[Congressional Record Volume 149, Number 158 (Tuesday, November 4, 2003)]
[House]
[Pages H10281-H10288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2003
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 2620) to authorize appropriations for fiscal years
2004 and 2005 for the Trafficking Victims Protection Act of 2000, and
for other purposes, as amended.
The Clerk read as follows:
H.R. 2620
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 among foreign 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) 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 outside the
United States. Such programs shall include providing grants
to foreign nongovernmental 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 trafficking 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 prescribed,
shall ensure that materials are developed and disseminated to
alert travelers that sex tourism (as described in subsections
(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
President 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 Representatives 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
``initiatives described in subsections (a) and (b)'' and
inserting ``initiatives and programs described in subsections
(a) through (e)''.
(b) Termination of Certain Grants, Contracts and
Cooperative Agreements.--Section 106 of such Act (as amended
by subsection (a)) is further amended by 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
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.
``(2) Assistance described.--Funds referred to in paragraph
(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 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)--
(i) by inserting ``and aliens classified as a nonimmigrant
under section 101(a)(15)(T)(ii),'' after ``United States,'';
and
(ii) by adding at the end the following new sentence: ``In
the case of nonentitlement programs funded by the Secretary
of Health
[[Page H10282]]
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 victims of trafficking.''.
(3) Certification of victims of a severe form of
trafficking 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 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:
``Sec. 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 (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
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 ``parent,''; and
(B) in paragraph (3)(B), by inserting ``siblings,'' after
``daughters,''.
(4) Exemption from public charge ground for
inadmissibility.--Section 212(d)(13) of the Immigration and
Nationality 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 trafficking 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 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)(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 persons).''.
(c) Conforming Amendments.--(1) The heading for chapter 77
of part I of title 18, United States Code, is amended to read
as follows:
``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
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 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
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;
``(F) the nature of training conducted pursuant to section
107(c)(4) during the preceding fiscal year; and
``(G) the activities undertaken by the Senior Policy
Operating Group to carry out its responsibilities under
section 105(f) of this division.''.
(2) Conforming amendment.--Section 107(b)(1) of the Victims
of Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7105(b)(1)) is amended by striking subparagraph (D).
(b) Support for the Task Force.--
(1) Amendment.--The second sentence of section 105(e) of
the Victims of Trafficking and Violence 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.--
[[Page H10283]]
``(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 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.--Each Federal department
or agency represented on the Operating Group shall fully
share all information with such Group regarding the
department or agency's plans, before and after final agency
decisions are made, on all matters relating to grants, grant
policies, and other significant actions regarding the
international trafficking 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 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 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 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
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 ``,
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. 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 determined 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
countries 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
paragraph:
``(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 Secretary of State
shall submit to the appropriate congressional committees a
list of countries that the Secretary 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 previous 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 significantly
increasing;
``(II) there is a failure to provide evidence of increasing
efforts to combat severe forms of trafficking 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 government 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 trafficking
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:
``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, as well as
relevant United States Government agencies and international
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 programs''; and
(2) in paragraph (5)(A)(i), by inserting after ``foreign
assistance'' the following: ``or funding for participation in
educational and cultural exchange programs''.
(i) Subsequent Waiver Authority.--Section 110 of the
Trafficking 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 previous determination
under subsection (d)(1).''.
[[Page H10284]]
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'';
(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 $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
Secretary 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 standards.--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 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 and the Secretary of State,
$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)''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
General Leave
Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks and include extraneous material on H.R. 2620.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, the Trafficking Victims Protection Act of 2000, Public
Law 106-386 has made an enormous positive difference in our efforts to
end modern-day slavery, a nefarious enterprise that, according to the
United Nations, nets the exploiters something in the order of $7
billion to $10 billion each year.
This modern-day slavery, this terrible practice that is in our midst,
enslaves more than 800,000 to 900,000 people according to the United
States Department of State, of which about 20,000 are brought to this
country every year to be exploited in the sex trade and in other
aspects of this modern-day slavery. That number, I would point out to
my colleagues, does not even include those who are trafficked intra-
country. For instance, in places like India where there are millions of
women who are forced into sexual slavery, they are not even counted in
this number. It is for the victim, a difference without a distinction
like the difference between a refugee and the internally displaced
person--IDP. They suffer the same misery, but they have not crossed a
geographic border. But nevertheless, the exploitation continues.
