IB 
Union Calendar No. 166
108TH CONGRESS 
1ST SESSION H. R. 2620
[Report No. 108–264, Parts I and II] 
To authorize appropriations for fiscal years 2004 and 2005 for the Trafficking 
Victims Protection Act of 2000, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2003
Mr. SMITH of New Jersey (for himself, Mr. LANTOS, Mr. PITTS, Ms. SLAUGH-
TER, and Ms. ESHOO) introduced the following bill; which was referred 
to the Committee on International Relations, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
SEPTEMBER 5, 2003
Reported from the Committee on International Relations with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 5, 2003
Referral to the Committee on the Judiciary extended for a period ending not 
later than September 29, 2003
SEPTEMBER 29, 2003
Additional sponsors: Mr. ABERCROMBIE, Mr. NADLER, Mr. KUCINICH, Mr. 
PENCE, Ms. WOOLSEY, Mr. MCGOVERN, Ms. ROS-LEHTINEN, Mr. 
MCDERMOTT, Mr. KING of New York, Mr. WEXLER, and Mrs. JO ANN 
DAVIS of Virginia 
SEPTEMBER 29, 2003
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 26, 2003] 
A BILL 
To authorize appropriations for fiscal years 2004 and 2005 
for the Trafficking Victims Protection Act of 2000, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trafficking Victims Pro-
tection Reauthorization Act of 2003’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Trafficking in persons continues to victimize 
countless men, women, and children in the United 
States and abroad. 
(2) Since the enactment of the Trafficking Vic-
tims Protection Act of 2000 (division A of Public 
Law 106–386), the United States Government has 
made significant progress in investigating and pros-
ecuting 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 se-
curing 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 under-
stand the phenomenon of trafficking in persons and 
to determine the most effective strategies for com-
bating trafficking in persons. 
(5) Corruption among foreign law enforcement 
authorities continues to undermine the efforts by gov-
ernments to investigate, prosecute, and convict traf-
fickers. 
(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 PER-
SONS. 
(a) BORDER INTERDICTION, PUBLIC INFORMATION 
PROGRAMS, AND COMBATING INTERNATIONAL SEX TOUR-
ISM.—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 es-
tablish and carry out programs of foreign border interdic-
tion by providing grants to nongovernmental organizations 
that provide for transit shelters operating at key border 
crossings and that help train survivors of trafficking in per-
sons 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 appro-
priate manner in which to treat such victims, as well as, 
to the extent appropriate, monitoring 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 es-
tablish 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 coun-
tries of destination regarding the slave-like practices and 
other human rights abuses involved in trafficking, includ-
ing 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 MA-
TERIALS.—The President, pursuant to such regula-
tions as may be prescribed, shall (A) require that air-
lines organized under the laws of the United States 
and other airlines operating in the United States de-
velop and disseminate materials alerting travelers 
that sex tourism (as defined in section 2423(b-e) of 
title 18, United States Code) is illegal, will be pros-
ecuted, and presents dangers to those involved, and 
(B) encourage such airlines to work with nongovern-
mental organizations in developing these materials. 
Such materials may include, for example, brochures, 
public service announcements, and billboards. 
‘‘(2) MONITORING OF COMPLIANCE.—The Presi-
dent shall monitor compliance with the requirements 
of paragraph (1).’’; and 
(3) in subsection (f) (as redesignated), by strik-
ing ‘‘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 add-
ing at the end the following new subsection: 
‘‘(g) TERMINATION OF CERTAIN GRANTS, CONTRACTS 
AND COOPERATIVE AGREEMENTS.—
‘‘(1) TERMINATION.—
‘‘(A) IN GENERAL.—The President shall en-
sure that any grant, contract, or cooperative 
agreement provided or entered into by a Federal 
department or agency under which funds de-
scribed in paragraph (2) are to be provided to 
a private entity, in whole or in part, shall in-
clude a condition that authorizes the department 
or agency to terminate the grant, contract, or co-
operative agreement, without penalty, if the 
grantee or any subgrantee, or the contractor or 
any subcontractor (i) engages in severe forms of 
trafficking in persons or has procured a commer-
cial sex act during the period of time that the 
grant, contract, or cooperative agreement is in 
effect, or (ii) uses forced labor in the performance 
of the grant, contract, or cooperative agreement.
‘‘(B) DEFINITION.—In subparagraph (A), 
the term ‘severe forms of trafficking in persons’ 
has the meaning given the term in section 103(8) 
of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7102(8)). 
‘‘(2) ASSISTANCE
DESCRIBED.—Funds referred 
to in paragraph (1) are funds made available to 
carry out any program, project, or activity funded 
under major functional budget category 150 (relating 
to international affairs).’’. 
SEC. 4. ENHANCING PROTECTION FOR TRAFFICKING VIC-
TIMS. 
(a) AMENDMENTS TO TRAFFICKING VICTIMS PROTEC-
TION ACT OF 2000.—
(1) COOPERATION BETWEEN FOREIGN GOVERN-
MENTS
AND
NONGOVERNMENTAL
ORGANIZATIONS.—
Section 107(a)(1)(B) of the Trafficking Victims Pro-
tection 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 rel-
evant foreign government agencies and such non-
governmental organizations to facilitate cooperation 
between the foreign governments and such organiza-
tions’’.
