[House Report 108-264]
[From the U.S. Government Publishing Office]





108th Congress                                            Rept. 108-264
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
       TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2003

                                _______
                                

               September 5, 2003.--Ordered to be printed

                                _______
                                

Mr. Hyde, from the Committee on International Relations, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2620]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on International Relations, to whom was 
referred 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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     8
Background and Need for the Legislation..........................     9
Committee Consideration..........................................    10
Votes of the Committee...........................................    10
Committee Oversight Findings.....................................    10
New Budget Authority and Tax Expenditures........................    10
Congressional Budget Office Cost Estimate........................    10
Performance Goals and Objectives.................................    14
Constitutional Authority Statement...............................    14
Preemption Clarification.........................................    15
Section-by-Section Analysis......................................    15
New Advisory Committees..........................................    23
Congressional Accountability Act.................................    23
Federal Mandates.................................................    23
Changes in Existing Law Made by the Bill, as Reported............    23


                             The Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 foreign 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 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, as well as, to the 
extent appropriate, monitoring 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 (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(b-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)''.
    (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.--
                    ``(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).''.

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;
                    ``(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.--
            ``(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.--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 
                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)--
                    (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, 
                $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)''.

                          Purpose and Summary

    The purpose of H.R. 2620, the Trafficking Victims 
Protection Reauthorization Act of 2003, is to amend and 
reauthorize appropriations for fiscal years 2004 and 2005 for 
the Trafficking Victims Protection Act of 2000 (TVPA), P.L. 
106-386.
    In the 3 years since enactment of the TVPA the United 
States Government has developed a better understanding of the 
phenomena of trafficking in persons and the Committee has been 
able to evaluate U.S. experience under the act and identify 
areas for improvements and modifications to the act. Based on 
this experience, H.R. 2620 strengthens the U.S. Government's 
ability to combat the worldwide scourge of trafficking in 
persons by enhancing provisions on prevention of trafficking, 
protection of victims of trafficking, and prosecution of 
traffickers.
    H.R. 2620 includes new initiatives and modifications to 
current law with respect to the following items: establishing 
border interdiction programs, international media programs, and 
travel initiatives; and authority to terminate U.S. Government 
funding to private entities that engage in various human 
trafficking related activities (Sec. 3); assistance to family 
members of trafficked victims, slight modifications to the 
eligibility for a ``T'' visa established by the TVPA, and a 
private right of action in Federal courts for trafficking 
victims (Sec. 4); clarification of jurisdiction in human 
trafficking cases, and classification of human trafficking-
related offenses as actionable under Federal racketeering 
statutes (Sec. 5); establishing a comprehensive reporting 
requirement for the Interagency Task Force to Monitor and 
Combat Trafficking regarding implementation of Federal 
trafficking in persons programs and initiatives, elevating the 
Director of the Office to Monitor and Combat Trafficking to the 
rank of Ambassador-at-Large, establishing a Senior Policy 
Operating Group to assist the Task Force in coordinating 
activities of Federal departments and agencies involved in 
trafficking in persons programs and initiatives, clarifying the 
minimum standards for the elimination of trafficking by adding 
that evidence of convictions and sentencing for acts of 
trafficking be considered when evaluating a country's efforts 
to eliminate trafficking, shifting the burden of proof to 
countries to provide data on arrests, prosecutions, 
convictions, and sentencing, and requiring specialized research 
in the area of human trafficking (Sec. 6); authorizing 
appropriations for each of fiscal years 2004 and 2005, and 
creating prohibitions on the use of funds to promote, support, 
or advocate the legalization or practice of prostitution, as 
well as to require an organization receiving funds to indicate 
that the organization does not promote, support, or advocate 
the legalization or practice of prostitution (Sec. 7).

                Background and Need for the Legislation

    The Trafficking Victims Protection Act was enacted in 
October 2000 to combat trafficking in persons, ensure the 
prosecution of traffickers of children, women and men, and to 
protect the victims of trafficking. The TVPA was amended and 
funding was reauthorized in the Foreign Relations Authorization 
Act, Fiscal Year 2003, P.L. 107-228.
    On June 26, 2003, Representatives Christopher Smith, Tom 
Lantos, Joseph Pitts and Louise McIntosh Slaughter introduced 
H.R. 2620, the Trafficking Victims Protection Reauthorizaton 
Act of 2003. The new legislation is based on 3 years of 
experience in implementing the TVPA and a review of the 
effectiveness of the measures in the TVPA. H.R. 2620 also draws 
from the international conference on Pathbreaking Strategies in 
the Global Fight Against Sex Trafficking, convened by the U.S. 
Department of State on February 23-26, 2003. The bill 
strengthens U.S. Government efforts to combat trafficking in 
persons through enhanced provisions on the prevention of 
trafficking in persons, prosecution of traffickers, and 
protection of trafficked victims.
    On June 25, 2003, the Subcommittee on International 
Terrorism, Nonproliferation and Human Rights held a hearing on 
``Global Trends in Trafficking and the Trafficking in Persons 
Report.'' Testimony was received from the following witnesses: 
Mr. John Miller, Senior Advisor to the Secretary and Director 
of the Office to Monitor and Combat Trafficking in Persons at 
the U.S. Department of State; Rev. Lauran Bethell, 
International Baptist Theological Seminary of the European 
Baptist Federation; Ms. Holly Burkhalter, U.S. Policy Director 
of Physicians for Human Rights; Mr. Gary A. Haugen, President, 
CEO and Founder of the International Justice Mission; Dr. 
Mohamed Y. Mattar, Co-Director of the Protection Project at 
Johns Hopkins University School of Advanced International 
Studies; Ms. Nancy Murphy, Executive Director of the Northwest 
Family Life Center; and Dr. Louise I. Shelley, Director of the 
Transnational Crime and Corruption Center at American 
University.
    The Committee notes that much of the public attention on 
the issue of trafficking in persons focuses on sex trafficking, 
and indeed many of the most dramatic and horrifying accounts 
come from women and children forced into the sex trade. 
However, the Trafficking Victims Protection Act of 2000 
addressed both sex slavery and forced labor and, as reflected 
in several prosecutions pursued by the Department of Justice 
since enactment of the act, individuals subject to forced labor 
also face terrible human rights abuses. The Committee remains 
seized of all severe forms of trafficking in persons, as defined 
in the act.

                        Committee Consideration

    The Committee on International Relations marked up the bill 
in open session, pursuant to notice, on July 23, 2003. The 
Committee ordered favorably reported the bill H.R. 2620 with an 
amendment in the nature of a substitute by voice vote, a quorum 
being present.

                         Votes of the Committee

    No recorded votes were taken during the consideration of 
H.R. 2620.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2620, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 13, 2003.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2620, the 
Trafficking Victims Protection Reauthorization Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Sunita 
D'Monte (for federal costs), who can be reached at 226-2840, 
and Paige Piper/Bach (for the private-sector impact), who can 
be reached at 226-2940.
            Sincerely,
                                       Douglas Holtz-Eakin.
Enclosure

cc:
        Honorable Tom Lantos,
        Ranking Member.

H.R. 2620--Trafficking Victims Protection Reauthorization Act of 2003.

