,,ii #aadth ,,congress #b;d ,session ,s4 #cebj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #h1 #bjaf ,mr4 ,menendez 7for himself and ,mr4 ,rubio7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to amend the ,trafficking ,victims ,protection ,act of #bjjj to clarify report dates1 modify the criteria for determinations of whether countries are meeting the minimum standards for elimination of trafficking1 and highlight the importance of concrete actions by countries to eliminate trafficking1 and for other purposes4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,trafficking ,in ,persons ,report ,integrity ,act4 #b4 ,definitions ,section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb7 is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#ae7 as paragraphs 7#g7 through 7#ag71 respectively2 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 ,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 trafficking3 7,a7 ,enforcement actions taken4 7,b7 ,investigations actively underway4 7,c7 ,prosecutions conducted4 7,d7 ,convictions attained4 7,e7 ,training provided4 7,f7 ,programs and partnerships actively underway4 7,g7 ,victim services offered1 including immigration services and restitution4 7,h7 ,the amount of money the government in question has committed to the actions described in subparagraphs 7,a7 through 7,g74 7,i7 ,an assessment of the impact of such actions on the prevalence of human trafficking in the country4 7#f7 ,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 division1 including-- 7,a7 reports by the ,department of ,state2 7,b7 reports of other ,federal agencies1 including the ,department of ,labor's ,list of ,goods ,produced by ,child ,labor or ,forced ,labor2 7,c7 documentation provided by a foreign country1 including copies of relevant laws1 regulations1 policies adopted or modified1 enforcement actions taken and judicial proceedings1 training conducted1 consultations conducted1 programs and partnerships launched1 and services provided2 7,d7 materials developed by civil society organizations2 7,e7 information from survivors of human trafficking1 vulnerable persons1 and whistleblowers2 7,f7 all relevant media and academic reports that1 in light of reason and common sense1 are worthy of belief2 and 7,g7 information developed by multilateral institutions4 2 and 7#c7 in paragraph 7#aj71 as redesignated-- 7,a7 in the paragraph heading1 by striking nontrade-related and inserting non-anti-human trafficking related2 7,b7 in the matter preceding subparagraph 7,a71 by striking nontrade-related and inserting non-anti-human trafficking related2 and 7,c7 in subparagraph 7,a77ix71 by striking trade-related and inserting anti-human trafficking-related4 #c4 ,minimum standards for the elimination of trafficking ,section #ajh7;b7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajf7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting and without bias after vigorously2 7,b7 by striking if the government and inserting the following3 8if-- 7,a7 the government 2 7,c7 by striking such acts and the ,secretary and inserting the following3 8such acts2 7,b7 the ,secretary 2 and 7,d7 by striking such data4 and inserting the following3 8such data2 and 7,c7 the ,secretary has submitted copies of such data and a description of such good faith efforts to collect such data to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 2 and 7#b7 in paragraph 7#g7-- 7,a7 by inserting and without bias after vigorously2 7,b7 by inserting or enable after condone2 7,c7 by striking if the government and inserting the following3 8if-- 7,a7 the government 2 7,d7 by striking such acts and the ,secretary and inserting the following3 8such acts2 7,b7 the ,secretary 2 and 7,e7 by striking such data4 and inserting the following3 8such data2 and 7,c7 the ,secretary has submitted copies of such data and a description of such good faith efforts to collect such data to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 2 and 7#c7 by adding at the end the following3 7#ac7 ,whether the government of the country-- 7,a7 sponsors or otherwise facilitates forced labor2 or 7,b7 has policies that provide incentives for or otherwise support the participation in or facilitation of forced labor by officials at any level of government4 4 #d4 ,actions against governments failing to meet minimum standards 7a7 ,in general ,section #aaj of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg7 is amended-- 7#a7 in subsection 7a71 by striking nontrade-related and inserting non-anti-human trafficking related2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,the report should and inserting ,the report shall cover efforts and activities taking place during the period between ,april #a of the year preceding the report and ,march #ca of the year in which the report is made1 and should2 7ii7 in subparagraph 7,a71 by inserting based only on concrete actions taken by the country during the reporting year after such standards2 7iii7 in subparagraph 7,b7 by inserting based only on concrete actions taken by the country during the reporting year 7excluding any commitments by the country to take additional future steps over the next year7 after compliance2 7iv7 in subparagraph 7,c71 by striking compliance2 and inserting the following3 compliance1 including all countries in which-- 7i7 central government officials participate in or facilitate forced labor2 and 7ii7 the central government maintains policies that provide incentives for or otherwise support the participation in or facilitation of force labor by officials at any level