    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 2875

    Public Law 108-193
    108th Congress

    An Act

    To authorize appropriations for fiscal years 2004 and 2005 for the
    Trafficking Victims Protection Act of 2000, and for other
    purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress <> assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trafficking Victims Protection
    Reauthorization Act of 2003''.

    SEC. 2. <> FINDINGS.

    Congress finds the following:
    (1) Trafficking in persons continues to victimize countless
    men, women, and children in the United States and abroad.
    (2) Since the enactment of the Trafficking Victims
    Protection Act of 2000 (division A of Public Law 106-386), the
    United States Government has made significant progress in
    investigating and prosecuting acts of trafficking and in
    responding to the needs of victims of trafficking in the United
    States and abroad.
    (3) On the other hand, victims of trafficking have faced
    unintended obstacles in the process of securing needed
    assistance, including admission to the United States under
    section 101(a)(15)(T)(i) of the Immigration and Nationality Act.
    (4) Additional research is needed to fully understand the
    phenomenon of trafficking in persons and to determine the most
    effective strategies for combating trafficking in persons.
    (5) Corruption among foreign law enforcement authorities
    continues to undermine the efforts by governments to
    investigate, prosecute, and convict traffickers.
    (6) International Law Enforcement Academies should be more
    fully utilized in the effort to train law enforcement
    authorities, prosecutors, and members of the judiciary to
    address trafficking in persons-related crimes.

    SEC. 3. <> ENHANCING PREVENTION OF TRAFFICKING IN
    PERSONS.

    (a) Border Interdiction, Public Information Programs, and Combating
    International Sex Tourism.--Section 106 of the Trafficking Victims
    Protection Act of 2000 (22 U.S.C. 7104) is amended--
    (1) by redesignating subsection (c) as subsection (f);
    (2) by inserting after subsection (b) the following new
    subsections:

    ``(c) Border Interdiction.--The President shall establish and carry
    out programs of border interdiction outside the United States.

    [[Page 2876]]
    117 STAT. 2876

    Such programs shall include providing grants to foreign nongovernmental
    organizations that provide for transit shelters operating at key border
    crossings and that help train survivors of trafficking in persons to
    educate and train border guards and officials, and other local law
    enforcement officials, to identify traffickers and victims of severe
    forms of trafficking, and the appropriate manner in which to treat such
    victims. Such programs shall also include, to the extent appropriate,
    monitoring by such survivors of trafficking in persons of the
    implementation of border interdiction programs, including helping in the
    identification of such victims to stop the cross-border transit of
    victims. The President shall ensure that any program established under
    this subsection provides the opportunity for any trafficking victim who
    is freed to return to his or her previous residence if the victim so
    chooses.
    ``(d) International Media.--The President shall establish and carry
    out programs that support the production of television and radio
    programs, including documentaries, to inform vulnerable populations
    overseas of the dangers of trafficking, and to increase awareness of the
    public in countries of destination regarding the slave-like practices
    and other human rights abuses involved in trafficking, including
    fostering linkages between individuals working in the media in different
    countries to determine the best methods for informing such populations
    through such media.
    ``(e) Combating International Sex Tourism.--
    ``(1) Development and dissemination of materials.--The
    President, pursuant to such regulations as may be prescribed,
    shall ensure that materials are developed and disseminated to
    alert travelers that sex tourism (as described in subsections
    (b) through (f) of section 2423 of title 18, United States Code)
    is illegal, will be prosecuted, and presents dangers to those
    involved. Such materials shall be disseminated to individuals
    traveling to foreign destinations where the President determines
    that sex tourism is significant.
    ``(2) Monitoring of compliance.--The President shall monitor
    compliance with the requirements of paragraph (1).
    ``(3) Feasibility report.--Not <> later
    than 180 days after the date of the enactment of the Trafficking
    Victims Protection Reauthorization Act of 2003, the President
    shall transmit to the Committee on International Relations of
    the House of Representatives and the Committee on Foreign
    Affairs of the Senate a report that describes the feasibility of
    such United States Government materials being disseminated
    through public-private partnerships to individuals traveling to
    foreign destinations.''; and
    (3) in subsection (f) (as redesignated), by striking
    ``initiatives described in subsections (a) and (b)'' and
    inserting ``initiatives and programs described in subsections
    (a) through (e)''.

