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H.R. 2200 - Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2017

Introduced: 2017-07-13
Bill Status: Placed on Senate Legislative Calendar under General Orders. Calendar No. 628.
 

Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2017

This bill authorizes local educational agencies to establish programs to educate children on the dangers of severe forms of trafficking in persons.

Diplomatic or consular posts shall designate an employee to receive information from any person who was a victim of a severe form of trafficking in persons while in the United States.

The Department of Health and Human Services may carry out a Human Trafficking Victims Reintegration Through Employment Program.

Department of Justice (DOJ) victim services grants may be used for programs that provide trauma-informed care or long-term housing for: (1) youth transitioning from foster care, and (2) women or girls in underserved populations.

Airlines that contract with the federal government shall provide personnel with training in recognizing human trafficking incidents.

Federal Acquisition Institute curricula for the acquisition workforce shall include a course on the law relating to human trafficking and government contracting.

The United States Advisory Council on Human Trafficking Council is extended to September 30, 2020.

The bill sets forth agency actions to prevent funding of human trafficking.

DOJ law enforcement grants may be used to designate at least one prosecutor for cases of severe forms of trafficking in persons.

Civil damages awarded in an action brought for slavery or trafficking in persons are excluded from gross income.

The Secretary of the Treasury and the United States Trade Representative are included in the Interagency Task Force to Monitor and Combat Trafficking.

The bill provides for transparency in U.S. Agency for International Development anti-trafficking expenditures.

The bill authorizes appropriations through FY2021 for: (1) specified anti-trafficking programs and entities, and (2) U.S. Customs and Border Protection for on-site anti-trafficking training for airport and airline personnel.

Full Text

Calendar No. 628

115th CONGRESS
2d Session
H. R. 2200


    To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.


IN THE SENATE OF THE UNITED STATES

July 13, 2017

    Received; read twice and referred to the Committee on Foreign Relations

October 10, 2018

    Reported by Mr. Corker, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


AN ACT

    To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2017”.

SEC. 2. Table of contents.

The table of contents for this Act is as follows:


TITLE I—COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

Subtitle A—Programs To support victims and persons vulnerable to human trafficking


Subtitle B—Governmental efforts To prevent human trafficking


Subtitle C—Preventing trafficking in persons in the United States


Subtitle D—Monitoring child, forced, and slave labor


TITLE II—FIGHTING HUMAN TRAFFICKING ABROAD

Subtitle A—Efforts To combat trafficking


Subtitle B—Child Soldier Prevention Act of 2017


TITLE III—AUTHORIZATION OF APPROPRIATIONS

TITLE ICombating trafficking in persons in the United States

subtitle APrograms 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) 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—

“(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.

“(B) PROGRAM REQUIREMENTS.—Amounts awarded under this paragraph shall be used for—

“(i) education on—

“(I) how to avoid 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.

“(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.

“(D) 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 a high-intensity child prostitution area.

“(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) 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 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) 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) 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:

““programs for victims of human trafficking, including programs that provide trauma-informed care or long-term housing options to such victims who are—

“(i) between the ages of 12 and 24 and who are 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 BGovernmental 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 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—

“(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.

(c) Exception.—The amendment made by subsection (a) shall not apply to any contract entered into by the Secretary of Defense.

SEC. 112. Priority for use of funds for lodging expenses at accommodations lacking certain policies relating to child sexual exploitation.

(a) In general.—Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following:

§ 5713. Priority for use of funds for lodging expenses at accommodations lacking certain policies relating to child sexual exploitation.

“(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.

“(b) Preferred place of accommodation defined.—In this section, ‘preferred place of accommodation’ means a commercial place of accommodation that—

“(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;

“(2) has procedures in place to identify and report any such exploitation to the appropriate authorities;

“(3) makes training materials available to all employees to prevent such exploitation;

“(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;

“(5) protects employees who report suspected cases of such exploitation according to the protocol identified in training; and

“(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.

“(c) Regulations required.—The Administrator of General Services shall—

“(1) maintain a list of each preferred place of accommodation; and

“(2) issue such regulations as are necessary to carry out this section.”.

(b) Conforming amendment.—The table of sections for subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following new item:

“5713. Priority for use of funds for lodging expenses at accommodations lacking certain policies relating to child sexual exploitation.”.

