[108th Congress Public Law 193]
[From the U.S. Government Printing Office]
[DOCID: f:publ193.108]
[[Page 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. <<NOTE: Dec. 19, 2003 - [H.R. 2620]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Trafficking Victims
Protection Reauthorization Act of 2003. 22 USC 7101 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trafficking Victims Protection
Reauthorization Act of 2003''.
SEC. 2. <<NOTE: 22 USC 7101 note.>> 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. <<NOTE: President.>> 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 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 <<NOTE: Deadline.>> 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 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 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 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 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 <<NOTE: Deadline.>> 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 117 STAT. 2881]]
(b) Support for the Task Force.--
(1) Amendment.--The <<NOTE: President.>> 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 <<NOTE: 22 USC 7103
note.>> 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 <<NOTE: Deadline. President.>> 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 <<NOTE: 22 USC 7103 note.>> 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 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 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 <<NOTE: Deadline.>> 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 117 STAT. 2884]]
``SEC. 112A. <<NOTE: President. 22 USC 7109a.>> 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 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 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 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:
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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.
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