    (b) Termination of Certain Grants, Contracts and Cooperative
    Agreements.--Section 106 of such Act (as amended by subsection (a)) is
    further amended by adding at the end the following new subsection:
    ``(g) Termination of Certain Grants, Contracts and Cooperative
    Agreements.--
    ``(1) Termination.--The President shall ensure that any
    grant, contract, or cooperative agreement provided or entered
    into by a Federal department or agency under which funds
    described in paragraph (2) are to be provided to a private

    [[Page 2877]]
    117 STAT. 2877

    entity, in whole or in part, shall include a condition that
    authorizes the department or agency to terminate the grant,
    contract, or cooperative agreement, without penalty, if the
    grantee or any subgrantee, or the contractor or any
    subcontractor (i) engages in severe forms of trafficking in
    persons or has procured a commercial sex act during the period
    of time that the grant, contract, or cooperative agreement is in
    effect, or (ii) uses forced labor in the performance of the
    grant, contract, or cooperative agreement.
    ``(2) Assistance described.--Funds referred to in paragraph
    (1) are funds made available to carry out any program, project,
    or activity abroad funded under major functional budget category
    150 (relating to international affairs).''.

    SEC. 4. ENHANCING PROTECTION FOR TRAFFICKING VICTIMS.

    (a) Amendments to Trafficking Victims Protection Act of 2000.--
    (1) Cooperation between foreign governments and
    nongovernmental organizations.--Section 107(a)(1)(B) of the
    Trafficking Victims Protection Act of 2000 (22 U.S.C.
    7105(a)(1)(B)) is amended by adding at the end before the period
    the following: ``, and by facilitating contact between relevant
    foreign government agencies and such nongovernmental
    organizations to facilitate cooperation between the foreign
    governments and such organizations''.
    (2) Assistance for family members of victims of trafficking
    in united states.--Section 107(b)(1) of the Trafficking Victims
    Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended--
    (A) in subparagraph (A), by inserting ``, or an
    alien classified as a nonimmigrant under section
    101(a)(15)(T)(ii),'' after ``in persons''; and
    (B) in subparagraph (B)--
    (i) by inserting ``and aliens classified as a
    nonimmigrant under section 101(a)(15)(T)(ii),''
    after ``United States,''; and
    (ii) by adding at the end the following new
    sentence: ``In the case of nonentitlement programs
    funded by the Secretary of Health and Human
    Services, such benefits and services may include
    services to assist potential victims of
    trafficking in achieving certification and to
    assist minor dependent children of victims of
    severe forms of trafficking in persons or
    potential victims of trafficking.''.
    (3) Certification of victims of a severe form of trafficking
    in persons.--Section 107(b)(1)(E) of the Trafficking Victims
    Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is amended by
    adding at the end the following new clause:
    ``(iv) Assistance to investigations.--In
    making the certification described in this
    subparagraph with respect to the assistance to
    investigation or prosecution described in clause
    (i)(I), the Secretary of Health and Human Services
    shall consider statements from State and local law
    enforcement officials that the person referred to
    in subparagraph (C)(ii)(II) has been willing to
    assist in every reasonable way with respect to the
    investigation and prosecution of State and local
    crimes

    [[Page 2878]]
    117 STAT. 2878

    such as kidnapping, rape, slavery, or other forced
    labor offenses, where severe forms of trafficking
    appear to have been involved.''.
    (4) Private right of action.--
    (A) In general.--Chapter 77 of part I of title 18,
    United States Code, is amended by adding at the end the
    following new section:

    ``Sec. 1595. Civil remedy

    ``(a) An individual who is a victim of a violation of section 1589,
    1590, or 1591 of this chapter may bring a civil action against the
    perpetrator in an appropriate district court of the United States and
    may recover damages and reasonable attorneys fees.
    ``(b)(1) Any civil action filed under this section shall be stayed
    during the pendency of any criminal action arising out of the same
    occurrence in which the claimant is the victim.
    ``(2) In this subsection, a `criminal action' includes investigation
    and prosecution and is pending until final adjudication in the trial
    court.''.
    (B) Conforming amendment.--The table of contents of
    chapter 77 of part I of title 18, United States Code, is
    amended by adding at the end the following new item:

    ``1595. Civil remedy.''.

