Paul and Sheila Wellstone Trafficking Victims Reauthorization Act - Amends the Trafficking Victims Protection Act of 2000 (TVPA) to direct the President to establish programs of border interdiction by providing grants to foreign nongovernmental organizations (NGOs) that provide for transit shelters operating at key border crossings, and help train survivors of trafficking in persons to educate and train border guards, officials, and other law enforcement officials to: (1) identify traffickers and victims of severe forms of trafficking; (2) treat such victims appropriately; and (3) monitor the implementation of border interdiction programs, including helping in the identification of such victims to stop the cross-border transit of victims.
Requires the President to establish programs supporting the production of television and radio programs to inform vulnerable populations overseas of the dangers of trafficking, as well as the public in countries of destination.
Directs the President to require airlines to develop and disseminate materials alerting travelers that sex tourism is illegal.
Directs the President to ensure that any Federal grant, contract, or cooperative agreement under which certain assistance funds relating to international affairs are to be provided to a private entity, in whole or in part, shall include a condition that authorizes the Federal department or agency involved to terminate the grant, contract, or agreement, without penalty, if the grantee or any subgrantee, or the contractor or any subcontractor: (1) engages in specified 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 (2) uses forced labor in the performance of the grant, contract, or agreement.
Extends to nonimmigrant alien family members the same benefits and services available to a trafficking victim.
Revises the benefits and services eligibility criteria for trafficking victims to consider a victim's willingness to assist with a State or local investigation as well as with a Federal investigation.
Allows a victim of criminal trafficking offenses to bring a civil action in any appropriate U.S. district court.
Amends the Immigration and Nationality Act to increase the minimum age at which a trafficking victim is required to assist in investigations and prosecutions to be eligible for a "T" visa.
Adds unmarried siblings under age 18 to the family members of a trafficking victim eligible for a "T" visa.
Amends the Federal criminal code to extend jurisdiction of sex trafficking offenses to acts of trafficking in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States.
Amends the TVPA to require the Interagency Task Force to Monitor and Combat Trafficking to report to specified congressional committees on Federal agencies implementing such Act.
Declares that the Director of Office to Monitor and Combat Trafficking (OMCT) of the Department of State shall be appointed by the President, by and with the advice and consent of the Senate, with the rank of Ambassador-at-Large.
Establishes within the execuvtive branch a Senior Policy Operating Group.
Amends the TVPA to: (1) require the Secretary of State to report annually to specified comgressional committees a watch list of countries that require special scrutiny during the following year; and (2) direct the President, acting through specified entities, to carry out research on trafficking.
Prohibits the use of funds under this Act to promote, support, or advocate the legalization or practice of prostitution.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1830 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1830
To authorize appropriations for fiscal years 2004 and 2005 for the
Trafficking Victims Protection Act of 2000, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 6, 2003
Mr. Brownback introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
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 ``Paul and Sheila Wellstone
Trafficking Victims Reauthorization Act''.
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 (22 U.S.C. 7101 et seq.), 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. 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, at a minimum, be
disseminated to individuals traveling from major United States
airports 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 Paul and Sheila Wellstone
Trafficking Victims Reauthorization Act, the President shall
transmit to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report that describes the feasibility of such
materials being disseminated by airlines organized under the
laws of the United States, other airlines operating in the
United States, and commercial travel agencies to such
travelers. Such report shall include an assessment of the most
useful and practical means for airlines and travel agencies to
provide this information, including brochures, public service
announcements, in-flight videos, and billboards.''; and
(3) in subsection (f) (as redesignated by paragraph (1)),
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--
``(A) 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
``(B) 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 victim 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:
``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 (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:
``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.......... 1581
SEC. 6. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING.
(a) Report.--
(1) In general.--Section 105(d) of the Trafficking Victims
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,
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
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(1)) (as amended by section 4(a)(2)) is further amended
by striking subparagraph (D).
(b) Support for the Task Force.--
(1) Amendment.--The second sentence of section 105(e) of
the Trafficking Victims 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 Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103) (as amended by
subsection (b)(1)) is further 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 Paul and Sheila Wellstone Trafficking
Victims Reauthorization Act, 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 title IV of division B of Public Law 108-7; 22 U.S.C. 7103
note) is hereby repealed.
(d) Minimum Standards for the Elimination of Trafficking.--Section
108(b) of the Trafficking Victims 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 Trafficking Victims Protection Act of
2000 (22 U.S.C. 7101 et seq.) is amended by inserting after
section 112 the following new section:
``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
(Public Law 106-386; 114 Stat. 1464) 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) (as amended by
subsections (e) and (h)) is further 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'';
(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) by amending 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) by striking the period at the end and
inserting ``and $15,000,000 for each of the fiscal years 2004
and 2005. 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.''.
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
(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)''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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