108TH CONGRESS

1ST SESSION H. R. 2620

AN ACT

To authorize appropriations for fiscal years 2004

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

108TH CONGRESS

1ST SESSION H. R. 2620

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

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

3 Protection Reauthorization Act of 2003’’.

4 SEC. 2. FINDINGS.

5 Congress finds the following:

6 (1) Trafficking in persons continues to victimize

7 countless men, women, and children in the United

8 States and abroad.

9 (2) Since the enactment of the Trafficking Vic10 tims Protection Act of 2000 (division A of Public

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

12 made significant progress in investigating and pros13 ecuting acts of trafficking and in responding to the

14 needs of victims of trafficking in the United States

15 and abroad.

16 (3) On the other hand, victims of trafficking

17 have faced unintended obstacles in the process of se18 curing needed assistance, including admission to the

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

20 Immigration and Nationality Act.

21 (4) Additional research is needed to fully under22 stand the phenomenon of trafficking in persons and

23 to determine the most effective strategies for com24 bating trafficking in persons.

25 (5) Corruption among foreign law enforcement

26 authorities continues to undermine the efforts by
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1 governments to investigate, prosecute, and convict

2 traffickers.

3 (6) International Law Enforcement Academies

4 should be more fully utilized in the effort to train

5 law enforcement authorities, prosecutors, and mem6 bers of the judiciary to address trafficking in per7 sons-related crimes.

8 SEC. 3. ENHANCING PREVENTION OF TRAFFICKING IN PER9 SONS.

10 (a) BORDER INTERDICTION, PUBLIC INFORMATION

11 PROGRAMS, AND COMBATING INTERNATIONAL SEX TOUR12 ISM.—Section 106 of the Trafficking Victims Protection

13 Act of 2000 (22 U.S.C. 7104) is amended—

14 (1) by redesignating subsection (c) as sub15 section (f);

16 (2) by inserting after subsection (b) the fol17 lowing new subsections:

18 ‘‘(c) BORDER INTERDICTION.—The President shall

19 establish and carry out programs of border interdiction

20 outside the United States. Such programs shall include

21 providing grants to foreign nongovernmental organizations

22 that provide for transit shelters operating at key border

23 crossings and that help train survivors of trafficking in

24 persons to educate and train border guards and officials,

25 and other local law enforcement officials, to identify traf-
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1 fickers and victims of severe forms of trafficking, and the

2 appropriate manner in which to treat such victims. Such

3 programs shall also include, to the extent appropriate,

4 monitoring by such survivors of trafficking in persons of

5 the implementation of border interdiction programs, in6 cluding helping in the identification of such victims to stop

7 the cross-border transit of victims. The President shall en8 sure that any program established under this subsection

9 provides the opportunity for any trafficking victim who is

10 freed to return to his or her previous residence if the vic11 tim so chooses.

12 ‘‘(d) INTERNATIONAL MEDIA.—The President shall

13 establish and carry out programs that support the produc14 tion of television and radio programs, including documen15 taries, to inform vulnerable populations overseas of the

16 dangers of trafficking, and to increase awareness of the

17 public in countries of destination regarding the slave-like

18 practices and other human rights abuses involved in traf19 ficking, including fostering linkages between individuals

20 working in the media in different countries to determine

21 the best methods for informing such populations through

22 such media.

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

24 ‘‘(1) DEVELOPMENT AND DISSEMINATION OF

25 MATERIALS.—The President, pursuant to such regu-
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1 lations as may be prescribed, shall ensure that mate2 rials are developed and disseminated to alert trav3 elers that sex tourism (as described in subsections

4 (b) through (f) of section 2423 of title 18, United

5 States Code) is illegal, will be prosecuted, and pre6 sents dangers to those involved. Such materials shall

7 be disseminated to individuals traveling to foreign

8 destinations where the President determines that sex

9 tourism is significant.

