H.R. 2200 — what changed
Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018
From Introduced in House to Engrossed in House.
15 sections amended, 13 added, and 15 removed between Introduced in House and Engrossed in House.
Sec. 101
Grants to assist in the recognition of trafficking
added
(a)
added
Grants To assist in recognition of trafficking— Section 106(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(b)) is amended—
(1)
added
by striking “The President” and inserting the following:
added
“(1) In general—The President”
(2)
added
by adding at the end the following:
added
“(2) Grants to assist in the recognition of trafficking
added
“(A) In general—The Secretary of Health and Human Services may award grants to local educational agencies, in partnership with a nonprofit, nongovernmental agency, to establish, expand, and support programs—
added
“(i) to educate school staff to recognize and respond to signs of labor trafficking and sex trafficking; and
added
“(ii) to provide age-appropriate information to students on how to avoid becoming victims of labor trafficking and sex trafficking.
added
“(B) Program requirements—Amounts awarded under this paragraph shall be used for—
added
“(i) education on—
added
“(I) how to avoid becoming victims of labor trafficking and sex trafficking;
added
“(II) indicators that an individual is a victim or potential victim of labor trafficking or sex trafficking;
added
“(III) options and procedures for referring such an individual, as appropriate, to information on such trafficking and services available for victims of such trafficking;
added
“(IV) reporting requirements and procedures in accordance with applicable Federal and State law; and
added
“(V) how to carry out activities authorized under subparagraph (A)(ii); and
added
“(ii) a plan, developed and implemented in consultation with local law enforcement agencies, to ensure the safety of school staff and students reporting such trafficking.
added
“(C) Priority—In awarding grants under this paragraph, the Secretary shall give priority to local educational agencies serving a high-intensity child sex trafficking area.
added
“(D) Definitions—In this paragraph:
added
“(i) ESEA terms—The terms “elementary school”, “local educational agency”, “other staff”, and “secondary school” have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
added
“(ii) High-intensity child sex trafficking area—The term “high-intensity child sex trafficking area” means a metropolitan area designated by the Director of the Federal Bureau of Investigation as a high-intensity child prostitution area.
added
“(iii) Labor trafficking—The term “labor trafficking” means conduct described in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)).
added
“(iv) School staff—The term “school staff” means teachers, nurses, school leaders and administrators, and other staff at elementary schools and secondary schools.
added
“(v) Sex trafficking—The term “sex trafficking” means the conduct described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(A)).”
(b)
added
Inclusion in authorization of appropriations— Section 113(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(b)(1)) is amended by striking “section 107(b)” and inserting “sections 106(b) and 107(b)”.
Sec. 102
Preventing future trafficking in the United States through receipt of complaints abroad
added
(a)
added
In general— The Secretary of State shall ensure that each diplomatic or consular post or other mission designates an employee to be responsible for receiving information from any person who was a victim of a severe form of trafficking in persons (as such term is defined in section 103(14) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(14))) while present in the United States, or any person who has information regarding such a victim.
(b)
added
Provision of information— Any information received pursuant to subsection (a) shall be transmitted to the Department of Justice, the Department of Labor, the Department of Homeland Security, and to any other relevant Federal agency for appropriate response. The Attorney General, the Secretary of Labor, and the head of any other such relevant Federal agency shall establish a process to address any actions to be taken in response to such information.
(c)
added
Assistance from foreign governments— The employee designated for receiving information pursuant to subsection (a) should coordinate with foreign governments or civil society organizations in the countries of origin of victims of severe forms of trafficking in persons, with the permission of and without compromising the safety of such victims, to ensure that such victims receive any additional support available.
Sec. 103
Modification to grants for victims services
added
added
Section 107(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(A)) is amended by striking “programs for” and all that follows and inserting the following:
added
“(i) between the ages of 12 and 24 and who are homeless, in foster care, or involved in the criminal justice system;
added
“(ii) transitioning out of the foster care system; or
added
“(iii) women or girls in underserved populations.”
Sec. 111
Required training to prevent human trafficking for certain contracting air carriers
(a)
added
In general— Section 40118 of title 49, United States Code, is amended by adding at the end the following:
added
“(g) Training requirements—The Administrator of General Services shall ensure that any contract entered into for provision of air transportation with a domestic carrier under this section requires that the contracting air carrier provides to the Administrator of General Services, the Secretary of Transportation, the Administrator of the Transportation Security Administration, and the Commissioner of U.S. Customs and Border Protection an annual report regarding—
added
“(1) the number of personnel trained in the detection and reporting of potential human trafficking (as described in paragraphs (9) and (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)), including the training required under section 44734(a)(4);
added
“(2) the number of notifications of potential human trafficking victims received from staff or other passengers; and
added
“(3) whether the air carrier notified the National Human Trafficking Hotline or law enforcement at the relevant airport of the potential human trafficking victim for each such notification of potential human trafficking, and if so, when the notification was made.”
removed
Paragraph (5) of section 4108 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7118) is amended—
(b)
changed
Applicability— in subparagraph (H), The amendment made by striking “or” at subsection (a) shall apply to any contract entered into after the end;date of enactment of this Act.
(c)
changed
Exception— in subparagraph (I), The amendment made by striking the period at subsection (a) shall not apply to any contract entered into by the end and inserting “; or”; andSecretary of Defense.
(3)
removed
by adding at the end the following new subparagraph:
removed
“(J) educating children on the signs and dangers of severe forms of trafficking in persons (as such term is defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))).”
Sec. 112
Priority for use of funds for lodging expenses at accommodations lacking certain policies relating to child sexual exploitation
(a)
changed
In general— The Secretary of State shall ensure that each diplomatic or consular post or other mission designates an employee to be responsible for receiving information from any person who was a victim Subchapter I of a severe form chapter 57 of trafficking in persons (as such term title 5, United States Code, is defined in section 103(14) of amended by adding at the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(14))) while present in end the United States, or any person who has information regarding such a victim.following:
added
“5713. Priority for use of funds for lodging expenses at accommodations lacking certain policies relating to child sexual exploitation.
added
“(a) In general—For the purpose of making payments under this chapter for lodging expenses each agency shall ensure that, to the extent practicable and within the United States, any commercial-lodging room nights for employees of that agency are booked in a preferred place of accommodation.
added
“(b) Preferred place of accommodation defined—In this section, “preferred place of accommodation” means a commercial place of accommodation that—
added
“(1) has a zero-tolerance policy in place regarding the sexual exploitation of children (as described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(A))) within the accommodation;
added
“(2) has procedures in place to identify and report any such exploitation to the appropriate authorities;
added
“(3) makes training materials available to all employees to prevent such exploitation;
added
“(4) has trained all employees annually on the identification of possible cases of such exploitation and procedures to report suspected abuse to the appropriate authorities;
added
“(5) protects employees who report suspected cases of such exploitation according to the protocol identified in training; and
added
“(6) keeps records of the number of suspected cases of such exploitation, including the reasons for suspicion, title of employee who reported the suspicion, and where the report was made.
added
“(c) Regulations required—The Administrator of General Services shall—
added
“(1) maintain a list of each preferred place of accommodation; and
added
“(2) issue such regulations as are necessary to carry out this section.”
(b)
changed
Provision of information—Conforming amendment— Any information received pursuant to subsection (a) shall be transmitted to the Department The table of Justice, the Department sections for subchapter I of Labor, the Department chapter 57 of Homeland Security, and to any other relevant Federal agency for appropriate response. The Attorney General, title 5, United States Code, is amended by adding at the Secretary of Labor, and end the head of any other such relevant Federal agency shall establish a process to address any actions to be taken in response to such information.following new item:
(c)
removed
Assistance from foreign governments— The employee designated for receiving information pursuant to subsection (a) should coordinate with foreign governments or civil society organizations in the countries of origin of victims of severe forms of trafficking in persons, with the permission of and without compromising the safety of such victims, to ensure that such victims receive any additional support available.