(2) ASSISTANCE FOR FAMILY MEMBERS OF VIC-
TIMS 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 sec-
tion 101(a)(15)(T)(ii),’’ after ‘‘in persons’’; and 
(B) in subparagraph (B), by inserting ‘‘and 
aliens classified as a nonimmigrant under sec-
tion 101(a)(15)(T)(ii),’’ after ‘‘United States,’’. 
(3) CERTIFICATION OF VICTIMS OF A SEVERE 
FORM
OF
TRAFFICKING
IN
PERSONS.—Section 
107(b)(1)(E)(i)(I) of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 7105(b)(1)(E)(i)(I)) is 
amended by striking ‘‘the investigation and prosecu-
tion’’ and inserting ‘‘any Federal, State, or local in-
vestigation or prosecution’’. 
(4) PRIVATE RIGHT OF ACTION.—Section 107(b) 
of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7105(b)) is amended by adding at the end the 
following new paragraph: 
‘‘(3) CIVIL ACTION.—An individual who is a vic-
tim of a violation of section 1589, 1590, or 1591 of 
title 18, United States Code, may bring a civil action 
in any appropriate district court of the United
States. The court may award actual damages, puni-
tive damages, reasonable attorneys’ fees, and other 
litigation costs reasonably incurred.’’. 
(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY 
ACT.—
(1) DEFINITIONS.—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)(aa), by inserting 
‘‘from any Federal, State, or local law enforce-
ment agency’’ after ‘‘reasonable request’’; 
(B) in clause (i)(III)(bb), by striking ‘‘15 
years of age,’’ and inserting ‘‘18 years of age,’’; 
and 
(C) in clause (ii)(I), by inserting ‘‘unmar-
ried siblings under 18 years of age,’’ before ‘‘and 
parents’’. 
(2) ADMISSION
OF
NONIMMIGRANTS.—Section 
214(n)(3) of the Immigration and Nationality Act (8 
U.S.C. 1184(n)(3)) is amended by inserting ‘‘sib-
lings,’’ before ‘‘or parents’’. 
(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 sec-
tion 101(a)(15)(T)(ii)’’; and
(ii) by inserting ‘‘sibling,’’ after ‘‘par-
ent,’’; and 
(B) in paragraph (3)(B), by inserting ‘‘sib-
lings,’’ after ‘‘daughters,’’. 
(c) WAIVER OF PUBLIC CHARGE GROUND FOR INAD-
MISSIBILITY; PENALTIES FOR UNLAWFUL DISCLOSURE OF 
INFORMATION.—Section 214(n) of the Immigration and 
Nationality Act (8 U.S.C. 1184(n)) is amended by adding 
at the end the following: 
‘‘(4) In determining the admissibility of an alien 
under section 101(a)(15)(T), section 212(a)(4) shall not 
apply. 
‘‘(5)(A) Except as otherwise provided in this para-
graph, in no case may the Secretary of State, the Secretary 
of Homeland Security, or any other official or employee of 
the Department of State or the Department of Homeland 
Security (including any bureau or agency of either of such 
Departments) permit use by, or disclosure to, anyone, other 
than a sworn officer or employee of one of such Departments 
for legitimate Department purposes, of any information 
that relates to an alien who has properly filed a bona fide
application for, or been granted, a visa or nonimmigrant 
status under section 101(a)(15)(T)(i). 
‘‘(B) The limitation under subparagraph (A) shall ter-
minate when the application described in such subpara-
graph is denied and all opportunities for appeal of the de-
nial have been exhausted. 
‘‘(C) The Secretary of State and the Secretary of 
Homeland Security may each provide, in each Secretary’s 
discretion, for the disclosure of information described in 
subparagraph (A) in the same manner and circumstances 
as census information may be disclosed by the Secretary 
of Commerce under section 8 of title 13, United States Code. 
‘‘(D) The Secretary of State and the Secretary of 
Homeland Security may each provide, in each Secretary’s 
discretion, for the disclosure of information described in 
subparagraph (A) to law enforcement officials to be used 
solely for a legitimate law enforcement purpose, such as the 
implementation of section 105(a) of this Act, section 414(c) 
of the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Ter-
rorism (USA PATRIOT ACT) Act of 2001 (8 U.S.C. 1365a 
note), and the interoperable electronic data system described 
in section 202 of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (8 U.S.C. 1722).
‘‘(E) Subparagraph (A) shall not be construed as pre-
venting disclosure of information in connection with judi-
cial review of a determination in a manner that protects 
the confidentiality of such information. 
‘‘(F) Subparagraph (A) shall not be construed to su-
persede section 222(f). 
‘‘(G) Subparagraph (A) shall not apply if the alien 
is an adult and has waived the restrictions of such subpara-
graph. 