10 ‘‘(2) MONITORING OF COMPLIANCE.—The

11 President shall monitor compliance with the require12 ments of paragraph (1).

13 ‘‘(3) FEASIBILITY REPORT.—Not later than

14 180 days after the date of the enactment of the

15 Trafficking Victims Protection Reauthorization Act

16 of 2003, the President shall transmit to the Com17 mittee on International Relations of the House of

18 Representatives and the Committee on Foreign Af19 fairs of the Senate a report that describes the feasi20 bility of such United States Government materials

21 being disseminated through public-private partner22 ships to individuals traveling to foreign destina23 tions.’’; and

24 (3) in subsection (f) (as redesignated), by strik25 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

5 Act (as amended by subsection (a)) is further amended

6 by adding at the end the following new subsection:

7 ‘‘(g) TERMINATION OF CERTAIN GRANTS, CON8 TRACTS AND COOPERATIVE AGREEMENTS.—

9 ‘‘(1) TERMINATION.—The President shall en10 sure that any grant, contract, or cooperative agree11 ment provided or entered into by a Federal depart12 ment or agency under which funds described in

13 paragraph (2) are to be provided to a private entity,

14 in whole or in part, shall include a condition that au15 thorizes the department or agency to terminate the

16 grant, contract, or cooperative agreement, without

17 penalty, if the grantee or any subgrantee, or the

18 contractor or any subcontractor (i) engages in severe

19 forms of trafficking in persons or has procured a

20 commercial sex act during the period of time that

21 the grant, contract, or cooperative agreement is in

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

23 of the grant, contract, or cooperative agreement.

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

25 to in paragraph (1) are funds made available to
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1 carry out any program, project, or activity abroad

2 funded under major functional budget category 150

3 (relating to international affairs).’’.

4 SEC. 4. ENHANCING PROTECTION FOR TRAFFICKING VIC5 TIMS.

6 (a) AMENDMENTS TO TRAFFICKING VICTIMS PRO7 TECTION ACT OF 2000.—

8 (1) COOPERATION BETWEEN FOREIGN GOVERN9 MENTS AND NONGOVERNMENTAL ORGANIZATIONS.—

10 Section 107(a)(1)(B) of the Trafficking Victims Pro11 tection Act of 2000 (22 U.S.C. 7105(a)(1)(B)) is

12 amended by adding at the end before the period the

13 following: ‘‘, and by facilitating contact between rel14 evant foreign government agencies and such non15 governmental organizations to facilitate cooperation

16 between the foreign governments and such organiza17 tions’’.

18 (2) ASSISTANCE FOR FAMILY MEMBERS OF VIC19 TIMS OF TRAFFICKING IN UNITED STATES.—Section

20 107(b)(1) of the Trafficking Victims Protection Act

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

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

23 an alien classified as a nonimmigrant under

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

25 and
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1 (B) in subparagraph (B)—

2 (i) by inserting ‘‘and aliens classified

3 as a nonimmigrant under section

4 101(a)(15)(T)(ii),’’ after ‘‘United States,’’;

5 and

6 (ii) by adding at the end the following

7 new sentence: ‘‘In the case of nonentitle8 ment programs funded by the Secretary of

9 Health and Human Services, such benefits

10 and services may include services to assist

11 potential victims of trafficking in achieving

12 certification and to assist minor dependent

13 children of victims of severe forms of traf14 ficking in persons or potential victims of

15 trafficking.’’.

16 (3) CERTIFICATION OF VICTIMS OF A SEVERE

17 FORM OF TRAFFICKING IN PERSONS.—Section

18 107(b)(1)(E)) of the Trafficking Victims Protection

19 Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is amended

20 by adding at the end the following new clause:

21 ‘‘(iv) ASSISTANCE TO INVESTIGA22 TIONS.—In making the certification de23 scribed in this subparagraph with respect

24 to the assistance to investigation or pros25 ecution described in clause (i)(I), the Sec-
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1 retary of Health and Human Services shall

2 consider statements from State and local

3 law enforcement officials that the person

4 referred to in subparagraph (C)(ii)(II) has

5 been willing to assist in every reasonable

6 way with respect to the investigation and

7 prosecution of State and local crimes such

8 as kidnapping, rape, slavery, or other

9 forced labor offenses, where severe forms

10 of trafficking appear to have been in11 volved.’’.

12 (4) PRIVATE RIGHT OF ACTION.—

13 (A) IN GENERAL.—Chapter 77 of part I of

14 title 18, United States Code, is amended by

15 adding at the end the following new section:

16 ‘‘§ 1595. Civil remedy

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

18 section 1589, 1590, or 1591 of this chapter may bring

19 a civil action against the perpetrator in an appropriate dis20 trict court of the United States and may recover damages

21 and reasonable attorneys fees.

