International Trafficking Victims Protection Reauthorization Act of 2023
This bill reauthorizes various international antitrafficking activities and foreign assistance programs; requires counter-trafficking strategies, activities, and efforts to be further integrated into projects supported by U.S. foreign assistance; and expands related reporting requirements.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 920 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 920
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Menendez (for himself, Mr. Risch, Mr. Kaine, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
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 ``International Trafficking Victims
Protection Reauthorization Act of 2023''.
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 HUMAN TRAFFICKING ABROAD
Sec. 101. United States support for integration of anti-trafficking in
persons interventions in multilateral
development banks.
Sec. 102. Expanding prevention efforts at the United States Agency for
International Development.
Sec. 103. Counter-trafficking in persons efforts in development
cooperation and assistance policy.
Sec. 104. Technical amendments to tier rankings.
Sec. 105. Modifications to the program to end modern slavery.
Sec. 106. Clarification of nonhumanitarian, nontrade-related foreign
assistance.
Sec. 107. Expanding protections for domestic workers of official and
diplomatic visa holders.
Sec. 108. Effective dates.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 202. Extension of authorizations under the International Megan's
Law.
TITLE III--BRIEFINGS
Sec. 301. Briefing on annual trafficking in person's report.
Sec. 302. Briefing on use and justification of waivers.
TITLE I--COMBATING HUMAN TRAFFICKING ABROAD
SEC. 101. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-TRAFFICKING IN
PERSONS INTERVENTIONS IN MULTILATERAL DEVELOPMENT BANKS.
(a) Requirements.--The Secretary of the Treasury, in consultation
with the Secretary of State acting through the Ambassador-at-Large to
Monitor and Combat Trafficking in Persons, shall instruct the United
States Executive Director of each multilateral development bank (as
defined in section 110(d) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(d))) to encourage the inclusion of a counter-
trafficking strategy, including risk assessment and mitigation efforts
as needed, in proposed projects in countries listed--
(1) on the Tier 2 Watch List (required under section
110(b)(2)(A) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)(2)(A)), as amended by section 104(a));
(2) under subparagraph (C) of section 110(b)(1) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)(1)) (commonly referred to as ``tier 3''); and
(3) as Special Cases in the most recent report on
trafficking in persons required under such section (commonly
referred to as the ``Trafficking in Persons Report'').
(b) Briefings.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of State, shall brief the appropriate congressional
committees regarding the implementation of this section.
(c) GAO Report.--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 appropriate congressional committees a report that
details the activities of the United States relating to combating human
trafficking, including forced labor, within multilateral development
projects.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 102. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT.
(a) In General.--In order to strengthen prevention efforts by the
United States abroad, the Administrator of the United States Agency for
International Development (referred to in this section as the
``Administrator'') shall, to the extent practicable and appropriate--
(1) encourage the integration of activities to counter
trafficking in persons (referred to in this section as ``C-
TIP'') into broader assistance programming;
(2) determine a reasonable definition for the term ``C-TIP
Integrated Development Programs,'' which shall include any
programming to address health, food security, economic
development, education, democracy and governance, and
humanitarian assistance that includes a sufficient C-TIP
element; and
(3) ensure that each mission of the United States Agency
for International Development (referred to in this section as
``USAID'')--
(A) integrates a C-TIP component into development
programs, project design, and methods for program
monitoring and evaluation, as necessary and
appropriate, when addressing issues, including--
(i) health;
(ii) food security;
(iii) economic development;
(iv) education;
(v) democracy and governance; and
(vi) humanitarian assistance;
(B) continuously adapts, strengthens, and
implements training and tools related to the
integration of a C-TIP perspective into the work of
development actors; and
(C) encourages USAID Country Development
Cooperation Strategies to include C-TIP components in
project design, implementation, monitoring, and
evaluation, as necessary and appropriate.
(b) Reports and Briefings Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of an Act making appropriations for the
Department of State, Foreign Operations, and Related Programs
through fiscal year 2027, the Secretary of State, in
consultation with the Administrator, shall submit to the
appropriate congressional committees a report on obligations
and expenditures of all funds managed by the Department of
State and USAID in the prior fiscal year to combat human
trafficking and forced labor, including integrated C-TIP
activities.
(2) Contents.--The report required by paragraph (1) shall
include--
(A) a description of funding aggregated by program,
project, and activity; and
(B) a description of the management structure at
the Department of State and USAID used to manage such
programs.
