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99–824PDF 2005

AUTHORIZING APPROPRIATIONS FOR FY 2006

AND 2007 FOR THE TRAFFICKING VICTIMS

PROTECTION REAUTHORIZATION ACT OF 2000;

AND REMEMBERING THE VICTIMS OF THE

1994 RWANDA GENOCIDE, PLEDGING TO ENSURE SUCH AN ATROCITY DOES NOT REOCCUR

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN 

RIGHTS AND INTERNATIONAL OPERATIONS

OF THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

ON

H.R. 972 and H. Con. Res. 88

MARCH 10, 2005

Serial No. 109–5

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international—relations 

(II)

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 

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 

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 

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL

OPERATIONS

CHRISTOPHER H. SMITH, New Jersey, Chairman 

THOMAS G. TANCREDO, Colorado 

JEFF FLAKE, Arizona 

MARK GREEN, Wisconsin 

JOHN BOOZMAN, Arkansas 

JEFF FORTENBERRY, Nebraska 

EDWARD R. ROYCE, California, 

Vice Chairman 

DONALD M. PAYNE, New Jersey 

BARBARA LEE, California 

BETTY McCOLLUM, Minnesota 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

DIANE E. WATSON, California 

MARY M. NOONAN, Subcommittee Staff Director 

NOELLE LUSANE, Democratic Professional Staff Member 

BEVERLY HALLOCK, Acting Staff Associate 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 972, To authorize appropriations for fiscal years 2006 and 2007 for 

the Trafficking Victims Protection Act of 2000, and for other purposes ......... 2

En block amendments to H.R. 972 offered by the Honorable Christopher 

H. Smith, a Representative in Congress from the State of New Jersey 

and Chairman, Subcommittee on Africa, Global Human Rights and International Operations .......................................................................................... 54

H. Con. Res. 88, Remembering the victims of the genocide that occurred 

in 1994 in Rwanda and pledging to work to ensure that such an atrocity 

doesn’t take place again ....................................................................................... 57

Amendment to H. Con. Res. 88 offered by the Honorable Thomas G. 

Tancredo, a Representative in Congress from the State of Colorado ........... 70

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

The Honorable Christopher H. Smith: Prepared statement on H.R. 972 ........... 50

Prepared statement on H. Con Res. 88 .............................................................. 67

The Honorable Donald M. Payne, a Representative in Congress from the 

State of New Jersey: Prepared statement on H.R. 972 .................................... 52

Prepared statement .............................................................................................. 73

(1)

AUTHORIZING APPROPRIATIONS FOR FY 2006 

AND 2007 FOR THE TRAFFICKING VICTIMS 

PROTECTION REAUTHORIZATION ACT OF 

2000; AND REMEMBERING THE VICTIMS OF 

THE 1994 RWANDA GENOCIDE, PLEDGING 

TO ENSURE SUCH AN ATROCITY DOES NOT 

REOCCUR 

THURSDAY, MARCH 10, 2005

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND

INTERNATIONAL OPERATIONS, 

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Subcommittee met, pursuant to call, at 1:07 p.m. in room 

2255, Rayburn House Office Building, Hon. Christopher H. Smith 

[Chairman of the Subcommittee] presiding. 

Mr. SMITH. Pursuant to notice, I call up the bill, H.R. 972, To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Reauthorization Act of 2000, for purposes of markup and move its favorable recommendation to the 

Full Committee. 

[H.R. 972 follows:]

2

1

I

109TH CONGRESS

1ST SESSION H. R. 972

To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking

Victims Protection Act of 2000, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 17, 2005

Mr. SMITH of New Jersey (for himself, Mr. LANTOS, Mr. PAYNE, Mr. BLUNT,

Mr. WOLF, Mr. CARDIN, Ms. ROS-LEHTINEN, Mr. PITTS, Mr. PENCE,

and Mr. FALEOMAVAEGA) introduced the following bill; which was referred to the Committee on International Relations, and in addition to

the Committees on Armed Services, Judiciary, and Energy and Commerce, for a period to be subsequently 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 2006 and 2007

for the Trafficking Victims Protection Act of 2000, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Trafficking Victims Protection Reauthorization Act of

6 2005’’.


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•HR 972 IH

1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—COMBATTING INTERNATIONAL TRAFFICKING IN

PERSONS

Sec. 101. Prevention of trafficking in persons.

Sec. 102. Protection of victims of trafficking in persons.

