IB 

Union Calendar No. 166

108TH CONGRESS 

1ST SESSION H. R. 2620

[Report No. 108–264, Parts I and II] 

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

Victims Protection Act of 2000, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2003

Mr. SMITH of New Jersey (for himself, Mr. LANTOS, Mr. PITTS, Ms. SLAUGHTER, and Ms. ESHOO) introduced the following bill; which was referred 

to the Committee on International Relations, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

SEPTEMBER 5, 2003

Reported from the Committee on International Relations with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 5, 2003

Referral to the Committee on the Judiciary extended for a period ending not 

later than September 29, 2003

SEPTEMBER 29, 2003

Additional sponsors: Mr. ABERCROMBIE, Mr. NADLER, Mr. KUCINICH, Mr. 

PENCE, Ms. WOOLSEY, Mr. MCGOVERN, Ms. ROS-LEHTINEN, Mr. 

MCDERMOTT, Mr. KING of New York, Mr. WEXLER, and Mrs. JO ANN

DAVIS of Virginia 

SEPTEMBER 29, 2003

Reported from the Committee on the Judiciary with an amendment 
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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 26, 2003] 

A BILL

To authorize appropriations for fiscal years 2004 and 2005 

for the Trafficking Victims Protection Act of 2000, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trafficking Victims Pro5 tection Reauthorization Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Trafficking in persons continues to victimize 

9 countless men, women, and children in the United 

10 States and abroad. 

11 (2) Since the enactment of the Trafficking Vic12 tims Protection Act of 2000 (division A of Public 

13 Law 106–386), the United States Government has 

14 made significant progress in investigating and pros15 ecuting acts of trafficking and in responding to the 

16 needs of victims of trafficking in the United States 

17 and abroad. 
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1 (3) On the other hand, victims of trafficking 

2 have faced unintended obstacles in the process of se3 curing needed assistance, including admission to the 

4 United States under section 101(a)(15)(T)(i) of the 

5 Immigration and Nationality Act. 

6 (4) Additional research is needed to fully under7 stand the phenomenon of trafficking in persons and 

8 to determine the most effective strategies for com9 bating trafficking in persons. 

10 (5) Corruption among foreign law enforcement 

11 authorities continues to undermine the efforts by gov12 ernments to investigate, prosecute, and convict traf13 fickers. 

14 (6) International Law Enforcement Academies 

15 should be more fully utilized in the effort to train law 

16 enforcement authorities, prosecutors, and members of 

17 the judiciary to address trafficking in persons-related 

18 crimes. 

19 SEC. 3. ENHANCING PREVENTION OF TRAFFICKING IN PER20 SONS. 

21 (a) BORDER INTERDICTION, PUBLIC INFORMATION

22 PROGRAMS, AND COMBATING INTERNATIONAL SEX TOUR23 ISM.—Section 106 of the Trafficking Victims Protection Act 

24 of 2000 (22 U.S.C. 7104) is amended—
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1 (1) by redesignating subsection (c) as subsection 

2 (f); 

3 (2) by inserting after subsection (b) the following 

4 new subsections: 

5 ‘‘(c) BORDER INTERDICTION.—The President shall es6 tablish and carry out programs of foreign border interdic7 tion by providing grants to nongovernmental organizations 

8 that provide for transit shelters operating at key border 

9 crossings and that help train survivors of trafficking in per10 sons to educate and train border guards and officials, and 

11 other local law enforcement officials, to identify traffickers 

12 and victims of severe forms of trafficking, and the appro13 priate manner in which to treat such victims, as well as, 

14 to the extent appropriate, monitoring the implementation 

15 of border interdiction programs, including helping in the 

16 identification of such victims to stop the cross-border transit 

17 of victims. The President shall ensure that any program 

18 established under this subsection provides the opportunity 

19 for any trafficking victim who is freed to return to his or 

20 her previous residence if the victim so chooses. 