The 3-year-old landmark law with its numerous mutually-reinforcing
provisions to prevent trafficking, to protect victims, and to prosecute
to the max those who traffic, has been a model statute worldwide.
Indeed, many of its provisions have been adopted into law, in whole or
in part, by governments around the world.
Mr. Speaker, the Trafficking Victims Protection Act of 2000 does not
pull any punches. By naming the names of countries out of compliance
with what we call ``minimum standards'', and by imposing smart
sanctions that are prescribed in the Act, the withholding of
nonhumanitarian foreign aid, for example, we have signaled to the world
that ending this egregious practice is among the highest priorities of
the United States. By prosecuting traffickers and imposing serious jail
time, and I would note parenthetically that in my own State of New
Jersey, a group of traffickers were convicted under the Act and got
just over 17 years for their crimes. So the law is being implemented
around the country. There is something in the order of 79 current
Federal prosecutions that have been
[[Page H10285]]
initiated. We are telling these exploiters that we are coming after you
and you are going to have to pay for your crimes.
By protecting the victims, Mr. Speaker, and not sending them back to
their home country where they are often exploited again in a cycle of
exploitation, we say to the victims, we will try to make you safe and
secure. I would point out that nearly 400 survivors of trafficking are
already getting help here in the United States and rebuilding their
shattered lives.
For its part, Mr. Speaker, the Bush administration has aggressively
sought to implement both the spirit and the letter of the law. Our
former Congressional colleague, John Miller, is doing an exemplary job
as director of what we call the Trafficking in Persons Office. He is
living this 24-7 and has a fire in the belly to try to stop the
traffickers and provide a save haven for the women. I commend our
former colleague for his outstanding work.
President Bush himself is deeply committed to ending slavery and
recently told the U.N. General Assembly that trafficking was a
``special evil in the abuse and exploitation of the most innocent and
the most vulnerable.'' He called on the United Nations and its member
states to do more; and I am proud of the fact that President Bush has
led in both spirit, word and in deed.
Last year President Bush issued what is known as NSPD-22 which
established a zero-tolerance policy regarding the U.S. Government
employees and contractor personnel representing U.S. abroad who engage
in trafficking in persons. In other words, if you do business with the
United States, if you are one of our contractors, do not be involved in
any way, shape or form, do not be complicit in trafficking. If you do,
you are in big trouble and its going to cost you the contract.
The DOD Inspector General, Joseph Schmitz, has released phase one of
a global assessment of human trafficking as it relates to the
Department of Defense and its activity. We have found that in many of
our deployments, that many of our soldiers, sailors, Marines and airmen
were actually visiting places where women have been trafficked from
Russia and the Philippines. And this is particularly the case in South
Korea.
Thankfully, as a result of this Inspector General's report and the
action plan that followed, we are achieving the zero-tolerance policy
as it relates to our deployments, and hopefully NATO will follow suit
soon.
Notwithstanding these initial successes, Mr. Speaker, it is clear
that even more has to be done to destroy this mob-infested criminal
enterprise known as human trafficking.
The bill before the House today, the Smith-Lantos bill, enhances our
efforts. I thank the gentleman from California (Mr. Lantos) for his
leadership on this. We are working in a partnership that is really
making a difference. This legislation that is before us today tries to
update, expand, and improve our law. There have been lessons learned
since the first law was enacted 3 years ago. They are incorporated into
this legislation as we try to do a better job in mitigating the
suffering of the victims while simultaneously going after those who
traffic and the countries that harbor traffickers who are part of the
problems themselves.
Mr. Speaker, I would ask my colleagues to support this legislation.
It has a number of mutually-reenforcing provisions, just like the
original bill. But it updates current law and expands it as well. For
example, we would now require that U.S. contracts relating to
international affairs contain clauses authorizing termination by the
United States if a contractor engages in human trafficking or procures
commercial sexual services while the contract is in force.
We have found, Mr. Speaker, through hearings that have been held,
that companies like DynCorps, where we have provided money for their
overseas work in the area of policing, particularly in the Balkans,
that some of their members, some of those that we are underwriting the
cost of, are engaged in trafficking. This is unacceptable.
Unfortunately, the only things that happened to those individual
employees was they were sent home. The contract continued unabated.
This legislation will say, Department of State, DOD or any of the
others can rip up that contract if a contractor's personnel are
involved in trafficking.
We also promote innovative trafficking prevention initiatives, such
as border interdiction programs. And we urge working with private/
public partnership on trying to educate and alert travelers as to what
is going on with our sex tourism laws so that they know they will be
prosecuted. An informational campaign will follow from that.