Sec. 103. Enhancing prosecutions of trafficking offenses.

Sec. 104. Enhancing United States efforts to combat trafficking in persons.

Sec. 105. Additional activities to monitor and combat forced labor and child

labor.

TITLE II—COMBATTING DOMESTIC TRAFFICKING IN PERSONS

Sec. 201. Prevention of domestic trafficking in persons.

Sec. 202. Establishment of grant program to develop, expand, and strengthen

victim service programs for victims of domestic trafficking.

Sec. 203. Protection of victims of domestic trafficking in persons.

Sec. 204. Investigation by Federal Bureau of Investigation of acts of domestic

trafficking in persons.

Sec. 205. Enhancing State and local efforts to combat trafficking in persons.

Sec. 206. Definitions.

TITLE III—AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Authorizations of appropriations.

Sec. 302. Investigations by Federal Bureau of Investigations.

3 SEC. 2. FINDINGS.

4 Congress finds the following:

5 (1) The United States has demonstrated inter6 national leadership in combating human trafficking

7 and slavery through the enactment of the Traf8 ficking Victims Protection Act of 2000 (division A of

9 Public Law 106–386; 22 U.S.C. 7101 et seq.) and

10 the Trafficking Victims Protection Reauthorization

11 Act of 2003 (Public Law 108–193).

12 (2) The United States Government currently

13 estimates that 600,000 to 800,000 individuals are


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•HR 972 IH

1 trafficked across international borders each year and

2 exploited through forced labor and commercial sex

3 exploitation. An estimated 80 percent of such indi4 viduals are women and girls.

5 (3) Since the enactment of the Trafficking Vic6 tims Protection Act of 2000, United States efforts

7 to combat trafficking in persons have focused pri8 marily on the international trafficking in persons,

9 including the trafficking of foreign citizens into the

10 United States.

11 (4) Trafficking in persons also occurs within

12 the borders of a country, including the United

13 States.

14 (5) An estimated 100,000 to 300,000 children

15 in the United States are at risk for commercial sex16 ual exploitation in the United States, including traf17 ficking, at any given time.

18 (6) Runaway and homeless children in the

19 United States are highly susceptible to being domes20 tically trafficked for commercial sexual exploitation.

21 Every day in the United States, between 1,300,000

22 and 2,800,000 runaway and homeless youth live on

23 the streets. One out of every seven children will run

24 away from home before the age of 18.


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•HR 972 IH

1 (7) A comprehensive strategy is needed to pre2 vent the victimization of United States citizens and

3 nationals through domestic trafficking.

4 (8) A project by the United Nations Edu5 cational, Scientific and Cultural Organization

6 (UNESCO) in Southeast Asia has documented a

7 linkage between the spread of HIV/AIDS and traf8 ficking in women and girls. Scant other research or

9 statistical data exists regarding the interconnection

10 between trafficking in persons and HIV/AIDS. Fur11 ther research is needed to determine the extent to

12 which trafficking in persons contributes to the

13 spread of HIV/AIDS and to identify strategies to

14 combat this linkage.

15 (9) Following armed conflicts and during hu16 manitarian emergencies, indigenous populations face

17 increased security challenges and vulnerabilities

18 which result in myriad forms of violence, including

19 trafficking for sexual and labor exploitation. Foreign

20 policy and foreign aid professionals increasingly rec21 ognize the increased activity of human traffickers in

22 post-conflict settings and during humanitarian emer23 gencies.

24 (10) There is a need to protect populations in

25 post-conflict settings and humanitarian emergencies


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•HR 972 IH

1 from being trafficked for sexual or labor exploi2 tation. The efforts of aid agencies to address the

3 protection needs of, among others, internally dis4 placed persons and refugees are useful in this re5 gard. Nonetheless, there remains a lack of institu6 tionalized programs and strategies at the United

7 States Agency for International Development, the

8 Department of State, and the Department of De9 fense to combat human trafficking, including

10 through protection and prevention methodologies, in

11 post-conflict environments and during humanitarian

12 emergencies.

13 (11) International and human rights organiza14 tions have documented a correlation between inter15 national deployments of military and civilian peace16 keepers and aid workers and a resulting increase in

17 the number of women and girls trafficked into pros18 titution in post-conflict regions.

