H10888 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

Although the bill does not provide for parachutes for executives, the executives’ compensation remains the same. 

This is because the Treasury will chiefly 

purchase mortgage-backed securities which 

will make the federal government one of several co-owners of millions of mortgages. 

Whether or not any mortgages are modified 

will be determined by the loan servicer acting 

on behalf of all the various investors who own 

a piece of the mortgage. That is why Section 

108(d) states in part, ‘‘The Secretary shall request loan services servicing the mortgage 

loans to avoid preventable foreclosures.’’ Congress has already requested all loan servicers 

nationwide to avoid preventable foreclosures, 

so an additional request from the Treasury is 

unlikely to change current behavior. 

REPUBLICAN COMMENTARY

Republican critics of the bill argue that the 

bill rescues persons that lack financial responsibility because they were living beyond their 

means or that the bill helps minorities who did 

not exercise fiscal responsibility. There is simply no credibility to these arguments. As I 

have attempted to stress today, the mortgage 

foreclosure crisis affects all Americans. Financial institutions engaged in speculation on Wall 

Street that we now see has had a deleterious 

effect on Main Street. 

Speculation, in a financial context, is the assumption of the risk of loss, in return for the 

uncertain possibility of a reward. Speculation 

is one of the main causes of various economic 

crises around the world. In fact, speculators 

have played a major role in the present crisis. 

The speculators were greedy. 

Nonprofits such as ACORN, NACA, and 

Homefree USA, among many others, have 

long been waging consumer campaigns to 

educate borrowers about the various financial 

instruments. And, I am resoundingly grateful to 

them for their hard work. We cannot make 

them the scapegoats. These organizations 

have allowed persons who might not otherwise have the knowledge or the opportunity to 

purchase a home, the opportunity to do so in 

the right way. These nonprofits should be applauded. 

Everyone deserves the economic dream of 

owning their own home. But the financial institutions were dilatory in their responsibility to 

assess the borrower’s ability to pay for loans 

and purchase a home. It was the squandering 

of this responsibility and preoccupation with 

greed and avarice that has led us to where we 

are today. 

There are substantial improvements in the 

present version of the bill compared to the 

Bush administration proposal. However, the 

bill as it is presently written does not provide 

the necessary relief to middle-class America. 

Frankly, the bill provides no panacea to our 

present economic woes. Our markets will have 

the full faith and credit of the United States. 

This bill has not sent a sufficiently clear message because it lacks enforcement. 

There are provisions now that address accountability measures by requiring a plan to 

ensure the taxpayer is repaid in full, and requiring Congressional review after the first 

$350 billion for future payments. 

Principally, there are three phases of a financial rescue with strong taxpayer protections: reinvest, reimburse, and reform. One of 

the phases is to re-invest in the troubled financial markets to stabilize the markets. Another, 

reimburses the taxpayer and requires a plan 

to guarantee that they will be repaid in full. 

The last is to reform how business is done on 

Wall Street. The current legislation provides 

for fewer golden parachutes and, to its credit, 

provides sweeping Congressional oversight. 

There are critical improvements to the rescue plan that yield greater protection to the 

American taxpayers and even to Main Street. 

The protection for taxpayers include the following: 

(1) gives taxpayers a share of the profits of 

participating companies, or puts taxpayers first 

in line to recover assets if a company fails; 

and 

(2) allows the government to also purchase 

troubled assets from pension plans, local governments, and small banks that serve lowand middle-income families. 

For companies publicly auctioning over 

$300 million: 

(1) there will be no multi-million dollar golden parachutes for top five executives after 

auction, although nothing prevents these executives from still reaping enormous salaries. 

(2) there will be no tax deduction for executive compensation over $500,000. 

However, with a ‘‘pause’’ we can help the financial markets and make America secured. 

MY AMENDMENT LANGUAGE

While the bill has some improvements, what 

is missing from the bill are serious enforcement mechanisms. The language of the bill 

was good and was marked improvement over 

what the Administration has sent to us last 

week, but more work needs to be done on the 

bill. There are still elements that added to the 

bill. 

The bill provides for the creation of a Financial Stability Oversight Board in Section 104. 

The bill also establishes a special inspector 

general for the troubled asset relief program in 

Section 121. Lastly, section 125 establishes 

the Congressional Oversight Panel. Importantly, these sections lack any real enforcement. These sections require reports and investigation; however, there is no criminal 

sanction for any malfeasance perpetrated by 

employers. 

One of my amendments would have established an Oversight Board that would have 

had the authority to issue criminal penalties 

and civil sanctions. My amendment would 

have provided a strong enforcement mechanism and would have been effective in ensuring that this crisis does not occur again. It 

would send a clear message to Wall Street. 

Another one of my amendments would have 

added serious judicial review to section 119. 

Section 119 presently provides that no injunction or other form of equitable relief shall be 

issued against the Secretary other than to 

remedy a violation of the Constitution. My 

amendment would have allowed meaningful 

judicial review because it would have allowed 

injunctive and other forms of equitable relief 

insofar as the grant of such relief did not disrupt financial markets. These are remedies 

available at law and in equity. I see no compelling reason why such relief should not be 

granted in the financial context. 

The bill has no bankruptcy provisions. The 

bill does not permit homeowners who are 

presently in mortgage foreclosure from declaring Chapter 11 and 13 bankruptcy. Importantly, my amendment would allow homeowners in default of their mortgages to restructure their loan, thus providing immediate 

relief to the homeowner. 

Because the bill is devoid bankruptcy relief, 

I offered another amendment to set aside 

$125 million as a firm allotment to address the 

question of individual American homeowners 

facing foreclosure. I believe that this would 

have provided relief in the absence of any extension of the bankruptcy code to address current homeowners in mortgage foreclosure. 

I believe that Wall Street is an important 

and vital part of the nation’s economy. I believe that the people who work there are good. 

It is a well known fact that financial markets 

do not always serve small businesses and minorities. I have personally had experiences 

where good hardworking people and small 

business owners were denied access to financial markets. 

I believe in America and I believe in its Constitution. I believe that we can create a bill that 

would allow constant monitoring and vigilance 

and would help the American people. 

I am reminded of the Preamble to our Constitution, which reads: 

‘‘We the People of the United States, in 

Order to form a more perfect Union, establish 

Justice, insure domestic Tranquility, provide 

for the common defence, promote the general 

Welfare, and secure the Blessings of Liberty 

to ourselves and our Posterity, do ordain and 

establish this Constitution for the United 

States of America.’’ 

I would like to end with a quote from Alexander Hamilton: ‘‘the sacred rights of mankind 

are not to be rummaged for, among old parchments, or musty records. They are written, as 

with a sun beam in the whole volume of 

human nature, by the hand of the divinity itself 

and can never be erased or obscured by mortal power.’’ 

Let us work to provide the American people 

with the sun beam. Let us work to provide legislation that works and that serves the American people. 

The SPEAKER pro tempore. The gentleman from California is recognized 

for 30 seconds. 

Mr. DREIER. Mr. Speaker, I urge a 

‘‘no’’ vote on the rule, and I yield back 

the balance of my time. 

Ms. SLAUGHTER. Mr. Speaker, I 

want to urge everybody to vote ‘‘yes.’’ 

I yield back the balance of my time, 

and I move the previous question on 

the resolution. 

The SPEAKER pro tempore. The 

question is on ordering the previous 

question. 

The question was taken; and the 

Speaker pro tempore announced that 

the ayes appeared to have it. 

Mr. DREIER. Mr. Speaker, on that I 

demand the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

f 

WILLIAM WILBERFORCE TRAFFICKING VICTIMS PROTECTION 

REAUTHORIZATION ACT OF 2008 

Mr. BERMAN. Mr. Speaker, I ask 

unanimous consent that the Committees on Foreign Affairs, Energy and 

Commerce and the Judiciary be discharged from further consideration of 

the bill (H.R. 7311) to authorize appropriations for fiscal years 2008 through 

December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10889 

2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, 

and for other purposes, and ask for its 

immediate consideration in the House. 

The Clerk read the title of the bill. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from California? 

There was no objection. 

The text of the bill is as follows: 

H.R. 7311 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as 

the ‘‘William Wilberforce Trafficking Victims Protection Reauthorization Act of 

2008’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COMBATING INTERNATIONAL 

TRAFFICKING IN PERSONS 

Sec. 101. Interagency Task Force to Monitor 

and Combat Trafficking. 

Sec. 102. Office to Monitor and Combat Trafficking. 

Sec. 103. Prevention and prosecution of trafficking in foreign countries. 

Sec. 104. Assistance for victims of trafficking in other countries. 

Sec. 105. Increasing effectiveness of antitrafficking programs. 

Sec. 106. Minimum standards for the elimination of trafficking. 

Sec. 107. Actions against governments failing to meet minimum standards. 

Sec. 108. Research on domestic and international trafficking in persons. 

Sec. 109. Presidential Award for Extraordinary Efforts to Combat Trafficking in Persons. 

Sec. 110. Report on activities of the Department of Labor to monitor and 

combat forced labor and child 

labor. 

Sec. 111. Sense of Congress regarding multilateral framework between 

labor exporting and labor importing countries. 

TITLE II—COMBATING TRAFFICKING IN 

PERSONS IN THE UNITED STATES 

Subtitle A—Ensuring Availability of 

Possible Witnesses and Informants 

Sec. 201. Protecting trafficking victims 

against retaliation. 

Sec. 202. Protections for domestic workers 

and other nonimmigrants. 

Sec. 203. Protections, remedies, and limitations on issuance for A–3 and G– 

5 visas. 

Sec. 204. Relief for certain victims pending 

actions on petitions and applications for relief. 

Sec. 205. Expansion of authority to permit 

continued presence in the 

United States. 

Subtitle B—Assistance for Trafficking 

Victims 

Sec. 211. Assistance for certain nonimmigrant status applicants. 

Sec. 212. Interim assistance for children. 

Sec. 213. Ensuring assistance for all victims 

of trafficking in persons. 

Subtitle C—Penalties Against Traffickers 

and Other Crimes 

Sec. 221. Restitution of forfeited assets; enhancement of civil action. 

Sec. 222. Enhancing penalties for trafficking 

offenses. 

Sec. 223. Jurisdiction in certain trafficking 

offenses. 

Sec. 224. Bail conditions, subpoenas, and repeat offender penalties for sex 

trafficking. 

Sec. 225. Promoting effective State enforcement. 

Subtitle D—Activities of the United States 

Government 

Sec. 231. Annual report by the Attorney 

General. 

Sec. 232. Investigation by the Inspectors 

General. 

Sec. 233. Senior Policy Operating Group. 

Sec. 234. Preventing United States travel by 

traffickers. 

Sec. 235. Enhancing efforts to combat the 

trafficking of children. 

Sec. 236. Restriction of passports for sex 

tourism. 

Sec. 237. Additional reporting on crime. 

Sec. 238. Processing of certain visas. 

Sec. 239. Temporary increase in fee for certain consular services. 

TITLE III—AUTHORIZATIONS OF 

APPROPRIATIONS 

Sec. 301. Trafficking Victims Protection Act 

of 2000. 

Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005. 

Sec. 303. Rule of construction. 

Sec. 304. Technical amendments. 

TITLE IV—CHILD SOLDIERS 

PREVENTION 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Sense of Congress. 

Sec. 404. Prohibition. 

Sec. 405. Reports. 

Sec. 406. Training for foreign service officers. 

Sec. 407. Effective date; applicability. 

TITLE I—COMBATING INTERNATIONAL 

TRAFFICKING IN PERSONS 

SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING. 

Section 105(b) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7103(b)) is 

amended by inserting ‘‘the Secretary of Education,’’ after ‘‘the Secretary of Homeland 

Security,’’. 

SEC. 102. OFFICE TO MONITOR AND COMBAT 

TRAFFICKING. 

Section 105(e) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7103(e)) is 

amended— 

(1) in the subsection heading, by striking 

‘‘SUPPORT FOR THE TASK FORCE’’ and inserting ‘‘OFFICE TO MONITOR AND COMBAT TRAFFICKING’’; 

(2) by striking ‘‘The Secretary of State is 

authorized to’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary of State 

shall’’; and 

(3) by adding at the end the following: 

‘‘(2) COORDINATION OF CERTAIN ACTIVITIES.— 

‘‘(A) PARTNERSHIPS.—The Director, in coordination and cooperation with other officials at the Department of State involved in 

corporate responsibility, the Deputy Under 

Secretary for International Affairs of the Department of Labor, and other relevant officials of the United States Government, shall 

promote, build, and sustain partnerships between the United States Government and 

private entities (including foundations, universities, corporations, community-based organizations, and other nongovernmental organizations) to ensure that— 

‘‘(i) United States citizens do not use any 

item, product, or material produced or extracted with the use of labor from victims of 

severe forms of trafficking; and 

‘‘(ii) such entities do not contribute to 

trafficking in persons involving sexual exploitation. 

‘‘(B) UNITED STATES ASSISTANCE.—The Director shall be responsible for— 

‘‘(i) all policy, funding, and programming 

decisions regarding funds made available for 

trafficking in persons programs that are centrally controlled by the Office to Monitor 

and Combat Trafficking; and 

‘‘(ii) coordinating any trafficking in persons programs of the Department of State or 

the United States Agency for International 

Development that are not centrally controlled by the Director.’’. 

SEC. 103. PREVENTION AND PROSECUTION OF 

TRAFFICKING IN FOREIGN COUNTRIES. 

(a) PREVENTION.—Section 106 of the Trafficking Victims Protection Act of 2000 (22 

U.S. C. 7104) is amended by adding at the end 

the following: 

‘‘(i) ADDITIONAL MEASURES TO PREVENT

AND DETER TRAFFICKING.—The President 

shall establish and carry out programs to 

prevent and deter trafficking in persons, including— 

‘‘(1) technical assistance and other support 

to improve the capacity of foreign governments to investigate, identify, and carry out 

inspections of private entities, including 

labor recruitment centers, at which trafficking victims may be exploited, particularly exploitation involving forced and child 

labor; 

‘‘(2) technical assistance and other support 

for foreign governments and nongovernmental organizations to provide immigrant 

populations with information, in the native 

languages of the major immigrant groups of 

such populations, regarding the rights of 

such populations in the foreign country and 

local in-country nongovernmental organization-operated hotlines; 

‘‘(3) technical assistance to provide legal 

frameworks and other programs to foreign 

governments and nongovernmental organizations to ensure that— 

‘‘(A) foreign migrant workers are provided 

the same protection as nationals of the foreign country; 

‘‘(B) labor recruitment firms are regulated; 

and 

‘‘(C) workers providing domestic services 

in households are provided protection under 

labor rights laws; and 

‘‘(4) assistance to foreign governments to 

register vulnerable populations as citizens or 

nationals of the country to reduce the ability of traffickers to exploit such populations.’’. 

(b) PROSECUTION.—Section 134(a)(2) of the 

Foreign Assistance Act of 1961 (22 U.S.C. 

2152d(a)(2)) is amended by adding at the end 

before the semicolon the following: ‘‘, including investigation of individuals and entities 

that may be involved in trafficking in persons involving sexual exploitation’’. 

SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN OTHER COUNTRIES. 

Section 107(a) of Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(a)) is 

amended— 

(1) in paragraph (1)— 

(A) in the second sentence, by inserting before the period at the end the following: ‘‘, 

and shall be carried out in a manner which 

takes into account the cross-border, regional, and transnational aspects of trafficking in persons’’; and 

(B) by adding at the end the following: 

‘‘(F) In cooperation and coordination with 

relevant organizations, such as the United 

Nations High Commissioner for Refugees, 

the International Organization for Migration, and private nongovernmental organizations that contract with, or receive grants 

from, the United States Government to assist refugees and internally displaced persons, support for— 

H10890 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

‘‘(i) increased protections for refugees and 

internally displaced persons, including outreach and education efforts to prevent such 

refugees and internally displaced persons 

from being exploited by traffickers; and 

‘‘(ii) performance of best interest determinations for unaccompanied and separated 

children who come to the attention of the 

United Nations High Commissioner for Refugees, its partner organizations, or any organization that contracts with the Department 

of State in order to identify child trafficking 

victims and to assist their safe integration, 

reintegration, and resettlement.’’; and 

(2) in paragraph (2), by adding at the end 

the following: ‘‘In carrying out this paragraph, the Secretary and the Administrator 

shall take all appropriate steps to ensure 

that cooperative efforts among foreign countries are undertaken on a regional basis.’’. 

SEC. 105. INCREASING EFFECTIVENESS OF ANTITRAFFICKING PROGRAMS. 

The Trafficking Victims Protection Act of 

2000 (22 U.S.C. 7101 et seq.) is amended by inserting after section 107 the following: 

‘‘SEC. 107A. INCREASING EFFECTIVENESS OF 

ANTI-TRAFFICKING PROGRAMS. 

‘‘(a) AWARDING OF GRANTS, COOPERATIVE

AGREEMENTS, AND CONTRACTS.—In administering funds made available to carry out 

this Act within and outside the United 

States— 

‘‘(1) solicitations of grants, cooperative 

agreements, and contracts for such programs 

shall be made publicly available; 

‘‘(2) grants, cooperative agreements, and 

contracts shall be subject to full and open 

competition, in accordance with applicable 

laws; and 

‘‘(3) the internal department or agency review process for such grants, cooperative 

agreements, and contracts shall not be subject to ad hoc or intermittent review or influence by individuals or organizations outside the United States Government except as 

provided under paragraphs (1) and (2). 

‘‘(b) ELIGIBILITY.— 

‘‘(1) IN GENERAL.—An applicant desiring a 

grant, contract, or cooperative agreement 

under this Act shall certify that, to the extent practicable, persons or entities providing legal services, social services, health 

services, or other assistance have completed, 

or will complete, training in connection with 

trafficking in persons. 

‘‘(2) DISCLOSURE.—If appropriate, applicants should indicate collaboration with 

nongovernmental organizations, including 

organizations with expertise in trafficking in 

persons. 

‘‘(c) EVALUATION OF ANTI-TRAFFICKING PROGRAMS.— 

‘‘(1) IN GENERAL.—The President shall establish a system to evaluate the effectiveness and efficiency of the assistance provided 

under anti-trafficking programs established 

under this Act on a program-by-program 

basis in order to maximize the long-term 

sustainable development impact of such assistance. 

‘‘(2) REQUIREMENTS.—In carrying out paragraph (1), the President shall— 

‘‘(A) establish performance goals for the 

assistance described in paragraph (1), expressed in an objective and quantifiable 

form, to the extent practicable; 

‘‘(B) ensure that performance indicators 

are used for programs authorized under this 

Act to measure and assess the achievement 

of the performance goals described in subparagraph (A); 

‘‘(C) provide a basis for recommendations 

for adjustments to the assistance described 

in paragraph (1) to enhance the impact of 

such assistance; and 

‘‘(D) ensure that evaluations are conducted 

by subject matter experts in and outside the 

United States Government, to the extent 

practicable. 

‘‘(d) TARGETED USE OF ANTI-TRAFFICKING

PROGRAMS.—In providing assistance under 

this division, the President should take into 

account the priorities and country assessments contained in the most recent report 

submitted by the Secretary of State to Congress pursuant to section 110(b). 

