Trafficking Victims Protection Reauthorization Act of 2003
PL 108-193 (H.R.2620), enacted 12/19/2003

117 STAT. 2875
PUBLIC LAW 108–193—DEC. 19, 2003
Public Law 108–193
108th Congress
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.
President.
22 USC 7101
note.
Trafficking
Victims
Protection
Reauthorization
Act of 2003.
22 USC 7101
note.
Dec. 19, 2003
[H.R. 2620]
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117 STAT. 2876
PUBLIC LAW 108–193—DEC. 19, 2003
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
Deadline.
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117 STAT. 2877
PUBLIC LAW 108–193—DEC. 19, 2003
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
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117 STAT. 2878
PUBLIC LAW 108–193—DEC. 19, 2003
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
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117 STAT. 2879
PUBLIC LAW 108–193—DEC. 19, 2003
(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:
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117 STAT. 2880
PUBLIC LAW 108–193—DEC. 19, 2003
‘‘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).
Deadline.
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117 STAT. 2881
PUBLIC LAW 108–193—DEC. 19, 2003
(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
22 USC 7103
note.
Deadline.
President.
22 USC 7103
note.
President.
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PUBLIC LAW 108–193—DEC. 19, 2003
(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
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117 STAT. 2883
PUBLIC LAW 108–193—DEC. 19, 2003
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:
Deadline.
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117 STAT. 2884
PUBLIC LAW 108–193—DEC. 19, 2003
‘‘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’’;
President.
22 USC 7109a.
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117 STAT. 2885
PUBLIC LAW 108–193—DEC. 19, 2003
(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.—
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117 STAT. 2886
PUBLIC LAW 108–193—DEC. 19, 2003
‘‘(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
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117 STAT. 2887
PUBLIC LAW 108–193—DEC. 19, 2003
LEGISLATIVE HISTORY—H.R. 2620:
HOUSE REPORTS: No. 108–264, Pt. 1 (Comm. on International Relations) and Pt.
2 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Nov. 4, 5, considered and passed House.
Dec. 9, considered and passed Senate.
(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)’’.
Approved December 19, 2003.
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