                                SUMMARY

    H.R. 2620 would reauthorize several programs within the 
Departments of State, Labor, Justice, and Health and Human 
Services, and within other agencies that combat trafficking in 
persons. It would expand the current federal prohibitions 
against such trafficking and would make more victims of 
trafficking and their relatives eligible to enter and remain in 
the United States.
    The bill would authorize appropriations of almost $106 
million a year in 2004 and 2005. CBO estimates that 
implementing the bill would cost $197 million over the 2004-
2008 period, assuming appropriation of the authorized amounts. 
The bill also contains provisions that would affect direct 
spending and revenues, but CBO estimates these provisions would 
not have a significant effect.
    H.R. 2620 would impose a private-sector mandate, as defined 
in the Unfunded Mandates Reform Act (UMRA) on airlines 
organized under the laws of the United States and other 
airlines that operate in the United States. CBO expects that 
the direct costs of the mandate would fall well below the 
annual threshold established by UMRA ($117 million in 2003, 
adjusted annually for inflation). H.R. 2620 contains no 
intergovernmental mandates as defined in UMRA and would impose 
no significant costs on state, local, or tribal governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 2620 is shown in the 
following table. The costs of this legislation fall within 
budget functions 150 (international affairs), 500 (education, 
employment, training, and social services), 550 (health), 600 
(income security), and 750 (administration of justice).

                                     By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Overseas Assistance                                                       61       61        0        0        0
  Authorization Level
  Estimated Outlays                                                        8       32       37       21       10

Department of Health and Human Services                                   15       15        0        0        0
  Authorization Level
  Estimated Outlays                                                        5       10        8        4        2

Department of Justice                                                     15       15        0        0        0
  Authorization Level
  Estimated Outlays                                                        4       10       11        5        0

Department of Labor                                                       10       10        0        0        0
  Authorization Level
  Estimated Outlays                                                        *        4        9        6        1

Department of State                                                        5        5        0        0        0
  Authorization Level
  Estimated Outlays                                                        4        5        1        *        *

Total                                                                    106      106        0        0        0
  Authorization Level
  Estimated Outlays                                                       21       61       66       36       13
----------------------------------------------------------------------------------------------------------------
NOTE: * = less than $500,000.

\1\ In addition to effects on spending subject to appropriation, CBO estimates enacting H.R. 2620 would have an
  insignificant effect on direct spending and receipts.

Spending Subject to Appropriation
    The bill would authorize appropriations of about $106 
million a year in 2004 and 2005 for various programs to combat 
trafficking in persons. This compares to less than $60 million 
in funding for similar programs in 2003, not counting spending 
by the Department of Labor that may benefit individual victims 
of trafficking under more general authority. Assuming that H.R. 
2620 will be enacted late in fiscal year 2003, that the amounts 
authorized are appropriated near the start of each fiscal year, 
and that outlays follow historical spending patterns, CBO 
estimates that implementing the bill would cost $21 million in 
2004 and $197 million over the 2004-2008 period.
    Overseas Assistance. The bill would authorize 
appropriations in 2004 and 2005 of $30 million a year to the 
Secretary of State and $30 million a year to the President for 
programs to prevent trafficking in persons, to protect victims 
of trafficking, and to assist foreign states in meeting minimum 
standards for the elimination of trafficking. In addition, the 
bill would authorize $0.3 million a year in 2004 and 2005 for 
voluntary contributions to international organizations to 
prevent such trafficking and assist in related legal reform, 
$0.25 million a year in 2004 and 2005 for training at the 
International Law Enforcement Academies, and $0.3 million a 
year in 2004 and 2005 for research on domestic and 
international trafficking in persons. CBO estimates that 
implementing these provisions would cost $8 million in 2004 and 
$108 million over the 2004-2008 period.
    Department of Health and Human Services. The bill also 
would authorize appropriations of $15 million in 2004 and 2005 
for refugee assistance to trafficking victims. Under current 
law, the department plans to spend $10 million for these activities 
in 2003. Assuming appropriation of the authorized amounts and that 
spending from the authorized amounts would be similar to the 
larger refugee assistance programs administered by the 
department, CBO estimates that this assistance would cost $5 
million in 2004 and $29 million over the 2004-2008 period.
    Department of Justice. Section 7 would authorize 
appropriations of $15 million a year in 2004 and 2005 for the 
Attorney General to provide assistance to victims of 
trafficking living in the United States. CBO estimates that 
implementing this section would cost $30 million over the 2004-
2008 period, assuming appropriation of the authorized amounts.
    Department of Labor. H.R. 2620 would authorize 
appropriations of $10 million in 2004 and 2005 for services to 
trafficking victims. Services for these refugees are currently 
provided through the Employment and Training Administration, 
and CBO assumes that spending from the authorized amounts would 
be similar to those employment and training programs. Assuming 
appropriation of the authorized amounts, CBO estimates that 
providing these services would cost $500,000 in 2004 and $20 
million over the 2004-2008 period.
    Department of State. Section 7 would authorize 
appropriations of $5 million each year in 2004 and 2005 to the 
State Department for the expenses of monitoring, combating, and 
reporting on trafficking in persons. Assuming appropriation of 
the authorized amounts, CBO estimates that implementing this 
section would cost $10 million over the 2004-2008 period.
Direct Spending and Revenues
    Enacting H.R. 2620 also could affect direct spending and 
revenues; but CBO estimates that any such changes would not be 
significant.
    Medicaid and Other Entitlement Benefits. Certifications 
under the Trafficking Victims Protection Act have averaged 
fewer than 15 individuals a month since the program began early 
in fiscal year 2001. Only a minority of persons certified in 
2001 applied for benefits in that year--the only year for which 
these data are available--and fewer still actually received 
Medicaid, Food Stamps, or other entitlement benefits. Although 
the provisions in H.R. 2620 could increase the number of 
individuals applying for and becoming entitled to certain 
federal public benefits, CBO expects the changes would result 
in few new beneficiaries for these benefits. Thus, CBO 
estimates that under H.R. 2620 any increase in direct spending 
for these benefit programs would not be significant.
    Immigration Status for Certain Victims. The bill would make 
it easier for more victims of trafficking and their relatives 
to enter and remain in the United States. Costs to the Bureau 
of Citizenship and Immigration Services for adjudicating such 
cases would be funded from fees collected by the agency. CBO 
estimates that any such costs would not be significant because 
of the relatively small number of trafficking victims likely to 
be involved.
    Civil and Criminal Fines. The bill would expand the current 
federal crimes relating to trafficking in persons. Because 
those prosecuted and convicted under the bill could be subject 
to civil and criminal fines, the government might collect 
additional fines if the bill is enacted. Collections of civil 
fines are recorded in the budget as governmental receipts 
(revenues) and are deposited in 
the general fund. Collections of criminal fines are recorded as 
receipts and are deposited in the Crime Victims Fund and later 
spent. CBO expects that any additional receipts and direct 
spending would not be significant.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 2620 contains no intergovernmental mandates as defined 
in UMRA and would impose no significant costs on state, local, 
or tribal governments.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    H.R. 2620 would impose a new private-sector mandate, as 
defined in UMRA, on airlines organized under the laws of the 
United States and other airlines that operate in the United 
States. The bill would require such airlines to develop and 
disseminate materials alerting travelers that sex tourism, as 
defined in the bill, is illegal, will be prosecuted, and 
presents dangers to those involved. Based on information from 
industry and government sources, CBO expects that the direct 
costs of the mandate would fall well below the annual threshold 
established by UMRA ($117 million in 2003, adjusted annually 
for inflation).