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

23 be stayed during the pendency of any criminal action aris24 ing out of the same occurrence in which the claimant is

25 the victim.
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1 ‘‘(2) In this subsection, a ‘criminal action’ includes

2 investigation and prosecution and is pending until final

3 adjudication in the trial court.’’.

4 (B) CONFORMING AMENDMENT.—The

5 table of contents of chapter 77 of part I of title

6 18, United States Code, is amended by adding

7 at the end the following new item:

‘‘1595. Civil remedy.’’.

8 (b) AMENDMENTS TO IMMIGRATION AND NATION9 ALITY ACT.—

10 (1) NONIMMIGRANT ALIEN CLASSES.—Section

11 101(a)(15)(T) of the Immigration and Nationality

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

13 (A) in clause (i)(III)(bb), by striking ‘‘15

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

15 and

16 (B) in clause (ii)(I), by inserting ‘‘unmar17 ried siblings under 18 years of age on the date

18 on which such alien applied for status under

19 such clause,’’ before ‘‘and parents’’.

20 (2) ADMISSION OF NONIMMIGRANTS.—Section

21 214(n) of the Immigration and Nationality Act (8

22 U.S.C. 1184(n)) is amended—

23 (A) in paragraph (3), by inserting ‘‘sib24 lings,’’ before ‘‘or parents’’; and

25 (B) by adding at the end the following:
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1 ‘‘(4) An unmarried alien who seeks to accompany, or

2 follow to join, a parent granted status under section

3 101(a)(15)(T)(i), and who was under 21 years of age on

4 the date on which such parent applied for such status,

5 shall continue to be classified as a child for purposes of

6 section 101(a)(15)(T)(ii), if the alien attains 21 years of

7 age after such parent’s application was filed but while it

8 was pending.

9 ‘‘(5) An alien described in clause (i) of section

10 101(a)(15)(T) shall continue to be treated as an alien de11 scribed in clause (ii)(I) of such section if the alien attains

12 21 years of age after the alien’s application for status

13 under such clause (i) is filed but while it is pending.

14 ‘‘(6) In making a determination under section

15 101(a)(15)(T)(i)(III)(aa) with respect to an alien, state16 ments from State and local law enforcement officials that

17 the alien has complied with any reasonable request for as18 sistance in the investigation or prosecution of crimes such

19 as kidnapping, rape, slavery, or other forced labor of20 fenses, where severe forms of trafficking in persons (as

21 defined in section 103 of the Trafficking Victims Protec22 tion Act of 2000) appear to have been involved, shall be

23 considered.’’.

24 (3) ADJUSTMENT OF STATUS.—Section 245(l)

25 of the Immigration and Nationality Act (8 U.S.C.
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1 1255(l)) (as added by section 107(f) of Public Law

2 106–386) is amended—

3 (A) in paragraph (1)—

4 (i) by striking ‘‘admitted under that

5 section’’ and inserting ‘‘admitted under

6 section 101(a)(15)(T)(ii)’’; and

7 (ii) by inserting ‘‘sibling,’’ after ‘‘par8 ent,’’; and

9 (B) in paragraph (3)(B), by inserting ‘‘sib10 lings,’’ after ‘‘daughters,’’.

11 (4) EXEMPTION FROM PUBLIC CHARGE GROUND

12 FOR INADMISSIBILITY.—Section 212(d)(13) of the

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

14 1182(d)(13)), as added by section 107(e)(3) of the

15 Trafficking Victims Protection Act of 2000 (22

16 U.S.C. 7105(e)(3)), is amended—

17 (A) in subparagraph (A), by striking the

18 period at the end and adding the following:

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

20 subsection (a)(4) shall not apply with respect to such a

21 nonimmigrant.’’; and

22 (B) in subparagraph (B)—

23 (i) by amending clause (i) to read as

24 follows:

25 ‘‘(i) subsection (a)(1); and’’; and
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1 (ii) in clause (ii)—

2 (I) by striking ‘‘such subsection’’

3 and inserting ‘‘subsection (a)’’; and

4 (II) by inserting ‘‘(4),’’ after

5 ‘‘(3),’’.