Sec. 113
Ensuring United States procurement does not fund human trafficking
added
Section 106 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is amended by adding at the end the following new subsection:
added
“(k) Agency action To prevent funding of human trafficking
added
“(1) In general—The Secretary of State, Secretary of Labor, Administrator of the United States Agency for International Development, and Director of the Office of Management and Budget shall each submit to the Administrator of General Services (who shall submit the reports to the appropriate congressional committees), at the end of each fiscal year, a report that includes each of the following:
added
“(A) The name and contact information of the individual within the agency’s office of legal counsel or office of acquisition policy who is responsible for overseeing the implementation of subsection (g) of this section, title XVII of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104a et seq.), and any related regulation in the Federal Acquisition Regulation (including the Federal Acquisition Regulation; Ending Trafficking in Persons (48 CFR Parts 1, 2, 9, 12, 22, 42, and 52)).
added
“(B) Agency action to ensure contractors are educated on the applicable laws and regulations listed in subparagraph (A).
added
“(C) Agency action to ensure the acquisition workforce and agency officials understand implementation of the laws and regulations listed in subparagraph (A), including best practices for—
added
“(i) ensuring compliance with such laws and regulations;
added
“(ii) assessing the serious, repeated, willful, or pervasive nature of any violation of such laws or regulations; and
added
“(iii) evaluating steps contractors have taken to correct any such violation.
added
“(D) The number of contracts containing language referring to the laws and regulations listed in subparagraph (A) and the number of contracts that did not contain any language referring to the laws and regulations listed in subparagraph (A).
added
“(E) The number of allegations of severe forms of trafficking in persons received and the source type of the allegation (contractor, subcontractor, employee of contractor or subcontractor, or an individual outside of the contract).
added
“(F) The number of such allegations investigated by the agency, a summary of any findings of such investigation, and any improvements recommended by the agency to prevent such conduct from recurring.
added
“(G) The number of such allegations referred to the Attorney General for prosecution under section 3271 of title 18, United States Code, and the outcomes of such referrals.
added
“(H) Any remedial action taken as a result of such investigation, including whether—
added
“(i) a contractor or subcontractor (at any tier) was debarred or suspended due to a violation of a law or regulation relating to severe forms of trafficking in persons; or
added
“(ii) a contract was terminated pursuant to subsection (g) as a result of such violation.
added
“(I) Any other assistance offered to agency contractors to ensure compliance with a law or regulation relating to severe forms of trafficking in persons.
added
“(J) Any interagency meetings or data sharing regarding suspended or disbarred contractors or subcontractors (at any tier) for severe forms of trafficking in persons.
added
“(K) Any contract with a contractor or subcontractor (at any tier) located outside the United States and the country location for each such contractor or subcontractor.
added
“(2) Appropriate congressional committees—In this subsection, the term appropriate congressional committees means—
added
“(A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Education and the Workforce, the Committee on the Judiciary, and the Committee on Oversight and Government Reform of the House of Representatives; and
added
“(B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on the Judiciary, and the Committee on Health, Education, Labor, and Pensions of the Senate.”
(a)
removed
Establishment— For the purpose described in subsection (b), the Secretary of Health and Human Services may carry out a Human Trafficking Victims Reintegration Through Employment Program.
(b)
removed
Purpose— The purpose of the Program shall be to prevent the re-exploitation of eligible individuals who have been removed from trafficking situations, by assisting such individuals to integrate or reintegrate into society through the attainment of employment skills necessary to achieve self-sufficiency.
(c)
removed
Services provided—
(1)
removed
In general— Services provided and funded by the Program shall include—
(A)
removed
enrollment and participation in—
(i)
removed
basic education, including literacy education and English as a second language education;
(ii)
removed
job-related skills training;
(iii)
removed
vocational and certificate programs; and
(iv)
removed
programs for attaining a regular high school diploma or its recognized equivalent;
(B)
removed
life-skill training programs, including management of personal finances, self-care, and parenting classes;
(C)
removed
résumé creation and review;
(D)
removed
interview coaching and counseling;
(E)
removed
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;
(F)
removed
assistance with enrollment in college or technical school; and
(G)
removed
other programs and services that help eligible individuals to achieve self-sufficiency.
(2)
removed
Service period— Eligible individuals may receive services through the Program for a period of not more than three years.
(d)
removed
Cooperative agreements— Subject to the availability of appropriations, the Secretary of Health and Human Services shall enter into cooperative agreements with one or more eligible organizations to carry out this section.
(e)
removed
Definitions— In this section:
(1)
removed
The term eligible individual means a domestic or foreign victim of human trafficking who is eligible to receive services under section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105), as amended by section 115 of this Act.
(2)
removed
The “eligible organization” means a service provider meeting the following:
(A)
removed
With respect to a service provider for trafficking victims served by the Program who are not United States citizens, the provider has—
(i)
removed
expertise in serving foreign-born victims of human trafficking;
(ii)
removed
a national presence with local reach and strong local connections; and
(iii)
removed
experience in utilizing national networks to serve victims and collecting data from local programs.
(B)
removed
With respect to a service provider for trafficking victims served by the Program who are United States citizens, the provider has experience working with trafficking victims who are United States citizens, including those who have been identified as the victims of commercial sexual exploitation as children.
(3)
removed
The term Program means the Human Trafficking Victims Stabilization and Reintegration Through Employment Program under this section.
(4)
removed
The term Secretary means the Secretary of Health and Human Services.
(f)
removed
Allocation of funds— In allocating amounts made available for cooperative agreements under this section between victims of human trafficking who are United States citizens and those who are not, the Secretary shall take into account the eligibility of victims for other Federal, State, and local services and funding.
(g)
removed
Authorization of appropriations— Section 113(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(b)) is amended by striking “To carry out the purposes of section 107(b)” and inserting “To carry out the purposes of section 107(b) of this Act and section 114 of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2017”.
Sec. 114
Training course on human trafficking and Government contracting
changed
Section 107(b)(2)(A) of Any curriculum (including any continuing education curriculum) for the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(A)) is amended acquisition workforce used by striking “programs for” the Federal Acquisition Institute established under section 1201 of title 41, United States Code, shall include at least one course, which shall be at least 30 minutes, on the law and all that follows regulations relating to human trafficking and inserting the following:Government contracting.
removed
“(i) between the ages of 12 and 24 and who are homeless, in foster care, or involved in the criminal justice system;
removed
“(ii) transitioning out of the foster care system; or
removed
“(iii) women or girls in underserved populations.”
Sec. 115
Modifications to the advisory council on human trafficking
added
added
Section 115 of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243) is amended—
(1)
added
in subsection (f)(2), to read as follows:
added
“(2) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code.”
(2)
added
in subsection (h), by striking “2020” and inserting “2021”.
Sec. 116
Sense of Congress on strengthening Federal efforts to reduce demand
added
added
It is the sense of Congress that—
(1)
added
all Federal anti-trafficking training (including training under section 114(c) of the Justice for Victims of Trafficking Act of 2015 (42 U.S.C. 14044g(c)) and under section 107(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4))) provided to Federal judges, prosecutors, and State and local law enforcement officials should—
(A)
added
explain the circumstances under which sex buyers are considered parties to the crime of trafficking;
(B)
added
provide best practices for arresting or prosecuting buyers of illegal sex acts as a form of sex trafficking prevention; and
(C)
added
specify that any comprehensive approach to eliminating sex and labor trafficking must include a demand reduction component; and
(2)
added
any request for proposals for grants or cooperative agreement opportunities issued by the Attorney General with respect to the prevention of trafficking should include specific language with respect to demand reduction.