We provide protections for trafficking victims by allowing State or
local law enforcement authorities to assist in identifying the victims
of trafficking who have cooperated in the investigation or prosecution
of trafficking crimes.
We allow trafficking victims to sue their traffickers in U.S. courts.
We eliminate the requirement that the victim of trafficking between the
ages of 15 and 18 must cooperate with the investigation and the
prosecution of his or her trafficker in order to be eligible for a T
Visa. That was an oversight in the first law. It is fixed in this
legislation.
We allow benefits and services available to victims of trafficking to
be available to their family members and that they may be legally
entitled to join them here in the United States. So we do not have the
separation and we do not have the situation where they can be exploited
back home because their daughter or their sister or their wife, who had
been trafficked, goes into a situation of protection here. They are no
longer vulnerable back home. They can come and join them as immigrants.
We also provide prosecution of trafficking-related crimes through a
number of provisions, including making human trafficking crimes
predicate offenses for RICO charges. We encourage the use of
international law enforcement academies to train foreign law
enforcement authorities, prosecutors and members of the judiciary
regarding human trafficking. We permit Federal anti-trafficking
statutes to be used to prosecute acts of trafficking involving foreign
commerce or occurring in a special maritime or territorial jurisdiction
of the United States.
Equally important in this bill we would elevate, John Miller's
position, the Director of the Trafficking in Persons Office, an
ambassador-at-large, raising his status and the ability to make changes
both in the building, as well as outside of it, in this very important
fight.
There is much more. Naturally, we authorize the money it will take to
do the job and effectively implement the new law. By and large, this
bill is a significant upgrading. This is a bipartisan bill. Again, I
want to thank the gentleman from California (Mr. Lantos) for his
leadership on this.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of this resolution. Mr.
Speaker, first I would like to congratulate my good friend, the
gentleman from New Jersey (Mr. Smith), vice chairman of the Committee
on International Relations, for his continuing dedication to the
critical issue of fighting trafficking in persons. The gentleman from
New Jersey (Mr. Smith) has brought his passionate and principled
commitment to this most important matter, and I want to congratulate
him.
I am proud to be an original cosponsor of this important
reauthorization bill, and I want to thank the chairman, the gentleman
from Illinois (Mr. Hyde), for bringing the matter to the floor today. I
also want to express publicly my appreciation to the chief democratic
council, Mr. David Abromowitz for his invaluable work in connection
with this legislation.
Mr. Speaker, in the 106th Congress, the gentleman from New Jersey
(Mr. Smith) and our former colleague, my predecessor as the ranking
member of the Committee on International Relations, Mr. Gejdenson of
Connecticut, expended enormous energy to pass the Trafficking Victims
Protection Act of 2000. At that time, the shocking truth was that
thousands of men and women were being forced to labor in fields across
the United States without pay, to work endless hours in sweatshops, and
to serve in sexual slavery in cities across this country.
{time} 1515
U.S. prosecution of traffickers faltered because attorneys in our
Department of Justice did not have the right
[[Page H10286]]
tools to pursue new forms of trafficking, which often relied on
threats, not chains, and on document fraud, not bills of sale.
Overseas, millions of people were being used as chattel, and the
brothels of Bombay and Bangkok were overflowing with prostitutes, many
of them pitifully young girls who were forced to provide sex.
Governments were barely aware of what was happening to their own
people. They usually blamed the victims instead of helping them.
Today, Mr. Speaker, the picture is visibly brighter. Empowered by the
Trafficking Victims Protection Act of 2000, the Attorney General is
prosecuting cases from all over the United States. Victims are coming
forward because of the Federal benefits we are offering to them as we
treat them like the refugees that they are.
Naming countries that are not making significant efforts to combat
trafficking and threatening them with sanctions are forcing measurable
changes in the way that governments around the globe are facing this
modern-day form of slavery. This vicious practice is under assault from
all directions.
But, Mr. Speaker, trafficking in human beings remains a significant
problem. In Brazil, for instance, an estimated 40,000 men, women, and
children are forced to toil in large estates to clear land, mine for
precious minerals, and produce charcoal and rubber. The abhorrent
conditions in which they work amount to slavery in the 21st century in
our own hemisphere.
Although the recently installed administration of President Lula has
done much to free many of these trapped laborers, resource constraints,
political unwillingness to seek legislative changes and a powerful
group of large estate owners impede additional efforts.