19 (12) The involvement of employees and contrac20 tors of the United States Government and members

21 of the Armed Forces in trafficking in persons, facili22 tating the trafficking in persons, or exploiting the

23 victims of trafficking in persons is inconsistent with

24 United States laws and policies and undermines the


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1 credibility and mission of United States Government

2 programs in post-conflict regions.

3 (13) Further measures are needed to ensure

4 that United States Government personnel and con5 tractors are held accountable for involvement with

6 acts of trafficking in persons, including by expand7 ing United States criminal jurisdiction to all United

8 States Government contractors abroad.

9 (14) Communities in the United States are not

10 fully informed about sex offenders who are residing

11 or working within those communities because offend12 ers who are convicted in a foreign court of a sexually

13 violent offense, or a criminal offense against a child

14 victim, are not currently encompassed by the Jacob

15 Wetterling Crimes Against Children and Sexually

16 Violent Offender Registration Program carried out

17 under section 170101 of the Violent Crime Control

18 and Law Enforcement Act of 1994 (42 U.S.C.

19 14701), as amended by Megan’s Law (Public Law

20 104–145;110 Stat. 1345).


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•HR 972 IH

1 TITLE I—COMBATTING INTER2 NATIONAL TRAFFICKING IN

3 PERSONS

4 SEC. 101. PREVENTION OF TRAFFICKING IN PERSONS.

5 (a) PREVENTION OF TRAFFICKING IN CONJUNCTION

6 WITH POST-CONFLICT AND HUMANITARIAN EMERGENCY

7 ASSISTANCE.—

8 (1) AMENDMENT.—Section 106 of the Traf9 ficking Victims Protection Act of 2000 (22 U.S.C.

10 7104) is amended by adding at the end the following

11 new subsection:

12 ‘‘(h) PREVENTION OF TRAFFICKING IN CONJUNC13 TION WITH POST-CONFLICT AND HUMANITARIAN EMER14 GENCY ASSISTANCE.—The United States Agency for

15 International Development, the Department of State, and

16 the Department of Defense shall incorporate anti-traf17 ficking and protection measures for vulnerable popu18 lations, particularly women and children, into their post19 conflict and humanitarian emergency assistance and pro20 gram activities.’’.

21 (2) STUDY AND REPORT.—

22 (A) STUDY.—

23 (i) IN GENERAL.—The Secretary of

24 State and the Administrator of the United

25 States Agency for International DevelopVerDate Mar 21 2002 11:08 Apr 19, 2005 Jkt 000000 PO 00000 Frm 00012 Fmt 6633 Sfmt 6633 F:\WORK\AFRICA\031005M\99824.000 HINTREL1 PsN: SHIRL

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•HR 972 IH

1 ment, in consultation with the Secretary of

2 Defense, shall conduct a study regarding

3 the threat and practice of trafficking in

4 persons generated by post-conflict and hu5 manitarian emergencies in foreign coun6 tries.

7 (ii) FACTORS.—In carrying out the

8 study, the Secretary of State and the Ad9 ministrator of the United States Agency

10 for International Development shall

11 examine—

12 (I) the vulnerabilities to human

13 trafficking of commonly affected pop14 ulations, particularly women and chil15 dren, generated by post-conflict and

16 humanitarian emergencies;

17 (II) the various forms of traf18 ficking in persons, both internal and

19 trans-border, including both sexual

20 and labor exploitation;

21 (III) a collection of best practices

22 implemented to date to combat human

23 trafficking in such areas; and

24 (IV) proposed recommendations

25 to better combat trafficking in perVerDate Mar 21 2002 11:08 Apr 19, 2005 Jkt 000000 PO 00000 Frm 00013 Fmt 6633 Sfmt 6633 F:\WORK\AFRICA\031005M\99824.000 HINTREL1 PsN: SHIRL

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•HR 972 IH

1 sons in conjunction with post-conflict

2 reconstruction and humanitarian

3 emergencies assistance.

4 (B) REPORT.—Not later than 180 days

5 after the date of the enactment of this Act, the

6 Secretary of State and the Administrator of the

7 United States Agency for International Devel8 opment shall submit to the Committee on Inter9 national Relations of the House of Representa10 tives and the Committee on Foreign Relations

11 of the Senate a report that contains—

12 (i) the results of the study conducted

13 pursuant to subparagraph (A); and

14 (ii) specific recommendations to com15 bat trafficking in persons by departments

16 and agencies of the United States Govern17 ment that are responsible for post-conflict

18 and humanitarian emergency strategy and

19 assistance programs, including the Office

20 of Transition Initiatives and the Office of

21 Foreign Disaster Assistance of the United

22 States Agency for International Develop23 ment, the Office of the Coordinator for Re24 construction and Stabilization and the Bu25 reau of Population, Refugees, and MigraVerDate Mar 21 2002 11:08 Apr 19, 2005 Jkt 000000 PO 00000 Frm 00014 Fmt 6633 Sfmt 6633 F:\WORK\AFRICA\031005M\99824.000 HINTREL1 PsN: SHIRL

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1 tion of the Department of State, and rel2 evant Department of Defense entities that

3 are carrying out or assisting in the conduct

4 of such programs.

