[115th Congress Public Law 425]
[From the U.S. Government Publishing Office]
[[Page 5471]]
FREDERICK DOUGLASS TRAFFICKING VICTIMS PREVENTION AND PROTECTION
REAUTHORIZATION ACT OF 2018
[[Page 132 STAT. 5472]]
Public Law 115-425
115th Congress
An Act
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes. <<NOTE: Jan. 8, 2019 - [H.R. 2200]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Frederick
Douglass Trafficking Victims Prevention and Protection Reauthorization
Act of 2018.>>
SECTION 1. <<NOTE: 22 USC 7101 note.>> 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:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs to Support Victims and Persons Vulnerable to Human
Trafficking
Sec. 101. Grants to assist in the recognition of trafficking.
Sec. 102. Preventing future trafficking in the United States through
receipt of complaints abroad.
Sec. 103. Modification to grants for victims services.
Subtitle B--Governmental Efforts to Prevent Human Trafficking
Sec. 111. Required training to prevent human trafficking for certain
contracting air carriers.
Sec. 112. Ensuring United States procurement does not fund human
trafficking.
Sec. 113. Training course on human trafficking and government
contracting.
Sec. 114. Modifications to the Advisory Council on Human Trafficking.
Sec. 115. Sense of Congress on the Senior Policy Operating Group.
Sec. 116. Best practices to prevent forced child labor trafficking.
Subtitle C--Preventing Trafficking in Persons in the United States
Sec. 121. Demand reduction strategies in the United States.
Sec. 122. Designation of a labor prosecutor to enhance State and local
efforts to combat trafficking in persons.
Sec. 123. Preventing human trafficking in foreign missions and
diplomatic households.
Sec. 124. Actions against significant traffickers in persons.
Subtitle D--Monitoring Child, Forced, and Slave Labor
Sec. 131. Sense of Congress.
Sec. 132. Report on the enforcement of section 307 of the Tariff Act of
1930.
Sec. 133. Modification to list of child-made and slavery-made goods.
TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD
Subtitle A--Efforts to Combat Trafficking
Sec. 201. Including the Secretary of the Treasury and the United States
Trade Representative as a member of the Interagency Task
Force to Monitor and Combat Trafficking.
Sec. 202. Encouraging countries to maintain and share data on human
trafficking efforts.
[[Page 132 STAT. 5473]]
Sec. 203. Appropriate listing of governments involved in human
trafficking.
Sec. 204. Requirements for strategies to prevent trafficking.
Sec. 205. Briefing on countries with primarily migrant workforces.
Sec. 206. Report on recipients of funding from the United States Agency
for International Development.
Subtitle B--Child Soldier Prevention Act of 2018
Sec. 211. Findings.
Sec. 212. Amendments to the Child Soldiers Prevention Act of 2008.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Authorization of appropriations under the Trafficking Victims
Protection Act of 2000.
Sec. 302. Authorization of appropriations under the International
Megan's Law.
Sec. 303. Authorization of appropriations for airport personnel training
to identify and report human trafficking victims.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs to Support Victims and Persons Vulnerable to Human
Trafficking
SEC. 101. GRANTS TO ASSIST IN THE RECOGNITION OF TRAFFICKING.
(a) Grants to Assist in Recognition of Trafficking.--Section 106(b)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(b)) is
amended--
(1) by striking ``The President'' and inserting the
following:
``(1) In general.--The President''; and
(2) by adding at the end the following:
``(2) Grants to assist in the recognition of trafficking.--
``(A) Definitions.--In this paragraph:
``(i) ESEA terms.--The terms `elementary
school', `local educational agency', `other
staff', and `secondary school' have the meanings
given the terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(ii) High-intensity child sex trafficking
area.--The term `high-intensity child sex
trafficking area' means a metropolitan area
designated by the Director of the Federal Bureau
of Investigation as having a high rate of children
involved in sex trafficking.
``(iii) Labor trafficking.--The term `labor
trafficking' means conduct described in section
103(9)(B) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102(9)(B)).