‘‘(e) CONSISTENCY WITH OTHER PROGRAMS.— 

The President shall ensure that the design, 

monitoring, and evaluation of United States 

assistance programs for emergency relief, development, and poverty alleviation under 

part I and chapter 4 of part II of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2151 et seq. 

and 2346 et seq.) and other similar United 

States assistance programs are consistent 

with United States policies and other United 

States programs relating to combating trafficking in persons. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

For each of the fiscal years 2008 through 2011, 

not more than 5 percent of the amounts 

made available to carry out this division 

may be used to carry out this section, including— 

‘‘(1) evaluations of promising anti-trafficking programs and projects funded by the 

disbursing agency pursuant to this Act; and 

‘‘(2) evaluations of emerging problems or 

global trends.’’. 

SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. 

Section 108 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106) is amended— 

(1) in subsection (a), by striking ‘‘a significant number of’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking the period 

at the end of the first sentence and inserting 

the following: ‘‘, including, as appropriate, 

requiring incarceration of individuals convicted of such acts. For purposes of the preceding sentence, suspended or significantlyreduced sentences for convictions of principal actors in cases of severe forms of trafficking in persons shall be considered, on a 

case-by-case basis, whether to be considered 

an indicator of serious and sustained efforts 

to eliminate severe forms of trafficking in 

persons.’’; 

(B) in paragraph (2), by inserting before the 

period at the end the following: ‘‘, including 

by providing training to law enforcement 

and immigration officials regarding the identification and treatment of trafficking victims using approaches that focus on the 

needs of the victims’’; 

(C) in paragraph (3), by striking ‘‘measures 

to reduce the demand for commercial sex 

acts and for participation in international 

sex tourism by nationals of the country’’ and 

inserting ‘‘measures to establish the identity 

of local populations, including birth registration, citizenship, and nationality’’; and 

(D) by adding at the end the following: 

‘‘(11) Whether the government of the country has made serious and sustained efforts to 

reduce the demand for— 

‘‘(A) commercial sex acts; and 

‘‘(B) participation in international sex 

tourism by nationals of the country.’’. 

SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS. 

(a) COUNTRIES ON SPECIAL WATCH LIST RELATING TO TRAFFICKING IN PERSONS FOR 2 

CONSECUTIVE YEARS.—Section 110(b)(3) of the 

Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7107(b)(3)) is amended by adding at 

the end the following: 

‘‘(D) COUNTRIES ON SPECIAL WATCH LIST FOR

2 CONSECUTIVE YEARS.— 

‘‘(i) IN GENERAL.—Except as provided under 

clause (ii), a country that is included on the 

special watch list described in subparagraph 

(A) for 2 consecutive years after the date of 

the enactment of this subparagraph, shall be 

included on the list of countries described in 

paragraph (1)(C). 

‘‘(ii) EXERCISE OF WAIVER AUTHORITY.—The 

President may waive the application of 

clause (i) for up to 2 years if the President 

determines, and reports credible evidence to 

the Committee on Foreign Relations of the 

Senate and the Committee on Foreign Affairs of the House of Representatives, that 

such a waiver is justified because— 

‘‘(I) the country has a written plan to 

begin making significant efforts to bring 

itself into compliance with the minimum 

standards for the elimination of trafficking; 

‘‘(II) the plan, if implemented, would constitute making such significant efforts; and 

‘‘(III) the country is devoting sufficient resources to implement the plan.’’. 

(b) CLARIFICATION OF MEASURES AGAINST

CERTAIN FOREIGN COUNTRIES.—Section 

110(d)(1)(A)(ii) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7107(d)(1)(A)) 

is amended by inserting ‘‘such assistance to 

the government of the country for the subsequent fiscal year and will not provide’’ after 

‘‘will not provide’’. 

(c) TRANSLATION OF TRAFFICKING IN PERSONS REPORT.—The Secretary of State 

shall— 

(1) timely translate the annual report submitted under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 

U.S.C. 7107(b)) into the principal languages of 

as many countries as possible, with particular emphasis on the languages of the 

countries on the lists described in subparagraphs (B) and (C) of section 110(b)(1) of such 

Act; and 

(2) ensure that the translations described 

in paragraph (1) are made available to the 

public through postings on the Internet 

website of the Department of State and 

other appropriate websites. 

SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN PERSONS. 

(a) INTEGRATED DATABASE.—Section 112A of 

the Trafficking Victims Protection Act of 

2000 (22 U.S.C. 7109a) is amended— 

(1) in subsection (a), by amending paragraph (5) to read as follows: 

‘‘(5) An effective mechanism for quantifying the number of victims of trafficking on 

a national, regional, and international basis, 

which shall include, not later than 2 years 

after the date of the enactment of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the establishment and maintenance of an integrated database within the Human Smuggling and Trafficking Center.’’; and 

(2) by amending subsection (b) to read as 

follows: 

‘‘(b) ROLE OF HUMAN SMUGGLING AND TRAFFICKING CENTER.— 

‘‘(1) IN GENERAL.—The research initiatives 

described in paragraphs (4) and (5) of subsection (a) shall be carried out by the Human 

Smuggling and Trafficking Center, established under section 7202 of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 

1777). 

‘‘(2) DATABASE.—The database described in 

subsection (a)(5) shall be established by combining all applicable data collected by each 

Federal department and agency represented 

on the Interagency Task Force to Monitor 

and Combat Trafficking, consistent with the 

protection of sources and methods, and, to 

the maximum extent practicable, applicable 

data from relevant international organizations, to— 

‘‘(A) improve the coordination of the collection of data related to trafficking in persons by each agency of the United States 

Government that collects such data; 

December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10891 

‘‘(B) promote uniformity of such data collection and standards and systems related to 

such collection; 

‘‘(C) undertake a meta-analysis of patterns 

of trafficking in persons, slavery, and slavelike conditions to develop and analyze global 

trends in human trafficking; 

‘‘(D) identify emerging issues in human 

trafficking and establishing integrated 

methods to combat them; and 

‘‘(E) identify research priorities to respond 

to global patterns and emerging issues. 

‘‘(3) CONSULTATION.—The database established in accordance with paragraph (2) shall 

be maintained in consultation with the Director of the Office to Monitor and Combat 

Trafficking in Persons of the Department of 

State. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated 

$2,000,000 to the Human Smuggling and Trafficking Center for each of the fiscal years 

2008 through 2011 to carry out the activities 

described in this subsection.’’. 

(b) REPORT.—Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 

U.S.C. 7107(b)(1)) is amended— 

(1) in subparagraph (C), by striking ‘‘and’’ 

at the end; 

(2) in subparagraph (D), by striking the period at the end and inserting a semicolon; 

and 

(3) by adding at the end the following: 

‘‘(E) reporting and analysis on the emergence or shifting of global patterns in human 

trafficking, including data on the number of 

victims trafficked to, through, or from major 

source and destination countries, 

disaggregated by nationality, gender, and 

age, to the extent possible; and 

‘‘(F) emerging issues in human trafficking.’’. 

SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT TRAFFICKING IN PERSONS. 

The Trafficking Victims Protection Act of 

2000 (22 U.S.C. 7101 et seq.) is amended by inserting after section 112A the following: 

‘‘SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT 

TRAFFICKING IN PERSONS. 

‘‘(a) ESTABLISHMENT OF AWARD.—The President is authorized to establish an award, to 

be known as the ‘Presidential Award for Extraordinary Efforts To Combat Trafficking 

in Persons’, for extraordinary efforts to combat trafficking in persons. To the maximum 

extent practicable, the Secretary of State 

shall present the award annually to not more 

than 5 individuals or organizations, including— 

‘‘(1) individuals who are United States citizens or foreign nationals; and 

‘‘(2) United States or foreign nongovernmental organizations. 

‘‘(b) SELECTION.—The President shall establish procedures for selecting recipients of 

the award authorized under subsection (a). 

‘‘(c) CEREMONY.—The Secretary of State 

shall host an annual ceremony for recipients 

of the award authorized under subsection (a) 

as soon as practicable after the date on 

which the Secretary submits to Congress the 

report required under section 110(b)(1). The 

Secretary of State may pay the travel costs 

of each recipient and a guest of each recipient who attends the ceremony. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated, for 

each of the fiscal years 2008 through 2011, 

such sums as may be necessary to carry out 

this section.’’. 

SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO MONITOR 

AND COMBAT FORCED LABOR AND 

CHILD LABOR. 

(a) FINAL REPORT; PUBLIC AVAILABILITY OF

LIST.—Not later than January 15, 2010, the 

Secretary of Labor shall— 

(1) submit to the appropriate congressional 

committees a final report that— 

(A) describes the implementation of section 105(b) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 

7103(b)); and 

(B) includes an initial list of goods described in paragraph (2)(C) of such section; 

and 

(2) make the list of goods described in 

paragraph (1)(B) available to the public. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term 

‘‘appropriate congressional committees’’ has 

the meaning given the term in section 103 of 

the Trafficking Victims Protection Act of 

2000 (22 U.S.C. 7102). 

SEC. 111. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK BETWEEN 

LABOR EXPORTING AND LABOR IMPORTING COUNTRIES. 

It is the sense of Congress that the Secretary of State, in conjunction with the 

International Labour Organization, the 

United Nations Office of Drug and Crime 

Prevention, and other relevant international 

and nongovernmental organizations, should 

seek to establish a multilateral framework 

between labor exporting and labor importing 

countries to ensure that workers migrating 

between such countries are protected from 

trafficking in persons. 

TITLE II—COMBATING TRAFFICKING IN 

PERSONS IN THE UNITED STATES 

Subtitle A—Ensuring Availability of Possible 

Witnesses and Informants 

SEC. 201. PROTECTING TRAFFICKING VICTIMS 

AGAINST RETALIATION. 

(a) T VISAS.—Section 101(a)(15)(T) of the 

Immigration and Nationality Act (8 U.S.C. 

1101(a)(15)(T)) is amended— 

(1) in clause (i)— 

(A) in the matter preceding subclause (I), 

by striking ‘‘Security and the Attorney General jointly;’’ and inserting ‘‘Security, in 

consultation with the Attorney General,’’; 

(B) in subclause (I), by striking the comma 

at the end and inserting a semicolon; 

(C) in subclause (II), by adding at the end 

the following: ‘‘including physical presence 

on account of the alien having been allowed 

entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;’’; 

(D) in subclause (III)— 

(i) in item (aa), by striking ‘‘or’’ at the 

end; 

(ii) by redesignating item (bb) as item (cc); 

(iii) by inserting after item (aa) the following: 

‘‘(bb) in consultation with the Attorney 

General, as appropriate, is unable to cooperate with a request described in item (aa) due 

to physical or psychological trauma; or’’; 

and 

(iv) in item (cc), as redesignated, by striking ‘‘, and’’ at the end and inserting ‘‘; and’’; 

and 

(E) in subclause (IV), by adding ‘‘and’’ at 

the end; 

(2) in clause (ii)— 

(A) in subclause (I), by striking ‘‘or’’ at the 

end; 

(B) in subclause (II), by striking ‘‘and’’ at 

the end and inserting ‘‘or’’; and 

(C) by adding at the end the following: 

‘‘(III) any parent or unmarried sibling 

under 18 years of age of an alien described in 

subclause (I) or (II) who the Secretary of 

Homeland Security, in consultation with the 

law enforcement officer investigating a severe form of trafficking, determines faces a 

present danger of retaliation as a result of 

the alien’s escape from the severe form of 

trafficking or cooperation with law enforcement.’’; and 

(3) by striking clause (iii). 

(b) REQUIREMENTS FOR T VISA ISSUANCE.— 

Section 214(o)(7) of the Immigration and Nationality Act (8 U.S.C. 1184(o)(7)) is amended— 

(1) in subparagraph (B)— 

(A) by striking ‘‘subparagraph (A) if a Federal’’ and inserting the following: ‘‘subparagraph (A) if— 

‘‘(i) a Federal’’; 

(B) by striking the period at the end and 

inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(ii) the alien is eligible for relief under 

section 245(l) and is unable to obtain such relief because regulations have not been issued 

to implement such section; or 

‘‘(iii) the Secretary of Homeland Security 

determines that an extension of the period of 

such nonimmigrant status is warranted due 

to exceptional circumstances.’’; and 

(2) by adding at the end the following: 

‘‘(C) Nonimmigrant status under section 

101(a)(15)(T) shall be extended during the 

pendency of an application for adjustment of 

status under section 245(l).’’. 

(c) CONDITIONS ON NONIMMIGRANT STATUS

FOR CERTAIN CRIME VICTIMS.—Section 

214(p)(6) of the Immigration and Nationality 

Act (8 U.S.C. 1184(p)(6)) is amended by adding 

at the end the following: ‘‘The Secretary of 

Homeland Security may extend, beyond the 

4-year period authorized under this section, 

the authorized period of status of an alien as 

a nonimmigrant under section 101(a)(15)(U) if 

the Secretary determines that an extension 

of such period is warranted due to exceptional circumstances. Such alien’s nonimmigrant status shall be extended beyond 

the 4-year period authorized under this section if the alien is eligible for relief under 

section 245(m) and is unable to obtain such 

relief because regulations have not been 

issued to implement such section and shall 

be extended during the pendency of an application for adjustment of status under section 

245(m). The Secretary may grant work authorization to any alien who has a pending, 

bona fide application for nonimmigrant status under section 101(a)(15)(U).’’. 

(d) ADJUSTMENT OF STATUS FOR TRAFFICKING VICTIMS.—Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 1255(l)) 

is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph 

(A), by striking ‘‘the Attorney General,,’’ 

and inserting ‘‘in the opinion of the Secretary of Homeland Security, in consultation 

with the Attorney General, as appropriate’’; 

(B) in subparagraph (B)— 

(i) by inserting ‘‘subject to paragraph (6),’’ 

after ‘‘(B)’’; and 

(ii) by striking ‘‘, and’’ and inserting ‘‘; 

and’’; and 

(C) in subparagraph (C)— 

(i) in clause (i), by striking ‘‘, or’’ and inserting a semicolon; 

(ii) in clause (ii), by striking ‘‘, or in the 

case of subparagraph (C)(i), the Attorney 

General, as appropriate’’; and 

(iii) by striking the period at the end and 

inserting the following: ‘‘; or 

‘‘(iii) was younger than 18 years of age at 

the time of the victimization qualifying the 

alien for relief under section 101(a)(15)(T).’’; 

(2) in paragraph (3), by striking the period 

at the end and inserting the following: ‘‘, unless— 

‘‘(A) the absence was necessary to assist in 

the investigation or prosecution described in 

paragraph (1)(A); or 

‘‘(B) an official involved in the investigation or prosecution certifies that the absence 

was otherwise justified.’’; and 

(3) by adding at the end the following: 

‘‘(6) For purposes of paragraph (1)(B), the 

Secretary of Homeland Security may waive 

H10892 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

consideration of a disqualification from good 

moral character with respect to an alien if 

the disqualification was caused by, or incident to, the trafficking described in section 

101(a)(15)(T)(i)(I). 

‘‘(7) The Secretary of Homeland Security 

shall permit aliens to apply for a waiver of 

any fees associated with filing an application 

for relief through final adjudication of the 

adjustment of status for a VAWA self-petitioner and for relief under sections 

101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), and 

244(a)(3) (as in effect on March 31, 1997).’’. 

(e) ADJUSTMENT OF STATUS FOR CRIME VICTIMS.—Section 245(m) of the Immigration 

and Nationality Act (8 U.S.C. 1255(m)) is 

amended— 

(1) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘unless 

the Attorney General’’ and inserting ‘‘unless 

the Secretary’’; and 

(2) by adding at the end the following: 

‘‘(5)(A) The Secretary of Homeland Security shall consult with the Attorney General, 

as appropriate, in making a determination 

under paragraph (1) whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a Federal law enforcement official, Federal prosecutor, Federal judge, or other Federal authority investigating or prosecuting criminal activity described in section 

101(a)(15)(U)(iii). 

‘‘(B) Nothing in paragraph (1)(B) may be 

construed to prevent the Secretary from consulting with the Attorney General in making 

a determination whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a State 

or local law enforcement official, State or 

local prosecutor, State or local judge, or 

other State or local authority investigating 

or prosecuting criminal activity described in 

section 101(a)(15)(U)(iii).’’. 

(f) EFFECTIVE DATE.—The amendments 

made by this section shall— 

(1) take effect on the date of enactment of 

the Act; and 

(2) apply to applications for immigration 

benefits filed on or after such date. 

SEC. 202. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER NONIMMIGRANTS. 

(a) INFORMATION PAMPHLET.— 

(1) DEVELOPMENT AND DISTRIBUTION.—The 

Secretary of State, in consultation with the 

Secretary of Homeland Security, the Attorney General, and the Secretary of Labor, 

shall develop an information pamphlet on 

legal rights and resources for aliens applying 

for employment- or education-based nonimmigrant visas. 

(2) CONSULTATION.—In developing the information pamphlet under paragraph (1), the 

Secretary of State shall consult with nongovernmental organizations with expertise 

on the legal rights of workers and victims of 

severe forms of trafficking in persons. 

(b) CONTENTS.—The information pamphlet 

developed under subsection (a) shall include 

information concerning items such as— 

(1) the nonimmigrant visa application 

processes, including information about the 

portability of employment; 

(2) the legal rights of employment or education-based nonimmigrant visa holders 

under Federal immigration, labor, and employment law; 

(3) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, 

blackmail, and worker exploitation in the 

United States; 

(4) the legal rights of immigrant victims of 

trafficking in persons and worker exploitation, including— 

(A) the right of access to immigrant and 

labor rights groups; 

(B) the right to seek redress in United 

States courts; 

(C) the right to report abuse without retaliation; 

(D) the right of the nonimmigrant to relinquish possession of his or her passport to his 

or her employer; 

(E) the requirement of an employment contract between the employer and the nonimmigrant; and 

(F) an explanation of the rights and protections included in the contract described in 

subparagraph (E); and 

(5) information about nongovernmental organizations that provide services for victims 

of trafficking in persons and worker exploitation, including— 

(A) anti-trafficking in persons telephone 

hotlines operated by the Federal Government; 

(B) the Operation Rescue and Restore hotline; and 

(C) a general description of the types of 

victims services available for individuals 

subject to trafficking in persons or worker 

exploitation. 

(c) TRANSLATION.— 

(1) IN GENERAL.—To best serve the language groups having the greatest concentration of employment-based nonimmigrant 

visas, the Secretary of State shall translate 

the information pamphlet developed under 

subsection (a) into all relevant foreign languages, to be determined by the Secretary 

based on the languages spoken by the greatest concentrations of employment- or education-based nonimmigrant visa applicants. 

(2) REVISION.—Every 2 years, the Secretary 

of State, in consultation with the Attorney 

General and the Secretary of Homeland Security, shall determine the specific languages into which the information pamphlet 

will be translated based on the languages 

spoken by the greatest concentrations of 

employment- or education-based nonimmigrant visa applicants. 

(d) AVAILABILITY AND DISTRIBUTION.— 

(1) POSTING ON FEDERAL WEBSITES.—The information pamphlet developed under subsection (a) shall be posted on the websites of 

the Department of State, the Department of 

Homeland Security, the Department of Justice, the Department of Labor, and all 

United States consular posts processing applications for employment- or educationbased nonimmigrant visas. 

