H. R. 2620

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To authorize appropriations for fiscal years 2004 and 2005 for the Trafficking

Victims Protection Act of 2000, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Trafficking Victims Protection

Reauthorization Act of 2003’’.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Trafficking in persons continues to victimize countless

men, women, and children in the United States and abroad.

(2) Since the enactment of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106–386), the United

States Government has made significant progress in investigating and prosecuting acts of trafficking and in responding

to the needs of victims of trafficking in the United States

and abroad.

(3) On the other hand, victims of trafficking have faced

unintended obstacles in the process of securing needed assistance, including admission to the United States under section

101(a)(15)(T)(i) of the Immigration and Nationality Act.

(4) Additional research is needed to fully understand the

phenomenon of trafficking in persons and to determine the

most effective strategies for combating trafficking in persons.

(5) Corruption among foreign law enforcement authorities

continues to undermine the efforts by governments to investigate, prosecute, and convict traffickers.

(6) International Law Enforcement Academies should be

more fully utilized in the effort to train law enforcement

authorities, prosecutors, and members of the judiciary to

address trafficking in persons-related crimes.

SEC. 3. ENHANCING PREVENTION OF TRAFFICKING IN PERSONS.

(a) BORDER INTERDICTION, PUBLIC INFORMATION PROGRAMS,

AND COMBATING INTERNATIONAL SEX TOURISM.—Section 106 of the

Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is

amended—

(1) by redesignating subsection (c) as subsection (f);

(2) by inserting after subsection (b) the following new subsections:

‘‘(c) BORDER INTERDICTION.—The President shall establish and

carry out programs of border interdiction outside the United States.
H. R. 2620—2

Such programs shall include providing grants to foreign nongovernmental organizations that provide for transit shelters operating

at key border crossings and that help train survivors of trafficking

in persons to educate and train border guards and officials, and

other local law enforcement officials, to identify traffickers and

victims of severe forms of trafficking, and the appropriate manner

in which to treat such victims. Such programs shall also include,

to the extent appropriate, monitoring by such survivors of trafficking in persons of the implementation of border interdiction

programs, including helping in the identification of such victims

to stop the cross-border transit of victims. The President shall

ensure that any program established under this subsection provides

the opportunity for any trafficking victim who is freed to return

to his or her previous residence if the victim so chooses.

‘‘(d) INTERNATIONAL MEDIA.—The President shall establish and

carry out programs that support the production of television and

radio programs, including documentaries, to inform vulnerable

populations overseas of the dangers of trafficking, and to increase

awareness of the public in countries of destination regarding the

slave-like practices and other human rights abuses involved in

trafficking, including fostering linkages between individuals

working in the media in different countries to determine the best

methods for informing such populations through such media.

‘‘(e) COMBATING INTERNATIONAL SEX TOURISM.—

‘‘(1) DEVELOPMENT AND DISSEMINATION OF MATERIALS.—

The President, pursuant to such regulations as may be prescribed, shall ensure that materials are developed and disseminated to alert travelers that sex tourism (as described in subsections (b) through (f) of section 2423 of title 18, United

States Code) is illegal, will be prosecuted, and presents dangers

to those involved. Such materials shall be disseminated to

individuals traveling to foreign destinations where the President determines that sex tourism is significant.

‘‘(2) MONITORING OF COMPLIANCE.—The President shall

monitor compliance with the requirements of paragraph (1).

‘‘(3) FEASIBILITY REPORT.—Not later than 180 days after

the date of the enactment of the Trafficking Victims Protection

Reauthorization Act of 2003, the President shall transmit to

the Committee on International Relations of the House of Representatives and the Committee on Foreign Affairs of the

Senate a report that describes the feasibility of such United

States Government materials being disseminated through

public-private partnerships to individuals traveling to foreign

destinations.’’; and

(3) in subsection (f) (as redesignated), by striking ‘‘initiatives described in subsections (a) and (b)’’ and inserting ‘‘initiatives and programs described in subsections (a) through (e)’’.