Mr. Speaker, we clearly need to do more. In the 2\1/2\ years since
the enactment of the trafficking legislation, we have learned much more
about the phenomenon of trafficking and how to combat it. The
legislation before us today, the Trafficking Victims Reauthorization
Act of 2003, implements these new lessons. For example, our bill
authorizes new strategies for prevention, including using trafficking
victims to identify traffickers at the borders and deterring sex
tourism, which is part of the fuel of sex slavery around the globe.
It increases protection by making measured expansions of the visa
category for trafficking victims. It improves cooperation with respect
to State and local trafficking prosecutions, which are increasingly in
the front line of law enforcement in this area. It enhances prosecution
of traffickers by ensuring that trafficking is treated like the
organized crime that it is. It coordinates more effectively Federal
efforts by ensuring a comprehensive report on our efforts and by
establishing an interagency group to ensure compliance.
I believe the administration in this regard should consider using the
expertise developed in the interagency group to review all U.S.
assistance programs that affect trafficking victims, including public
health programs such as HIV/AIDS that target trafficking victims.
Mr. Speaker, before concluding, I want to commend the President for
expressing his commitment to combat trafficking human beings in his
speech before the General Assembly of the United Nations this past
September. I welcome the President joining our fight against human
rights abuses, both in the area of sex trafficking and forced labor.
Indeed, our bill demonstrates a continuing congressional commitment
to fighting this outrage by authorizing additional funds for U.S.
agencies to combat this human rights crisis around the globe.
Finally, Mr. Speaker, the original legislation, we must all remember,
was one of the singular achievements of our late colleague from
Minnesota, Senator Paul Wellstone. Adopting this legislation is a
fitting tribute to his memory.
I urge all of my colleagues to support H.R. 2620.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the gentleman from Virginia (Mr. Wolf), my good friend and
colleague, who has been a champion on behalf of human rights in general
but particularly on this issue of trafficking. His bill, the Commerce,
Justice and State appropriations bill, contains many of the provisions
that need to be implemented. And not only has he faithfully implemented
those; he has provided additional funding and resources for that. So I
want to thank him for his leadership.
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. Mr. Speaker, I thank the chairman for yielding me the time.
Mr. Speaker, I rise in strong support of H.R. 2620, the Trafficking
Victims Protection Reauthorization Act of 2003. I want to particularly
commend the gentleman from New Jersey (Mr. Smith) for his leadership in
Congress and around the world on combatting trafficking but also on all
of these issues. Whenever we see the House is ready to take up an issue
like trafficking or to help the exploited, whether it be women or
children, the gentleman from New Jersey (Mr. Smith) will always be
here; the gentleman from California (Mr. Lantos) will always be there;
the gentleman from Illinois' (Mr. Hyde) name will always be on the
bill. So I just want to particularly thank the gentleman from New
Jersey (Mr. Smith) today and the gentleman from California (Mr. Lantos)
for their efforts with regard to this issue.
I also want to thank the gentleman from Illinois (Mr. Hyde) for his
work in moving this legislation. All of them, the gentleman from New
Jersey (Mr. Smith), the gentleman from California (Mr. Lantos), and the
gentleman from Illinois (Mr. Hyde), have shown great leadership and
vision and commitment in human rights on all of these issues.
I also want to particularly commend the Office of Trafficking at the
State Department. It has done a good job under the leadership of our
former colleague, John Miller. John Miller was a great Member of
Congress. He represented the Seattle area and used to vote against
giving MFN to the barbarians in China because they were persecuting
Catholics, Protestants, Muslims, Tibetans, the Dalai Lama's people
there. Yet John Miller used to get up and always oppose granting MFN
and Seattle was ground zero with regard to Boeing.
John has done an outstanding job. The State Department produces an
annual report that is improved each year on the status of trafficking
in every country, and John has played a key, key role.
I heard the gentleman from California (Mr. Lantos) mention it as I
was walking in. I want to commend the President of the United States,
President George Bush. I was pleasantly surprised, not surprised but
pleased, to see the statement that the President made when he addressed
the U.N., and he said there is a special evil in the abuse and
exploitation of the most innocent and vulnerable. He went on to say we
must show new energy in fighting back an old evil, and that is what the
bill that the gentleman from New Jersey (Mr. Smith) and the gentleman
from California (Mr. Lantos) are handling today; and he said nearly two
centuries after the abolition of the transatlantic slave trade, more
than a century after slavery was initially ended in its last
stronghold, to trade in human beings for any purpose must not be
allowed to thrive in our time. The President was right, and I want to
commend and we should commend the President for providing the
leadership and putting John Miller where he is and working with the
gentleman from New Jersey (Mr. Smith) and the gentleman from California
(Mr. Lantos) and the gentleman from Illinois (Mr. Hyde) to take care of
this problem.
