US Codex
Pub. L.
Notes

Title II — Fighting Human Trafficking Abroad

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

TITLE II Fighting Human Trafficking Abroad

Subtitle A Efforts to Combat Trafficking

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.

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.

Section 108(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)) is amended—
(1)
in paragraph (1)—
(A)
by striking “ the capacity” and inserting “ a demonstrably increasing capacity”; and
(B)
by striking the last sentence; and
(2)
in paragraph (7)—
(A)
by striking “ consistent with its resources” and inserting “ , consistent with a demonstrably increasing capacity of such government to obtain such data,”; and
(B)
by striking the last sentence.

SEC. 203. Appropriate Listing of Governments Involved in Human Trafficking.

Section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) is amended—
(1)
in paragraph (2)—
(A)
in subparagraph (A)(iii)(I)—
(i)
by striking “ absolute” and inserting “ estimated”; and
(ii)
by inserting “ and the country is not taking proportional concrete actions” before the semicolon at the end; and
(B)
by adding at the end the following:

“(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 may not be included on the special watch list described in subparagraph (A)(iii) for more than 1 consecutive year after the country—

“(i) was included on the special watch list described in subparagraph (A)(iii) for—

“(I) 2 consecutive years after the date of the enactment of subparagraph (D); and

“(II) any additional years after such date of enactment as a result of the President exercising the waiver authority under subparagraph (D)(ii); and

“(ii) was subsequently included on the list of countries described in paragraph (1)(C).”

; and

(2)
in paragraph (3)—
(A)
by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii) and moving such clauses 2 ems to the right;
(B)
in the matter preceding clause (i), as redesignated, by striking “ In determinations” and inserting the following:

“(A) In general.—In determinations”

; and

(C)
by adding at the end the following:

“(B) Proof of failure to make significant efforts.—In addition to the considerations described in clauses (i), (ii), and (iii) of subparagraph (A), in determinations under paragraph (1)(C) as to whether the government of a country is not making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking, the Secretary of State shall consider, as proof of failure to make significant efforts, a government policy or pattern of—

“(i) trafficking;

“(ii) trafficking in government-funded programs;

“(iii) forced labor (in government-affiliated medical services, agriculture, forestry, mining, construction, or other sectors);

“(iv) sexual slavery in government camps, compounds, or outposts; or

“(v) employing or recruiting child soldiers.”

SEC. 204. Requirements for Strategies to Prevent Trafficking.

(a)
Report on New Practices To Combat Trafficking.—
(1)
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 a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that—
(A)
describes any practices adopted by the Department of State or the United States Agency for International Development 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)
if no practices referred to in subparagraph (A) have been adopted, includes a strategy to reduce the risk of trafficking in such areas.
(2)
Public availability.— Each report submitted under paragraph (1) shall be posted on a publicly available internet website of the Department of State.
(b)
Child Protection Strategies in Watch List Countries.—
(1)
In general.— The Administrator of the United States Agency for International Development shall incorporate into the relevant country development cooperation strategy for each country on the list described in paragraph (1)(C) of section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) or the special watch list described in paragraph (2)(A)(iii) of such section, strategies for the protection of children and the reduction of the risk of trafficking.
(2)
Components.— The child protection and trafficking reduction strategies required under paragraph (1) shall—
(A)
address the root causes of insecurity that leave children and youth vulnerable to trafficking; and
(B)
include common metrics and indicators to monitor progress across Federal agencies to prevent, address, and end violence against children and youth globally in post-conflict and post-disaster areas.

SEC. 205. Briefing on Countries with Primarily Migrant Workforces.

Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall provide a briefing to the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that includes, with respect to each country that has a domestic workforce of which more than 80 percent are third-country nationals—
(1)
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; and
(2)
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. 206. Report on Recipients of Funding from the United States Agency for International Development.

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 a report to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that describes, with respect to the prior fiscal year—
(1)
each obligation or expenditure of Federal funds by the Agency for the purpose of combating human trafficking and forced labor; and
(2)
with respect to each such obligation or expenditure, the program, project, activity, primary recipient, and any subgrantees or subcontractors.

