An act to amend the Trafficking Victims Protection Act of 2000 to modify the criteria for determining whether countries are meeting the minimum standards for the elimination of human trafficking, and for other purposes
PL 115-427 (S.1862), enacted 01/09/2019

132 STAT. 5503 
PUBLIC LAW 115–427—JAN. 9, 2019 
Public Law 115–427 
115th Congress 
An Act 
To amend the Trafficking Victims Protection Act of 2000 to modify the criteria 
for determining whether countries are meeting the minimum standards for the 
elimination of human trafficking, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trafficking Victims Protection 
Reauthorization Act of 2017’’. 
SEC. 2. DEFINITIONS. 
Section 103 of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7102) is amended— 
(1) by redesignating paragraphs (5) through (15) as para-
graphs (7) through (17), respectively; and 
(2) by inserting after paragraph (4) the following: 
‘‘(5) CONCRETE ACTIONS.—The term ‘concrete actions’ means 
actions that demonstrate increased efforts by the government 
of a country to meet the minimum standards for the elimination 
of trafficking, including any of the following: 
‘‘(A) Enforcement actions taken. 
‘‘(B) Investigations actively underway. 
‘‘(C) Prosecutions conducted. 
‘‘(D) Convictions attained. 
‘‘(E) Training provided. 
‘‘(F) Programs and partnerships actively underway. 
‘‘(G) Efforts to prevent severe forms of trafficking, 
including programs to reduce the vulnerability of particu-
larly vulnerable populations, involving survivors of traf-
ficking in community engagement and policy making, 
engagement with foreign migrants, ending recruitment 
fees, and other such measures. 
‘‘(H) Victim services offered, including immigration 
services and restitution. 
‘‘(I) The amount of money the government has com-
mitted to the actions described in subparagraphs (A) 
through (H). 
‘‘(6) CREDIBLE INFORMATION.—The term ‘credible informa-
tion’ includes all of the following: 
‘‘(A) Reports by the Department of State. 
‘‘(B) Reports of other Federal agencies, including the 
Department of Labor’s List of Goods Produced by Child 
Labor or Forced Labor and List of Products Produced by 
Forced Labor or Indentured Child Labor. 
Trafficking 
Victims 
Protection 
Reauthorization 
Act of 2017. 
22 USC 7101 
note. 
Jan. 9, 2019 
[S. 1862] 
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132 STAT. 5504 
PUBLIC LAW 115–427—JAN. 9, 2019 
‘‘(C) Documentation provided by a foreign country, 
including— 
‘‘(i) copies of relevant laws, regulations, and poli-
cies adopted or modified; and 
‘‘(ii) an official record of enforcement actions taken, 
judicial proceedings, training conducted, consultations 
conducted, programs and partnerships launched, and 
services provided. 
‘‘(D) Materials developed by civil society organizations. 
‘‘(E) Information from survivors of human trafficking, 
vulnerable persons, and whistleblowers. 
‘‘(F) All relevant media and academic reports that, 
in light of reason and common sense, are worthy of belief. 
‘‘(G) Information developed by multilateral institutions. 
‘‘(H) An assessment of the impact of the actions 
described in subparagraphs (A) through (I) of paragraph 
(5) on the prevalence of human trafficking in the country.’’. 
SEC. 3. SENSE OF CONGRESS. 
(a) PRIVATE SECTOR SUPPORT TO STRENGTHEN LAW ENFORCE-
MENT AGENCIES AND THE ROLE OF PRIVATE BUSINESSES IN PRE-
VENTING AND COMBATING CHILD SEX TRAFFICKING.—It is the sense 
of Congress that— 
(1) the President should work with the private sector to 
explore, develop, and use technology that strengthens Federal 
law enforcement capabilities to combat traffickers and criminal 
networks; and 
(2) private businesses, both domestic and international, 
should take every reasonable step to prevent and combat child 
sex trafficking. 
(b) EFFORTS
TO END MODERN SLAVERY.—It is the sense of 
Congress that any future authorization of appropriations to carry 
out the grant program authorized under section 1298 of the Defense 
Authorization Act for Fiscal Year 2017 (22 U.S.C. 7114) should 
simultaneously extend the accountability provisions under sub-
sections (c), (d), and (e) of such section. 
SEC. 4. PROHIBITION ON PLACEMENT OR RECRUITMENT FEES. 
Section 106(g) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7104(g)) is amended— 
(1) by redesignating clauses (i) through (iv) as paragraphs 
(1) through (4), respectively, and moving such paragraphs 4 
ems to the left; and 
(2) in paragraph (4), as redesignated— 
(A) by redesignating subclauses (I) through (V) as sub-
paragraphs (A) through (E), respectively, and moving such 
subparagraphs 4 ems to the left; 
(B) in subparagraph (B), as redesignated, by redesig-
nating items (aa) and (bb) as clauses (i) and (ii), respec-
tively, and moving such clauses 4 ems to the left; and 
(C) in subparagraph (D), as redesignated, by striking 
‘‘unreasonable placement or recruitment fees’’ and all that 
follows through the period at the end and inserting ‘‘place-
ment or recruitment fees.’’. 