(b) TERMINATION OF CERTAIN GRANTS, CONTRACTS AND

COOPERATIVE AGREEMENTS.—Section 106 of such Act (as amended

by subsection (a)) is further amended by adding at the end the

following new subsection:

‘‘(g) TERMINATION OF CERTAIN GRANTS, CONTRACTS AND

COOPERATIVE AGREEMENTS.—

‘‘(1) TERMINATION.—The President shall ensure that any

grant, contract, or cooperative agreement provided or entered

into by a Federal department or agency under which funds

described in paragraph (2) are to be provided to a private
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entity, in whole or in part, shall include a condition that authorizes the department or agency to terminate the grant, contract,

or cooperative agreement, without penalty, if the grantee or

any subgrantee, or the contractor or any subcontractor (i)

engages in severe forms of trafficking in persons or has procured

a commercial sex act during the period of time that the grant,

contract, or cooperative agreement is in effect, or (ii) uses

forced labor in the performance of the grant, contract, or

cooperative agreement.

‘‘(2) ASSISTANCE DESCRIBED.—Funds referred to in paragraph (1) are funds made available to carry out any program,

project, or activity abroad funded under major functional budget

category 150 (relating to international affairs).’’.

SEC. 4. ENHANCING PROTECTION FOR TRAFFICKING VICTIMS.

(a) AMENDMENTS TO TRAFFICKING VICTIMS PROTECTION ACT

OF 2000.—

(1) COOPERATION BETWEEN FOREIGN GOVERNMENTS AND

NONGOVERNMENTAL ORGANIZATIONS.—Section 107(a)(1)(B) of

the Trafficking Victims Protection Act of 2000 (22 U.S.C.

7105(a)(1)(B)) is amended by adding at the end before the

period the following: ‘‘, and by facilitating contact between

relevant foreign government agencies and such nongovernmental organizations to facilitate cooperation between the foreign governments and such organizations’’.

(2) ASSISTANCE FOR FAMILY MEMBERS OF VICTIMS OF TRAFFICKING IN UNITED STATES.—Section 107(b)(1) of the Trafficking

Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is

amended—

(A) in subparagraph (A), by inserting ‘‘, or an alien

classified as a nonimmigrant under section

101(a)(15)(T)(ii),’’ after ‘‘in persons’’; and

(B) in subparagraph (B)—

(i) by inserting ‘‘and aliens classified as a nonimmigrant under section 101(a)(15)(T)(ii),’’ after

‘‘United States,’’; and

(ii) by adding at the end the following new sentence: ‘‘In the case of nonentitlement programs funded

by the Secretary of Health and Human Services, such

benefits and services may include services to assist

potential victims of trafficking in achieving certification

and to assist minor dependent children of victims of

severe forms of trafficking in persons or potential victims of trafficking.’’.

(3) CERTIFICATION OF VICTIMS OF A SEVERE FORM OF TRAFFICKING IN PERSONS.—Section 107(b)(1)(E) of the Trafficking

Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is

amended by adding at the end the following new clause:

‘‘(iv) ASSISTANCE TO INVESTIGATIONS.—In making

the certification described in this subparagraph with

respect to the assistance to investigation or prosecution

described in clause (i)(I), the Secretary of Health and

Human Services shall consider statements from State

and local law enforcement officials that the person

referred to in subparagraph (C)(ii)(II) has been willing

to assist in every reasonable way with respect to the

investigation and prosecution of State and local crimes
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such as kidnapping, rape, slavery, or other forced labor

offenses, where severe forms of trafficking appear to

have been involved.’’.

(4) PRIVATE RIGHT OF ACTION.—

(A) IN GENERAL.—Chapter 77 of part I of title 18,

United States Code, is amended by adding at the end

the following new section:

‘‘§ 1595. Civil remedy

‘‘(a) An individual who is a victim of a violation of section

1589, 1590, or 1591 of this chapter may bring a civil action against

the perpetrator in an appropriate district court of the United States

and may recover damages and reasonable attorneys fees.