Also, I would urge at the end we remember in our own city, there are
several hundred thousand young women who are sexually trafficked here
in the United States. As we tell countries abroad, put pressure on
them, we have to make sure we do everything. So modeling what the
gentleman from New Jersey (Mr. Smith) and the gentleman from California
(Mr. Lantos) and the gentleman from Illinois (Mr. Hyde) did, we are
going to try to have a national conference next year dealing with the
issue in our own country so that we can eliminate this, not just reduce
it, but eliminate it.
[[Page H10287]]
So in closing, I urge all Members to support this and want to again
thank the gentleman from New Jersey (Mr. Smith), the gentleman from
California (Mr. Lantos), and the gentleman from Illinois (Mr. Hyde)
because those three each and every time have been down here defending
the weak, the vulnerable in our society.
Mr. LANTOS. Mr. Speaker, first I want to thank my good friend from
Virginia for his most gracious words.
Mr. Speaker, I am delighted to yield as much time as she might
consume to my distinguished colleague and dear friend, the gentlewoman
from California (Ambassador Watson).
Ms. WATSON. Mr. Speaker, I thank my colleague, the gentleman from
California (Mr. Lantos), for his thorough commitment to the right
causes, and I thank the gentleman from New Jersey (Mr. Smith) for being
on the point.
According to the latest U.S. Government estimates, some 800,000 to
900,000 people worldwide are trafficked across borders each year for
forced labor or sexual exploitation. Although men are also victimized,
the overwhelming majority of those trafficked are women and children.
In addition, trafficking in people for prostitution, domestic
servitude, and forced labor is an increasing area of international
criminal activity.
The reasons for the increase in trafficking are many. In general, the
criminal business feeds on poverty, despair, war, crisis, and
ignorance. Trafficking is considered one of the largest sources of
profits for organized crime, generating 7 to $10 billion annually,
according to United Nations estimates.
The largest number of victims are annually trafficked from Asia and
the Pacific region, according to the U.S. Department of State. The
growth of sexual tourism in this region is one of the main contributing
factors.
Mr. Speaker, as my colleagues know, Congress passed the Victims of
Trafficking and Violence Protection Act of 2000, which strengthened
many provisions of law dealing with trafficking in persons for sexual
and other exploitation. The Trafficking Victims Protection
Reauthorization Act of 2003 is critical to maintaining the progress
already achieved.
H.R. 2620 authorizes new strategies for prevention, including using
trafficking victims to identify traffickers at the borders and to deter
sex tourism. It increases protection by making measured expansions of
the visa category for trafficking victims. It also improves cooperation
with respect to State and local trafficking prosecutions, which are
increasingly the front line of law enforcement in this area. This
legislation will also enhance the prosecution of traffickers by
ensuring that trafficking is treated like the organized crime that it
is.
Mr. Speaker, we should also be very concerned about human trafficking
and human rights that are violated right here in this country. H.R.
2620 coordinates Federal efforts by ensuring a comprehensive report on
United States antitrafficking actions and by establishing an
interagency group to ensure compliance.
I urge my colleagues to support this most-needed legislation, and I
thank those who are sponsoring this piece of legislation.
Mr. SMITH of New Jersey. Mr. Speaker, I just have a few closing
comments. We have no further speakers, so I reserve the balance of our
time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
Before closing, I would first like to recognize my friend and
colleague from New York (Ms. Slaughter) for her leadership on this
issue for many years and for her commitment to this most important
cause.
I would like to yield for a colloquy with the distinguished vice
chairman of our committee and the principal sponsor of this
legislation.
{time} 1530
Mr. Speaker, as the gentleman from New Jersey (Mr. Smith) knows, as
in other bills, there are provisions in this legislation that represent
a compromise and do not go as far as either side would like. In this
case, Mr. Speaker, there is a provision that prohibits providing funds
to any organization that promotes, supports, or advocates the
legalization of the practice of prostitution. Some have raised concerns
regarding this provision since the committee has reported this bill,
and I think that this provision needs some clarification.