‘‘(H) Whoever willfully uses, publishes, or permits in-
formation to be disclosed in violation of this paragraph 
shall be subject to appropriate disciplinary action and sub-
ject to a civil money penalty of not more than $5,000 for 
each such violation.’’. 
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 affect-
ing interstate commerce’’ and inserting ‘‘in or affect-
ing interstate or foreign commerce, or within the spe-
cial 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, pro-
vided, or obtained’’. 
(b) DEFINITION OF RACKETEERING ACTIVITY.—Sec-
tion 1961(1) of title 18, United States Code, is amended 
by inserting after ‘‘peonage and slavery),’’ the following: 
‘‘section 1589 (relating to forced labor), section 1590 (relat-
ing to trafficking with respect to peonage, slavery, involun-
tary servitude, or forced labor), section 1591 (relating to 
sex trafficking of children or by force, fraud, or coercion),’’. 
SEC. 6. ENHANCING UNITED STATES EFFORTS TO COMBAT 
TRAFFICKING. 
(a) REPORT.—
(1) IN GENERAL.—Section 105(d) of the Victims 
of Trafficking and Violence Protection Act of 2000 
(22 U.S.C. 7103(d)) is amended by adding at the end 
the following new paragraph: 
‘‘(7) Not later than February 1, 2004, and 2005, 
the Task Force, acting through the Office to Monitor 
and Combat Trafficking of the Department of State 
(established under subsection (e)), shall submit to the 
Committee on Ways and Means, the Committee on 
International Relations, and the Committee on the 
Judiciary of the House of Representatives and the
Committee on Finance, the Committee on Foreign Re-
lations, and the Committee on the Judiciary of the 
Senate, a report on Federal agencies that are imple-
menting any provision of this division, or any 
amendment made by this division, which shall in-
clude, 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 Cor-
poration, 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 fis-
cal year; 
‘‘(C) the number of persons who have ap-
plied for, been granted, or been denied a visa or 
otherwise 
provided 
status 
under 
section 
101(a)(15)(T)(i) of the Immigration and Nation-
ality 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 sec-
tions 1581, 1583, 1584, 1589, 1590, 1591, 1592, 
or 1594 of title 18, United States Code, during
the preceding fiscal year and the sentences im-
posed 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 Assist-
ance Act of 1961, during the preceding fiscal 
year; 
‘‘(F) the nature of training conducted pur-
suant 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 respon-
sibilities under section 105(f) of this division.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
107(b)(1) of the Victims of Trafficking and Violence 
Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is 
amended by striking subparagraph (D). 
(b) SUPPORT FOR THE TASK FORCE.—
(1) AMENDMENT.—The second sentence of section 
105(e) of the Victims of Trafficking and Violence Pro-
tection Act of 2000 (22 U.S.C. 7103(e)) is amended 
by inserting at the end before the period the following: 
‘‘, who shall be appointed by the President, by and 
with the advice and consent of the Senate, with the 
rank of Ambassador-at-Large’’. 
(2) APPLICABILITY.—The individual who holds 
the position of Director of the Office to Monitor and 
Combat Trafficking of the Department of State may 
continue to hold such position notwithstanding the 
amendment made by paragraph (1). 
(c) SENIOR POLICY OPERATING GROUP.—
(1) AMENDMENT.—Section 105 of the Victims of 
Trafficking and Violence Protection Act of 2000 (22 
U.S.C. 7103) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) SENIOR POLICY OPERATING GROUP.—
‘‘(1) ESTABLISHMENT.—There shall be estab-
lished within the Task Force a Senior Policy Oper-
ating 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 Depart-
ment 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 co-
ordinate activities of Federal departments and agen-
cies 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 Op-
erating 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 poli-
cies, and other significant actions regarding the inter-
national trafficking in persons and the implementa-
tion of this division. 
‘‘(5) REGULATIONS.—Not later than 90 days 
after the date of the enactment of the Trafficking Vic-
tims Protection Reauthorization Act of 2003, the 
President shall promulgate regulations to implement
this section, including regulations to carry out para-
graph (4).’’. 
(2) CONFORMING AMENDMENT.—Section 406 of 
the Department of State and Related Agency Appro-
priations Act, 2003 (as contained in division B of 
Public Law 108–7) is hereby repealed. 
(d) MINIMUM STANDARDS FOR THE ELIMINATION OF 
TRAFFICKING.—Section 108(b) of the Victims of Trafficking 
and Violence Protection Act of 2000 (22 U.S.C. 7106(b)) 
is amended—
(1) in paragraph (1)—
(A) by striking ‘‘that take place wholly or 
partly within the territory of the country’’ and 
inserting ‘‘, and convicts and sentences persons 
responsible for such acts, that take place wholly 
or partly within the territory of the country’’; 
and 
(B) by adding at the end the following new 
sentence: ‘‘After reasonable requests from the De-
partment of State for data regarding investiga-
tions, 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.’’; and
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 sub-
section: 
‘‘(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 sen-
tence shall be construed to preclude assistance de-
signed to promote the purposes of this Act by amelio-
rating 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 se-
vere forms of trafficking in persons described in sec-
tion 103(8)(A) of this Act through any organization