II 

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.

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 ‘‘Paul and Sheila 

5 Wellstone Trafficking Victims Reauthorization Act’’. 

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. 
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1 (2) Since the enactment of the Trafficking Vic2 tims Protection Act of 2000 (22 U.S.C. 7101 et 

3 seq.), the United States Government has made sig4 nificant progress in investigating and prosecuting 

5 acts of trafficking and in responding to the needs of 

6 victims of trafficking in the United States and 

7 abroad. 

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

9 have faced unintended obstacles in the process of se10 curing needed assistance, including admission to the 

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

12 Immigration and Nationality Act. 

13 (4) Additional research is needed to fully under14 stand the phenomenon of trafficking in persons and 

15 to determine the most effective strategies for com16 bating trafficking in persons. 

17 (5) Corruption among foreign law enforcement 

18 authorities continues to undermine the efforts by 

19 governments to investigate, prosecute, and convict 

20 traffickers. 

21 (6) International Law Enforcement Academies 

22 should be more fully utilized in the effort to train 

23 law enforcement authorities, prosecutors, and mem24 bers of the judiciary to address trafficking in per25 sons-related crimes. 
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1 SEC. 3. ENHANCING PREVENTION OF TRAFFICKING IN PER2 SONS. 

3 (a) BORDER INTERDICTION, PUBLIC INFORMATION

4 PROGRAMS, AND COMBATING INTERNATIONAL SEX TOUR5 ISM.—Section 106 of the Trafficking Victims Protection 

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

7 (1) by redesignating subsection (c) as sub8 section (f); 

9 (2) by inserting after subsection (b) the fol10 lowing new subsections: 

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

12 establish and carry out programs of border interdiction 

13 outside the United States. Such programs shall include 

14 providing grants to foreign nongovernmental organizations 

15 that provide for transit shelters operating at key border 

16 crossings and that help train survivors of trafficking in 

17 persons to educate and train border guards and officials, 

18 and other local law enforcement officials, to identify traf19 fickers and victims of severe forms of trafficking, and the 

20 appropriate manner in which to treat such victims. Such 

21 programs shall also include, to the extent appropriate, 

22 monitoring by such survivors of trafficking in persons of 

23 the implementation of border interdiction programs, in24 cluding helping in the identification of such victims to stop 

25 the cross-border transit of victims. The President shall en26 sure that any program established under this subsection 
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1 provides the opportunity for any trafficking victim who is 

2 freed to return to his or her previous residence if the vic3 tim so chooses. 

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

5 establish and carry out programs that support the produc6 tion of television and radio programs, including documen7 taries, to inform vulnerable populations overseas of the 

8 dangers of trafficking, and to increase awareness of the 

9 public in countries of destination regarding the slave-like 

10 practices and other human rights abuses involved in traf11 ficking, including fostering linkages between individuals 

12 working in the media in different countries to determine 

13 the best methods for informing such populations through 

14 such media. 

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

16 ‘‘(1) DEVELOPMENT AND DISSEMINATION OF

17 MATERIALS.—The President, pursuant to such regu18 lations as may be prescribed, shall ensure that mate19 rials are developed and disseminated to alert trav20 elers that sex tourism (as described in subsections 

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

22 States Code) is illegal, will be prosecuted, and pre23 sents dangers to those involved. Such materials 

24 shall, at a minimum, be disseminated to individuals 

25 traveling from major United States airports to for-
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1 eign destinations where the President determines 

2 that sex tourism is significant. 

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

4 President shall monitor compliance with the require5 ments of paragraph (1). 

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

7 180 days after the date of the enactment of the Paul 

8 and Sheila Wellstone Trafficking Victims Reauthor9 ization Act, the President shall transmit to the Com10 mittee on International Relations of the House of 

11 Representatives and the Committee on Foreign Re12 lations of the Senate a report that describes the fea13 sibility of such materials being disseminated by air14 lines organized under the laws of the United States, 

15 other airlines operating in the United States, and 

16 commercial travel agencies to such travelers. Such 

17 report shall include an assessment of the most useful 

18 and practical means for airlines and travel agencies 

19 to provide this information, including brochures, 

20 public service announcements, in-flight videos, and 

21 billboards.’’; and 

22 (3) in subsection (f) (as redesignated by para23 graph (1)), by striking ‘‘initiatives described in sub24 sections (a) and (b)’’ and inserting ‘‘initiatives and 