Sec. 117
Sense of Congress on the senior policy operating group
added
added
It is the sense of Congress that the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)) should create a working group to examine the role of demand reduction, both domestically and internationally, in achieving the purposes of the Justice for Victims of Trafficking Act (Public Law 114–22; 129 Stat. 227) and Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
Sec. 121
Demand reduction strategies in the United States
(a)
changed
In general—Department of Justice task force— Section 40118 105(d)(7) of title 49, United States Code, is amended by adding at the end the following:Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
(1)
added
in subparagraph (Q)(vii), by striking “and” at the end;
(2)
added
in subparagraph (R), by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following new subparagraph:
added
“(S) tactics and strategies employed by human trafficking task forces sponsored by the Department of Justice to reduce demand for trafficking victims.”
removed
“(g) Training requirements—The Administrator of General Services shall ensure that any contract entered into for provision of air transportation under this section requires that the contracting air carrier provides to the Administrator of General Services, the Secretary of Transportation, the Administrator of the Transportation Security Administration, and the Commissioner of U.S. Customs and Border Protection an annual report regarding—
removed
“(1) the number of personnel trained in the detection and reporting of potential human trafficking (as described in paragraphs (9) and (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)), including the training required under section 44734(a)(4);
removed
“(2) the number of notifications of potential human trafficking victims received from staff or other passengers; and
removed
“(3) whether the air carrier notified law enforcement at the relevant airport of the potential human trafficking victim for each such notification of potential human trafficking, and if so, when the notification was made.”
(b)
changed
Training of flight attendants and pilots—Report on State enforcement— Section 44734 114(e)(1)(A) of title 49, United States Code, the Justice for Victims of Trafficking Act of 2015 (42 U.S.C. 14044g(e)(1)(A)) is amended—
(1)
changed
in the heading by inserting “and pilots” “, noting the number of covered offenders” after “flight attendants”;“covered offense” in each place it occurs;
(2)
changed
in subsection (a)—the matter preceding clause (i), by striking “rates” and inserting “number”;
(A)
removed
by inserting “and pilots” after “flight attendants”; and
(B)
removed
by inserting “airline-industry-specific” after “annual”; and
(3)
changed
in subsection (b) clause (i), by striking “arrest” and inserting “and pilots” after “flight attendants”.“arrests”;
(4)
added
in clause (ii), by striking “prosecution” and inserting “prosecutions”; and
(5)
added
in clause (iii), by striking “conviction” and inserting “convictions”.
(c)
removed
Conforming amendment— The table of sections for chapter 447 of title 49, United States Code, is amended by striking the item related to section 44734 and inserting the following:
(d)
removed
Applicability— The amendment made by subsection (a) shall apply to any contract entered into after the date of enactment of this Act.
Sec. 122
Designation of a labor prosecutor to enhance State and local efforts to combat trafficking in persons
added
Section 204(a)(1) of the Trafficking Victims Protection Reauthorization Act of 2005 is amended—
(a)
removed
In general— Subchapter I of chapter 57 of title 5, United States Code, is further amended by adding at the end the following:
removed
“5713. Priority for use of funds for lodging expenses at accommodations lacking certain policies relating to child sexual exploitation.
removed
“(a) In general—For the purpose of making payments under this chapter for lodging expenses each agency shall ensure that, to the extent practicable, any commercial-lodging room nights for employees of that agency are booked in a preferred place of accommodation.
removed
“(b) Preferred place of accommodation defined—In this section, “preferred place of accommodation” means a commercial place of accommodation that—
removed
“(1) has a zero-tolerance policy in place regarding the sexual exploitation of children (as described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(A))) within the accommodation;
removed
“(2) has procedures in place to identify and report any such exploitation to the appropriate authorities;
removed
“(3) makes training materials available to all employees to prevent such exploitation;
removed
“(4) has trained all employees annually on the identification of possible cases of such exploitation and procedures to report suspected abuse to the appropriate authorities;
removed
“(5) protects employees who report suspected cases of such exploitation according to the protocol identified in training; and
removed
“(6) keeps records of the number of suspected cases of such exploitation, including the reasons for suspicion, title of employee who reported the suspicion, and where the report was made.
removed
“(c) Regulations required—The Administrator of General Services shall—
removed
“(1) maintain a list of each preferred place of accommodation; and
removed
“(2) issue such regulations as are necessary to carry out this section.”
(1)
changed
Conforming amendment— The table of sections for subchapter I of chapter 57 of title 5, United States Code, is further amended in subparagraph (D), by adding striking “and” at the end the following new item:end;
(2)
added
in subparagraph (E), by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following new subparagraph:
added
“(F) where appropriate, to designate at least one prosecutor for cases of severe forms of trafficking in persons (as such term is defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)).”
Sec. 123
Preventing human trafficking in foreign missions and diplomatic households
changed
Section 106 Subsection (a) of section 203 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2000 (22 2008 (8 U.S.C. 7104) 1375c) is amended by adding at the end the following new subsection:amended—
(1)
added
in paragraph (2)—
(A)
added
by striking “for such period as the Secretary determines necessary” and inserting “for the period of at least one year or longer if the Secretary determines a longer period is necessary”; and
(B)
added
by striking “the Secretary determines that there is” and all that follows until the end of the paragraph and inserting “there is an unpaid default judgement directly or indirectly related to human trafficking against the employer or a family member accredited by the embassy, the employer or family member has refused to agree to a voluntary interview with United States law enforcement, or the diplomatic mission or international organization hosting the employer or family member has refused to waive immunity in a human trafficking case brought by the United States Government or to agree to prosecute the case in the country that accredited the employer or family member.”; and
(2)
added
in paragraph (3)—
(A)
added
by striking “is in place”; and
(B)
added
by inserting “, as applicable, the default judgment has been resolved, the employer or family member has agreed to meet with United States law enforcement, the diplomatic mission or international organization hosting the employer or family member has waived immunity for the employer or family member or agreed to prosecute the case in the country that accredited the employer or family member, or the diplomatic mission or international organization hosting the employer or family member has in place” after “appropriate congressional committees that”.
removed
“(k) Agency action To prevent funding of human trafficking
removed
“(1) In general—The Secretary of State, Secretary of Defense, Secretary of Labor, Administrator of the United States Agency for International Development, and Director of the Office of Management and Budget shall each submit to the Administrator of General Services (who shall submit the reports to the appropriate congressional committees), at the end of each fiscal year, a report that includes each of the following:
removed
“(A) The name and contact information of the individual within the agency’s office of legal counsel or office of acquisition policy who is responsible for overseeing the implementation of subsection (g) of this section, title XVII of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104a et seq.), and any related regulation in the Federal Acquisition Regulation (including the Federal Acquisition Regulation; Ending Trafficking in Persons (48 C.F.R. Parts 1, 2, 9, 12, 22, 42, and 52)).
removed
“(B) Agency action to ensure contractors are educated on the applicable laws and regulations listed in subparagraph (A).
removed
“(C) Agency action to ensure the acquisition workforce and agency officials understand implementation of the laws and regulations listed in subparagraph (A), including best practices for—
removed
“(i) ensuring compliance with such laws and regulations;
removed
“(ii) assessing the serious, repeated, willful, or pervasive nature of any violation of such laws or regulations; and
removed
“(iii) evaluating steps contractors have taken to correct any such violation.
removed
“(D) The number of contracts containing language referring to the laws and regulations listed in subparagraph (A) and the number of contracts that did not contain any language referring to the laws and regulations listed in subparagraph (A).
removed
“(E) The number of allegations of severe forms of trafficking in persons received and the source of the allegation (contractor, subcontractor, employee of contractor or subcontractor, or an individual outside of the contract).
