December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10905 

SECTION 238 PROCESSING OF CERTAIN VISAS

Section 238 mandates a report from the Department of Homeland Security concerning 

the work of the Violence Against Women Act 

(VAWA) Unit at the U.S. Citizenship and Immigration Services’ Vermont Service Center. 

The VAWA Unit is a highly-trained adjudication team that is responsible for a number of 

victim-related immigration applications, including but not limited to: the adjudications, 

adjustments, work authorizations, parole, 

fax-back benefits and employment verification, naturalization, and derivative beneficiaries related to such programs as Violence Against Women Act self-petitions (Section 101(a)(51) of the Immigration and Nationality Act); T visas (Section 101(a)(15)(T) 

of the Immigration and Nationality Act), Uvisas (Section 101(a)(15)(U) of the Immigration and Nationality Act; battered spouse 

waivers (Section 216(c)(4)); abused immigrant 

work authorizations (Section 106 of the Immigration and Nationality Act) and parole 

for children of Violence Against Women Act 

cancellation recipients (Public Law 103–222, 

as reauthorized by Public Laws 106–326, 108– 

193, 109–162, and 109–164) and any other matters that are protected by the confidentiality 

provisions of the Violence Against Women 

Act. 

The mandated report seeks information on 

funding, staffing, and training. The Unit 

should continue to be the responsible office 

for the processing of victim-related immigration applications, and such processing should 

be conducted in a manner consistent with 

applicable confidentiality requirements. Offsite adjudication of such applications should 

be considered an extraordinary circumstance, and if cases must be adjudicated 

elsewhere, special care should be taken to 

ensure compliance with confidentiality and 

adjudication standards of the Unit. 

Immigrant victims of domestic violence, 

sexual assault and other violent crimes 

should not have to wait for up to a year before they can support themselves and their 

families. The Vermont Service Center should 

therefore strive to issue work authorization 

and deferred action in most instances within 

60 days of filing, consistent with the need for 

safe and competent adjudication. The mandated report therefore seeks information on 

the timing adjudications, and steps taken to 

improve on this aspect of the Unit’s mission. 

The staff of the Unit are widely respected 

as experts in the effect of trauma and victimization and the heightened confidentiality mandated by the Violence Against 

Women Act, and have historically been not 

only an adjudication team but a policy resource. The mandated report thus includes a 

description of measures taken to ensure that 

the policy expertise of the Unit is fully incorporated into decision-making by the Department of Homeland Security. 

PROVISIONS FROM H.R. 3887 NOT INCLUDED IN

BILL

Several provisions from H.R. 3887 do not 

appear in this version of the legislation. For 

example, the original House bill attempted 

to streamline the investigation and prosecution of certain sex trafficking and related offenses by amending the Mann Act, 18 U.S.C. 

§2421, et seq. The Wilberforce Act reflects a 

different consensus, and achieves these ends 

through modifications to the Slavery/Trafficking Chapter of Title 18 discussed above. 

Specific language regarding the surveys required by section 232 of H.R. 3887 is not included in the bill. However, the provisions of 

paragraph (B)(i) and (ii) of section 201(a)(1) of 

the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)) 

still require that the surveys contained in 

that provision be completed, and section 

237(d) requires the Department of Justice to 

provide the relevant committees a report on 

the status of those surveys, including the 

projected date when such surveys will be 

completed. Also, section 234 of H.R. 3887 proposed a reorganization of functions within 

the Department of Justice. The Department 

of Justice should review the relationship between the Criminal Section of the Civil 

Rights Division and the Child Exploitation 

and Obscenity Section of the Criminal Division and promote a coordinated approach to 

the trafficking prosecutions that these Sections carry out. More critically, the Department and the Federal Bureau of Investigation should assess the division of labor within the Bureau as to trafficking offenses, with 

particular emphasis on servitude cases being 

considered a key civil rights enforcement 

priority. 