6 (5) AGGRAVATED FELONY DEFINED.—Section

7 101(a)(43)(K)(iii) of the Immigration and Nation8 ality Act (8 U.S.C. 1101(a)(43)(K)(iii)) is amended

9 to read as follows:

10 ‘‘(iii) is described in any of sections

11 1581–1585 or 1588–1591 of title 18,

12 United States Code (relating to peonage,

13 slavery, involuntary servitude, and traf14 ficking in persons);’’.

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 af22 fecting interstate commerce’’ and inserting ‘‘in or af23 fecting interstate or foreign commerce, or within the

24 special 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

3 ‘‘the person recruited, enticed, harbored, trans4 ported, provided, or obtained’’.

5 (b) DEFINITION OF RACKETEERING ACTIVITY.—Sec6 tion 1961(1)(A) of title 18, United States Code is amend7 ed by striking ‘‘sections 1581-1588 (relating to peonage

8 and slavery)’’ and inserting ‘‘sections 1581-1591 (relating

9 to peonage, slavery, and trafficking in persons).’’.

10 (c) CONFORMING AMENDMENTS.—(1) The heading

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

12 is amended to read as follows:

13 ‘‘CHAPTER 77—PEONAGE, SLAVERY, AND

14 TRAFFICKING IN PERSONS’’.

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

16 States Code, is amended in the item relating to chapter

17 77 to read as follows:

18 ‘‘77. Peonage, slavery, and trafficking in

19 persons’’.

20 SEC. 6. ENHANCING UNITED STATES EFFORTS TO COMBAT

21 TRAFFICKING.

22 (a) REPORT.—

23 (1) IN GENERAL.—Section 105(d) of the Vic24 tims of Trafficking and Violence Protection Act of
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1 2000 (22 U.S.C. 7103(d)) is amended by adding at

2 the end the following new paragraph:

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

4 thereafter, the Attorney General shall submit to the

5 Committee on Ways and Means, the Committee on

6 International Relations, and the Committee on the

7 Judiciary of the House of Representatives and the

8 Committee on Finance, the Committee on Foreign

9 Relations, and the Committee on the Judiciary of

10 the Senate, a report on Federal agencies that are

11 implementing any provision of this division, or any

12 amendment made by this division, which shall in13 clude, at a minimum, information on—

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

15 benefits or other services under section 107(b)

16 in connection with programs or activities fund17 ed or administered by the Secretary of Health

18 and Human Services, the Secretary of Labor,

19 the Board of Directors of the Legal Services

20 Corporation, and other appropriate Federal

21 agencies during the preceding fiscal year;

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

23 granted continued presence in the United

24 States under section 107(c)(3) during the pre25 ceding fiscal year;
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1 ‘‘(C) the number of persons who have ap2 plied for, been granted, or been denied a visa or

3 otherwise provided status under section

4 101(a)(15)(T)(i) of the Immigration and Na5 tionality Act (8 U.S.C. 1101(a)(15)(T)(i)) dur6 ing the preceding fiscal year;

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

8 charged or convicted under one or more of sec9 tions 1581, 1583, 1584, 1589, 1590, 1591,

10 1592, or 1594 of title 18, United States Code,

11 during the preceding fiscal year and the sen12 tences imposed against each such person;

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

14 each grant issued by any Federal agency to

15 carry out the purposes of sections 106 and 107

16 of this Act, or section 134 of the Foreign As17 sistance Act of 1961, during the preceding fis18 cal year;

19 ‘‘(F) the nature of training conducted pur20 suant to section 107(c)(4) during the preceding

21 fiscal year; and

22 ‘‘(G) the activities undertaken by the Sen23 ior Policy Operating Group to carry out its re24 sponsibilities under section 105(f) of this divi25 sion.’’.
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1 (2) CONFORMING AMENDMENT.—Section

2 107(b)(1) of the Victims of Trafficking and Violence

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

4 amended by striking subparagraph (D).

5 (b) SUPPORT FOR THE TASK FORCE.—

6 (1) AMENDMENT.—The second sentence of sec7 tion 105(e) of the Victims of Trafficking and Vio8 lence Protection Act of 2000 (22 U.S.C. 7103(e)) is

9 amended by inserting at the end before the period

10 the following: ‘‘, who shall be appointed by the

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

12 Senate, with the rank of Ambassador-at-Large’’.

13 (2) APPLICABILITY.—The individual who holds

14 the position of Director of the Office to Monitor and

15 Combat Trafficking of the Department of State may

16 continue to hold such position notwithstanding the

17 amendment made by paragraph (1).

