US Codex
Pub. L.
Notes

Title I — Combating Trafficking in Persons in the United States

115th Congress · Approved Jan 8, 2019 · 132 Stat. 5472 · Lineage

TITLE I Combating Trafficking in Persons in the United States

Subtitle A Programs to Support Victims and Persons Vulnerable to Human Trafficking

SEC. 101. Grants to Assist in the Recognition of Trafficking.

(a)
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)
by striking “ The President” and inserting the following:

“(1) In general.—The President”

; and

(2)
by adding at the end the following:

“(2) Grants to assist in the recognition of trafficking.—

“(A) Definitions.—In this paragraph:

“(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).

“(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 having a high rate of children involved in sex trafficking.

“(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)).

“(iv) School staff.—The term ‘school staff’ means teachers, nurses, school leaders and administrators, and other staff at elementary schools and secondary schools.

“(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) In general.—The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Secretary of Labor, may award grants to local educational agencies, in partnership with a nonprofit, nongovernmental agency, to establish, expand, and support programs—

“(i) to educate school staff to recognize and respond to signs of labor trafficking and sex trafficking; and

“(ii) to provide age-appropriate information to students on how to avoid becoming victims of labor trafficking and sex trafficking.

“(C) Program requirements.—Amounts awarded under this paragraph shall be used for—

“(i) education regarding—

“(I) avoiding becoming victims of labor trafficking and sex trafficking;

“(II) indicators that an individual is a victim or potential victim of labor trafficking or sex trafficking;

“(III) options and procedures for referring such an individual, as appropriate, to information on such trafficking and services available for victims of such trafficking;

“(IV) reporting requirements and procedures in accordance with applicable Federal and State law; and

“(V) how to carry out activities authorized under subparagraph (A)(ii); and

“(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.

“(D) Priority.—In awarding grants under this paragraph, the Secretary shall give priority to local educational agencies serving a high-intensity child sex trafficking area.”

(b)
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.

(a)
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—
(1)
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
(2)
any person who has information regarding a victim described in paragraph (1).
(b)
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, the Secretary of Homeland Security, 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)
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.

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:

“(i)

(I) between 12 and 24 years of age; and

“(II) homeless, in foster care, or involved in the criminal justice system;

“(ii) transitioning out of the foster care system; or

“(iii) women or girls in underserved populations.”

Subtitle B Governmental Efforts to Prevent Human Trafficking

SEC. 111. Required Training to Prevent Human Trafficking for Certain Contracting Air Carriers.

(a)
In General.— Section 40118 of title 49, United States Code, is amended by adding at the end the following:

“(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 submits to the Administrator of General Services, the Secretary of Transportation, the Administrator of the Transportation Security Administration, the Secretary of Labor and the Commissioner of U.S. Customs and Border Protection an annual report regarding—

“(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);

“(2) the number of notifications of potential human trafficking victims received from staff or other passengers; and

“(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.”

(b)
Applicability.— The amendment made by subsection (a) shall apply to any contract entered into after the date of enactment of this Act except for contracts entered into by the Secretary of Defense.

SEC. 112. Ensuring United States Procurement Does Not Fund Human Trafficking.

Section 106 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is amended by adding at the end the following:

“(k) Agency Action To Prevent Funding of Human Trafficking.—

“(1) In general.—At the end of each fiscal year, the Secretary of State, the Secretary of Labor, the Administrator of the United States Agency for International Development, and the Director of the Office of Management and Budget shall each submit a report to the Administrator of General Services that includes—

“(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—

“(i) subsection (g);

“(ii) title XVII of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104a et seq.); and

“(iii) any regulation in the Federal Acquisition Regulation (48 C.F.R. 1 et seq.) that is related to any subject matter referred to in clause (i) or (ii);

“(B) agency action to ensure that contractors are educated on the applicable laws and regulations listed in subparagraph (A);

“(C) agency action to ensure that the acquisition workforce and agency officials understand implementation of the laws and regulations listed in subparagraph (A), including best practices for—

“(i) ensuring compliance with such laws and regulations;

“(ii) assessing the serious, repeated, willful, or pervasive nature of any violation of such laws or regulations; and