25 programs described in subsections (a) through (e)’’.
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1 (b) TERMINATION OF CERTAIN GRANTS, CONTRACTS

2 AND COOPERATIVE AGREEMENTS.—Section 106 of such 

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

4 by adding at the end the following new subsection: 

5 ‘‘(g) TERMINATION OF CERTAIN GRANTS, CON6 TRACTS AND COOPERATIVE AGREEMENTS.—

7 ‘‘(1) TERMINATION.—The President shall en8 sure that any grant, contract, or cooperative agree9 ment provided or entered into by a Federal depart10 ment or agency under which funds described in 

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

12 in whole or in part, shall include a condition that au13 thorizes the department or agency to terminate the 

14 grant, contract, or cooperative agreement, without 

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

16 contractor or any subcontractor—

17 ‘‘(A) engages in severe forms of trafficking 

18 in persons or has procured a commercial sex act 

19 during the period of time that the grant, con20 tract, or cooperative agreement is in effect; or 

21 ‘‘(B) uses forced labor in the performance 

22 of the grant, contract, or cooperative agree23 ment. 

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 victim 

4 has been willing to assist in every reason5 able way with respect to the investigation 

6 and prosecution of State and local crimes 

7 such as kidnapping, rape, slavery, or other 

8 forced labor offenses, where severe forms 

9 of trafficking appear to have been in10 volved.’’.

11 (4) PRIVATE RIGHT OF ACTION.—

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

13 title 18, United States Code, is amended by 

14 adding at the end the following new section: 

15 ‘‘§ 1595. Civil remedy 

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

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

18 a civil action against the perpetrator in an appropriate dis19 trict court of the United States and may recover damages 

20 and reasonable attorneys fees. 

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

22 be stayed during the pendency of any criminal action aris23 ing out of the same occurrence in which the claimant is 

24 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:

‘‘77. Peonage, slavery, and trafficking in persons ................ 1581

18 SEC. 6. ENHANCING UNITED STATES EFFORTS TO COMBAT 

19 TRAFFICKING. 

20 (a) REPORT.—

21 (1) IN GENERAL.—Section 105(d) of the Traf22 ficking Victims Protection Act of 2000 (22 U.S.C. 

23 7103(d)) is amended by adding at the end the fol24 lowing new paragraph: 
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1 ‘‘(7) Not later than May 1, 2004, and annually 

2 thereafter, submit to the Committee on Ways and 

3 Means, the Committee on International Relations, 

4 and the Committee on the Judiciary of the House of 

5 Representatives and the Committee on Finance, the 

6 Committee on Foreign Relations, and the Committee 

7 on the Judiciary of the Senate, a report on Federal 

8 agencies that are implementing any provision of this 

9 division, or any amendment made by this division, 

10 which shall include, at a minimum, information on—

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

12 benefits or other services under section 107(b) 

13 in connection with programs or activities fund14 ed or administered by the Secretary of Health 

15 and Human Services, the Secretary of Labor, 

16 the Board of Directors of the Legal Services 

17 Corporation, and other appropriate Federal 

18 agencies during the preceding fiscal year; 

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

20 granted continued presence in the United 

21 States under section 107(c)(3) during the pre22 ceding fiscal year; 

23 ‘‘(C) the number of persons who have ap24 plied for, been granted, or been denied a visa or 

25 otherwise provided status under section
16

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1 101(a)(15)(T)(i) of the Immigration and Na2 tionality Act (8 U.S.C. 1101(a)(15)(T)(i)) dur3 ing the preceding fiscal year; 

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

5 charged or convicted under one or more of sec6 tions 1581, 1583, 1584, 1589, 1590, 1591, 

7 1592, or 1594 of title 18, United States Code, 

8 during the preceding fiscal year and the sen9 tences imposed against each such person; 

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

11 each grant issued by any Federal agency to 

12 carry out the purposes of sections 106 and 107 

13 of this Act, or section 134 of the Foreign As14 sistance Act of 1961, during the preceding fis15 cal year; 

16 ‘‘(F) the nature of training conducted pur17 suant to section 107(c)(4) during the preceding 

18 fiscal year; and 

19 ‘‘(G) the activities undertaken by the Sen20 ior Policy Operating Group to carry out its re21 sponsibilities under section 105(f) of this divi22 sion.’’. 

