EXECUTIVE
ORDER
EO 13333
Effective Date: March 23, 2004

Responsible Office: Office of General Counsel
Subject: Amending EO 13257 to Implement the trafficking Victims Protection Reauthorization Act of 2003

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,

[[Page 13456]]

                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.
		

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