removed
“(F) The number of such allegations investigated by the agency, a summary of any findings of such investigation, and any improvements recommended by the agency to prevent such conduct from recurring.
removed
“(G) The number of such allegations referred to the Attorney General for prosecution under section 3271 of title 18, United States Code, and the outcomes of such referrals.
removed
“(H) Any remedial action taken as a result of such investigation, including whether—
removed
“(i) a contractor or subcontractor (at any tier) was debarred or suspended due to a violation of a law or regulation relating to severe forms of trafficking in persons; or
removed
“(ii) a contract was terminated pursuant to subsection (g) as a result of such violation.
removed
“(I) Any other assistance offered to agency contractors to ensure compliance with a law or regulation relating to severe forms of trafficking in persons.
removed
“(J) Any interagency meetings or data sharing regarding suspended or disbarred contractors or subcontractors (at any tier) for severe forms of trafficking in persons.
removed
“(K) Any contract with a contractor or subcontractor (at any tier) located outside the United States and the country location for each such contractor or subcontractor.
removed
“(2) Appropriate congressional committees—In this subsection, the term appropriate congressional committees means—
removed
“(A) the Committees on Foreign Affairs, Armed Services, and Education and the Workforce of the House of Representatives; and
removed
“(B) the Committees on Foreign Relations, Armed Services, and Health, Education, Labor, and Pensions of the Senate.”
Sec. 124
Ensuring that traffickers help pay for care for victims
changed
Any curriculum (including any continuing education curriculum) for the acquisition workforce used by the Federal Acquisition Institute established under section 1201 of title 41, United States Code, or the Defense Acquisition University established under section 1746 Section 3014(a) of title 10, 18, United States Code, shall include a 30-minute course on the law and regulations relating to human trafficking is amended by striking “2019” and Government contracting.inserting “2021”.
Sec. 125
Modifications to the Advisory Council on Human Trafficking
removed
removed
Section 115 of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243) is amended—
(1)
removed
in subsection (f)(2), to read as follows:
removed
“(2) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code.”
(2)
removed
in subsection (h), by striking “2020” and inserting “2021”.
Sec. 126
Sense of Congress on strengthening Federal efforts to reduce demand
removed
removed
It is the sense of Congress that—
(1)
removed
all Federal anti-trafficking training (including training under section 114(c) of the Justice for Victims of Trafficking Act of 2015 (42 U.S.C. 14044g(c)) and under section 107(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4))) provided to Federal judges, prosecutors, and State and local law enforcement officials should—
(A)
removed
explain the circumstances under which sex buyers are considered parties to the crime of trafficking;
(B)
removed
provide best practices for arresting or prosecuting buyers of illegal sex acts as a form of sex trafficking prevention; and
(C)
removed
specify that any comprehensive approach to eliminating trafficking must include a demand reduction component; and
(2)
removed
any request for proposals for grants or cooperative agreement opportunities issued by the Attorney General with respect to the prevention of trafficking should include specific language with respect to demand reduction.
Sec. 127
Sense of Congress on the Senior Policy Operating Group
removed
removed
It is the sense of Congress that the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)) should create a working group to examine the role of demand reduction, both domestically and internationally, in achieving the purposes of the Justice for Victims of Trafficking Act (Public Law 114–22; 129 Stat. 227) and Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
Sec. 131
Sense of Congress
added
It is the sense of Congress that—
(a)
removed
Department of Justice task force— Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
(1)
removed
in subparagraph (Q)(vii), by striking “and” at the end;
(2)
removed
in subparagraph (R), by striking the period at the end and inserting “; and”; and
(3)
removed
by adding at the end the following new subparagraph:
removed
“(S) tactics and strategies employed by human trafficking task forces sponsored by the Department of Justice to reduce demand for trafficking victims.”
(1)
changed
Report on State enforcement— Section 114(e)(1)(A) of foreign assistance that addresses poverty alleviation and humanitarian disasters reduces the Justice for Victims of Trafficking Act vulnerability of 2015 (42 U.S.C. 14044g(e)(1)(A)) men, women, and children to human trafficking and is amended by inserting “, noting the number a crucial part of buyers the response of trafficked persons included in the rate” after “covered offense” in each place it occurs.United States to modern-day slavery;
(2)
changed
Uniform crime reports— Section 237(b) the Deputy Under Secretary of the William Wilberforce Trafficking Victims Protection Reauthorization Act Bureau of 2008 (28 U.S.C. 534 note) is amended—International Labor Affairs of the Department of Labor and the grant programs administered by the Deputy Under Secretary play a critical role in preventing and protecting children from the worst forms of child labor, including situations of trafficking, and in reducing the vulnerabilities of men and women to situations of forced labor and trafficking; and
(3)
added
the Secretary of Labor also plays a critical role in helping other Federal departments and agencies to prevent goods made with forced and child labor from entering the United States by consulting with such departments and agencies to reduce forced and child labor internationally and ensuring that products made by forced labor and child labor in violation of international standards are not imported into the United States.
(1)
removed
in paragraph (2), by striking “and” at the end;
(2)
removed
in paragraph (3), by striking the period at the end and inserting a semicolon; and
(3)
removed
by adding at the end the following:
removed
“(4) incidents of assisting or promoting prostitution, as described in paragraph (1), of a person under the age of 18; and
removed
“(5) incidents of purchasing or soliciting commercial sex acts, as described in paragraph (2), with an individual under the age of 18.”
Sec. 132
Report on the enforcement of section 307 of the Tariff Act of 1930
(a)
added
In general— 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 committees listed in subsection (b) a report describing any obstacles or challenges to enforcing section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
removed
Section 204(a)(1) of the Trafficking Victims Protection Reauthorization Act of 2005 is amended—
(b)
changed
Committees— The committees listed in subparagraph (D), by striking “and” at the end;this subsection are—
(1)
added
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on the Judiciary, and the Committee on Ways and Means of the House of Representatives; and
(2)
added
the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Commerce, Science, and Transportation, the Committee on the Judiciary, and the Committee on Finance of the Senate.
(c)
changed
Requirements— in subparagraph (E), by striking the period at the end and inserting “; and”; andThe report required under subsection (a) shall—
(1)
added
describe the role and best practices of private-sector employers in the United States in complying with the provisions of section 307 of the Tariff Act of 1930;
(2)
added
describe any efforts or programs undertaken by relevant Federal, State, or local government agencies to encourage employers, directly or indirectly, to comply with such provisions;
(3)
added
describe the roles of the relevant Federal departments and agencies in overseeing and regulating such provisions, and the oversight and enforcement mechanisms used by such departments or agencies;
(4)
added
provide concrete, actual case studies or examples of how such provisions are enforced;
(5)
added
identify the number of petitions received and cases initiated (whether by petition or otherwise) or investigated by each relevant Federal department or agency charged with implementing and enforcing such provisions, as well as the dates petitions were received or investigations were initiated, and their current statuses;
(6)
added
identify any enforcement actions, including, but not limited to, the issuance of Withhold Release Orders, the detention of shipments, the issuance of civil penalties, and the formal charging with criminal charges relating to the forced labor scheme, taken as a result of these petitions and investigations by type of action, date of action, commodity, and country of origin in the past 10 years;
(7)
added
with respect to any relevant petition filed during the 10-year period prior to the date of the enactment of this Act with the relevant Federal departments and agencies tasked with implementing such provisions, list the specific products, country of origin, manufacturer, importer, end-user or retailer, and outcomes of any investigation;
(8)
added
identify any gaps that may exist in enforcement of such provisions;
(9)
added
describe the engagement of the relevant Federal departments and agencies with stakeholders, including the engagement of importers, forced labor experts, and nongovernmental organizations; and
(10)
added
based on the information required by paragraphs (1) through (9), identify any regulatory obstacles or challenges to enforcement of such provisions and provide recommendations for actions that could be taken by the relevant Federal departments and agencies to overcome these obstacles.