‘‘(b)(1) Any civil action filed under this section shall be stayed

during the pendency of any criminal action arising out of the

same occurrence in which the claimant is the victim.

‘‘(2) In this subsection, a ‘criminal action’ includes investigation

and prosecution and is pending until final adjudication in the

trial court.’’.

(B) CONFORMING AMENDMENT.—The table of contents

of chapter 77 of part I of title 18, United States Code,

is amended by adding at the end the following new item:

‘‘1595. Civil remedy.’’.

(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.—

(1) NONIMMIGRANT ALIEN CLASSES.—Section 101(a)(15)(T)

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T))

is amended—

(A) in clause (i)(III)(bb), by striking ‘‘15 years of age,’’

and inserting ‘‘18 years of age,’’; and

(B) in clause (ii)(I), by inserting ‘‘unmarried siblings

under 18 years of age on the date on which such alien

applied for status under such clause,’’ before ‘‘and parents’’.

(2) ADMISSION OF NONIMMIGRANTS.—Section 214(n) of the

Immigration and Nationality Act (8 U.S.C. 1184(n)) is

amended—

(A) in paragraph (3), by inserting ‘‘siblings,’’ before

‘‘or parents’’; and

(B) by adding at the end the following:

‘‘(4) An unmarried alien who seeks to accompany, or follow

to join, a parent granted status under section 101(a)(15)(T)(i), and

who was under 21 years of age on the date on which such parent

applied for such status, shall continue to be classified as a child

for purposes of section 101(a)(15)(T)(ii), if the alien attains 21

years of age after such parent’s application was filed but while

it was pending.

‘‘(5) An alien described in clause (i) of section 101(a)(15)(T)

shall continue to be treated as an alien described in clause (ii)(I)

of such section if the alien attains 21 years of age after the alien’s

application for status under such clause (i) is filed but while it

is pending. ‘‘(6) In making a determination under section

101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements from

State and local law enforcement officials that the alien has complied

with any reasonable request for assistance in the investigation

or prosecution of crimes such as kidnapping, rape, slavery, or other

forced labor offenses, where severe forms of trafficking in persons
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(as defined in section 103 of the Trafficking Victims Protection

Act of 2000) appear to have been involved, shall be considered.’’.

(3) ADJUSTMENT OF STATUS.—Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 1255(l)) (as added by section

107(f) of Public Law 106–386) is amended—

(A) in paragraph (1)—

(i) by striking ‘‘admitted under that section’’ and

inserting ‘‘admitted under section 101(a)(15)(T)(ii)’’;

and

(ii) by inserting ‘‘sibling,’’ after ‘‘parent,’’; and

(B) in paragraph (3)(B), by inserting ‘‘siblings,’’ after

‘‘daughters,’’.

(4) EXEMPTION FROM PUBLIC CHARGE GROUND FOR INADMISSIBILITY.—Section 212(d)(13) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(13)), as added by section 107(e)(3)

of the Trafficking Victims Protection Act of 2000 (22 U.S.C.

7105(e)(3)), is amended—

(A) in subparagraph (A), by striking the period at

the end and adding the following:

‘‘, except that the ground for inadmissibility described in subsection

(a)(4) shall not apply with respect to such a nonimmigrant.’’; and

(B) in subparagraph (B)—

(i) by amending clause (i) to read as follows:

‘‘(i) subsection (a)(1); and’’; and

(ii) in clause (ii)—

(I) by striking ‘‘such subsection’’ and inserting

‘‘subsection (a)’’; and

(II) by inserting ‘‘(4),’’ after ‘‘(3),’’.

(5) AGGRAVATED FELONY DEFINED.—Section

101(a)(43)(K)(iii) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(43)(K)(iii)) is amended to read as follows:

‘‘(iii) is described in any of sections 1581–1585

or 1588–1591 of title 18, United States Code (relating

to peonage, slavery, involuntary servitude, and trafficking in persons);’’.

SEC. 5. ENHANCING PROSECUTIONS OF TRAFFICKERS.