SEC. 113. 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 new subsection:

“(k) Agency action To prevent funding of human trafficking.—

“(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:

“(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)).

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

“(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—

“(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) 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).

“(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).

“(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.

“(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.

“(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.

“(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.

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

“(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

“(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.”.

SEC. 114. 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 one course, which shall be at least 30 minutes, on the law and regulations relating to human trafficking and Government contracting.

SEC. 115. Modifications to the advisory council on human trafficking.

Section 115 of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243) is amended—

(1) in subsection (f)(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. 116. Sense of Congress on strengthening Federal efforts to reduce demand.

It is the sense of Congress that—

(1) 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) explain the circumstances under which sex buyers are considered parties to the crime of trafficking;

(B) provide best practices for arresting or prosecuting buyers of illegal sex acts as a form of sex trafficking prevention; and

(C) specify that any comprehensive approach to eliminating sex and labor trafficking must include a demand reduction component; and

(2) 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.

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.).

subtitle CPreventing 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 new subparagraph:

“(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.—Section 114(e)(1)(A) of the Justice for Victims of Trafficking Act of 2015 (42 U.S.C. 14044g(e)(1)(A)) is amended—

(1) by inserting “, noting the number of covered offenders” after “covered offense” in each place it occurs;

(2) in the matter preceding clause (i), by striking “rates” and inserting “number”;

(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 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 new subparagraph:

“(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.

Subsection (a) of section 203 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375c) is amended—

(1) in paragraph (2)—

(A) 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) 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) in paragraph (3)—

(A) by striking “is in place”; and

(B) 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. 124. Ensuring that traffickers help pay for care for victims.

Section 3014(a) of title 18, United States Code, is amended by striking “2019” and inserting “2021”.

subtitle DMonitoring 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 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) Committees.—The committees listed in this subsection are—

(1) 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) 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) 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, 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) 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) 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 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. 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(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).

TITLE IIFighting Human Trafficking Abroad

subtitle AEfforts 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.

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.

Subsection (b) of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) is amended as follows:

(1) In paragraph (1)—

(A) in subparagraph (C)—

(i) by striking “and whose governments do not” and inserting the following: ““and whose governments—

“(i) do not”; and

(ii) by adding at the end the following new clauses:

“(ii) tolerate trafficking in government-funded programs; or

“(iii) have a government-supported practice of—

“(I) trafficking;

“(II) facilitating the use of forced labor (such as in agriculture, forestry, mining, or construction);

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

“(IV) employing child soldiers;”;

(B) in subparagraph (F), by striking “and” at the end;

(C) in subparagraph (G), by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following:

“(H) for each country included in a different list than the country had been placed in the previous annual report, a detailed explanation of how the concrete actions (or lack of such actions) undertaken by the country during the previous reporting period contributed to such change, including a clear linkage between such actions and the minimum standards enumerated in section 108.”.

(2) In paragraph (2)—

(A) in subparagraph (A)(iii)—

(i) in subclause (I)—

(I) 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) by adding “or” at the end;

(ii) in subclause (II), by striking “; or” and inserting a period; and

(iii) by striking subclause (III);

(B) in subparagraph (B), by striking “the last annual report” and inserting “April 1 of the previous year”;

(C) in subparagraph (D)—

(i) in clause (i), by striking “the date of the enactment of this subparagraph,” and all that follows and inserting—

“ the date of the enactment of this subparagraph—

“(I) shall be included on the list of countries described in paragraph (1)(C); and

“(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) in clause (ii)—

(I) by striking “2 years” and inserting “1 year”;

(II) in subclause (II), by striking “and”;

(III) in subclause (III), by striking the period at the end and inserting “; and”; and

(IV) by adding at the end the following:

“(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.”; and

(iii) by adding at the end the following:

“(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) in subparagraph (E)—

(i) by striking “through (III)” and inserting “through (IV)”; and

(ii) 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—

“(i) a detailed description of the credible evidence supporting such determination;

“(ii) the written plan submitted by the country under subparagraph (D)(ii)(I); and

“(iii) supporting documentation providing credible evidence of—

“(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

“(II) any actions taken by that country to enforce the minimum standards for the elimination of trafficking, as appropriate.”.

(E) by adding at the end the following new subparagraph:

“(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—

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

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

“(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

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

may not thereafter be included on the special watch list described in subparagraph (A) for more than 1 consecutive year.”.