18 (c) SENIOR POLICY OPERATING GROUP.—

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

20 of Trafficking and Violence Protection Act of 2000

21 (22 U.S.C. 7103) is amended by adding at the end

22 the following new subsection:

23 ‘‘(f) SENIOR POLICY OPERATING GROUP.—
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1 ‘‘(1) ESTABLISHMENT.—There shall be estab2 lished within the executive branch a Senior Policy

3 Operating Group.

4 ‘‘(2) MEMBERSHIP; RELATED MATTERS.—

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

6 shall consist of the senior officials designated as

7 representatives of the appointed members of the

8 Task Force (pursuant to Executive Order

9 13257 of February 13, 2002).

10 ‘‘(B) CHAIRPERSON.—The Operating

11 Group shall be chaired by the Director of the

12 Office to Monitor and Combat Trafficking of

13 the Department of State.

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

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

16 Chairperson.

17 ‘‘(3) DUTIES.—The Operating Group shall co18 ordinate activities of Federal departments and agen19 cies regarding policies (including grants and grant

20 policies) involving the international trafficking in

21 persons and the implementation of this division.

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

23 Federal department or agency represented on the

24 Operating Group shall fully share all information

25 with such Group regarding the department or agen-
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1 cy’s plans, before and after final agency decisions

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

3 policies, and other significant actions regarding the

4 international trafficking in persons and the imple5 mentation of this division.

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

7 after the date of the enactment of the Trafficking

8 Victims Protection Reauthorization Act of 2003, the

9 President shall promulgate regulations to implement

10 this section, including regulations to carry out para11 graph (4).’’.

12 (2) CONFORMING AMENDMENT.—Section 406

13 of the Department of State and Related Agency Ap14 propriations Act, 2003 (as contained in division B of

15 Public Law 108–7) is hereby repealed.

16 (d) MINIMUM STANDARDS FOR THE ELIMINATION OF

17 TRAFFICKING.—Section 108(b) of the Victims of Traf18 ficking and Violence Protection Act of 2000 (22 U.S.C.

19 7106(b)) is amended—

20 (1) in paragraph (1)—

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

22 partly within the territory of the country’’ and

23 inserting ‘‘, and convicts and sentences persons

24 responsible for such acts, that take place wholly
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1 or partly within the territory of the country’’;

2 and

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

4 sentences: ‘‘After reasonable requests from the

5 Department of State for data regarding inves6 tigations, prosecutions, convictions, and sen7 tences, a government which does not provide

8 such data, consistent with the capacity of such

9 government to obtain such data, shall be pre10 sumed not to have vigorously investigated, pros11 ecuted, convicted or sentenced such acts. Dur12 ing the periods prior to the annual report sub13 mitted on June 1, 2004, and on June 1, 2005,

14 and the periods afterwards until September 30

15 of each such year, the Secretary of State may

16 disregard the presumption contained in the pre17 ceding sentence if the government has provided

18 some data to the Department of State regard19 ing such acts and the Secretary has determined

20 that the government is making a good faith ef21 fort to collect such data.’’;

22 (2) in paragraph (7)—

23 (A) by striking ‘‘and prosecutes’’ and in24 serting ‘‘, prosecutes, convicts, and sentences’’;

25 and
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1 (B) by adding at the end the following new

2 sentence: ‘‘After reasonable requests from the

3 Department of State for data regarding such

4 investigations, prosecutions, convictions, and

5 sentences, a government which does not provide

6 such data consistent with its resources shall be

7 presumed not to have vigorously investigated,

8 prosecuted, convicted, or sentenced such acts.

9 During the periods prior to the annual report

10 submitted on June 1, 2004, and on June 1,

11 2005, and the periods afterwards until Sep12 tember 30 of each such year, the Secretary of

13 State may disregard the presumption contained

14 in the preceding sentence if the government has

15 provided some data to the Department of State

16 regarding such acts and the Secretary has de17 termined that the government is making a good

18 faith effort to collect such data.’’.

19 (3) by adding the following new paragraphs at

20 the end:

21 ‘‘(8) Whether the percentage of victims of se22 vere forms of trafficking in the country that are

23 non-citizens of such countries is insignificant.

