International Trafficking Victims Protection Reauthorization Act of 2024

Bill: 118-s-920
Sponsor: full_name: Sen. Menendez, Robert [D-NJ]
Introduced: 2023-03-22
Policy area: Crime and Law Enforcement
Subjects: Congressional committees

Cultural exchanges and relations

Foreign labor

Foreign loans and debt

Government information and archives

Government studies and investigations

Human trafficking

International exchange and broadcasting

International monetary system and foreign exchange

International organizations and cooperation

Multilateral development programs

Smuggling and trafficking

Visas and passports
Latest action: action_date: 2024-12-16
text: Held at the desk.

Summaries:
action_date: 2023-03-22
action_desc: Introduced in Senate
text: <p><b>International Trafficking Victims Protection Reauthorization Act of 2023</b></p> <p>This bill reauthorizes various international antitrafficking activities and foreign assistance programs; requires counter-trafficking strategies, activities, and efforts to be further integrated into projects supported by U.S. foreign assistance; and expands related reporting requirements. </p>

action_date: 2023-06-12
action_desc: Reported to Senate
text: <html><body><p><b>International Trafficking Victims Protection Reauthorization Act of 2023</b></p> <p>This bill reauthorizes various international antitrafficking activities and foreign assistance programs; requires counter-trafficking strategies, activities, and efforts to be further integrated into projects supported by U.S. foreign assistance; and expands related reporting requirements. </p></body></html>

tv_txt: 118th CONGRESS 2d Session S. 920 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.