                         ESTIMATE PREPARED BY:

Federal Costs: Department of State--Sunita D'Monte (226-2840); 
        Overseas Assistance--Joseph C. Whitehill (226-2840); 
        Immigration and Department of Justice--Mark Grabowicz 
        (226-2860); Medicaid--Eric Rollins (226-9010); Other 
        Programs--Paul R. Cullinan (226-2820); Impact on State, 
        Local, and Tribal Governments: Melissa Merrell (225-
        3220); Impact on the Private Sector: Paige Piper/Bach 
        (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    H. R. 2620 will strengthen U.S. Government efforts to 
combat trafficking in persons through enhanced provisions on 
the prevention of trafficking in persons, prosecution of 
traffickers, and protection of trafficked victims. It will 
increase the provision of public benefits, lead to a more fair 
approach to visa adjudication of the ``T'' visa category, and 
will create the possibility of organized crime prosecutions 
being brought against traffickers.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any committee on a bill or joint 
resolution to include a committee statement on the extent to 
which the bill or joint resolution is intended to preempt State 
or local law. The Committee states that H.R. 2620 is not 
intended to preempt any State or local law.

               Section-by-Section Analysis and Discussion

Section 1. Short Title
    This section states that this act may be cited as the 
``Trafficking Victims Protection Reauthorizaton Act of 2003.''
Section 2. Findings
    This section states the Congress' findings that trafficking 
in persons continues to victimize countless men, women, and 
children in the United States and abroad. 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. Nonetheless, 
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. 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. Corruption among foreign law 
enforcement authorities continues to undermine the efforts by 
governments to investigate, prosecute, and convict traffickers 
and the 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.
Section 3. Enhancing Prevention of Trafficking in Persons
    This section amends section 106 of the Trafficking Victims 
Protection Act of 2000 by requiring the President to undertake 
specific initiatives to enhance the prevention of trafficking 
in persons.
    Subsection (a) requires the President to initiate a new 
foreign assistance program in the form of border interdiction 
programs at key border crossings between foreign countries 
through grants to nongovernmental organizations. Such programs 
should provide transit shelters at borders and should include 
training survivors of trafficking 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. In addition, under appropriate circumstances, such 
programs should provide for survivors of trafficking to monitor 
the implementation of border interdiction programs, including 
helping officials with the identification of trafficking 
victims. Any program established under this subsection must 
provide the opportunity for any trafficking victim who is freed 
to return to his or her previous residence if the victim so 
chooses. Trafficking can be made more difficult by blocking key 
border crossings and establishing a program whereby victims educate 
and train and, where appropriate, work with local law 
enforcement to identify traffickers and their victims.
    Subsection (a) also requires the President to 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. Explicit 
mention of the public as potential audiences for anti-
trafficking awareness-raising efforts in countries of 
destination for trafficked persons is intended to signal the 
need for trafficking awareness-raising programs that target the 
demand-side of the trafficking equation. Programs created under 
this section should also foster linkages between individuals 
working in the media in different countries.
    Subsection (a) also seeks to discourage U.S. citizens and 
others in the United States from creating a demand for 
trafficking through sex tourism. This section charges the 
President to 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 by 18 U.S.C. section 2423 (b-e), 
is illegal, will be prosecuted, and presents dangers to those 
involved. By giving the President the authority to promulgate 
regulations the Committee intends for the President to have 
flexibility to apply this requirement to particular flights and 
routes implicated as destinations for sex tourism. The 
provision also encourages affected airlines to work with 
nongovernmental organizations in developing materials for this 
purpose, such as brochures, public service announcements, and 
billboards.
    Subsection (b) addresses the complicity of U.S. Government 
contractors with trafficking-in-persons offenses. During an 
April 2002 hearing, the Committee heard testimony describing 
the involvement by some employees or agents of DynCorp 
International--a recipient of a U.S. Government contract for 
police work in Bosnia-Herzegovina--in prostitution, human 
trafficking, and sexual misconduct and of DynCorp's retaliation 
against those who endeavored to bring such misconduct to light. 
The Committee intends for the Department of State and all other 
relevant government agencies to take necessary action to 
control the activities of such contractors who are essentially 
serving as representatives of the United States and often are 
perceived as such. It is the view of the Committee that 
contractors, their employees and agents, must be held 
accountable to a code of conduct with associated consequences 
for unethical or improper personal conduct while under U.S. 
Government contracts. This need is made all the more essential 
when such contractors are operating in areas where they are 
unlikely to be held accountable under local laws. H.R. 2620 
ensures that trafficking will be a matter of discussion between 
U.S. Government agencies and private entities, such as DynCorp, 
which receive U.S. Government-funded grants, contracts, or 
cooperative agreements related to international affairs. This 
section requires that grants, contracts or cooperative 
agreements must contain a clause allowing the U.S. Government 
to terminate the grant, contract or cooperative agreement if 
the grantee, subgrantee, contractor or subcontractor (a) engages 
in severe forms of trafficking in persons or procures a 
commercial sex act while the grant, contract, or cooperative 
agreement is in effect, or (b) uses forced labor in the 
performance of the grant, contract, or cooperative agreement.
Section 4. Enhancing Protection for Trafficking Victims
    Subsection (a) amends the Trafficking Victims Protection 
Act of 2000 to provide additional provisions for the protection 
of trafficking victims.
    Subsection (a)(1) amends section 107(a)(1) of the TVPA, as 
previously amended by the Foreign Relations Authorization Act 
for Fiscal Year 2003, P.L. 107-228, by suggesting that U.S. 
Government-sponsored initiatives for the protection and 
assistance of victims of trafficking in other countries should 
include efforts to promote contact between foreign government 
agencies and nongovernmental organizations in order to improve 
public-private cooperation in foreign countries on issues of 
trafficking victim assistance.
    Subsection (a)(2) amends section 107(b)(1), to authorize 
that the same benefits and services available to a trafficking 
victim under that section should also be made available to such 
family members of the victim as may be admitted to the United 
States under the derivative ``T'' visa categories. The TVPA 
states that benefits and services should be available to 
victims of trafficking to the same extent as refugees. However, 
unlike the treatment of refugees, the express language of the 
TVPA provides only for the provision of benefits and services 
to the trafficking victim and not to derivative family members 
who join the trafficking victim in the United States pursuant 
to section 101(a)(15)(T)(ii) of the Immigration and Nationality 
Act. Such family members may be hindered in finding employment 
in the United States due to their inability to speak English or 
a lack of job skills appropriate to the U.S. labor market. In 
order to support their integration into U.S. society, it is the 
Committee's intention that such family members should be 
provided with public benefits and services to the same extent 
as aliens admitted as refugees under sections 207 and 208 of 
the Immigration and Nationality Act.
    Subsection (a)(3) amends section 107(b)(1)(E)(i)(I) of the 
TVPA to clarify that in determining the eligibility of victims 
of trafficking to receive benefits and services afforded to 
them under the TVPA, the Secretary of Health and Human Services 
shall consider a trafficking victim's willingness to assist 
with any Federal, State or local law enforcement investigation 
or prosecution of severe forms of trafficking in persons. Many 
trafficking-related crimes are pursued at the State and local 