Because efforts in the closely-related area 

of prostitution enforcement are important to 

prevent situations from ripening into servitude, the reporting requirements of Section 237 are intended to gain a better understanding of the Criminal Division and United 

States Attorneys Offices’ activities to enforce the Mann Act or those local prostitution offenses that United States Attorneys 

may have jurisdiction over through operation of the District of Columbia Criminal 

Code or the Travel Act 18 U.S.C. §1952 or 

other racketeering tools. 

TITLE III 

Title III authorizes funds for programs, 

projects and activities related to human 

trafficking. In order to promote broad support for the bill, some of the authorization 

for program funding was reduced to levels 

closer to previously appropriated levels, and 

therefore represents a more realistic target 

for future spending. Any reductions in authorizations are not intended to indicate a 

decrease in the importance of any programs, 

but indeed are intended to encourage appropriations at those new levels. It should be 

noted that Department of Homeland Security, Immigration and Customs Enforcement 

is engaging in a number of important investigatory activities abroad and should continue to be fully supported. 

TITLE IV 

Title IV is drawn from title IV of both H.R. 

3887 and S. 3061. The two versions were substantially similar, and the intent of title IV 

is described in House Report 110–430. As in 

both bills, section 404, revised from the text 

of both H.R. 3887 and S. 3061, provides that no 

assistance under section 516 of the Foreign 

Assistance Act (relating to transfers of excess defense articles), section 541 of the Foreign Assistance Act (relating to international military education and training) 

and section 23 of the Arms Export Control 

Act (relating to foreign military financing) 

shall be provided, and no licenses for commercial arm sales may be issued, to countries that are determined to be using or permitting the use of child soldiers in governmental armed forces or government-supported armed forces. While requiring enhanced reporting on child soldiers in the annual country reports on human rights, the 

actual list of countries that are subject to 

this prohibition will be included in the annual Report on Trafficking in Persons, as 

provided for in H.R. 3887, instead of the annual country reports, as provided in S. 3061. 

The country reports should continue to be an 

objective assessment of human rights conditions around the world, and should not be 

used as the specific mechanism for imposing 

sanctions or other matters affecting U.S. relations with other countries. 

The bill was ordered to be engrossed 

and read a third time, was read the 

third time, and passed, and a motion to 

reconsider was laid on the table. 

GENERAL LEAVE 

Mr. BERMAN. Mr. Speaker, I ask 

unanimous consent that all Members 

have 5 legislative days to revise and extend their remarks and to include extraneous material on the bill just considered by the House. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from California? 

There was no objection. 

f 

CONDEMNING THE NOVEMBER 26, 

2008, TERRORIST ATTACKS IN 

MUMBAI, INDIA 

Mr. BERMAN. Mr. Speaker, I ask 

unanimous consent that the Committees on Foreign Affairs and Energy and 

Commerce be discharged from further 

consideration of the resolution (H. Res. 

1532) condemning the November 26, 

2008, terrorist attacks in Mumbai, 

India, and expressing sympathy to the 

innocent victims from India and 

around the world, and ask for its immediate consideration in the House. 

The Clerk read the title of the resolution. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from California? 

There was no objection. 

The text of the resolution is as follows: 

H. RES. 1532 

Whereas, on November 26, 2008, coordinated 

and cowardly acts of violence were carried 

out throughout Mumbai, India, the country’s 

financial capital and largest city; 

Whereas teams of gunmen stormed various 

locations throughout Mumbai, including two 

prominent hotels, a local cafe ́, a Jewish outreach center, a hospital, a railroad station, 

and a cinema, shooting and torturing their 

victims and setting off grenades and explosives along the way; 

Whereas after 60 hours of terror, these attacks were successfully brought to an end on 

November 29, 2008, by the Indian government; 

Whereas media outlets are currently reporting hundreds of injured victims and 172 

fatalities, including 6 Americans; 

Whereas President George W. Bush and 

President-elect Barack Obama immediately 

condemned the Mumbai attacks and extended their condolences and the support of 

the American people to all Indians; 

Whereas this is the second large-scale terrorist attack in Mumbai since the July 2006 

train bombings; 