(a) SEX TRAFFICKING OF CHILDREN OR BY FORCE, FRAUD, OR

COERCION.—Section 1591 of title 18, United States Code, is

amended—

(1) in the heading, by inserting a comma after ‘‘FRAUD’’;

(2) in subsection (a)(1), by striking ‘‘in or affecting interstate

commerce’’ and inserting ‘‘in or affecting interstate or foreign

commerce, or within the special maritime and territorial jurisdiction of the United States’’; and

(3) in subsection (b), by striking ‘‘the person transported’’

each place it appears and inserting ‘‘the person recruited,

enticed, harbored, transported, provided, or obtained’’.

(b) DEFINITION OF RACKETEERING ACTIVITY.—Section 1961(1)(A)

of title 18, United States Code, is amended by striking ‘‘sections

1581–1588 (relating to peonage and slavery)’’ and inserting ‘‘sections

1581–1591 (relating to peonage, slavery, and trafficking in persons).’’.

(c) CONFORMING AMENDMENTS.—(1) The heading for chapter

77 of part I of title 18, United States Code, is amended to read

as follows:
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‘‘CHAPTER 77—PEONAGE, SLAVERY, AND TRAFFICKING

IN PERSONS’’.

(2) The table of contents for part I of title 18, United States

Code, is amended in the item relating to chapter 77 to read as

follows:

‘‘77. Peonage, slavery, and trafficking in persons’’.

SEC. 6. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING.

(a) REPORT.—

(1) IN GENERAL.—Section 105(d) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d))

is amended by adding at the end the following new paragraph:

‘‘(7) Not later than May 1, 2004, and annually thereafter,

the Attorney General shall submit to the Committee on Ways

and Means, the Committee on International Relations, and

the Committee on the Judiciary of the House of Representatives

and the Committee on Finance, the Committee on Foreign

Relations, and the Committee on the Judiciary of the Senate,

a report on Federal agencies that are implementing any provision of this division, or any amendment made by this division,

which shall include, at a minimum, information on—

‘‘(A) the number of persons who received benefits or

other services under section 107(b) in connection with programs or activities funded or administered by the Secretary

of Health and Human Services, the Secretary of Labor,

the Board of Directors of the Legal Services Corporation,

and other appropriate Federal agencies during the preceding fiscal year;

‘‘(B) the number of persons who have been granted

continued presence in the United States under section

107(c)(3) during the preceding fiscal year;

‘‘(C) the number of persons who have applied for, been

granted, or been denied a visa or otherwise provided status

under section 101(a)(15)(T)(i) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)) during the preceding fiscal year;

‘‘(D) the number of persons who have been charged

or convicted under one or more of sections 1581, 1583,

1584, 1589, 1590, 1591, 1592, or 1594 of title 18, United

States Code, during the preceding fiscal year and the sentences imposed against each such person;

‘‘(E) the amount, recipient, and purpose of each grant

issued by any Federal agency to carry out the purposes

of sections 106 and 107 of this Act, or section 134 of

the Foreign Assistance Act of 1961, during the preceding

fiscal year;

‘‘(F) the nature of training conducted pursuant to section 107(c)(4) during the preceding fiscal year; and ‘‘(G) the activities undertaken by the Senior Policy

Operating Group to carry out its responsibilities under

section 105(f) of this division.’’.

(2) CONFORMING AMENDMENT.—Section 107(b)(1) of the Victims of Trafficking and Violence Protection Act of 2000 (22

U.S.C. 7105(b)(1)) is amended by striking subparagraph (D).
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(b) SUPPORT FOR THE TASK FORCE.—

(1) AMENDMENT.—The second sentence of section 105(e)

of the Victims of Trafficking and Violence Protection Act of

2000 (22 U.S.C. 7103(e)) is amended by inserting at the end

before the period the following: ‘‘, who shall be appointed by

the President, by and with the advice and consent of the Senate,

with the rank of Ambassador-at-Large’’.

(2) APPLICABILITY.—The individual who holds the position

of Director of the Office to Monitor and Combat Trafficking

of the Department of State may continue to hold such position

notwithstanding the amendment made by paragraph (1).

