H. R. 2620
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
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 ‘‘Trafficking Victims Protection
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 Victims Protec-
tion Act of 2000 (division A of Public Law 106–386), the United
States Government has made significant progress in inves-
tigating 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 assist-
ance, 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 inves-
tigate, 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 sub-
sections:
‘‘(c) BORDER INTERDICTION.—The President shall establish and
carry out programs of border interdiction outside the United States.
H. R. 2620—2
Such programs shall include providing grants to foreign nongovern-
mental 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 traf-
ficking 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 pre-
scribed, shall ensure that materials are developed and dissemi-
nated to alert travelers that sex tourism (as described in sub-
sections (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 be disseminated to
individuals traveling to foreign destinations where the Presi-
dent 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 Trafficking Victims Protection
Reauthorization Act of 2003, the President shall transmit to
the Committee on International Relations of the House of Rep-
resentatives and the Committee on Foreign Affairs of the
Senate a report that describes the feasibility of such United
States Government materials being disseminated through
public-private partnerships to individuals traveling to foreign
destinations.’’; and
(3) in subsection (f) (as redesignated), by striking ‘‘initia-
tives described in subsections (a) and (b)’’ and inserting ‘‘initia-
tives 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
H. R. 2620—3
entity, in whole or in part, shall include a condition that author-
izes 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 (i)
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 (ii) uses
forced labor in the performance of the grant, contract, or
cooperative agreement.
‘‘(2) ASSISTANCE DESCRIBED.—Funds referred to in para-
graph (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 nongovern-
mental organizations to facilitate cooperation between the for-
eign governments and such organizations’’.
(2) ASSISTANCE FOR FAMILY MEMBERS OF VICTIMS OF TRAF-
FICKING 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 non-
immigrant 
under 
section 
101(a)(15)(T)(ii),’’ 
after
‘‘United States,’’; and
(ii) by adding at the end the following new sen-
tence: ‘‘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 vic-
tims of trafficking.’’.
(3) CERTIFICATION OF VICTIMS OF A SEVERE FORM OF TRAF-
FICKING 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 person
referred to in subparagraph (C)(ii)(II) has been willing
to assist in every reasonable way with respect to the
investigation and prosecution of State and local crimes
H. R. 2620—4
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:
‘‘§ 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