5 (3) IMPLEMENTATION OF RECOMMENDA6 TIONS.—To the maximum extent practicable and in

7 consultation with the congressional committees spec8 ified in paragraph (2)(B), the Administrator of the

9 United States Agency for International Develop10 ment, the Secretary of State, the Secretary of De11 fense, and the heads of other relevant departments

12 and agencies of the United States Government shall

13 take such actions as are necessary to implement the

14 recommendations contained in the report under

15 paragraph (2)(B)(ii) as soon as practicable after the

16 date of the submission of the report.

17 (b) EXTENSION OF SEXUALLY VIOLENT OFFENDER

18 REGISTRATION PROGRAM TO FOREIGN OFFENSES.—

19 (1) IN GENERAL.—Subsection (b)(7) of section

20 170101 of the Violent Crime Control and Law En21 forcement Act of 1994 (42 U.S.C. 14071) is

22 amended—

23 (A) in the matter preceding subparagraph

24 (A) by striking ‘‘convicted in another State’’


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•HR 972 IH

1 and inserting ‘‘convicted outside that State’’;

2 and

3 (B) in subparagraph (A) by inserting after

4 ‘‘convicted in another State,’’ the following:

5 ‘‘convicted of a foreign offense,’’.

6 (2) GUIDELINES; IMPLEMENTATION BY

7 STATES.—Not later than one year after the date of

8 the enactment of this Act, the Attorney General

9 shall issue revised guidelines to implement the

10 amendments made by paragraph (1). For purposes

11 of subsection (g) of such section 170101, a State

12 shall have until two years from the date on which

13 the Attorney General issues revised guidelines pursu14 ant to the preceding sentence to implement the

15 amendments made by paragraph (1).

16 SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN

17 PERSONS.

18 (a) ACCESS TO INFORMATION.—Section 107(c)(2) of

19 the Trafficking Victims Protection Act of 2000 (22 U.S.C.

20 7105(c)(2)) is amended by adding at the end the following

21 new sentence: ‘‘To the extent practicable, victims of severe

22 forms of trafficking shall have access to information about

23 federally funded or administered anti-trafficking programs

24 that provide services to victims of severe forms of traf25 ficking.’’.


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1 (b) ESTABLISHMENT OF GUARDIAN AD LITEM PRO2 GRAM.—Section 462(b) of the Homeland Security Act of

3 2002 (6 U.S.C. 279(b)) is amended by adding at the end

4 the following new paragraph:

5 ‘‘(4) APPOINTMENT OF GUARDIAN AD LITEM

6 FOR CHILD VICTIM OF TRAFFICKING.—

7 ‘‘(A) IN GENERAL.—If the Director of the

8 Office of Refugee Resettlement has reason to

9 believe that an unaccompanied alien child is a

10 victim of a severe form of trafficking in persons

11 (as defined in section 107(b)(1)(C)(ii)(I) of the

12 Trafficking Victims Protection Act of 2000 (22

13 U.S.C. 7105(b)(1)(C)(ii)(I))), the Director may

14 appoint a guardian ad litem who meets the

15 qualifications described in subparagraph (B) for

16 the child. The Director is encouraged, wherever

17 practicable, to arrange with a nongovernmental

18 organization for the selection of an individual to

19 be appointed as a guardian ad litem under this

20 paragraph.

21 ‘‘(B) QUALIFICATIONS OF GUARDIAN AD

22 LITEM.—No person shall serve as a guardian

23 ad litem under this paragraph unless the

24 person—


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1 ‘‘(i) is a child welfare professional or

2 other individual who has received training

3 in child welfare matters; and

4 ‘‘(ii) has received training on the na5 ture of problems encountered by victims of

6 trafficking.

