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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1830 Introduced in Senate (IS)]

108th CONGRESS
  1st Session
                                S. 1830

  To authorize appropriations for fiscal years 2004 and 2005 for the 
  Trafficking Victims Protection Act of 2000, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2003

 Mr. Brownback introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
  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 ``Paul and Sheila Wellstone 
Trafficking Victims Reauthorization Act''.

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 (22 U.S.C. 7101 et seq.), 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. 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, at a minimum, be 
        disseminated to individuals traveling from major United States 
        airports 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 Paul and Sheila Wellstone 
        Trafficking Victims Reauthorization Act, the President shall 
        transmit to the Committee on International Relations of the 
        House of Representatives and the Committee on Foreign Relations 
        of the Senate a report that describes the feasibility of such 
        materials being disseminated by airlines organized under the 
        laws of the United States, other airlines operating in the 
        United States, and commercial travel agencies to such 
        travelers. Such report shall include an assessment of the most 
        useful and practical means for airlines and travel agencies to 
        provide this information, including brochures, public service 
        announcements, in-flight videos, and billboards.''; and
            (3) in subsection (f) (as redesignated by paragraph (1)), 
        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 
        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--
                    ``(A) 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
                    ``(B) 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 victim has been willing to assist in every 
                        reasonable way with respect to the 
                        investigation and prosecution of State and 
                        local crimes 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:
``Sec. 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 (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:

     ``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..........       1581

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

    (a) Report.--
            (1) In general.--Section 105(d) of the Trafficking Victims 
        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, 
        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 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7105(b)(1)) (as amended by section 4(a)(2)) is further amended 
        by striking subparagraph (D).
    (b) Support for the Task Force.--
            (1) Amendment.--The second sentence of section 105(e) of 
        the Trafficking Victims 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 Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7103) (as amended by 
        subsection (b)(1)) is further 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 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 Paul and Sheila Wellstone Trafficking 
        Victims Reauthorization Act, 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 title IV of division B of Public Law 108-7; 22 U.S.C. 7103 
        note) is hereby repealed.
    (d) Minimum Standards for the Elimination of Trafficking.--Section 
108(b) of the Trafficking Victims 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
                    (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 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 Trafficking Victims Protection Act of 
        2000 (22 U.S.C. 7101 et seq.) is amended by inserting after 
        section 112 the following new section:

``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 
        (Public Law 106-386; 114 Stat. 1464) 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) (as amended by 
subsections (e) and (h)) is further 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'';
            (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) by amending 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) by striking the period at the end and 
        inserting ``and $15,000,000 for each of the fiscal years 2004 
        and 2005. 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.--
            ``(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
                    (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)''.
                                 <all>
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