Sec. 6. Actions against governments failing to meet minimum standards
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Section 110(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107 ) is amended— in paragraph (1)— by striking The report should and inserting The report shall, to the extent concurrent reporting data is available, cover efforts and activities taking place during the period between April 1 of the year preceding the report and March 31 of the year in which the report is made, and should ; in subparagraph (A), by inserting based only on concrete actions taken by the country that are recorded during the reporting period after such standards ; in subparagraph
(B)by inserting based only on concrete actions taken by the country (excluding any commitments by the country to take additional future steps during the next year) that are recorded during the reporting period after compliance ; by amending subparagraph
(C)to read as follows: a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable, and whose governments— do not fully comply with such standards and are not making significant efforts to bring themselves into compliance; 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 (or not 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 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 2008, and all that follows and inserting— 2008— 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). ; and in clause (ii), by striking 2 years and inserting 1 year ; and in subparagraph (E)— in the subparagraph heading, by striking and inserting Public ; and Congressional by striking shall provide and all that follows and inserting the following: shall— provide a detailed description of the credible evidence supporting such determination on a publicly available website maintained by the Department of State; and offer to brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on any written plan submitted by the country under subparagraph (D)(ii)(I), with an opportunity to review the written plan. ; in paragraph (3)— in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the semicolon at the end and inserting a period; 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 severe forms of trafficking in persons; and 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 by adding at the end the following: Not later than 180 days after the release of the annual Trafficking in Persons Report, the Ambassador-at-Large of the Office to Monitor and Combat Trafficking and the Assistant Secretary of the appropriate regional bureau, in consultation with appropriate officials from the government of each country described in paragraph (2)(A)(ii), shall— prepare an action plan for each country upgraded from Tier 3 to Tier 2 Watchlist to further improve such country’s tier ranking under this subsection; and present the relevant action plan to the government of each such country. The United States Ambassador or Charge d’Affaires of the country for which an action plan is being prepared, in consultation with the Ambassador-at-Large of the Office to Monitor and Combat Trafficking in Persons, shall be responsible for coordinating all necessary diplomatic engagement to prepare such plan. Each action plan prepared under this paragraph— shall include specific concrete actions to be taken by the country to substantively address deficiencies preventing the country from meeting Tier 2 standards, based on credible evidence; and should be focused on short-term and multiyear goals. The Ambassador-at-Large of the Office to Monitor and Combat Trafficking and all appropriate regional Assistant Secretaries shall make themselves available to brief 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 on the implementation of each action plan prepared under this paragraph. Nothing in this paragraph may be construed as modifying— minimum standards for the elimination of trafficking under section 108; or the actions against governments failing to meet minimum standards under this section or the criteria for placement on the Special Watch List under paragraph (2). .
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Sec. 6
Actions against governments failing to meet minimum standards
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