(c) SENIOR POLICY OPERATING GROUP.—

(1) AMENDMENT.—Section 105 of the Victims of Trafficking

and Violence Protection Act of 2000 (22 U.S.C. 7103) is amended

by adding at the end the following new subsection:

‘‘(f) SENIOR POLICY OPERATING GROUP.—

‘‘(1) ESTABLISHMENT.—There shall be established within

the executive branch a Senior Policy Operating Group.

‘‘(2) MEMBERSHIP; RELATED MATTERS.—

‘‘(A) IN GENERAL.—The Operating Group shall consist

of the senior officials designated as representatives of the

appointed members of the Task Force (pursuant to Executive Order No. 13257 of February 13, 2002).

‘‘(B) CHAIRPERSON.—The Operating Group shall be

chaired by the Director of the Office to Monitor and Combat

Trafficking of the Department of State.

‘‘(C) MEETINGS.—The Operating Group shall meet on

a regular basis at the call of the Chairperson.

‘‘(3) DUTIES.—The Operating Group shall coordinate activities of Federal departments and agencies regarding policies

(including grants and grant policies) involving the international

trafficking in persons and the implementation of this division.

‘‘(4) AVAILABILITY OF INFORMATION.—Each Federal department or agency represented on the Operating Group shall fully

share all information with such Group regarding the department or agency’s plans, before and after final agency decisions

are made, on all matters relating to grants, grant policies,

and other significant actions regarding the international trafficking in persons and the implementation of this division.

‘‘(5) REGULATIONS.—Not later than 90 days after the date

of the enactment of the Trafficking Victims Protection

Reauthorization Act of 2003, the President shall promulgate

regulations to implement this section, including regulations

to carry out paragraph (4).’’.

(2) CONFORMING AMENDMENT.—Section 406 of the Department of State and Related Agency Appropriations Act, 2003

(as contained in division B of Public Law 108–7) is hereby

repealed.

(d) MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.—Section 108(b) of the Victims of Trafficking and Violence

Protection Act of 2000 (22 U.S.C. 7106(b)) is amended—

(1) in paragraph (1)— (A) by striking ‘‘that take place wholly or partly within

the territory of the country’’ and inserting ‘‘, and convicts

and sentences persons responsible for such acts, that take

place wholly or partly within the territory of the country’’;

and
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(B) by adding at the end the following new sentences:

‘‘After reasonable requests from the Department of State

for data regarding investigations, prosecutions, convictions,

and sentences, a government which does not provide such

data, consistent with the capacity of such government to

obtain such data, shall be presumed not to have vigorously

investigated, prosecuted, convicted or sentenced such acts.

During the periods prior to the annual report submitted

on June 1, 2004, and on June 1, 2005, and the periods

afterwards until September 30 of each such year, the Secretary of State may disregard the presumption contained

in the preceding sentence if the government has provided

some data to the Department of State regarding such acts

and the Secretary has determined that the government

is making a good faith effort to collect such data.’’;

(2) in paragraph (7)—

(A) by striking ‘‘and prosecutes’’ and inserting ‘‘, prosecutes, convicts, and sentences’’; and

(B) by adding at the end the following new sentence:

‘‘After reasonable requests from the Department of State

for data regarding such investigations, prosecutions, convictions, and sentences, a government which does not provide

such data consistent with its resources shall be presumed

not to have vigorously investigated, prosecuted, convicted,

or sentenced such acts. During the periods prior to the

annual report submitted on June 1, 2004, and on June

1, 2005, and the periods afterwards until September 30

of each such year, the Secretary of State may disregard

the presumption contained in the preceding sentence if

the government has provided some data to the Department

of State regarding such acts and the Secretary has determined that the government is making a good faith effort

to collect such data.’’. (3) by adding the following new paragraphs at the end:

‘‘(8) Whether the percentage of victims of severe forms

of trafficking in the country that are non-citizens of such countries is insignificant. ‘‘(9) Whether the government of the country, consistent

with the capacity of such government, systematically monitors

its efforts to satisfy the criteria described in paragraphs (1)

through (8) and makes available publicly a periodic assessment

of such efforts. ‘‘(10) Whether the government of the country achieves

appreciable progress in eliminating severe forms of trafficking

when compared to the assessment in the previous year.’’.