24 ‘‘(9) Whether the government of the country,

25 consistent with the capacity of such government,
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1 systematically monitors its efforts to satisfy the cri2 teria described in paragraphs (1) through (8) and

3 makes available publicly a periodic assessment of

4 such efforts.

5 ‘‘(10) Whether the government of the country

6 achieves appreciable progress in eliminating severe

7 forms of trafficking when compared to the assess8 ment in the previous year.’’.

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

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

11 7107(b)) is amended—

12 (1) by redesignating paragraph (3) as para13 graph (4); and

14 (2) by inserting after paragraph (2) the fol15 lowing new paragraph:

16 ‘‘(3) SPECIAL WATCH LIST.—

17 ‘‘(A) SUBMISSION OF LIST.—Not later

18 than the date on which the determinations de19 scribed in subsections (c) and (d) are submitted

20 to the appropriate congressional committees in

21 accordance with such subsections, the Secretary

22 of State shall submit to the appropriate con23 gressional committees a list of countries that

24 the Secretary determines requires special scru-
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1 tiny during the following year. The list shall be

2 composed of the following countries:

3 ‘‘(i) Countries that have been listed

4 pursuant to paragraph (1)(A) in the cur5 rent annual report and were listed pursu6 ant to paragraph (1)(B) in the previous

7 annual report.

8 ‘‘(ii) Countries that have been listed

9 pursuant to paragraph (1)(B) pursuant to

10 the current annual report and were listed

11 pursuant to paragraph (1)(C) in the pre12 vious annual report.

13 ‘‘(iii) Countries that have been listed

14 pursuant to paragraph (1)(B) pursuant to

15 the current annual report, where—

16 ‘‘(I) the absolute number of vic17 tims of severe forms of trafficking is

18 very significant or is significantly in19 creasing;

20 ‘‘(II) there is a failure to provide

21 evidence of increasing efforts to com22 bat severe forms of trafficking in per23 sons from the previous year, including

24 increased investigations, prosecutions

25 and convictions of trafficking crimes,
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1 increased assistance to victims, and

2 decreasing evidence of complicity in

3 severe forms of trafficking by govern4 ment officials; or

5 ‘‘(III) the determination that a

6 country is making significant efforts

7 to bring themselves into compliance

8 with minimum standards was based

9 on commitments by the country to

10 take additional future steps over the

11 next year.

12 ‘‘(B) INTERIM ASSESSMENT.—Not later

13 than February 1st of each year, the Secretary

14 of State shall provide to the appropriate con15 gressional committees an assessment of the

16 progress that each country on the special watch

17 list described in subparagraph (A) has made

18 since the last annual report.

19 ‘‘(C) RELATION OF SPECIAL WATCH LIST

20 TO ANNUAL TRAFFICKING IN PERSONS RE21 PORT.—A determination that a country shall

22 not be placed on the special watch list described

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

24 the determination to be made in the following

25 year as to whether a country is complying with
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1 the minimum standards for the elimination of

2 trafficking or whether a country is making sig3 nificant efforts to bring itself into compliance

4 with such standards.’’.

5 (f) ENHANCING UNITED STATES ASSISTANCE.—Sec6 tion 134(b) of the Foreign Assistance Act of 1961 (22

7 U.S.C. 2152d(b)) is amended by adding at the end the

8 following new sentence: ‘‘Assistance may be provided

9 under this section notwithstanding section 660 of this

10 Act.’’.

11 (g) RESEARCH RELATING TO TRAFFICKING IN PER12 SONS.—

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

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

15 7101 et seq.) is amended by inserting after section

16 112 the following new section:

17 ‘‘SEC. 112A. RESEARCH ON DOMESTIC AND INTERNATIONAL

18 TRAFFICKING IN PERSONS.

19 ‘‘The President, acting through the Council of Eco20 nomic Advisors, the National Research Council of the Na21 tional Academies, the Secretary of Labor, the Secretary

22 of Health and Human Services, the Attorney General, the

23 Secretary of State, the Administrator of the United States

24 Agency for International Development, and the Director

25 of Central Intelligence, shall carry out research, including
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1 by providing grants to nongovernmental organizations, as

2 well as relevant United States Government agencies and

3 international organizations, which furthers the purposes

4 of this division and provides data to address the problems

5 identified in the findings of this division. Such research

6 initiatives shall, to the maximum extent practicable, in7 clude, but not be limited to, the following:

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

9 trafficking in persons.