21 ‘‘(d) INTERNATIONAL MEDIA.—The President shall es22 tablish and carry out programs that support the production 

23 of television and radio programs, including documentaries, 

24 to inform vulnerable populations overseas of the dangers of 

25 trafficking, and to increase awareness of the public in coun-
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1 tries of destination regarding the slave-like practices and 

2 other human rights abuses involved in trafficking, includ3 ing fostering linkages between individuals working in the 

4 media in different countries to determine the best methods 

5 for informing such populations through such media. 

6 ‘‘(e) COMBATING INTERNATIONAL SEX TOURISM.—

7 ‘‘(1) DEVELOPMENT AND DISSEMINATION OF MA8 TERIALS.—The President, pursuant to such regula9 tions as may be prescribed, shall (A) require that air10 lines organized under the laws of the United States 

11 and other airlines operating in the United States de12 velop and disseminate materials alerting travelers 

13 that sex tourism (as defined in section 2423(b-e) of 

14 title 18, United States Code) is illegal, will be pros15 ecuted, and presents dangers to those involved, and 

16 (B) encourage such airlines to work with nongovern17 mental organizations in developing these materials. 

18 Such materials may include, for example, brochures, 

19 public service announcements, and billboards. 

20 ‘‘(2) MONITORING OF COMPLIANCE.—The Presi21 dent shall monitor compliance with the requirements 

22 of paragraph (1).’’; and 

23 (3) in subsection (f) (as redesignated), by strik24 ing ‘‘initiatives described in subsections (a) and (b)’’ 
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1 and inserting ‘‘initiatives and programs described in 

2 subsections (a) through (e)’’. 

3 (b) TERMINATION OF CERTAIN GRANTS, CONTRACTS

4 AND COOPERATIVE AGREEMENTS.—Section 106 of such Act 

5 (as amended by subsection (a)) is further amended by add6 ing at the end the following new subsection: 

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

8 AND COOPERATIVE AGREEMENTS.—

9 ‘‘(1) TERMINATION.—

10 ‘‘(A) IN GENERAL.—The President shall en11 sure that any grant, contract, or cooperative 

12 agreement provided or entered into by a Federal 

13 department or agency under which funds de14 scribed in paragraph (2) are to be provided to 

15 a private entity, in whole or in part, shall in16 clude a condition that authorizes the department 

17 or agency to terminate the grant, contract, or co18 operative agreement, without penalty, if the 

19 grantee or any subgrantee, or the contractor or 

20 any subcontractor (i) engages in severe forms of 

21 trafficking in persons or has procured a commer22 cial sex act during the period of time that the 

23 grant, contract, or cooperative agreement is in 

24 effect, or (ii) uses forced labor in the performance 

25 of the grant, contract, or cooperative agreement. 
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1 ‘‘(B) DEFINITION.—In subparagraph (A), 

2 the term ‘severe forms of trafficking in persons’ 

3 has the meaning given the term in section 103(8) 

4 of the Trafficking Victims Protection Act of 2000 

5 (22 U.S.C. 7102(8)). 

6 ‘‘(2) ASSISTANCE DESCRIBED.—Funds referred 

7 to in paragraph (1) are funds made available to 

8 carry out any program, project, or activity funded 

9 under major functional budget category 150 (relating 

10 to international affairs).’’. 

11 SEC. 4. ENHANCING PROTECTION FOR TRAFFICKING VIC12 TIMS. 

13 (a) AMENDMENTS TO TRAFFICKING VICTIMS PROTEC14 TION ACT OF 2000.—

15 (1) COOPERATION BETWEEN FOREIGN GOVERN16 MENTS AND NONGOVERNMENTAL ORGANIZATIONS.—

17 Section 107(a)(1)(B) of the Trafficking Victims Pro18 tection Act of 2000 (22 U.S.C. 7105(a)(1)(B)) is 

19 amended by adding at the end before the period the 

20 following: ‘‘, and by facilitating contact between rel21 evant foreign government agencies and such non22 governmental organizations to facilitate cooperation 

23 between the foreign governments and such organiza24 tions’’. 
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1 (2) ASSISTANCE FOR FAMILY MEMBERS OF VIC2 TIMS OF TRAFFICKING IN UNITED STATES.—Section 

3 107(b)(1) of the Trafficking Victims Protection Act of 

4 2000 (22 U.S.C. 7105(b)(1)) is amended—

5 (A) in subparagraph (A), by inserting ‘‘, or 

6 an alien classified as a nonimmigrant under sec7 tion 101(a)(15)(T)(ii),’’ after ‘‘in persons’’; and 

8 (B) in subparagraph (B), by inserting ‘‘and 

9 aliens classified as a nonimmigrant under sec10 tion 101(a)(15)(T)(ii),’’ after ‘‘United States,’’. 