“(iii) evaluating steps contractors have taken to correct any such violation;

“(D)

(i) the number of contracts containing language referring to the laws and regulations listed in subparagraph (A); and

“(ii) the number of contracts that did not contain any language referring to such laws and regulations;

“(E)

(i) the number of allegations of severe forms of trafficking in persons received; and

“(ii) the source type of the allegation (such as contractor, subcontractor, employee of contractor or subcontractor, or an individual outside of the contract);

“(F)

(i) the number of such allegations investigated by the agency;

“(ii) a summary of any findings from such investigations; and

“(iii) any improvements recommended by the agency to prevent such conduct from recurring;

“(G)

(i) the number of such allegations referred to the Attorney General for prosecution under section 3271 of title 18, United States Code; and

“(ii) the outcomes of such referrals;

“(H) any remedial action taken as a result of such investigation, including whether—

“(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

“(ii) a contract was terminated pursuant to subsection (g) as a result of such violation;

“(I) any other assistance offered to agency contractors to ensure compliance with a law or regulation relating to severe forms of trafficking in persons;

“(J) any interagency meetings or data sharing regarding suspended or disbarred contractors or subcontractors (at any tier) for severe forms of trafficking in persons; and

“(K) any contract with a contractor or subcontractor (at any tier) located outside the United States and the country location, where safe to reveal location, for each such contractor or subcontractor.

“(2) Appropriate congressional committees.—In this subsection, the term ‘appropriate congressional committees’ means—

“(A) the Committee on Foreign Affairs of the House of Representatives;

“(B) the Committee on Armed Services of the House of Representatives;

“(C) the Committee on Education and the Workforce of the House of Representatives;

“(D) the Committee on the Judiciary of the House of Representatives;

“(E) the Committee on Oversight and Government Reform of the House of Representatives;

“(F) the Committee on Foreign Relations of the Senate;

“(G) the Committee on Armed Services of the Senate;

“(H) the Committee on the Judiciary of the Senate; and

“(I) the Committee on Health, Education, Labor, and Pensions of the Senate.”

SEC. 113. Training Course on Human Trafficking and Government Contracting.

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, shall include at least 1 course, lasting at least 30 minutes, regarding the law and regulations relating to human trafficking and contracting with the Federal Government.

SEC. 114. Modifications to the Advisory Council on Human Trafficking.

The Survivors of Human Trafficking Empowerment Act (section 115 of Public Law 114–22; 129 Stat. 243) is amended—
(1)
in subsection (f), by amending paragraph (2) to read as follows:

“(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.”

; and

(2)
in subsection (h), by striking “ 2020” and inserting “ 2021”.

SEC. 115. Sense of Congress on the Senior Policy Operating Group.

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 Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) and the Justice for Victims of Trafficking Act (Public Law 114–22; 129 Stat. 227).

SEC. 116. Best Practices to Prevent Forced Child Labor Trafficking.

It is the sense of the Congress that—
(1)
the United States Government condemns, in the strongest terms, forced child labor, including in situations of trafficking; and
(2)
the President should work with the private sector to develop best practices and guidance for preventing forced child labor and indentured servitude, including in situations of trafficking.

Subtitle C Preventing Trafficking in Persons in the United States

SEC. 121. Demand Reduction Strategies in the United States.

(a)
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)
in subparagraph (Q)(vii), by striking “ and” at the end;
(2)
in subparagraph (R), by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following:

“(S) tactics and strategies employed by human trafficking task forces sponsored by the Department of Justice to reduce demand for trafficking victims.”

(b)
Report on State Enforcement.— Subsection (e)(1)(A) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709(e)(1)(A)) is amended—
(1)
in the matter preceding clause (i), by striking “ rates” and inserting “ number”;
(2)
by inserting “ , noting the number of covered offenders” after “ covered offense” each place such term appears;
(3)
in clause (i), by striking “ arrest” and inserting “ arrests”;
(4)
in clause (ii), by striking “ prosecution” and inserting “ prosecutions”; and
(5)
in clause (iii), by striking “ conviction” and inserting “ convictions”.