``(iv) School staff.--The term `school staff'
means teachers, nurses, school leaders and
administrators, and other staff at elementary
schools and secondary schools.
``(v) Sex trafficking.--The term `sex
trafficking' means the conduct described in
section 103(9)(A) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(9)(A)).
[[Page 132 STAT. 5474]]
``(B) <<NOTE: Consultation.>> In general.--The
Secretary of Health and Human Services, in consultation
with the Secretary of Education and the Secretary of
Labor, may award grants to local educational agencies,
in partnership with a nonprofit, nongovernmental agency,
to establish, expand, and support programs--
``(i) to educate school staff to recognize and
respond to signs of labor trafficking and sex
trafficking; and
``(ii) to provide age-appropriate information
to students on how to avoid becoming victims of
labor trafficking and sex trafficking.
``(C) Program requirements.--Amounts awarded under
this paragraph shall be used for--
``(i) education regarding--
``(I) avoiding becoming victims of
labor trafficking and sex trafficking;
``(II) indicators that an individual
is a victim or potential victim of labor
trafficking or sex trafficking;
``(III) options and procedures for
referring such an individual, as
appropriate, to information on such
trafficking and services available for
victims of such trafficking;
``(IV) reporting requirements and
procedures in accordance with applicable
Federal and State law; and
``(V) how to carry out activities
authorized under subparagraph (A)(ii);
and
``(ii) <<NOTE: Plan. Consultation.>> 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. <<NOTE: 22 USC 7104e.>> 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
[[Page 132 STAT. 5475]]
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 B--Governmental Efforts to Prevent Human Trafficking
SEC. 111. REQUIRED TRAINING TO PREVENT HUMAN TRAFFICKING FOR
CERTAIN CONTRACTING AIR CARRIERS.
(a) In General.--Section 40118 of title 49, United States Code, is
amended by adding at the end the following:
``(g) Training Requirements <<NOTE: Reports.>> .--The Administrator
of General Services shall ensure that any contract entered into for
provision of air transportation with a domestic carrier under this
section requires that the contracting air carrier submits to the
Administrator of General Services, the Secretary of Transportation, the
Administrator of the Transportation Security Administration, the
Secretary of Labor and the Commissioner of U.S. Customs and Border
Protection an annual report regarding--
``(1) the number of personnel trained in the detection and
reporting of potential human trafficking (as described in
paragraphs (9) and (10) of section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102)), including the
training required under section 44734(a)(4);
``(2) the number of notifications of potential human
trafficking victims received from staff or other passengers; and
``(3) whether the air carrier notified the National Human
Trafficking Hotline or law enforcement at the relevant airport
of the potential human trafficking victim for each such
notification of potential human trafficking, and if so, when the
notification was made.''.
(b) Applicability <<NOTE: 49 USC 40118 note.>> .--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.
[[Page 132 STAT. 5476]]
SEC. 112. ENSURING UNITED STATES PROCUREMENT DOES NOT FUND HUMAN
TRAFFICKING.
Section 106 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104) is amended by adding at the end the following:
``(k) Agency Action To Prevent Funding of Human Trafficking.--
``(1) In general <<NOTE: Reports.>> .--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) <<NOTE: Summary.>> 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;
[[Page 132 STAT. 5477]]
``(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 <<NOTE: Definitions.>> .--In this subsection, the
term `appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs of the House
of Representatives;
``(B) the Committee on Armed Services of the House
of Representatives;
``(C) the Committee on Education and the Workforce
of the House of Representatives;
``(D) the Committee on the Judiciary of the House of
Representatives;
``(E) the Committee on Oversight and Government
Reform of the House of Representatives;
``(F) the Committee on Foreign Relations of the
Senate;
``(G) the Committee on Armed Services of the Senate;
``(H) the Committee on the Judiciary of the Senate;
and
``(I) the Committee on Health, Education, Labor, and
Pensions of the Senate.''.
