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Latin America
Women & Children at Risk
 
Title: H.R.2620: Trafficking Victims Protection Reauthorization Act of 2003
Publisher: 108th Congress - 1st Session
Publish Date: 2003-12-22
 

Washington, DC, December 22, 2003

108th CONGRESS
1st Session
H. R. 2620

AN ACT

To authorize appropriations for fiscal years 2004 and 2005 for the Trafficking Victims Protection Act of 2000, and for other purposes.

HR 2620 EH
108th CONGRESS
1st Session
H. R. 2620

--------------------------------------------------------------------------------
AN ACT

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 `Trafficking Victims Protection Reauthorization Act of 2003'.

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 (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. 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 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).'.

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 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:.AEMD78AF
`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 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: