SPEAKERS       CONTENTS       INSERTS    
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2006
ENCOURAGING THE U.S. GOVERNMENT TO ACTIVELY SUPPORT THE DEMOCRATIC POLITICAL AND SOCIAL FORCES IN NICARAGUA; URGING THE SECRETARY TO COORDINATE WITH OTHER GOVERNMENTAL AGENCIES AND NGOS IN CREATING AN ONLINE DATABASE OF INTERNATIONAL EXCHANGE PROGRAMS AND RELATED OPPORTUNITIES; CONGRATULATING ISRAEL ON THE ELECTION OF AMBASSADOR DAN GILLERMAN AS VICE–PRESIDENT OF THE 60TH UN GENERAL ASSEMBLY; RECOGNIZING THE COMMENCEMENT OF RAMADAN AND COMMENDING MUSLIMS FOR THEIR FAITH; AND THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005

MARKUP

BEFORE THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

ON
H. Con. Res. 252, H. Res. 192, H. Res. 368,

H. Res. 472 and H.R. 972
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OCTOBER 7, 2005

Serial No. 109–121

Printed for the use of the Committee on International Relations

Available via the World Wide Web: http://www.house.gov/internationalrelations

COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa
CHRISTOPHER H. SMITH, New Jersey,
  Vice Chairman
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
DANA ROHRABACHER, California
EDWARD R. ROYCE, California
PETER T. KING, New York
STEVE CHABOT, Ohio
THOMAS G. TANCREDO, Colorado
RON PAUL, Texas
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DARRELL ISSA, California
JEFF FLAKE, Arizona
JO ANN DAVIS, Virginia
MARK GREEN, Wisconsin
JERRY WELLER, Illinois
MIKE PENCE, Indiana
THADDEUS G. McCOTTER, Michigan
KATHERINE HARRIS, Florida
JOE WILSON, South Carolina
JOHN BOOZMAN, Arkansas
J. GRESHAM BARRETT, South Carolina
CONNIE MACK, Florida
JEFF FORTENBERRY, Nebraska
MICHAEL McCAUL, Texas
TED POE, Texas

TOM LANTOS, California
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
BRAD SHERMAN, California
ROBERT WEXLER, Florida
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ELIOT L. ENGEL, New York
WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
BARBARA LEE, California
JOSEPH CROWLEY, New York
EARL BLUMENAUER, Oregon
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
DIANE E. WATSON, California
ADAM SMITH, Washington
BETTY McCOLLUM, Minnesota
BEN CHANDLER, Kentucky
DENNIS A. CARDOZA, California

THOMAS E. MOONEY, SR., Staff Director/General Counsel
ROBERT R. KING, Democratic Staff Director
DANIEL FREEMAN, Counsel/Parliamentarian
JEAN CARROLL, Full Committee Hearing Coordinator

C O N T E N T S

MARKUP OF

    H. Con. Res. 252, Expressing the sense of Congress that the Government of the United States should actively support the aspirations of the democratic political and social forces in the Republic of Nicaragua toward an immediate and full restoration of functioning democracy in that country
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Amendment to H. Con. Res. 252 offered by the Honorable Dan Burton, a Representative in Congress from the State of Indiana

    H. Res. 192, Expressing the sense of the House of Representatives encouraging the active engagement of Americans in world affairs and urging the Secretary of State to take the lead and coordinate with other governmental agencies and non-governmental organizations in creating an online database of international exchange programs and related opportunities

Amendment to H. Res. 192 offered by the Honorable Henry J. Hyde, a Representative in Congress from the State of Illinois, and Chairman, Committee on International Relations

    H. Res. 368, Congratulating the State of Israel on the election of Ambassador Dan Gillerman as Vice-President of the 60th United Nations General Assembly

    H. Res. 472, Recognizing the commencement of Ramadan, the Islamic holy month of fasting and spiritual renewal, and commending Muslims in the United States and throughout the world for their faith

Amendment to H. Res. 472 offered by the Honorable Henry J. Hyde

    H.R. 972, To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes

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Amendment in the Nature of a Substitute to H.R. 972 offered by the Honorable Christopher H. Smith, a Representative in Congress from the State of New Jersey and Vice Chairman, Committee on International Relations