    (b) Amendments to Immigration and Nationality Act.--
    (1) Nonimmigrant alien classes.--Section 101(a)(15)(T) of
    the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is
    amended--
    (A) in clause (i)(III)(bb), by striking ``15 years
    of age,'' and inserting ``18 years of age,''; and
    (B) in clause (ii)(I), by inserting ``unmarried
    siblings under 18 years of age on the date on which such
    alien applied for status under such clause,'' before
    ``and parents''.
    (2) Admission of nonimmigrants.--Section 214(n) of the
    Immigration and Nationality Act (8 U.S.C. 1184(n)) is amended--
    (A) in paragraph (3), by inserting ``siblings,''
    before ``or parents''; and
    (B) by adding at the end the following:

    ``(4) An unmarried alien who seeks to accompany, or follow to join,
    a parent granted status under section 101(a)(15)(T)(i), and who was
    under 21 years of age on the date on which such parent applied for such
    status, shall continue to be classified as a child for purposes of
    section 101(a)(15)(T)(ii), if the alien attains 21 years of age after
    such parent's application was filed but while it was pending.
    ``(5) An alien described in clause (i) of section 101(a)(15)(T)
    shall continue to be treated as an alien described in clause (ii)(I) of
    such section if the alien attains 21 years of age after the alien's
    application for status under such clause (i) is filed but while it is
    pending.
    ``(6) In making a determination under section
    101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements from
    State and local law enforcement officials that the alien has complied
    with any reasonable request for assistance in the investigation or
    prosecution of crimes such as kidnapping, rape, slavery, or other forced
    labor offenses, where severe forms of trafficking in persons

    [[Page 2879]]
    117 STAT. 2879

    (as defined in section 103 of the Trafficking Victims Protection Act of
    2000) appear to have been involved, shall be considered.''.
    (3) Adjustment of status.--Section 245(l) of the Immigration
    and Nationality Act (8 U.S.C. 1255(l)) (as added by section
    107(f) of Public Law 106-386) is amended--
    (A) in paragraph (1)--
    (i) by striking ``admitted under that
    section'' and inserting ``admitted under section
    101(a)(15)(T)(ii)''; and
    (ii) by inserting ``sibling,'' after
    ``parent,''; and
    (B) in paragraph (3)(B), by inserting ``siblings,''
    after ``daughters,''.
    (4) Exemption from public charge ground for
    inadmissibility.--Section 212(d)(13) of the Immigration and
    Nationality Act (8 U.S.C. 1182(d)(13)), as added by section
    107(e)(3) of the Trafficking Victims Protection Act of 2000 (22
    U.S.C. 7105(e)(3)), is amended--
    (A) in subparagraph (A), by striking the period at
    the end and adding the following:

    ``, except that the ground for inadmissibility described in subsection
    (a)(4) shall not apply with respect to such a nonimmigrant.''; and
    (B) in subparagraph (B)--
    (i) by amending clause (i) to read as follows:
    ``(i) subsection (a)(1); and''; and
    (ii) in clause (ii)--
    (I) by striking ``such subsection''
    and inserting ``subsection (a)''; and
    (II) by inserting ``(4),'' after
    ``(3),''.
    (5) Aggravated felony defined.--Section 101(a)(43)(K)(iii)
    of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(43)(K)(iii)) is amended to read as follows:
    ``(iii) is described in any of sections 1581-
    1585 or 1588-1591 of title 18, United States Code
    (relating to peonage, slavery, involuntary
    servitude, and trafficking in persons);''.

    SEC. 5. ENHANCING PROSECUTIONS OF TRAFFICKERS.