(3) In paragraph (3)—

(A) in subparagraph (B), by striking “and” at the end;

(B) in subparagraph (C), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

“(D) the extent to which the government of the country is devoting sufficient budgetary resources—

“(i) to investigate and prosecute acts of severe trafficking in persons;

“(ii) to convict and sentence persons responsible for such acts; and

“(iii) to obtain restitution for victims of human trafficking;

“(E) the extent to which the government of the country is devoting sufficient budgetary resources—

“(i) to protect and rehabilitate victims of trafficking in persons; and

“(ii) to prevent trafficking in persons;

“(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

“(G) whether—

“(i) government officials participate in or facilitate forced labor and human trafficking; and

“(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) By adding at the end the following:

“(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—

“(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

“(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).

“(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).

“(6) DEFINITIONS.—In this subsection:

“(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:

“(i) Enforcement actions taken.

“(ii) Investigations actively underway.

“(iii) Prosecutions conducted.

“(iv) Convictions attained.

“(v) Training provided.

“(vi) Programs and partnerships actively underway.

“(vii) Victim services offered, including immigration services and restitution.

“(viii) The amount of money the government in question has committed to the actions described in clauses (i) through (vii).

“(ix) An assessment of the impact of such actions on the prevalence of human trafficking in the country.

“(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—

“(i) reports by the Department of State;

“(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;

“(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;

“(iv) materials developed by civil society organizations;

“(v) information from survivors of human trafficking, vulnerable persons, and whistleblowers;

“(vi) all relevant media and academic reports that, in light of reason and common sense, are worthy of belief; and

“(vii) information developed by multilateral institutions.”.

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 to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report—

(A) 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) if no such practices have been adopted, including 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.—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.

Paragraph (5) of section 36(k) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)) is amended—

(1) in the matter preceding subparagraph (A), by striking “means”;

(2) 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) by inserting before clause (i), as so redesignated, the following:

“(A) means—”;

(4) in clause (ii), as so redesignated, by striking the period at the end and inserting “; and”; and

(5) by adding at the end following new subparagraph:

“(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.

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) 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) 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.

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) 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 sub-grantees or sub-contractors.

subtitle BChild Soldier Prevention Act of 2017

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 2015–2016 in Afghanistan, 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 as well as by other opposition groups.

(5) 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) Recruitment and use of children in armed conflict by government forces has continued in 2016 in South Sudan with the return to hostilities.

(7) 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) 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) 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) by amending subsection (b)(2) to read as follows:

“(2) NOTIFICATION.—

“(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.

“(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 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) 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) 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), by striking “, during any of the 5 years following the date of the enactment of this Act,”;

(B) by redesignating paragraphs (2) through (4) as paragraphs (3) through (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 so 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 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.”.

TITLE IIIAuthorization of Appropriations

SEC. 301. Authorization of appropriations under the Trafficking Victims Protection Act of 2000.

(a) In general.—Section 113 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is 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) IN GENERAL.—Section 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) Child trafficking deterrence program.—Section 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. 303. Authorization of appropriations for enhancing efforts to combat the trafficking of children.

Section 235(c)(6)(F) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(F)) is amended—

(1) in the matter preceding clause (i), by inserting “of Health” after “Secretary”; and

(2) in clause (ii), by striking “and 2017” and inserting “through 2021”.

SEC. 304. Authorization of appropriations under the International Megan’s Law.

Section 11 of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (42 U.S.C. 16935h) is amended by striking “and 2018” and inserting “through 2021”.

SEC. 305. Authorization of appropriations for airport personnel training to identify and report human trafficking victims.

There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection $250,000 for each of fiscal years 2017 through 2021 to expand outreach and live on-site anti-trafficking training for airport and airline personnel.

SECTION 1. Short title.

This Act may be cited as the “Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018”.

SEC. 2. Table of contents.

The table of contents for this Act is as follows:


TITLE I—COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

Subtitle A—Programs to support victims and persons vulnerable to human trafficking


Subtitle B—Governmental efforts to prevent human trafficking

Sec. 118. Best practices to prevent forced child labor trafficking.

Subtitle C—Preventing trafficking in persons in the United States

Sec. 124. Actions against significant traffickers in persons.