SEC. 113. <<NOTE: 41 USC 1201 note.>> TRAINING COURSE ON HUMAN
TRAFFICKING AND GOVERNMENT CONTRACTING.
Any curriculum, including any continuing education curriculum, for
the acquisition workforce used by the Federal Acquisition Institute
established under section 1201 of title 41, United States Code, shall
include at least 1 course, lasting at least 30 minutes, regarding the
law and regulations relating to human trafficking and contracting with
the Federal Government.
SEC. 114. MODIFICATIONS TO THE ADVISORY COUNCIL ON HUMAN
TRAFFICKING.
The Survivors of Human Trafficking Empowerment Act (section 115 of
Public Law 114-22; 129 Stat. 243) is amended--
(1) in subsection (f), by amending paragraph (2) to read as
follows:
``(2) shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with the applicable
provisions under subchapter I of chapter 57 of title 5, United
States Code.''; and
[[Page 132 STAT. 5478]]
(2) in subsection (h), by striking ``2020'' and inserting
``2021''.
SEC. 115. SENSE OF CONGRESS ON THE SENIOR POLICY OPERATING GROUP.
It is the sense of Congress that the Senior Policy Operating Group
established under section 105(g) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7103(g)) should create a working group to examine
the role of demand reduction, both domestically and internationally, in
achieving the purposes of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7101 et seq.) and the Justice for Victims of Trafficking Act
(Public Law 114-22; 129 Stat. 227).
SEC. 116. BEST PRACTICES TO PREVENT FORCED CHILD LABOR
TRAFFICKING.
It is the sense of the Congress that--
(1) the United States Government condemns, in the strongest
terms, forced child labor, including in situations of
trafficking; and
(2) the President should work with the private sector to
develop best practices and guidance for preventing forced child
labor and indentured servitude, including in situations of
trafficking.
Subtitle C--Preventing Trafficking in Persons in the United States
SEC. 121. DEMAND REDUCTION STRATEGIES IN THE UNITED STATES.
(a) Department of Justice Task Force.--Section 105(d)(7) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is
amended--
(1) in subparagraph (Q)(vii), by striking ``and'' at the
end;
(2) in subparagraph (R), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(S) tactics and strategies employed by human
trafficking task forces sponsored by the Department of
Justice to reduce demand for trafficking victims.''.
(b) Report on State Enforcement.--Subsection (e)(1)(A) of the Combat
Human Trafficking Act of 2015 (34 U.S.C. 20709(e)(1)(A)) is amended--
(1) in the matter preceding clause (i), by striking
``rates'' and inserting ``number'';
(2) by inserting ``, noting the number of covered
offenders'' after ``covered offense'' each place such term
appears;
(3) in clause (i), by striking ``arrest'' and inserting
``arrests'';
(4) in clause (ii), by striking ``prosecution'' and
inserting ``prosecutions''; and
(5) in clause (iii), by striking ``conviction'' and
inserting ``convictions''.
[[Page 132 STAT. 5479]]
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) <<NOTE: Time periods. Determination. Reports.>> 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-
[[Page 132 STAT. 5480]]
328; 22 U.S.C. 2656 note),'' after ``1701)'' the second place it
appears; and
(2) by adding at the end the following:
``(D) Officials of a foreign government who
participate in, facilitate, or condone severe forms of
trafficking in persons for significant financial
gain.''.
Subtitle D--Monitoring Child, Forced, and Slave Labor
SEC. 131. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) foreign assistance that addresses poverty alleviation
and humanitarian disasters reduces the vulnerability of men,
women, and children to human trafficking and is a crucial part
of the response of the United States to modern-day slavery;
(2) the Deputy Under Secretary of the Bureau of
International Labor Affairs of the Department of Labor and the
grant programs administered by the Deputy Under Secretary play a
critical role in preventing and protecting children from the
worst forms of child labor, including situations of trafficking,
and in reducing the vulnerabilities of men and women to
situations of forced labor and trafficking; and
(3) the Secretary of Labor also plays a critical role in
helping other Federal departments and agencies to prevent goods
made with forced and child labor from entering the United States
by consulting with such departments and agencies to reduce
forced and child labor internationally and ensuring that
products made by forced labor and child labor in violation of
international standards are not imported into the United States.