(2) OTHER DISTRIBUTION.—The information 

pamphlet developed under subsection (a) 

shall be made available to any— 

(A) government agency; 

(B) nongovernmental advocacy organization; or 

(C) foreign labor broker doing business in 

the United States. 

(3) DEADLINE FOR PAMPHLET DEVELOPMENT

AND DISTRIBUTION.—Not later than 180 days 

after the date of the enactment of this Act, 

the Secretary of State shall distribute and 

make available the information pamphlet 

developed under subsection (a) in all the languages referred to in subsection (c). 

(e) RESPONSIBILITIES OF CONSULAR OFFICERS OF THE DEPARTMENT OF STATE.— 

(1) INTERVIEWS.—A consular officer conducting an interview of an alien for an employment-based nonimmigrant visa shall— 

(A)(i) confirm that the alien has received, 

read, and understood the contents of the 

pamphlet described in subsections (a) and 

(b); and 

(ii) if the alien has not received, read, or 

understood the contents of the pamphlet described in subsections (a) and (b), distribute 

and orally disclose to the alien the information described in paragraphs (2) and (3) in a 

language that the alien understands; and 

(B) offer to answer any questions the alien 

may have regarding the contents of the pamphlet described in subsections (a) and (b). 

(2) LEGAL RIGHTS.—The consular officer 

shall disclose to the alien— 

(A) the legal rights of employment-based 

nonimmigrants under Federal immigration, 

labor, and employment laws; 

(B) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, 

blackmail, and worker exploitation in the 

United States; and 

(C) the legal rights of immigrant victims 

of trafficking in persons, worker exploitation, and other related crimes, including— 

(i) the right of access to immigrant and 

labor rights groups; 

(ii) the right to seek redress in United 

States courts; and 

(iii) the right to report abuse without retaliation. 

(3) VICTIM SERVICES.—In carrying out the 

disclosure requirement under this subsection, the consular officer shall disclose to 

the alien the availability of services for victims of human trafficking and worker exploitation in the United States, including 

victim services complaint hotlines. 

(f) DEFINITIONS.—In this section: 

(1) EMPLOYMENT- OR EDUCATION-BASED NONIMMIGRANT VISA.—The term ‘‘employment- or 

education-based nonimmigrant visa’’ 

means— 

(A) a nonimmigrant visa issued under subparagraph (A)(iii), (G)(v), (H), or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and 

(B) any nonimmigrant visa issued to a personal or domestic servant who is accompanying or following to join an employer. 

(2) SEVERE FORMS OF TRAFFICKING IN PERSONS.—The term ‘‘severe forms of trafficking 

in persons’’ has the meaning given the term 

in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). 

(3) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of State. 

(4) ABUSING AND EXPLOITING.—The term 

‘‘abusing and exploiting’’ means any conduct 

which would constitute a violation of section 

1466A, 1589, 1591, 1592, 2251, or 2251A of title 

18, United States Code. 

SEC. 203. PROTECTIONS, REMEDIES, AND LIMITATIONS ON ISSUANCE FOR A–3 AND G– 

5 VISAS. 

(a) LIMITATIONS ON ISSUANCE OF A–3 AND G– 

5 VISAS.— 

(1) CONTRACT REQUIREMENT.—Notwithstanding any other provision of law, the Secretary of State may not issue— 

(A) an A–3 visa unless the applicant is employed, or has signed a contract to be employed containing the requirements set forth 

in subsection (d)(2), by an officer of a diplomatic mission or consular post; or 

(B) a G–5 visa unless the applicant is employed, or has signed a contract to be employed by an employee in an international 

organization. 

(2) SUSPENSION REQUIREMENT.—Notwithstanding any other provision of law, the Secretary shall suspend, for such period as the 

Secretary determines necessary, the 

issuance of A–3 visas or G–5 visas to applicants seeking to work for officials of a diplomatic mission or an international organization, if the Secretary determines that there 

is credible evidence that 1 or more employees of such mission or international organization have abused or exploited 1 or more 

nonimmigrants holding an A–3 visa or a G–5 

visa, and that the diplomatic mission or 

international organization tolerated such actions. 

(3) ACTION BY DIPLOMATIC MISSIONS OR

INTERNATIONAL ORGANIZATIONS.—The Secretary may suspend the application of the 

limitation under paragraph (2) if the Secretary determines and reports to the appropriate congressional committees that a 

mechanism is in place to ensure that such 

December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10893 

abuse or exploitation does not reoccur with 

respect to any alien employed by an employee of such mission or institution. 

(b) PROTECTIONS AND REMEDIES FOR A–3 AND

G–5 NONIMMIGRANTS EMPLOYED BY DIPLOMATS

AND STAFF OF INTERNATIONAL ORGANIZATIONS.— 

(1) IN GENERAL.—The Secretary may not 

issue or renew an A–3 visa or a G–5 visa unless— 

(A) the visa applicant has executed a contract with the employer or prospective employer containing provisions described in 

paragraph (2); and 

(B) a consular officer has conducted a personal interview with the applicant outside 

the presence of the employer or any recruitment agent in which the officer reviewed the 

terms of the contract and the provisions of 

the pamphlet required under section 202. 

(2) MANDATORY CONTRACT.—The contract 

between the employer and domestic worker 

required under paragraph (1) shall include— 

(A) an agreement by the employer to abide 

by all Federal, State, and local laws in the 

United States; 

(B) information on the frequency and form 

of payment, work duties, weekly work hours, 

holidays, sick days, and vacation days; and 

(C) an agreement by the employer not to 

withhold the passport, employment contract, 

or other personal property of the employee. 

(3) TRAINING OF CONSULAR OFFICERS.—The 

Secretary shall provide appropriate training 

to consular officers on the fair labor standards described in the pamphlet required 

under section 202, trafficking in persons, and 

the provisions of this section. 

(4) RECORD KEEPING.— 

(A) IN GENERAL.—The Secretary shall 

maintain records on the presence of nonimmigrants holding an A–3 visa or a G–5 visa 

in the United States, including— 

(i) information about when the nonimmigrant entered and permanently exited 

the country of residence; 

(ii) the official title, contact information, 

and immunity level of the employer; and 

(iii) information regarding any allegations 

of employer abuse received by the Department of State. 

(c) PROTECTION FROM REMOVAL DURING

LEGAL ACTIONS AGAINST FORMER EMPLOYERS.— 

(1) REMAINING IN THE UNITED STATES TO

SEEK LEGAL REDRESS.— 

(A) EFFECT OF COMPLAINT FILING.—Except 

as provided in subparagraph (B), if a nonimmigrant holding an A–3 visa or a G–5 visa 

working in the United States files a civil action under section 1595 of title 18, United 

States Code, or a civil action regarding a 

violation of any of the terms contained in 

the contract or violation of any other Federal, State, or local law in the United States 

governing the terms and conditions of employment of the nonimmigrant that are associated with acts covered by such section, the 

Attorney General and the Secretary of 

Homeland Security shall permit the nonimmigrant to remain legally in the United 

States for time sufficient to fully and effectively participate in all legal proceedings related to such action. 

(B) EXCEPTION.—An alien described in subparagraph (A) may be deported before the 

conclusion of the legal proceedings related 

to a civil action described in such subparagraph if such alien is— 

(i) inadmissible under paragraph 

(2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), 

(3)(A)(i), (3)(A)(iii), (3)(B), (3)(C), or (3)(F) of 

section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); or 

(ii) deportable under paragraph (2)(A)(ii), 

(2)(A)(iii), (4)(A)(i), (4)(A)(iii), (4)(B), or (4)(C) 

of section 237(a) of such Act (8 U.S.C. 1227(a)). 

(C) FAILURE TO EXERCISE DUE DILIGENCE.—If 

the Secretary of Homeland Security, after 

consultation with the Attorney General, determines that the nonimmigrant holding an 

A–3 visa or a G–5 visa has failed to exercise 

due diligence in pursuing an action described 

in subparagraph (A), the Secretary may terminate the status of the A–3 or G–5 nonimmigrant. 

(2) AUTHORIZATION TO WORK.—The Attorney 

General and the Secretary of Homeland Security shall authorize any nonimmigrant described in paragraph (1) to engage in employment in the United States during the period 

the nonimmigrant is in the United States 

pursuant to paragraph (1). 

(d) STUDY AND REPORT.— 

(1) INVESTIGATION REPORT.— 

(A) IN GENERAL.—Not later than 180 days 

after the date of the enactment of this Act, 

and every 2 years thereafter for the following 

10 years, the Secretary shall submit a report 

to the appropriate congressional committees 

on the implementation of this section. 

(B) CONTENTS.—The report submitted 

under subparagraph (A) shall include— 

(i) an assessment of the actions taken by 

the Department of State and the Department 

of Justice to investigate allegations of trafficking or abuse of nonimmigrants holding 

an A–3 visa or a G–5 visa; and 

(ii) the results of such investigations. 

(2) FEASIBILITY OF OVERSIGHT OF EMPLOYEES

OF DIPLOMATS AND REPRESENTATIVES OF

OTHER INSTITUTIONS REPORT.—Not later than 

180 days after the date of the enactment of 

this Act, the Secretary shall submit a report 

to the appropriate congressional committees 

on the feasibility of— 

(A) establishing a system to monitor the 

treatment of nonimmigrants holding an A–3 

visa or a G–5 visa who have been admitted to 

the United States; 

(B) a range of compensation approaches, 

such as a bond program, compensation fund, 

or insurance scheme, to ensure that such 

nonimmigrants receive appropriate compensation if their employers violate the 

terms of their employment contracts; and 

(C) with respect to each proposed compensation approach described in subparagraph (B), an evaluation and proposal describing the proposed processes for— 

(i) adjudicating claims of rights violations; 

(ii) determining the level of compensation; 

and 

(iii) administering the program, fund, or 

scheme. 

(e) ASSISTANCE TO LAW ENFORCEMENT INVESTIGATIONS.—The Secretary shall cooperate, to the fullest extent possible consistent 

with the United States obligations under the 

Vienna Convention on Diplomatic Relations, 

done at Vienna, April 18, 1961, (23 U.S.T. 

3229), with any investigation by United 

States law enforcement authorities of crimes 

related to abuse or exploitation of a nonimmigrant holding an A–3 visa or a G–5 visa. 

(f) DEFINITIONS.—In this section: 

(1) A–3 VISA.—The term ‘‘A–3 visa’’ means a 

nonimmigrant visa issued pursuant to section 101(a)(15)(A)(iii) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)). 

(2) G–5 VISA.—The term ‘‘G–5 visa’’ means a 

nonimmigrant visa issued pursuant to section 101(a)(15)(G)(v) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(15)(G)(v)). 

(3) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of State. 

(4) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional 

committees’’ means— 

(A) the Committee on Foreign Affairs and 

the Committee on the Judiciary of the House 

of Representatives; and 

(B) the Committee on Foreign Relations 

and the Committee on the Judiciary of the 

Senate. 

SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND APPLICATIONS FOR RELIEF. 

Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the following: 

‘‘(d)(1) If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or 

(U) of section 101(a)(15) filed for an alien in 

the United States sets forth a prima facie 

case for approval, the Secretary may grant 

the alien an administrative stay of a final 

order of removal under section 241(c)(2) 

until— 

‘‘(A) the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or 

‘‘(B) there is a final administrative denial 

of the application for such nonimmigrant 

status after the exhaustion of administrative 

appeals. 

‘‘(2) The denial of a request for an administrative stay of removal under this subsection 

shall not preclude the alien from applying 

for a stay of removal, deferred action, or a 

continuance or abeyance of removal proceedings under any other provision of the 

immigration laws of the United States. 

‘‘(3) During any period in which the administrative stay of removal is in effect, the 

alien shall not be removed. 

‘‘(4) Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security or the Attorney 

General to grant a stay of removal or deportation in any case not described in this subsection.’’. 

SEC. 205. EXPANSION OF AUTHORITY TO PERMIT 

CONTINUED PRESENCE IN THE 

UNITED STATES. 

(a) EXPANSION OF AUTHORITY.— 

(1) IN GENERAL.—Section 107(c)(3) of the 

Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7105(c)(3)) is amended to read as 

follows: 

‘‘(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE UNITED STATES.— 

‘‘(A) TRAFFICKING VICTIMS.— 

‘‘(i) IN GENERAL.—If a Federal law enforcement official files an application stating 

that an alien is a victim of a severe form of 

trafficking and may be a potential witness to 

such trafficking, the Secretary of Homeland 

Security may permit the alien to remain in 

the United States to facilitate the investigation and prosecution of those responsible for 

such crime. 

‘‘(ii) SAFETY.—While investigating and 

prosecuting suspected traffickers, Federal 

law enforcement officials described in clause 

(i) shall endeavor to make reasonable efforts 

to protect the safety of trafficking victims, 

including taking measures to protect trafficked persons and their family members 

from intimidation, threats of reprisals, and 

reprisals from traffickers and their associates. 

‘‘(iii) CONTINUATION OF PRESENCE.—The 

Secretary shall permit an alien described in 

clause (i) who has filed a civil action under 

section 1595 of title 18, United States Code, 

to remain in the United States until such action is concluded. If the Secretary, in consultation with the Attorney General, determines that the alien has failed to exercise 

due diligence in pursuing such action, the 

Secretary may revoke the order permitting 

the alien to remain in the United States. 

‘‘(iv) EXCEPTION.—Notwithstanding clause 

(iii), an alien described in such clause may 

be deported before the conclusion of the administrative and legal proceedings related to 

a complaint described in such clause if such 

alien is inadmissible under paragraph 

(2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), 

(3)(A)(i), (3)(A)(iii), (3)(B), or (3)(C) of section 

212(a) of the Immigration and Nationality 

Act (8 U.S.C. 1182(a)). 

H10894 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

‘‘(B) PAROLE FOR RELATIVES.—Law enforcement officials may submit written requests 

to the Secretary of Homeland Security, in 

accordance with section 240A(b)(6) of the Immigration and Nationality Act (8 U.S.C. 

1229b(b)(6)), to permit the parole into the 

United States of certain relatives of an alien 

described in subparagraph (A)(i). 

‘‘(C) STATE AND LOCAL LAW ENFORCEMENT.— 

The Secretary of Homeland Security, in consultation with the Attorney General, shall— 

‘‘(i) develop materials to assist State and 

local law enforcement officials in working 

with Federal law enforcement to obtain continued presence for victims of a severe form 

of trafficking in cases investigated or prosecuted at the State or local level; and 

‘‘(ii) distribute the materials developed 

under clause (i) to State and local law enforcement officials.’’. 

(2) EFFECTIVE DATE.—The amendment 

made by paragraph (1)— 

(A) shall take effect on the date of the enactment of this Act; 

(B) shall apply to pending requests for continued presence filed pursuant to section 

107(c)(3) of the Trafficking Victims Protection Act (22 U.S.C. 7105(c)(3)) and requests 

filed on or after such date; and 

(C) may not be applied to an alien who is 

not present in the United States. 

(b) PAROLE FOR DERIVATIVES OF TRAFFICKING VICTIMS.—Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 

1229b(b)) is amended by adding at the end the 

following: 

‘‘(6) RELATIVES OF TRAFFICKING VICTIMS.— 

‘‘(A) IN GENERAL.—Upon written request by 

a law enforcement official, the Secretary of 

Homeland Security may parole under section 

212(d)(5) any alien who is a relative of an 

alien granted continued presence under section 107(c)(3)(A) of the Trafficking Victims 

Protection Act (22 U.S.C. 7105(c)(3)(A)), if the 

relative— 

‘‘(i) was, on the date on which law enforcement applied for such continued presence— 

‘‘(I) in the case of an alien granted continued presence who is under 21 years of age, 

the spouse, child, parent, or unmarried sibling under 18 years of age, of the alien; or 

‘‘(II) in the case of an alien granted continued presence who is 21 years of age or older, 

the spouse or child of the alien; or 

‘‘(ii) is a parent or sibling of the alien who 

the requesting law enforcement official, in 

consultation with the Secretary of Homeland 

Security, as appropriate, determines to be in 

present danger of retaliation as a result of 

the alien’s escape from the severe form of 

trafficking or cooperation with law enforcement, irrespective of age. 

‘‘(B) DURATION OF PAROLE.— 

‘‘(i) IN GENERAL.—The Secretary may extend the parole granted under subparagraph 

(A) until the final adjudication of the application filed by the principal alien under section 101(a)(15)(T)(ii). 

‘‘(ii) OTHER LIMITS ON DURATION.—If an application described in clause (i) is not filed, 

the parole granted under subparagraph (A) 

may extend until the later of— 

‘‘(I) the date on which the principal alien’s 

authority to remain in the United States 

under section 107(c)(3)(A) of the Trafficking 

Victims Protection Act (22 U.S.C. 

7105(c)(3)(A)) is terminated; or 

‘‘(II) the date on which a civil action filed 

by the principal alien under section 1595 of 

title 18, United States Code, is concluded. 

‘‘(iii) DUE DILIGENCE.—Failure by the principal alien to exercise due diligence in filing 

a visa petition on behalf of an alien described in clause (i) or (ii) of subparagraph 

(A), or in pursuing the civil action described 

in clause (ii)(II) (as determined by the Secretary of Homeland Security in consultation 

with the Attorney General), may result in 

revocation of parole. 

‘‘(C) OTHER LIMITATIONS.—A relative may 

not be granted parole under this paragraph 

if— 

‘‘(i) the Secretary of Homeland Security or 

the Attorney General has reason to believe 

that the relative was knowingly complicit in 

the trafficking of an alien permitted to remain in the United States under section 

107(c)(3)(A) of the Trafficking Victims Protection Act (22 U.S.C. 7105(c)(3)(A)); or 

‘‘(ii) the relative is an alien described in 

paragraph (2) or (3) of section 212(a) or paragraph (2) or (4) of section 237(a).’’. 

Subtitle B—Assistance for Trafficking 

Victims 

SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS APPLICANTS. 

(a) IN GENERAL.—Section 431(c) of the Personal Responsibility and Work Opportunity 

Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is 

amended— 

(1) in paragraph (2)(B), by striking ‘‘or’’ at 

the end; 

(2) in paragraph (3)(B), by striking the period at the end and inserting ‘‘; or’’; and 

(3) by inserting after paragraph (3) the following: 

‘‘(4) an alien who has been granted nonimmigrant status under section 101(a)(15)(T) 

of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(15)(T)) or who has a pending 

application that sets forth a prima facie case 

for eligibility for such nonimmigrant status.’’. 

(b) EFFECTIVE DATE.—The amendments 

made by subsection (a) shall apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act without regard to 

whether regulations have been implemented 

to carry out such amendments. 

SEC. 212. INTERIM ASSISTANCE FOR CHILDREN. 