Subtitle B Child Soldier Prevention Act of 2018

SEC. 211. Findings.

Congress finds the following:
(1)
The recruitment or use of children in armed conflict is unacceptable for any government or government-supported entity receiving United States assistance.
(2)
The recruitment or use of children in armed conflict, including direct combat, support roles, and sexual slavery, occurred during 2016 or 2017 in Afghanistan, Iran, Mali, Niger, South Sudan, Sudan, Burma, the Democratic Republic of the Congo, Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.
(3)
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)
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 and other opposition groups.
(5)
In February 2016, a 10-year-old boy was assassinated by the Taliban after he had been publicly honored by Afghan local police forces for his assistance in combat operations against the Taliban.
(6)
Recruitment and use of children in armed conflict by government forces has continued in South Sudan with the return to hostilities.
(7)
At least 19,000 children have been recruited since South Sudan’s civil war began in 2013.

SEC. 212. Amendments to the Child Soldiers Prevention Act of 2008.

(a)
Definitions.— Section 402(2) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c(2)) is amended—
(1)
in subparagraph (A), by inserting “ , police, or other security forces” after “ governmental armed forces” each place such term appears; and
(2)
in subparagraph (B), by striking “ clauses” and inserting “ clause”.
(b)
Prohibition.— Section 404 of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–1) is amended—
(1)
in subsection (a)—
(A)
by inserting “ , police, or other security forces,” after “ governmental armed forces”; and
(B)
by striking “ recruit and use child soldiers” and inserting “ recruit or use child soldiers”;
(2)
in subsection (b), by amending paragraph (2) to read as follows:

“(2) Notification.—

“(A) In general.—Not later than 45 days after the date on which each report is submitted under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)), the Secretary of State shall formally notify each government included in the list under paragraph (1) that such government is included in such list.

“(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)
in subsection (c)(1), by inserting before the period at the end 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)
in subsection (e)(1), in the matter preceding subparagraph (A), 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, United States Code), to a country subject to the prohibition under subsection (a)”.
(c)
Reports.— Section 405 of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–2) is amended—
(1)
in subsection (c)—
(A)
in the matter preceding paragraph (1)—
(i)
by striking “ , during any of the 5 years following the date of the enactment of this Act,”; and
(ii)
by striking “ wavier” and inserting “ waiver”;
(B)
by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;
(C)
by inserting after paragraph (1) the following:

“(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);”

; and

(D)
in paragraph (5), as redesignated, by inserting “ and the amount” after “ a description”; and
(2)
by adding at the end the following:

“(d) Information to Be Included in Annual Trafficking in Persons Report.—If the Secretary of State notifies a country pursuant to section 404(b)(2), or the President grants a waiver 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).”

(d)
Elimination of Child Sexual Assault by Afghan Security Forces.—
(1)
Sense of congress.— It is the sense of Congress that the Department of State and the Department of Defense should fully implement the recommendations in the Special Inspector General for Afghanistan Reconstruction’s 2017 report on Child Sexual Assault in Afghanistan.
(2)
Report on status of implementation of recommendations.— Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall report to the appropriate congressional committees on the status of implementation, within their respective departments, of each recommendation included in the report referenced in paragraph (1).
(3)
Report on interagency efforts to monitor abuses.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall report to the appropriate congressional committees on the status of interagency efforts to establish effective, coherent, and discrete reporting by United States personnel on child sexual abuse by Afghan security forces with whom they train or advise or to whom they provide assistance.
(4)
Prioritization at ministerial conference on afghanistan.— The Department of State shall ensure that the issue of child sexual assault by Afghan security forces is incorporated and elevated as an issue of international concern and focus at the next Ministerial Conference on Afghanistan, scheduled for November 27-28, 2018, in Geneva, Switzerland, with the goal of ending the illegal but ongoing practice known as “bacha bazi”.
(5)
Appropriate congressional committees defined.— In this subsection, the term “appropriate congressional committees” means—
(A)
the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(B)
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.