ENCOURAGING THE U.S. GOVERNMENT TO ACTIVELY SUPPORT THE DEMOCRATIC POLITICAL AND SOCIAL FORCES IN NICARAGUA; URGING THE SECRETARY TO COORDINATE WITH OTHER GOVERNMENTAL AGENCIES AND NGOS IN CREATING AN ONLINE DATABASE OF INTERNATIONAL EXCHANGE PROGRAMS AND RELATED OPPORTUNITIES; CONGRATULATING ISRAEL ON THE ELECTION OF AMBASSADOR DAN GILLERMAN AS VICE–PRESIDENT OF THE 60TH UN GENERAL ASSEMBLY; RECOGNIZING THE COMMENCEMENT OF RAMADAN AND COMMENDING MUSLIMS FOR THEIR FAITH; AND THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005

FRIDAY, OCTOBER 7, 2005

House of Representatives,
Committee on International Relations,
Washington, DC.

    The Committee met, pursuant to notice, at 11:21 a.m. in room 2172, Rayburn House Office Building, Hon. Henry Hyde (Chairman of the Committee) presiding.

    Chairman HYDE. The Committee will come to order. The business meeting of the Committee will come to order.

    We have four noncontroversial bills on the agenda, and it is my intention to consider these measures en bloc and by unanimous consent authorize the Chair to seek consideration of the bills under suspension of the rules. All Members are given leave to insert remarks on the measures into the record should they choose to do so.
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    Accordingly, without objection, the Chairman is authorized to seek consideration of the following bills under suspension of the rules, and the amendments to those measures, which the Members have before them, shall be deemed adopted.

    H. Con. Res. 252, Expressing the sense of Congress that the Government of the United States should actively support the aspirations of the democratic political and social forces in the Republic of Nicaragua toward an immediate and full restoration of functioning democracy in that country, as amended.

    [The resolution and amendment referred to follow:]

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    Chairman HYDE. H. Res. 192, Expressing the sense of the House of Representatives encouraging the active engagement of Americans in world affairs and urging the Secretary of State to take the lead and coordinate with other governmental agencies and non-governmental organizations in creating an online database of international exchange programs and related opportunities, as amended.

    [The resolution and amendment referred to follow:]

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    Chairman HYDE. H. Res. 368, Congratulating the State of Israel on the election of Ambassador Dan Gillerman as Vice-President of the 60th United Nations General Assembly.
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    [The resolution referred to follows:]

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    Chairman HYDE. And H. Res. 472, Recognizing the commencement of Ramadan, the Islamic holy month of fasting and spiritual renewal, and commending Muslims in the United States and throughout the world for their faith, as amended.

    [The resolution and amendment referred to follow:]

[Note: Image(s) not available in this format. See PDF version of this file.]

    Chairman HYDE. Pursuant to notice, I call up the bill, H.R. 972, the Trafficking Victims Protection Reauthorization Act of 2005, for purposes of markup. Without objection, the bill may be considered as read and open for amendment at any point.

    [The bill referred to follows:]

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    Chairman HYDE. The Chair recognizes the gentleman from New Jersey, Mr. Smith.

    Mr. SMITH FROM NEW JERSEY. Thank you very much, Mr. Chairman. I have an amendment in the nature of a substitute at the desk, and I ask for unanimous consent that it be considered as read and considered as the original text for the purposes of markup.
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    [The amendment referred to follows:]

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    Chairman HYDE. Without objection, it is so ordered. The gentleman from New Jersey is recognized in support of his amendment.

    Mr. SMITH FROM NEW JERSEY. Thank you so much, Mr. Chairman, and I want to thank you for bringing this reauthorization bill to a Full Committee markup.

    In supporting the Trafficking Victims Protection Act and its first reauthorization in 2003, you, Mr. Lantos, and this Committee have demonstrated a commitment to eradicate the scourge of modern day slavery and to bring healing to its victims.

    Mr. Chairman, this legislation, H.R. 972, which has now almost 75 co-sponsors, is totally bipartisan. Mr. Lantos, Mr. Payne, Ms. Ros-Lehtinen, Mr. Pence, Mr. Faleomavaega, to name just a few, are all co-sponsors of the legislation.