(3) Biennial briefing.--Not later than 6 months of after
the date of the enactment of this Act, and every 2 years
thereafter through fiscal year 2027, the Secretary of State, in
consultation with the Administrator, shall brief the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives on the implementation
of subsection (a).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 103. COUNTER-TRAFFICKING IN PERSONS EFFORTS IN DEVELOPMENT
COOPERATION AND ASSISTANCE POLICY.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended--
(1) in section 102(b)(4)(22 U.S.C. 2151-1(b)(4))--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(H) effective counter-trafficking in persons
policies and programs.''; and
(2) in section 492(d)(1)(22 U.S.C. 2292a(d)(1))--
(A) by striking ``that the funds'' and inserting
the following: ``that--
``(A) the funds'';
(B) in subparagraph (A), as added by subparagraph
(A) of this paragraph, by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(B) in carrying out the provisions of this
chapter, the President shall, to the greatest extent
possible--
``(i) ensure that assistance made available
under this section does not create or
contribute to conditions that can be reasonably
expected to result in an increase in
trafficking in persons who are in conditions of
heightened vulnerability as a result of natural
and manmade disasters; and
``(ii) integrate appropriate protections
into the planning and execution of activities
authorized under this chapter.''.
SEC. 104. TECHNICAL AMENDMENTS TO TIER RANKINGS.
(a) Modifications to Tier 2 Watch List.--Section 110(b)(2) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)), is
amended--
(1) in the paragraph heading, by striking ``Special'' and
inserting ``Tier 2''; and
(2) in subparagraph (A)--
(A) by striking ``of the following countries'' and
all that follows through ``annual report, where--''and
inserting ``of countries that have been listed pursuant
to paragraph (1)(B) pursuant to the current annual
report, in which--''; and
(B) by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively, and moving such
clauses (as so redesignated) 2 ems to the left.
(b) Modification to Special Rule for Downgraded and Reinstated
Countries.--Section 110(b)(2)(F) of such Act (22 U.S.C. 7107(b)(2)(F))
is amended--
(1) in the matter preceding clause (i), by striking
``special watch list described in subparagraph (A)(iii) for
more than 1 consecutive year after the country'' and inserting
``Tier 2 watch list described in subparagraph (A) for more than
one year immediately after the country consecutively'';
(2) in clause (i), in the matter preceding subclause (I),
by striking ``special watch list described in subparagraph
(A)(iii)'' and inserting ``Tier 2 watch list described in
subparagraph (A)''; and
(3) in clause (ii), by inserting ``in the year following
such waiver under subparagraph (D)(ii)'' after ``paragraph
(1)(C)''.
(c) Conforming Amendments.--
(1) Trafficking victims protection act of 2000.--Section
110(b) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)), as amended by subsections (a) and (b), is
further amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking
``special watch list'' and inserting ``Tier 2
watch list'';
(ii) in subparagraph (C)--
(I) in the subparagraph heading, by
striking ``special watch list'' and
inserting ``Tier 2 watch list''; and
(II) by striking ``special watch
list'' and inserting ``Tier 2 watch
list''; and
(iii) in subparagraph (D)--
(I) in the subparagraph heading, by
striking ``special watch list'' and
inserting ``Tier 2 watch list''; and
(II) in clause (i), by striking
``special watch list'' and inserting
``Tier 2 watch list'';
(B) in paragraph (3)(B), in the matter preceding
clause (i), by striking ``clauses (i), (ii), and (iii)
of''; and
(C) in paragraph (4)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``each
country described in paragraph (2)(A)(ii)'' and
inserting ``each country described in paragraph
(2)(A)''; and
(ii) in subparagraph (D)(ii), by striking
``the Special Watch List'' and inserting ``the
Tier 2 watch list''.
(2) Frederick douglass trafficking victims prevention and
protection reauthorization act of 2018.--Section 204(b)(1) of
the Frederick Douglass Trafficking Victims Prevention and
Protection Reauthorization Act of 2018 (Public Law 115-425) is
amended by striking ``special watch list'' and inserting ``Tier
2 watch list''.
(3) Bipartisan congressional trade priorities and
accountability act of 2015.--Section 106(b)(6)(E)(iii) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (19 U.S.C. 4205(b)(6)(E)(iii) is amended by
striking ``under section'' and all that follows and inserting
``under section 110(b)(2)(A) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A))''.
SEC. 105. MODIFICATIONS TO THE PROGRAM TO END MODERN SLAVERY.
(a) In General.--Section 1298 of the National Defense Authorization
Act for Fiscal Year 2017 (22 U.S.C. 7114) is amended--
(1) in subsection (a)(1), by striking ``Not later than 90
days after the date of the enactment of this Act'' and
inserting ``Not later than 90 days after the date of the
enactment of the International Trafficking Victims Protection
Reauthorization Act of 2023'';
(2) in subsection (g)--
(A) by striking ``Appropriations'' in the heading
and all that follows through ``There is authorized''
and inserting ``Appropriations .--There is
authorized''; and
(B) by striking paragraph (2); and
(3) in subsection (h)(1), by striking ``Not later than
September 30, 2018, and September 30, 2020'' and inserting
``Not later than September 30, 2023, and September 30, 2027''.