10 ‘‘(2) The effectiveness of programs and initia11 tives funded or administered by Federal agencies to

12 prevent trafficking in persons and to protect and as13 sist victims of trafficking.

14 ‘‘(3) The interrelationship between trafficking

15 in persons and global health risks.’’.

16 (2) CONFORMING AMENDMENT.—The table of

17 contents of the Victims of Trafficking and Violence

18 Protection Act of 2000 is amended by inserting after

19 the item relating to section 112 the following new

20 item:

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

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

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

23 7107(d)) is amended—

24 (1) in paragraph (4), by inserting after ‘‘non25 humanitarian, nontrade-related foreign assistance’’
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1 the following: ‘‘or funding for participation in edu2 cational and cultural exchange programs’’; and

3 (2) in paragraph (5)(A)(i), by inserting after

4 ‘‘foreign assistance’’ the following: ‘‘or funding for

5 participation in educational and cultural exchange

6 programs’’.

7 (i) SUBSEQUENT WAIVER AUTHORITY.—Section 110

8 of the Trafficking Victims Protection Act of 2000 (22

9 U.S.C. 7107) is amended by adding at the end the fol10 lowing new subsection:

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

12 described in subsection (d)(1) with respect to the govern13 ment of a country, the President may at any time make

14 a determination described in paragraphs (4) and (5) of

15 subsection (d) to waive, in whole or in part, the measures

16 imposed against the country by the previous determination

17 under subsection (d)(1).’’.

18 SEC. 7. AUTHORIZATION OF APPROPRIATIONS; RELATED

19 MATTERS.

20 Section 113 of the Trafficking Victims Protection Act

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

22 (1) in subsection (a)—

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

24 ‘‘105(e), 105(f)’’; and
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1 (B) by striking ‘‘and $3,000,000 for each

2 of the fiscal years 2002 and 2003’’ and insert3 ing ‘‘, $3,000,000 for each of the fiscal years

4 2002 and 2003, and $5,000,000 for each of the

5 fiscal years 2004 and 2005’’;

6 (2) in subsection (b), by adding at the end be7 fore the period the following: ‘‘and $15,000,000 for

8 each of the fiscal years 2004 and 2005’’;

9 (3) in subsection (c)—

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

11 ‘‘(1) BILATERAL ASSISTANCE TO COMBAT TRAF12 FICKING.—

13 ‘‘(A) PREVENTION.—To carry out the pur14 poses of section 106, there are authorized to be

15 appropriated to the Secretary of State

16 $10,000,000 for each of the fiscal years 2004

17 and 2005.

18 ‘‘(B) PROTECTION.—To carry out the pur19 poses of section 107(a), there are authorized to

20 be appropriated to the Secretary of State

21 $15,000,000 for fiscal year 2003 and

22 $10,000,000 for each of the fiscal years 2004

23 and 2005.

24 ‘‘(C) PROSECUTION AND MEETING MIN25 IMUM STANDARDS.—To carry out the purposes
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1 of section 134 of the Foreign Assistance Act of

2 1961, there are authorized to be appropriated

3 $10,000,000 for each of the fiscal years 2004

4 and 2005 to assist in promoting prosecution of

5 traffickers and otherwise to assist countries in

6 meeting the minimum standards described in

7 section 108 of this Act, including $250,000 for

8 each such fiscal year to carry out training ac9 tivities for law enforcement officers, prosecu10 tors, and members of the judiciary with respect

11 to trafficking in persons at the International

12 Law Enforcement Academies.’’; and

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

14 of the fiscal years 2001, 2002, and 2003’’ and

15 inserting ‘‘for each of the fiscal years 2001

16 through 2005’’;

17 (4) in subsection (d)—

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

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

20 fiscal years 2004 and 2005’’; and

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

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

23 134 of the Foreign Assistance Act of 1961 (as

24 added by section 109), there are authorized to

25 be appropriated to the President, acting
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1 through the Attorney General and the Secretary

2 of State, $250,000 for each of fiscal years 2004

3 and 2005 to carry out training activities for law

4 enforcement officers, prosecutors, and members

5 of the judiciary with respect to trafficking in

6 persons at the International Law Enforcement

7 Academies.’’;

8 (5) in subsection (e)—

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

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

11 inserting ‘‘for each of the fiscal years 2003

12 through 2005’’; and

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

14 paragraph:

