Sec. 203. Appropriate listing of governments involved in human trafficking
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Subsection
(b)of section 110 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b) ) is amended as follows: In paragraph (1)— in subparagraph (C)— by striking and whose governments do not and inserting the following: and whose governments— do not ; and by adding at the end the following new clauses: tolerate trafficking in government-funded programs; or have a government-supported practice of— trafficking; facilitating the use of forced labor (such as in agriculture, forestry, mining, or construction); permitting sexual slavery in government camps, compounds, or outposts; or employing child soldiers; ; in subparagraph (F), by striking and at the end; in subparagraph (G), by striking the period at the end and inserting ; and ; and by adding at the end the following: 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. . In paragraph (2)— in subparagraph (A)(iii)— in subclause (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 by adding or at the end; in subclause (II), by striking ; or and inserting a period; and by striking subclause (III); in subparagraph (B), by striking the last annual report and inserting April 1 of the previous year ; in subparagraph (D)— 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— shall be included on the list of countries described in paragraph (1)(C); and 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). ; in clause (ii)— by striking 2 years and inserting 1 year ; in subclause (II), by striking and ; in subclause (III), by striking the period at the end and inserting ; and ; and by adding at the end the following: 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 by adding at the end the following: 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. ; in subparagraph (E)— by striking through
(III)and inserting through
(IV); and 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— a detailed description of the credible evidence supporting such determination; the written plan submitted by the country under subparagraph (D)(ii)(I); and supporting documentation providing credible evidence of— 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 any actions taken by that country to enforce the minimum standards for the elimination of trafficking, as appropriate. . by adding at the end the following new subparagraph: Notwithstanding subparagraphs
(D)and (E), a country that— was included on the special watch list described in subparagraph
(A)for— two consecutive years after the date of the enactment of subparagraph (D); and any additional years after such date of enactment by reason of the President exercising the waiver authority under clause
(ii)of subparagraph (D); and 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. . In paragraph (3)— in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the extent to which the government of the country is devoting sufficient budgetary resources— to investigate and prosecute acts of severe trafficking in persons; to convict and sentence persons responsible for such acts; and to obtain restitution for victims of human trafficking; the extent to which the government of the country is devoting sufficient budgetary resources— to protect and rehabilitate victims of trafficking in persons; and to prevent trafficking in persons; 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 whether— government officials participate in or facilitate forced labor and human trafficking; and 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. . By adding at the end the following: 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 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 in the annual report submitted in the next calendar year, the country is listed on a list of countries described in paragraph (1)(B). 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). In this subsection: 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: Enforcement actions taken. Investigations actively underway. Prosecutions conducted. Convictions attained. Training provided. Programs and partnerships actively underway. Victim services offered, including immigration services and restitution. The amount of money the government in question has committed to the actions described in clauses
(i)through (vii). An assessment of the impact of such actions on the prevalence of human trafficking in the country. 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— reports by the Department of State; 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; 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; materials developed by civil society organizations; information from survivors of human trafficking, vulnerable persons, and whistleblowers; all relevant media and academic reports that, in light of reason and common sense, are worthy of belief; and information developed by multilateral institutions. .
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Sec. 203
Appropriate listing of governments involved in human trafficking
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