(b) Eligibility.--To be eligible for funding under the Program to
End Modern Slavery of the Office to Monitor and Combat Trafficking in
Persons, a grant recipient shall--
(1) publish the names of all subgrantee organizations on a
publicly available website; or
(2) if the subgrantee organization expresses a security
concern, the grant recipient shall relay such concerns to the
Secretary of State, who shall transmit annually the names of
all subgrantee organizations in a classified annex to the
chairs of the appropriate congressional committees (as defined
in section 1298(i) of the National Defense Authorization Act of
2017 (22 U.S.C. 7114(i))).
(c) Award of Funds.--All grants issued under the program referred
to in subsection (b) shall be--
(1) awarded on a competitive basis; and
(2) subject to the regular congressional notification
procedures applicable with respect to grants made available
under section 1298(b) of the National Defense Authorization Act
of 2017 (22 U.S.C. 7114(b)).
SEC. 106. CLARIFICATION OF NONHUMANITARIAN, NONTRADE-RELATED FOREIGN
ASSISTANCE.
(a) Clarification of Scope of Withheld Assistance.--Section
110(d)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(d)(1)) is amended to read as follows:
``(1) Withholding of assistance.--The President has
determined that--
``(A) the United States will not provide
nonhumanitarian, nontrade-related foreign assistance to
the central government of the country or funding to
facilitate the participation by officials or employees
of such central government in educational and cultural
exchange programs, for the subsequent fiscal year until
such government complies with the minimum standards or
makes significant efforts to bring itself into
compliance; and
``(B) the President will instruct the United States
Executive Director of each multilateral development
bank and of the International Monetary Fund to vote
against, and to use the Executive Director's best
efforts to deny, any loan or other utilization of the
funds of the respective institution to that country
(other than for humanitarian assistance, for trade-
related assistance, or for development assistance that
directly addresses basic human needs, is not
administered by the central government of the
sanctioned country, and is not provided for the benefit
of that government) for the subsequent fiscal year
until such government complies with the minimum
standards or makes significant efforts to bring itself
into compliance.''.
(b) Definition of Non-Humanitarian, Nontrade-Related Assistance.--
Section 103(10) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(10)) is amended to read as follows:
``(10) Nonhumanitarian, nontrade-related foreign
assistance.--
``(A) In general.--The term `nonhumanitarian,
nontrade-related foreign assistance' means--
``(i) United States foreign assistance,
other than--
``(I) with respect to the Foreign
Assistance Act of 1961--
``(aa) assistance for
international narcotics and law
enforcement under chapter 8 of
part I of such Act (22 U.S.C.
2291 et seq.);
``(bb) assistance for
International Disaster
Assistance under subsections
(b) and (c) of section 491 of
such Act (22 U.S.C. 2292);
``(cc) antiterrorism
assistance under chapter 8 of
part II of such Act (22 U.S.C.
2349aa et seq.); and
``(dd) health programs
under chapters 1 and 10 of part
I and chapter 4 of part II of
such Act (22 U.S.C. 2151 et
seq.);
``(II) assistance under the Food
for Peace Act (7 U.S.C. 1691 et seq.);
``(III) assistance under sections
2(a), (b), and (c) of the Migration and
Refugee Assistance Act of 1962 (22
U.S.C. 2601(a), (b), (c)) to meet
refugee and migration needs;
``(IV) any form of United States
foreign assistance provided through
nongovernmental organizations,
international organizations, or private
sector partners--
``(aa) to combat human and
wildlife trafficking;
``(bb) to promote food
security;
``(cc) to respond to
emergencies;
``(dd) to provide
humanitarian assistance;
``(ee) to address basic
human needs, including for
education;
``(ff) to advance global
health security; or
``(gg) to promote trade;
and
``(V) any other form of United
States foreign assistance that the
President determines, by not later than
October 1 of each fiscal year, is
necessary to advance the security,
economic, humanitarian, or global
health interests of the United States
without compromising the steadfast U.S.
commitment to combatting human
trafficking globally; or
``(ii) sales, or financing on any terms,
under the Arms Export Control Act (22 U.S.C.
2751 et seq.), other than sales or financing
provided for narcotics-related purposes
following notification in accordance with the
prior notification procedures applicable to
reprogrammings pursuant to section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1).