7 ‘‘(C) DUTIES.—The guardian ad litem

8 shall take such steps as may be necessary to in9 vestigate and report to the Director of the Of10 fice of Refugee Resettlement as to whether an

11 unaccompanied alien child is a victim of traf12 ficking. The guardian ad litem shall—

13 ‘‘(i) conduct interviews with the child

14 in a manner that is appropriate, taking

15 into account the child’s age;

16 ‘‘(ii) investigate the facts and cir17 cumstances relevant to such child’s pres18 ence in the United States, including facts

19 and circumstances arising in the country of

20 the child’s nationality or last habitual resi21 dence and facts and circumstances arising

22 subsequent to the child’s departure from

23 such country;

24 ‘‘(iii) work with counsel, if the child is

25 represented by counsel, to identify the


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•HR 972 IH

1 child’s eligibility for relief from removal or

2 voluntary departure by sharing with coun3 sel information collected under clause (ii);

4 ‘‘(iv) develop recommendations on

5 issues relative to the child’s custody, deten6 tion, release, and repatriation;

7 ‘‘(v) take reasonable steps to ensure

8 that the best interests of the child are pro9 moted while the child participates in, or is

10 subject to, proceedings or matters under

11 the Immigration and Nationality Act (8

12 U.S.C. 1101 et seq.); and

13 ‘‘(vi) take reasonable steps to ensure

14 that the child understands the nature of

15 the legal proceedings or matters and deter16 minations made by the court, and ensure

17 that all information is conveyed in an age18 appropriate manner.

19 ‘‘(D) DETERMINATION OF ELIGIBILITY

20 FOR BENEFITS AND SERVICES.—The Director

21 of the Office of Refugee Resettlement shall con22 sider the report provided by the guardian ad

23 litem in determining whether an alien child is

24 a victim of a severe form of trafficking in per25 sons eligible for services pursuant to section


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•HR 972 IH

1 107(b)(1)(A) of the Trafficking Victims Protec2 tion Act of 2000 (22 U.S.C. 7105(b)(1)(A)).

3 ‘‘(E) TERMINATION OF APPOINTMENT.—

4 The guardian ad litem shall carry out the du5 ties described in subparagraph (C) until one of

6 the following occurs:

7 ‘‘(i) Such duties are completed.

8 ‘‘(ii) The child departs the United

9 States.

10 ‘‘(iii) The child is granted permanent

11 resident status in the United States;

12 ‘‘(iv) The child attains the age of 18.

13 ‘‘(v) The child is placed in the custody

14 of a parent, legal guardian, or licensed

15 child welfare agency.

16 ‘‘(F) POWERS.—The guardian ad litem—

17 ‘‘(i) shall have reasonable access to

18 the child, including access while such child

19 is being held in detention, in the care of a

20 foster family, or in any other temporary

21 living arrangement;

22 ‘‘(ii) shall be permitted to review all

23 records and information relating to such

24 proceedings that are not deemed privileged

25 or classified;


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•HR 972 IH

1 ‘‘(iii) may seek independent evalua2 tions of the child;

3 ‘‘(iv) shall be notified in advance of all

4 hearings or interviews involving the child

5 that are held in connection with pro6 ceedings or matters under the Immigration

7 and Nationality Act (8 U.S.C. 1101 et

8 seq.) or in connection with the investiga9 tion or prosecution of a severe form of

10 trafficking in persons (as defined in section

11 103 of the Trafficking Victims Protection

12 Act of 2000 (22 U.S.C. 7103)), and shall

13 be given a reasonable opportunity to be

14 present at such hearings or interviews;

15 ‘‘(v) shall be permitted to consult with

16 the child during any hearing or interview

17 involving such child; and

18 ‘‘(vi) shall be provided at least 24

19 hours advance notice of a transfer of that

20 child to a different placement, absent com21 pelling and unusual circumstances war22 ranting the transfer of such child prior to

23 notification.

24 ‘‘(G) TRAINING.—The Director of the Of25 fice for Refugee Resettlement is authorized to


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•HR 972 IH

1 provide training for all persons serving as

2 guardians ad litem under this section in the cir3 cumstances and conditions that child victims of

4 trafficking face and immigration benefits or

5 other rights under the Trafficking Victims Pro6 tection Act of 2000 (22 U.S.C. 7101 et seq.)

7 for which such child might be eligible.

8 ‘‘(H) AUTHORIZATION OF APPROPRIA9 TIONS.—There are authorized to be appro10 priated to the Secretary of Health and Human

11 Services such sums as may be necessary to

12 carry out this paragraph. ’’.