11 (3) CERTIFICATION OF VICTIMS OF A SEVERE

12 FORM OF TRAFFICKING IN PERSONS.—Section 

13 107(b)(1)(E)(i)(I) of the Trafficking Victims Protec14 tion Act of 2000 (22 U.S.C. 7105(b)(1)(E)(i)(I)) is 

15 amended by striking ‘‘the investigation and prosecu16 tion’’ and inserting ‘‘any Federal, State, or local in17 vestigation or prosecution’’. 

18 (4) PRIVATE RIGHT OF ACTION.—Section 107(b) 

19 of the Trafficking Victims Protection Act of 2000 (22 

20 U.S.C. 7105(b)) is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(3) CIVIL ACTION.—An individual who is a vic23 tim of a violation of section 1589, 1590, or 1591 of 

24 title 18, United States Code, may bring a civil action 

25 in any appropriate district court of the United 
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1 States. The court may award actual damages, puni2 tive damages, reasonable attorneys’ fees, and other 

3 litigation costs reasonably incurred.’’. 

4 (b) AMENDMENTS TO IMMIGRATION AND NATIONALITY

5 ACT.—

6 (1) DEFINITIONS.—Section 101(a)(15)(T) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1101(a)(15)(T)) is amended—

9 (A) in clause (i)(III)(aa), by inserting 

10 ‘‘from any Federal, State, or local law enforce11 ment agency’’ after ‘‘reasonable request’’; 

12 (B) in clause (i)(III)(bb), by striking ‘‘15 

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

14 and 

15 (C) in clause (ii)(I), by inserting ‘‘unmar16 ried siblings under 18 years of age,’’ before ‘‘and 

17 parents’’. 

18 (2) ADMISSION OF NONIMMIGRANTS.—Section 

19 214(n)(3) of the Immigration and Nationality Act (8 

20 U.S.C. 1184(n)(3)) is amended by inserting ‘‘sib21 lings,’’ before ‘‘or parents’’. 

22 (3) ADJUSTMENT OF STATUS.—Section 245(l) of 

23 the Immigration and Nationality Act (8 U.S.C. 

24 1255(l)) (as added by section 107(f) of Public Law 

25 106–386) is amended—
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1 (A) in paragraph (1)—

2 (i) by striking ‘‘admitted under that 

3 section’’ and inserting ‘‘admitted under sec4 tion 101(a)(15)(T)(ii)’’; and

5 (ii) by inserting ‘‘sibling,’’ after ‘‘par6 ent,’’; and 

7 (B) in paragraph (3)(B), by inserting ‘‘sib8 lings,’’ after ‘‘daughters,’’. 

9 (c) WAIVER OF PUBLIC CHARGE GROUND FOR INAD10 MISSIBILITY; PENALTIES FOR UNLAWFUL DISCLOSURE OF

11 INFORMATION.—Section 214(n) of the Immigration and 

12 Nationality Act (8 U.S.C. 1184(n)) is amended by adding 

13 at the end the following: 

14 ‘‘(4) In determining the admissibility of an alien 

15 under section 101(a)(15)(T), section 212(a)(4) shall not 

16 apply. 

17 ‘‘(5)(A) Except as otherwise provided in this para18 graph, in no case may the Secretary of State, the Secretary 

19 of Homeland Security, or any other official or employee of 

20 the Department of State or the Department of Homeland 

21 Security (including any bureau or agency of either of such 

22 Departments) permit use by, or disclosure to, anyone, other 

23 than a sworn officer or employee of one of such Departments 

24 for legitimate Department purposes, of any information 

25 that relates to an alien who has properly filed a bona fide 
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1 application for, or been granted, a visa or nonimmigrant 

2 status under section 101(a)(15)(T)(i). 