    The bill will continue the progress begun by the Trafficking Victims Protection Act (TVPA) of 2000, which helped transform the way our Government, the private sector, and governments around the world respond to the crime of trafficking.

    Since enactment of the TVPA, the traffickers here and abroad are increasingly likely to face prosecution and conviction. In contrast to the full year period before its enactment, the Department of Justice has in the last 4 years initiated more than three times the number of investigations into human trafficking, filed almost four times as many cases, charged more than twice as many defendants, and doubled the number of defendants who are convicted.
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    Worldwide, nearly 7,000 traffickers were prosecuted last year, and more than 3,000 were convicted. These law enforcement statistics reflect an increase in the number of convictions from previous years and demonstrate the importance of countries acquiring the legal tools necessary to combat trafficking.

    Of course, having the political will is necessary to implement those tools and to provide those tools is something that this bill is all about.

    Mr. Chairman, I am heartened that victims of trafficking today are more likely to receive lifesaving assistance from governments, NGOs, and faith communities. Since 2001, more than 600 survivors in the United States have received assistance through the Department of Health and Human Services. More than 400 victims have received a T-visa, which allows them to remain in the U.S. to rebuild their shattered lives.

    Much has been accomplished and yet countless people continue to be bought and sold like cattle for exploitation each and every day. Current estimates are that 600,000 to 800,000 people are trafficked across international borders each year, and millions more are trafficked internally within the borders of several countries around the world.

    This bill continues to advance the fight against international trafficking, and for the first time also bringing into focus the internal trafficking of American citizens and residents right in our own backyard.

    Both before and after the introduction of H.R. 972 we consulted widely with relevant NGOs and U.S. Government officials, as well as with the Majority and Minority Members and staff of the other Committees of jurisdiction, and this was referred, as you know, to several other Committees.
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    The amendment in the nature of a substitute that I propose reflects the outcome of those consultations. Specifically, pursuant to the amendment, H.R. 972 would: One, direct the State Department and USAID, working with the Department of Defense, to study and report on additional trafficking prevention strategies for post-conflict and post-natural disaster relief programs; second, create criminal jurisdiction in U.S. courts over Federal contractors, government employees and their dependents who engage in trafficking while overseas on official business; three, require the State Department's annual Trafficking in Persons Report to include information on efforts by the United Nations, the OSCE, and NATO to eliminate involvement in trafficking by the organizations' personnel, contractors, and peacekeepers; four, require the Secretary of State to report to Congress at least 15 days prior to voting for a peacekeeping mission about the measures taken by the UN or other international organizations to prevent peacekeepers from engaging in trafficking or committing acts of sexual exploitation or abuse and to hold accountable any who engage in any such acts.

    I would note parenthetically that our Subcommittee has had two very disturbing hearings on the misdeeds by UN peacekeepers in the Congo, for example, and this tries to preemptively get at that problem so that there are safeguards and guidelines already in place.

    Fifth, amend the criteria by which countries are evaluated in the Trafficking in Persons Report by allowing consideration of foreign governments' efforts to reduce demand for commercial sex acts, which is linked to such trafficking, to prevent sex tourism, to ensure that peacekeeping troops do not exploit trafficking victims, and to prevent forced labor or child labor in violation of international standards; sixth, direct USAID to direct a pilot program for residential rehab facilities for trafficking victims in two locations abroad. HHS would also run a similar program in the United States with three pilot programs and would also be authorized to create grant programs to combat trafficking of American citizens; seventh, direct the President to conduct specialized research on trafficking, including research on the use of human trafficking to finance terrorist activities; and finally, the bill would reauthorize appropriations for fiscal years 2006 and 2007 for anti-trafficking programs of all relevant agencies, including the State Department and U.S. Agency for International Development.
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    Mr. Chairman, I want to say a special thanks to a number of staffers who have worked long and hard during the course of the last 6 months on this legislation, beginning with our Director of Policy, Eleanor Nagy; Maureen Walsh, who is the General Counsel for the OSCE, the Helsinki Commission; David Abramowitz who worked as he did in 2000 and 2003, working with us hand-and-glove, made a number of very important recommendations that are reflected in the bill; Renee Austell, who also worked extremely hard on this legislation; and John Cerofin, who is our General Counsel, for his excellent work, particularly with the other Committees of jurisdiction where the negotiations at time are very delicate and very difficult. I want to thank all of our staff for their invaluable and very, very productive work.

