S. 920 — what changed

added The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended—

added “(H) effective counter-trafficking in persons policies and programs.”

added “(A) the funds”

added “(B) in carrying out the provisions of this chapter, the President shall, to the greatest extent possible—

added “(i) ensure that assistance made available under this section does not create or contribute to conditions that can be reasonably expected to result in an increase in trafficking in persons who are in conditions of heightened vulnerability as a result of natural and manmade disasters; and

added “(ii) integrate appropriate protections into the planning and execution of activities authorized under this chapter.”

added “(A) Submission of list—Not later than the date on which the determinations described in subsections (c) and (d) are submitted to the appropriate congressional committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary determines require special scrutiny during the following year. Such list shall be composed of countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report because—

added “(i) the estimated number of victims of severe forms of trafficking is very significant or is significantly increasing and the country is not taking proportional concrete actions; or

added “(ii) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials.”

added “(1) Withholding of assistance—The President has determined that—

added “(A) the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the central government of the country or funding to facilitate the participation by officials or employees of such central government in educational and cultural exchange programs, for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; and

added “(B) the President will instruct the United States Executive Director of each multilateral development bank and of the International Monetary Fund to vote against, and to use the Executive Director’s best efforts to deny, any loan or other utilization of the funds of the respective institution to that country (other than for humanitarian assistance, for trade-related assistance, or for development assistance that directly addresses basic human needs, is not administered by the central government of the sanctioned country, and is not provided for the benefit of that government) for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance.”

added “(10) Nonhumanitarian, nontrade-related foreign assistance

added “(A) In general—The term nonhumanitarian, nontrade-related foreign assistance means—

added “(i) sales, or financing on any terms, under the Arms Export Control Act (22 U.S.C. 2751 et seq.), other than sales or financing provided for narcotics-related purposes following notification in accordance with the prior notification procedures applicable to reprogrammings pursuant to section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1); or

added “(ii) United States foreign assistance, other than—

added “(I) with respect to the Foreign Assistance Act of 1961—

added “(aa) assistance for international narcotics and law enforcement under chapter 8 of part I of such Act (22 U.S.C. 2291 et seq.);

added “(bb) assistance for International Disaster Assistance under subsections (b) and (c) of section 491 of such Act (22 U.S.C. 2292);

added “(cc) antiterrorism assistance under chapter 8 of part II of such Act (22 U.S.C. 2349aa et seq.); and

added “(dd) health programs under chapters 1 and 10 of part I and chapter 4 of part II of such Act (22 U.S.C. 2151 et seq.);

added “(II) assistance under the Food for Peace Act (7 U.S.C. 1691 et seq.);

added “(III) assistance under sections 2(a), (b), and (c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(a), (b), (c)) to meet refugee and migration needs;

added “(IV) any form of United States foreign assistance provided through nongovernmental organizations, international organizations, or private sector partners—

added “(aa) to combat human and wildlife trafficking;

added “(bb) to promote food security;

added “(cc) to respond to emergencies;

added “(dd) to provide humanitarian assistance;

added “(ee) to address basic human needs, including for education;

added “(ff) to advance global health security; or

added “(gg) to promote trade; and

added “(V) any other form of United States foreign assistance that the President determines, by not later than October 1 of each fiscal year, is necessary to advance the security, economic, humanitarian, or global health interests of the United States without compromising the steadfast United States commitment to combating human trafficking globally.

added “(B) Exclusions—The term nonhumanitarian, nontrade-related foreign assistance shall not include payments to or the participation of government entities necessary or incidental to the implementation of a program that is otherwise consistent with section 110.”

added Section 203(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(b)) is amended by inserting after paragraph (4) the following:

added “(5) National expansion of In-Person Registration Program—The Secretary shall administer the Domestic Worker In-Person Registration Program for employees with A–3 visas or G–5 visas employed by accredited foreign mission members or international organization employees and shall expand this program nationally, which shall include—

added “(A) after the arrival of each such employee in the United States, and annually during the course of such employee’s employment, a description of the rights of such employee under applicable Federal and State law;

added “(B) provision of a copy of the pamphlet developed pursuant to section 202 to the employee with an A–3 visa or a G–5 visa; and

added “(C) information on how to contact the National Human Trafficking Hotline.

added “(6) Monitoring and training of A–3 and G–5 visa employers accredited to foreign missions and international organizations—The Secretary shall—

added “(A) inform embassies, international organizations, and foreign missions of the rights of A–3 and G–5 domestic workers under the applicable labor laws of the United States, including the fair labor standards described in the pamphlet developed pursuant to section 202 and material on labor standards and labor rights of domestic worker employees who hold A–3 and G–5 visas;

added “(B) inform embassies, international organizations, and foreign missions of the potential consequences to individuals holding a nonimmigrant visa issued pursuant to subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) who violate the laws described in subclause (I)(aa), including (at the discretion of the Secretary)—

added “(i) the suspension of A–3 visas and G–5 visas;

added “(ii) request for waiver of immunity;

added “(iii) criminal prosecution;

added “(iv) civil damages; and

added “(v) permanent revocation of or refusal to renew the visa of the accredited foreign mission or international organization employee; and

added “(C) require all accredited foreign mission and international organization employers of individuals holding A–3 visas or G–5 visas to report the wages paid to such employees on an annual basis.”

added Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended—

added “(I) information about the trafficking in persons for the purpose of organ removal, including cases and steps governments are undertaking to prevent, identify, and eliminate such trafficking.”

added Sections 204(b) and 206, and the amendments made by those sections, take effect on the date that is the first day of the first full reporting period for the report required under section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) after the date of the enactment of this Act.

added Not later than 30 days after the public designation of country tier rankings and subsequent publishing of the Trafficking in Persons Report, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—

added Not later than 30 days after the President has determined to issue a waiver under section 110(d)(5) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d)(5)), the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—