3 ‘‘(B) The limitation under subparagraph (A) shall ter4 minate when the application described in such subpara5 graph is denied and all opportunities for appeal of the de6 nial have been exhausted. 

7 ‘‘(C) The Secretary of State and the Secretary of 

8 Homeland Security may each provide, in each Secretary’s 

9 discretion, for the disclosure of information described in 

10 subparagraph (A) in the same manner and circumstances 

11 as census information may be disclosed by the Secretary 

12 of Commerce under section 8 of title 13, United States Code. 

13 ‘‘(D) The Secretary of State and the Secretary of 

14 Homeland Security may each provide, in each Secretary’s 

15 discretion, for the disclosure of information described in 

16 subparagraph (A) to law enforcement officials to be used 

17 solely for a legitimate law enforcement purpose, such as the 

18 implementation of section 105(a) of this Act, section 414(c) 

19 of the Uniting and Strengthening America by Providing 

20 Appropriate Tools Required to Intercept and Obstruct Ter21 rorism (USA PATRIOT ACT) Act of 2001 (8 U.S.C. 1365a 

22 note), and the interoperable electronic data system described 

23 in section 202 of the Enhanced Border Security and Visa 

24 Entry Reform Act of 2002 (8 U.S.C. 1722). 
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1 ‘‘(E) Subparagraph (A) shall not be construed as pre2 venting disclosure of information in connection with judi3 cial review of a determination in a manner that protects 

4 the confidentiality of such information. 

5 ‘‘(F) Subparagraph (A) shall not be construed to su6 persede section 222(f). 

7 ‘‘(G) Subparagraph (A) shall not apply if the alien 

8 is an adult and has waived the restrictions of such subpara9 graph. 

10 ‘‘(H) Whoever willfully uses, publishes, or permits in11 formation to be disclosed in violation of this paragraph 

12 shall be subject to appropriate disciplinary action and sub13 ject to a civil money penalty of not more than $5,000 for 

14 each such violation.’’. 

15 SEC. 5. ENHANCING PROSECUTIONS OF TRAFFICKERS. 

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

17 FRAUD, OR COERCION.—Section 1591 of title 18, United 

18 States Code, is amended—

19 (1) in the heading, by inserting a comma after 

20 ‘‘FRAUD’’; 

21 (2) in subsection (a)(1), by striking ‘‘in or affect22 ing interstate commerce’’ and inserting ‘‘in or affect23 ing interstate or foreign commerce, or within the spe24 cial maritime and territorial jurisdiction of the 

25 United States’’; and 
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1 (3) in subsection (b), by striking ‘‘the person 

2 transported’’ each place it appears and inserting ‘‘the 

3 person recruited, enticed, harbored, transported, pro4 vided, or obtained’’. 

5 (b) DEFINITION OF RACKETEERING ACTIVITY.—Sec6 tion 1961(1) of title 18, United States Code, is amended 

7 by inserting after ‘‘peonage and slavery),’’ the following: 

8 ‘‘section 1589 (relating to forced labor), section 1590 (relat9 ing to trafficking with respect to peonage, slavery, involun10 tary servitude, or forced labor), section 1591 (relating to 

11 sex trafficking of children or by force, fraud, or coercion),’’. 

12 SEC. 6. ENHANCING UNITED STATES EFFORTS TO COMBAT 

13 TRAFFICKING. 

14 (a) REPORT.—

15 (1) IN GENERAL.—Section 105(d) of the Victims 

16 of Trafficking and Violence Protection Act of 2000 

17 (22 U.S.C. 7103(d)) is amended by adding at the end 

18 the following new paragraph: 

19 ‘‘(7) Not later than February 1, 2004, and 2005, 

20 the Task Force, acting through the Office to Monitor 

21 and Combat Trafficking of the Department of State 

22 (established under subsection (e)), shall submit to the 

23 Committee on Ways and Means, the Committee on 

24 International Relations, and the Committee on the 

25 Judiciary of the House of Representatives and the 
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1 Committee on Finance, the Committee on Foreign Re2 lations, and the Committee on the Judiciary of the 

