[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2620 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2620
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.
Slaughter, and Ms. Eshoo) introduced the following bill; which was
referred to the Committee on International Relations, and in addition
to the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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 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
Protection Act of 2000 (division A of Public Law 106-386), the
United States Government has made significant progress in
investigating 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
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 understand the
phenomenon of trafficking in persons and to determine the most
effective strategies for combating trafficking in persons.
(5) Corruption amongst law enforcement authorities
continues to undermine the efforts by governments to
investigate, 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) Termination of Certain Grants, Contracts and Cooperative
Agreements.--
(1) Termination.--
(A) In general.--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 entity, in whole or in part,
shall include a condition that authorizes 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.
(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).
(b) 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
subsections:
``(c) Border Interdiction.--The President shall establish and carry
out programs of border interdiction by providing grants to
nongovernmental organizations that provide for transit shelters
operating at key border crossings and that help train survivors of
trafficking in persons to work with local law enforcement as border
monitors to help identify traffickers and trafficking 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, 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 prescribed,
shall (A) require that airlines organized under the laws of the
United States and other airlines operating in the United States
develop and disseminate materials alerting travelers that sex
tourism (as defined in section 2423(c-e) of title 18, United
States Code) is illegal, will be prosecuted, and presents
dangers to those involved, and (B) encourage such airlines to
work with nongovernmental organizations in developing these
materials. Such materials may include, for example, brochures,
public service announcements, and billboards.
``(2) Monitoring of compliance.--The President shall
monitor compliance with the requirements of paragraph (1).'';
and
(3) in subsection (f) (as redesignated), by striking
``initiatives described in subsections (a) and (b)'' and
inserting ``initiatives and programs described in subsections
(a) through (e)''.
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 nongovernmental
organizations to facilitate cooperation between the foreign
governments and such organizations''.
(2) Assistance for family members of victims 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 section
101(a)(15)(T)(ii),'' after ``in persons''; and
(B) in subparagraph (B), by inserting ``and aliens
classified as a nonimmigrant under section
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 Protection Act of 2000 (22 U.S.C.
7105(b)(1)(E)(i)(I)) is amended by striking ``the investigation
and prosecution'' and inserting ``any Federal, State, or local
investigation 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 victim 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, punitive 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 enforcement 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 ``unmarried
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 ``siblings,'' 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
section 101(a)(15)(T)(ii)''; and
(ii) by inserting ``sibling,'' after
``parents,''; and
(B) in paragraph (3)(B), by inserting ``siblings,''
after ``daughters,''.
(c) Waiver of Public Charge Ground for Inadmissibility; 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 paragraph, 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 terminate when
the application described in such subparagraph is denied and all
opportunities for appeal of the denial 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 Terrorism (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 preventing
disclosure of information in connection with judicial review of a
determination in a manner that protects the confidentiality of such
information.
``(F) Subparagraph (A) shall not be construed to supersede section
222(f).
``(G) Subparagraph (A) shall not apply if the alien is an adult and
has waived the restrictions of such subparagraph.
``(H) Whoever willfully uses, publishes, or permits information to
be disclosed in violation of this paragraph shall be subject to
appropriate disciplinary action and subject 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 affecting
interstate commerce'' and inserting ``in or affecting
interstate or foreign commerce, or within the special 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, provided, or
obtained''.
(b) Definition of Racketeering Activity.--Section 1961(1) of title
18, United States Code, is amended by inserting after ``murder-for-
hire),'' the following: ``section 1589 (relating to forced labor),
section 1590 (relating to trafficking with respect to peonage, slavery,
involuntary 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 Relations,
and the Committee on the Judiciary of the Senate, a report on
Federal agencies that are implementing any provision 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 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 Corporation, 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 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 preceding 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 sentences 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; and
``(F) the nature of training conducted pursuant to
section 107(c)(4) during the preceding fiscal year.''.
(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 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
Task Force 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 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 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
activities 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.--The Operating Group
shall fully share information regarding plans of Federal
departments and agencies, before and after final agency
decisions are made, on all matters regarding grants, grant
policies, and other significant actions regarding the
international trafficking in persons and the implementation of
this division.''.
(2) Conforming amendment.--Section 406 of the Department 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 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
Department of State for data regarding investigations,
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
(2) in paragraph (7)--
(A) by striking ``and prosecutes'' and inserting
``, prosecutes, 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, 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.''.
(e) 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.''.
(f) 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:
``SEC. 112A. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING 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 Services, 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, 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.''.
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), 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
$4,000,000 for each of the fiscal years 2004 and 2005'';
(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 Secretary of State $15,000,000 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 Secretary of State $15,000,000 for each of the
fiscal years 2003 and 2005.
``(C) Prosecution and meeting minimum standards.--
To carry out the purposes of section 134 of the Foreign
Assistance Act of 1961, there are authorized to be
appropriated $15,000,000 for each of the fiscal years
2004 and 2005 to assist in promoting prosecution of
traffickers 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 Academies.''; 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,
$250,000 for each of fiscal years 2004 and 2005 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 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.--
``(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 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 severe forms of trafficking in persons
described in section 103(8)(A) of this Act through any
organization that has not stated in either a grant application,
a grant agreement, or both, that it does not promote, support,
or advocate 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 activities 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 admission.--
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
Immigration 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
paragraph (2), and paragraphs (3) and (4), as
paragraphs (3), (4), and (5), respectively; and
(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)''.
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