    (a) Sex Trafficking of Children or by Force, Fraud, or Coercion.--
    Section 1591 of title 18, United States Code, is amended--
    (1) in the heading, by inserting a comma after ``fraud'';
    (2) in subsection (a)(1), by striking ``in or affecting
    interstate commerce'' and inserting ``in or affecting interstate
    or foreign commerce, or within the special maritime and
    territorial jurisdiction of the United States''; and
    (3) in subsection (b), by striking ``the person
    transported'' each place it appears and inserting ``the person
    recruited, enticed, harbored, transported, provided, or
    obtained''.

    (b) Definition of Racketeering Activity.--Section 1961(1)(A) of
    title 18, United States Code, is amended by striking ``sections 1581-
    1588 (relating to peonage and slavery)'' and inserting ``sections 1581-
    1591 (relating to peonage, slavery, and trafficking in persons).''.
    (c) Conforming Amendments.--(1) The heading for chapter 77 of part I
    of title 18, United States Code, is amended to read as follows:

    [[Page 2880]]
    117 STAT. 2880

    ``CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS''.

    (2) The table of contents for part I of title 18, United States
    Code, is amended in the item relating to chapter 77 to read as follows:

    ``77.  Peonage, slavery, and trafficking in persons''.

    SEC. 6. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING.

    (a) Report.--
    (1) In general.--Section 105(d) of the Victims of
    Trafficking and Violence Protection Act of 2000 (22 U.S.C.
    7103(d)) is amended by adding at the end the following new
    paragraph:
    ``(7) Not later than <> May 1, 2004, and
    annually thereafter, the Attorney General shall submit to the
    Committee on Ways and Means, the Committee on International
    Relations, and the Committee on the Judiciary of the House of
    Representatives and the Committee on Finance, the Committee on
    Foreign Relations, and the Committee on the Judiciary of the
    Senate, a report on Federal agencies that are implementing any
    provision of this division, or any amendment made by this
    division, which shall include, at a minimum, information on--
    ``(A) the number of persons who received benefits or
    other services under section 107(b) in connection with
    programs or activities funded or administered by the
    Secretary of Health and Human Services, the Secretary of
    Labor, the Board of Directors of the Legal Services
    Corporation, and other appropriate Federal agencies
    during the preceding fiscal year;
    ``(B) the number of persons who have been granted
    continued presence in the United States under section
    107(c)(3) during the preceding fiscal year;
    ``(C) the number of persons who have applied for,
    been granted, or been denied a visa or otherwise
    provided status under section 101(a)(15)(T)(i) of the
    Immigration and Nationality Act (8 U.S.C.
    1101(a)(15)(T)(i)) during the preceding fiscal year;
    ``(D) the number of persons who have been charged or
    convicted under one or more of sections 1581, 1583,
    1584, 1589, 1590, 1591, 1592, or 1594 of title 18,
    United States Code, during the preceding fiscal year and
    the sentences imposed against each such person;
    ``(E) the amount, recipient, and purpose of each
    grant issued by any Federal agency to carry out the
    purposes of sections 106 and 107 of this Act, or section
    134 of the Foreign Assistance Act of 1961, during the
    preceding fiscal year;
    ``(F) the nature of training conducted pursuant to
    section 107(c)(4) during the preceding fiscal year; and
    ``(G) the activities undertaken by the Senior Policy
    Operating Group to carry out its responsibilities under
    section 105(f) of this division.''.
    (2) Conforming amendment.--Section 107(b)(1) of the Victims
    of Trafficking and Violence Protection Act of 2000 (22 U.S.C.
    7105(b)(1)) is amended by striking subparagraph (D).

    [[Page 2881]]
    117 STAT. 2881

    (b) Support for the Task Force.--
    (1) Amendment.--The <> second sentence of
    section 105(e) of the Victims of Trafficking and Violence
    Protection Act of 2000 (22 U.S.C. 7103(e)) is amended by
    inserting at the end before the period the following: ``, who
    shall be appointed by the President, by and with the advice and
    consent of the Senate, with the rank of Ambassador-at-Large''.
    (2) Applicability.--The <> individual who holds the position of Director of the
    Office to Monitor and Combat Trafficking of the Department of
    State may continue to hold such position notwithstanding the
    amendment made by paragraph (1).

