I 
110TH CONGRESS 
2D SESSION 
H. R. 7311 
To authorize appropriations for fiscal years 2008 through 2011 for the 
Trafficking Victims Protection Act of 2000, to enhance measures to 
combat trafficking in persons, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 9, 2008 
Mr. BERMAN (for himself, Mr. SMITH of New Jersey, Mr. CONYERS, Ms. ROS- 
LEHTINEN, Mr. SCOTT of Virginia, Mr. FORTENBERRY, and Ms. ZOE 
LOFGREN of California) introduced the following bill; which was referred 
to the Committee on Foreign Affairs, and in addition to the Committees 
on Energy and Commerce and the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To authorize appropriations for fiscal years 2008 through 
2011 for the Trafficking Victims Protection Act of 2000, 
to enhance measures to combat trafficking in persons, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 Re-
authorization Act of 2008’’. 
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(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 anti-trafficking 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 com-
bat 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 applica-
tions 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 traf-
ficking. 
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. 
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(2) in paragraph (2), by adding at the end the 
following: ‘‘In carrying out this paragraph, the Sec-
retary and the Administrator shall take all appro-
priate steps to ensure that cooperative efforts among 
foreign countries are undertaken on a regional 
basis.’’. 
SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAF-
FICKING 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-TRAF-
FICKING PROGRAMS. 
‘‘(a) AWARDING OF GRANTS, COOPERATIVE AGREE-
MENTS, AND CONTRACTS.—In administering funds made 
available to carry out this Act within and outside the 
United States— 
‘‘(1) solicitations of grants, cooperative agree-
ments, and contracts for such programs shall be 
made publicly available; 
‘‘(2) grants, cooperative agreements, and con-
tracts 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 
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contracts shall not be subject to ad hoc or intermit-
tent review or influence by individuals or organiza-
tions 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, per-
sons or entities providing legal services, social serv-
ices, health services, or other assistance have com-
pleted, 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
PRO-
GRAMS.— 
‘‘(1) IN GENERAL.—The President shall estab-
lish a system to evaluate the effectiveness and effi-
ciency of the assistance provided under anti-traf-
ficking programs established under this Act on a 
program-by-program basis in order to maximize the 
long-term sustainable development impact of such 
assistance. 
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‘‘(2) REQUIREMENTS.—In carrying out para-
graph (1), the President shall— 
‘‘(A) establish performance goals for the 
assistance described in paragraph (1), ex-
pressed 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 subpara-
graph (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 prac-
ticable. 
‘‘(d) TARGETED USE OF ANTI-TRAFFICKING PRO-
GRAMS.—In providing assistance under this division, the 
President should take into account the priorities and coun-
try assessments contained in the most recent report sub-
mitted by the Secretary of State to Congress pursuant to 
section 110(b). 
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‘‘(e) CONSISTENCY WITH OTHER PROGRAMS.—The 
President shall ensure that the design, monitoring, and 
evaluation of United States assistance programs for emer-
gency 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 per-
sons. 
‘‘(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 
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(2) in subsection (b)— 
(A) in paragraph (1), by striking the pe-
riod at the end of the first sentence and insert-
ing the following: ‘‘, including, as appropriate, 
requiring incarceration of individuals convicted 
of such acts. For purposes of the preceding sen-
tence, suspended or significantly-reduced sen-
tences 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 identifica-
tion and treatment of trafficking victims using 
approaches that focus on the needs of the vic-
tims’’; 
(C) in paragraph (3), by striking ‘‘meas-
ures to reduce the demand for commercial sex 
acts and for participation in international sex 
tourism by nationals of the country’’ and insert-
ing ‘‘measures to establish the identity of local 
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