Whereas India has long been ravaged by 

similar attacks over the past few years in 

other large Indian cities, including 

Ahmedabad, Bangalore, Delhi, and 

Hyderabad, as well as by attacks abroad, 

most recently at the Indian Embassy in 

Kabul; 

Whereas India has been a strong partner of 

the United States in combating violent extremism and offered immediate support to 

the United States after the terrorist attacks 

of September 11, 2001; 

Whereas the United States and India are 

both multicultural, multiethnic, multi-religious democracies that oppose terrorism in 

all its forms and will continue to work steadfastly to overcome terrorist ideologies and 

to promote international peace and security: 

Now, therefore, be it 

Resolved, That the House of Representatives— 

H10906 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

(1) condemns in strongest terms the senseless and barbaric November 26, 2008, terrorist 

attacks in Mumbai, India; 

(2) expresses its condolences to the families and friends of those individuals from 

India and abroad who were killed in the attacks and expresses its deepest sympathies 

to those individuals who have been injured; 

(3) joins with President George W. Bush 

and President-elect Barack Obama in expressing the solidarity of the people and 

Government of the United States with the 

people and Government of India at this difficult time; 

(4) vows its support and readiness to provide all appropriate assistance and resources 

to the Government of India as it works to 

bring the terrorists responsible for the November 26, 2008, attacks to justice; 

(5) expresses its desire for improved coordination between the United States and India, 

with the goal of combating terrorism and advancing international peace and security; 

(6) rejects any effort to confuse or associate the horrific attacks on Mumbai with a 

particular people or faith as a whole; 

(7) notes the Government of Pakistan’s 

condemnation of the attacks and welcomes 

that government’s call for a thorough investigation; 

(8) calls upon the Government of Pakistan 

to— 

(A) work in full cooperation with the Government of India to ensure all those responsible are brought to justice; and 

(B) prevent its territory from serving as a 

safe-haven and training ground for terrorists; and 

(9) calls upon nations around the world to 

renew and strengthen efforts to— 

(A) defeat terrorists by dismantling terrorist networks, restricting the financing of 

such networks, and exposing the violent and 

intolerant ideology of terrorism; 

(B) increase international cooperation to 

advance personal and religious freedoms, 

ethnic and racial tolerance, political liberty 

and pluralism, and economic prosperity; 

(C) combat extremist ideology and the social injustice, oppression, and poverty that 

breeds terrorism; and 

(D) make all appropriate international law 

enforcement, intelligence, and other resources available to the Government of India 

to support a full investigation of the horrific 

terror attacks according to international 

legal standards. 

Mr. SIRES. Mr. Speaker, I rise today in support of this resolution to express my deepest 

sympathies to our friends in India and the innocent victims from around the world. On November 26, 2008, coordinated terrorist attacks 

were carried out across the city of Mumbai, 

India, killing over 170 people and injuring 

more than 300. I am very disturbed by the 

brutality of these acts of terrorism and I condemn them in the strongest terms possible. 

Madame Speaker, I would like the Indian people to know we are standing by them during 

this difficult time and that we hope to find justice for the innocent victims of this terrible 

tragedy. I ask that all my colleagues support 

this resolution. 

The resolution was agreed to. 

A motion to reconsider was laid on 

the table. 

f 

b 1730 

GENERAL LEAVE 

Mr. BERMAN. Mr. Speaker, I ask 

unanimous consent that all Members 

have 5 legislative days to revise and extend their remarks and include extraneous material on the resolution just 

considered by the House. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from California? 

There was no objection. 

f 

ANNOUNCEMENT BY THE SPEAKER 

PRO TEMPORE 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings 

will resume on questions previously 

postponed. 

Votes will be taken in the following 

order: ordering the previous question 

on House Resolution 1534, and adopting 

House Resolution 1534, if ordered. 