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132 STAT. 5505 
PUBLIC LAW 115–427—JAN. 9, 2019 
SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAF-
FICKING. 
Section 108(b)(7) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7106(b)(7)) is amended by inserting ‘‘or enable’’ 
after ‘‘condone’’. 
SEC. 6. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
STANDARDS. 
Section 110(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7107) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘The report should’’ and inserting ‘‘The 
report shall, to the extent concurrent reporting data is 
available, cover efforts and activities taking place during 
the period between April 1 of the year preceding the report 
and March 31 of the year in which the report is made, 
and should’’; 
(B) in subparagraph (A), by inserting ‘‘based only on 
concrete actions taken by the country that are recorded 
during the reporting period’’ after ‘‘such standards’’; 
(C) in subparagraph (B) by inserting ‘‘based only on 
concrete actions taken by the country (excluding any 
commitments by the country to take additional future steps 
during the next year) that are recorded during the reporting 
period’’ after ‘‘compliance’’; 
(D) in subparagraph (F), by striking ‘‘and’’ at the end; 
(E) in subparagraph (G), by striking the period at 
the end and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(H) for each country included in a different list than 
the country had been placed in the previous annual report, 
a detailed explanation of how the concrete actions (or lack 
of such actions) undertaken (or not undertaken) by the 
country during the previous reporting period contributed 
to such change, including a clear linkage between such 
actions and the minimum standards enumerated in section 
108.’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)(iii)— 
(i) in subclause (I), by adding ‘‘or’’ at the end; 
(ii) in subclause (II), by striking ‘‘; or’’ and inserting 
a period; and 
(iii) by striking subclause (III); 
(B) in subparagraph (B), by striking ‘‘the last annual 
report’’ and inserting ‘‘April 1 of the previous year’’; 
(C) in subparagraph (D)(ii), by striking ‘‘2 years’’ and 
inserting ‘‘1 year’’; and 
(D) in subparagraph (E)— 
(i) in the subparagraph heading, by striking 
‘‘PUBLIC’’ and inserting ‘‘CONGRESSIONAL’’; and 
(ii) by striking ‘‘shall provide’’ and all that follows 
and inserting the following: ‘‘shall— 
‘‘(i) provide a detailed description of the credible 
information supporting such determination on a pub-
licly available website maintained by the Department 
of State; and 
Time period. 
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132 STAT. 5506 
PUBLIC LAW 115–427—JAN. 9, 2019 
‘‘(ii) offer to brief the Committee on Foreign Rela-
tions of the Senate and the Committee on Foreign 
Affairs of the House of Representatives on any written 
plan submitted by the country under subparagraph 
(D)(ii)(I), with an opportunity to review the written 
plan.’’; 
(3) in paragraph (3)— 
(A) in subparagraph (B), by striking ‘‘and’’ at the end; 
(B) in subparagraph (C), by striking the semicolon 
at the end and inserting a period; and 
(C) by adding at the end the following: 
‘‘(D) the extent to which the government of the country 
is devoting sufficient budgetary resources— 
‘‘(i) to investigate and prosecute acts of severe 
trafficking in persons; 
‘‘(ii) to convict and sentence persons responsible 
for such acts; and 
‘‘(iii) to obtain restitution for victims of human 
trafficking; 
‘‘(E) the extent to which the government of the country 
is devoting sufficient budgetary resources— 
‘‘(i) to protect and support victims of trafficking 
in persons; and 
‘‘(ii) to prevent severe forms of trafficking in per-
sons; and 
‘‘(F) the extent to which the government of the country 
has consulted with domestic and international civil society 
organizations that resulted in concrete actions to improve 
the provision of services to victims of trafficking in per-
sons.’’; and 
(4) by adding at the end the following: 
‘‘(4) ACTION PLANS FOR COUNTRIES UPGRADED TO TIER 2 
WATCHLIST.— 
‘‘(A) IN GENERAL.—Not later than 180 days after the 
release of the annual Trafficking in Persons Report, the 
Secretary of State, acting through the Ambassador-at-Large 
of the Office to Monitor and Combat Trafficking and the 
Assistant Secretary of the appropriate regional bureau, 
in consultation with appropriate officials from the govern-
ment of each country described in paragraph (2)(A)(ii), 
and with the assistance of the United States Ambassador 
or Charge d’Affaires in each country, shall— 
‘‘(i) prepare an action plan for each country 
upgraded from Tier 3 to Tier 2 Watchlist to further 
improve such country’s tier ranking under this sub-
section; and 
‘‘(ii) present the relevant action plan to the govern-
ment of each such country. 
‘‘(B) CONTENTS.—Each action plan prepared under this 
paragraph— 
‘‘(i) shall include specific concrete actions to be 
taken by the country to substantively address defi-
ciencies preventing the country from meeting Tier 2 
standards, based on credible information; and 
‘‘(ii) should be focused on short-term and multi- 
year goals. 
