Amending Executive Order 13257 To Implement the Trafficking Victims Protection Reauthorization Act of 2003

Executive Order 13333 of March 18, 2004

Amending Executive Order 13257 To Implement the
Trafficking Victims Protection Reauthorization Act of
2003

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7101 et seq.) (the “Act”), as
amended by the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193), and
section 301 of title 3, United States Code, it is
hereby ordered that Executive Order 13257 of February
13, 2002, is amended as follows:

Section 1. The preamble is amended by: (a) deleting
“7103” and inserting in lieu thereof “7101 et
seq.”; and (b) after the phrase “(the “Act”),”
inserting “and section 301 of title 3, United States
Code,”.

Sec. 2. Section 4 is redesignated as section 8.

Sec. 3. After section 3, the following new sections are
added:

“Sec. 4. Guidelines, Policies, and Regulations. (a)
The Senior Policy Operating Group (SPOG), described in
subsection 105(f) of the Act, shall (i) establish
guidelines and policies to coordinate the activities of
executive branch departments and agencies regarding
policies (including grants and grant policies)
involving the international trafficking in persons and
(ii) advise the Secretary of State what regulations may
be necessary to implement section 105 of the Act,
including such regulations as may be necessary to carry
out the sharing of information on all matters relating
to grants, grant policies, or other significant actions
regarding the international trafficking in persons as
set forth in subsection 105(f)(4) of the Act, to the
extent permitted by law.

    (b) The Secretary of State, in consultation with
the members of the Task Force or their representatives,
shall promulgate regulations to implement section 105
of the Act.

Sec. 5. Enhanced Prevention of Trafficking in Persons.
(a) The Secretary of State, in consultation with the
members of the Task Force or their representatives,
shall carry out the functions under subsection 106(c)
and subsection 106(d) of the Act.

    (b) The Secretary of State shall have the authority
to determine, under section 106(e)(1) of the Act,
foreign destinations where sex tourism is significant.
The Secretary of Homeland Security, in consultation
with the members of the Task Force or their
representatives and appropriate officials of the
Departments of Commerce and Transportation, shall carry
out all other functions under subsection 106(e) of the
Act, including promulgation of any appropriate
regulations relating to the distribution of the
materials described in subsection 106(e).
    (c) The head of each executive branch agency
responsible for the establishment and conduct of
initiatives and programs described in subsections
106(a) through (e) of the Act shall consult with
appropriate nongovernmental organizations consistent
with section 106(f) of the Act.
    (d) The Secretary of State shall have
responsibility to initiate appropriate regulatory
implementation of the requirements set out in section
106(g) of the Act with respect to contracts, including
proposing appropriate amendments to the Federal
Acquisition Regulation. Each affected executive branch
department or agency shall implement, within that
department or agency,

the requirements set out in section 106(g) of the Act
with respect to grants and cooperative agreements.

Sec. 6. Research on Trafficking in Persons. The
entities named in section 112A of the Act shall carry
out the research initiatives required by section 112A
of the Act, and shall award grants according to such
policies and guidelines as may be established by the
SPOG described in section 105(f) of the Act, as well as
any applicable agency rules and regulations.

Sec. 7. Guidance for Exercising Authority and
Performing Duties. In exercising authority delegated
by, or performing functions assigned in, this order,
officers of the United States shall ensure that all
actions taken by them are consistent with the
President's constitutional authority to:

(a)

conduct the foreign affairs of the United States;

(b)

withhold information the disclosure of which could impair the foreign
relations, the national security, the deliberative processes of the
Executive, or the performance of the Executive's constitutional duties;

(c)

recommend for congressional consideration such measures as the President
may judge necessary or expedient; and

(d)

supervise the unitary Executive Branch.”

Sec. 4. Judicial Review. This order is not intended to,
and does not, create any right or benefit, substantive
or procedural, enforceable at law or in equity, by a
party against the United States, its departments,
agencies, entities, officers, employees or agents, or
any other person.

    (Presidential Sig.)B

THE WHITE HOUSE,

    March 18, 2004.