(a) IN GENERAL.—Section 107(b)(1) of the 

Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7105(b)(1)) is amended— 

(1) in subparagraph (E)(i)(I), by inserting 

‘‘or is unable to cooperate with such a request due to physical or psychological trauma’’ before the semicolon; and 

(2) by adding at the end the following: 

‘‘(F) ELIGIBILITY FOR INTERIM ASSISTANCE

OF CHILDREN.— 

‘‘(i) DETERMINATION.—Upon receiving credible information that a child described in 

subparagraph (C)(ii)(I) who is seeking assistance under this paragraph may have been 

subjected to a severe form of trafficking in 

persons, the Secretary of Health and Human 

Services shall promptly determine if the 

child is eligible for interim assistance under 

this paragraph. The Secretary shall have exclusive authority to make interim eligibility 

determinations under this clause. A determination of interim eligibility under this 

clause shall not affect the independent determination whether a child is a victim of a severe form of trafficking. 

‘‘(ii) NOTIFICATION.—The Secretary of 

Health and Human Services shall notify the 

Attorney General and the Secretary of 

Homeland Security not later than 24 hours 

after all interim eligibility determinations 

have been made under clause (i). 

‘‘(iii) DURATION.—Assistance under this 

paragraph may be provided to individuals determined to be eligible under clause (i) for a 

period of up to 90 days and may be extended 

for an additional 30 days. 

‘‘(iv) LONG-TERM ASSISTANCE FOR CHILDREN.— 

‘‘(I) ELIGIBILITY DETERMINATION.—Before 

the expiration of the period for interim assistance under clause (iii), the Secretary of 

Health and Human Services shall determine 

if the child referred to in clause (i) is eligible 

for assistance under this paragraph. 

‘‘(II) CONSULTATION.—In making a determination under subclause (I), the Secretary 

shall consult with the Attorney General, the 

Secretary of Homeland Security, and nongovernmental organizations with expertise 

on victims of severe form of trafficking. 

‘‘(III) LETTER OF ELIGIBILITY.—If the Secretary, after receiving information the Secretary believes, taken as a whole, indicates 

that the child is eligible for assistance under 

this paragraph, the Secretary shall issue a 

letter of eligibility. The Secretary may not 

require that the child cooperate with law enforcement as a condition for receiving such 

letter of eligibility. 

‘‘(G) NOTIFICATION OF CHILDREN FOR INTERIM

ASSISTANCE.—Not later than 24 hours after a 

Federal, State, or local official discovers 

that a person who is under 18 years of age 

may be a victim of a severe form of trafficking in persons, the official shall notify 

the Secretary of Health and Human Services 

to facilitate the provision of interim assistance under subparagraph (F).’’. 

(b) TRAINING OF GOVERNMENT PERSONNEL.— 

Section 107(c)(4) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is 

amended— 

(1) by inserting ‘‘, the Department of 

Homeland Security, the Department of 

Health and Human Services,’’ after ‘‘the Department of State’’; and 

(2) by inserting ‘‘, including juvenile victims. The Attorney General and the Secretary of Health and Human Services shall 

provide training to State and local officials 

to improve the identification and protection 

of such victims’’ before the period at the end. 

SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN PERSONS. 

(a) AMENDMENTS TO TRAFFICKING VICTIMS

PROTECTION ACT OF 2000.— 

(1) ASSISTANCE FOR UNITED STATES CITIZENS

AND LAWFUL PERMANENT RESIDENTS.—Section 

107 of the Trafficking Victims Protection 

Act of 2000 (22 U.S.C. 7105) is amended by inserting after subsection (e) the following: 

‘‘(f) ASSISTANCE FOR UNITED STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS.— 

‘‘(1) IN GENERAL.—The Secretary of Health 

and Human Services and the Attorney General, in consultation with the Secretary of 

Labor, shall establish a program to assist 

United States citizens and aliens lawfully 

admitted for permanent residence (as defined 

in section 101(a)(20) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(20))) who 

are victims of severe forms of trafficking. In 

determining the assistance that would be 

most beneficial for such victims, the Secretary and the Attorney General shall consult with nongovernmental organizations 

that provide services to victims of severe 

forms of trafficking in the United States. 

‘‘(2) USE OF EXISTING PROGRAMS.—In addition to specialized services required for victims described in paragraph (1), the program 

established pursuant to paragraph (1) shall— 

‘‘(A) facilitate communication and coordination between the providers of assistance to 

such victims; 

‘‘(B) provide a means to identify such providers; and 

‘‘(C) provide a means to make referrals to 

programs for which such victims are already 

eligible, including programs administered by 

the Department of Justice and the Department of Health and Human Services. 

‘‘(3) GRANTS.— 

‘‘(A) IN GENERAL.—The Secretary of Health 

and Human Services and the Attorney General may award grants to States, Indian 

tribes, units of local government, and nonprofit, nongovernmental victim service organizations to develop, expand, and strengthen 

victim service programs authorized under 

this subsection. 

December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10895 

‘‘(B) MAXIMUM FEDERAL SHARE.—The Federal share of a grant awarded under this 

paragraph may not exceed 75 percent of the 

total costs of the projects described in the 

application submitted by the grantee.’’. 

(2) AUTHORIZATION OF APPROPRIATIONS.— 

Section 113 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is amended— 

(A) in subsection (b)— 

(i) by striking ‘‘To carry out’’ and inserting the following: 

‘‘(1) ELIGIBILITY FOR BENEFITS AND ASSISTANCE.—To carry out’’; and 

(ii) by adding at the end the following: 

‘‘(2) ADDITIONAL BENEFITS FOR TRAFFICKING

VICTIMS.—To carry out the purposes of section 107(f), there are authorized to be appropriated to the Secretary of Health and 

Human Services— 

‘‘(A) $2,500,000 for fiscal year 2008; 

‘‘(B) $5,000,0000 for fiscal year 2009; 

‘‘(C) $7,000,000 for fiscal year 2010; and 

‘‘(D) $7,000,000 for fiscal year 2011.’’; and 

(B) in subsection (d)— 

(i) by striking ‘‘To carry out the purposes 

of section 107(b)’’ and inserting the following: 

‘‘(A) ELIGIBILITY FOR BENEFITS AND ASSISTANCE.—To carry out the purposes of section 

107(b)’’; 

(ii) by striking ‘‘To carry out the purposes 

of section 134’’ and inserting the following: 

‘‘(B) ASSISTANCE TO FOREIGN COUNTRIES.— 

To carry out the purposes of section 134’’; 

and 

(iii) by adding at the end the following: 

‘‘(C) ADDITIONAL BENEFITS FOR TRAFFICKING

VICTIMS.—To carry out the purposes of section 107(f), there are authorized to be appropriated to the Attorney General— 

‘‘(i) $2,500,000 for fiscal year 2008; 

‘‘(ii) $5,000,0000 for fiscal year 2009; 

‘‘(iii) $7,000,000 for fiscal year 2010; and 

‘‘(iv) $7,000,000 for fiscal year 2011.’’. 

(3) TECHNICAL ASSISTANCE.—Section 

107(b)(2)(B)(ii) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 

7105(b)(2)(B)(ii)) is amended to read as follows: 

‘‘(ii) 5 percent for training and technical 

assistance, including increasing capacity and 

expertise on security for and protection of 

service providers from intimidation or retaliation for their activities.’’. 

(b) STUDY.— 

(1) REQUIREMENT.—Not later than 1 year 

after the date of the enactment of this Act, 

the Attorney General and the Secretary of 

Health and Human Services shall submit a 

report to the appropriate congressional committees that identifies the existence and extent of any service gap between victims described in section 107(b)(1) of the Trafficking 

Victims Protection Act of 2000 (22 U.S.C. 

7105) and individuals described in section 

107(f) of such Act, as amended by section 

213(a) of this Act. 

(2) ELEMENTS.—In carrying out the study 

under subparagraph (1), the Attorney General and the Secretary of Health and Human 

Services shall— 

(A) investigate factors relating to the legal 

ability of the victims described in paragraph 

(1) to access government-funded social services in general, including the application of 

the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

1641(c)(5)) and the Illegal Immigration and 

Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 110 Stat. 3009 et 

seq.); 

(B) investigate any other impediments to 

the access of the victims described in paragraph (1) to government-funded social services; 

(C) investigate any impediments to the access of the victims described in paragraph (1) 

to government-funded services targeted to 

victims of severe forms of trafficking; 

(D) investigate the effect of trafficking 

service-provider infrastructure development, 

continuity of care, and availability of caseworkers on the eventual restoration and rehabilitation of the victims described in paragraph (1); and 

(E) include findings, best practices, and 

recommendations, if any, based on the study 

of the elements described in subparagraphs 

(A) through (D) and any other related information. 

Subtitle C—Penalties Against Traffickers and 

Other Crimes 

SEC. 221. RESTITUTION OF FORFEITED ASSETS; 

ENHANCEMENT OF CIVIL ACTION. 

Chapter 77 of title 18, United States Code, 

is amended— 

(1) in section 1593(b), by adding at the end 

the following: 

‘‘(4) The forfeiture of property under this 

subsection shall be governed by the provisions of section 413 (other than subsection (d) 

of such section) of the Controlled Substances 

Act (21 U.S.C. 853).’’; and 

(2) in section 1595— 

(A) in subsection (a)— 

(i) by striking ‘‘of section 1589, 1590, or 

1591’’; and 

(ii) by inserting ‘‘(or whoever knowingly 

benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have 

known has engaged in an act in violation of 

this chapter)’’ after ‘‘perpetrator’’; and 

(B) by adding at the end the following: 

‘‘(c) No action may be maintained under 

this section unless it is commenced not later 

than 10 years after the cause of action 

arose.’’. 

SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OFFENSES. 

(a) DETENTION.—Section 3142(e) of title 18, 

United States Code, is amended— 

(1) by redesignating paragraphs (1), (2), and 

(3) as subparagraphs (A), (B), and (C), respectively; 

(2) by inserting ‘‘(1)’’ before ‘‘If, after a 

hearing’’; 

(3) by inserting ‘‘(2)’’ before ‘‘In a case’’; 

(4) by inserting ‘‘(3)’’ before ‘‘Subject to rebuttal’’; 

(5) by striking ‘‘paragraph (1) of this subsection’’ each place it appears and inserting 

‘‘subparagraph (A)’’; 

(6) in paragraph (3), as redesignated— 

(A) by striking ‘‘committed an offense’’ 

and inserting the following: ‘‘committed— 

‘‘(A) an offense’’; 

(B) by striking ‘‘46, an offense’’ and inserting the following: ‘‘46; 

‘‘(B) an offense’’; 

(C) by striking ‘‘title, or an offense’’ and 

inserting the following: ‘‘title; 

‘‘(C) an offense’’; and 

(D) by striking ‘‘prescribed or an offense’’ 

and inserting the following: ‘‘prescribed; 

‘‘(D) an offense under chapter 77 of this 

title for which a maximum term of imprisonment of 20 years or more is prescribed; or 

‘‘(E) an offense’’. 

(b) PREVENTING OBSTRUCTION.— 

(1) ENTICEMENT INTO SLAVERY.—Section 

1583 of title 18, United States Code, is amended to read as follows: 

‘‘§ 1583. Enticement into slavery 

‘‘(a) Whoever— 

‘‘(1) kidnaps or carries away any other person, with the intent that such other person 

be sold into involuntary servitude, or held as 

a slave; 

‘‘(2) entices, persuades, or induces any 

other person to go on board any vessel or to 

any other place with the intent that he or 

she may be made or held as a slave, or sent 

out of the country to be so made or held; or 

‘‘(3) obstructs, or attempts to obstruct, or 

in any way interferes with or prevents the 

enforcement of this section, 

shall be fined under this title, imprisoned 

not more than 20 years, or both. 

‘‘(b) Whoever violates this section shall be 

fined under this title, imprisoned for any 

term of years or for life, or both if— 

‘‘(1) the violation results in the death of 

the victim; or 

‘‘(2) the violation includes kidnaping, an 

attempt to kidnap, aggravated sexual abuse, 

an attempt to commit aggravated sexual 

abuse, or an attempt to kill.’’. 

(2) SALE INTO INVOLUNTARY SERVITUDE.— 

Section 1584 of such title is amended— 

(A) by striking ‘‘Whoever’’ and inserting 

the following: 

‘‘(a) Whoever’’; and 

(B) by adding at the end the following: 

‘‘(b) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall 

be subject to the penalties described in subsection (a).’’. 

(3) PUNISHING FINANCIAL GAIN FROM TRAFFICKED LABOR.—Section 1589 of such title is 

amended to read as follows: 

‘‘SEC. 1589. FORCED LABOR. 

‘‘(a) Whoever knowingly provides or obtains the labor or services of a person by any 

one of, or by any combination of, the following means— 

‘‘(1) by means of force, threats of force, 

physical restraint, or threats of physical restraint to that person or another person; 

‘‘(2) by means of serious harm or threats of 

serious harm to that person or another person; 

‘‘(3) by means of the abuse or threatened 

abuse of law or legal process; or 

‘‘(4) by means of any scheme, plan, or pattern intended to cause the person to believe 

that, if that person did not perform such 

labor or services, that person or another person would suffer serious harm or physical restraint, 

shall be punished as provided under subsection (d). 

‘‘(b) Whoever knowingly benefits, financially or by receiving anything of value, 

from participation in a venture which has 

engaged in the providing or obtaining of 

labor or services by any of the means described in subsection (a), knowing or in reckless disregard of the fact that the venture 

has engaged in the providing or obtaining of 

labor or services by any of such means, shall 

be punished as provided in subsection (d). 

‘‘(c) In this section: 

‘‘(1) The term ‘abuse or threatened abuse of 

law or legal process’ means the use or 

threatened use of a law or legal process, 

whether administrative, civil, or criminal, in 

any manner or for any purpose for which the 

law was not designed, in order to exert pressure on another person to cause that person 

to take some action or refrain from taking 

some action. 

‘‘(2) The term ‘serious harm’ means any 

harm, whether physical or nonphysical, including psychological, financial, or 

reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person 

of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid 

incurring that harm. 

‘‘(d) Whoever violates this section shall be 

fined under this title, imprisoned not more 

than 20 years, or both. If death results from 

a violation of this section, or if the violation 

includes kidnaping, an attempt to kidnap, 

aggravated sexual abuse, or an attempt to 

kill, the defendant shall be fined under this 

title, imprisoned for any term of years or 

life, or both.’’. 

H10896 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

(4) TRAFFICKING.—Section 1590 of such title 

is amended— 

(A) by striking ‘‘Whoever’’ and inserting 

the following: 

‘‘(a) Whoever’’; and 

(B) by adding at the end the following: 

‘‘(b) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall 

be subject to the penalties under subsection 

(a).’’. 

(5) SEX TRAFFICKING OF CHILDREN.—Section 

1591 of such title is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘or obtains’’ and inserting ‘‘obtains, or maintains’’; and 

(ii) in the matter following paragraph (2), 

by striking ‘‘that force, fraud, or coercion 

described in subsection (c)(2)’’ and inserting 

‘‘, or in reckless disregard of the fact, that 

means of force, threats of force, fraud, coercion described in subsection (e)(2), or any 

combination of such means’’; 

(B) by redesignating subsection (c) as subsection (e); 

(C) in subsection (b)(1), by striking ‘‘force, 

fraud, or coercion’’ and inserting ‘‘means of 

force, threats of force, fraud, or coercion described in subsection (e)(2), or by any combination of such means,’’; 

(D) by inserting after subsection (b) the 

following: 

‘‘(c) In a prosecution under subsection 

(a)(1) in which the defendant had a reasonable opportunity to observe the person so recruited, enticed, harbored, transported, provided, obtained or maintained, the Government need not prove that the defendant 

knew that the person had not attained the 

age of 18 years. 

‘‘(d) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall 

be fined under this title, imprisoned for a 

term not to exceed 20 years, or both.’’; 

(E) in subsection (e), as redesignated— 

(i) by redesignating paragraph (3) as paragraph (5); 

(ii) by redesignating paragraph (1) as paragraph (3); 

(iii) by inserting before paragraph (2) the 

following: 

‘‘(1) The term ‘abuse or threatened abuse of 

law or legal process’ means the use or 

threatened use of a law or legal process, 

whether administrative, civil, or criminal, in 

any manner or for any purpose for which the 

law was not designed, in order to exert pressure on another person to cause that person 

to take some action or refrain from taking 

some action.’’; and 

(iv) by inserting after paragraph (3), as redesignated, the following: 

‘‘(4) The term ‘serious harm’ means any 

harm, whether physical or nonphysical, including psychological, financial, or 

reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person 

of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order 

to avoid incurring that harm.’’. 

(6) UNLAWFUL CONDUCT.—Section 1592 of 

such title is amended by adding at the end 

the following: 

‘‘(c) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall 

be subject to the penalties described in subsection (a).’’. 

(c) HOLDING CONSPIRATORS ACCOUNTABLE.— 

Section 1594 of title 18, United States Code, 

is amended— 

(1) by redesignating subsections (b), (c), 

and (d) as subsections (d), (e), and (f), respectively; and 

(2) by inserting after subsection (a) the following: 

‘‘(b) Whoever conspires with another to 

violate section 1581, 1583, 1589, 1590, or 1592 

shall be punished in the same manner as a 

completed violation of such section. 

‘‘(c) Whoever conspires with another to 

violate section 1591 shall be fined under this 

title, imprisoned for any term of years or for 

life, or both.’’. 

(d) BENEFITTING FINANCIALLY FROM PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS.— 

(1) IN GENERAL.—Chapter 77 of title 18, 

United States Code, is amended by inserting 

after section 1593 the following: 

‘‘§ 1593A. Benefitting financially from peonage, slavery, and trafficking in persons 

‘‘Whoever knowingly benefits, financially 

or by receiving anything of value, from participation in a venture which has engaged in 

any act in violation of section 1581(a), 1592, 

or 1595(a), knowing or in reckless disregard 

of the fact that the venture has engaged in 

such violation, shall be fined under this title 

or imprisoned in the same manner as a completed violation of such section.’’. 

(2) CLERICAL AMENDMENT.—The table of 

sections at the beginning of such chapter is 

amended by inserting after the item relating 

to section 1593 the following: 

‘‘Sec. 1593A. Benefitting financially from peonage, slavery, and trafficking 

in persons.’’. 

(e) RETALIATION IN FOREIGN LABOR CONTRACTING.—Chapter 63 of title 18, United 

States Code, is amended— 

(1) in the chapter heading, by adding at the 

end the following: ‘‘AND OTHER FRAUD OFFENSES’’; 

(2) by adding at the end the following: 

‘‘§ 1351. Fraud in foreign labor contracting 

‘‘Whoever knowingly and with intent to 

defraud recruits, solicits or hires a person 

outside the United States for purposes of employment in the United States by means of 

materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or 

imprisoned for not more than 5 years, or 

both.’’; and 

(3) in the table of sections, by inserting 

after the item relating to section 1350 the 

following: 

‘‘1351. Fraud in foreign labor contracting.’’. 

(f) TIGHTENING IMMIGRATION PROHIBITIONS.— 

(1) GROUND OF INADMISSIBILITY FOR TRAFFICKING.—Section 212(a)(2)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 

1182(a)(2)(H)(i)) is amended by striking ‘‘who 

is listed in a report submitted pursuant to 

section 111(b) of the Trafficking Victims Protection Act of 2000’’ and inserting ‘‘who commits or conspires to commit human trafficking offenses in the United States or outside the United States’’. 