``(B) Exclusions.--The term `nonhumanitarian,
nontrade-related foreign assistance' shall not include
payments to or the participation of government entities
necessary or incidental to the implementation of a
program that is otherwise consistent with section
110.''.
SEC. 107. EXPANDING PROTECTIONS FOR DOMESTIC WORKERS OF OFFICIAL AND
DIPLOMATIC VISA HOLDERS.
Section 203(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(b)) is amended
by inserting after paragraph (4) the following:
``(5) National expansion of in-person registration
program.--The Secretary shall administer the Domestic Worker
In-Person Registration Program for employees with A-3 visas or
G-5 visas employed by accredited foreign mission members or
international organization employees and shall expand this
program nationally, which shall include--
``(A) after the arrival of each such employee in
the United States, and annually during the course of
such employee's employment, a description of the rights
of such employee under applicable Federal and State
law;
``(B) provision of a copy of the pamphlet developed
pursuant to section 202 to the employee with an A-3
visa or a G-5 visa; and
``(C) information on how to contact the National
Human Trafficking Hotline.
``(6) Monitoring and training of a-3 and g-5 visa employers
accredited to foreign missions and international
organizations.--The Secretary shall--
``(A) inform embassies, international
organizations, and foreign missions of the rights of A-
3 and G-5 domestic workers under the applicable labor
laws of the United States, including the fair labor
standards described in the pamphlet developed pursuant
to section 202. Information provided to foreign
missions, embassies, and international organizations
should include material on labor standards and labor
rights of domestic worker employees who hold A-3 and G-
5 visas;
``(B) inform embassies, international
organizations, and foreign missions of the potential
consequences to individuals holding a nonimmigrant visa
issued pursuant to subparagraph (A)(i), (A)(ii),
(G)(i), (G)(ii), or (G)(iii) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) who violate the laws described in
subclause (I)(aa), including (at the discretion of the
Secretary)--
``(i) the suspension of A-3 visas and G-5
visas;
``(ii) request for waiver of immunity;
``(iii) criminal prosecution;
``(iv) civil damages; and
``(v) permanent revocation of or refusal to
renew the visa of the accredited foreign
mission or international organization employee;
and
``(C) require all accredited foreign mission and
international organization employers of individuals
holding A-3 visas or G-5 visas to report the wages paid
to such employees on an annual basis.''.
SEC. 108. EFFECTIVE DATES.
Sections 104(b) and 106 and the amendments made by those sections
take effect on the date that is the first day of the first full
reporting period for the report required by section 110(b)(1) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) after
the date of the enactment of this Act.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF TRAFFICKING
AND VIOLENCE PROTECTION ACT OF 2000.
Section 113 of the Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (a), by striking ``2018 through 2021,
$13,822,000'' and inserting ``2024 through 2027, $17,000,000'';
and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``2018 through 2021, $65,000,000'' and
inserting ``2024 through 2027, $102,500,000, of which
$22,000,000 shall be made available each fiscal year to
the United States Agency for International Development
and the remainder of'';
(B) in subparagraph (C), by striking ``; and'' at
the end and inserting a semicolon;
(C) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(E) to fund programs to end modern slavery, in an
amount not to exceed $37,500,000 for each of the fiscal
years 2024 through 2027.''.
SEC. 202. EXTENSION OF AUTHORIZATIONS 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 ``2018
through 2021'' and inserting ``2024 through 2027''.
TITLE III--BRIEFINGS
SEC. 301. BRIEFING ON ANNUAL TRAFFICKING IN PERSON'S REPORT.
Not later than 30 days after the public designation of country tier
rankings and subsequent publishing of the Trafficking in Persons
Report, the Secretary of State shall brief the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives on--
(1) countries that were downgraded or upgraded in the most
recent Trafficking in Persons Report; and
(2) the efforts made by the United States to improve
counter-trafficking efforts in those countries, including
foreign government efforts to better meet minimum standards to
eliminate human trafficking.
SEC. 302. BRIEFING ON USE AND JUSTIFICATION OF WAIVERS.
Not later than 30 days after the President has determined to issue
a waiver under section 110(d)(5) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107(d)(5)), the Secretary of State shall brief
the Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives on--
(a) each country that received a waiver;
(b) the justification for each such waiver; and
(c) a description of the efforts made by each country to meet the
minimum standards to eliminate human trafficking.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported without amendment favorably.
Committee on Foreign Relations. Reported by Senator Menendez without amendment. Without written report.
Committee on Foreign Relations. Reported by Senator Menendez without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 91.
Measure laid before Senate by unanimous consent. (consideration: CR S6984-6985)
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S7005-7007)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
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