SEC. 122. Designation of a Labor Prosecutor to Enhance State and Local Efforts to Combat Trafficking in Persons.

Section 204(a)(1) of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20705(a)(1)) is amended—
(1)
in subparagraph (D), by striking “ and” at the end;
(2)
in subparagraph (E), by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following:

“(F) as appropriate, to designate at least 1 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.

Section 203(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(a)) is amended—
(1)
in paragraph (2)—
(A)
by striking “ for such period as the Secretary determines necessary” and inserting “ for a period of at least 1 year, except if the Secretary determines and reports to the appropriate congressional committees, in advance, the reasons a shorter period is in the national interest,”; and
(B)
by striking “ the Secretary determines” and all that follows and inserting “ there is an unpaid default or final civil judgement directly or indirectly related to human trafficking against the employer or a family member assigned to the embassy, or the diplomatic mission or international organization hosting the employer or family member has not responded affirmatively to a request to waive immunity within 6 weeks of the request in a case brought by the United States Government and the country that accredited the employer or family member or, in the case of international organizations, the country of citizenship, has not initiated prosecution against the employer or family member.”; and
(2)
in paragraph (3), by striking “ a mechanism is in place” and inserting “ , as applicable, the unpaid default judgment or final civil judgement has been resolved, the diplomatic mission or international organization hosting the employer or family member has waived immunity for the employer or family member or the country that accredited the employer or family member or the country of citizenship of the employer or family member completed the prosecution of the employer or family member, and the diplomatic mission or international organization hosting the employer or family member has a mechanism in place”.

SEC. 124. Actions Against Significant Traffickers in Persons.

Section 111(a)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108(a)(1)) is amended—
(1)
in the matter preceding subparagraph (A), by inserting “ , or section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114– 328; 22 U.S.C. 2656 note),” after “ 1701)” the second place it appears; and
(2)
by adding at the end the following:

“(D) Officials of a foreign government who participate in, facilitate, or condone severe forms of trafficking in persons for significant financial gain.”

Subtitle D Monitoring Child, Forced, and Slave Labor

SEC. 131. Sense of Congress.

It is the sense of Congress that—
(1)
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)
the Deputy Under Secretary of the Bureau of 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)
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. 132. Report on the Enforcement of Section 307 of the Tariff Act of 1930.

(a)
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 a report to the committees listed in subsection (b) that describes any obstacles or challenges to enforcing section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(b)
Committees.— The committees listed in this subsection are—
(1)
the Committee on Foreign Affairs of the House of Representatives;
(2)
the Committee on Financial Services of the House of Representatives;
(3)
the Committee on Energy and Commerce of the House of Representatives;
(4)
the Committee on the Judiciary of the House of Representatives;
(5)
the Committee on Ways and Means of the House of Representatives;
(6)
the Committee on Foreign Relations of the Senate;
(7)
the Committee on Health, Education, Labor, and Pensions of the Senate;
(8)
the Committee on Commerce, Science, and Transportation of the Senate;
(9)
the Committee on the Judiciary of the Senate; and
(10)
the Committee on Finance of the Senate.
(c)
Requirements.— The report required under subsection (a) shall—
(1)
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)
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)
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)
provide concrete, actual case studies or examples of how such provisions are enforced;
(5)
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)
identify any enforcement actions during the most recent 10 years, including—
(A)
the issuance of Withhold Release Orders;
(B)
the detention of shipments;
(C)
the issuance of civil penalties; and
(D)
the formal charging with criminal charges relating to the forced labor scheme taken as a result of petitions and investigations identified pursuant to paragraph (5), organized by type of action, date of action, commodity, and country of origin;
(7)
with respect to any relevant petition filed during the 10-year period immediately preceding 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)
identify any gaps that may exist in enforcement of such provisions;
(9)
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)
based on the information required under paragraphs (1) through (9)—
(A)
identify any regulatory obstacles or challenges to enforcement of such provisions; and
(B)
provide recommendations for actions that could be taken by the relevant Federal departments and agencies to overcome such obstacles.

SEC. 133. Modification to List of Child-Made and Slavery-Made Goods.

(a)
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)
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, 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).