PUBLIC LAW 108-193

Trafficking Victims Protection Reauthorization Act

• Requiring that U.S. Government contracts relating to international affairs contain clauses authorizing termination by the United States if the contractor engages in human trafficking or procures commercial sexual services while the contract is in force;
• Promoting innovative trafficking prevention initiatives, such as border interdiction programs; and
• Requiring the administration to inform travelers to selected locations about U.S. laws against sex tourism.

The TVPRA would enhance protections for trafficking victims through the following provisions:

• Allowing State or local law enforcement authorities to assist in identifying the victims of trafficking who have cooperated in the investigation or prosecution of trafficking crimes;
• Allowing trafficking victims to sue their traffickers in U.S. courts;
• Eliminating the requirement that a victim of trafficking between the ages of 15 and 18 must cooperate with the investigation and prosecution of his or her trafficker in order to be eligible for a T-visa;
• Allowing benefits and services available to victims of trafficking to be available for their family members legally entitled to join them in United States; and
• Creating an age-out protection for family reunification visas for applicants who apply before they are 21 but whose application processing period takes them past that age.

The TVPRA would enhance prosecution of trafficking-related crimes through the following provisions:

• Permitting federal anti-trafficking statutes to be used to prosecute acts of trafficking involving foreign commerce or occurring in the special maritime or territorial jurisdiction of the United States;
• Making human trafficking crimes predicate offenses for RICO charges; and
• Encouraging the use of International Law Enforcement Academies to train foreign law enforcement authorities, prosecutors and members of the judiciary regarding human trafficking.

The TVPRA would improve the U.S. Government’s response to trafficking through the following provisions:

• Creating a Special Watch List to keep pressure on countries on various Tiers in the trafficking report and adding new criteria for the State Department to consider in drafting the trafficking in persons report, including evaluating progress from year to year;
• Encouraging critical research initiatives;
• Mandating a report on federal agencies’ implementation of the Trafficking Victims Protection Act;
• Designating that the Director of the State Department Office to Monitor and Combat Trafficking shall have the rank of Ambassador-at-Large; and
• Prohibiting the use of funds to promote, support, or advocate the legalization or practice of prostitution.

The TVPRA would reauthorize appropriations for each of FY 2004 and 2005:

• $5 million to the Interagency Task Force to Monitor and Combat Trafficking;
• $15 million to the Department of Health and Human Services;
• $10 million to the Secretary of State to provide assistance for victims in other countries; $10 million for programs to improve law enforcement and prosecution; and $10 million for trafficking prevention initiatives;
• $300,000 to the Organization for Security and Cooperation in Europe for trafficking prevention and legal reform programs;
• $15 million to the Department of Justice for assistance to victims in the United States and $250,000 for anti-trafficking training activities at the International Law Enforcement Academies (ILEAs);
• $15 million to the President for foreign victim assistance (prevention activities); $15 million for assistance to foreign countries to meet the minimum standards to combat trafficking; $300,000 for research; and $250,000 for anti-trafficking training activities at the ILEAs; and
• $10 million to the Department of Labor.