(e) SPECIAL WATCH LIST.—Section 110(b) of the Trafficking

Victims Protection Act of 2000 (22 U.S.C. 7107(b)) is amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph:

‘‘(3) SPECIAL WATCH LIST.— ‘‘(A) SUBMISSION OF LIST.—Not later than the date

on which the determinations described in subsections (c)

and (d) are submitted to the appropriate congressional

committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary
H. R. 2620—9

determines requires special scrutiny during the following

year. The list shall be composed of the following countries:

‘‘(i) Countries that have been listed pursuant to

paragraph (1)(A) in the current annual report and

were listed pursuant to paragraph (1)(B) in the previous annual report.

‘‘(ii) Countries that have been listed pursuant to

paragraph (1)(B) pursuant to the current annual report

and were listed pursuant to paragraph (1)(C) in the

previous annual report.

‘‘(iii) Countries that have been listed pursuant to

paragraph (1)(B) pursuant to the current annual

report, where—

‘‘(I) the absolute number of victims of severe

forms of trafficking is very significant or is significantly increasing;

‘‘(II) there is a failure to provide evidence of

increasing efforts to combat severe forms of trafficking in persons from the previous year,

including increased investigations, prosecutions

and convictions of trafficking crimes, increased

assistance to victims, and decreasing evidence of

complicity in severe forms of trafficking by government officials; or

‘‘(III) the determination that a country is

making significant efforts to bring themselves into

compliance with minimum standards was based

on commitments by the country to take additional

future steps over the next year.

‘‘(B) INTERIM ASSESSMENT.—Not later than February

1st of each year, the Secretary of State shall provide to

the appropriate congressional committees an assessment

of the progress that each country on the special watch

list described in subparagraph (A) has made since the

last annual report.

‘‘(C) RELATION OF SPECIAL WATCH LIST TO ANNUAL TRAFFICKING IN PERSONS REPORT.—A determination that a

country shall not be placed on the special watch list

described in subparagraph (A) shall not affect in any way

the determination to be made in the following year as

to whether a country is complying with the minimum

standards for the elimination of trafficking or whether

a country is making significant efforts to bring itself into

compliance with such standards.’’.

(f) ENHANCING UNITED STATES ASSISTANCE.—Section 134(b) of

the Foreign Assistance Act of 1961 (22 U.S.C. 2152d(b)) is amended

by adding at the end the following new sentence: ‘‘Assistance may

be provided under this section notwithstanding section 660 of this

Act.’’.

(g) RESEARCH RELATING TO TRAFFICKING IN PERSONS.—

(1) IN GENERAL.—The Victims of Trafficking and Violence

Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended

by inserting after section 112 the following new section:
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‘‘SEC. 112A. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN PERSONS.

‘‘The President, acting through the Council of Economic

Advisors, the National Research Council of the National Academies,

the Secretary of Labor, the Secretary of Health and Human Services, the Attorney General, the Secretary of State, the Administrator

of the United States Agency for International Development, and

the Director of Central Intelligence, shall carry out research,

including by providing grants to nongovernmental organizations,

as well as relevant United States Government agencies and international organizations, which furthers the purposes of this division

and provides data to address the problems identified in the findings

of this division. Such research initiatives shall, to the maximum

extent practicable, include, but not be limited to, the following:

‘‘(1) The economic causes and consequences of trafficking

in persons.

‘‘(2) The effectiveness of programs and initiatives funded

or administered by Federal agencies to prevent trafficking in

persons and to protect and assist victims of trafficking.

‘‘(3) The interrelationship between trafficking in persons

and global health risks.’’.