of government2 2 7v7 in subparagraph 7,f71 by striking and at the end2 7vi7 in subparagraph 7,g71 by striking the period at the end and inserting 2 and2 and 7vii7 by adding at the end the following3 7,h7 for each country included in a different list than the country had been placed in the previous annual report1 a detailed explanation of how the concrete actions 7or lack of such actions7 undertaken by the country during the previous reporting period contributed to such change1 including a clear linkage between such actions and the minimum standards enumerated in section #ajh4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77iii7-- 7,i7 in subclause 7,i71 by adding or at the end2 7,,ii7 in subclause 7,,ii71 by striking 2 or and inserting a period2 and 7,,iii7 by striking subclause 7,,iii72 7ii7 in subparagraph 7,b71 by striking the last annual report and inserting ,april #a of the previous year2 7iii7 in subparagraph 7,d7-- 7,i7 in clause 7i71 by striking #bjjh1 and all that follows and inserting-- #bjjh-- 7,i7 shall be included on the list of countries described in paragraph 7#a77;,c72 and 7,,ii7 shall be required to meet the requirements specified in paragraph 7#a77;,b7 before the country may be removed from the list of countries described in paragraph 7#a77;,c74 2 7,,ii7 in clause 7ii7-- 7aa7 by striking #b years and inserting #a year2 7bb7 in subclause 7,,ii71 by striking and2 7cc7 in subclause 7,,iii71 by striking the period at the end and inserting 2 and2 and 7dd7 by adding at the end the following3 7,,iv7 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 country4 2 and 7,,iii7 by adding at the end the following3 7iii7 ,written plan ,the ,secretary of ,state shall endeavor to work with each country that receives a waiver under clause 7ii7 and with civil society organizations in each country to draft and implement a written plan described in such clause4 2 and 7iv7 in subparagraph 7,e71 by striking shall provide and all that follows and inserting the following3 8shall provide1 on a publicly available website maintained by the ,department of ,state-- 7i7 a detailed description of the credible evidence supporting such determination2 7ii7 the written plan submitted by the country under subparagraph 7,d77ii77,i72 and 7iii7 supporting documentation providing credible evidence of-- 7,i7 each concrete action by the country to bring itself into compliance with the minimum standards for the elimination of trafficking1 including copies of relevant laws or regulations adopted or modified2 and 7,,ii7 any actions taken by that country to enforce the minimum standards for the elimination of trafficking1 as appropriate4 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,d7 the extent to which the government of the country is devoting sufficient budgetary resources-- 7i7 to investigate and prosecute acts of severe trafficking in persons2 7ii7 to convict and sentence persons responsible for such acts2 and 7iii7 to obtain restitution for victims of human trafficking2 7,e7 the extent to which the government of the country is devoting sufficient budgetary resources-- 7i7 to protect and rehabilitate victims of trafficking in persons2 and 7ii7 to prevent severe forms of trafficking in persons2 7,f7 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 persons2 and 7,g7 whether-- 7i7 government officials participate in or facilitate forced labor and human trafficking2 and 7ii7 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 government4 2 and 7,d7 by adding at the end the following3 7#d7 ,special rule for changes in certain determinations ,not later than #ij days after the submission of each annual report under paragraph 7#a71 the ,secretary of ,state shall submit a detailed description of the credible evidence supporting a change in listing of a country1 accompanied by copies of documents providing such evidence1 as appropriate1 to the appropriate congressional committees not later than #ij days after the submission of that report if-- 7,a7 a country is included on a list of countries described in paragraph 7#a77;,c7 in an annual report submitted in calendar year #bjae or in any calendar year thereafter2 and 7,b7 in the annual report submitted in the next calendar year1 the country is listed on a list of countries described in paragraph 7#a77;,b74 7#e7 ,written plan ,the ,secretary of ,state shall endeavor to work with each country that has been listed pursuant to paragraph 7#a77;,c7 in the most recent annual report and civil society organizations to draft and implement the written plan described in paragraph 7#b77;,d77ii74 4 7b7 ,limitation of waiver authority ,section #aaj7;d7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking nontrade-related and inserting non-anti-human trafficking related2 7,b7 by striking subparagraph 7,b72 7,c7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 by striking 7i72 and 7,,ii7 by striking nontrade-related and inserting non-anti-human trafficking related2 and 7ii7 by redesignating clause 7ii7 as subparagraph 7,b72 and 7,d7 in subparagraph 7,b71 as redesignated1 by striking nontrade-related and inserting non-anti-human trafficking related2 7#b7 in paragraph 7#d7-- 7,a7 by striking nontrade-related and inserting non-anti-human trafficking related2 and 7,b7 by striking or the multilateral assistance described in paragraph 7#a77;,b71 or both12 and 7#c7 in paragraph 7#e77;,a7-- 7,a7 in clause 7i7-- 7i7 by striking nontrade-related and inserting non-anti-human trafficking related2 and 7ii7 by adding or at the end2 7,b7 by striking clause 7ii72 and 7,c7 by redesignating