(A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter. (B) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter. (2) The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection. (d) WITNESS PROTECTION.-Any violation of this chapter shall be considered an organized criminal activity or other serious offense for the purposes of application of chapter 224 (relating to witness protection). & Sec. 1595.6 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. 6 Added by sec. 4(a)(4)(A) of the Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2878). (4) President's Interagency Task Force to Monitor and Combat Trafficking in Persons Executive Order 132571 of February 13, 2002 (67 F.R. 7259); amended by Executive Order 13286 of February 28, 2003 (68 F.R. 10619); and by Executive Order 13333 of March 18, 2004 (69 F.R. 13455) 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.)2 (the "Act"), and section 301 of title 3, United States Code,3 and in order to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims, it is hereby ordered as follows: Section 1. (a) The President's Interagency task Force to Monitor and Combat Trafficking in Persons is hereby established. (b) The Task Force shall consist of: (i) the Secretary of State; (ii) the Attorney General; (iv) the Secretary of Health and Human Services; (v) the Secretary of Homeland Security; 4 (vi) the Director of Central Intelligence; (vii) the Director of the Office of Management and Budget; (viii) the Administrator of the United States Agency for International Development; and (ix) any additional officers or employees of the United States as may be designated by the President. (c) The Task Force shall be chaired by the Secretary of State. Sec. 2. Activities. The Task Force shall, consistent with applicable law and the constitutional authorities and duties of the President, carry out the following activities: (a) coordinate the implementation of the Act; (b) measure and evaluate progress of the United States and other countries in the areas of trafficking in persons prevention, protection, and assistance to victims of trafficking in persons, and prosecutions and other enforcement efforts against traffickers, including the role of public corruption in facilitating trafficking in persons; (c) assist the Secretary of State in the preparation of the annual reports described in section 110 of the Act; 122 U.S.C. 7103 note. 2 Sec. 1(a) of Executive Order 13333 (March 18, 2004; 69 F.R. 13455) struck out "7103" and inserted in lieu thereof "7101 et seq.". 3 Sec. 1(b) of Executive Order 13333 (March 18, 2004; 69 F.R. 13455) inserted "and section 301 of title 3, United States Code,". 4 Added by sec. 5 of Executive Order 13286 (68 F.R. 10619), which then redesignated the clauses that followed the amendment. (d) expand interagency procedures to collect and organize data, including significant research and resource information on domestic and international trafficking in persons, while ensuring that any data collection procedures involved, respect the confidentiality of victims of trafficking in persons; (e) engage in efforts to facilitate cooperation among countries of origin, transit, and destination, and such efforts shall aim to strengthen local and regional capacities to prevent trafficking in persons, prosecute traffickers and assist trafficking victims; shall include initiatives to enhance cooperative efforts between destination countries, transit countries, and countries of origin; and shall assist in the appropriate reintegration of stateless victims of trafficking in persons; (f) examine the role of the international "sex tourism" industry in the trafficking of persons and in the sexual exploitation of women and children around the world; (g) engage in consultation and advocacy with governmental and nongovernmental organizations, among other entities, to advance the purposes of the Act; and (h) address such other matters related to the purposes of the Act as the President may determine. Sec. 3. Administration. (a) The Department of State shall provide funding and administrative support for the Task Force, except as otherwise provided by the Act. (b) At the call of the Chair, the Task Force shall meet as necessary to accomplish its mission. (c) Task Force members may designate representatives from their respective agencies to represent them at Task Force meetings. (d) Whenever the work of the Task Force involves a matter committed by law or Presidential directive to the consideration of the National Security Council, or by Executive Order 13228 of October 8, 2001, to the consideration of the Homeland Security Council, that work shall be undertaken, and any communication by the Secretary of State to the President shall be undertaken, in a manner consistent with such law, Presidential directive, or Executive Order. (e) The Task Force shall have no directive authority or other substantial independent authority. (f) As necessary and appropriate, the Task Force shall report to the President, through the Secretary of State, the following: (i) progress on the implementation of the Act, and (ii) recommendations for United States policy to monitor and eliminate trafficking in persons and to protect the victims of trafficking in persons. Sec. 4.5 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 5 Sec. 3 of Executive Order 13333 (March 18, 2004; 69 F.R. 13455) added secs. 4 through 7. 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. 5.5 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 subsec. 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. 6.5 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. 7.5 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. 8.6 Judicial Review. This order does not create any rights or benefits, enforceable at law or equity, against the Untied States, its departments, its agencies, or other entities, its officers or employees, or any other person. Originally sec. 4; redesignated as sec. 8 by sec. 2 of Executive Order 13333 (March 18, 2004; 69 F.R. 13455). |