    (c) Senior Policy Operating Group.--
    (1) Amendment.--Section 105 of the Victims of Trafficking
    and Violence Protection Act of 2000 (22 U.S.C. 7103) is amended
    by adding at the end the following new subsection:

    ``(f) Senior Policy Operating Group.--
    ``(1) Establishment.--There shall be established within the
    executive branch a Senior Policy Operating Group.
    ``(2) Membership; related matters.--
    ``(A) In general.--The Operating Group shall consist
    of the senior officials designated as representatives of
    the appointed members of the Task Force (pursuant to
    Executive Order No. 13257 of February 13, 2002).
    ``(B) Chairperson.--The Operating Group shall be
    chaired by the Director of the Office to Monitor and
    Combat Trafficking of the Department of State.
    ``(C) Meetings.--The Operating Group shall meet on a
    regular basis at the call of the Chairperson.
    ``(3) Duties.--The Operating Group shall coordinate
    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

    [[Page 2882]]
    117 STAT. 2882

    (B) by adding at the end the following new
    sentences: ``After reasonable requests from the
    Department of State for data regarding investigations,
    prosecutions, convictions, and sentences, a government
    which does not provide such data, consistent with the
    capacity of such government to obtain such data, shall
    be presumed not to have vigorously investigated,
    prosecuted, convicted or sentenced such acts. During the
    periods prior to the annual report submitted on June 1,
    2004, and on June 1, 2005, and the periods afterwards
    until September 30 of each such year, the Secretary of
    State may disregard the presumption contained in the
    preceding sentence if the government has provided some
    data to the Department of State regarding such acts and
    the Secretary has determined that the government is
    making a good faith effort to collect such data.'';
    (2) in paragraph (7)--
    (A) by striking ``and prosecutes'' and inserting ``,
    prosecutes, convicts, and sentences''; and
    (B) by adding at the end the following new sentence:
    ``After reasonable requests from the Department of State
    for data regarding such investigations, prosecutions,
    convictions, and sentences, a government which does not
    provide such data consistent with its resources shall be
    presumed not to have vigorously investigated,
    prosecuted, convicted, or sentenced such acts. During
    the periods prior to the annual report submitted on June
    1, 2004, and on June 1, 2005, and the periods afterwards
    until September 30 of each such year, the Secretary of
    State may disregard the presumption contained in the
    preceding sentence if the government has provided some
    data to the Department of State regarding such acts and
    the Secretary has determined that the government is
    making a good faith effort to collect such data.''.
    (3) by adding the following new paragraphs at the end:
    ``(8) Whether the percentage of victims of severe forms of
    trafficking in the country that are non-citizens of such
    countries is insignificant.
    ``(9) Whether the government of the country, consistent with
    the capacity of such government, systematically monitors its
    efforts to satisfy the criteria described in paragraphs (1)
    through (8) and makes available publicly a periodic assessment
    of such efforts.
    ``(10) Whether the government of the country achieves
    appreciable progress in eliminating severe forms of trafficking
    when compared to the assessment in the previous year.''.

    (e) Special Watch List.--Section 110(b) of the Trafficking Victims
    Protection Act of 2000 (22 U.S.C. 7107(b)) is amended--
    (1) by redesignating paragraph (3) as paragraph (4); and
    (2) by inserting after paragraph (2) the following new
    paragraph:
    ``(3) Special watch list.--
    ``(A) Submission of list.--Not later than the date
    on which the determinations described in subsections (c)
    and (d) are submitted to the appropriate congressional
    committees in accordance with such subsections, the
    Secretary of State shall submit to the appropriate
    congressional committees a list of countries that the
    Secretary