3 Senate, a report on Federal agencies that are imple4 menting any provision of this division, or any 

5 amendment made by this division, which shall in6 clude, at a minimum, information on—

7 ‘‘(A) the number of persons who received 

8 benefits or other services under section 107(b) in 

9 connection with programs or activities funded or 

10 administered by the Secretary of Health and 

11 Human Services, the Secretary of Labor, the 

12 Board of Directors of the Legal Services Cor13 poration, and other appropriate Federal agencies 

14 during the preceding fiscal year; 

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

16 granted continued presence in the United States 

17 under section 107(c)(3) during the preceding fis18 cal year; 

19 ‘‘(C) the number of persons who have ap20 plied for, been granted, or been denied a visa or 

21 otherwise provided status under section 

22 101(a)(15)(T)(i) of the Immigration and Nation23 ality Act (8 U.S.C. 1101(a)(15)(T)(i)) during 

24 the preceding fiscal year; 
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1 ‘‘(D) the number of persons who have been 

2 charged or convicted under one or more of sec3 tions 1581, 1583, 1584, 1589, 1590, 1591, 1592, 

4 or 1594 of title 18, United States Code, during

5 the preceding fiscal year and the sentences im6 posed against each such person; 

7 ‘‘(E) the amount, recipient, and purpose of 

8 each grant issued by any Federal agency to 

9 carry out the purposes of sections 106 and 107 

10 of this Act, or section 134 of the Foreign Assist11 ance Act of 1961, during the preceding fiscal 

12 year; 

13 ‘‘(F) the nature of training conducted pur14 suant to section 107(c)(4) during the preceding 

15 fiscal year; and 

16 ‘‘(G) the activities undertaken by the Senior 

17 Policy Operating Group to carry out its respon18 sibilities under section 105(f) of this division.’’. 

19 (2) CONFORMING AMENDMENT.—Section 

20 107(b)(1) of the Victims of Trafficking and Violence 

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

22 amended by striking subparagraph (D). 

23 (b) SUPPORT FOR THE TASK FORCE.—

24 (1) AMENDMENT.—The second sentence of section 

25 105(e) of the Victims of Trafficking and Violence Pro-
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1 tection Act of 2000 (22 U.S.C. 7103(e)) is amended 

2 by inserting at the end before the period the following: 

3 ‘‘, who shall be appointed by the President, by and 

4 with the advice and consent of the Senate, with the 

5 rank of Ambassador-at-Large’’. 

6 (2) APPLICABILITY.—The individual who holds 

7 the position of Director of the Office to Monitor and 

8 Combat Trafficking of the Department of State may 

9 continue to hold such position notwithstanding the 

10 amendment made by paragraph (1). 

11 (c) SENIOR POLICY OPERATING GROUP.—

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

13 Trafficking and Violence Protection Act of 2000 (22 

14 U.S.C. 7103) is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(f) SENIOR POLICY OPERATING GROUP.—

17 ‘‘(1) ESTABLISHMENT.—There shall be estab18 lished within the Task Force a Senior Policy Oper19 ating Group. 

20 ‘‘(2) MEMBERSHIP; RELATED MATTERS.—

21 ‘‘(A) IN GENERAL.—The Operating Group 

22 shall consist of the senior officials designated as 

23 representatives of the appointed members of the 

24 Task Force (pursuant to Executive Order 13257 

25 of February 13, 2002). 
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1 ‘‘(B) CHAIRPERSON.—The Operating Group 

2 shall be chaired by the Director of the Office to 

3 Monitor and Combat Trafficking of the Depart4 ment of State. 

5 ‘‘(C) MEETINGS.—The Operating Group 

6 shall meet on a regular basis at the call of the 

7 Chairperson. 

8 ‘‘(3) DUTIES.—The Operating Group shall co9 ordinate activities of Federal departments and agen10 cies regarding policies (including grants and grant 

11 policies) involving the international trafficking in 

12 persons and the implementation of this division. 