23 (2) CONFORMING AMENDMENT.—Section 

24 107(b)(1) of the Trafficking Victims Protection Act 

25 of 2000 (22 U.S.C. 7105(b)(1)) (as amended by sec-
17

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1 tion 4(a)(2)) is further amended by striking sub2 paragraph (D). 

3 (b) SUPPORT FOR THE TASK FORCE.—

4 (1) AMENDMENT.—The second sentence of sec5 tion 105(e) of the Trafficking Victims Protection 

6 Act of 2000 (22 U.S.C. 7103(e)) is amended by in7 serting at the end before the period the following: ‘‘, 

8 who shall be appointed by the President, by and 

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

10 rank of Ambassador-at-Large’’. 

11 (2) APPLICABILITY.—The individual who holds 

12 the position of Director of the Office to Monitor and 

13 Combat Trafficking of the Department of State may 

14 continue to hold such position notwithstanding the 

15 amendment made by paragraph (1). 

16 (c) SENIOR POLICY OPERATING GROUP.—

17 (1) AMENDMENT.—Section 105 of the Traf18 ficking Victims Protection Act of 2000 (22 U.S.C. 

19 7103) (as amended by subsection (b)(1)) is further 

20 amended by adding at the end the following new 

21 subsection: 

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

23 ‘‘(1) ESTABLISHMENT.—There shall be estab24 lished within the executive branch a Senior Policy 

25 Operating Group. 
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1 ‘‘(2) MEMBERSHIP; RELATED MATTERS.—

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

3 shall consist of the senior officials designated as 

4 representatives of the appointed members of the 

5 Task Force (pursuant to Executive Order 

6 13257 of February 13, 2002). 

7 ‘‘(B) CHAIRPERSON.—The Operating 

8 Group shall be chaired by the Director of the 

9 Office to Monitor and Combat Trafficking of 

10 the Department of State. 

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

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

13 Chairperson. 

14 ‘‘(3) DUTIES.—The Operating Group shall co15 ordinate activities of Federal departments and agen16 cies regarding policies (including grants and grant 

17 policies) involving the international trafficking in 

18 persons and the implementation of this division. 

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

20 Federal department or agency represented on the 

21 Operating Group shall fully share all information 

22 with such Group regarding the department or agen23 cy’s plans, before and after final agency decisions 

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

25 policies, and other significant actions regarding the 
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1 international trafficking in persons and the imple2 mentation of this division. 

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

4 after the date of the enactment of the Paul and 

5 Sheila Wellstone Trafficking Victims Reauthoriza6 tion Act, the President shall promulgate regulations 

7 to implement this section, including regulations to 

8 carry out paragraph (4).’’. 

9 (2) CONFORMING AMENDMENT.—Section 406 

10 of the Department of State and Related Agency Ap11 propriations Act, 2003 (as contained in title IV of 

12 division B of Public Law 108–7; 22 U.S.C. 7103 

13 note) is hereby repealed. 

14 (d) MINIMUM STANDARDS FOR THE ELIMINATION OF

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

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

17 (1) in paragraph (1)—

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

19 partly within the territory of the country’’ and 

20 inserting ‘‘, and convicts and sentences persons 

21 responsible for such acts, that take place wholly 

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

23 and 

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

25 sentences: ‘‘After reasonable requests from the 
20

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1 Department of State for data regarding inves2 tigations, prosecutions, convictions, and sen3 tences, a government which does not provide 

4 such data, consistent with the capacity of such 

5 government to obtain such data, shall be pre6 sumed not to have vigorously investigated, pros7 ecuted, convicted or sentenced such acts. Dur8 ing the periods prior to the annual report sub9 mitted on June 1, 2004, and on June 1, 2005, 

10 and the periods afterwards until September 30 

11 of each such year, the Secretary of State may 

12 disregard the presumption contained in the pre13 ceding sentence if the government has provided 

14 some data to the Department of State regard15 ing such acts and the Secretary has determined 

16 that the government is making a good faith ef17 fort to collect such data.’’; 

18 (2) in paragraph (7)—

19 (A) by striking ‘‘and prosecutes’’ and in20 serting ‘‘, prosecutes, convicts, and sentences’’; 

21 and 

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

23 sentence: ‘‘After reasonable requests from the 

24 Department of State for data regarding such 

25 investigations, prosecutions, convictions, and
21

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1 sentences, a government which does not provide 

2 such data consistent with its resources shall be 

3 presumed not to have vigorously investigated, 

4 prosecuted, convicted, or sentenced such acts. 