(3)
removed
by adding at the end the following new subparagraph:
removed
“(F) where appropriate, to designate at least one prosecutor for cases of severe forms of trafficking in persons (as such term is defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)).”
Sec. 133
Modification to list of child-made and slavery-made goods
(a)
added
In general— Section 105(b)(2)(C) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)) is amended by inserting “, including, to the extent practicable, goods that are produced with inputs that are produced with forced labor or child labor” after “international standards”.
removed
Subsection (a) of section 203 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375c) is amended—
(b)
changed
Inclusion in authorization of appropriations— Amounts appropriated pursuant to the authorization of appropriations under section 113(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(f)), as amended by section 301(a) of this Act, are authorized to be made available to carry out the purposes described in paragraph (2)—section 105(b)(2) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)), as amended by subsection (a).
(A)
removed
by striking “for such period as the Secretary determines necessary” and inserting “for the period of at least one year or longer if the Secretary determines a longer period is necessary”; and
(B)
removed
by striking “the Secretary determines that there is” and all that follows until the end of the paragraph and inserting “there is an unpaid default judgement directly or indirectly related to human trafficking against the employer or a family member accredited by the embassy, the employer or family member has refused to agree to a voluntary interview with United States law enforcement, or the diplomatic mission or international organization hosting the employer or family member has refused to waive immunity in a human trafficking case brought by the United States Government or to agree to prosecute the case in the country that accredited the employer or family member.”; and
(2)
removed
in paragraph (3)—
(A)
removed
by striking “is in place”; and
(B)
removed
by inserting “, as applicable, the default judgment has been resolved, the employer or family member has agreed to meet with United States law enforcement, the diplomatic mission or international organization hosting the employer or family member has waived immunity for the employer or family member or agreed to prosecute the case in the country that accredited the employer or family member, or the diplomatic mission or international organization hosting the employer or family member has in place” after “appropriate congressional committees that”.
Sec. 134
Encouraging State and local crime-tip organization to reward tips fighting human trafficking
removed
removed
Section 524(c)(1) of title 28, United States Code, is amended—
(1)
removed
in subparagraph (H), by striking “and” at the end;
(2)
removed
in subparagraph (I), by striking the period at the end and inserting “; and”; and
(3)
removed
by adding at the end the following new subparagraph:
removed
“(J) at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime tip organizations that annually waive their qualification for awards for information leading to forfeiture under subparagraph (C), and annually waive their qualification for receiving payment from equitably shared forfeiture funds, and offer rewards for information about violations of Federal criminal laws against human trafficking.”
Sec. 135
Ensuring that traffickers help pay for care for victims
removed
removed
Section 3014(a) of title 18, United States Code, is amended by striking “2019” and inserting “2021”.
Sec. 136
Exempting from Federal income taxation civil damages awarded under section 1595 of title 18, United States Code
removed
(a)
removed
In general— Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139F the following new section:
removed
“139G. Certain amount received as civil damages as recompense for trafficking in persons
removed
“(a) Exclusion from gross income—Gross income shall not include any civil damages, restitution, or other monetary award (including compensatory or statutory damages and restitution imposed in a criminal matter) awarded in an action under section 1595 of title 18, United States Code.”
Sec. 141
Sense of Congress
removed
removed
It is the sense of Congress that—
(1)
removed
foreign assistance that addresses poverty-alleviation and humanitarian disasters reduces the vulnerability of men, women, and children to human trafficking and is a crucial part of the response of the United States to modern-day slavery;
(2)
removed
the Deputy Undersecretary of the Bureau of International Labor Affairs of the Department of Labor plays a critical role in preventing and protecting children from the worst forms of child labor, including situations of trafficking, and in reducing the vulnerabilities of men and women to situations of forced labor and trafficking; and
(3)
removed
the Secretary of Labor also plays a critical role in helping other Federal departments and agencies to prevent goods made with forced and child labor from entering the United States by consulting with such departments and agencies to reduce forced and child labor internationally and ensuring that products made by forced labor and child labor in violation of international standards are not imported into the United States.
Sec. 142
Report on the enforcement of section 307 of the Tariff Act of 1930
removed
(a)
removed
In general— Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the committees listed in subsection (b) a report describing any obstacles or challenges to enforcing section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(b)
removed
Committees— The committees listed in this subsection are—
(1)
removed
the Committees on Foreign Affairs, Financial Services, Energy and Commerce, and the Judiciary of the House of Representatives; and
(2)
removed
the Committees on the Judiciary, Health, Education, Labor, and Pensions, Foreign Relations, Commerce, Science, and Transportation, and Finance of the Senate.
(c)
removed
Requirements— The report required under subsection (a) shall—
(1)
removed
describe the role and best practices of private-sector employers in the United States in enforcing the provisions of section 307 of the Tariff Act of 1930;
(2)
removed
describe any efforts or programs undertaken by relevant Federal, State, or local government agencies to encourage employers, directly or indirectly, to comply with such provisions;
(3)
removed
describe the roles of the relevant Federal departments and agencies in overseeing and regulating such provisions, and the oversight and enforcement mechanisms used by such departments or agencies;
(4)
removed
provide concrete, actual case studies or examples of how such provisions are enforced;
(5)
removed
identify the number of petitions received and cases initiated (whether by petition or otherwise) or investigated by each relevant Federal department or agency charged with implementing and enforcing such provisions, as well as the dates petitions were received or investigations were initiated, and their current statuses;
(6)
removed
identify any enforcement actions, including, but not limited to, the issuance of Withhold Release Orders, the detention of shipments, the issuance of civil penalties, and the formal charging with criminal charges relating to the forced labor scheme, taken as a result of these petitions and investigations by type of action, date of action, commodity, and country of origin in the past 10 years;
(7)
removed
with respect to any relevant petition filed during the 10-year period prior to the date of the enactment of this Act with the relevant Federal departments and agencies tasked with implementing such provisions, list the specific products, country of origin, manufacturer, importer, end-user or retailer, and outcomes of any investigation;
(8)
removed
identify any gaps that may exist in enforcement of such provisions;
(9)
removed
describe the engagement of the relevant Federal departments and agencies with stakeholders, including the engagement of importers, forced labor experts, and nongovernmental organizations; and
(10)
removed
based on the information required by paragraphs (1) through (9), identify any regulatory obstacles or challenges to enforcement of such provisions and provide recommendations for actions that could be taken by the relevant Federal departments and agencies to overcome these obstacles.
Sec. 143
Modification to list of child-made and slavery-made goods
removed
(a)
removed
In general— Section 105(b)(2)(C) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)) is amended by inserting “, including, to the extent practicable, goods that are produced with inputs that are produced with forced labor or child labor” after “international standards”.
(b)
removed
Inclusion in authorization of appropriations— Amounts appropriated pursuant to the authorization of appropriations under section 113(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(f)), as amended by section 301(a) of this Act, are authorized to be made available to carry out the purposes described in section 105(b)(2) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)), as amended by subsection (a).
Sec. 201
Including the Secretary of the Treasury and the United States Trade Representative as a member of the interagency task force to monitor and combat trafficking
added
added
Section 105(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting “the Secretary of the Treasury, the United States Trade Representative,” after “the Secretary of Education,”.
Sec. 202
Encouraging countries to maintain and share data on human trafficking efforts
added
added
Paragraphs (1) and (7) of section 108(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)(1) and (b)(7)) are each amended by striking the final sentence of such paragraphs.