(2) GROUND OF REMOVABILITY.—Section 

237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is 

amended by adding at the end the following: 

‘‘(F) TRAFFICKING.—Any alien described in 

section 212(a)(2)(H) is deportable.’’. 

(g) AMENDMENT TO SENTENCING GUIDELINES.—Pursuant to its authority under section 994 of title 28, United States Code, the 

United States Sentencing Commission shall 

review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien harboring to ensure conformity with the sentencing guidelines applicable to persons convicted of promoting a commercial sex act 

if— 

(1) the harboring was committed in furtherance of prostitution; and 

(2) the defendant to be sentenced is an organizer, leader, manager, or supervisor of the 

criminal activity. 

SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES. 

(a) IN GENERAL.—Chapter 77 of title 18, 

United States Code, is amended by adding at 

the end the following: 

‘‘§ 1596. Additional jurisdiction in certain 

trafficking offenses 

‘‘(a) IN GENERAL.—In addition to any domestic or extra-territorial jurisdiction otherwise provided by law, the courts of the 

United States have extra-territorial jurisdiction over any offense (or any attempt or conspiracy to commit an offense) under section 

1581, 1583, 1584, 1589, 1590, or 1591 if— 

‘‘(1) an alleged offender is a national of the 

United States or an alien lawfully admitted 

for permanent residence (as those terms are 

defined in section 101 of the Immigration and 

Nationality Act (8 U.S.C. 1101)); or 

‘‘(2) an alleged offender is present in the 

United States, irrespective of the nationality 

of the alleged offender. 

‘‘(b) LIMITATION ON PROSECUTIONS OF OFFENSES PROSECUTED IN OTHER COUNTRIES.— 

No prosecution may be commenced against a 

person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or 

is prosecuting such person for the conduct 

constituting such offense, except upon the 

approval of the Attorney General or the Deputy Attorney General (or a person acting in 

either such capacity), which function of approval may not be delegated.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 77 of 

title 18, United States Code, is amended by 

adding at the end the following: 

‘‘1596. Additional jurisdiction in certain trafficking offenses.’’. 

SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND 

REPEAT OFFENDER PENALTIES FOR 

SEX TRAFFICKING. 

(a) RELEASE AND DETENTION.—Subsections 

(f)(1)(A) and (g)(1) of section 3142 of title 18, 

United States Code, are amended by striking 

‘‘violence,’’ each place such term appears 

and inserting ‘‘violence, a violation of section 1591,’’. 

(b) SUBPOENAS.—Section 3486(a)(1)(D) of 

title 18, United States Code, is amended by 

inserting ‘‘1591,’’ after ‘‘1201,’’. 

(c) REPEAT OFFENDERS.—Section 

2426(b)(1)(A) of title 18, United States Code, 

is amended, by striking ‘‘or chapter 110’’ and 

inserting ‘‘chapter 110, or section 1591’’. 

SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT. 

(a) RELATIONSHIP AMONG FEDERAL AND

STATE LAW.—Nothing in this Act, the Trafficking Victims Protection Act of 2000, the 

Trafficking Victims Protection Reauthorization Act of 2003, the Trafficking Victims Protection Reauthorization Act of 2005, chapters 

77 and 117 of title 18, United States Code, or 

any model law issued by the Department of 

Justice to carry out the purposes of any of 

the aforementioned statutes— 

(1) may be construed to treat prostitution 

as a valid form of employment under Federal 

law; or 

(2) shall preempt, supplant, or limit the effect of any State or Federal criminal law. 

(b) MODEL STATE CRIMINAL PROVISIONS.—In 

addition to any model State antitrafficking 

statutes in effect on the date of the enactment of this Act, the Attorney General shall 

facilitate the promulgation of a model State 

statute that— 

(1) furthers a comprehensive approach to 

investigation and prosecution through modernization of State and local prostitution 

and pandering statutes; and 

(2) is based in part on the provisions of the 

Act of August 15, 1935 (49 Stat. 651; D.C. Code 

22–2701 et seq.) (relating to prostitution and 

pandering). 

December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10897 

(c) DISTRIBUTION.—The model statute described in subsection (b) and the text of 

chapter 27 of the Criminal Code of the District of Columbia (D.C. Code 22–2701 et seq.) 

shall be— 

(1) posted on the website of the Department of Justice; and 

(2) distributed to the Attorney General of 

each State. 

Subtitle D—Activities of the United States 

Government 

SEC. 231. ANNUAL REPORT BY THE ATTORNEY 

GENERAL. 

Section 105(d)(7) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is 

amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘section 107(b)’’ and inserting ‘‘subsections (b) and (f) of section 107’’; 

and 

(B) by inserting ‘‘the Attorney General,’’ 

after ‘‘the Secretary of Labor,’’; 

(2) in subparagraph (G), by striking ‘‘and’’ 

at the end; 

(3) by redesignating subparagraph (H) as 

subparagraph (J); and 

(4) by inserting after subparagraph (G) the 

following: 

‘‘(H) activities by the Department of Defense to combat trafficking in persons, including— 

‘‘(i) educational efforts for, and disciplinary actions taken against, members of the 

United States Armed Forces; 

‘‘(ii) the development of materials used to 

train the armed forces of foreign countries; 

and 

‘‘(iii) efforts to ensure that United States 

Government contractors and their employees 

or United States Government subcontractors 

and their employees do not engage in trafficking in persons; 

‘‘(I) activities or actions by Federal departments and agencies to enforce— 

‘‘(i) section 106(g) and any similar law, regulation, or policy relating to United States 

Government contractors and their employees 

or United States Government subcontractors 

and their employees that engage in severe 

forms of trafficking in persons, the procurement of commercial sex acts, or the use of 

forced labor, including debt bondage; 

‘‘(ii) section 307 of the Tariff Act of 1930 (19 

U.S.C. 1307; relating to prohibition on importation of convict-made goods), including any 

determinations by the Secretary of Homeland Security to waive the restrictions of 

such section; and 

‘‘(iii) prohibitions on the procurement by 

the United States Government of items or 

services produced by slave labor, consistent 

with Executive Order 13107 (December 10, 

1998); and’’. 

SEC. 232. INVESTIGATION BY THE INSPECTORS 

GENERAL. 

(a) IN GENERAL.—For each of the fiscal 

years 2010 through 2012, the Inspectors General of the Department of Defense, the Department of State, and the United States 

Agency for International Development shall 

investigate a sample of the contracts described in subsection (b). 

(b) CONTRACTS DESCRIBED.— 

(1) IN GENERAL.—The contracts described in 

subsection (a) are contracts, or subcontracts 

at any tier, under which there is a heightened risk that a contractor may engage, 

knowingly or unknowingly, in acts related 

to trafficking in persons, such as— 

(A) confiscation of an employee’s passport; 

(B) restriction on an employee’s mobility; 

(C) abrupt or evasive repatriation of an 

employee; 

(D) deception of an employee regarding the 

work destination; or 

(E) acts otherwise described in section 

106(g) of the Trafficking Victims Protection 

Act of 2000 (22 U.S.C. 7104). 

(2) CONSULTATION AND INFORMATION RECEIVED.—In determining the type of contact 

that should be investigated pursuant to subsection (a), the Inspectors General shall— 

(A) consult with the Director of the Office 

to Combat Trafficking in Persons of the Department of State; and 

(B) take into account any credible information received regarding report of trafficking in persons. 

(c) CONGRESSIONAL NOTIFICATION.— 

(1) IN GENERAL.—Not later than January 15, 

2009, and annually thereafter through January 15, 2011, each Inspector General shall submit a report to the congressional committees listed in paragraph (3)— 

(A) summarizing the findings of the investigations conducted in the previous year, including any findings regarding trafficking in 

persons or any improvements needed to prevent trafficking in persons; and 

(B) in the case of any contractor or subcontractor with regard to which the Inspector 

General has found substantial evidence of 

trafficking in persons, report as to— 

(i) whether or not the case has been referred for prosecution; and 

(ii) whether or not the case has been treated in accordance with section 106(g) of the 

Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7104) (relating to termination of 

certain grants, contracts and cooperative 

agreements). 

(2) JOINT REPORT.—The Inspectors General 

described in subsection (a) may submit their 

reports jointly. 

(3) CONGRESSIONAL COMMITTEES.—The committees list in this paragraph are— 

(A) the Committee on Armed Services of 

the Senate; 

(B) the Committee on Foreign Relations of 

the Senate; 

(C) the Committee on Armed Services of 

the House of Representatives; and 

(D) the Committee on Foreign Affairs of 

the House of Representatives. 

SEC. 233. SENIOR POLICY OPERATING GROUP. 

Section 206 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 

U.S.C. 14044d) is amended by striking ‘‘, as 

the department or agency determines appropriate,’’. 

SEC. 234. PREVENTING UNITED STATES TRAVEL 

BY TRAFFICKERS. 

Section 212(a)(2)(H)(i) of the Immigration 

and Nationality Act (8 U.S.C. 1182(a)(2)(H)(i)) 

is amended by striking ‘‘consular officer’’ 

and inserting ‘‘consular officer, the Secretary of Homeland Security, the Secretary 

of State,’’. 

SEC. 235. ENHANCING EFFORTS TO COMBAT THE 

TRAFFICKING OF CHILDREN. 

(a) COMBATING CHILD TRAFFICKING AT THE

BORDER AND PORTS OF ENTRY OF THE UNITED

STATES.— 

(1) POLICIES AND PROCEDURES.—In order to 

enhance the efforts of the United States to 

prevent trafficking in persons, the Secretary 

of Homeland Security, in conjunction with 

the Secretary of State, the Attorney General, and the Secretary of Health and Human 

Services, shall develop policies and procedures to ensure that unaccompanied alien 

children in the United States are safely repatriated to their country of nationality or of 

last habitual residence. 

(2) SPECIAL RULES FOR CHILDREN FROM CONTIGUOUS COUNTRIES.— 

(A) DETERMINATIONS.—Any unaccompanied 

alien child who is a national or habitual resident of a country that is contiguous with the 

United States shall be treated in accordance 

with subparagraph (B), if the Secretary of 

Homeland Security determines, on a case-bycase basis, that— 

(i) such child has not been a victim of a severe form of trafficking in persons, and there 

is no credible evidence that such child is at 

risk of being trafficked upon return to the 

child’s country of nationality or of last habitual residence; 

(ii) such child does not have a fear of returning to the child’s country of nationality 

or of last habitual residence owing to a credible fear of persecution; and 

(iii) the child is able to make an independent decision to withdraw the child’s application for admission to the United States. 

(B) RETURN.—An immigration officer who 

finds an unaccompanied alien child described 

in subparagraph (A) at a land border or port 

of entry of the United States and determines 

that such child is inadmissible under the Immigration and Nationality Act (8 U.S.C. 1101 

et seq.) may— 

(i) permit such child to withdraw the 

child’s application for admission pursuant to 

section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and 

(ii) return such child to the child’s country 

of nationality or country of last habitual 

residence. 

(C) CONTIGUOUS COUNTRY AGREEMENTS.— 

The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States with 

respect to the repatriation of children. Such 

agreements shall be designed to protect children from severe forms of trafficking in persons, and shall, at a minimum, provide 

that— 

(i) no child shall be returned to the child’s 

country of nationality or of last habitual 

residence unless returned to appropriate employees or officials, including child welfare 

officials where available, of the accepting 

country’s government; 

(ii) no child shall be returned to the child’s 

country of nationality or of last habitual 

residence outside of reasonable business 

hours; and 

(iii) border personnel of the countries that 

are parties to such agreements are trained in 

the terms of such agreements. 

(3) RULE FOR OTHER CHILDREN.—The custody of unaccompanied alien children not described in paragraph (2)(A) who are apprehended at the border of the United States or 

at a United States port of entry shall be 

treated in accordance with subsection (b). 

(4) SCREENING.—Within 48 hours of the apprehension of a child who is believed to be 

described in paragraph (2)(A), but in any 

event prior to returning such child to the 

child’s country of nationality or of last habitual residence, the child shall be screened 

to determine whether the child meets the 

criteria listed in paragraph (2)(A). If the 

child does not meet such criteria, or if no determination can be made within 48 hours of 

apprehension, the child shall immediately be 

transferred to the Secretary of Health and 

Human Services and treated in accordance 

with subsection (b). Nothing in this paragraph may be construed to preclude an earlier transfer of the child. 

(5) ENSURING THE SAFE REPATRIATION OF

CHILDREN.— 

(A) REPATRIATION PILOT PROGRAM.—To protect children from trafficking and exploitation, the Secretary of State shall create a 

pilot program, in conjunction with the Secretary of Health and Human Services and the 

Secretary of Homeland Security, nongovernmental organizations, and other national 

and international agencies and experts, to 

develop and implement best practices to ensure the safe and sustainable repatriation 

and reintegration of unaccompanied alien 

children into their country of nationality or 

of last habitual residence, including placement with their families, legal guardians, or 

other sponsoring agencies. 

(B) ASSESSMENT OF COUNTRY CONDITIONS.— 

The Secretary of Homeland Security shall 

H10898 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

consult the Department of State’s Country 

Reports on Human Rights Practices and the 

Trafficking in Persons Report in assessing 

whether to repatriate an unaccompanied 

alien child to a particular country. 

(C) REPORT ON REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.—Not later than 18 

months after the date of the enactment of 

this Act, and annually thereafter, the Secretary of State and the Secretary of Health 

and Human Services, with assistance from 

the Secretary of Homeland Security, shall 

submit a report to the Committee on the Judiciary of the Senate and the Committee on 

the Judiciary of the House of Representatives on efforts to improve repatriation programs for unaccompanied alien children. 

Such report shall include— 

(i) the number of unaccompanied alien 

children ordered removed and the number of 

such children actually removed from the 

United States; 

(ii) a statement of the nationalities, ages, 

and gender of such children; 

(iii) a description of the policies and procedures used to effect the removal of such children from the United States and the steps 

taken to ensure that such children were safely and humanely repatriated to their country of nationality or of last habitual residence, including a description of the repatriation pilot program created pursuant to subparagraph (A); 

(iv) a description of the type of immigration relief sought and denied to such children; 

(v) any information gathered in assessments of country and local conditions pursuant to paragraph (2); and 

(vi) statistical information and other data 

on unaccompanied alien children as provided 

for in section 462(b)(1)(J) of the Homeland 

Security Act of 2002 (6 U.S.C. 279(b)(1)(J)). 

(D) PLACEMENT IN REMOVAL PROCEEDINGS.— 

Any unaccompanied alien child sought to be 

removed by the Department of Homeland Security, except for an unaccompanied alien 

child from a contiguous country subject to 

exceptions under subsection (a)(2), shall be— 

(i) placed in removal proceedings under 

section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a); 

(ii) eligible for relief under section 240B of 

such Act (8 U.S.C. 1229c) at no cost to the 

child; and 

(iii) provided access to counsel in accordance with subsection (c)(5). 

(b) COMBATING CHILD TRAFFICKING AND EXPLOITATION IN THE UNITED STATES.— 

(1) CARE AND CUSTODY OF UNACCOMPANIED

ALIEN CHILDREN.—Consistent with section 462 

of the Homeland Security Act of 2002 (6 

U.S.C. 279), and except as otherwise provided 

under subsection (a), the care and custody of 

all unaccompanied alien children, including 

responsibility for their detention, where appropriate, shall be the responsibility of the 

Secretary of Health and Human Services. 

(2) NOTIFICATION.—Each department or 

agency of the Federal Government shall notify the Department of Health and Human 

services within 48 hours upon— 

(A) the apprehension or discovery of an unaccompanied alien child; or 

(B) any claim or suspicion that an alien in 

the custody of such department or agency is 

under 18 years of age. 

(3) TRANSFERS OF UNACCOMPANIED ALIEN

CHILDREN.—Except in the case of exceptional 

circumstances, any department or agency of 

the Federal Government that has an unaccompanied alien child in custody shall transfer the custody of such child to the Secretary of Health and Human Services not 

later than 72 hours after determining that 

such child is an unaccompanied alien child. 

(4) AGE DETERMINATIONS.—The Secretary of 

Health and Human Services, in consultation 

with the Secretary of Homeland Security, 

shall develop procedures to make a prompt 

determination of the age of an alien, which 

shall be used by the Secretary of Homeland 

Security and the Secretary of Health and 

Human Services for children in their respective custody. At a minimum, these procedures shall take into account multiple forms 

of evidence, including the non-exclusive use 

of radiographs, to determine the age of the 

unaccompanied alien. 

(c) PROVIDING SAFE AND SECURE PLACEMENTS FOR CHILDREN.— 

(1) POLICIES AND PROGRAMS.—The Secretary 

of Health and Human Services, Secretary of 

Homeland Security, Attorney General, and 

Secretary of State shall establish policies 

and programs to ensure that unaccompanied 

alien children in the United States are protected from traffickers and other persons 

seeking to victimize or otherwise engage 

such children in criminal, harmful, or exploitative activity, including policies and 

programs reflecting best practices in witness 

security programs. 

(2) SAFE AND SECURE PLACEMENTS.—Subject 

to section 462(b)(2) of the Homeland Security 

Act of 2002 (6 U.S.C. 279(b)(2)), an unaccompanied alien child in the custody of the Secretary of Health and Human Services shall 

be promptly placed in the least restrictive 

setting that is in the best interest of the 

child. In making such placements, the Secretary may consider danger to self, danger to 

the community, and risk of flight. Placement of child trafficking victims may include placement in an Unaccompanied Refugee Minor program, pursuant to section 

412(d) of the Immigration and Nationality 

Act (8 U.S.C. 1522(d)), if a suitable family 

member is not available to provide care. A 

child shall not be placed in a secure facility 

absent a determination that the child poses 

a danger to self or others or has been 

charged with having committed a criminal 

offense. The placement of a child in a secure 

facility shall be reviewed, at a minimum, on 

a monthly basis, in accordance with procedures prescribed by the Secretary, to determine if such placement remains warranted. 

(3) SAFETY AND SUITABILITY ASSESSMENTS.— 

(A) IN GENERAL.—Subject to the requirements of subparagraph (B), an unaccompanied alien child may not be placed with a 

person or entity unless the Secretary of 

Health and Human Services makes a determination that the proposed custodian is capable of providing for the child’s physical 

and mental well-being. Such determination 

shall, at a minimum, include verification of 

the custodian’s identity and relationship to 

the child, if any, as well as an independent 

finding that the individual has not engaged 

in any activity that would indicate a potential risk to the child. 

(B) HOME STUDIES.—Before placing the 

child with an individual, the Secretary of 

Health and Human Services shall determine 

whether a home study is first necessary. A 

home study shall be conducted for a child 

who is a victim of a severe form of trafficking in persons, a special needs child with 

a disability (as defined in section 3 of the 

Americans with Disabilities Act of 1990 (42 

U.S.C. 12102(2))), a child who has been a victim of physical or sexual abuse under circumstances that indicate that the child’s 

health or welfare has been significantly 

harmed or threatened, or a child whose proposed sponsor clearly presents a risk of 

abuse, maltreatment, exploitation, or trafficking to the child based on all available objective evidence. The Secretary of Health 

and Human Services shall conduct follow-up 

services, during the pendency of removal 

proceedings, on children for whom a home 

study was conducted and is authorized to 

conduct follow-up services in cases involving 

children with mental health or other needs 

who could benefit from ongoing assistance 

from a social welfare agency. 

