12 2 STA T .5049PUBLIC LA W 110 – 45 7—DE C.2 3, 200 8prec e dings en t ence , s u spended o r signi f ic a nt ly- reduced sen- tences for con v ictions of principal actors in cases of severe for m s of traffic k ing in persons s h all b e considered, on a case-by-case basis, w hether to be considered an indicator of serious and sustained efforts to eliminate severe forms of trafficking in persons .’ ’
- (B)
in paragraph ( 2 ), by inserting before the period at the end the following
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‘, including by providing training to law enforcement and immigration officials regarding the identification and treatment of trafficking victims using approaches that focus on the needs of the victims’’; ( C ) in paragraph ( 3 ), by striking ‘‘measures to reduce the demand for commercial se x acts and for participation in international sex tourism by nationals of the country’’ and inserting ‘‘measures to establish the identity of local populations, including birth registration, citi z enship, and nationality’’; and ( D ) by adding at the end the following: ‘‘( 1 1) W hether the government of the country has made serious and sustained efforts to reduce the demand for — ‘‘( A ) commercial sex acts; and ‘‘(B) participation in international sex tourism by nationals of the country.’’. SEC.107 . A C TION SA G AINST GO V E R N M ENTS F AI L ING TO MEET MIN - IM U M STAN D ARDS. (a) C OUNTRIES ON SP E C I AL WATC HL IST R ELATIN G TO T RA F - FIC K ING IN P ERSONS FOR 2 CONSECUTI V E Y EARS.—Section 11 0 (b)(3) of the Trafficking V ictims Protection Act of 2000 (22 U .S.C. 7 107(b)(3)) is amended by adding at the end the following: ‘‘(D) COUNTRIES ON SPECIAL W ATCH LIST FOR 2 CONSECUTIVE Y EARS.— ‘‘(i) I N GENERAL.— E xcept as provided under clause (ii), a country that is included on the special watch list described in subparagraph (A) for 2 consecutive years after the date of the enactment of this subpara- graph, shall be included on the list of countries described in paragraph (1)(C). ‘‘(ii) E X ERCISE OF WAIVER AUTHORITY.—The Presi- dent may waive the application of clause (i) for up to 2 years if the President determines, and reports credible evidence to the Committee on F oreign Rela- tions of the Senate and the Committee on Foreign Affairs of the H ouse of Representatives, that such a waiver is j ustified because— ‘‘(I) the country has a written plan to begin making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking; ‘‘(II) the plan, if implemented, would constitute making such significant efforts; and ‘‘(III) the country is devoting sufficient resources to implement the plan.’’. (b) CLARIFICATION OF M EASURES AGAINST CERTAIN FOREIGN COUNTRIES.—Section 110(d)(1)(A)(ii) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d)(1)(A)) is amended by inserting ‘‘such assistance to the government of the country for
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