13 ‘‘(4) AVAILABILITY OF INFORMATION.—Each 

14 Federal department or agency represented on the Op15 erating Group shall fully share all information with 

16 such Group regarding the department or agency’s 

17 plans, before and after final agency decisions are 

18 made, on all matters relating to grants, grant poli19 cies, and other significant actions regarding the inter20 national trafficking in persons and the implementa21 tion of this division. 

22 ‘‘(5) REGULATIONS.—Not later than 90 days 

23 after the date of the enactment of the Trafficking Vic24 tims Protection Reauthorization Act of 2003, the 

25 President shall promulgate regulations to implement 
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1 this section, including regulations to carry out para2 graph (4).’’. 

3 (2) CONFORMING AMENDMENT.—Section 406 of 

4 the Department of State and Related Agency Appro5 priations Act, 2003 (as contained in division B of 

6 Public Law 108–7) is hereby repealed. 

7 (d) MINIMUM STANDARDS FOR THE ELIMINATION OF

8 TRAFFICKING.—Section 108(b) of the Victims of Trafficking 

9 and Violence Protection Act of 2000 (22 U.S.C. 7106(b)) 

10 is amended—

11 (1) in paragraph (1)—

12 (A) by striking ‘‘that take place wholly or 

13 partly within the territory of the country’’ and 

14 inserting ‘‘, and convicts and sentences persons 

15 responsible for such acts, that take place wholly 

16 or partly within the territory of the country’’; 

17 and 

18 (B) by adding at the end the following new 

19 sentence: ‘‘After reasonable requests from the De20 partment of State for data regarding investiga21 tions, prosecutions, convictions, and sentences, a 

22 government which does not provide such data 

23 consistent with its resources shall be presumed 

24 not to have vigorously investigated, prosecuted, 

25 convicted or sentenced such acts.’’; and 
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1 (2) in paragraph (7)—

2 (A) by striking ‘‘and prosecutes’’ and in3 serting ‘‘, prosecutes, convicts, and sentences’’; 

4 and 

5 (B) by adding at the end the following new 

6 sentence: ‘‘After reasonable requests from the De7 partment of State for data regarding such inves8 tigations, prosecutions, convictions, and sen9 tences, a government which does not provide such 

10 data consistent with its resources shall be pre11 sumed not to have vigorously investigated, pros12 ecuted, convicted, or sentenced such acts.’’. 

13 (e) ENHANCING UNITED STATES ASSISTANCE.—Sec14 tion 134(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 

15 2152d(b)) is amended by adding at the end the following 

16 new sentence: ‘‘Assistance may be provided under this sec17 tion notwithstanding section 660 of this Act.’’. 

18 (f) RESEARCH RELATING TO TRAFFICKING IN PER19 SONS.—

20 (1) IN GENERAL.—The Victims of Trafficking 

21 and Violence Protection Act of 2000 (22 U.S.C. 7101 

22 et seq.) is amended by inserting after section 112 the 

23 following new section:
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1 ‘‘SEC. 112A. RESEARCH ON DOMESTIC AND INTERNATIONAL 

2 TRAFFICKING IN PERSONS. 

3 ‘‘The President, acting through the Council of Eco4 nomic Advisors, the National Research Council of the Na5 tional Academies, the Secretary of Labor, the Secretary of 

6 Health and Human Services, the Attorney General, the Sec7 retary of State, the Administrator of the United States 

8 Agency for International Development, and the Director of 

9 Central Intelligence, shall carry out research, including by 

10 providing grants to nongovernmental organizations, which 

11 furthers the purposes of this division and provides data to 

12 address the problems identified in the findings of this divi13 sion. Such research initiatives shall, to the maximum extent 

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

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

16 trafficking in persons. 

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

18 funded or administered by Federal agencies to prevent 

19 trafficking in persons and to protect and assist vic20 tims of trafficking. 

21 ‘‘(3) The interrelationship between trafficking in 

22 persons and global health risks.’’. 