levels through the prosecution of such crimes as kidnaping, 
rape, slavery, or other forced labor offenses, rather than at 
the Federal level, through no fault of the victim of 
trafficking. This section is intended to eliminate a barrier by 
which victims of trafficking may be prevented from receiving 
assistance from the Department of Health and Human Services 
(HHS) because HHS has only considered a victim's willingness to 
assist with a Federal law enforcement agency's investigation or 
prosecution of a trafficking crime. Moreover, where Federal, 
State or local law enforcement authorities come into contact 
with a trafficking victim, but decide not to proceed with a 
formal investigation or prosecution even though the victim is 
willing to assist in every reasonable way in the investigation 
or prosecution, the Committee intends that 
the victim should be eligible to receive benefits and services 
if all other requirements set forth in section 107(b)(1)(E) of 
the TVPA are also satisfied.
    Subsection (a)(4) provides trafficking victims a civil 
right of action in Federal courts for violations of 18 U.S.C. 
section1589 (forced labor), 1590 (trafficking with respect to 
peonage, slavery, involuntary servitude, or forced labor), or 
1591 (sex trafficking of children or by force, fraud, or 
coercion).
    Subsection (b) makes amendments to the provisions of the 
Immigration and Nationality Act (INA) relating to victims of 
severe forms of trafficking in persons.
    In regulations issued to implement 8 U.S.C. section 
1101(a)(15)(T)(i), created by the TVPA, the Immigration and 
Naturalization Service interpreted the statutory language to 
mean that only Federal law enforcement agencies investigating 
or prosecuting acts of trafficking are empowered to issue a law 
enforcement agency endorsement that a victim of trafficking 
``has complied with any reasonable request for assistance in 
the investigation or prosecution of acts of trafficking.'' 
Compliance with such requests for assistance is a requirement 
for a victim of a severe form of trafficking who has attained 
15 years of age to be considered eligible for a ``T'' visa. 
Currently, the linchpin of the ``T'' visa is a law enforcement 
agency's interest in investigating and prosecuting a particular 
case of trafficking and issuing such a law enforcement agency 
endorsement. There are, however, instances in which Federal law 
enforcement agents do not investigate or prosecute a particular 
case, regardless of the merits of the case, and such cases can, 
and are, investigated and, as appropriate, prosecuted by State 
or local law enforcement agencies under State anti-trafficking 
laws or other laws.
    Subsection (b)(1) amends 8 U.S.C. section 1101(a)(15)(T)(i) 
to state explicitly that a victim of trafficking can satisfy 
the criteria to assist in the investigation or prosecution of 
acts of trafficking if such victim complies with any reasonable 
request for assistance from any Federal, State or local law 
enforcement agency in the investigation or prosecution of acts 
of trafficking. It is the Committee's intention to make clear 
that evidence from a Federal, State or local law enforcement 
agency shall be sufficient to satisfy the provision that a 
victim of trafficking comply with any reasonable request for 
assistance in the investigation or prosecution of acts of 
trafficking. The Committee stresses that the ``T'' visa is 
intended to serve as a tool for assisting law enforcement 
authorities, but also as a humanitarian tool for victims of 
trafficking and that every effort should be made to enable a 
victim of trafficking to benefit from the ``T'' visa provision 
when such victim has in good faith cooperated with the 
investigation and prosecution of acts of trafficking. Indeed, 
where Federal, State or local law enforcement authorities come 
into contact with a trafficking victim, but decide not to 
proceed with a formal investigation or prosecution, the 
Committee believes that if the victim is ready to comply with a 
reasonable request for assistance, a law enforcement agency 
endorsement should be made available to facilitate the victim's 
application for a ``T'' visa.
    Moreover, the Committee understands that many State and 
local law enforcement officials are not aware of the penalties 
prescribed in the Federal law for trafficking in persons nor of 
the visa categories available for certain victims. The Committee 
strongly encourages the Department of Justice's Office of 
Victims of Crimes to work with the Criminal Section of the 
Civil Rights Division to expand outreach and education programs 
for State and local law enforcement personnel with regard to 
the Trafficking Victims Protection Act of 2000. This training 
program should focus, inter alia, on improving State and local 
law enforcement's ability to identify victims of trafficking 
and persons engaged in trafficking, on the desirability of 
referring trafficking cases to Federal officers, and the 
importance of referring victims of trafficking to appropriate 
social service providers.
    Subsection (b)(1) also increases the age at which a victim 
of trafficking is required to assist in investigations and 
prosecutions in order to be eligible for a ``T'' visa. The age 
requirement is raised from 15 years of age to 18 years of age. 
Finally, the list of family members of a victim of trafficking 
under 21 years of age who are eligible to be considered for 
derivative ``T'' visas is amended to include unmarried siblings 
under 18 years of age of such victim. The Committee considers 
this amendment necessary so as not to place the parents of a 
trafficking victim in the position of having to leave behind 
minor children in their home country in order to be with a 
child in the United States who has experienced the horror of 
trafficking in persons.
    Subsections (b)(2) and (b)(3) make changes to other 
provisions of the INA to conform those sections to the changes 
made by subsection (b)(1).
    Subsection 4(c) waives the ``public charge'' ground for 
inadmissibility of an alien to the United States. Given the 
slave-like conditions that trafficking victims experience, they 
are likely to need public benefits and services in order to 
integrate into U.S. society. In the Trafficking Victims 
Protection Act, Congress addressed this need by providing that 
trafficking victims would have access to public benefits and 
services to the same extent as persons admitted to the United 
States as refugees. As a result, however, when applying for a 
``T'' visa victims of trafficking often must seek a waiver of 
the ``public charge'' ground by which an alien can be deemed 
inadmissable to the United States. Applying for such a waiver 
is costly and burdensome for a victim of trafficking, as well 
as adding another issue for adjudication by the government in 
determining eligibility for a ``T'' visa. Subsection 4(c) 
exempts trafficking victims from the ``public charge'' ground 
for inadmissibility and, thereby, eliminates the need for a 
victim of trafficking to seek such a waiver.
    Subsection 4(c) also provides for the confidentiality of 
``T'' visa applications and creates penalties for unlawful 
disclosure of information contained in a ``T'' visa 
application.
Section 5. Enhancing Prosecutions of Traffickers
    Subsection (a)(1) makes a technical correction to the title 
of 18 U.S.C. section 1591.
    Subsection (a)(2) amends 18 U.S.C. section 1591 to state 
that the jurisdictional basis for prosecuting acts of sex 
trafficking includes acts of trafficking involving foreign 
commerce between the United States and foreign countries or 
occurring in the special maritime or territorial jurisdiction 
of the United States. It also makes 
a technical correction to the sentencing provision of section 
1591(b) by making the language of the provision correspond 
fully with the language in the substantive offense provision in 
section 1591(a).
    Subsection (b) adds the trafficking offenses created by 
P.L. 106-386--specifically 18 U.S.C. 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)--to the list of racketeering 
activities for purposes of the Federal RICO statute. In light 
of the well-documented involvement of organized crime networks 
in the trafficking of persons, the Committee would like to see 
the Department of Justice Organized Crime Division become 
engaged in the fight against trafficking and to use the full 
resources available under U.S. law to prosecute acts of 
trafficking.
Section 6. Enhancing United States Efforts to Combat Trafficking
    Subsection (a) requires the Interagency Task Force to 
report, no later than February 1, 2004 and 2005, to House and 
Senate oversight committees on the implementation of Federal 
trafficking in persons programs and initiatives. The Committee 
believes that having one integrated report on U.S. Government 
efforts to combat trafficking will give other countries a basis 
for comparison between their efforts and United States' efforts 
as well as providing a useful tool for policy makers and anti-
