H. R. 2620—5
(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 Immigra-
tion 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 INADMIS-
SIBILITY.—Section 212(d)(13) of the Immigration and Nation-
ality 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 traf-
ficking 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 juris-
diction 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 per-
sons).’’.
(c) CONFORMING AMENDMENTS.—(1) The heading for chapter
77 of part I of title 18, United States Code, is amended to read
as follows:
H. R. 2620—6
‘‘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’’.
SEC. 6. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAF-
FICKING.
(a) REPORT.—
(1) IN GENERAL.—Section 105(d) of the Victims of Traf-
ficking 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 May 1, 2004, and annually thereafter,
the Attorney General 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
Relations, and the Committee on the Judiciary of the Senate,
a report on Federal agencies that are implementing any provi-
sion 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 pro-
grams 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 pre-
ceding 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 pre-
ceding 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 sen-
tences 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 sec-
tion 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 Vic-
tims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7105(b)(1)) is amended by striking subparagraph (D).
H. R. 2620—7
(b) SUPPORT FOR THE TASK FORCE.—
(1) AMENDMENT.—The second sentence of section 105(e)
of the Victims of Trafficking and Violence 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 Victims of Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7103) is 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 Execu-
tive Order No. 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 activi-
ties 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 depart-
ment or agency represented on the Operating Group shall fully
share all information with such Group regarding the depart-
ment 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 traf-
ficking in persons and the implementation of this division.
‘‘(5) REGULATIONS.—Not later than 90 days after the date
of the enactment of the Trafficking Victims Protection
Reauthorization Act of 2003, the President shall promulgate
regulations to implement this section, including regulations
to carry out paragraph (4).’’.
(2) CONFORMING AMENDMENT.—Section 406 of the Depart-
ment of State and Related Agency Appropriations Act, 2003
(as contained in division B of Public Law 108–7) is hereby
repealed.
(d) MINIMUM STANDARDS
FOR
THE ELIMINATION
OF TRAF-
FICKING.—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
H. R. 2620—8
(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 Sec-
retary 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 ‘‘, pros-
ecutes, 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, convic-
tions, 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 deter-
mined 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 coun-
tries 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 para-
graph:
‘‘(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 Sec-
retary of State shall submit to the appropriate congres-
sional committees a list of countries that the Secretary
H. R. 2620—9
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 pre-
vious 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 signifi-
cantly increasing;
‘‘(II) there is a failure to provide evidence of
increasing efforts to combat severe forms of traf-
ficking 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 govern-
ment 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 TRAF-
FICKING
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 Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended
by inserting after section 112 the following new section:
H. R. 2620—10
‘‘SEC. 112A. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAF-
FICKING 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 Serv-
ices, 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 inter-
national 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
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 pro-
grams’’; and
(2) in paragraph (5)(A)(i), by inserting after ‘‘foreign assist-
ance’’ the following: ‘‘or funding for participation in educational
and cultural exchange programs’’.
(i) SUBSEQUENT WAIVER AUTHORITY.—Section 110 of the Traf-
ficking Victims Protection Act of 2000 (22 U.S.C. 7107) is 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 pre-
vious 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’’;
H. R. 2620—11
(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) in 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 Sec-
retary 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 Sec-
retary 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
STAND-
ARDS.—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 traf-
fickers 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 Acad-
emies.’’; 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)—
(A) by adding at the end before the period the following:
‘‘and $15,000,000 for each of the fiscal years 2004 and
2005’’; and
(B) by adding at the end the following new sentence:
‘‘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, prosecu-
tors, and members of the judiciary with respect to traf-
ficking 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.—
H. R. 2620—12
‘‘(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 suf-
fering of, or health risks to, victims while they are being traf-
ficked 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 organiza-
tion that has not stated in either a grant application, a grant
agreement, or both, that it does not promote, support, or advo-
cate 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 activi-
ties 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 ADMIS-
SION.—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 Immigra-
tion 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 para-
graph (2), and paragraphs (3) and (4), as paragraphs (3),
(4), and (5), respectively; and
H. R. 2620—13
(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)’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.