1. Short title This Act may be cited as the International Trafficking Victims Protection Reauthorization Act of 2024 . 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 trafficking in persons in the United States Subtitle A—Programs to support victims and persons vulnerable to human trafficking Sec. 101. Modifications to grants to assist in the recognition of trafficking. Sec. 102. Human Trafficking Survivors Employment and Education Program. TITLE II—Combating human trafficking abroad Sec. 201. United States support for integration of anti-trafficking in persons interventions in multilateral development banks. Sec. 202. Expanding prevention efforts at the United States Agency for International Development. Sec. 203. Counter-trafficking in persons efforts in development cooperation and assistance policy. Sec. 204. Technical amendments to tier rankings. Sec. 205. Modifications to the program to end modern slavery. Sec. 206. Clarification of nonhumanitarian, nontrade-related foreign assistance. Sec. 207. Expanding protections for domestic workers of official and diplomatic persons. Sec. 208. Trafficking for the purposes of organ harvesting. Sec. 209. Effective dates. TITLE III—Authorization of appropriations Sec. 301. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000. Sec. 302. Extension of authorizations under the International Megan’s Law. TITLE IV—Briefings Sec. 401. Briefing on annual trafficking in person’s report. Sec. 402. Briefing on use and justification of waivers. I Combating trafficking in persons in the United States A Programs to support victims and persons vulnerable to human trafficking 101. Modifications to grants to assist in the recognition of trafficking Section 106(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7104(b)(2) ) is amended— (1) in the paragraph heading, by striking Grants to assist in the recognition of trafficking and inserting Frederick Douglass Human Trafficking Prevention Education Grants ; (2) in subparagraph (B)— (A) in the matter preceding clause (i), by inserting under a program named Frederick Douglass Human Trafficking Prevention Education Grants after may award grants ; and (B) in clause (ii), by inserting , linguistically accessible, and culturally responsive after age-appropriate ; (3) in subparagraph (C), in the subparagraph heading, by inserting for Frederick Douglass Human Trafficking Prevention Education Grants after Program requirements ; (4) by amending subparagraph (D) to read as follows: (D) Priority In awarding Frederick Douglass Human Trafficking Prevention Education Grants under this paragraph, the Secretary shall— (i) give priority to local educational agencies serving a high-intensity child sex trafficking area or an area with significant child labor trafficking; (ii) give additional priority to local educational agencies that partner with nonprofit organizations specializing in human trafficking prevention education, which partner with law enforcement and technology or social media companies, to assist in training efforts to protect children from labor trafficking and sexual exploitation and abuse including grooming, materials depicting the sexual abuse of children, and human trafficking transmitted through technology; and (iii) consult, as appropriate, with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of the Interior, the Secretary of Labor, and the Attorney General, to identify the geographic areas in the United States with the highest prevalence of at-risk populations for child trafficking, including children who are members of a racial or ethnic minority, homeless youth, foster youth, youth involved in the child welfare system, and children and youth who run away from home or an out-of-home placement. ; and (5) by adding at the end the following: (E) Criteria for selection Grantees should be selected based on their demonstrated ability— (i) to engage stakeholders, including survivors of human trafficking, and Federal, State, local, or Tribal partners, to develop the programs; (ii) to train the trainers, guardians, K–12 students, teachers, and other school personnel in a linguistically accessible, culturally responsive, age-appropriate, and trauma-informed fashion; and (iii) to create a scalable, repeatable program to prevent child labor trafficking and sexual exploitation and abuse, including grooming, child sexual abuse materials, and trafficking transmitted through technology that— (I) uses evidence-based (as such term is defined in section 8101(21)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A) )) best practices; and (II) employs appropriate technological tools and methodologies, including linguistically accessible, culturally responsive, age-appropriate, and trauma-informed approaches for trainers, guardians, educators, and K–12 students. (F) Train the trainers For purposes of subparagraph (E), the term train the trainers means having experienced or master trainers coach new trainers who are less experienced with a particular topic or skill, or with training overall, who can then teach the material to others, creating a broader reach, sustainability, and making efforts cost- and time-efficient (commonly referred to as training of trainers ). (G) Data collection The Secretary shall consult with the Secretary of Education, the Secretary of Housing and Urban Development, and the Secretary of the Interior to determine the appropriate demographics of the recipients or of students at risk of being trafficked or exploited, to be collected and reported with respect to grants under this paragraph, which shall include data collection of, at a minimum, students who are economically disadvantaged, members of a racial or ethnic minority, homeless youth, foster youth, youth involved in the child welfare system, and children and youth who run away from home or an out-of-home placement. (H) Report Not later than 540 days after the date of the enactment of the International Trafficking Victims Protection Reauthorization Act of 2024 , and annually thereafter, the Secretary of Health and Human Services shall submit to the Committee on the Judiciary of the Senate , the Committee on Health, Education, Labor, and Pensions of the Senate , the Committee on the Judiciary of the House of Representatives , the Committee on Education and the Workforce of the House of Representatives , and the Committee on Energy and Commerce of the House of Representatives , and make available to the public a report that includes data regarding— (i) the total number of entities that received a Frederick Douglass Human Trafficking Prevention Education Grant during the previous fiscal year; (ii) the total number of partnerships or consultants that included survivors, nonprofit organizations specialized in human trafficking prevention education, law enforcement, and technology or social media companies; (iii) the total number of elementary and secondary schools that established and implemented evidence-based (as such term is defined in section 8101(21)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A) )) best practices through programs developed using such grants; (iv) the total number and geographic distribution of trainers, guardians, students, teachers, and other school personnel trained using such grants pursuant to this paragraph; (v) the results of pre-training and post-training surveys to gauge trainees’ increased understanding of the scope and signs of child trafficking and child sexual exploitation and abuse, how to interact with potential victims and survivors of child trafficking and child sexual exploitation and abuse using age-appropriate and trauma-informed approach, and the manner in which to respond to potential child trafficking and child sexual exploitation and abuse; (vi) the number of potential victims and survivors of child trafficking and child sexual exploitation and abuse identified and served by grantees, excluding any individually identifiable information about such children and acting in full compliance with all applicable privacy laws and regulations; (vii) the number of students in elementary or secondary school identified by grantees as being at risk of being trafficked or sexually exploited and abused, excluding any individually identifiable information about such children.; (viii) the demographic characteristics of child trafficking survivors and victims, sexually exploited and abused children, and students at risk of being trafficked or sexually exploited and abused described in clauses (vi) and (vii), excluding any individually identifiable information about such children; and (ix) any service gaps and best practices identified by grantees. . 102. Human Trafficking Survivors Employment and Education Program (a) In general The Secretary of Health and Human Services may carry out a Human Trafficking Survivors Employment and Education Program to prevent the re-exploitation of eligible individuals who have been victims of trafficking, by assisting such individuals to integrate or reintegrate into society through social services support for the attainment of life-skills, employment, and education necessary to achieve self-sufficiency. (b) Services provided Services offered, provided, and funded by the Program shall include (as relevant to the victim of trafficking)— (1) enrollment and participation in— (A) basic education, including literacy education and English as a second language education; (B) job-related skills training; (C) vocational and certificate programs; and (D) programs for attaining a regular high school diploma or its recognized equivalent; (2) life-skill training programs, including management of personal finances, self-care, and parenting classes; (3) resume creation and review; (4) interview coaching and counseling; (5) assistance with expungement of criminal records when such records are for nonviolent crimes that were committed as a consequence of the eligible individual’s victimization, including assistance with credit repair; (6) assistance with enrollment in college or technical school; (7) scholarship assistance for attending college or technical school; (8) professional coaching or professional development classes; (9) case management to develop an individualized plan with each victim of trafficking, based