trafficking advocates in the United States.
    Subsection (b) calls for the Director of the Office to 
Monitor and Combat Trafficking to be appointed by the 
President, by and with the advice and consent of the Senate, 
and to have the rank of Ambassador-at-Large. The Committee 
intends for the person serving as Director of the Office to 
Monitor and Combat Trafficking as of the date of the enactment 
of this act to be permitted to continue to hold such position 
during the period of time required for such person to have his 
or her confirmation voted on by the Senate.
    Subsection (c) requires the establishment of a Senior 
Policy Operating Group, consisting of senior officials 
designated as representatives of the appointed members of the 
Task Force, which shall coordinate activities and fully share 
all information of Federal departments and agencies regarding 
policies, including grants and grant policies, involving 
trafficking in persons. Regulations regarding the sharing of 
information among the Senior Policy Operating Group are 
required not later than 90 days after the date of enactment of 
the Trafficking Victims Protection Reauthorizaton Act of 2003.
    Subsection (d) clarifies the minimum standards for the 
elimination of trafficking by adding that evidence of 
convictions and sentences for acts of trafficking and official 
complicity in acts of trafficking, in addition to evidence of 
investigations and prosecutions, must be considered when 
evaluating a country's efforts to eliminate trafficking. It is 
the Committee's view that the true picture of a government's 
efforts to prosecute acts of trafficking can only be determined 
based on an analysis of investigations and prosecutions 
conducted, as well as convictions and sentences rendered. 
Investigations and prosecutions are of little significance if 
convictions and appropriately severe sentences do not follow 
from them. This section also shifts the burden of proof to 
foreign governments 
to provide data on investigations, convictions, prosecutions 
and sentences for acts of severe forms of trafficking and 
creates a presumption that a government which does not provide 
such data to the degree reasonable in light of such 
government's resources, shall be presumed not to have 
vigorously engaged in such activities to eliminate trafficking.
    Subsection (e) amends section 134(b) of the Foreign 
Assistance Act of 1961 to state that assistance for foreign 
police training may be provided under this section 
notwithstanding section 660 of the FAA.
    Subsection (f) creates a new section in the TVPA--``Section 
112A Research on Domestic and International Trafficking in 
Persons''--which requires the President, acting through various 
departments and agencies, to conduct specialized research in 
the area of trafficking in persons. The Committee finds that 
this section is necessary to reinforce the importance of 
providing grants for research projects in the area of 
trafficking. The Committee finds that trafficking in persons is 
an egregious expression of globalization with the capacity to 
adapt to changing political, social, cultural, economic and 
legal parameters. Moreover, the Committee believes that many 
aspects of trafficking remain hidden, substantially increasing 
the difficulty of combating this terrible human rights abuse. 
Accordingly, the Committee finds that the causes, 
manifestations and policy implications of trafficking in 
persons must be researched, documented and analyzed, and that 
programs must be evaluated and strategies carefully developed 
on the basis of sound data.
Section 7. Authorization of Appropriations; Related Matters
    This section authorizes funding for fiscal years 2004 and 
2005 for programs and activities under the Trafficking Victims 
Protection Act and makes amendments to that act.
    Paragraph (1) authorizes an appropriation in support of the 
Task Force of $5,000,000 for each of the fiscal years 2004 and 
2005, a $2,000,000 increase from the fiscal year 2003 
authorized appropriation. This subsection also amends Section 
113(a) of the TVPA to indicate that the appropriations in 
support of the Task Force (section 105 of the TVPA) are 
specifically intended to be used to fund the operations and 
staffing requirements of the Office to Monitor and Combat 
Trafficking and the Senior Policy Operating Group. The 
recommended increase in appropriations is intended to provide 
for additional staff positions for the Office to Monitor and 
Combat Trafficking, including country analyst positions to 
further strengthen the annual reporting process and a position 
or positions, as needed, to support the Department-led Senior 
Policy Operating Group to coordinate interagency activities to 
implement the Trafficking Victims Prevention Act of 2000.
    Paragraph (2) authorizes appropriations to the Secretary of 
Health and Human Services at a level of $15,000,000 for each of 
the fiscal years 2004 and 2005.
    Paragraph (3) amends Sec. 113(c) of the TVPA by including 
an authorization of appropriations provision addressing 
Bilateral Assistance to Combat Trafficking, wherein 
appropriations to the Secretary of State for prevention 
programs are authorized at a level 
of $10,000,000 for each of the fiscal years 2004 and 2005. 
Paragraph (3) also amends the authorization of appropriations 
to the Secretary of State for protection programs to a level of 
$15,000,000 for fiscal year 2003 and $10,000,000 for each of 
the fiscal years 2004 and 2005. Paragraph (3) also amends the 
authorization of appropriations to the Secretary of State for 
prosecution and meeting minimum standards for the elimination 
of trafficking programs to a level of $10,000,000 for each of 
the fiscal years 2004 and 2005. Additionally, subsection (c) is 
amended by extending the authorization of appropriations for a 
voluntary contribution to the Organization for Security and 
Cooperation in Europe (OSCE) at its current level of $300,000 
for each of the fiscal years 2001 through 2005.
    Paragraph (4) authorizes appropriations to the Attorney 
General of $15,000,000 for each of the fiscal years 2004 and 
2005. An additional authorization of appropriations in the 
amount of $250,000 to the President, acting through the 
Attorney General, for each of fiscal years 2004 and 2005 is 
made to carry out training activities for law enforcement 
officers, prosecutors and members of the judiciary regarding 
trafficking in persons at the International Law Enforcement 
Academies.
    Paragraph (5) extends the authorization of appropriations 
to the President for foreign victims assistance at its current 
level of $15,000,000 for each of the fiscal years 2003 through 
2005 and assistance to foreign countries to meet minimum 
standards for the elimination of trafficking at its current 
level of $15,000,000 for each of the fiscal years 2003 through 
2005. It also authorizes appropriations to the President in the 
amount of $300,000 for each of the fiscal years 2004 and 2005 
for carrying out specialized research in trafficking in 
persons.
    Paragraph (6) extends the authorization of appropriations 
to the Secretary of Labor at a level of $10,000,000 for each of 
the fiscal years 2004 and 2005.
    Paragraph (7) creates a new subsection 113(g) of the TVPA 
which prohibits the use of funds under the act for any program 
that promotes, supports, or advocates the legalization or 
practice of prostitution. The restriction on programs contains 
the caveat that it shall not be construed to preclude certain 
types of assistance to victims of trafficking while they are 
being trafficked or after they are out of the situation that 
resulted from such victims being trafficked. The Committee 
recognizes that victims of trafficking may not immediately 
accept the offer of well-meaning persons to escape a 
trafficking situation. In the meantime, it is desirable for 
such persons to be able to provide to the victim of trafficking 
assistance designed to ameliorate the victim's suffering, to 
reduce the risks to the victim's health, or to otherwise 
promote the purposes of the TVPA. The Committee intends to make 
clear that the provision of such assistance alone shall not be 
deemed to constitute promoting, supporting or advocating for 
the legalization or practice of prostitution.
    Paragraph (7) further provides that no funds shall be made 
available for anti-trafficking programs to any organization 
that has not stated in a grant application and/or grant 
agreement that the organization does not promote, support, or 
advocate the legalization or practice of prostitution. In 
addition, this provision also states that this restriction 
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. 
The Committee intends that the restriction apply where 
organizations are working with individuals in prostitution 
while they are in the control of traffickers.
Section 8. Technical Corrections
    This section makes several technical corrections to various 
provisions of law contained or originating in the Trafficking 
Victims Protection Act of 2000.