Deadline. 
Consultation. 
Briefing. 
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132 STAT. 5507 
PUBLIC LAW 115–427—JAN. 9, 2019 
‘‘(C) BRIEFINGS.—The Ambassador-at-Large of the 
Office to Monitor and Combat Trafficking and all appro-
priate regional Assistant Secretaries shall make themselves 
available to brief the Committee on Foreign Relations of 
the Senate, the Committee on Appropriations of the Senate, 
the Committee on Foreign Affairs of the House of Rep-
resentatives, and the Committee on Appropriations of the 
House of Representatives on the implementation of each 
action plan prepared under this paragraph. 
‘‘(D) SAVINGS PROVISION.—Nothing in this paragraph 
may be construed as modifying— 
‘‘(i) minimum standards for the elimination of traf-
ficking under section 108; or 
‘‘(ii) the actions against governments failing to 
meet minimum standards under this section or the 
criteria for placement on the Special Watch List under 
paragraph (2).’’. 
SEC. 7. COMMUNICATION WITH GOVERNMENTS OF COUNTRIES DES-
IGNATED AS TIER 2 WATCH LIST COUNTRIES ON THE TRAF-
FICKING IN PERSONS REPORT. 
(a) IN GENERAL.—Not less than annually, the Secretary of 
State shall provide, to the foreign minister of each country that 
has been downgraded to a ‘‘Tier 2 Watch List’’ country pursuant 
to the Trafficking in Persons report submitted under section 110(b) 
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7107(b))— 
(1) a copy of the annual Trafficking in Persons report; 
and 
(2) information pertinent to that country’s downgrade, 
including— 
(A) confirmation of the country’s designation to the 
Tier 2 Watch List; 
(B) the implications associated with such designation 
and the consequences for the country of a downgrade to 
Tier 3; 
(C) the factors that contributed to the downgrade; and 
(D) the steps that the country must take to be consid-
ered for an upgrade in status of designation. 
(b) SENSE OF CONGRESS REGARDING COMMUNICATIONS.—It is 
the sense of Congress that, given the gravity of a Tier 2 Watch 
List designation, the Secretary of State should communicate the 
information described in subsection (a) to the foreign minister of 
any country downgraded to the Tier 2 Watch List. 
SEC. 8. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-TRAF-
FICKING INTERVENTIONS IN MULTILATERAL DEVELOPMENT 
BANKS. 
(a) REQUIREMENTS.—The Secretary of the Treasury, in consulta-
tion with the Secretary of State, acting through the Ambassador 
at Large for Monitoring and Combating Trafficking in Persons, 
shall instruct the United States Executive Director of each multilat-
eral development bank to initiate discussions with the other execu-
tive directors and management of the respective multilateral 
development bank to— 
(1) further develop anti-human trafficking provisions in 
relevant project development, safeguards, procurement, and 
evaluation policies; 
Consultation. 
22 USC 262d 
note. 
22 USC 7107 
note. 
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132 STAT. 5508 
PUBLIC LAW 115–427—JAN. 9, 2019 
LEGISLATIVE HISTORY—S. 1862: 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Dec. 17, considered and passed Senate. 
Dec. 21, considered and passed House. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019): 
Jan. 9, Presidential remarks and statement. 
(2) employing a risk-based approach, require human traf-
ficking risk assessments and integration plans as a routine 
part of developing projects through existing, forthcoming or 
new mechanisms and processes; 
(3) support analyses of the impact of severe forms of traf-
ficking in persons on key indicators of economic and social 
development and of the benefits of reducing human trafficking 
on economic and social development; 
(4) support the proactive integration of effective anti-traf-
ficking interventions into projects with the objectives of 
enhancing development outcomes and reducing the incidence 
of severe forms of trafficking in project areas; 
(5) increase the capacity of multilateral development banks 
and of recipient governments to conduct human trafficking 
risk assessments and integrate anti-trafficking interventions 
into projects; 
(6) support the development of meaningful risk mitigation 
and reduction policies, regulations, and strategies within the 
multilateral development banks to reduce the incidence and 
prevalence of severe forms of trafficking in persons and enhance 
development outcomes that may be improved by reducing the 
incidence and prevalence of human trafficking; and 
(7) support the inclusion of human trafficking risk analysis 
in the development of relevant country strategies by each multi-
lateral development bank. 
(b) BRIEFINGS.—The Secretary of the Treasury shall make rel-
evant officials available to brief the Committee on Foreign Relations 
of the Senate, the Committee on Appropriations of the Senate, 
the Committee on Financial Services of the House of Representa-
tives, and the Committee on Appropriations of the House of Rep-
resentatives on the implementation of this section. 
Approved January 9, 2019. 
Analysis. 
Policies. 
Regulations. 
Strategies. 
Assessments. 
Analyses. 
Assessments. 
Plans. 
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