on each person’s needs and goals; and (10) assistance with obtaining victim compensation, direct victim assistance, or other funds for mental health care. (c) Service period Eligible individuals may receive services through the Program for a cumulative period of 5 years. (d) Cooperative agreements Subject to the availability of appropriations, the Secretary shall enter into cooperative agreements with 1 or more eligible organizations to carry out this section. (e) Definitions In this section: (1) Eligible individual The term eligible individual means a domestic or foreign victim of trafficking who— (A) has attained 18 years of age; and (B) is eligible to receive services under section 107(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b) ). (2) Eligible organization The term eligible organization means a service provider, including a nongovernmental organization, that has experience— (A) using national or local anti-trafficking networks to serve victims of trafficking; (B) qualifying, providing, and coordinating services for victims of trafficking, as described in subsection (b), that is linguistically accessible, culturally responsive, age-appropriate, and trauma-informed; (C) with respect to a service provider for victims of trafficking served by the Program who are not United States citizens, identifying and assisting foreign-born victims of trafficking, including helping them qualify for Continued Presence, T–Visas, and other Federal, State, and local services and funding; and (D) with respect to a service provider for victims of trafficking served by the Program who are United States citizens and legal permanent residents, identifying and assisting victims of trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )), especially youth and underserved populations. (3) Program The term Program means the Human Trafficking Survivors Employment and Education Program established under this section. (4) Secretary The term Secretary means the Secretary of Health and Human Services. II Combating human trafficking abroad 201. 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) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives . 202. Expanding prevention efforts at the United States Agency for International Development (a) In general In order to increase the prevention efforts by the United States abroad, the Administrator of the United States Agency for International Development (USAID) shall— (1) encourage incorporation of activities to counter trafficking in persons (C–TIP) into broader assistance programming; (2) determine a reasonable definition for the term C–TIP Incorporated Development Programs , which shall at a minimum include any programming to address economic development, education, democracy and governance, food security, and humanitarian assistance that the Administrator determines includes a sufficient counter-trafficking in persons element incorporated in the program design or delivery; (3) encourage that any program design or delivery that may directly serve victims of trafficking in persons is age-appropriate, linguistically accessible, culturally responsive, and survivor- and trauma-informed, and provides opportunities for anonymous and voluntary feedback from the beneficiaries receiving such services; (4) encourage that each USAID mission incorporates a counter-trafficking in persons perspective and specific approaches into development programs, project design, and methods for program monitoring and evaluation, when addressing a range of development issues; (5) implement robust training and disseminate tools around the incorporation of a counter-trafficking perspective and awareness in the day-to-day work of development professionals; and (6) encourage subsequent Country Development Cooperation Strategies include a counter-trafficking in persons analytic component to guide future project design and promote the inclusion of counter-trafficking elements in project design, implementation, monitoring, and evaluation required for Tier 2 Watch List and Tier 3 countries (as such terms are defined for purposes of section 110 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107 ), as amended). (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 2028, 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 under 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 September 30, 2028, 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 regarding the implementation of the activities required under subsection (a). (c) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives . 203. 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. . 204. 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) by amending subparagraph (A) to read as follows: (A) Submission of list Not later than the date on which the determinations described in subsections (c) and (d) are submitted to the appropriate congressional committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary determines require special scrutiny during the following year. Such list shall be composed of countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report because— (i) the estimated number of victims of severe forms of trafficking is very significant or is significantly increasing and the country is not taking proportional concrete actions; or (ii) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials. . (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 the special watch list and all that follows through the country— and inserting the Tier 2 watch list described in subparagraph (A) for more than 2 years immediately after the country consecutively— ; (2) in clause (i), in the matter preceding subclause (I), by striking the special watch list described in subparagraph (A)(iii) and inserting the 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) before the period at the end. (c) Conforming amendments Section 110(b) of such Act ( 22 U.S.C. 7107(b) ) is further amended— (1) in paragraph (2), as amended by subsection (a)— (A) in subparagraph (B), by striking special watch list and inserting Tier 2 watch list ; (B) 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 (C) 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 ; (2) in paragraph (3)(B), in the matter preceding clause (i), by striking clauses (i), (ii), and (iii) of ; and (3) in paragraph (4)— (A) 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 (B) in subparagraph (D)(ii), by striking the Special Watch List and inserting the Tier 2 watch list . (d) 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 . (e) 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) ) . 205. 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 (g)(2), by striking 2020 and inserting 2028 ; and (2) in subsection (h)(1), by striking Not later than September 30, 2018, and September 30, 2020 and inserting Not later than September 30, 2024, and September 30, 2028 . (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) ). 206. 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 nonhumanitarian, 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) 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 ); or (ii) 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 United States commitment to combating human trafficking globally. (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. . 207. Expanding protections for domestic workers of official and diplomatic persons 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; (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 and 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. . 208. Trafficking for the purposes of organ harvesting Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) ) is amended— (1) in subparagraph (G), by striking and at the end; (2) in subparagraph (H), by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (H) the following: (I) information about the trafficking in persons for the purpose of organ removal, including cases and steps governments are undertaking to prevent, identify, and eliminate such trafficking. . 209. Effective dates Sections 204(b) and 206, 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 under 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. III Authorization of appropriations 301. 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 2024 through 2028, $17,000,000 ; (2) in subsection (b)(1), by striking $19,500,000 and all that follows through National Human Trafficking Hotline and inserting $25,000,000 for each of the fiscal years 2024 through 2028, of which $5,000,000 is authorized to be appropriated in each fiscal year for the National Human Trafficking Hotline and for cybersecurity and public education campaigns, in consultation with the Secretary of Homeland Security, for identifying and responding as needed to cases of human trafficking. ; (3) in subsection (c)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking 2018 through 2021, $65,000,000 and inserting 2024 through 2028, $102,500,000 ; (B) by adding at the end the following: (3) Programs to end modern slavery Of the amounts authorized by paragraph (1) to be appropriated for a fiscal year, not more than $37,500,000 may be made available to fund programs to end modern slavery. (4) Programs at the USAID Of the amount authorized to be appropriated by paragraph (1), $22,000,000 is authorized to be made available each fiscal year to the United States Agency for International Development, of which $2,000,000 is authorized to be allocated for countering trafficking in persons in Mexico, Guatemala, Honduras, Panama, and El Salvador. ; and (4) in subsection (d)(1), by striking 2018 through 2021 and inserting 2024 through 2028, of which $35,000,000 is authorized to be appropriated for each fiscal year for the Office of Victims of Crime Housing Assistance Grants for Victims of Human Trafficking . 302. 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 2024 through 2028 . IV Briefings 401. 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. 402. 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— (1) each country that received a waiver; (2) the justification for each such waiver; and (3) a description of the efforts made by each country to meet the minimum standards to eliminate human trafficking.

