    [Weekly Compilation of Presidential Documents Volume 40, Number 12 (Monday, March 22, 2004)]
    [Pages 428-430]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13333--Amending Executive Order 13257 To Implement the
    Trafficking Victims Protection Reauthorization Act of 2003

    March 18, 2004

        By the authority vested in me as President by the Constitution and
    the laws of the United States of America, including the Trafficking
    Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.) (the ``Act''),
    as amended by the Trafficking Victims Protection Reauthorization Act of
    2003 (Public Law 108-193), and section 301 of title 3, United States
    Code, it is hereby ordered that Executive Order 13257 of February 13,
    2002, is amended as follows:
        Section 1.  The preamble is amended by: (a) deleting ``7103'' and
    inserting in lieu thereof ``7101 et seq.''; and (b) after the phrase
    ``(the ``Act''),'' inserting ``and section 301 of title 3, United States
    Code,''.
        Sec. 2.  Section 4 is redesignated as section 8.
        Sec. 3.  After section 3, the following new sections are added:
        ``Sec. 4. Guidelines, Policies, and Regulations. (a) The Senior
    Policy Operating Group (SPOG), described in subsection 105(f) of the
    Act, shall (i) establish guidelines and policies to coordinate the
    activities of executive branch departments and agencies regarding
    policies (including grants and grant policies)

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    involving the international trafficking in persons and (ii) advise the
    Secretary of State what regulations may be necessary to implement
    section 105 of the Act, 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 as set forth in subsection
    105(f)(4) of the Act, to the extent permitted by law.
        (b) The Secretary of State, in consultation with the members of the
    Task Force or their representatives, shall promulgate regulations to
    implement section 105 of the Act.
        Sec. 5. Enhanced Prevention of Trafficking in Persons. (a) The
    Secretary of State, in consultation with the members of the Task Force
    or their representatives, shall carry out the functions under subsection
    106(c) and subsection 106(d) of the Act.
        (b) The Secretary of State shall have the authority to determine,
    under section 106(e)(1) of the Act, foreign destinations where sex
    tourism is significant. The Secretary of Homeland Security, in
    consultation with the members of the Task Force or their representatives
    and appropriate officials of the Departments of Commerce and
    Transportation, shall carry out all other functions under subsection
    106(e) of the Act, including promulgation of any appropriate regulations
    relating to the distribution of the materials described in subsection
    106(e).
        (c) The head of each executive branch agency responsible for the
    establishment and conduct of initiatives and programs described in
    subsections 106(a) through (e) of the Act shall consult with appropriate
    nongovernmental organizations consistent with section 106(f) of the Act.
        (d) The Secretary of State shall have responsibility to initiate
    appropriate regulatory implementation of the requirements set out in
    section 106(g) of the Act with respect to contracts, including proposing
    appropriate amendments to the Federal Acquisition Regulation. Each
    affected executive branch department or agency shall implement, within
    that department or agency, the requirements set out in section 106(g) of
    the Act with respect to grants and cooperative agreements.
        Sec. 6. Research on Trafficking in Persons. The entities named in
    section 112A of the Act shall carry out the research initiatives
    required by section 112A of the Act, and shall award grants according to
    such policies and guidelines as may be established by the SPOG described
    in section 105(f) of the Act, as well as any applicable agency rules and
    regulations.
        Sec. 7. Guidance for Exercising Authority and Performing Duties. In
    exercising authority delegated by, or performing functions assigned in,
    this order, officers of the United States shall ensure that all actions
    taken by them are consistent with the President's constitutional
    authority to:
     (a)         conduct the foreign affairs of the United States;
     (b)         withhold information the disclosure of which could impair
                the foreign relations, the national security, the
                deliberative processes of the Executive, or the performance
                of the Executive's constitutional duties;
     (c)         recommend for congressional consideration such measures as
                the President may judge necessary or expedient; and
     (d)         supervise the unitary Executive Branch.''
        Sec. 4. Judicial Review. This order is not intended to, and does
    not, create any right or benefit, substantive or procedural, enforceable
    at law or in equity, by a party against the United States, its
    departments, agencies, entities, officers, employees or agents, or any
    other person.
                                                    George W. Bush
     The White House,
     March 18, 2004.

     [Filed with the Office of the Federal Register, 8:45 a.m., March 22,
    2004]

    Note: This Executive order will be published in the Federal Register on
    March 23.

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