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HOUSE_OVERSIGHT_012379

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HOUSE OVERSIGHT 012379 Dar opposes section 214(d), as it could be construed to require the Attorney General and the Secretary of Health and Human Services to make legislative recommendations to Congress in violation of the Recommendations Clause. To avoid this concern, we recommend inserting ", if any," after "recommendations" in section 214(d)(2)(E). Further, DOJ finds subsection (d) redundant. A thorough study of services available to domestic and foreign victims was conducted by the Senior Policy Operating Group in 2005-2006 and found few statutory differences between the treatment of domestic and foreign victims. Subsection (d)(2)(C) contains a redundant statement. Victims of sex trafficking are victims of severe forms of trafficking in persons. 17. Section 221 In subsection (a), DOJ opposes the proposed change of MO*g thc içhw!edgc, of AgOI0000000#0i010404:03 to:i',14Y.PF*Vir.,01go!, This change of law would create a strict liability crime, similar to 18 U.S.C. § 2423(a), with similarly severe 10 year mandatory minimum sentence. However,16W04004kig44(a)**40#Xa) is exceedingly .1iii*KtiiitifitAkt0A0t***.grilgOgogfogoo Therefore, the suggested subsection (a) would create a rare circumstance wherein there is a substantial mandatory minimum sentence for an already unusual strict liability crime. Accordingly, this provision is likely to face significant legal challenges. DOJ opposes subsection (b) in its entirety, The proposed language is both over-inclusive and under-inclusive of human trafficking activities, and the language is vague. Moreover, the provision is unnecessary because section 1589 already prohibits many of these activities when they result in "serious harm," whether physical or emotional, to the victim. The Department opposes subsection (0(1), which would expand the Mann Act to include cases "affecting" interstate commerce. The Department does not require any additional statutory authority or expanded jurisdiction in order t

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