(C) ACCESS TO INFORMATION.—Not later 

than 2 weeks after receiving a request from 

the Secretary of Health and Human Services, 

the Secretary of Homeland Security shall 

provide information necessary to conduct 

suitability assessments from appropriate 

Federal, State, and local law enforcement 

and immigration databases. 

(4) LEGAL ORIENTATION PRESENTATIONS.— 

The Secretary of Health and Human Services 

shall cooperate with the Executive Office for 

Immigration Review to ensure that 

custodians receive legal orientation presentations provided through the Legal Orientation Program administered by the Executive 

Office for Immigration Review. At a minimum, such presentations shall address the 

custodian’s responsibility to attempt to ensure the child’s appearance at all immigration proceedings and to protect the child 

from mistreatment, exploitation, and trafficking. 

(5) ACCESS TO COUNSEL.—The Secretary of 

Health and Human Services shall ensure, to 

the greatest extent practicable and consistent with section 292 of the Immigration 

and Nationality Act (8 U.S.C. 1362), that all 

unaccompanied alien children who are or 

have been in the custody of the Secretary or 

the Secretary of Homeland Security, and 

who are not described in subsection (a)(2)(A), 

have counsel to represent them in legal proceedings or matters and protect them from 

mistreatment, exploitation, and trafficking. 

To the greatest extent practicable, the Secretary of Health and Human Services shall 

make every effort to utilize the services of 

pro bono counsel who agree to provide representation to such children without charge. 

(6) CHILD ADVOCATES.—The Secretary of 

Health and Human Services is authorized to 

appoint independent child advocates for 

child trafficking victims and other vulnerable unaccompanied alien children. A child 

advocate shall be provided access to materials necessary to effectively advocate for 

the best interest of the child. The child advocate shall not be compelled to testify or provide evidence in any proceeding concerning 

any information or opinion received from 

the child in the course of serving as a child 

advocate. The child advocate shall be presumed to be acting in good faith and be immune from civil and criminal liability for 

lawful conduct of duties as described in this 

provision. 

(d) PERMANENT PROTECTION FOR CERTAIN

AT-RISK CHILDREN.— 

(1) IN GENERAL.—Section 101(a)(27)(J) of the 

Immigration and Nationality Act (8 U.S.C. 

1101(a)(27)(J)) is amended— 

(A) in clause (i), by striking ‘‘State and 

who has been deemed eligible by that court 

for long-term foster care due to abuse, neglect, or abandonment;’’ and inserting 

‘‘State, or an individual or entity appointed 

by a State or juvenile court located in the 

United States, and whose reunification with 

one or both of the immigrant’s parents is not 

viable due to abuse, neglect, abandonment, 

or a similar basis found under State law;’’; 

and 

(B) in clause (iii)— 

(i) in the matter preceding subclause (I), by 

striking ‘‘the Attorney General expressly 

consents to the dependency order serving as 

a precondition to the grant of special immigrant juvenile status;’’ and inserting ‘‘the 

Secretary of Homeland Security consents to 

the grant of special immigrant juvenile status,’’; and 

(ii) in subclause (I), by striking ‘‘in the actual or constructive custody of the Attorney 

December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10899 

General unless the Attorney General specifically consents to such jurisdiction;’’ and inserting ‘‘in the custody of the Secretary of 

Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction;’’. 

(2) EXPEDITIOUS ADJUDICATION.—All applications for special immigrant status under 

section 101(a)(27)(J) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall 

be adjudicated by the Secretary of Homeland 

Security not later than 180 days after the 

date on which the application is filed. 

(3) ADJUSTMENT OF STATUS.—Section 

245(h)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is amended 

to read as follows: 

‘‘(A) paragraphs (4), (5)(A), (6)(A), (6)(C), 

(6)(D), (7)(A), and (9)(B) of section 212(a) shall 

not apply; and’’. 

(4) ELIGIBILITY FOR ASSISTANCE.— 

(A) IN GENERAL.—A child who has been 

granted special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) and who 

was either in the custody of the Secretary of 

Health and Human Services at the time a dependency order was granted for such child or 

who was receiving services pursuant to section 501(a) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) at the 

time such dependency order was granted, 

shall be eligible for placement and services 

under section 412(d) of the Immigration and 

Nationality Act (8 U.S.C. 1522(d)) until the 

earlier of— 

(i) the date on which the child reaches the 

age designated in section 412(d)(2)(B) of the 

Immigration and Nationality Act (8 U.S.C. 

1522(d)(2)(B)); or 

(ii) the date on which the child is placed in 

a permanent adoptive home. 

(B) STATE REIMBURSEMENT.—Subject to the 

availability of appropriations, if State foster 

care funds are expended on behalf of a child 

who is not described in subparagraph (A) and 

has been granted special immigrant status 

under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(27)(J)), the Federal Government shall 

reimburse the State in which the child resides for such expenditures by the State. 

(5) STATE COURTS ACTING IN LOCO

PARENTIS.—A department or agency of a 

State, or an individual or entity appointed 

by a State court or juvenile court located in 

the United States, acting in loco parentis, 

shall not be considered a legal guardian for 

purposes of this section or section 462 of the 

Homeland Security Act of 2002 (6 U.S.C. 279). 

(6) TRANSITION RULE.—Notwithstanding 

any other provision of law, an alien described in section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(27)(J)), as amended by paragraph (1), 

may not be denied special immigrant status 

under such section after the date of the enactment of this Act based on age if the alien 

was a child on the date on which the alien 

applied for such status. 

(7) ACCESS TO ASYLUM PROTECTIONS.—Section 208 of the Immigration and Nationality 

Act (8 U.S.C. 1158) is amended— 

(A) in subsection (a)(2), by adding at the 

end the following: 

‘‘(E) APPLICABILITY.—Subparagraphs (A) 

and (B) shall not apply to an unaccompanied 

alien child (as defined in section 462(g) of the 

Homeland Security Act of 2002 (6 U.S.C. 

279(g))).’’; and 

(B) in subsection (b)(3), by adding at the 

end the following: 

‘‘(C) INITIAL JURISDICTION.—An asylum officer (as defined in section 235(b)(1)(E)) shall 

have initial jurisdiction over any asylum application filed by an unaccompanied alien 

child (as defined in section 462(g) of the 

Homeland Security Act of 2002 (6 U.S.C. 

279(g))), regardless of whether filed in accordance with this section or section 235(b).’’. 

(8) SPECIALIZED NEEDS OF UNACCOMPANIED

ALIEN CHILDREN.—Applications for asylum 

and other forms of relief from removal in 

which an unaccompanied alien child is the 

principal applicant shall be governed by regulations which take into account the specialized needs of unaccompanied alien children 

and which address both procedural and substantive aspects of handling unaccompanied 

alien children’s cases. 

(e) TRAINING.—The Secretary of State, the 

Secretary of Homeland Security, the Secretary of Health and Human Services, and 

the Attorney General shall provide specialized training to all Federal personnel, and 

upon request, state and local personnel, who 

have substantive contact with unaccompanied alien children. Such personnel shall 

be trained to work with unaccompanied alien 

children, including identifying children who 

are victims of severe forms of trafficking in 

persons, and children for whom asylum or 

special immigrant relief may be appropriate, 

including children described in subsection 

(a)(2). 

(f) AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.— 

(1) ADDITIONAL RESPONSIBILITIES.—Section 

462(b)(1)(L) of the Homeland Security Act of 

2002 (6 U.S.C. 279(b)(1)(L)) is amended by 

striking the period at the end and inserting 

‘‘, including regular follow-up visits to such 

facilities, placements, and other entities, to 

assess the continued suitability of such 

placements.’’. 

(2) TECHNICAL CORRECTIONS.—Section 462(b) 

of such Act (6 U.S.C. 279(b)) is further amended— 

(A) in paragraph (3), by striking ‘‘paragraph (1)(G),’’ and inserting ‘‘paragraph (1),’’; 

and 

(B) by adding at the end the following: 

‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

paragraph (2)(B) may be construed to require 

that a bond be posted for an unaccompanied 

alien child who is released to a qualified 

sponsor.’’. 

(g) DEFINITION OF UNACCOMPANIED ALIEN

CHILD.—For purposes of this section, the 

term ‘‘unaccompanied alien child’’ has the 

meaning given such term in section 462(g) of 

the Homeland Security Act of 2002 (6 U.S.C. 

279(g)). 

(h) EFFECTIVE DATE.—This section— 

(1) shall take effect on the date that is 90 

days after the date of the enactment of this 

Act; and 

(2) shall also apply to all aliens in the 

United States in pending proceedings before 

the Department of Homeland Security or the 

Executive Office for Immigration Review, or 

related administrative or Federal appeals, on 

the date of the enactment of this Act. 

(i) GRANTS AND CONTRACTS.—The Secretary 

of Health and Human Services may award 

grants to, and enter into contracts with, voluntary agencies to carry out this section and 

section 462 of the Homeland Security Act of 

2002 (6 U.S.C. 279). 

SEC. 236. RESTRICTION OF PASSPORTS FOR SEX 

TOURISM. 

(a) IN GENERAL.—Following any conviction 

of an individual for a violation of section 

2423 of title 18, United States Code, the Attorney General shall notify in a timely manner— 

(1) the Secretary of State for appropriate 

action under subsection (b); and 

(2) the Secretary of Homeland Security for 

appropriate action under the Immigration 

and Nationality Act. 

(b) AUTHORITY TO RESTRICT PASSPORT.— 

(1) INELIGIBILITY FOR PASSPORT.— 

(A) IN GENERAL.—The Secretary of State 

shall not issue a passport or passport card to 

an individual who is convicted of a violation 

of section 2423 of title 18, United States Code, 

during the covered period if the individual 

used a passport or passport card or otherwise 

crossed an international border in committing the offense. 

(B) PASSPORT REVOCATION.—The Secretary 

of State shall revoke a passport or passport 

card previously issued to an individual described in subparagraph (A). 

(2) EXCEPTIONS.— 

(A) EMERGENCY AND HUMANITARIAN SITUATIONS.—Notwithstanding paragraph (1), the 

Secretary of State may issue a passport or 

passport card, in emergency circumstances 

or for humanitarian reasons, to an individual 

described in paragraph (1)(A). 

(B) LIMITATION FOR RETURN TO UNITED

STATES.—Notwithstanding paragraph (1), the 

Secretary of State may, prior to revocation, 

limit a previously issued passport or passport card only for return travel to the United 

States, or may issue a limited passport or 

passport card that only permits return travel to the United States. 

(3) DEFINITIONS.—In this subsection— 

(A) the term ‘‘covered period’’ means the 

period beginning on the date on which an individual is convicted of a violation of section 

2423 of title 18, United States Code, and ending on the later of— 

(i) the date on which the individual is released from a sentence of imprisonment relating to the offense; and 

(ii) the end of a period of parole or other 

supervised release of the covered individual 

relating to the offense; and 

(B) the term ‘‘imprisonment’’ means being 

confined in or otherwise restricted to a jail, 

prison, half-way house, treatment facility, or 

another institution, on a full or part-time 

basis, pursuant to the sentence imposed as 

the result of a criminal conviction. 

SEC. 237. ADDITIONAL REPORTING ON CRIME. 

(a) TRAFFICKING OFFENSE CLASSIFICATION.— 

The Director of the Federal Bureau of Investigation shall— 

(1) classify the offense of human trafficking as a part I crime in the Uniform 

Crime Reports; 

(2) to the extent feasible, establish subcategories for State sex crimes that involve— 

(A) a person who is younger than 18 years 

of age; 

(B) the use of force, fraud or coercion; or 

(C) neither of the elements described in 

subparagraphs (A) and (B); and 

(3) classify the offense of human trafficking as a Group A offense for purpose of 

the National Incident-Based Reporting System. 

(b) ADDITIONAL INFORMATION.—The Director of the Federal Bureau of Investigation 

shall revise the Uniform Crime Reporting 

System and the National Incident-Based Reporting System to distinguish between reports of— 

(1) incidents of assisting or promoting 

prostitution, which shall include crimes 

committed by persons who— 

(A) do not directly engage in commercial 

sex acts; and 

(B) direct, manage, or profit from such 

acts, such as State pimping and pandering 

crimes; 

(2) incidents of purchasing prostitution, 

which shall include crimes committed by 

persons who purchase or attempt to purchase 

or trade anything of value for commercial 

sex acts; and 

(3) incidents of prostitution, which shall 

include crimes committed by persons providing or attempting to provide commercial 

sex acts. 

(c) REPORTS AND STUDIES.— 

(1) REPORTS.—Not later than February 1, 

2010, the Attorney General shall submit to 

the Committee on Foreign Affairs and the 

H10900 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

Committee on the Judiciary of the House of 

Representatives and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate reports on the following: 

(A) Activities or actions, in fiscal years 

2001 through 2009, by Federal departments 

and agencies to enforce the offenses set forth 

in chapter 117 of title 18, United States Code, 

including information regarding the number 

of prosecutions, the number of convictions, 

an identification of multiple-defendant cases 

and the results thereof, and, for fiscal years 

2008 and 2009, the number of prosecutions, 

the number of convictions, and an identification of multiple-defendant case and the results thereof, the use of expanded statutes of 

limitation and other tools to prosecute 

crimes against children who reached the age 

of eighteen years since the time the crime 

was committed. 

(B) The interaction, in Federal human trafficking prosecutions in fiscal years 2001 

through 2010, of Federal restitution provisions with those provisions of law allowing 

restoration and remission of criminally and 

civilly forfeited property, including the distribution of proceeds among multiple victims. 

(C) Activities or actions, in fiscal years 

2001 through 2010, to enforce the offenses set 

forth in chapters 95 and 96 of title 18, United 

States Code, in cases involving human trafficking, sex trafficking, or prostitution offenses. 

(D) Activities or actions, in fiscal years 

2008 and 2009, by Federal departments and 

agencies to enforce the offenses set forth in 

the Act of August 15, 1935 (49 Stat. 651; D.C. 

Code 22–2701 et seq.) (relating to prostitution 

and pandering), including information regarding the number of prosecutions, the 

number of convictions, and an identification 

of multiple-defendant cases and the results 

thereof. 

(2) STUDIES.—Subject to availability of appropriations, the head of the National Institute of Justice shall conduct— 

(A) a comprehensive study to examine the 

use of Internet-based businesses and services 

by criminal actors in the sex industry, and 

to disseminate best practices for investigation and prosecution of trafficking and prostitution offenses involving the Internet; and 

(B) a comprehensive study to examine the 

application of State human trafficking statutes, including such statutes based on the 

model law developed by the Department of 

Justice, cases prosecuted thereunder, and 

the impact, if any, on enforcement of other 

State criminal statutes. 

(3) STUDIES PREVIOUSLY REQUIRED BY LAW.— 

Not later than 90 days after the date of the 

enactment of this Act, the Attorney General 

shall report to the Committee on Foreign Affairs and the Committee on the Judiciary of 

the House of Representatives and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate on the 

status of the studies required by 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)(1)) and indicate 

the projected date when such studies will be 

completed. 

SEC. 238. PROCESSING OF CERTAIN VISAS. 

(a) REPORT.—Not later than 180 days after 

the date of the enactment of this Act, the 

Secretary of Homeland Security shall submit to the Committee on Foreign Affairs and 

the Committee on the Judiciary of the House 

of Representatives and the Committee on 

Foreign Relations and the Committee on the 

Judiciary of the Senate a report on the operations of the specially-trained Violence 

Against Women Act Unit at the Citizenship 

and Immigration Service’s Vermont Service 

Center. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following elements: 

(1) Detailed information about the funds 

expended to support the work of the Violence 

Against Women Act Unit at the Vermont 

Service Center. 

(2) A description of training for adjudicators, victim witness liaison officers, managers, and others working in the Violence 

Against Women Act Unit, including general 

training and training on confidentiality 

issues. 

(3) Measures taken to ensure the retention 

of specially-trained staff within the Violence 

Against Women Act Unit. 

(4) Measures taken to ensure the creation 

and retention of a core of supervisory staff 

within the Violence Against Women Act 

Unit and the Vermont Service Center with 

responsibility over resource allocation, policy, program development, training and 

other substantive or operational issues affecting the Unit, who have historical knowledge and experience with the Trafficking 

Victims Protection Act of 2000, the Violence 

Against Women Act of 1994, Violence Against 

Women Act of 1994 confidentiality, and the 

specialized policies and procedures of the Department of Homeland Security and its predecessor agencies in such cases. 

(5) Measures taken to ensure routine consultation between the Violence Against 

Women Act Unit, U.S. Citizenship and Immigration Services Headquarters, and the Office of Policy and Strategy during the development of any Department of Homeland Security regulations or policies that impact 

Violence Against Women Act of 1994 confidentiality-protected victims and their derivative family members. 

(6) Information on any circumstances in 

which victim-based immigration applications have been adjudicated by entities other 

than the Violence Against Women Act Unit 

at the Vermont Service Center, including 

reasons for such action and what steps, if 

any, were taken to ensure that such applications were handled by trained personnel and 

what steps were taken to comply with the 

confidentiality provisions of the Violence 

Against Women Act of 1994. 

(7) Information on the time in which it 

takes to adjudicate victim-based immigration applications, including the issuance of 

visas, work authorization and deferred action in a timely manner consistent with the 

safe and competent processing of such applications, and steps taken to improve in this 

area. 

SEC. 239. TEMPORARY INCREASE IN FEE FOR 

CERTAIN CONSULAR SERVICES. 

(a) INCREASE IN FEE.—Notwithstanding any 

other provision of law, not later than October 1, 2009, the Secretary of State shall increase by $1 the fee or surcharge assessed 

under section 140(a) of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995 

(Public Law 103–236; 8 U.S.C. 1351 note) for 

processing machine-readable nonimmigrant 

visas and machine-readable combined border 

crossing identification cards and nonimmigrant visas. 

(b) DEPOSIT OF AMOUNTS.—Notwithstanding 

section 140(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 

(Public Law 103–236; 8 U.S.C. 1351 note), the 

additional amount collected pursuant the fee 

increase under subsection (a) shall be deposited in the Treasury. 

(c) DURATION OF INCREASE.—The fee increase authorized under subsection (a) shall 

terminate on the date that is 3 years after 

the first date on which such increased fee is 

collected. 

TITLE III—AUTHORIZATIONS OF 

APPROPRIATIONS 

SEC. 301. TRAFFICKING VICTIMS PROTECTION 

ACT OF 2000. 