    I yield back the balance of my time.

    Chairman HYDE. Mr. Lantos?

    Mr. LANTOS. Mr. Chairman, I will be brief. I want to support the legislation, of course, of which I am a co-sponsor, and I want to pay special tribute to my friend from New Jersey, Chris Smith, who has been leading the Congress on this most important issue with his customary perseverance, passion and intensity.

    I strongly urge all of our colleagues to vote for this legislation. Thank you.

    Chairman HYDE. Are there any amendments?

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    [No response.]

    Chairman HYDE. If not, the question occurs—I am sorry. Mr. Menendez?

    Mr. MENENDEZ. Thank you, Mr. Chairman. I do not have an amendment, but I just do want to briefly speak on the bill.

    I want to thank my colleague from New Jersey, Congressman Smith, for his leadership on this issue. I am proud that someone from my own home State has dedicated himself to ending trafficking of people around the world, and I think, in fact, because of his leadership, and also joined by the work of Mr. Payne and others, countries around the world have been forced to change their laws and to improve enforcement.

    Mr. Smith talked about the statistics, 600,000 to 800,000 people forced to cross borders to become slaves and prostitutes, 2 million to 4 million people within their own countries. When we look at those numbers, the vast majority of these are women and girls. As we fight to end trafficking, we are also fighting for the rights of women and girls around the world.

    I think it is easy to forget that each of those numbers represents a human being, a daughter, a sister, a mother, or a son who is suffering. It is easy to forget that each of these people are part of a family that has been torn apart by trafficking.

    It is easy to forget the number of individuals trafficking hides, even a greater number of families around the world devastated by trafficking. I am proud to be a co-sponsor and a strong supporter of this legislation which reauthorized programs designed to attack trafficking both at home and abroad.
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    I particularly just want to take, as the Ranking Member of the Western Hemisphere Subcommittee, a moment to say I was deeply concerned to see that 5 of the 14 tier 3 countries, as designated by the State Department, were from Latin America or the Caribbean. Tier 3 countries are the worst violators. They are not complying with minimum standards to eliminate trafficking. Even worse, they are not making a significant effort to fix things.

    Now, I understand from the Presidential determination issued at the end of September that Bolivia and Jamaica have taken steps to come into compliance. I certainly hope they will continue to do so. According to that same document, Cuba, Ecuador, and Venezuela are not making any significant efforts to stop trafficking. Let us be clear, these countries are only hurting their own people by allowing exploitation and trafficking in their countries.

    I am also saddened to say that our hemisphere has become a mecca for sex tourists from around the world. Tens of thousands of women and children from across the countries of Latin America and the Caribbean are trafficked and then forced into prostitution or are sexually exploited. Brazil, Mexico, Honduras, Costa Rica, Trinidad, Tobago, Argentina, and the Dominican Republic are among the favorite destinations of sex tourists from around the world.

    According to information cited by the Congressional Research Service, Brazil has one of the largest child prostitution problems in the world. In Cuba, the regime, itself, sponsors a tourist industry which promotes the sexual exploitation of children. We have to do everything possible to end this human exploitation in our own hemisphere.

    Article V of the Universal Declaration of Human Rights states, ''No one shall be subject to torture or cruel, inhumane or degrading treatment or punishment.'' Mr. Smith's legislation takes these words and turns them into action, and I salute him once again.
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    Chairman HYDE. The question occurs on the amendment in the nature of a substitute. All in favor say aye.

    [Chorus of ayes.]

    Chairman HYDE. Opposed nay?

    [No response.]

    Chairman HYDE. The question occurs on the motion to report the bill favorably as amended by the amendment in the nature of a substitute. All in favor say aye.

    [Chorus of ayes.]

    Chairman HYDE. Opposed nay?

    [No response.]

    Chairman HYDE. The ayes have it, and the motion to report is favorably adopted.

    Without objection, the staff is directed to make any technical and conforming changes.

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    I thank you all for your cooperation. The Committee is adjourned.

    [Whereupon, at 11:35 a.m. the Committee was adjourned.]