                        New Advisory Committees

    H.R. 2620 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    H.R. 2620 does not apply to the legislative branch.

                            Federal Mandates

    H.R. 2620 provides no Federal mandates.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

 TITLE deg.VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT 
OF 2000

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victims of Trafficking and 
Violence Protection Act of 2000''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) * * *
    (b) Table of Contents.--The table of contents for this Act 
is as follows:
Sec.1.Short title.
Sec.2.Organization of Act into divisions; table of contents.

         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

Sec.101.Short title.
     * * * * * * *
Sec. 112A. Research on domestic and international trafficking in 
          persons.
          
                     *       *       *       *       *       *       *

         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

SEC. 101. SHORT TITLE.

    This division may be cited as the ``Trafficking Victims 
Protection Act of 2000''.

           *       *       *       *       *       *       *


SEC. 103. DEFINITIONS.

    In this division:
            (1) * * *

           *       *       *       *       *       *       *

            (7) Nonhumanitarian, nontrade-related foreign 
        assistance.--The term ``nonhumanitarian, nontrade-
        related foreign assistance'' means--
                    (A) any assistance under the Foreign 
                Assistance Act of 1961, other than--
                            (i) assistance under chapter 4 of 
                        part II of that Act in support of 
                        programs of nongovernmental 
                        organizations that is made available 
                        for any program, project, or activity 
                        eligible for assistance under chapter 1 
                        of part I of that Act;

           *       *       *       *       *       *       *


SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Activities of the Task Force.--The Task Force shall 
carry out the following activities:
            (1) * * *

           *       *       *       *       *       *       *

            (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;
                    (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.
    (e) Support for the Task Force.--The Secretary of State is 
authorized to establish within the Department of State an 
Office to Monitor and Combat Trafficking, which shall provide 
assistance to the Task Force. Any such Office shall be headed 
by a Director, who shall be appointed by the President, by and 
with the advice and consent of the Senate, with the rank of 
Ambassador-at-Large. The Director shall have the primary 
responsibility for assisting the Secretary of State in carrying 
out the purposes of this division and may have additional 
responsibilities as determined by the Secretary. The Director 
shall consult with nongovernmental organizations and 
multilateral organizations, and with trafficking victims or 
other affected persons. The Director shall have the authority 
to take evidence in public hearings or by other means. The 
agencies represented on the Task Force are authorized to 
provide staff to the Office on a nonreimbursable basis.
    (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.--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).

SEC. 106. PREVENTION OF TRAFFICKING.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Border Interdiction.--The President shall establish and 
carry out programs of foreign 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 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, as well as, to the extent 
appropriate, monitoring 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 (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(b-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).
    [(c)] (f) Consultation Requirement.--The President shall 
consult with appropriate nongovernmental organizations with 
respect to the establishment and conduct of [initiatives 
described in subsections (a) and (b)] initiatives and programs 
described in subsections (a) through (e).
    (g) 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).

SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Assistance for Victims in Other Countries.--
            (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for 
        International Development, in consultation with 
        appropriate nongovernmental organizations, shall 
        establish and carry out programs and initiatives in 
        foreign countries to assist in the safe integration, 
        reintegration, or resettlement, as appropriate, of 
        victims of trafficking. Such programs and initiatives 
        shall be designed to meet the appropriate assistance 
        needs of such persons and their children, as identified 
        by the Task Force. In addition, such programs and 
        initiatives shall, to the maximum extent practicable, 
        include the following:
                    (A) * * *
                    (B) Support for nongovernmental 
                organizations and advocates to provide legal, 
                social, and other services and assistance to 
                trafficked individuals, particularly those 
                individuals in detention, and by facilitating 
                contact between relevant foreign government 
                agencies and such nongovernmental organizations 
                to facilitate cooperation between the foreign 
                governments and such organizations.

           *       *       *       *       *       *       *

    (b) Victims in the United States.--
            (1) Assistance.--
                    (A) Eligibility for benefits and 
                services.--Notwithstanding title IV of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996, an alien who is a 
                victim of a severe form of trafficking in 
                persons, or an alien classified as a 
                nonimmigrant under section 
                101(a)(15)(T)(ii), shall be eligible for 
                benefits and services under any Federal or 
                State program or activity funded or 
                administered by any official or agency 
                described in subparagraph (B) to the same 
                extent as an alien who is admitted to the 
                United States as a refugee under section 207 of 
                the Immigration and Nationality Act.
                    (B) Requirement to expand benefits and 
                services.--Subject to subparagraph (C) and, in 
                the case of nonentitlement programs, to the 
                availability of appropriations, the Secretary 
                of Health and Human Services, the Secretary of 
                Labor, the Board of Directors of the Legal 
                Services Corporation, and the heads of other 
                Federal agencies shall expand benefits and 
                services to victims of severe forms of 
                trafficking in persons in the United States, 
                and aliens classified as a nonimmigrant under 
                section 101(a)(15)(T)(ii), without regard to 
                the immigration status of such victims.

           *       *       *       *       *       *       *

                    [(D) Annual report.--Not later than 
                December 31 of each year, the Secretary of 
                Health and Human Services, in consultation with 
                the Secretary of Labor, the Board of Directors 
                of the Legal Services Corporation, and the 
                heads of other appropriate Federal agencies 
                shall submit a report, which includes 
                information on the number of persons who 
                received benefits or other services under this 
                paragraph in connection with programs or 
                activities funded or administered by such 
                agencies or officials during the preceding 
                fiscal year, 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.]
                    (E) Certification.--
                            (i) In general.--Subject to clause 
                        (ii), the certification referred to in 
                        subparagraph (C) is a certification by 
                        the Secretary of Health and Human 
                        Services, after consultation with the 
                        Attorney General, that the person 
                        referred to in subparagraph 
                        (C)(ii)(II)--
                                    (I) is willing to assist in 
                                every reasonable way in [the 
                                investigation and prosecution] 
                                any Federal, State, or local 
                                investigation or prosecution of 
                                severe forms of trafficking in 
                                persons; and

           *       *       *       *       *       *       *

            (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.

           *       *       *       *       *       *       *

    (g) Annual Reports.--On or before October 31 of each year, 
the Attorney General shall submit a report to the appropriate 
congressional committees setting forth, with respect to the 
preceding fiscal year, the number, if any, of otherwise eligible 
applicants who did not receive visas under section 
101(a)(15)(T) of the Immigration and Nationality Act, as added 
by subsection (e), or who were unable to adjust their status 
under section 245(l) of such Act, solely on account of the 
unavailability of visas due to a limitation imposed by section 
[214(n)(1)] 214(o)(2) or 245(l)(4)(A) of such Act.

SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    (a) * * *
    (b) Criteria.--In determinations under subsection (a)(4), 
the following factors should be considered as indicia of 
serious and sustained efforts to eliminate severe forms of 
trafficking in persons:
            (1) Whether the government of the country 
        vigorously investigates and prosecutes acts of severe 
        forms of trafficking in persons [that take place wholly 
        or partly within the territory of the country], and 
        convicts and sentences persons responsible for such 
        acts, that take place wholly or partly within the 
        territory of the country. 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.

           *       *       *       *       *       *       *

            (7) Whether the government of the country 
        vigorously investigates [and prosecutes], prosecutes, 
        convicts, and sentences public officials who 
        participate in or facilitate severe forms of 
        trafficking in persons, and takes all appropriate 
        measures against officials who condone such 
        trafficking. 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.

           *       *       *       *       *       *       *


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.

SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorization of Appropriations in Support of the Task 
Force.--To carry out the purposes of sections 104, [105] 
105(e), 105(f), and 110, there are authorized to be 
appropriated to the Secretary of State $1,500,000 for fiscal 
year 2001 [and $3,000,000 for each of the fiscal years 2002 and 
2003], $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.
    (b) Authorization of Appropriations to the Secretary of 
Health and Human Services.--To carry out the purposes of 
section 107(b), there are authorized to be appropriated to the 
Secretary of Health and Human Services $5,000,000 for fiscal 
year 2001 and $10,000,000 for fiscal year 2002 and $15,000,000 
for each of the fiscal years 2004 and 2005.
    (c) Authorization of Appropriations to the Secretary of 
State.--
            [(1) Assistance for victims in other countries.--To 
        carry out the purposes of section 107(a), there are 
        authorized to be appropriated to the Secretary of State 
        $5,000,000 for fiscal year 2001, $10,000,000 for fiscal 
        year 2002, and $15,000,000 for fiscal year 2003.]
            (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.
            (2) Voluntary contributions to osce.--To carry out 
        the purposes of section 109, there is authorized to be 
        appropriated to the Secretary of State [for each of the 
        fiscal years 2001, 2002, and 2003] for each of the 
        fiscal years 2001 through 2005 $300,000 for voluntary 
        contributions to advance projects aimed at preventing 
        trafficking, promoting respect for human rights of 
        trafficking victims, and assisting the Organization for 
        Security and Cooperation in Europe participating states 
        in related legal reform for such fiscal year.
        