23 (2) CONFORMING AMENDMENT.—The table of 

24 contents of the Victims of Trafficking and Violence 

25 Protection Act of 2000 is amended by inserting after 
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1 the item relating to section 112 the following new 

2 item:

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

3 SEC. 7. AUTHORIZATION OF APPROPRIATIONS; RELATED 

4 MATTERS. 

5 Section 113 of the Trafficking Victims Protection Act 

6 of 2000 (22 U.S.C. 7110) is amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘105’’ and inserting 

9 ‘‘105(e), 105(f)’’; and 

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

11 the fiscal years 2002 and 2003’’ and inserting ‘‘, 

12 $3,000,000 for each of the fiscal years 2002 and 

13 2003, and $5,000,000 for each of the fiscal years 

14 2004 and 2005’’; 

15 (2) in subsection (b), by adding at the end before 

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

17 the fiscal years 2004 and 2005’’; 

18 (3) in subsection (c)—

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

20 ‘‘(1) BILATERAL ASSISTANCE TO COMBAT TRAF21 FICKING.—

22 ‘‘(A) PREVENTION.—To carry out the pur23 poses of section 106, there are authorized to be 

24 appropriated to the Secretary of State 
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1 $10,000,000 for each of the fiscal years 2004 and 

2 2005. 

3 ‘‘(B) PROTECTION.—To carry out the pur4 poses of section 107(a), there are authorized to be 

5 appropriated to the Secretary of State 

6 $15,000,000 for fiscal year 2003 and $10,000,000 

7 for each of the fiscal years 2004 and 2005. 

8 ‘‘(C) PROSECUTION AND MEETING MINIMUM

9 STANDARDS.—To carry out the purposes of sec10 tion 134 of the Foreign Assistance Act of 1961, 

11 there are authorized to be appropriated 

12 $10,000,000 for each of the fiscal years 2004 and 

13 2005 to assist in promoting prosecution of traf14 fickers and otherwise to assist countries in meet15 ing the minimum standards described in section 

16 108 of this Act, including $250,000 for each such 

17 fiscal year to carry out training activities for 

18 law enforcement officers, prosecutors, and mem19 bers of the judiciary with respect to trafficking 

20 in persons at the International Law Enforce21 ment Academies.’’; and 

22 (B) in paragraph (2), by striking ‘‘for each 

23 of the fiscal years 2001, 2002, and 2003’’ and in24 serting ‘‘for each of the fiscal years 2001 through 

25 2005’’; 
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1 (4) in subsection (d)—

2 (A) by adding at the end before the period 

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

4 fiscal years 2004 and 2005’’; and 

5 (B) by adding at the end the following new 

6 sentence: ‘‘To carry out the purposes of section 

7 134 of the Foreign Assistance Act of 1961 (as 

8 added by section 109), there are authorized to be 

9 appropriated to the President, acting through the 

10 Attorney General, $250,000 for each of fiscal 

11 years 2004 and 2005 to carry out training ac12 tivities for law enforcement officers, prosecutors, 

13 and members of the judiciary with respect to 

14 trafficking in persons at the International Law 

15 Enforcement Academies.’’; 

16 (5) in subsection (e)—

17 (A) in paragraphs (1) and (2), by striking 

18 ‘‘for fiscal year 2003’’ each place it appears and 

19 inserting ‘‘for each of the fiscal years 2003 

20 through 2005’’; and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(3) RESEARCH.—To carry out the purposes of 

24 section 112A, there are authorized to be appropriated 
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1 to the President $300,000 for fiscal year 2004 and 

2 $300,000 for fiscal year 2005.’’; 

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

4 the period the following: ‘‘and $10,000,000 for each of 

5 the fiscal years 2004 and 2005’’; and 

6 (7) by adding at the end the following new sub7 section: 

8 ‘‘(g) LIMITATION ON USE OF FUNDS.—

9 ‘‘(1) RESTRICTION ON PROGRAMS.—No funds 

10 made available to carry out this division, or any 

11 amendment made by this division, may be used to 

12 promote, support, or advocate the legalization or 

13 practice of prostitution. Nothing in the preceding sen14 tence shall be construed to preclude assistance de15 signed to promote the purposes of this Act by amelio16 rating the suffering of, or health risks to, victims 

17 while they are being trafficked or after they are out 

18 of the situation that resulted from such victims being 

19 trafficked. 