Sec. 203
Appropriate listing of governments involved in human trafficking
added
added
Subsection (b) of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) is amended as follows:
(1)
added
In paragraph (1)—
(A)
added
in subparagraph (C)—
(i)
added
by striking “and whose governments do not” and inserting the following:
added
“(i) do not”
(ii)
added
by adding at the end the following new clauses:
added
“(ii) tolerate trafficking in government-funded programs; or
added
“(iii) have a government-supported practice of—
added
“(I) trafficking;
added
“(II) facilitating the use of forced labor (such as in agriculture, forestry, mining, or construction);
added
“(III) permitting sexual slavery in government camps, compounds, or outposts; or
added
“(IV) employing child soldiers;”
(B)
added
in subparagraph (F), by striking “and” at the end;
(C)
added
in subparagraph (G), by striking the period at the end and inserting “; and”; and
(D)
added
by adding at the end the following:
added
“(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 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)
added
In paragraph (2)—
(A)
added
in subparagraph (A)(iii)—
(i)
added
in subclause (I)—
(I)
added
by inserting “and the country is not taking steps commensurate with the size of the trafficking problem” before the semicolon at the end; and
(II)
added
by adding “or” at the end;
(ii)
added
in subclause (II), by striking “; or” and inserting a period; and
(iii)
added
by striking subclause (III);
(B)
added
in subparagraph (B), by striking “the last annual report” and inserting “April 1 of the previous year”;
(C)
added
in subparagraph (D)—
(i)
added
in clause (i), by striking “the date of the enactment of this subparagraph,” and all that follows and inserting—
added
“the date of the enactment of this subparagraph—
added
“(I) shall be included on the list of countries described in paragraph (1)(C); and
added
“(II) shall be required to meet the requirements specified in paragraph (1)(B) before the country may be removed from the list of countries described in paragraph (1)(C).”
(ii)
added
in clause (ii)—
(I)
added
by striking “2 years” and inserting “1 year”;
(II)
added
in subclause (II), by striking “and”;
(III)
added
in subclause (III), by striking the period at the end and inserting “; and”; and
(IV)
added
by adding at the end the following:
added
“(IV) the country has taken concrete actions to implement the principal recommendations of the most recent annual report on trafficking in persons with respect to that country.”
(iii)
added
by adding at the end the following:
added
“(iii) Written plan—The Secretary of State shall endeavor to work with each country that receives a waiver under clause (ii) and with civil society organizations in each country to draft and implement a written plan described in such clause.”
(D)
added
in subparagraph (E)—
(i)
added
by striking “through (III)” and inserting “through (IV)”; and
(ii)
added
by striking “shall provide” and all that follows and inserting the following: “shall provide, on a publicly available website maintained by the Department of State—
added
“(i) a detailed description of the credible evidence supporting such determination;
added
“(ii) the written plan submitted by the country under subparagraph (D)(ii)(I); and
added
“(iii) supporting documentation providing credible evidence of—
added
“(I) each concrete action by the country to bring itself into compliance with the minimum standards for the elimination of trafficking, including copies of relevant laws or regulations adopted or modified; and
added
“(II) any actions taken by that country to enforce the minimum standards for the elimination of trafficking, as appropriate.”
(E)
added
by adding at the end the following new subparagraph:
added
“(F) Special rule for certain countries on special watch list that are downgraded and reinstated on special watch list—Notwithstanding subparagraphs (D) and (E), a country that—
added
“(i) was included on the special watch list described in subparagraph (A) for—
added
“(I) two consecutive years after the date of the enactment of subparagraph (D); and
added
“(II) any additional years after such date of enactment by reason of the President exercising the waiver authority under clause (ii) of subparagraph (D); and
added
“(ii) was subsequently included on the list of countries described in paragraph (1)(C),”
(3)
added
In paragraph (3)—
(A)
added
in subparagraph (B), by striking “and” at the end;
(B)
added
in subparagraph (C), by striking the period at the end and inserting a semicolon; and
(C)
added
by adding at the end the following:
added
“(D) the extent to which the government of the country is devoting sufficient budgetary resources—
added
“(i) to investigate and prosecute acts of severe trafficking in persons;
added
“(ii) to convict and sentence persons responsible for such acts; and
added
“(iii) to obtain restitution for victims of human trafficking;
added
“(E) the extent to which the government of the country is devoting sufficient budgetary resources—
added
“(i) to protect and rehabilitate victims of trafficking in persons; and
added
“(ii) to prevent trafficking in persons;
added
“(F) the extent to which the government of the country has consulted with domestic and international civil society organizations to improve the provision of services to victims of trafficking in persons; and
added
“(G) whether—
added
“(i) government officials participate in or facilitate forced labor and human trafficking; and
added
“(ii) the government maintains policies that provide incentives for or otherwise support the participation in or facilitation of forced labor and human trafficking by officials at any level of government.”
(4)
added
By adding at the end the following:
added
“(4) Special rule for changes in certain determinations—Not later than 90 days after the submission of each annual report under paragraph (1), the Secretary of State shall submit a detailed description of the credible evidence supporting a change in listing of a country, accompanied by copies of documents providing such evidence, as appropriate, to the appropriate congressional committees not later than 90 days after the submission of that report if—
added
“(A) a country is included on a list of countries described in paragraph (1)(C) in an annual report submitted in calendar year 2015 or in any calendar year thereafter; and
added
“(B) in the annual report submitted in the next calendar year, the country is listed on a list of countries described in paragraph (1)(B).
added
“(5) Written plan—The Secretary of State shall endeavor to work with each country that has been listed pursuant to paragraph (1)(C) in the most recent annual report and civil society organizations to draft and implement the written plan described in paragraph (2)(D)(ii).
added
“(6) Definitions—In this subsection:
added
“(A) Concrete actions—The term concrete actions means any of the following actions that demonstrably improve the condition of a substantial number of victims of human trafficking and persons vulnerable to human trafficking:
added
“(i) Enforcement actions taken.
added
“(ii) Investigations actively underway.
added
“(iii) Prosecutions conducted.
added
“(iv) Convictions attained.
added
“(v) Training provided.
added
“(vi) Programs and partnerships actively underway.
added
“(vii) Victim services offered, including immigration services and restitution.
added
“(viii) The amount of money the government in question has committed to the actions described in clauses (i) through (vii).
added
“(ix) An assessment of the impact of such actions on the prevalence of human trafficking in the country.
added
“(B) Credible evidence—The term credible evidence means information relied upon by the Department of State to make determinations relating to the provisions set forth in this division, including—
added
“(i) reports by the Department of State;
added
“(ii) 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;
added
“(iii) documentation provided by a foreign country, including copies of relevant laws, regulations, policies adopted or modified, enforcement actions taken and judicial proceedings, training conducted, consultations conducted, programs and partnerships launched, and services provided;
added
“(iv) materials developed by civil society organizations;
added
“(v) information from survivors of human trafficking, vulnerable persons, and whistleblowers;
added
“(vi) all relevant media and academic reports that, in light of reason and common sense, are worthy of belief; and
added
“(vii) information developed by multilateral institutions.”
Sec. 204
Requirements for strategies to prevent trafficking
added
(a)
added
Report on new practices To combat trafficking—
(1)
added
In general— Not later than 120 days after the date of the enactment of this Act, and annually thereafter for 7 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report—
(A)
added
describing any practices adopted by the Department or the Agency to better combat trafficking in persons, in accordance with the report submitted under section 101(b)(4) of the Trafficking Victims Protection Reauthorization Act of 2005, in order to reduce the risk of trafficking in post-conflict or post-disaster areas; or
(B)
added
if no such practices have been adopted, including a strategy to reduce the risk of trafficking in such areas.