                   *       *       *       *       *       *       *

    (d) Authorization of Appropriations to Attorney General.--
To carry out the purposes of section 107(b), there are 
authorized to be appropriated to the Attorney General 
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 
2002 and $15,000,000 for each of the fiscal years 2004 and 
2005. 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.
    (e) Authorization of Appropriations to President.--
            (1) Foreign victim assistance.--To carry out the 
        purposes of section 106, there are authorized to be 
        appropriated to the President $5,000,000 for fiscal 
        year 2001, $10,000,000 for fiscal year 2002, and 
        $15,000,000 [for fiscal year 2003] for each of the 
        fiscal years 2003 through 2005.
            (2) Assistance to foreign countries to meet minimum 
        standards.--To carry out the purposes of section 109, 
        there are authorized to be appropriated to the 
        President $5,000,000 for fiscal year 2001, $10,000,000 
        for fiscal year 2002, and $15,000,000 [for fiscal year 
        2003] for each of the fiscal years 2003 through 2005.
            (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.
    (f) Authorization of Appropriations to the Secretary of 
Labor.--To carry out the purposes of section 107(b), there are 
authorized to be appropriated to the Secretary of Labor 
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 
2002 and $10,000,000 for each of the fiscal years 2004 and 
2005.
    (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.

           *       *       *       *       *       *       *

                              ----------                              

                    IMMIGRATION AND NATIONALITY ACT



           *       *       *       *       *       *       *
                            TITLE I--GENERAL

                              definitions

    Section 101. (a) As used in this Act--
    (1) * * *

           *       *       *       *       *       *       *

    (15) The term ``immigrant'' means every alien except an 
alien who is within one of the following classes of 
nonimmigrant aliens--
            (A) * * *

           *       *       *       *       *       *       *

            (T)(i) subject to section [214(n),] 214(o), an 
        alien who the Attorney General determines--
                    (I) * * *

           *       *       *       *       *       *       *

                    (III)(aa) has complied with any reasonable 
                request from any Federal, State, or local law 
                enforcement agency for assistance in the 
                investigation or prosecution of acts of 
                trafficking, or
                    (bb) has not attained [15 years of age,] 18 
                years of age, and

           *       *       *       *       *       *       *

            (ii) if the Attorney General considers it necessary 
        to avoid extreme hardship--
                    (I) in the case of an alien described in 
                clause (i) who is under 21 years of age, the 
                spouse, children, unmarried siblings under 18 
                years of age, and parents of such alien; and

           *       *       *       *       *       *       *

            (U)(i) subject to section [214(o),] 214(p), an 
        alien who files a petition for status under this 
        subparagraph, if the Attorney General determines that--
                    (I) * * *

           *       *       *       *       *       *       *

            (V) subject to section [214(o),] 214(q), an alien 
        who is the beneficiary (including a child of the 
        principal alien, if eligible to receive a visa under 
        section 203(d)) of a petition to accord a status under 
        section 203(a)(2)(A) that was filed with the Attorney 
        General under section 204 on or before the date of the 
        enactment of the Legal Immigration Family Equity Act, 
        if--
                    (i) * * *

           *       *       *       *       *       *       *


                         TITLE II--IMMIGRATION

Chapter 1--Selection System

           *       *       *       *       *       *       *


 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE 
               FOR ADMISSION; WAIVERS OF INADMISSIBILITY

      Sec. 212. (a) * * *

           *       *       *       *       *       *       *

      (d)(1) * * *

           *       *       *       *       *       *       *

    [(13)] (14) The Attorney General shall determine whether a 
ground of inadmissibility exists with respect to a nonimmigrant 
described in section 101(a)(15)(U). The Attorney General, in 
the Attorney General's discretion, may waive the application of 
subsection (a) (other than paragraph (3)(E)) in the case of a 
nonimmigrant described in section 101(a)(15)(U), if the 
Attorney General considers it to be in the public or national 
interest to do so.

           *       *       *       *       *       *       *


                       admission of nonimmigrants

      Sec. 214. (a) * * *

           *       *       *       *       *       *       *

    [(m)] (n)(1) A nonimmigrant alien described in paragraph 
(2) who was previously issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(i)(b) is 
authorized to accept new employment upon the filing by the 
prospective employer of a new petition on behalf of such 
nonimmigrant as provided under subsection (a). Employment 
authorization shall continue for such alien until the new 
petition is adjudicated. If the new petition is denied, such 
authorization shall cease.
    (2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
            (A) who has been lawfully admitted into the United 
        States;
            (B) on whose behalf an employer has filed a 
        nonfrivolous petition for new employment before the 
        date of expiration of the period of stay authorized by 
        the Attorney General; and
            (C) who, subsequent to such lawful admission, has 
        not been employed without authorization in the United 
        States before the filing of such petition.
    [(n)] (o)(1) * * *

           *       *       *       *       *       *       *

    (3) The numerical limitation of paragraph (2) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, siblings, or parents of such aliens.
    (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.
    [(o)] (p) Requirements Applicable to Section 101(a)(15)(U) 
Visas.--
            (1) * * *

           *       *       *       *       *       *       *

    [(o)] (q)(1) In the case of a nonimmigrant described in 
section 101(a)(15)(V)--
            (A) * * *

           *       *       *       *       *       *       *

    [(p)] (r)(1) A visa shall not be issued under the 
provisions of section 101(a)(15)(K)(ii) until the consular 
officer has received a petition filed in the United States by 
the spouse of the applying alien and approved by the Attorney 
General. The petition shall be in such form and contain such 
information as the Attorney General shall, by regulation, 
prescribe.

           *       *       *       *       *       *       *


               Chapter 5--Adjustment and Change of Status

  ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR 
                          PERMANENT RESIDENCE

    Sec. 245. (a) * * *

           *       *       *       *       *       *       *

    (l)(1) If, in the opinion of the Attorney General, a 
nonimmigrant admitted into the United States under section 
101(a)(15)(T)(i)--
            (A) * * *

           *       *       *       *       *       *       *

the Attorney General may adjust the status of the alien (and 
any person [admitted under that section] admitted under section 
101(a)(15)(T)(ii) as the spouse, parent, sibling, or child of 
the alien) to that of an alien lawfully admitted for permanent 
residence.