The first electronic vote will be conducted as a 15-minute vote. The second 

electronic vote will be conducted as a 

5-minute vote. 

f 

PROVIDING FOR CONSIDERATION 

OF H.R. 7321, AUTO INDUSTRY FINANCING AND RESTRUCTURING 

ACT 

The SPEAKER pro tempore. The unfinished business is the vote on ordering the previous question on House 

Resolution 1534, on which the yeas and 

nays were ordered. 

The Clerk read the title of the resolution. 

The SPEAKER pro tempore. The 

question is on ordering the previous 

question. 

The vote was taken by electronic device, and there were—yeas 225, nays 

180, answered ‘‘present’’ 1, not voting 

27, as follows: 

[Roll No. 687] 

YEAS—225 

Abercrombie 

Ackerman 

Allen 

Altmire 

Andrews 

Arcuri 

Baca 

Baird 

Baldwin 

Barrow 

Bean 

Becerra 

Berkley 

Berman 

Berry 

Bishop (GA) 

Bishop (NY) 

Blumenauer 

Boren 

Boswell 

Boucher 

Boyd (FL) 

Boyda (KS) 

Brady (PA) 

Braley (IA) 

Brown, Corrine 

Butterfield 

Capps 

Capuano 

Cardoza 

Carnahan 

Carson 

Castor 

Cazayoux 

Chandler 

Childers 

Clarke 

Clay 

Cleaver 

Clyburn 

Cohen 

Conyers 

Cooper 

Costello 

Courtney 

Cramer 

Crowley 

Cuellar 

Cummings 

Davis (AL) 

Davis (CA) 

Davis (IL) 

Davis, Lincoln 

DeFazio 

DeGette 

DeLauro 

Dicks 

Dingell 

Doggett 

Donnelly 

Doyle 

Edwards (MD) 

Edwards (TX) 

Ellsworth 

Engel 

Eshoo 

Etheridge 

Farr 

Fattah 

Filner 

Foster 

Frank (MA) 

Fudge 

Gillibrand 

Gonzalez 

Gordon 

Green, Al 

Green, Gene 

Grijalva 

Hall (NY) 

Hare 

Harman 

Herseth Sandlin 

Higgins 

Hinchey 

Hinojosa 

Hirono 

Hodes 

Holden 

Holt 

Honda 

Hoyer 

Inslee 

Israel 

Jackson (IL) 

Jackson-Lee 

(TX) 

Johnson (GA) 

Kagen 

Kanjorski 

Kaptur 

Kennedy 

Kildee 

Kilpatrick 

Kind 

Klein (FL) 

Kucinich 

Lampson 

Langevin 

Larsen (WA) 

Larson (CT) 

Lee 

Levin 

Lewis (GA) 

Lipinski 

Loebsack 

Lofgren, Zoe 

Lowey 

Lynch 

Mahoney (FL) 

Maloney (NY) 

Markey 

Marshall 

Matheson 

Matsui 

McCarthy (NY) 

McCollum (MN) 

McCotter 

McDermott 

McGovern 

McIntyre 

McNerney 

McNulty 

Meek (FL) 

Meeks (NY) 

Melancon 

Michaud 

Miller (MI) 

Miller (NC) 

Miller, George 

Mollohan 

Moore (KS) 

Moore (WI) 

Moran (VA) 

Murphy (CT) 

Murphy, Patrick 

Murtha 

Nadler 

Napolitano 

Neal (MA) 

Oberstar 

Obey 

Olver 

Ortiz 

Pallone 

Pascrell 

Pastor 

Payne 

Perlmutter 

Peterson (MN) 

Pomeroy 

Price (NC) 

Rahall 

Ramstad 

Rangel 

Reyes 

Richardson 

Rodriguez 

Ross 

Rothman 

Roybal-Allard 

Ruppersberger 

Rush 

Ryan (OH) 

Salazar 

Sa ́nchez, Linda 

T. 