    [[Page 2883]]
    117 STAT. 2883

    determines requires special scrutiny during the
    following year. The list shall be composed of the
    following countries:
    ``(i) Countries that have been listed pursuant
    to paragraph (1)(A) in the current annual report
    and were listed pursuant to paragraph (1)(B) in
    the previous annual report.
    ``(ii) Countries that have been listed
    pursuant to paragraph (1)(B) pursuant to the
    current annual report and were listed pursuant to
    paragraph (1)(C) in the previous annual report.
    ``(iii) Countries that have been listed
    pursuant to paragraph (1)(B) pursuant to the
    current annual report, where--
    ``(I) the absolute number of victims
    of severe forms of trafficking is very
    significant or is significantly
    increasing;
    ``(II) there is a failure to provide
    evidence of increasing efforts to combat
    severe forms of trafficking in persons
    from the previous year, including
    increased investigations, prosecutions
    and convictions of trafficking crimes,
    increased assistance to victims, and
    decreasing evidence of complicity in
    severe forms of trafficking by
    government officials; or
    ``(III) the determination that a
    country is making significant efforts to
    bring themselves into compliance with
    minimum standards was based on
    commitments by the country to take
    additional future steps over the next
    year.
    ``(B) Interim assessment.--
    Not <> later than February 1st of each
    year, the Secretary of State shall provide to the
    appropriate congressional committees an assessment of
    the progress that each country on the special watch list
    described in subparagraph (A) has made since the last
    annual report.
    ``(C) Relation of special watch list to annual
    trafficking in persons report.--A determination that a
    country shall not be placed on the special watch list
    described in subparagraph (A) shall not affect in any
    way the determination to be made in the following year
    as to whether a country is complying with the minimum
    standards for the elimination of trafficking or whether
    a country is making significant efforts to bring itself
    into compliance with such standards.''.

    (f) Enhancing United States Assistance.--Section 134(b) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2152d(b)) is amended by adding
    at the end the following new sentence: ``Assistance may be provided
    under this section notwithstanding section 660 of this Act.''.
    (g) Research Relating to Trafficking in Persons.--
    (1) In general.--The Victims of Trafficking and Violence
    Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended by
    inserting after section 112 the following new section:

    [[Page 2884]]
    117 STAT. 2884

    ``SEC. 112A. <> RESEARCH ON DOMESTIC AND
    INTERNATIONAL TRAFFICKING IN PERSONS.

    ``The President, acting through the Council of Economic Advisors,
    the National Research Council of the National Academies, the Secretary
    of Labor, the Secretary of Health and Human Services, the Attorney
    General, the Secretary of State, the Administrator of the United States
    Agency for International Development, and the Director of Central
    Intelligence, shall carry out research, including by providing grants to
    nongovernmental organizations, as well as relevant United States
    Government agencies and international organizations, which furthers the
    purposes of this division and provides data to address the problems
    identified in the findings of this division. Such research initiatives
    shall, to the maximum extent practicable, include, but not be limited
    to, the following:
    ``(1) The economic causes and consequences of trafficking in
    persons.
    ``(2) The effectiveness of programs and initiatives funded
    or administered by Federal agencies to prevent trafficking in
    persons and to protect and assist victims of trafficking.
    ``(3) The interrelationship between trafficking in persons
    and global health risks.''.
    (2) Conforming amendment.--The table of contents of the
    Victims of Trafficking and Violence Protection Act of 2000 is
    amended by inserting after the item relating to section 112 the
    following new item:

    ``Sec. 112A. Research on domestic and international trafficking in
    persons.''.

    (h) Sanctions and Waivers.--Section 110(d) of the Trafficking
    Victims Protection Act of 2000 (22 U.S.C. 7107(d)) is amended--
    (1) in paragraph (4), by inserting after ``nonhumanitarian,
    nontrade-related foreign assistance'' the following: ``or
    funding for participation in educational and cultural exchange
    programs''; and
    (2) in paragraph (5)(A)(i), by inserting after ``foreign
    assistance'' the following: ``or funding for participation in
    educational and cultural exchange programs''.

    (i) Subsequent Waiver Authority.--Section 110 of the Trafficking
    Victims Protection Act of 2000 (22 U.S.C. 7107) is amended by adding at
    the end the following new subsection:
    ``(f) After the President has made a determination described in
    subsection (d)(1) with respect to the government of a country, the
    President may at any time make a determination described in paragraphs
    (4) and (5) of subsection (d) to waive, in whole or in part, the
    measures imposed against the country by the previous determination under
    subsection (d)(1).''.