(2) CONFORMING AMENDMENT.—The table of contents of

the Victims of Trafficking and Violence Protection Act of 2000

is amended by inserting after the item relating to section 112

the following new item:

‘‘Sec. 112A. Research on domestic and international trafficking in persons.’’.

(h) SANCTIONS AND WAIVERS.—Section 110(d) of the Trafficking

Victims Protection Act of 2000 (22 U.S.C. 7107(d)) is amended—

(1) in paragraph (4), by inserting after ‘‘nonhumanitarian,

nontrade-related foreign assistance’’ the following: ‘‘or funding

for participation in educational and cultural exchange programs’’; and

(2) in paragraph (5)(A)(i), by inserting after ‘‘foreign assistance’’ the following: ‘‘or funding for participation in educational

and cultural exchange programs’’.

(i) SUBSEQUENT WAIVER AUTHORITY.—Section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) is amended

by adding at the end the following new subsection:

‘‘(f) After the President has made a determination described

in subsection (d)(1) with respect to the government of a country,

the President may at any time make a determination described

in paragraphs (4) and (5) of subsection (d) to waive, in whole

or in part, the measures imposed against the country by the previous determination under subsection (d)(1).’’.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS; RELATED MATTERS.

Section 113 of the Trafficking Victims Protection Act of 2000

(22 U.S.C. 7110) is amended— (1) in subsection (a)— (A) by striking ‘‘105’’ and inserting ‘‘105(e), 105(f)’’;

and

(B) by striking ‘‘and $3,000,000 for each of the fiscal

years 2002 and 2003’’ and inserting ‘‘, $3,000,000 for each

of the fiscal years 2002 and 2003, and $5,000,000 for each

of the fiscal years 2004 and 2005’’;
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(2) in subsection (b), by adding at the end before the

period the following: ‘‘and $15,000,000 for each of the fiscal

years 2004 and 2005’’;

(3) in subsection (c)—

(A) in paragraph (1) to read as follows:

‘‘(1) BILATERAL ASSISTANCE TO COMBAT TRAFFICKING.—

‘‘(A) PREVENTION.—To carry out the purposes of section

106, there are authorized to be appropriated to the Secretary of State $10,000,000 for each of the fiscal years

2004 and 2005.

‘‘(B) PROTECTION.—To carry out the purposes of section

107(a), there are authorized to be appropriated to the Secretary of State $15,000,000 for fiscal year 2003 and

$10,000,000 for each of the fiscal years 2004 and 2005.

‘‘(C) PROSECUTION AND MEETING MINIMUM STANDARDS.—To carry out the purposes of section 134 of the

Foreign Assistance Act of 1961, there are authorized to

be appropriated $10,000,000 for each of the fiscal years

2004 and 2005 to assist in promoting prosecution of traffickers and otherwise to assist countries in meeting the

minimum standards described in section 108 of this Act,

including $250,000 for each such fiscal year to carry out

training activities for law enforcement officers, prosecutors,

and members of the judiciary with respect to trafficking

in persons at the International Law Enforcement Academies.’’; and

(B) in paragraph (2), by striking ‘‘for each of the fiscal

years 2001, 2002, and 2003’’ and inserting ‘‘for each of

the fiscal years 2001 through 2005’’;

(4) in subsection (d)—

(A) by adding at the end before the period the following:

‘‘and $15,000,000 for each of the fiscal years 2004 and

2005’’; and

(B) by adding at the end the following new sentence:

‘‘To carry out the purposes of section 134 of the Foreign

Assistance Act of 1961 (as added by section 109), there

are authorized to be appropriated to the President, acting

through the Attorney General and the Secretary of State,

$250,000 for each of fiscal years 2004 and 2005 to carry

out training activities for law enforcement officers, prosecutors, and members of the judiciary with respect to trafficking in persons at the International Law Enforcement

Academies.’’;

(5) in subsection (e)—

(A) in paragraphs (1) and (2), by striking ‘‘for fiscal

year 2003’’ each place it appears and inserting ‘‘for each

of the fiscal years 2003 through 2005’’; and

(B) by adding at the end the following new paragraph:

