[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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