PUBLIC LAW 108-193
Trafficking Victims Protection Reauthorization Act
|
Prime Sponsor: Mr. Christopher H. Smith of New Jersey |
Below is the full text of the law:
HR 2620 RDS
108th CONGRESS
1st Session
H. R. 2620
IN THE SENATE OF THE UNITED STATES
Received
AN ACT
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Trafficking Victims Protection Reauthorization Act of 2003'.
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.
(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. 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 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).'.
(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 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:
`(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 (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);'.
(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:
(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:
(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).
(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 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 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 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:
`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).'.
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 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-
`(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.'.
(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)'.
Passed the House of Representatives November 5, 2003.
Attest:
JEFF TRANDAHL,
Clerk.
END