[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Rules and Regulations]
[Pages 59654-59655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20549]



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DEPARTMENT OF STATE

22 CFR Part 96

[Public Notice: PN-5200]
RIN 1400-AC00


International Trafficking in Persons: Interagency Sharing of 
Information and Coordination of Activities

AGENCY: State Department.

ACTION: Final rule.

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SUMMARY: This rule implements Section 105 of the Trafficking Victims 
Protection Act of 2000, as amended by the Trafficking Victims 
Protection Reauthorization Act of 2003. In particular, this rule 
establishes guidelines to carry out the sharing of information on all 
matters relating to grants, grant policies, or other significant 
actions regarding the international trafficking in persons, to the 
extent permitted by law. The intended effect of this rule is to enhance 
interagency communication on policies and programs that address 
international trafficking in persons.

DATES: This rule is effective September 22, 2005.

ADDRESSES: You may submit comments, identified by any of the following 
methods:
     E-mail: [email protected] You must include the RIN in 
the subject line of your message.
     Mail (paper, disk, or CD-ROM submissions): Department of 
State, Office to Monitor and Combat Trafficking in Persons (SA-22), 
1800 G St. NW., Suite 2201, Washington, DC 20520.
     Fax: 202-312-9637
     Hand Delivery or Courier: Department of State, Office to 
Monitor and Combat Trafficking in Persons (SA-22), 1800 G St. NW., 
Suite 2201, Washington, DC 20520.
    Persons with access to the internet may also view this notice by 
going to the regulations.gov web site at: http://www.regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Department of State, Office to Monitor 
and Combat Trafficking in Persons (SA-22), 1800 G St. NW., Suite 2201, 
Washington, DC 20520; [email protected].

SUPPLEMENTARY INFORMATION: The Trafficking Victims Protection 
Reauthorization Act of 2003 created a requirement that the President 
promulgate regulations to implement Section 105 of the Trafficking 
Victims Protection Act of 2000, as amended (``the Act'').
    Section 105 of the Act calls for the President to establish an 
Interagency Task Force to Monitor and Combat Trafficking and a Senior 
Policy Operating Group consisting of senior officials designated as 
representatives of the appointed members of the Task Force. By 
Executive Order 13257, dated February 13, 2002, the President 
established the President's Interagency Task Force to Monitor and 
Combat Trafficking in Persons (``the Task Force''), which is chaired by 
the Secretary of State and includes the Administrator of the United 
States Agency for International Development, the Attorney General, the 
Secretary of Labor, the Secretary of Health and Human Services, the 
Director of Central Intelligence, and the Director of the Office of 
Management and Budget. Executive Order 13257 lays out the 
responsibilities of the Task Force including, among other things, 
coordinating the implementation of the Act. The Secretary of Homeland 
Security was added to the Task Force by Executive Order 13286 of 
February 28, 2003. The Task Force created the Senior Policy Operating 
Group on December 8, 2003, to coordinate agency activities regarding 
policies, including grants and grant policies, involving the 
international trafficking in persons and the implementation of the Act. 
The Trafficking Victims Protection Reauthorization Act of 2003 amended 
the Trafficking Victims Protection Act, including by setting out the 
duties of the Senior Policy Operating Group and requiring the President 
to promulgate regulations to implement Section 105 (22 U.S.C. 
7103(f)(5)).
    Executive Order 13333 of March 18, 2004 amends Executive Order 
13257 and delegates the task of issuing such regulations to the 
Secretary of State, and instructs the Senior Policy Operating Group to 
advise the Secretary of State as to what regulations may be necessary 
to implement Section 105, including such regulations as may be 
necessary to carry out the sharing of information on all matters 
relating to grants, grant policies, or other significant actions 
regarding the international trafficking in persons (Executive Order 
13333, section 4(b)).

Regulatory Findings

Administrative Procedure Act

    This rule is exempt from notice-and-comment rulemaking in 
accordance with 5 U.S.C. 553(a)(2), since it concerns ``a matter 
relating to agency management or personnel or to public property, 
loans, grants, benefits, or contracts.''

Regulatory Flexibility Act and Executive Order 13272

    This rule falls outside the definition of ``rule'' set forth in the 
Regulatory Flexibility Act (5 U.S.C. 601(2)) and incorporated in 
Executive Order 13272, Proper Consideration of Small Entities in Agency 
Rulemaking. Nevertheless, the Department of State has reviewed this 
rule in accordance with the criteria set forth in the Act (5 U.S.C. 
605(b)) and Section 3(b) of the Executive Order, and, by approving it, 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Moreover, the rule falls outside the 
definition of ``rule'' set forth in the Unfunded Mandates Reform Act of 
1996 (2 U.S.C. 658(10), incorporating the definition set forth in the 
Regulatory Flexibility Act. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2), 
for purposes of congressional review of agency rulemaking under the 
Small Business Regulatory Enforcement Act of 1996 (5 U.S.C. 801-808). 
This rule will not result in an annual effect on the economy of $100 
million or more; a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; or significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
United States-based companies to compete with foreign based companies 
in domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``rule'' within the meaning of section 3(d) of Executive Order 12866, 
Regulatory Planning and Review, nor is it a ``significant regulatory 
action'' under Executive Order 12866, section 3(f). While this 
rulemaking is exempt from Executive Order 12866, the Department has 
nevertheless reviewed the rule to ensure its consistency with the 
regulatory

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philosophy and principles set forth in that Executive Order.

Executive Orders 12372 and 13132: Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Nor would the rule have federalism implications 
warranting the application of Executive Orders 12372 and 13132.

Executive Order 12988: Civil Justice Reform

    The Department of State has reviewed this rule in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects

    Administrative practice and procedure.


0
Accordingly, for the reasons set forth in the preamble, 22 CFR Part 96 
is added to read as follows:

PART 96--INTERNATIONAL TRAFFICKING IN PERSONS: INTERAGENCY 
COORDINATION OF ACTIVITIES AND SHARING OF INFORMATION

Sec.
96.1 Coordination of Implementation of the Trafficking Victims 
Protection Act of 2000, as amended.
96.2 Sharing of Information Regarding International Trafficking in 
Persons.

    Authority: 22 U.S.C. 7103(f)(5); Executive Order 13257 (as 
amended by Executive Order 13333).


Sec.  96.1  Coordination of Implementation of the Trafficking Victims 
Protection Act of 2000, as amended.

    The Director of the Office to Monitor and Combat Trafficking in 
Persons of the Department of State, who is the Chairperson of the 
Senior Policy Operating Group of the President's Interagency Task Force 
to Monitor and Combat Trafficking in Persons, shall call meetings of 
the Senior Policy Operating Group on a regular basis to coordinate 
activities of Federal departments and agencies regarding policies 
(including grants and grant policies) involving the international 
trafficking in persons and the implementation of the Trafficking 
Victims Protection Act of 2000, as amended.


Sec.  96.2  Sharing of Information Regarding International Trafficking 
in Persons.

    Each Federal Department or agency represented on the Senior Policy 
Operating Group shall, to the extent permitted by law, share 
information on all matters relating to grants, grant policies, or other 
significant actions regarding the international trafficking in persons. 
In its coordinating role, the Senior Policy Operating Group shall 
establish appropriate mechanisms to effect such information sharing.

    Dated: September 22, 2005.
Robert B. Zoellick,
Deputy Secretary of State, Department of State.
[FR Doc. 05-20549 Filed 10-12-05; 8:45 am]
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