           *       *       *       *       *       *       *

    [(2)] (3) An alien shall be considered to have failed to 
maintain continuous physical presence in the United States 
under paragraph (1)(A) if the alien has departed from the 
United States for any period in excess of 90 days or for any 
periods in the aggregate exceeding 180 days.
    [(3)] (4)(A) The total number of aliens whose status may be 
adjusted under paragraph (1) during any fiscal year may not 
exceed 5,000.
    (B) The numerical limitation of subparagraph (A) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, siblings, or parents of such aliens.
    [(4)] (5) Upon the approval of adjustment of status under 
paragraph (1), the Attorney General shall record the alien's 
lawful admission for permanent residence as of the date of such 
approval.
    [(l)] (m)(1) The Attorney General may adjust the status of 
an alien admitted into the United States (or otherwise provided 
nonimmigrant status) under section 101(a)(15)(U) to that of an 
alien lawfully admitted for permanent residence if the alien is 
not described in section 212(a)(3)(E), unless the Attorney 
General determines based on affirmative evidence that the alien 
unreasonably refused to provide assistance in a criminal 
investigation or prosecution, if--
            (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 77--PEONAGE AND SLAVERY

           *       *       *       *       *       *       *


Sec. 1591. Sex trafficking of children or by force, fraud, or coercion

    (a) Whoever knowingly--
            (1) [in or affecting interstate commerce] in or 
        affecting interstate or foreign commerce, or within the 
        special maritime and territorial jurisdiction of the 
        United States, recruits, entices, harbors, transports, 
        provides, or obtains by any means a person; or

           *       *       *       *       *       *       *

    (b) The punishment for an offense under subsection (a) is--
            (1) if the offense was effected by force, fraud, or 
        coercion or if [the person transported] the person 
        recruited, enticed, harbored, transported, provided, or 
        obtained had not attained the age of 14 years at the 
        time of such offense, by a fine under this title or 
        imprisonment for any term of years or for life, or 
        both; or
            (2) if the offense was not so effected, and [the 
        person transported] the person recruited, enticed, 
        harbored, transported, provided, or obtained had 
        attained the age of 14 years but had not attained the 
        age of 18 years at the time of such offense, by a fine 
        under this title or imprisonment for not more than 40 
        years, or both.

           *       *       *       *       *       *       *


CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

           *       *       *       *       *       *       *


Sec. 1961. Definitions

    As used in this chapter--
            (1) ``racketeering activity'' means (A) any act or 
        threat involving murder, kidnapping, gambling, arson, 
        robbery, bribery, extortion, dealing in obscene matter, 
        or dealing in a controlled substance or listed chemical 
        (as defined in section 102 of the Controlled Substances 
        Act), which is chargeable under State law and 
        punishable by imprisonment for more than one year; (B) 
        any act which is indictable under any of the following 
        provisions of title 18, United States Code: Section 201 
        (relating to bribery), section 224 (relating to sports 
        bribery), sections 471, 472, and 473 (relating to 
        counterfeiting), section 659 (relating to theft from 
        interstate shipment) if the act indictable under 
        section 659 is felonious, section 664 (relating to 
        embezzlement from pension and welfare funds), sections 
        891-894 (relating to extortionate credit transactions), 
        section 1028 (relating to fraud and related activity in 
        connection with identification documents), section 1029 
        (relating to fraud and related activity in connection 
        with access devices), section 1084 (relating to the 
        transmission of gambling information), section 1341 
        (relating to mail fraud), section 1343 (relating to 
        wire fraud), section 1344 (relating to financial 
        institution fraud), section 1425 (relating to the 
        procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the 
        sale of naturalization or citizenship papers), sections 
        1461-1465 (relating to obscene matter), section 1503 
        (relating to obstruction of justice), section 1510 
        (relating to obstruction of criminal investigations), 
        section 1511 (relating to the obstruction of State or 
        local law enforcement), section 1512 (relating to 
        tampering with a witness, victim, or an informant), 
        section 1513 (relating to retaliating against a 
        witness, victim, or an informant), section 1542 
        (relating to false statement in application and use of 
        passport), section 1543 (relating to forgery or false 
        use of passport), section 1544 (relating to misuse of 
        passport), section 1546 (relating to fraud and misuse 
        of visas, permits, and other documents), sections 1581-
        1588 (relating to peonage and slavery), 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), section 1951 (relating to 
        interference with commerce, robbery, or extortion), 
        section 1952 (relating to racketeering), section 1953 
        (relating to interstate transportation of wagering 
        paraphernalia), section 1954 (relating to unlawful 
        welfare fund payments), section 1955 (relating to the 
        prohibition of illegal gambling businesses), section 
        1956 (relating to the laundering of monetary 
        instruments), section 1957 (relating to engaging in 
        monetary transactions in property derived from 
        specified unlawful activity), section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder-for-hire), sections 2251, 2251A, 2252, and 
        2260 (relating to sexual exploitation of children), 
        sections 2312 and 2313 (relating to interstate 
        transportation of stolen motor vehicles), sections 2314 
        and 2315 (relating to interstate transportation of 
        stolen property), section 2318 (relating to trafficking 
        in counterfeit labels for phonorecords, computer 
        programs or computer program documentation or packaging 
        and copies of motion pictures or other audiovisual 
        works), section 2319 (relating to criminal infringement 
        of a copyright), section 2319A (relating to 
        unauthorized fixation of and trafficking in sound 
        recordings and music videos of live musical 
        performances), section 2320 (relating to trafficking in 
        goods or services bearing counterfeit marks), section 
        2321 (relating to trafficking in certain motor vehicles 
        or motor vehicle parts), sections 2341-2346 (relating 
        to trafficking in contraband cigarettes), sections 
        2421-24 (relating to white slave traffic), (C) any act 
        which is indictable under title 29, United States Code, 
        section 186 (dealing with restrictions on payments and 
        loans to labor organizations) or section 501(c) 
        (relating to embezzlement from union funds), (D) any 
        offense involving fraud connected with a case under 
        title 11 (except a case under section 157 of this 
        title), fraud in the sale of securities, or the 
        felonious manufacture, importation, receiving, 
        concealment, buying, selling, or otherwise dealing in a 
        controlled substance or listed chemical (as defined in 
        section 102 of the Controlled Substances Act), 
        punishable under any law of the United States, (E) any 
        act which is indictable under the Currency and Foreign 
        Transactions Reporting Act, (F) any act which is 
        indictable under the Immigration and Nationality Act, 
        section 274 (relating to bringing in and harboring 
        certain 
        aliens), section 277 (relating to aiding or assisting 
        certain aliens to enter the United States), or section 
        278 (relating to importation of alien for immoral 
        purpose) if the act indictable under such section of 
        such Act was committed for the purpose of financial 
        gain, or (G) any act that is indictable under any 
        provision listed in section 2332b(g)(5)(B).

           *       *       *       *       *       *       *

                              ----------                              


       SECTION 406 OF THE DEPARTMENT OF STATE AND RELATED AGENCY 
                        APPROPRIATIONS ACT, 2003

    [Sec. 406. (a) The Interagency Task Force to Monitor and 
Combat Trafficking shall establish a Senior Policy Operating 
Group.
    [(b) The Operating Group shall consist of the senior 
officials designated as representatives of the appointed 
members of the President's Interagency Task Force to Monitor 
and Combat Trafficking in Persons (established under Executive 
Order No. 13257 of February 13, 2002).
    [(c) The Operating Group shall coordinate agency activities 
regarding policies (including grants and grant policies) 
involving the international trafficking in persons and the 
implementation of this division.
    [(d) The Operating Group shall fully share information 
regarding agency plans, before and after final agency decisions 
are made, on all matters regarding grants, grant policies, and 
other significant actions regarding the international 
trafficking of persons and the implementation of this division.
    [(e) The Operating Group shall be chaired by the Director 
of the Office to Monitor and Combat Trafficking of the 
Department of State.
    [(f) The Operating Group shall meet on a regular basis at 
the call of the chair.]

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 134 OF THE FOREIGN ASSISTANCE ACT OF 1961

SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR 
                    THE ELIMINATION OF TRAFFICKING.

    (a) * * *
    (b) Funding.--Amounts made available to carry out the other 
provisions of this part (including chapter 4 of part II of this 
Act) and the Support for East European Democracy (SEED) Act of 
1989 shall be made available to carry out this section. 
Assistance may be provided under this section notwithstanding 
section 660 of this Act.

           *       *       *       *       *       *       *


                                
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