    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'';

    [[Page 2885]]
    117 STAT. 2885

    (2) in subsection (b), by adding at the end before the
    period the following: ``and $15,000,000 for each of the fiscal
    years 2004 and 2005'';
    (3) in subsection (c)--
    (A) in paragraph (1) to read as follows:
    ``(1) Bilateral assistance to combat trafficking.--
    ``(A) Prevention.--To carry out the purposes of
    section 106, there are authorized to be appropriated to
    the Secretary of State $10,000,000 for each of the
    fiscal years 2004 and 2005.
    ``(B) Protection.--To carry out the purposes of
    section 107(a), there are authorized to be appropriated
    to the Secretary of State $15,000,000 for fiscal year
    2003 and $10,000,000 for each of the fiscal years 2004
    and 2005.
    ``(C) Prosecution and meeting minimum standards.--To
    carry out the purposes of section 134 of the Foreign
    Assistance Act of 1961, there are authorized to be
    appropriated $10,000,000 for each of the fiscal years
    2004 and 2005 to assist in promoting prosecution of
    traffickers and otherwise to assist countries in meeting
    the minimum standards described in section 108 of this
    Act, including $250,000 for each such fiscal year to
    carry out training activities for law enforcement
    officers, prosecutors, and members of the judiciary with
    respect to trafficking in persons at the International
    Law Enforcement Academies.''; and
    (B) in paragraph (2), by striking ``for each of the
    fiscal years 2001, 2002, and 2003'' and inserting ``for
    each of the fiscal years 2001 through 2005'';
    (4) in subsection (d)--
    (A) by adding at the end before the period the
    following: ``and $15,000,000 for each of the fiscal
    years 2004 and 2005''; and
    (B) by adding at the end the following new sentence:
    ``To carry out the purposes of section 134 of the
    Foreign Assistance Act of 1961 (as added by section
    109), there are authorized to be appropriated to the
    President, acting through the Attorney General and the
    Secretary of State, $250,000 for each of fiscal years
    2004 and 2005 to carry out training activities for law
    enforcement officers, prosecutors, and members of the
    judiciary with respect to trafficking in persons at the
    International Law Enforcement Academies.'';
    (5) in subsection (e)--
    (A) in paragraphs (1) and (2), by striking ``for
    fiscal year 2003'' each place it appears and inserting
    ``for each of the fiscal years 2003 through 2005''; and
    (B) by adding at the end the following new
    paragraph:
    ``(3) Research.--To carry out the purposes of section 112A,
    there are authorized to be appropriated to the President
    $300,000 for fiscal year 2004 and $300,000 for fiscal year
    2005.'';
    (6) in subsection (f), by adding at the end before the
    period the following: ``and $10,000,000 for each of the fiscal
    years 2004 and 2005''; and
    (7) by adding at the end the following new subsection:

    ``(g) Limitation on Use of Funds.--

    [[Page 2886]]
    117 STAT. 2886

    ``(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

    [[Page 2887]]
    117 STAT. 2887

    (B) by redesignating the subsection (l) added by
    section 1513(f) of Public Law 106-386 as subsection (m).

    (b) Trafficking Victims Protection Act of 2000.--(1) Section
    103(7)(A)(i) of the Trafficking Victims Protection Act of 2000 (22
    U.S.C. 7102(7)(A)(i)) is amended by inserting after ``part II of that
    Act'' the following: ``in support of programs of nongovernmental
    organizations''.
    (2) Section 107(g) of the Trafficking Victims Protection Act of 2000
    (22 U.S.C. 7105(g)) is amended by striking ``214(n)(1)'' and inserting
    ``214(o)(2)''.

    Approved December 19, 2003.

    LEGISLATIVE HISTORY--H.R. 2620:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-264, Pt. 1 (Comm. on International Relations) and
    Pt. 2 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Nov. 4, 5, considered and passed House.
    Dec. 9, considered and passed Senate.