clause 7iii7 as clause 7ii74 7c7 ,subsequent waiver authority ,section #aaj7;f7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg7;f77 is amended by inserting and has submitted a report to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives that describes in detail the credible evidence that 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 includes copies of relevant documents after government of a country4 #e4 ,united ,states opposition to any action by certain international financial institutions that does not require the recipient government to work to eliminate human trafficking 7a7 ,requirement ,the ,president shall instruct the ,united ,states ,executive ,director of each international financial institution-- 7#a7 to support the ,united ,states policy goal of advancing the cause of ending modern slavery and human trafficking1 including by seeking to channel assistance toward countries other than countries whose governments-- 7,a7 do not fully comply with the minimum standards set forth in section #ajh7;a7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajf7;a772 and 7,b7 are not making significant efforts to comply with such standards2 7#b7 to use the voice and vote of the ,united ,states to oppose any loan1 project1 agreement1 memorandum1 instrument1 plan1 or other program involving a country that is described in paragraph 7#a77;,c7 or 7#b77;,a77iii7 of section #aaj7;b7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg7;b77 7commonly known as ,tier #c ,countries and ,tier #b ,watch ,list ,countries1 respectively7 if the loan1 project1 agreement1 memorandum1 instrument1 plan1 or other program does not actively promote and work to achieve the minimum standards set forth in section #ajh7;a7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajf7;a772 7#c7 to encourage other nations to adopt policies that are consistent with subparagraph 7,b72 and 7#d7 to initiate discussions with the other executive directors of the respective international financial institution proposing that each such institution develop anti-human trafficking provisions in its project safeguards and procurement policies1 taking into consideration the minimum standards set forth in section #ajh7;a7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajf7;a77 and the ,abolition of ,forced ,labour ,convention1 #aieg1 which was adopted by the ,international ,labour ,organisation in ,geneva on ,june #be1 #aieg4 7b7 ,reporting requirements 7#a7 ,in general ,not later than ,july #a of each year1 the ,secretary of the ,treasury shall submit an annual report to the ,chairman and ,ranking ,member of the ,committee on ,foreign ,relations of the ,senate and the ,chairman and ,ranking ,member of the ,committee on ,foreign ,affairs of the ,house of ,representatives that describes all loans to ,tier #c ,countries and ,tier #b ,watch ,list ,countries that were considered by the ,board of ,executive ,directors of each international financial institution during the preceding #ab-month reporting period4 7#b7 ,contents ,each report required under paragraph 7#a7 shall-- 7,a7 include a list of all loans considered by the ,board of ,executive ,directors of each international financial institution2 7,b7 specify1 with respect to each such loan-- 7i7 the institution involved2 7ii7 the date of final action2 7iii7 the borrower2 7iv7 the amount2 7v7 the project or program2 7vi7 the vote of the ,united ,states ,government2 7vii7 the reason for ,united ,states ,government opposition1 if any2 and 7viii7 the final disposition of the loan2 7,c7 indicate whether the ,united ,states has opposed any loan1 financial assistance1 or technical assistance to a country based upon the prevalence of human trafficking within such country2 7,d7 indicate whether the ,united ,states has voted in favor of a loan1 financial assistance1 or technical assistance to a country with respect to which the ,united ,states had1 in the preceding #b years1 opposed a loan1 financial assistance1 or technical assistance based upon a reduction of human trafficking within such country2 7,e7 in cases in which the ,united ,states changed its voting position1 regarding a loan1 financial assistance1 or technical assistance to a country1 from opposition to support or from support to opposition based upon the response by the government of such country to human trafficking within such country-- 7i7 indicate the policy considerations that were taken into account in the development of the ,united ,states voting position2 7ii7 indicate how the ,united ,states voted on all other loans1 financial assistance1 and technical assistance to such country during the preceding #b years2 and 7iii7 describe how the ,united ,states voting position relates to the overall ,united ,states ,government policy on human trafficking in such country2 and 7,f7 describe the efforts of each international financial institution to implement anti-human trafficking provisions in its project safeguards and procurement policies4 7c7 ,defined term ,in this section1 the term international financial institution includes-- 7#a7 the ,international ,bank for ,reconstruction and ,development2 7#b7 the ,european ,bank for ,reconstruction and ,development2 7#c7 the ,international ,development ,association2 7#d7 the ,international ,finance ,corporation2 7#e7 the ,multilateral ,investment ,guarantee ,agency2 7#f7 the ,inter-,american ,development ,bank2 7#g7 the ,inter-,american ,investment ,corporation2 7#h7 the ,asian ,development ,bank2 7#i7 the ,african ,development ,bank2 and 7#aj7 the ,african ,development ,fund4