Section 113 of the Trafficking Victims Protection Act of 2000, as amended by section 

213(a)(2), is amended— 

(1) in subsection (a)— 

(A) in the first sentence— 

(i) by striking ‘‘section 104, and’’; and 

(ii) by striking ‘‘$1,500,000’’ and all that follows through ‘‘$5,500,000 for each of the fiscal 

years 2006 and 2007’’ and inserting ‘‘$5,500,000 

for each of the fiscal years 2008 through 

2011’’; and 

(B) in the second sentence— 

(i) by striking ‘‘for official reception and 

representation expenses $3,000’’ and inserting 

‘‘$1,500,000 for additional personnel for each 

of the fiscal years 2008 through 2011, and 

$3,000 for official reception and representation expenses’’; and 

(ii) by striking ‘‘2006 and 2007’’ and inserting ‘‘2008 through 2011’’; 

(2) in subsection (b)(1), by striking 

‘‘$5,000,000’’ and all that follows and inserting 

‘‘$12,500,000 for each of the fiscal years 2008 

through 2011’’; 

(3) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘2004, 2005, 2006, and 2007’’ 

each place it appears and inserting ‘‘2008 

through 2011’’; and 

(ii) in subparagraph (B), by adding at the 

end the following: ‘‘To carry out the purposes of section 107(a)(1)(F), there are authorized to be appropriated to the Secretary 

of State $1,000,000 for each of the fiscal years 

2008 through 2011.’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraph (3) as paragraph (2); and 

(D) in paragraph (2), as redesignated— 

(i) by striking ‘‘section 104’’ and inserting 

‘‘sections 116(f) and 502B(h) of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2151n(f) and 

2304(h))’’; and 

(ii) by striking ‘‘, including the preparation’’ and all that follows and inserting a period; 

(4) in subsection (d)— 

(A) in the first sentence, by striking 

‘‘$5,000,000’’ and all that follows through 

‘‘2007’’ and inserting ‘‘$10,000,000 for each of 

the fiscal years 2008 through 2011’’; and 

(B) in the second sentence, by striking 

‘‘2004, 2005, 2006, and 2007’’ and inserting ‘‘2008 

through 2011’’; 

(5) in subsection (e)— 

(A) in paragraph (1), by striking 

‘‘$5,000,000’’ and all that follows and inserting 

‘‘$15,000,000 for each of the fiscal years 2008 

through 2011.’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘section 109’’ and inserting 

‘‘section 134 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2152d)’’; and 

(ii) by striking ‘‘$5,000,000’’ and all that follows and inserting ‘‘$15,000,000 for each of the 

fiscal years 2008 through 2011.’’; and 

(C) in paragraph (3), by striking ‘‘$300,000’’ 

and all that follows and inserting ‘‘$2,000,000 

for each of the fiscal years 2008 through 

2011.’’; 

(6) in subsection (f), by striking 

‘‘$5,000,000’’ and all that follows and inserting 

‘‘$10,000,000 for each of the fiscal years 2008 

through 2011.’’; 

(7) in subsection (h), by striking ‘‘fiscal 

year 2006’’ and inserting ‘‘each of the fiscal 

years 2008 through 2011’’; and 

(8) in subsection (i), by striking ‘‘2006 and 

2007’’ and inserting ‘‘2008 through 2011’’. 

SEC. 302. TRAFFICKING VICTIMS PROTECTION 

REAUTHORIZATION ACT OF 2005. 

The Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164) is 

amended— 

December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10901 

(1) in section 102(b)(7), by striking ‘‘2006 

and 2007’’ and inserting ‘‘2008 through 2011’’; 

(2) in section 201(c)— 

(A) in paragraph (1), by striking ‘‘$2,500,000 

for each of the fiscal years 2006 and 2007’’ 

each place it appears and inserting 

‘‘$1,500,000 for each of the fiscal years 2008 

through 2011’’; and 

(B) in paragraph (2), by striking ‘‘2006 and 

2007’’ and inserting ‘‘2008 through 2011’’; 

(3) in section 202(d), by striking ‘‘$10,000,000 

for each of the fiscal years 2006 and 2007’’ and 

inserting ‘‘$8,000,000 for each of the fiscal 

years 2008 through 2011’’; 

(4) in section 203(g), by striking ‘‘2006 and 

2007’’ and inserting ‘‘2008 through 2011’’; and 

(5) in section 204(d), by striking ‘‘$25,000,000 

for each of the fiscal years 2006 and 2007’’ and 

inserting ‘‘$20,000,000 for each of the fiscal 

years 2008 through 2011’’. 

SEC. 303. RULE OF CONSTRUCTION. 

The amendments made by sections 301 and 

302 may not be construed to affect the availability of funds appropriated pursuant to the 

authorizations of appropriations under the 

Trafficking Victims Protection Act of 2000 

(division A of Public Law 106–386; 22 U.S.C. 

7101 et seq.) and the Trafficking Victims Protection Reauthorization Act of 2005 (Public 

Law 109–164) before the date of the enactment of this Act. 

SEC. 304. TECHNICAL AMENDMENTS. 

(a) TRAFFICKING VICTIMS PROTECTION ACT

OF 2000.—Sections 103(1) and 105(d)(7) of the 

Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7102(1) and 7103(d)(7)) are each 

amended by striking ‘‘Committee on International Relations’’ each place it appears 

and inserting ‘‘Committee on Foreign Affairs’’. 

(b) TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005.—Section 102(b)(6) 

and subsections (c)(2)(B)(i) and (e)(2) of section 104 of the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 

109–164) are amended by striking ‘‘Committee 

on International Relations’’ each place it appears and inserting ‘‘Committee on Foreign 

Affairs’’. 

TITLE IV—CHILD SOLDIERS PREVENTION 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Child Soldiers Prevention Act of 2008’’. 

SEC. 402. DEFINITIONS. 

In this title: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional 

committees’’ means— 

(A) the Committee on Foreign Relations of 

the Senate; 

(B) the Committee on Appropriations of 

the Senate; 

(C) the Committee on Foreign Affairs of 

the House of Representatives; and 

(D) the Committee on Appropriations of 

the House of Representatives. 

(2) CHILD SOLDIER.—Consistent with the 

provisions of the Optional Protocol to the 

Convention of the Rights of the Child, the 

term ‘‘child soldier’’— 

(A) means— 

(i) any person under 18 years of age who 

takes a direct part in hostilities as a member 

of governmental armed forces; 

(ii) any person under 18 years of age who 

has been compulsorily recruited into governmental armed forces; 

(iii) any person under 15 years of age who 

has been voluntarily recruited into governmental armed forces; or 

(iv) any person under 18 years of age who 

has been recruited or used in hostilities by 

armed forces distinct from the armed forces 

of a state; and 

(B) includes any person described in 

clauses (ii), (iii), or (iv) of subparagraph (A) 

who is serving in any capacity, including in 

a support role such as a cook, porter, messenger, medic, guard, or sex slave. 

SEC. 403. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) the United States Government should 

condemn the conscription, forced recruitment, or use of children by governments, 

paramilitaries, or other organizations; 

(2) the United States Government should 

support and, to the extent practicable, lead 

efforts to establish and uphold international 

standards designed to end the abuse of 

human rights described in paragraph (1); 

(3) the United States Government should 

expand ongoing services to rehabilitate recovered child soldiers and to reintegrate 

such children back into their respective 

communities by— 

(A) offering ongoing psychological services 

to help such children— 

(i) to recover from the trauma suffered 

during their forced military involvement; 

(ii) to relearn how to interact with others 

in nonviolent ways so that such children are 

no longer a danger to their respective communities; and 

(iii) by taking into consideration the needs 

of girl soldiers, who may be at risk of exclusion from disarmament, demobilization, and 

reintegration programs; 

(B) facilitating reconciliation with such 

communities through negotiations with traditional leaders and elders to enable recovered abductees to resume normal lives in 

such communities; and 

(C) providing educational and vocational 

assistance; 

(4) the United States should work with the 

international community, including, as appropriate, third country governments, nongovernmental organizations, faith-based organizations, United Nations agencies, local 

governments, labor unions, and private enterprises— 

(A) to bring to justice rebel and paramilitary forces that kidnap children for use 

as child soldiers; 

(B) to recover those children who have 

been abducted; and 

(C) to assist such children to be rehabilitated and reintegrated into their respective 

communities; 

(5) the Secretary of State, the Secretary of 

Labor, and the Secretary of Defense should 

coordinate programs to achieve the goals described in paragraph (3); 

(6) United States diplomatic missions in 

countries in which the use of child soldiers is 

an issue, whether or not such use is supported or sanctioned by the governments of 

such countries, should include in their mission program plans a strategy to achieve the 

goals described in paragraph (3); 

(7) United States diplomatic missions in 

countries in which governments use or tolerate child soldiers should develop strategies, as part of annual program planning— 

(A) to promote efforts to end such abuse of 

human rights; and 

(B) to identify and integrate global best 

practices, as available, into such strategies 

to avoid duplication of effort; and 

(8) in allocating or recommending the allocation of funds or recommending candidates 

for programs and grants funded by the 

United States Government, United States 

diplomatic missions should give serious consideration to those programs and candidates 

that are expected to promote the end to the 

abuse of human rights described in this section. 

SEC. 404. PROHIBITION. 

(a) IN GENERAL.—Subject to subsections 

(b), (c), and (d), the authorities contained in 

section 516 or 541 of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2321j or 2347) or section 

23 of the Arms Export Control Act (22 U.S.C. 

2763) may not be used to provide assistance 

to, and no licenses for direct commercial 

sales of military equipment may be issued 

to, the government of a country that is 

clearly identified, pursuant to subsection (b), 

for the most recent year preceding the fiscal 

year in which the authorities or license 

would have been used or issued in the absence of a violation of this title, as having 

governmental armed forces or governmentsupported armed groups, including 

paramilitaries, militias, or civil defense 

forces, that recruit and use child soldiers. 

(b) IDENTIFICATION AND NOTIFICATION TO

COUNTRIES IN VIOLATION OF STANDARDS.— 

(1) PUBLICATION OF LIST OF FOREIGN GOVERNMENTS.—The Secretary of State shall include a list of the foreign governments that 

have violated the standards under this title 

and are subject to the prohibition in subsection (a) in the report required under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)). 

(2) NOTIFICATION OF FOREIGN COUNTRIES.— 

The Secretary of State shall formally notify 

any government identified pursuant to subsection (a). 

(c) NATIONAL INTEREST WAIVER.— 

(1) WAIVER.—The President may waive the 

application to a country of the prohibition in 

subsection (a) if the President determines 

that such waiver is in the national interest 

of the United States. 

(2) PUBLICATION AND NOTIFICATION.—Not 

later than 45 days after each waiver is granted under paragraph (1), the President shall 

notify the appropriate congressional committees of the waiver and the justification 

for granting such waiver. 

(d) REINSTATEMENT OF ASSISTANCE.—The 

President may provide to a country assistance otherwise prohibited under subsection 

(a) upon certifying to the appropriate congressional committees that the government 

of such country— 

(1) has implemented measures that include 

an action plan and actual steps to come into 

compliance with the standards outlined in 

section 404(b); and 

(2) has implemented policies and mechanisms to prohibit and prevent future government or government-supported use of child 

soldiers and to ensure that no children are 

recruited, conscripted, or otherwise compelled to serve as child soldiers. 

(e) EXCEPTION FOR PROGRAMS DIRECTLY RELATED TO ADDRESSING THE PROBLEM OF CHILD

SOLDIERS OR PROFESSIONALIZATION OF THE

MILITARY.— 

(1) IN GENERAL.—The President may provide assistance to a country for international military education, training, and 

nonlethal supplies (as defined in section 

2557(d)(1)(B) of title 10, United States Code) 

otherwise prohibited under subsection (a) 

upon certifying to the appropriate congressional committees that— 

(A) the government of such country is taking reasonable steps to implement effective 

measures to demobilize child soldiers in its 

forces or in government-supported 

paramilitaries and is taking reasonable steps 

within the context of its national resources 

to provide demobilization, rehabilitation, 

and reintegration assistance to those former 

child soldiers; and 

(B) the assistance provided by the United 

States Government to the government of 

such country will go to programs that will 

directly support professionalization of the 

military. 

(2) LIMITATION.—The exception under paragraph (1) may not remain in effect for a 

country for more than 5 years. 

SEC. 405. REPORTS. 

(a) INVESTIGATION OF ALLEGATIONS REGARDING CHILD SOLDIERS.—United States missions 

H10902 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

abroad shall thoroughly investigate reports 

of the use of child soldiers. 

(b) INFORMATION FOR ANNUAL HUMAN

RIGHTS REPORTS.—In preparing those portions of the annual Human Rights Report 

that relate to child soldiers under sections 

116 and 502B of the Foreign Assistance Act of 

1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary of State shall ensure that such reports include a description of the use of child 

soldiers in each foreign country, including— 

(1) trends toward improvement in such 

country of the status of child soldiers or the 

continued or increased tolerance of such 

practices; and 

(2) the role of the government of such 

country in engaging in or tolerating the use 

of child soldiers. 

(c) ANNUAL REPORT TO CONGRESS.—If, during any of the 5 years following the date of 

the enactment of this Act, a country is notified pursuant to section 404(b)(2), or a wavier 

is granted pursuant to section 404(c)(1), the 

President shall submit a report to the appropriate congressional committees not later 

than June 15 of the following year. The report shall include— 

(1) a list of the countries receiving notification that they are in violation of the 

standards under this title; 

(2) a list of any waivers or exceptions exercised under this title; 

(3) justification for any such waivers and 

exceptions; and 

(4) a description of any assistance provided 

under this title pursuant to the issuance of 

such waiver. 

SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS. 

Section 708 of the Foreign Service Act of 

1980 (22 U.S.C. 4028) is amended by adding at 

the end the following: 

‘‘(c) The Secretary of State, with the assistance of other relevant officials, shall establish as part of the standard training provided for chiefs of mission, deputy chiefs of 

mission, and other officers of the Service 

who are or will be involved in the assessment 

of child soldier use or the drafting of the annual Human Rights Report instruction on 

matters related to child soldiers, and the 

substance of the Child Soldiers Prevention 

Act of 2008.’’. 

SEC. 407. EFFECTIVE DATE; APPLICABILITY. 

This title, and the amendments made by 

this title, shall take effect 180 days after the 

date of the enactment of this Act. 

Mr. SMITH of New Jersey. Mr. Speaker, the 

Trafficking Victims Protection Act of 2000, 

Public Law 106–386, has made, I believe, an 

enormous positive difference in our efforts to 

end modern-day slavery, a nefarious enterprise that nets the exploiters billions of dollars 

each year. 

The 7-year-old landmark law and its numerous reinforcing provisions to prevent trafficking, to protect victims and to prosecute to 

the max those who traffic, has been a model 

statute worldwide. Indeed, many of its provisions have been adopted into law in whole or 

in part by governments around the world. 

Mr. Speaker, the TVPA of 2000 does not 

pull any punches. By naming the names of 

countries out of compliance with what we call 

minimum standards and by imposing smart 

sanctions that are prescribed in the act, the 

withholding of nonhumanitarian aid, for example, we have signaled to the world that ending 

this egregious practice is among the highest 

priorities of the United States. 

By protecting the victims and not sending 

them back to their home country where they 

are often exploited in a vicious cycle of exploitation, we say to the victims we will make 

every effort to make you safe and secure. By 

prosecuting the traffickers and imposing serious jail time, we are telling these exploiters we 

are coming after you, we will hunt you down, 

and you are going to pay for your crimes. 

Since the enactment of the TVPA, the traffickers here and abroad are increasingly likely 

to face prosecution and conviction. In the 7- 

year period before its enactment, DOJ prosecuted 91 suspected traffickers. In the last 7 

years, the Justice Department has prosecuted 

449, representing a 339 percent increase. The 

Department has secured 342 convictions and 

guilty pleas, compared with 74 in the same 

period prior to the act. And it has opened 822 

new investigations, an almost five-fold increase over the 135 opened prior to implementation of the law. Worldwide, nearly 5,700 

traffickers were prosecuted last year alone, 

and more than 3,400 were convicted. 

Notwithstanding these successes, it is clear 

that more has to be done to destroy this mobinfested, criminal enterprise known as human 

trafficking. According to research sponsored 

by the U.S. Government and completed in 

2006, approximately 800,000 people are trafficked internationally and millions more are 

trafficked within their country. According to the 

same research, the vast majority of 

transnational victims, almost 80 percent, are 

women and girls, and almost half of those 

800,000 victims are minors. These figures are 

low compared to those posited by the International Labor Organization, which estimates 

12.3 million people are subjected to forced 

labor, bonded labor, forced child labor, and 

sexual servitude. 

The continued imperative to fight modernday slavery was again brought home to me 

while I was in Russia last week. At the same 

time as I was participating in meetings with 

Russian officials about how to improve our respective countries’ efforts to fight human trafficking, the news media was reporting that a 

man who was living in my home state of New 

Jersey—just outside my district—had been accused of engaging in sex trafficking. This individual with dual U.S-Russian citizenship allegedly was traveling to St. Petersburg and hiring 

out 13- and 14-year old girls from an orphanage as prostitutes after he himself had sexually abused them. This case highlights the fact 

that we all potentially have traffickers living in 

our neighborhoods, and we must do more to 

protect our children and children everywhere 

in the world. 

The bill before us today, Mr. Speaker, is a 

very good piece of bipartisan legislation, and 

it aims to do just that by updating, expanding, 

and improving the TPVA. 

There have been lessons learned since the 

first law was enacted 8 years ago and subsequently reauthorized in 2003 and 2005. They 

are incorporated into this legislation as we try 

to do an even better job in mitigating the suffering of the victims while simultaneously 

going after those who traffic and the countries 

that harbor traffickers who are also part of the 

problem themselves. 

The bill is appropriately named after William 

Wilberforce, who was 21 years old when he 

was elected to the House of Commons in 

1780. John Newton, the former slave captain 

turned convert to Christ, encouraged Wilberforce as well as others to fight the battle 

against slavery. Wilberforce agreed and then 

poured his heart into that battle. 

Wilberforce once said: ‘‘Never, never will we 

desist until we extinguish every trace of this 

bloody traffic to which our posterity, looking 

back to the history of those enlightened times, 

will scarce believe that it has been suffered to 

exist so long to disgrace and dishonor this 

country.’’ 

He also said: ‘‘So enormous, so dreadful, so 

remediable did the trade’s wickedness quickly 

appear that my own mind was completely 

made up for its abolition.’’ We need to fight 

with Wilberforce-like tenacity against this modern-day slave trade. 

One of the most prominent provisions of the 

original TVPA was the establishment of the 

tier-ranking system that indicates how well or 

poorly a country is conforming to the minimum 

standards. We found when we created the 

watch list that some of the countries began to 

realize they could be ‘‘parked’’ there with no 

serious consequence for their failure. Tier 2 

watch list countries found there was no penalty even though they made no improvements. 

That has to change: Two years and then you 

are off the watch list, up or down. If significant 

improvements fail to materialize, or the country fails to come up with a written plan to eliminate trafficking and devote sufficient resources 

to implement that plan, the country is put on 

tier three, subject to penalties. 

Mr. Speaker, the William Wilberforce Act 

would also clarify a provision in the original 

TVPA—that should never have required clarification—that the Secretary of Health and 

Human Services must make initial determinations of benefit eligibility for minors who are 

potential trafficking victims, without the involvement of either the Attorney General or 

Secretary of Homeland Security. This should 

rectify an erroneous interpretation and application of the law by these agencies, and facilitate the immediate assistance desperately 

needed by children rescued from exploitative 

and traumatic situations. 