Passed the Senate December 12, 2024. Secretary

tv_txt: II Calendar No. 91 118th CONGRESS 1st Session S. 920 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Menendez (for himself, Mr. Risch , Mr. Kaine , Mr. Rubio , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations June 12, 2023 Reported by Mr. Menendez , without amendment A BILL To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.

1. Short title This Act may be cited as the International Trafficking Victims Protection Reauthorization Act of 2023 . 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. I Combating human trafficking abroad 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. 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 2027, 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 2027, 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. 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. . 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) ) . 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 2023 ; (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, 2023, and September 30, 2027 . (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) ). 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. . 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; (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. . 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. II Authorization of appropriations 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 2024 through 2027, $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 2024 through 2027, $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 2024 through 2027. . 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 2024 through 2027 . III Briefings 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. 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.

June 12, 2023 Reported without amendment

tv_txt: II 118th CONGRESS 1st Session S. 920 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Menendez (for himself, Mr. Risch , Mr. Kaine , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.

1. Short title This Act may be cited as the International Trafficking Victims Protection Reauthorization Act of 2023 . 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. I Combating human trafficking abroad 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. 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 2027, 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 2027, 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. 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. . 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) ) . 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 2023 ; (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, 2023, and September 30, 2027 . (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) ). 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. . 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; (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. . 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. II Authorization of appropriations 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 2024 through 2027, $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 2024 through 2027, $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 2024 through 2027. . 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 2024 through 2027 . III Briefings 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. 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.