SEC. 132. REPORT ON THE ENFORCEMENT OF SECTION 307 OF THE TARIFF
ACT OF 1930.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the committees listed in subsection (b) that
describes any obstacles or challenges to enforcing section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
(b) Committees.--The committees listed in this subsection are--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Financial Services of the House of
Representatives;
(3) the Committee on Energy and Commerce of the House of
Representatives;
(4) the Committee on the Judiciary of the House of
Representatives;
(5) the Committee on Ways and Means of the House of
Representatives;
(6) the Committee on Foreign Relations of the Senate;
(7) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(8) the Committee on Commerce, Science, and Transportation
of the Senate;
[[Page 132 STAT. 5481]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>> 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,
[[Page 132 STAT. 5482]]
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 II--FIGHTING HUMAN TRAFFICKING ABROAD
Subtitle A--Efforts to Combat Trafficking
SEC. 201. INCLUDING THE SECRETARY OF THE TREASURY AND THE UNITED
STATES TRADE REPRESENTATIVE AS A MEMBER OF
THE INTERAGENCY TASK FORCE TO MONITOR AND
COMBAT TRAFFICKING.
Section 105(b) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7103(b)) is amended by inserting ``the Secretary of the Treasury,
the United States Trade Representative,'' after ``the Secretary of
Education,''.
SEC. 202. ENCOURAGING COUNTRIES TO MAINTAIN AND SHARE DATA ON
HUMAN TRAFFICKING EFFORTS.
Section 108(b) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7106(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``the capacity'' and inserting ``a
demonstrably increasing capacity''; and
(B) by striking the last sentence; and
(2) in paragraph (7)--
(A) by striking ``consistent with its resources''
and inserting ``, consistent with a demonstrably
increasing capacity of such government to obtain such
data,''; and
(B) by striking the last sentence.
SEC. 203. APPROPRIATE LISTING OF GOVERNMENTS INVOLVED IN HUMAN
TRAFFICKING.
Section 110(b) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(iii)(I)--
(i) by striking ``absolute'' and inserting
``estimated''; and
(ii) by inserting ``and the country is not
taking proportional concrete actions'' before the
semicolon at the end; and
(B) by adding at the end the following:
``(F) Special rule for certain countries on special
watch list that are downgraded and reinstated on special
watch list <<NOTE: Time periods.>> .--Notwithstanding
subparagraphs (D) and (E), a country may not be included
on the special
[[Page 132 STAT. 5483]]
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 <<NOTE: Time period. Consultation.>> .--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
[[Page 132 STAT. 5484]]
(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) <<NOTE: 22 USC 7107 note.>> 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.
<<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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--
[[Page 132 STAT. 5485]]
(1) each obligation or expenditure of Federal funds by the
Agency for the purpose of combating human trafficking and forced
labor; and
(2) with respect to each such obligation or expenditure, the
program, project, activity, primary recipient, and any
subgrantees or subcontractors.
Subtitle B--Child Soldier Prevention Act of 2018
SEC. 211. <<NOTE: 22 USC 2370c note.>> 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'';
[[Page 132 STAT. 5486]]
(2) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) Notification.--
``(A) In general <<NOTE: Deadline.>> .--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) <<NOTE: Certification.>> 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
[[Page 132 STAT. 5487]]
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 III--AUTHORIZATION 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:
[[Page 132 STAT. 5488]]
``(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.
Approved January 8, 2019.
LEGISLATIVE HISTORY--H.R. 2200:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 163 (2017):
July 12, considered and passed
House.
Vol. 164 (2018):
Dec. 17, considered and passed
Senate, amended.
Dec. 21, House concurred in Senate
amendment.
<all>