5 During the periods prior to the annual report 

6 submitted on June 1, 2004, and on June 1, 

7 2005, and the periods afterwards until Sep8 tember 30 of each such year, the Secretary of 

9 State may disregard the presumption contained 

10 in the preceding sentence if the government has 

11 provided some data to the Department of State 

12 regarding such acts and the Secretary has de13 termined that the government is making a good 

14 faith effort to collect such data.’’. 

15 (3) by adding the following new paragraphs at 

16 the end: 

17 ‘‘(8) Whether the percentage of victims of se18 vere forms of trafficking in the country that are 

19 non-citizens of such countries is insignificant. 

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

21 consistent with the capacity of such government, 

22 systematically monitors its efforts to satisfy the cri23 teria described in paragraphs (1) through (8) and 

24 makes available publicly a periodic assessment of 

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

2 achieves appreciable progress in eliminating severe 

3 forms of trafficking when compared to the assess4 ment in the previous year.’’. 

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

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

7 7107(b)) is amended—

8 (1) by redesignating paragraph (3) as para9 graph (4); and 

10 (2) by inserting after paragraph (2) the fol11 lowing new paragraph: 

12 ‘‘(3) SPECIAL WATCH LIST.—

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

14 than the date on which the determinations de15 scribed in subsections (c) and (d) are submitted 

16 to the appropriate congressional committees in 

17 accordance with such subsections, the Secretary 

18 of State shall submit to the appropriate con19 gressional committees a list of countries that 

20 the Secretary determines requires special scru21 tiny during the following year. The list shall be 

22 composed of the following countries: 

23 ‘‘(i) Countries that have been listed 

24 pursuant to paragraph (1)(A) in the cur25 rent annual report and were listed pursu-
23

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1 ant to paragraph (1)(B) in the previous 

2 annual report. 

3 ‘‘(ii) Countries that have been listed 

4 pursuant to paragraph (1)(B) pursuant to 

5 the current annual report and were listed 

6 pursuant to paragraph (1)(C) in the pre7 vious annual report. 

8 ‘‘(iii) Countries that have been listed 

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

10 the current annual report, where—

11 ‘‘(I) the absolute number of vic12 tims of severe forms of trafficking is 

13 very significant or is significantly in14 creasing; 

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

16 evidence of increasing efforts to com17 bat severe forms of trafficking in per18 sons from the previous year, including 

19 increased investigations, prosecutions 

20 and convictions of trafficking crimes, 

21 increased assistance to victims, and 

22 decreasing evidence of complicity in 

23 severe forms of trafficking by govern24 ment officials; or 
24

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1 ‘‘(III) the determination that a 

2 country is making significant efforts 

3 to bring themselves into compliance 

4 with minimum standards was based 

5 on commitments by the country to 

6 take additional future steps over the 

7 next year. 

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

9 than February 1st of each year, the Secretary 

10 of State shall provide to the appropriate con11 gressional committees an assessment of the 

12 progress that each country on the special watch 

13 list described in subparagraph (A) has made 

14 since the last annual report. 

15 ‘‘(C) RELATION OF SPECIAL WATCH LIST

16 TO ANNUAL TRAFFICKING IN PERSONS RE17 PORT.—A determination that a country shall 

18 not be placed on the special watch list described 

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

20 the determination to be made in the following 

21 year as to whether a country is complying with 

22 the minimum standards for the elimination of 

23 trafficking or whether a country is making sig24 nificant efforts to bring itself into compliance 

25 with such standards.’’.
25

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1 (f) ENHANCING UNITED STATES ASSISTANCE.—Sec2 tion 134(b) of the Foreign Assistance Act of 1961 (22 

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

4 following new sentence: ‘‘Assistance may be provided 

5 under this section notwithstanding section 660 of this 

6 Act.’’. 

7 (g) RESEARCH RELATING TO TRAFFICKING IN PER8 SONS.—

9 (1) IN GENERAL.—The Trafficking Victims 

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

11 amended by inserting after section 112 the following 

12 new section:

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

14 TRAFFICKING IN PERSONS. 

15 ‘‘The President, acting through the Council of Eco16 nomic Advisors, the National Research Council of the Na17 tional Academies, the Secretary of Labor, the Secretary 

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

19 Secretary of State, the Administrator of the United States 

20 Agency for International Development, and the Director 

21 of Central Intelligence, shall carry out research, including 

22 by providing grants to nongovernmental organizations, as 

23 well as relevant United States Government agencies and 

24 international organizations, which furthers the purposes 

25 of this division and provides data to address the problems 
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•S 1830 IS 

1 identified in the findings of this division. Such research 

2 initiatives shall, to the maximum extent practicable, in3 clude, but not be limited to, the following: 

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

5 trafficking in persons. 