20 ‘‘(2) RESTRICTION ON ORGANIZATIONS.—No 

21 funds made available to carry out this division, or 

22 any amendment made by this division, may be used 

23 to implement any program that targets victims of se24 vere forms of trafficking in persons described in sec25 tion 103(8)(A) of this Act through any organization
25

•HR 2620 RH 

1 that has not stated in either a grant application, a 

2 grant agreement, or both, that it does not promote, 

3 support, or advocate the legalization or practice of 

4 prostitution. The preceding sentence shall not apply 

5 to organizations that provide services to individuals 

6 solely after they are no longer engaged in activities 

7 that resulted from such victims being trafficked.’’. 

8 SEC. 8. TECHNICAL CORRECTIONS. 

9 (a) IMMIGRATION AND NATIONALITY ACT.—

10 (1) CLASSES OF NONIMMIGRANT ALIENS.—Sec11 tion 101(a)(15) of the Immigration and Nationality 

12 Act (8 U.S.C. 1101(a)(15)) is amended—

13 (A) by moving the margins of subpara14 graphs (T) and (U) 2 ems to the left; 

15 (B) in subparagraph (T), by striking 

16 ‘‘214(n),’’ and inserting ‘‘214(o),’’; 

17 (C) in subparagraph (U), by striking 

18 ‘‘214(o),’’ and inserting ‘‘214(p),’’; and 

19 (D) in subparagraph (V), by striking 

20 ‘‘214(o),’’ and inserting ‘‘214(q),’’. 

21 (2) CLASSES OF ALIENS INELIGIBLE FOR VISAS

22 AND ADMISSION.—Section 212(d) of the Immigration 

23 and Nationality Act (8 U.S.C. 1182(d)) is amended 

24 by redesignating the paragraph (13) added by section 

25 1513(e) of the Battered Immigrant Women Protection 
26

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1 Act of 2000 (title V of division B of Public Law 106–

2 386; 114 Stat. 1536) as paragraph (14). 

3 (3) ADMISSION OF NONIMMIGRANTS.—Section 

4 214 of the Immigration and Nationality Act (8 

5 U.S.C. 1184) is amended by redesignating subsections 

6 (m) (as added by section 105 of Public Law 106–

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

8 106–386), (o) (as added by section 1513(c) of Public 

9 Law 106–386), (o) (as added by section 1102(b) of the 

10 Legal Immigration Family Equity Act), and (p) (as 

11 added by section 1503(b) of the Legal Immigration 

12 Family Equity Act) as subsections (n), (o), (p), (q), 

13 and (r), respectively. 

14 (4) ADJUSTMENT OF STATUS OF NON15 IMMIGRANTS.—Section 245 of the Immigration and 

16 Nationality Act (8 U.S.C. 1255) is amended—

17 (A) in the subsection (l) added by section 

18 107(f) of Public Law 106–386, by redesignating 

19 the second paragraph (2), and paragraphs (3) 

20 and (4), as paragraphs (3), (4), and (5), respec21 tively; and 

22 (B) by redesignating the subsection (l) 

23 added by section 1513(f) of Public Law 106–386 

24 as subsection (m). 
27

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1 (b) TRAFFICKING VICTIMS PROTECTION ACT OF

2 2000.—(1) Section 103(7)(A)(i) of the Trafficking Victims 

3 Protection Act of 2000 (22 U.S.C. 7102(7)(A)(i)) is amend4 ed by inserting after ‘‘part II of that Act’’ the following: 

5 ‘‘in support of programs of nongovernmental organiza6 tions’’. 

7 (2) Section 107(g) of the Trafficking Victims Protec8 tion Act of 2000 (22 U.S.C. 7105(g)) is amended by striking 

9 ‘‘214(n)(1)’’ and inserting ‘‘214(o)(2)’’.
Union Calendar No. 166

108TH CONGRESS 

1ST SESSION H. R. 2620

[Report No. 108–264, Parts I and II] 

A BILL

To authorize appropriations for fiscal years 2004 

and 2005 for the Trafficking Victims Protection Act of 2000, and for other purposes. 

SEPTEMBER 29, 2003

Reported from the Committee on the Judiciary with an 

amendment