(2)
added
Public availability— Each report submitted under paragraph (1) shall be posted on a publicly available internet website of the Department of State.
(b)
added
Child protection strategies in watch list countries— The Administrator of the United States Agency for International Development shall incorporate into the relevant country development cooperation strategy for each country on the special watch list described in section 110(b)(2)(A) or the list described in section 110(b)(1)(C) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A) and (b)(1)(C)), as amended by section 203 of this Act, strategies for the protection of children and the reduction of the risk of trafficking.
Sec. 205
Expansion of Department of State rewards program
added
added
Paragraph (5) of section 36(k) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)) is amended—
(1)
added
in the matter preceding subparagraph (A), by striking “means”;
(2)
added
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses, as so redesignated, two ems to the right;
(3)
added
by inserting before clause (i), as so redesignated, the following:
added
“(A) means—”
(4)
added
in clause (ii), as so redesignated, by striking the period at the end and inserting “; and”; and
(5)
added
by adding at the end following new subparagraph:
added
“(B) includes severe forms of trafficking in persons, as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).”
Sec. 206
Briefing on countries with primarily migrant workforces
added
added
Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall provide to the Committee on Foreign Affairs and the Committee on the Judiciary of the House and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate a briefing that includes, with respect to each country that has a domestic workforce of which more than 80 percent are third-country nationals, each of the following:
(1)
added
An assessment of the progress made by the government of such country toward implementing the recommendations with respect to such country contained in the most recent “Trafficking in Persons Report” submitted by the Secretary under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)), as amended by section 203 of this Act.
(2)
added
A description of the efforts made by the United States to ensure that any domestic worker brought into the United States by an official of such country is not a victim of trafficking.
Sec. 207
Report on recipients of funding from the United States Agency for International Development
added
added
Not later than 90 days after the date of the enactment of this Act, and by October 1 of each of the following 4 years, the Administrator of the United States Agency for International Development shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report describing, with respect to the prior fiscal year—
(1)
added
each obligation or expenditure of Federal funds by the Agency for the purpose of combating human trafficking and forced labor; and
(2)
added
with respect to each such obligation or expenditure, the program, project, activity, primary recipient, and any sub-grantees or sub-contractors.
changed
Section 105(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting “the Secretary of the Treasury, Congress finds the United States Trade Representative,” after “the Secretary of Education,”.following:
(1)
added
The recruitment or use of children in armed conflict is unacceptable for any government or government-supported entity receiving United States assistance.
(2)
added
The recruitment or use of children in armed conflict, including direct combat, support roles, and sexual slavery, occurred during 2015–2016 in Afghanistan, South Sudan, Sudan, Burma, the Democratic Republic of the Congo, Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.
(3)
added
Entities of the Government of Afghanistan, particularly the Afghan Local Police and Afghan National Police, continue to recruit children to serve as combatants or as servants, including as sex slaves.
(4)
added
Police forces of the Government of Afghanistan participate in counterterrorism operations, direct and indirect combat, security operations, fight alongside regular armies, and are targeted for violence by the Taliban as well as by other opposition groups.
(5)
added
In February 2016, a 10-year-old boy was assassinated by the Taliban after he had been publically honored by Afghan local police forces for his assistance in combat operations against the Taliban.
(6)
added
Recruitment and use of children in armed conflict by government forces has continued in 2016 in South Sudan with the return to hostilities.
(7)
added
At least 650 children have been recruited and used in armed conflict in South Sudan in 2016, and at least 16,000 have been recruited since that country’s civil war began in 2013.
Sec. 212
Amendments to the Child Soldiers Prevention Act of 2008
(a)
added
Definitions— Section 402(2)(A) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c(2)(A)) is amended by inserting “, police, or other security forces” after “governmental armed forces” each place it appears.
(b)
added
Prohibition— Section 404 of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–1) is amended—
(1)
added
in subsection (a)—
(A)
added
by inserting “, police, or other security forces” after “governmental armed forces”; and
(B)
added
by striking “recruit and use child soldiers” and inserting “recruit or use child soldiers”;
(2)
added
by amending subsection (b)(2) to read as follows:
added
“(2) Notification
added
“(A) In general—Not later than 45 days after the date of submission of each report required under section 110(b) of the Trafficking Victims Protection Act of 2000, the Secretary of State shall formally notify each government included in the list required under paragraph (1) that such government is so included.
added
“(B) Congressional notification—As soon as practicable after making all of the notifications required under subparagraph (A) with respect to a report, the Secretary of State shall notify the appropriate congressional committees that the requirements of subparagraph (A) have been met.”
(3)
added
in subsection (c)(1), by adding at the end before the period the following: “and certifies to the appropriate congressional committees that the government of such country is taking effective and continuing steps to address the problem of child soldiers”; and
(4)
added
in subsection (e)(1), by striking “to a country” and all that follows through “subsection (a)” and inserting “under section 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347) through the Defense Institute for International Legal Studies or the Center for Civil-Military Relations at the Naval Post-Graduate School, and may provide nonlethal supplies (as defined in section 2557(d)(1)(B) of title 10), to a country subject to the prohibition under subsection (a)”.
(c)
added
Reports— Section 405 of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–2) is amended—
(1)
added
in subsection (c)—
(A)
added
in the matter preceding paragraph (1), by striking “, during any of the 5 years following the date of the enactment of this Act,”;
(B)
added
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;
(C)
added
by inserting after paragraph (1) the following:
added
“(2) a description and the amount of any assistance withheld under this title pursuant to the application to those countries of the prohibition in section 404(a);”
(D)
added
in paragraph (5) (as so redesignated), by inserting “and the amount” after “a description”; and
(2)
added
by adding at the end the following:
added
“(d) Information To be included in annual trafficking in persons report—If a country is notified pursuant to section 404(b)(2), or a waiver is granted pursuant to section 404(c)(1), the Secretary of State shall include in each report required under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) the information required to be included in the annual report to Congress under paragraphs (1) through (5) of subsection (c) of this section.”
removed
Paragraphs (1) and (7) of section 108(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106 (b)(1) and (b)(7)) are each amended by striking the final sentence of such paragraphs.
Sec. 213
Appropriate listing of governments involved in human trafficking
removed
removed
Subsection (b) of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) is amended as follows:
(1)
removed
In paragraph (1)(C)—
(A)
removed
by striking “and whose governments do not” and inserting the following:
removed
“(i) do not”
(B)
removed
by adding at the end the following new clauses:
removed
“(ii) tolerate trafficking in government-funded programs; or
removed
“(iii) have a government-supported practice of trafficking, including, for example, by using forced labor in agriculture, forestry, mining, or construction, permitting sexual slavery in government camps, compounds, or outposts, or employing child soldiers;”
(2)
removed
In paragraph (2)—
(A)
removed
in subparagraph (A)(iii)(I), by inserting “and the country is not taking steps commensurate with the size of the trafficking problem” before the semicolon at the end;
(B)
removed
in subparagraph (D)(ii), by striking “2 years” and inserting “1 year”; and
(C)
removed
by adding at the end the following new subparagraph:
removed
“(F) Special rule for certain countries on special watch list that are downgraded and reinstated on special watch list—Notwithstanding subparagraphs (D) and (E), a country that—
removed
“(i) was included on the special watch list described in subparagraph (A) for—
removed
“(I) two consecutive years after the date of the enactment of subparagraph (D); and
removed
“(II) any additional years after such date of enactment by reason of the President exercising the waiver authority under clause (ii) of subparagraph (D); and
removed
“(ii) was subsequently included on the list of countries described in paragraph (1)(C),”
Sec. 214
Requirements for strategies to prevent trafficking
removed
(a)
removed
Report on new practices To combat trafficking—
(1)
removed
In general— Not later than 120 days after the date of the enactment of this Act, and annually thereafter for seven years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report—
(A)
removed
describing any practices adopted by the Department or the Agency to better combat trafficking in persons, in accordance with the report submitted under section 101(b)(4) of the Trafficking Victims Protection Reauthorization Act of 2005, in order to reduce the risk of trafficking in post-conflict or post-disaster areas; or
(B)
removed
if no such practices have been adopted, including a strategy to reduce the risk of trafficking in such areas.