When this provision was drafted, it was my understanding that an
organization can satisfy this requirement if it states in a grant
application or in a grant agreement or both that it does not promote,
support, or advocate such action since it has no policy regarding this
issue. Just to be clear on this point, I yield to the gentleman from
New Jersey (Mr. Smith) to confirm that this is his understanding of the
statute.
Mr. SMITH of New Jersey. Mr. Speaker, will the gentleman yield?
Mr. LANTOS. I yield to the gentleman from New Jersey.
Mr. SMITH of New Jersey. Mr. Speaker, I agree with the interpretation
of the gentleman from California (Mr. Lantos). It was also my
understanding that an organization can satisfy the prohibition that the
gentleman has referred to if it states in a grant application, a grant
agreement, or both that it does not promote, support, or advocate such
actions since it has no policy regarding this issue.
Mr. LANTOS. Mr. Speaker, I thank the gentleman from New Jersey (Mr.
Smith). On that basis, I would say this is a good bipartisan bill, and
I strongly urge all of my colleagues to support it.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, again, I thank the gentleman from California (Mr.
Lantos), and say a very special thanks to the gentleman from Illinois
(Chairman Hyde), who has been a stalwart in promoting this legislation.
When the gentleman from Illinois was chairman of the Committee on the
Judiciary, 3 years ago, we ran into a serious barrier to provisions
which referred to the Committee on the Judiciary. Mr. Hyde and Charles
Kennedy, our former colleague, were indispensable in making sure that
the legislation was not bottlenecked in that committee, and sure
enough, a compromise was worked out, and the bill was released out of
the Committee on the Judiciary.
I also thank the gentleman from Wisconsin (Mr. Sensenbrenner) for his
leadership on this issue as well. And majority leader Tom Delay for
supporting the bill and getting it to the floor. I also thank Renee
Austell and Walker Roberts for their work from the Committee on
International Relations, Dorothy Taft who is our chief of staff for the
Commission on Security Cooperation in Europe, Maureen Walsh, who is
also from the commission, who has worked on this, George Phillips, Dina
Funderburk who works in the office of the gentleman from Texas (Mr.
DeLay), David Abramowitz, a good friend on the Democratic side who has
worked so well with us, and I specially want to thank Joseph Rees, who
is now our U.S. Ambassador to East Timor. He worked night and day on
the original trafficking law and other pieces of legislation when he
was staff director of the Subcommittee on International Operations and
Human Rights. Joseph used to be the general counsel for the INS. He
knew those issues intimately and was indispensable in getting the
original trafficking legislation passed. It took almost 2 years to
craft that legislation. It ran into a myriad of obstacles. It was
referred to four full committees, 11 subcommittees. A number of
barriers had to be overcome, and Joseph did a great job, and I thank
him for that.
I also remind my colleagues, and I did not go through all of the
provisions, but there is so much in this bill. Just recently, the
President determined which countries were Tier III, egregious violators
which were not making serious and sustained efforts to get off the
list, thereby subjecting themselves to a number of sanctions that will
be imposed. There are a number of countries that are Tier II. In other
words, they have a very serious problem with human trafficking, but
they have taken efforts to get off the list. They have passed laws,
issued decrees, prosecuted traffickers, and protected victims, but we
are concerned, that there could be some erosion or backsliding so they
will be watched.
I believe under John Miller's leadership and, of course, with the
strong oversight capabilities of the Congress, we will keep pressure on
those countries. We create in this bill a new
[[Page H10288]]
watch list to try to prevent that kind of slippage from occurring. Yes,
the sword of Damocles has been removed, for the time being, from these
countries, and there were some 15 that were on Tier III that were at
risk of losing significant benefits from the United States Government,
many of which got off that through a flurry of activity. But I want
them to know, and I say this in bipartisan way, we will be watching. If
there is any backsliding, if they do not continue the work to mitigate,
and hopefully end, this horrific practice of human slavery, they will
lose those benefits. We will take our case everywhere, including the
World Bank, international multilateral lending institutions, and they
will lose their support if they do not end this complicity in human
trafficking. So the watch list is a very important inclusion in this
statute or soon-to-be statute. I just want to bring Members' attention
to it.
Mr. Speaker, this is a good bill, a bipartisan bill, and I hope
Members will support it.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Hefley). The question is on the motion
offered by the gentleman from New Jersey (Mr. Smith) that the House
suspend the rules and pass the bill, H.R. 2620, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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