Sanchez, Loretta 

Sarbanes 

Schakowsky 

Schiff 

Schwartz 

Scott (GA) 

Scott (VA) 

Serrano 

Sestak 

Shea-Porter 

Sherman 

Shuler 

Sires 

Skelton 

Slaughter 

Smith (WA) 

Solis 

Souder 

Space 

Speier 

Spratt 

Stark 

Stupak 

Sutton 

Tanner 

Tauscher 

Taylor 

Thompson (CA) 

Thompson (MS) 

Tierney 

Towns 

Tsongas 

Udall (CO) 

Udall (NM) 

Upton 

Van Hollen 

Vela ́ zquez 

Visclosky 

Walz (MN) 

Wasserman 

Schultz 

Waters 

Watt 

Waxman 

Weiner 

Welch (VT) 

Wexler 

Wilson (OH) 

Woolsey 

Wu 

Yarmuth 

NAYS—180 

Aderholt 

Akin 

Alexander 

Bachmann 

Bachus 

Barrett (SC) 

Bartlett (MD) 

Barton (TX) 

Biggert 

Bilbray 

Bilirakis 

Bishop (UT) 

Blackburn 

Blunt 

Boehner 

Bonner 

Bono Mack 

Boozman 

Boustany 

Brady (TX) 

Broun (GA) 

Brown (SC) 

Brown-Waite, 

Ginny 

Buchanan 

Burgess 

Burton (IN) 

Buyer 

Calvert 

Camp (MI) 

Cannon 

Cantor 

Capito 

Carney 

Carter 

Castle 

Chabot 

Coble 

Cole (OK) 

Conaway 

Crenshaw 

Culberson 

Davis (KY) 

Davis, David 

Deal (GA) 

Dent 

Diaz-Balart, L. 

Diaz-Balart, M. 

Drake 

Dreier 

Duncan 

Ehlers 

Emerson 

English (PA) 

Fallin 

Feeney 

Ferguson 

Flake 

Forbes 

Fortenberry 

Fossella 

Foxx 

Franks (AZ) 

Frelinghuysen 

Gallegly 

Garrett (NJ) 

Gerlach 

Giffords 

Gingrey 

Gohmert 

Goode 

Goodlatte 

Granger 

Graves 

Hall (TX) 

Hastings (WA) 

Hayes 

Heller 

Hensarling 

Herger 

Hill 

Hobson 

Hoekstra 

Hulshof 

Hunter 

Inglis (SC) 

Issa 

Johnson (IL) 

Johnson, Sam 

Jones (NC) 

Jordan 

King (IA) 

King (NY) 

Kingston 

Kline (MN) 

Knollenberg 

LaHood 

Lamborn 

Latham 

LaTourette 

Latta 

Lewis (CA) 

Lewis (KY) 

Linder 

LoBiondo 

Lucas 

Lungren, Daniel 

E. 

Mack 

Manzullo 

Marchant 

McCarthy (CA) 

McCaul (TX) 

McCrery 

McHenry 

McHugh 

McKeon 

McMorris 

Rodgers 

Mica 

Miller (FL) 

Mitchell 

Moran (KS) 

Murphy, Tim 

Musgrave 

Myrick 

Neugebauer 

Nunes 

Paul 

Pearce 

Pence 

Petri 

Pickering 

Pitts 

Platts 

Poe 

Porter 

Price (GA) 

Putnam 

Radanovich 

Regula 

Rehberg 

Reichert 

Reynolds 

Rogers (AL) 

Rogers (KY) 

Rogers (MI) 

Ros-Lehtinen 

Roskam 

Royce 

Ryan (WI) 

Sali 

Saxton 

Scalise 

Schmidt 

Sessions 

Shadegg 

Shays 

Shimkus 

Shuster 

Simpson 

Smith (NE) 

Smith (NJ) 

Smith (TX) 

Stearns 

Sullivan 

Terry 

Thornberry 

Tiahrt 

Tiberi 

Turner 

Walden (OR) 

Walsh (NY) 

Wamp 

Weller 

Westmoreland 

Whitfield (KY) 

Wilson (NM) 

Wilson (SC) 

Wittman (VA) 

Wolf 

Young (AK) 

Young (FL)