``(II) assistance under the Food 
                                for Peace Act (7 U.S.C. 1691 et seq.);
                                    ``(III) assistance under sections 
                                2(a), (b), and (c) of the Migration and 
                                Refugee Assistance Act of 1962 (22 
                                U.S.C. 2601(a), (b), (c)) to meet 
                                refugee and migration needs;
                                    ``(IV) any form of United States 
                                foreign assistance provided through 
                                nongovernmental organizations, 
                                international organizations, or private 
                                sector partners--
                                            ``(aa) to combat human and 
                                        wildlife trafficking;
                                            ``(bb) to promote food 
                                        security;
                                            ``(cc) to respond to 
                                        emergencies;
                                            ``(dd) to provide 
                                        humanitarian assistance;
                                            ``(ee) to address basic 
                                        human needs, including for 
                                        education;
                                            ``(ff) to advance global 
                                        health security; or
                                            ``(gg) to promote trade; 
                                        and
                                    ``(V) any other form of United 
                                States foreign assistance that the 
                                President determines, by not later than 
                                October 1 of each fiscal year, is 
                                necessary to advance the security, 
                                economic, humanitarian, or global 
                                health interests of the United States 
                                without compromising the steadfast U.S. 
                                commitment to combatting human 
                                trafficking globally; or
                            ``(ii) sales, or financing on any terms, 
                        under the Arms Export Control Act (22 U.S.C. 
                        2751 et seq.), other than sales or financing 
                        provided for narcotics-related purposes 
                        following notification in accordance with the 
                        prior notification procedures applicable to 
                        reprogrammings pursuant to section 634A of the 
                        Foreign Assistance Act of 1961 (22 U.S.C. 2394-
                        1).
                    ``(B) Exclusions.--The term `nonhumanitarian, 
                nontrade-related foreign assistance' shall not include 
                payments to or the participation of government entities 
                necessary or incidental to the implementation of a 
                program that is otherwise consistent with section 
                110.''.

SEC. 107. EXPANDING PROTECTIONS FOR DOMESTIC WORKERS OF OFFICIAL AND 
              DIPLOMATIC VISA HOLDERS.

    Section 203(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(b)) is amended 
by inserting after paragraph (4) the following:
            ``(5) National expansion of in-person registration 
        program.--The Secretary shall administer the Domestic Worker 
        In-Person Registration Program for employees with A-3 visas or 
        G-5 visas employed by accredited foreign mission members or 
        international organization employees and shall expand this 
        program nationally, which shall include--
                    ``(A) after the arrival of each such employee in 
                the United States, and annually during the course of 
                such employee's employment, a description of the rights 
                of such employee under applicable Federal and State 
                law; and
                    ``(B) provision of a copy of the pamphlet developed 
                pursuant to section 202 to the employee with an A-3 
                visa or a G-5 visa; and
                    ``(C) information on how to contact the National 
                Human Trafficking Hotline.
            ``(6) Monitoring and training of a-3 and g-5 visa employers 
        accredited to foreign missions and international 
        organizations.--The Secretary shall--
                    ``(A) inform embassies, international 
                organizations, and foreign missions of the rights of A-
                3 and G-5 domestic workers under the applicable labor 
                laws of the United States, including the fair labor 
                standards described in the pamphlet developed pursuant 
                to section 202. Information provided to foreign 
                missions, embassies, and international organizations 
                should include material on labor standards and labor 
                rights of domestic worker employees who hold A-3 and G-
                5 visas;
                    ``(B) inform embassies, international 
                organizations, and foreign missions of the potential 
                consequences to individuals holding a nonimmigrant visa 
                issued pursuant to subparagraph (A)(i), (A)(ii), 
                (G)(i), (G)(ii), or (G)(iii) of section 101(a)(15) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)) who violate the laws described in 
                subclause (I)(aa), including (at the discretion of the 
                Secretary)--
                            ``(i) the suspension of A-3 visas and G-5 
                        visas;
                            ``(ii) request for waiver of immunity;
                            ``(iii) criminal prosecution;
                            ``(iv) civil damages; and
                            ``(v) permanent revocation of or refusal to 
                        renew the visa of the accredited foreign 
                        mission or international organization employee; 
                        and
                    ``(C) require all accredited foreign mission and 
                international organization employers of individuals 
                holding A-3 visas or G-5 visas to report the wages paid 
                to such employees on an annual basis.''.

SEC. 108. EFFECTIVE DATES.

    Sections 104(b) and 106 and the amendments made by those sections 
take effect on the date that is the first day of the first full 
reporting period for the report required by section 110(b)(1) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) after 
the date of the enactment of this Act.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF TRAFFICKING 
              AND VIOLENCE PROTECTION ACT OF 2000.

    Section 113 of the Victims of Trafficking and Violence Protection 
Act of 2000 (22 U.S.C. 7110) is amended--
            (1) in subsection (a), by striking ``2018 through 2021, 
        $13,822,000'' and inserting ``2023 through 2026, $17,000,000''; 
        and
            (2) in subsection (c)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``2018 through 2021, $65,000,000'' and 
                inserting ``2023 through 2026, $102,500,000, of which 
                $22,000,000 shall be made available each fiscal year to 
                the United States Agency for International Development 
                and the remainder of'';
                    (B) in subparagraph (C), by striking ``; and'' at 
                the end and inserting a semicolon;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(E) to fund programs to end modern slavery, in an 
                amount not to exceed $37,500,000 for each of the fiscal 
                years 2023 through 2026.''.

SEC. 202. EXTENSION OF AUTHORIZATIONS UNDER THE INTERNATIONAL MEGAN'S 
              LAW.

    Section 11 of the International Megan's Law to Prevent Child 
Exploitation and Other Sexual Crimes Through Advanced Notification of 
Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking ``2018 
through 2021'' and inserting ``2023 through 2026''.

                          TITLE III--BRIEFINGS

SEC. 301. BRIEFING ON ANNUAL TRAFFICKING IN PERSON'S REPORT.

    Not later than 30 days after the public designation of country tier 
rankings and subsequent publishing of the Trafficking in Persons 
Report, the Secretary of State shall brief the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives on--
            (1) countries that were downgraded or upgraded in the most 
        recent Trafficking in Persons Report; and
            (2) the efforts made by the United States to improve 
        counter-trafficking efforts in those countries, including 
        foreign government efforts to better meet minimum standards to 
        eliminate human trafficking.

SEC. 302. BRIEFING ON USE AND JUSTIFICATION OF WAIVERS.

    Not later than 30 days after the President has determined to issue 
a waiver under section 110(d)(5) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7107(d)(5)), the Secretary of State shall brief 
the Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives on--
     (a) each country that received a waiver;
    (b) the justification for each such waiver; and
    (c) a description of the efforts made by each country to meet the 
minimum standards to eliminate human trafficking.

            Passed the Senate December 1, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 4171

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