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

16 section 112A, there are authorized to be appro17 priated to the President $300,000 for fiscal year

18 2004 and $300,000 for fiscal year 2005.’’;

19 (6) in subsection (f), by adding at the end be20 fore the period the following: ‘‘and $10,000,000 for

21 each of the fiscal years 2004 and 2005’’; and

22 (7) by adding at the end the following new sub23 section:

24 ‘‘(g) LIMITATION ON USE OF FUNDS.—
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1 ‘‘(1) RESTRICTION ON PROGRAMS.—No funds

2 made available to carry out this division, or any

3 amendment made by this division, may be used to

4 promote, support, or advocate the legalization or

5 practice of prostitution. Nothing in the preceding

6 sentence shall be construed to preclude assistance

7 designed to promote the purposes of this Act by

8 ameliorating the suffering of, or health risks to, vic9 tims while they are being trafficked or after they are

10 out of the situation that resulted from such victims

11 being trafficked.

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

13 funds made available to carry out this division, or

14 any amendment made by this division, may be used

15 to implement any program that targets victims of se16 vere forms of trafficking in persons described in sec17 tion 103(8)(A) of this Act through any organization

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

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

20 support, or advocate the legalization or practice of

21 prostitution. The preceding sentence shall not apply

22 to organizations that provide services to individuals

23 solely after they are no longer engaged in activities

24 that resulted from such victims being trafficked.’’.
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1 SEC. 8. TECHNICAL CORRECTIONS.

2 (a) IMMIGRATION AND NATIONALITY ACT.—

3 (1) CLASSES OF NONIMMIGRANT ALIENS.—Sec4 tion 101(a)(15) of the Immigration and Nationality

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

6 (A) by moving the margins of subpara7 graphs (T) and (U) 2 ems to the left;

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

9 ‘‘214(n),’’ and inserting ‘‘214(o),’’;

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

11 ‘‘214(o),’’ and inserting ‘‘214(p),’’; and

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

13 ‘‘214(o),’’ and inserting ‘‘214(q),’’.

14 (2) CLASSES OF ALIENS INELIGIBLE FOR VISAS

15 AND ADMISSION.—Section 212(d) of the Immigra16 tion and Nationality Act (8 U.S.C. 1182(d)) is

17 amended by redesignating the paragraph (13) added

18 by section 1513(e) of the Battered Immigrant

19 Women Protection Act of 2000 (title V of division

20 B of Public Law 106–386; 114 Stat. 1536) as para21 graph (14).

22 (3) ADMISSION OF NONIMMIGRANTS.—Section

23 214 of the Immigration and Nationality Act (8

24 U.S.C. 1184) is amended by redesignating sub25 sections (m) (as added by section 105 of Public Law

26 106–313), (n) (as added by section 107(e) of Public
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1 Law 106–386), (o) (as added by section 1513(c) of

2 Public Law 106–386), (o) (as added by section

3 1102(b) of the Legal Immigration Family Equity

4 Act), and (p) (as added by section 1503(b) of the

5 Legal Immigration Family Equity Act) as sub6 sections (n), (o), (p), (q), and (r), respectively.

7 (4) ADJUSTMENT OF STATUS OF NON8 IMMIGRANTS.—Section 245 of the Immigration and

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

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

11 107(f) of Public Law 106–386, by redesig12 nating the second paragraph (2), and para13 graphs (3) and (4), as paragraphs (3), (4), and

14 (5), respectively; and

15 (B) by redesignating the subsection (l)

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

17 386 as subsection (m).

18 (b) TRAFFICKING VICTIMS PROTECTION ACT OF

19 2000.—(1) Section 103(7)(A)(i) of the Trafficking Vic20 tims Protection Act of 2000 (22 U.S.C. 7102(7)(A)(i)) is

21 amended by inserting after ‘‘part II of that Act’’ the fol22 lowing: ‘‘in support of programs of nongovernmental orga23 nizations’’.
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1 (2) Section 107(g) of the Trafficking Victims Protec2 tion Act of 2000 (22 U.S.C. 7105(g)) is amended by strik3 ing ‘‘214(n)(1)’’ and inserting ‘‘214(o)(2)’’.

Passed the House of Representatives November 5,

2003.

Attest:

Clerk.