Pub.L. 108-194 To provide assistance for poison prevention and to stabilize the funding of regional poison control centers. <> ...

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[[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 

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