6 ‘‘(2) The effectiveness of programs and initia7 tives funded or administered by Federal agencies to 

8 prevent trafficking in persons and to protect and as9 sist victims of trafficking. 

10 ‘‘(3) The interrelationship between trafficking 

11 in persons and global health risks.’’. 

12 (2) CONFORMING AMENDMENT.—The table of 

13 contents of the Victims of Trafficking and Violence 

14 Protection Act of 2000 (Public Law 106–386; 114 

15 Stat. 1464) is amended by inserting after the item 

16 relating to section 112 the following new item:

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

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

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

19 7107(d)) is amended—

20 (1) in paragraph (4), by inserting after ‘‘non21 humanitarian, nontrade-related foreign assistance’’ 

22 the following: ‘‘or funding for participation in edu23 cational and cultural exchange programs’’; and 

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

25 ‘‘foreign assistance’’ the following: ‘‘or funding for 
27

•S 1830 IS 

1 participation in educational and cultural exchange 

2 programs’’. 

3 (i) SUBSEQUENT WAIVER AUTHORITY.—Section 110 

4 of the Trafficking Victims Protection Act of 2000 (22 

5 U.S.C. 7107) (as amended by subsections (e) and (h)) is 

6 further amended by adding at the end the following new 

7 subsection: 

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

9 described in subsection (d)(1) with respect to the govern10 ment of a country, the President may at any time make 

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

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

13 imposed against the country by the previous determination 

14 under subsection (d)(1).’’. 

15 SEC. 7. AUTHORIZATION OF APPROPRIATIONS; RELATED 

16 MATTERS. 

17 Section 113 of the Trafficking Victims Protection Act 

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

19 (1) in subsection (a)—

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

21 ‘‘105(e), 105(f)’’; and 

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

23 of the fiscal years 2002 and 2003’’ and insert24 ing ‘‘, $3,000,000 for each of the fiscal years 
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1 2002 and 2003, and $5,000,000 for each of the 

2 fiscal years 2004 and 2005’’; 

3 (2) in subsection (b), by adding at the end be4 fore the period the following: ‘‘and $15,000,000 for 

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

6 (3) in subsection (c)—

7 (A) by amending paragraph (1) to read as 

8 follows: 

9 ‘‘(1) BILATERAL ASSISTANCE TO COMBAT TRAF10 FICKING.—

11 ‘‘(A) PREVENTION.—To carry out the pur12 poses of section 106, there are authorized to be 

13 appropriated to the Secretary of State 

14 $10,000,000 for each of the fiscal years 2004 

15 and 2005. 

16 ‘‘(B) PROTECTION.—To carry out the pur17 poses of section 107(a), there are authorized to 

18 be appropriated to the Secretary of State 

19 $15,000,000 for fiscal year 2003 and 

20 $10,000,000 for each of the fiscal years 2004 

21 and 2005. 

22 ‘‘(C) PROSECUTION AND MEETING MIN23 IMUM STANDARDS.—To carry out the purposes 

24 of section 134 of the Foreign Assistance Act of 

25 1961, there are authorized to be appropriated
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1 $10,000,000 for each of the fiscal years 2004 

2 and 2005 to assist in promoting prosecution of 

3 traffickers and otherwise to assist countries in 

4 meeting the minimum standards described in 

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

6 each such fiscal year to carry out training ac7 tivities for law enforcement officers, prosecu8 tors, and members of the judiciary with respect 

9 to trafficking in persons at the International 

10 Law Enforcement Academies.’’; and 

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

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

13 inserting ‘‘for each of the fiscal years 2001 

14 through 2005’’; 

15 (4) in subsection (d) by striking the period at 

16 the end and inserting ‘‘and $15,000,000 for each of 

17 the fiscal years 2004 and 2005. To carry out the 

18 purposes of section 134 of the Foreign Assistance 

19 Act of 1961 (as added by section 109), there are au20 thorized to be appropriated to the President, acting 

21 through the Attorney General and the Secretary of 

22 State, $250,000 for each of fiscal years 2004 and 

23 2005 to carry out training activities for law enforce24 ment officers, prosecutors, and members of the judi-
30

•S 1830 IS 

1 ciary with respect to trafficking in persons at the 

2 International Law Enforcement Academies.’’; 

3 (5) in subsection (e)—

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

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

6 inserting ‘‘for each of the fiscal years 2003 

7 through 2005’’; and 

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

9 paragraph: 

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

11 section 112A, there are authorized to be appro12 priated to the President $300,000 for fiscal year 

13 2004 and $300,000 for fiscal year 2005.’’; 

14 (6) in subsection (f), by adding at the end be15 fore the period the following: ‘‘and $10,000,000 for 

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

17 (7) by adding at the end the following new sub18 section: 

19 ‘‘(g) LIMITATION ON USE OF FUNDS.—

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

21 made available to carry out this division, or any 

22 amendment made by this division, may be used to 

23 promote, support, or advocate the legalization or 

24 practice of prostitution. Nothing in the preceding 

25 sentence shall be construed to preclude assistance 
31

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1 designed to promote the purposes of this Act by 

2 ameliorating the suffering of, or health risks to, vic3 tims while they are being trafficked or after they are 

4 out of the situation that resulted from such victims 

5 being trafficked. 

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

7 funds made available to carry out this division, or 

8 any amendment made by this division, may be used 

9 to implement any program that targets victims of se10 vere forms of trafficking in persons described in sec11 tion 103(8)(A) of this Act through any organization 

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

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

14 support, or advocate the legalization or practice of 

15 prostitution. The preceding sentence shall not apply 

16 to organizations that provide services to individuals 

17 solely after they are no longer engaged in activities 

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

19 SEC. 8. TECHNICAL CORRECTIONS. 

20 (a) IMMIGRATION AND NATIONALITY ACT.—

21 (1) CLASSES OF NONIMMIGRANT ALIENS.—Sec22 tion 101(a)(15) of the Immigration and Nationality 

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

24 (A) by moving the margins of subpara25 graphs (T) and (U) 2 ems to the left; 
32

•S 1830 IS 

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

2 ‘‘214(n),’’ and inserting ‘‘214(o),’’; 

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

4 ‘‘214(o),’’ and inserting ‘‘214(p),’’; and 

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

6 ‘‘214(o),’’ and inserting ‘‘214(q),’’. 

7 (2) CLASSES OF ALIENS INELIGIBLE FOR VISAS

8 AND ADMISSION.—Section 212(d) of the Immigra9 tion and Nationality Act (8 U.S.C. 1182(d)) is 

10 amended by redesignating the paragraph (13) added 

11 by section 1513(e) of the Battered Immigrant 

12 Women Protection Act of 2000 (title V of division 

13 B of Public Law 106–386; 114 Stat. 1536) as para14 graph (14). 

15 (3) ADMISSION OF NONIMMIGRANTS.—Section 

16 214 of the Immigration and Nationality Act (8 

17 U.S.C. 1184) is amended by redesignating sub18 sections (m) (as added by section 105 of Public Law 

19 106–313), (n) (as added by section 107(e) of Public 

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

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

22 1102(b) of the Legal Immigration Family Equity 

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

24 Legal Immigration Family Equity Act) as sub25 sections (n), (o), (p), (q), and (r), respectively. 
33

•S 1830 IS 

1 (4) ADJUSTMENT OF STATUS OF NON2 IMMIGRANTS.—Section 245 of the Immigration and 

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

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

5 107(f) of Public Law 106–386, by redesig6 nating the second paragraph (2), and para7 graphs (3) and (4), as paragraphs (3), (4), and 

8 (5), respectively; and 

9 (B) by redesignating the subsection (l) 

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

11 386 as subsection (m). 

12 (b) TRAFFICKING VICTIMS PROTECTION ACT OF

13 2000.—(1) Section 103(7)(A)(i) of the Trafficking Vic14 tims Protection Act of 2000 (22 U.S.C. 7102(7)(A)(i)) is 

15 amended by inserting after ‘‘part II of that Act’’ the fol16 lowing: ‘‘in support of programs of nongovernmental orga17 nizations’’. 

18 (2) Section 107(g) of the Trafficking Victims Protec19 tion Act of 2000 (22 U.S.C. 7105(g)) is amended by strik20 ing ‘‘214(n)(1)’’ and inserting ‘‘214(o)(2)’’.

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