Subtitle D—Monitoring child, forced, and slave labor


TITLE II—FIGHTING HUMAN TRAFFICKING ABROAD

Subtitle A—Efforts to combat trafficking


Subtitle B—Child Soldier Prevention Act of 2018


TITLE III—AUTHORIZATION OF APPROPRIATIONS

TITLE ICombating trafficking in persons in the United States

subtitle APrograms 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 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: “programs for victims of human trafficking, including programs that provide trauma-informed care or housing options to such victims who are—

“(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 BGovernmental 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, 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. Priority for accommodation in places with certain policies relating to child sexual exploitation.

(a) In general.—Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following:

§ 5712. Priority for accommodation in places with certain policies relating to child sexual exploitation.

“(a) In general.—For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure, to the extent practicable, that commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation.

“(b) Eligibility as a preferred place of accommodation.—A hotel, motel, or another place of public accommodation shall be considered a preferred place of accommodation if it—

“(1) enforces a zero-tolerance policy 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))) developed by the Administrator of General Services under subsection (c)(1), or a similar zero-tolerance policy developed by the place of accommodation, which shall be demonstrated by—

“(A) attesting through the General Services Administration’s website of the use of such zero-tolerance policy;

“(B) posting such policy in a nonpublic space within the place of accommodation that is accessible by all employees; or

“(C) including such policy in the employee handbook;

“(2) has procedures in place for employees to identify and report any such exploitation to the appropriate law enforcement authorities and hotel management;

“(3) posts the informational materials developed under subsection (c)(3) in an appropriate nonpublic space within the place of accommodation that is accessible by all employees;

“(4) requires each employee who is physically located at the place of accommodation and is likely to interact with guests, including security, front desk, housekeeping, room service, and bell staff, to complete the training described in subsection (c)(2), (c)(3), or (d), which shall—

“(A) take place—

“(i) not later than 180 days after the starting date of the employee; or

“(ii) in the case of an employee starting employment before the effective date of this section, not later than 180 days after the date of the enactment of this section;

“(B) include training on—

“(i) the identification of possible cases of sexual exploitation of children; and

“(ii) procedures to report suspected abuse to the appropriate authorities;

“(5) includes a notice to all independent contractors in any agreement negotiated or renewed on or after the date of the enactment of this section that states ‘Federal law prohibits the trafficking of humans under the Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.)’;

“(6) ensures that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to the protocol identified in the employee training; and

“(7) keeps records, to the extent permissible by law and on an individual hotel property basis, of each suspected case of such exploitation that is reported to accommodation management or law enforcement, including the date and approximate time of such report, and the name of the accommodation manager or law enforcement agency to which the report was made.

“(c) GSA requirements.—The Administrator of General Services shall—

“(1) develop, and make available on the General Services Administration publicly accessible website, a zero-tolerance policy for places of accommodation 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))), including informational materials regarding such policy that could be posted in places of accommodation in nonpublic spaces;

“(2) make available on the website described in paragraph (1) a list of Federal Government and privately developed training programs that address—

“(A) the identification of possible cases of sexual exploitation of children; and

“(B) reporting such cases to law enforcement authorities;

“(3) coordinate with the Department of Homeland Security’s Blue Campaign to develop—

“(A) training materials on preventing the sexual exploitation of children; and

“(B) informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of sexual exploitation of children and reporting possible incidences of such exploitation; and

“(4) identify, and maintain a list of, each preferred place of accommodation that meets the requirements described in subsection (b) by examining places of accommodation that—

“(A) are enrolled in Federal Government travel programs, such as FedRooms;

“(B) are included on the Federal Emergency Management Agency’s Hotel-Motel National Master List (commonly known as the ‘Fire Safe List’); or

“(C) received Federal Government travel business during the 2-year period immediately preceding the date of the enactment of this section.

“(d) Training programs.—A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements under subsection (b)(4) if such training program—

“(1) focuses on identifying and reporting suspected cases of sexual exploitation of children; and

“(2) was developed in consultation with a globally or nationally recognized organization with expertise in anti-trafficking initiatives.

“(e) Previously trained employees.—

“(1) PRIOR TRAINING.—Any employee of a place of accommodation who was trained to identify and report potential sexual exploitation of children before the effective date of this section shall be considered to have met the training requirement under subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity.

