Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2023

The automatic downgrade threshold for countries on the Tier 2 Watch List was changed from more than 1 consecutive year to more than 2 consecutive years before a country is moved to Tier 3, giving countries an additional year to improve before facing sanctions.

New Section 204 amends the Foreign Assistance Act to require that foreign assistance policies include effective counter-trafficking in persons programs as a criterion, and that humanitarian assistance not create conditions expected to increase trafficking of vulnerable populations during disasters.

Section 201(b) was narrowed so that the competitive award requirement applies only to grants under section 1298 of the NDAA 2017 as amended by subsection (a), rather than all grants broadly.

New Section 205 rewrites the definition of nonhumanitarian, nontrade-related foreign assistance (the type withheld from Tier 3 countries) with an extensive list of exceptions including health programs, disaster relief, antiterrorism assistance, Food for Peace, refugee assistance, NGO-delivered programs, and presidential determinations. This substantially narrows what would actually be cut off for Tier 3 countries.

New Section 206 requires the annual Trafficking in Persons Report to include information about trafficking for the purpose of organ removal, including cases and government steps to prevent, identify, and eliminate such trafficking.

New Section 207 repeals a duplicative reporting requirement at 19 U.S.C. 4205(b)(6)(C) from the Bipartisan Congressional Trade Priorities and Accountability Act.

The overall authorization in Section 301(c)(1) was increased from $65,000,000 to $116,400,000 per fiscal year for 2024-2028. A new cap of $37,500,000 per year is set for programs to end modern slavery, and a new allocation of $22,000,000 per year is designated for USAID (including $2,000,000 specifically for countering trafficking from Mexico, Guatemala, Honduras, and El Salvador).

The authorization in Section 301(a) was increased from $13,822,000 to $17,000,000 per fiscal year, and the authorization in Section 301(b)(1)(B) was increased from $19,500,000 to $25,000,000 per fiscal year, with $5,000,000 specifically designated for the National Human Trafficking Hotline and cybersecurity/public education campaigns.