Among the many other important provisions 

of this bill, calls for investigations by the Inspector Generals of the Department of Defense, State Department and the United 

States Agency for International Development, 

respectively, into ascertain contracts awarded 

by those agencies. The IGs’ attention would 

be directed to contracts that carry a risk of encouraging human trafficking, including instances where a contractor or subcontractor 

may be engaging in the procurement of a 

commercial sex act. The reports to be submitted to Congress subsequent to these investigations will be valuable in ascertaining the 

commitment of our own government in combating human trafficking, and provide an example to be emulated by other governments 

as well. 

Finally, Mr. Speaker, I would emphasize that 

effective cooperation, and especially the bipartisan cooperation we see here today, and partnership with other countries, is essential if we 

are to win this winnable war. Without it, we 

are doomed to either meager results or outright failure. With so many lives hanging in the 

balance, failure simply is not an option. None 

of us alone can stop human trafficking. Too 

much evil is involved here, and the prospect of 

making billions has enticed some of the most 

unsavory and cruel individuals on Earth, including organized crime. Too much demand, 

enabled by crass indifference, unbridled hedonism and misogynistic attitudes has turned 

people, especially women, into objects, only 

valued for their utility in the brothel or in the 

sweatshop. And the relative lack of visibility 

December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10903 

makes the task of combating trafficking all the 

more difficult. 

Trafficking, like germs, infection and disease, thrives in shadowy and murky places. 

But the contagion slows and it even dies when 

exposed to the light. This legislation brings 

more light, bright light, to this problem; and it 

will act as a powerful disinfectant. 

So the challenge to us today is to bring this 

new light, the bright light of sustained scrutiny 

and enacting good laws, like this one, and 

then implementing them aggressively. We 

need to employ best practices and well-honed 

strategies in order to win the freedom of the 

slaves and to spare others unspeakable 

agony. 

Together, we can make the pimps and the 

exploiters pay by doing serious jail time as 

well as the forfeiture of their assets, their 

boats, their villas, and their fat bank accounts. 

We can end this barbaric, cruel modern-day 

slavery. Make no mistake about it, this is a 

winnable war but we need to fight in a way so 

as to win. This legislation further propels us in 

that fight, and we will win this and the slaves 

will be free. 

Ms. LORETTA SANCHEZ of California. Mr. 

Speaker, I rise in support of H.R. 7311, the 

William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 and applaud 

its passage in the House. 

This Act will allow for appropriations through 

2011 to assist in combating human trafficking 

and to further provide protection for victims of 

human sex trafficking in the United States. 

As the Chairwoman of the Committee on 

Homeland Security Subcommittee on Border, 

Maritime and Counterterrorism, I held a series 

of hearings entitled ‘‘Crossing the Border: Immigrants in Detention and Victims of Trafficking.’’ These hearings identified and discussed many urgent issues related to the prevention of human trafficking and assistance for 

victims of human trafficking. 

These issues impact countries around the 

world, whether they are a source of or destination for trafficked persons. Official estimates show that between 2 to 4 million persons are trafficked each year, including approximately 17,500 individuals who are trafficked into the United States. 

The United States must also work to improve its efforts to combat trafficking within our 

own borders. This bill will assist with enhancing the rights of victims, who are trafficked into 

the United States, and will provide special protections to child victims. 

At the same time, we must continue to work 

on this issue in our local communities. In my 

district, a number of agencies, including law 

enforcement, service providers, and community organizations have joined together to form 

the Orange County Human Trafficking, Task 

Force (OCHTTF). I am very proud of the Task 

Force’s work to reduce human trafficking in 

southern California, and I urge my colleagues 

to support these types of task forces as communities around the country work to stop 

human trafficking 

H.R. 7311 also provides critical assistance 

to victims seeking relief and access to special 

U.S. visas to protect them from their traffickers. 

I am proud to support this legislation which 

is an important step in the worldwide fight 

against human trafficking. 

Mr. BERMAN. Mr. Speaker, I, in concert 

with Mr. CONYERS, the Chairman of the Committee on the Judiciary, make the following explanatory statement regarding H.R. 7311, the 

William Wilberforce Trafficking Victims Reauthorization Act of 2008. 

H.R. 7311, the William Wilberforce Trafficking Victims Reauthorization Act of 2008, 

reauthorizes existing U.S. programs to combat human trafficking and establishes new 

requirements and programs regarding trafficking into both sexual exploitation and 

forced labor. Among a wide range of initiatives, the bill establishes new programs to 

prevent trafficking from occurring in foreign 

countries where trafficking begins, widens 

U.S. assistance programs to U.S. citizens, 

and provides additional protections for trafficking survivors who are threatened by trafficking perpetrators, and for children who 

are at risk of being repatriated into the 

hands of traffickers or abusers. 

The Wilberforce Act also improves upon 

existing criminal prohibitions against 

human traffickers, including streamlining in 

the Slavery/Trafficking chapter of the federal criminal code, and creating new criminal tools to reach unscrupulous labor recruiters. Unlike previous reauthorizations, 

this reauthorization is for four years, from 

fiscal years 2008 to 2011, recognizing that 

U.S. anti-trafficking programs have become 

more established. The bill reflects an effort 

to develop a consensus between H.R. 3887, 

passed by the House on December 4, 2007, and 

S. 3061, ordered reported by the Senate Judiciary Committee on September 8, 2008. The 

legislation draws from the common approaches in both bills and develops alternative proposals where the two bills diverge. 

This explanatory statement draws attention 

to changes in several provisions of the bill 

from the approach in H.R. 3887. Many of the 

provisions of the bill and the intent behind 

them that are closely aligned with the original provisions of H.R. 3887 are described in 

the House Report 110–430, part I, the report 

accompanying H.R. 3887. 

TITLE I 

Title I of the bill draws from substantially 

similar positions in both the House and the 

Senate bills. 

SECTION 102. OFFICE TO MONITOR AND COMBAT

TRAFFICKING

Section 102 provides more targeted amendments to section 105 of the Trafficking Victims Protection Act of 2000 with essentially 

the same objectives of requiring the establishment of the Office, promoting public-private partnerships to end trafficking and 

clarifying the role of the Director of the Office with regard to funding programs. Although the bill does not include several provisions from H.R. 3887, this should not be 

seen as failing to recognize the importance 

of the Office or the Director. The Office has 

been very effective in raising the awareness 

of the trafficking issue and should be considered for space in the new consolidated plan 

for relocating offices of the Department of 

State closer to the Harry S. Truman Building. When the head of the Office was changed 

to an Ambassadorial position, the pay rate 

for the position was actually reduced. That 

decision should be reassessed. 

SECTION 105. INCREASING EFFECTIVENESS OF

ANTI-TRAFFICKING PROGRAMS

This section draws from similar versions of 

both H.R. 3887 and S. 3061. In the new section 

107A of the Trafficking Victims Protection 

Act of 2000, subsection (b) requires a self-certification that persons or entities providing 

services directly to trafficking victims have 

completed or will complete training. This 

self-certification, which is not expected to be 

monitored in every case by the U.S. Government, is intended to apply primarily to persons actually in direct contact with and providing services to the trafficking victims, 

not interns, other volunteers or administrative or supervisory staff of organizations involved in the assistance. 

SECTION 106. MINIMUM STANDARDS FOR THE

ELIMINATION OF TRAFFICKING

This section, similar in both bills, makes a 

number of changes to section 108 of the Trafficking Victims Protection Act of 2000. With 

respect to the deletion of ‘‘a significant number of’’, the provision is intended to ensure 

that the broadest range of countries is reviewed by the Department. This section also 

separates out the provision regarding reducing the demand for commercial sex acts and 

participation in international sex tourism as 

a criteria for whether a country is making 

serious and sustained efforts to combat trafficking in persons, highlighting the importance of making progress in this area as the 

Office to Monitor and Combat Trafficking in 

Persons makes its decisions on tier ratings. 

TITLE II 

Title II reflects a number of changes to 

U.S. law, including amendments to the Immigration & Nationality Act (INA), and Title 

18 of the United States Code (related to federal crimes). Many of the provisions, particularly those relating to amendments to the 

INA, were similar in H.R. 3887 and S. 3061. 

SECTION 201. PROTECTING TRAFFICKING VICTIMS

AGAINST RETALIATION

Section 201 provides a number of modifications to provisions relating to the T and U 

visa category, drawing from both H.R. 3887 

and S. 3061. Among other matters, this section provides that a holder of a non-immigrant visa under Sections 101(A)(15)((T) or 

(U) of the Immigration and Nationality Act 

can adjust to permanent residency even if 

their T or U visas may have lapsed in the 

time period in which the adjustment regulations had not been promulgated. While adjustment regulations were released on December 8, 2008, and will control in the future, 

this provision is included as a stop-gap measure for those petitioners whose adjustment 

petitions were not processed because of the 

government’s failure to issue regulations 

until that time. 

SECTION 203. PROTECTIONS, REMEDIES AND LIMITATIONS ON ISSUANCE FOR A–3 AND G–5 VISAS. 

This section addresses the issues of employees of diplomats and officers and employees of international organizations who 

perform domestic services in the homes of 

such individuals, drawing from provisions in 

section 110 of H.R. 3887 as well as section 203 

of S. 3061. This provision is sensitive because 

of its effects on reciprocity to U.S. diplomats 

abroad. However, the failure of the Department of State to take seriously cases involving abuse has been troubling, and this provision establishes a new framework for dealing 

with these cases. In particular, subsection 

(a)(2) provides that the Secretary of State 

shall suspend the issuance of certain visa 

classes to applicants seeking to work for officials of diplomatic missions or international organization ‘‘if the Secretary determines that there is credible evidence that 

1 or more employees of such mission or 

international organization have abused or 

exploited 1 or more A–3 or G–5 non-immigrants and that the diplomatic mission or 

international organization tolerated such actions.’’ It is expected that if the Department 

of Justice or another part of the U.S. Government provides information that such an 

act has occurred, or a non-governmental organization provides such information, and 

the information is credible, the Department 

should take steps to make the mission or organization aware of such information, and if 

the mission or organization does not take 

H10904 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

steps to rectify the situation, the denials of 

the visas provided under this section should 

start. 

SECTION 222. CRIMES

This section contains a number of modifications to the federal criminal code. Section 222 conforms the various crimes set 

forth in Title 18, United States Code, Chapter 77 ((Peonage, Slavery, and Trafficking in 

Persons) by extending the obstruction provisions of the Peonage statute (Section 1581) to 

the other substantive servitude offenses, by 

creating conspiracy liability within the 

Chapter, and by improving the treatment of 

restitution and asset forfeiture. None of 

those provisions are intended to foreclose 

the use of corresponding sections of the 

criminal code, where appropriate. 

Section 222 also clarifies the definition of 

coercion in the core offenses created by the 

Trafficking Victims Protection Act, which 

responded to the Supreme Court’s narrowing 

of the federal Involuntary Servitude statutes 

in United States v. Kozminski, 487 U.S. 931 

(1988). Section 1589 covers offenses involving 

forms of forced labor, while Section 1591 is in 

the context of commercial sexual activity 

and can also be violated when a person uses 

a child for prostitution, as children are unable to give consent to commercial sexual 

activity. Those offenses returned the legal 

standard for a servitude conviction to the 

modern approach reflected in such cases as 

United States v. Mussry, 726 F.2d 1448 ( 9th Cir. 

1984) and the lower court decisions in 

Kozminski (allowing conviction in servitude 

cases involving psychological coercion as 

well as overt violence). 

Accordingly, the Trafficking Victims Protection Act of 2000 crafted Section 1589 and 

1591 to only require a showing of a threat of 

‘‘serious harm,’’ or of a scheme, plan, or pattern intended to cause a person to believe 

that such harm would occur. The term ‘‘serious harm’’ refers to a broad array of harms, 

including both physical and nonphysical, and 

is intended to be subjectively construed in 

determining whether a particular type or 

certain degree of harm or coercion is sufficient to overcome a particular victim’s will. 

Section 222 further clarifies these concepts 

to reflect the various and subtle forms of coercion used by traffickers in light of the experiences of prosecutors and non-governmental organizations in combating trafficking and assisting victims. Such modification was contemplated by the drafters of the 

Trafficking Victims Protection Act of 2000 

(Pub. Law 106–386): ‘‘[T]he conferees are 

aware that the Department of Justice may 

seek additional statutory changes in future 

years to further address the issues raised in 

Kozminski, as courts and prosecutors develop experience with the new crimes created by this Act.’’ Conference Report Accompanying H.R. 3244, House Rep. 106–939, 106th 

Cong. 2nd Sess. 101 (printed in 146 Cong. 

Record H8855, H8881). 

Thus, Section 222 clarifies that ‘‘[t]he term 

‘abuse or threatened abuse of law or legal 

process’ means the use or threatened use of 

a law or legal process, whether administrative, civil or criminal, in any manner or for 

any purpose for which the law was not designed, in order to exert pressure on another 

person to cause that person to take some action or refrain from taking some action,’’ 

and that ‘‘The term ‘serious harm’ means 

any harm, whether physical or nonphysical, 

including psychological, financial, or 

reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person 

of the same background and in the same circumstances to perform or to continue performing [in the case of section 1589, labor or 

services, or, in the case of section 1591, commercial sexual activity] in order to avoid incurring that harm.’’ It is contemplated that 

these refinements will streamline the jury’s 

consideration in cases involving coercion 

and will more fully capture the imbalance of 

power between trafficker and victim. A 

scheme, plan, or pattern intended to inculcate a belief of serious harm may refer to 

nonviolent and psychological coercion, including but not limited to isolation, denial 

of sleep and punishments, or preying on mental illness, infirmity, drug use or addictions 

(whether pre-existing or developed by the 

trafficker). ‘‘Commercial sexual activity’’ in 

this context is not limited to a particular 

sex act, but would include all aspects of prostitution, including time under the defendant’s control in which the victim is not engaged with clients. 

Another modification to Chapter 77 made 

by section 222 involves the level of scienter 

necessary for a violation of Section 1591. The 

current standard is enhanced through the addition of a ‘‘reckless disregard’’ option. Such 

an approach is well-established in other federal criminal statutes, and would have the 

advantage of reaching those who turn a willfully blind eye toward a person in commercial sexual activity who is being physically 

abused or is underage. Such an approach 

puts the responsibility on participants in 

commercial sex activity to not ignore indicia of abuse, such as bruising or distress, or 

indicia of youth on the part of those whom 

they recruit, entice, harbor, transport, provide, obtain, or maintain. 

Additionally, a special evidentiary provision is added for those cases under Section 

1591(a)(1) in which criminal liability attaches 

not because of the use of coercion but because of the use of a minor for commercial 

sexual activity. In such cases, the prosecution will be exempted from having to prove 

beyond a reasonable doubt that a defendant 

who had a reasonable opportunity to observe 

the person recruited, enticed, harbored, 

transported, provided, obtained or maintained knew that the person had not attained the age of 18 years. This special evidentiary provision reflects a similar provision in the aggravated sexual abuse offense, 

Title 18, United States Code, Section 2241(d), 

and is crafted in light of United States v. XCitement Video, 513 U.S. 64, 70, n.2 (1994) (exception from presumption of mens rea more 

appropriate in statutes in which perpetrator 

necessarily ‘‘confronts the underage victim 

personally and may reasonably be required 

to ascertain that victim’s age’’). This approach comports with numerous appellate 

decisions in related areas of the law, such as 

the Mann Act. See, e.g., United States v. Jones, 

471 F.3d 535 (4th Cir. 2006). 

Section 222 also creates a new fraud crime, 

Title 18, United States Code, Section 1351, 

which prohibits the recruiting, solicitation, 

or hiring, with intent to defraud, foreign persons to be employed in the United States 

through false pretenses, representations, or 

promises about their employment. For the 

purposes of this provision, ‘‘employment’’ is 

presumed to include, but not be limited to, 

such issues as terms and conditions of employment, housing, labor broker fees, employer or broker-provided food and transportation, ability to work outside of the offered 

place of employment, and other material aspects of the recruited person’s work and life 

in America. This statute is intended to capture situations in which exploitative employers and recruiters have lured heavily-indebted workers to the United States, but did 

not obtain their labor or services through coercion sufficient to reach the level of the 

Chapter 77 Slavery/Trafficking offenses. 

Press accounts and Congressional briefings 

have highlighted cases with facts as egregious as situations in which defrauded workers were stranded in fenced compounds, reduced to catching pigeons for food and collecting rainwater to drink, all the while facing bankruptcy because of brokerage charges 

and debt incurred in their home country in 

reliance on the recruiters’ false promises. 

This section will be of particular application 

in cases involving employment-based immigration (‘‘guestworker’’) programs, but is 

not limited to employment under such a provision. This Section a five year statutory 

maximum in recognition that the victims of 

fraudulent labor recruiting are at high risk 

of being held in servitude, and that prosecutors should not have to wait for the abuse to 

rise to the highest levels of criminality before dismantling these criminal organizations. 

H.R. 3887 updated Title 8, United States 

Code, Section 1328, a long-established statute 

that criminalizes the importation of aliens 

for immoral purposes and the harboring or 

employment of aliens so imported. The bill 

does not include this update, but rather directs the U.S. Sentencing Commission to assess the sentencing guideline pertaining to 

alien harboring, 18 United States Code, Section 1324(a)(1)(A)(iii), to determine whether 

the guideline for harboring should conform 

to the Mann Act guideline when the harboring was committed in furtherance of prostitution and the defendant is an organizer, 

leader, manager, or supervisor. Section 1324 

is a more modern statute, penalizing harboring even without proof that it was done in 

furtherance of illegal importation. The elements of a 1324 offense do not vary based on 

the purpose for which the alien is being harbored. For instance, there is no difference in 

the knowledge required on the part of an employer, an alien smuggler, or a trafficker 

that the alien had come to, entered, or remained in the United States in violation of 

law. Section 1328 remains an effective tool to 

reach those who are kept in a brothel or 

other place in pursuance of importation for 

an immoral purpose, but this review of the 

sentencing structure is intended to guarantee that it will be supplemented by the 

general harboring statute. 

SECTION 225 PROMOTING EFFECTIVE STATE

ENFORCEMENT

This section, reflective of some of the 

goals of section 224 of the H.R. 3887, provides 

that nothing in previous acts related to trafficking, this Act, and any model law related 

to trafficking promulgated by the Department of Justice shall be read to legitimize 

prostitution as a valid form of labor, or to 

preempt, supplant or limit the effect of any 

State or Federal criminal law. In particular, 

it should be noted that financial transactions involving the proceeds of any trafficking activities, or any failure to report income obtained through any trafficking activities would remain reachable by applicable federal statutes, irrespective of the provision of section 225(a)(1). 

Many states have modernized archaic slavery or forced prostitution statutes in line 

with the TVPA or the model state laws promulgated by the Department of Justice or 

non-governmental organizations. In recognition that many state statutes in the closely 

related area of prostitution enforcement are 

also antiquated, the bill directs the Department of Justice to supplement its current 

anti-trafficking model law with modern antiprostitution models, so that a holistic update is available for policymakers’ use. Section 225 will also require that the new model 

law be distributed to each Attorney General 

as a means of promoting the new model law. 

The bill also will result in dissemination of 

a chapter of the Criminal Code of the District of Columbia as an example of a statute 

that reaches as felonies cases involving coercion, pandering, and exploitation alike. 

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—