“(2) TRAINING PRIOR TO TRANSFER OF EMPLOYMENT.—Any employee of a place of accommodation who has met the training requirements under subsection (b)(4) shall be considered to have met such requirements with respect to any employment at a place of accommodation managed by the same entity.

“(f) Property-by-property implementation.—Compliance with the requirements under this section shall be assessed and enforced separately for each place of accommodation. Lack of compliance by 1 place of accommodation shall not impact the eligibility of affiliated places of accommodation to receive funds for Federal employee travel. Lack of compliance by a franchisee shall not impact the eligibility of the respective franchisor for other places of accommodation affiliated with that franchisor.

“(g) Rule of construction.—Nothing in this section that applies to an employee of a place of accommodation may be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation.”.

(b) Conforming amendment.—The table of sections for subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following:

“5712. Priority for accommodation in places with certain policies relating to child sexual exploitation.”.

(c) Rulemaking.—The Administrator of General Services shall issue such regulations as are necessary to carry out section 5712 of title 5, United States Code, as added by subsection (a).

(d) Effective date.—Section 5712(a) of title 5, United States Code, as added by subsection (a), shall take effect on the later of—

(1) the date that is 1 year after the date of the enactment of this Act; and

(2) 60 days after the completion of the requirements under subsection (c) of such section.

SEC. 113. 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. 114. 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. 115. 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. 116. Sense of Congress on strengthening Federal efforts to reduce demand.

It is the sense of Congress that—

(1) all Federal anti-trafficking training, including training under subsection (c) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709(c)) and 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) explain the circumstances under which sex buyers are considered parties to the crime of trafficking;

(B) provide best practices for arresting or prosecuting buyers of illegal sex acts as a form of sex trafficking prevention; and

(C) specify that any comprehensive approach to eliminating sex and labor trafficking must include a demand reduction component; and

(2) 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.

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. 118. 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 CPreventing 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 DMonitoring 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).

TITLE IIFighting human trafficking abroad

subtitle AEfforts 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 BChild 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.

TITLE IIIAuthorization of appropriations

SEC. 301. Authorization of appropriations under the Trafficking Victims Protection Act of 2000.

Section 113 of the Trafficking Victims Prevention Act of 2000 (22 U.S.C. 7110) is amended—

(1) by amending subsection (a) to read as follows:

“(a) Authorization of appropriations in support of the task force.—There are authorized to be appropriated to the Department of State, for each of the fiscal years 2018 through 2021, $13,822,000 for Diplomatic and Consular Programs of the Office to Monitor and Combat Trafficking in Persons, which shall be used to carry out sections 105(e), 105(f), and 110, including for additional personnel.”;

(2) in subsection (b)(1), by striking “$14,500,000 for each of the fiscal years 2014 through 2017” and inserting “$19,500,000 for each of the fiscal years 2018 through 2021, of which $3,500,000 is authorized to be appropriated for each fiscal year for the National Human Trafficking Hotline.”;

(3) in subsection (c), by amending paragraph (1) to read as follows:

“(1) ASSISTANCE TO COMBAT TRAFFICKING.—There are authorized to be appropriated to the Department of State, for each of the fiscal years 2018 through 2021, $65,000,000, which shall be used—

“(A) to carry out sections 106 and 107(a);

“(B) to carry out section 134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d);

“(C) to assist countries in meeting the minimum standards described in section 108; and

“(D) for programs and activities on prevention, protection, and prosecution to combat all forms of trafficking in persons internationally, including training activities for law enforcement officers, prosecutors, and members of the judiciary with respect to trafficking in persons at the International Law Enforcement Academies.”; and

(4) in subsection (f), by striking “2014 through 2017” and inserting “2018 through 2021.”.

SEC. 302. Authorization of appropriations under the International Megan’s Law.

Section 11 of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking “2017 and 2018” and inserting “2018 through 2021”.

SEC. 303. Authorization of appropriations for airport personnel training to identify and report human trafficking victims.

There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection $250,000 for each of the fiscal years 2018 through 2021 to expand outreach and live on-site anti-trafficking training for airport and airline personnel.


Calendar No. 628

115th CONGRESS
     2d Session
H. R. 2200

AN ACT
    To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.

October 10, 2018
    Reported with an amendment

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