(2)
removed
Public availability— Each report submitted under paragraph (1) shall be posted on a publicly available Internet Web site of the Department of State.
(b)
removed
Child protection strategies in watch list countries— The Administrator of the United States Agency for International Development shall incorporate into the relevant country development cooperation strategy for each country on the special watch list described in section 110(b)(2)(A) or the list described in section 110(b)(1)(C) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107 (b)(2)(A) and (b)(1)(C)), as amended by section 213 of this Act, strategies for the protection of children and the reduction of the risk of trafficking.
Sec. 221
Findings
removed
removed
Congress finds the following:
(1)
removed
The recruitment or use of children in armed conflict is unacceptable for any government or government supported entity receiving United States assistance.
(2)
removed
The recruitment or use of children in armed conflict, including direct combat, support roles, and sexual slavery, occurred during 2015–2016 in Afghanistan, South Sudan, Sudan, Burma, the Democratic Republic of Congo, Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.
(3)
removed
Entities of the Government of Afghanistan, particularly the Afghan Local Police and Afghan National Police, continue to recruit children to serve as combatants or as servants, including as sex slaves.
(4)
removed
Police forces of the Government of Afghanistan participate in counter-terrorism operations, direct and indirect combat, security operations, fight alongside regular armies, and are targeted for violence by the Taliban as well as by other opposition groups.
(5)
removed
In February 2016, a 10-year-old boy was assassinated by the Taliban after he had been publically honored by Afghan local police forces for his assistance in combat operations against the Taliban.
(6)
removed
Recruitment and use of children in armed conflict by government forces has continued in 2016 in South Sudan with the return to hostilities.
(7)
removed
At least 650 children have been recruited and used in armed conflict in South Sudan in 2016, and at least 16,000 have been recruited since that country’s civil war began in 2013.
Sec. 222
Amendments to the Child Soldiers Prevention Act of 2008
removed
(a)
removed
Definitions— Section 402(2)(A) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c(2)(A)) is amended by inserting “, police, or other security forces” after “governmental armed forces” each place it appears.
(b)
removed
Prohibition— Section 404 of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–1) is amended—
(1)
removed
in subsection (a)—
(A)
removed
by inserting “, police, or other security forces” after “governmental armed forces”; and
(B)
removed
by striking “recruit and use child soldiers” and inserting “recruit or use child soldiers”;
(2)
removed
in subsection (b)(2), to read as follows:
removed
“(2) Notification
removed
“(A) In general—Not later than 45 days after the date of submission of each report required under section 110(b) of the Trafficking Victims Protection Act of 2000, the Secretary of State shall formally notify each government included in the list required under paragraph (1) that such government is so included.
removed
“(B) Congressional notification—As soon as practicable after making all of the notifications required under subparagraph (A) with respect to a report, the Secretary of State shall notify the appropriate congressional committees that the requirements of subparagraph (A) have been met.”
(3)
removed
in subsection (c)(1), by adding at the end before the period the following: “and certifies to the appropriate congressional committees that the government of such country is taking effective and continuing steps to address the problem of child soldiers”; and
(4)
removed
in subsection (e)(1), by striking “to a country” and all that follows through “subsection (a)” and inserting “under section 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347) through the Defense Institute for International Legal Studies or the Center for Civil-Military Relations at the Naval Post-Graduate School, and may provide nonlethal supplies (as defined in section 2557(d)(1)(B) of title 10), to a country subject to the prohibition under subsection (a)”.
(c)
removed
Reports— Section 405 of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–2) is amended—
(1)
removed
in subsection (c)—
(A)
removed
in the matter preceding paragraph (1), by striking “, during any of the 5 years following the date of the enactment of this Act,”;
(B)
removed
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;
(C)
removed
by inserting after paragraph (1) the following:
removed
“(2) a description and the amount of any assistance withheld under this title pursuant to the application to those countries of the prohibition in section 404(a);”
(D)
removed
in paragraph (5) (as so redesignated), by inserting “and the amount” after “a description”; and
(2)
removed
by adding at the end the following:
removed
“(d) Information To be included in annual trafficking in persons report—If a country is notified pursuant to section 404(b)(2), or a waiver is granted pursuant to section 404(c)(1), the Secretary of State shall include in each report required under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) the information required to be included in the annual report to Congress under paragraphs (1) through (5) of subsection (c) of this section.”
Sec. 301
Authorization of appropriations under the Trafficking Victims Protection Act of 2000
(a)
changed
In general— Section 113 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110), as amended by sections 114 and 143 of this Act, 7110) is further amended by striking “2017” each place it appears and inserting “2021”.
(b)
Human smuggling and trafficking center— Section 112A(b)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a(b)(4)) is amended by striking “2017” and inserting “2021”.
Sec. 302
Authorization of appropriations under the Trafficking Victims Protection Reauthorization Act of 2005
(a)
In general— Section 201(c)(2) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(c)(2)) is amended by striking “2017” and inserting “2021”.
(b)
Assistance programs for certain persons subject to trafficking—
(1)
changed
In general— Section 202 202(i) of the Trafficking Victims Protection Reauthorization Act of 2005 is amended by striking “2017” and inserting “2021”.
(2)
Repeal of sunset— Section 1241 of the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 149) is amended—
(A)
by striking subsection (b); and
(B)
by striking “(a) In general.—Section 202” and inserting “Section 202”.
(c)
changed
Child trafficking deterrence program— Section 203 203(i) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044b) is amended by striking “2020” and inserting “2021”.
(d)
Enhancing state and local efforts— Section 204(e) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044c(e)) is amended by striking “2017” and inserting “2021”.
Sec. 306
Authorization of appropriations in support of the United States Advisory Council on Human Trafficking
removed
removed
Section 115 of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243), as amended by section 125, is further amended by adding at the end the following:
removed
“(i) Authorization of appropriations—There is authorized to be appropriated to the Secretary of State to carry out this section $250,000 for each of fiscal years 2018 through 2021, including to provide compensation to members of the Council in accordance with subsection (f).”
Sec. 307
Transparency in anti-trafficking expenditures
removed
(a)
removed
In general— Any amounts made available to the United States Agency for International Development for a fiscal year under an anti-trafficking law may only be obligated or expended after the Administrator of the Agency—
(1)
removed
submits to Congress a list of each contractor and subcontractor (at any tier) that received funds from the Agency under anti-trafficking laws in the prior fiscal year and the amount of funds so received; and
(2)
removed
publishes such list on a publicly available Internet Web site of the Agency that is dedicated to providing information about the anti-trafficking expenditures of the Agency.
(b)
removed
Anti-Trafficking law defined— For purposes of this section, the term anti-trafficking law means—
(1)
removed
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.), as amended by this Act;
(2)
removed
the Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108–193);
(3)
removed
the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164), as amended by this Act;
(4)
removed
the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457), as amended by this Act;
(5)
removed
the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4), as amended by this Act;
(6)
removed
the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (42 U.S.C. 16935 et seq.), as amended by this Act; or
(7)
removed
any other law authorizing programs, projects, or activities addressing severe forms of trafficking in persons or sex trafficking, as such terms are defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(c)
removed
Effective date— The limitation under subsection (a) shall apply with respect to amounts made available for any fiscal year beginning after the date of the enactment of this Act.