‘‘(3) RESEARCH.—To carry out the purposes of section 112A,

there are authorized to be appropriated to the President

$300,000 for fiscal year 2004 and $300,000 for fiscal year 2005.’’;

(6) in subsection (f), by adding at the end before the period

the following: ‘‘and $10,000,000 for each of the fiscal years

2004 and 2005’’; and

(7) by adding at the end the following new subsection:

‘‘(g) LIMITATION ON USE OF FUNDS.—
H. R. 2620—12

‘‘(1) RESTRICTION ON PROGRAMS.—No funds made available

to carry out this division, or any amendment made by this

division, may be used to promote, support, or advocate the

legalization or practice of prostitution. Nothing in the preceding

sentence shall be construed to preclude assistance designed

to promote the purposes of this Act by ameliorating the suffering of, or health risks to, victims while they are being trafficked or after they are out of the situation that resulted from

such victims being trafficked.

‘‘(2) RESTRICTION ON ORGANIZATIONS.—No funds made

available to carry out this division, or any amendment made

by this division, may be used to implement any program that

targets victims of severe forms of trafficking in persons

described in section 103(8)(A) of this Act through any organization that has not stated in either a grant application, a grant

agreement, or both, that it does not promote, support, or advocate the legalization or practice of prostitution. The preceding

sentence shall not apply to organizations that provide services

to individuals solely after they are no longer engaged in activities that resulted from such victims being trafficked.’’.

SEC. 8. TECHNICAL CORRECTIONS.

(a) IMMIGRATION AND NATIONALITY ACT.—

(1) CLASSES OF NONIMMIGRANT ALIENS.—Section 101(a)(15)

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))

is amended—

(A) by moving the margins of subparagraphs (T) and

(U) 2 ems to the left;

(B) in subparagraph (T), by striking ‘‘214(n),’’ and

inserting ‘‘214(o),’’;

(C) in subparagraph (U), by striking ‘‘214(o),’’ and

inserting ‘‘214(p),’’; and

(D) in subparagraph (V), by striking ‘‘214(o),’’ and

inserting ‘‘214(q),’’.

(2) CLASSES OF ALIENS INELIGIBLE FOR VISAS AND ADMISSION.—Section 212(d) of the Immigration and Nationality Act

(8 U.S.C. 1182(d)) is amended by redesignating the paragraph

(13) added by section 1513(e) of the Battered Immigrant Women

Protection Act of 2000 (title V of division B of Public Law

106–386; 114 Stat. 1536) as paragraph (14).

(3) ADMISSION OF NONIMMIGRANTS.—Section 214 of the

Immigration and Nationality Act (8 U.S.C. 1184) is amended

by redesignating subsections (m) (as added by section 105 of

Public Law 106–313), (n) (as added by section 107(e) of Public

Law 106–386), (o) (as added by section 1513(c) of Public Law

106–386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b)

of the Legal Immigration Family Equity Act) as subsections

(n), (o), (p), (q), and (r), respectively.

(4) ADJUSTMENT OF STATUS OF NONIMMIGRANTS.—Section

245 of the Immigration and Nationality Act (8 U.S.C. 1255)

is amended—

(A) in the subsection (l) added by section 107(f) of

Public Law 106–386, by redesignating the second paragraph (2), and paragraphs (3) and (4), as paragraphs (3),

(4), and (5), respectively; and
H. R. 2620—13

(B) by redesignating the subsection (l) added by section

1513(f) of Public Law 106–386 as subsection (m).

(b) TRAFFICKING VICTIMS PROTECTION ACT OF 2000.—(1) Section

103(7)(A)(i) of the Trafficking Victims Protection Act of 2000 (22

U.S.C. 7102(7)(A)(i)) is amended by inserting after ‘‘part II of that

Act’’ the following: ‘‘in support of programs of nongovernmental

organizations’’.

(2) Section 107(g) of the Trafficking Victims Protection Act

of 2000 (22 U.S.C. 7105(g)) is amended by striking ‘‘214(n)(1)’’

and inserting ‘‘214(o)(2)’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.