13 (c) ACCESS TO COUNSEL.—Section 107(c) of the

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

15 7105(c)) is amended by adding at the end the following

16 new paragraph:

17 ‘‘(5) ACCESS TO COUNSEL.—

18 ‘‘(A) ACCESS TO COUNSEL.—Victims of se19 vere forms of trafficking, while in the custody

20 of the Federal Government, shall not be denied

21 access to counsel in any proceeding or matter

22 relating to the investigation and prosecution of

23 the act of trafficking involved.

24 ‘‘(B) INFORMATION.—Victims of severe

25 forms of trafficking shall receive information


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1 about their right to access to counsel under

2 subparagraph (A). To the maximum extent

3 practicable, victims of severe forms of traf4 ficking shall receive contact information for

5 nongovernmental organizations that receive

6 funding from the Federal Government to pro7 vide counsel or other assistance to victims of

8 trafficking.’’.

9 (d) ESTABLISHMENT OF PILOT PROGRAM FOR RESI10 DENTIAL REHABILITATIVE FACILITIES FOR VICTIMS OF

11 TRAFFICKING.—

12 (1) STUDY.—

13 (A) IN GENERAL.—Not later than 180

14 days after the date of the enactment of this

15 Act, the Administrator of the United States

16 Agency for International Development shall

17 carry out a study to identify best practices for

18 the rehabilitation of victims of trafficking in

19 group residential facilities in foreign countries.

20 (B) FACTORS.—In carrying out the study

21 under subparagraph (A), the Administrator

22 shall—

23 (i) investigate factors relating to the

24 rehabilitation of victims of trafficking in

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1 propriate size of such facilities, services to

2 be provided, length of stay, and cost; and

3 (ii) give consideration to ensure the

4 safety and security of victims of traf5 ficking, provide alternative sources of in6 come for such victims, assess and provide

7 for the educational needs of such victims,

8 including literacy, and assess the psycho9 logical needs of such victims and provide

10 professional counseling, as appropriate.

11 (2) PILOT PROGRAM.—Upon completion of the

12 study carried out pursuant to paragraph (1), the

13 Administrator of the United States Agency for

14 International Development shall establish and carry

15 out a pilot program to establish residential treat16 ment facilities in foreign countries for victims of

17 trafficking based upon the best practices identified

18 in the study.

19 (3) PURPOSES.—The purposes of the pilot pro20 gram established pursuant to paragraph (2) are to—

21 (A) provide benefits and services to victims

22 of trafficking, including shelter, psychological

23 counseling, and assistance in developing inde24 pendent living skills;


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1 (B) assess the benefits of providing resi2 dential treatment facilities for victims of traf3 ficking, as well as the most efficient and cost4 effective means of providing such facilities; and

5 (C) assess the need for and feasibility of

6 establishing additional residential treatment fa7 cilities for victims of trafficking.

8 (4) SELECTION OF SITES.—The Administrator

9 of the United States Agency for International Devel10 opment shall select 2 sites at which to operate the

11 pilot program established pursuant to paragraph (2).

12 (5) FORM OF ASSISTANCE.—In order to carry

13 out the responsibilities of this subsection, the Ad14 ministrator of the United States Agency for Inter15 national Development shall enter into contracts with,

16 or make grants to, nonprofit organizations with rel17 evant expertise in the delivery of services to victims

18 of trafficking.

19 (6) REPORT.—Not later than one year after the

20 date on which the first pilot program is established

21 pursuant to paragraph (2), the Administrator of the

22 United States Agency for International Development

23 shall submit to the Committee on International Re24 lations of the House of Representatives and the


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1 Committee on Foreign Relations of the Senate a re2 port on the implementation of this subsection.

3 (7) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to the Ad5 ministrator of the United States Agency for Inter6 national Development to carry out this subsection

7 $2,500,000 for each of the fiscal years 2006 and

8 2007.

9 SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING

10 OFFENSES.

11 (a) EXTRATERRITORIAL JURISDICTION OVER FED12 ERAL CONTRACTORS.—

13 (1) IN GENERAL.—Part II of title 18, United

14 States Code, is amended by inserting after chapter

15 212 the following new chapter:

16 ‘‘CHAPTER 212A—EXTRATERRITORIAL JU17 RISDICTION OVER FEDERAL CON18 TRACTORS

‘‘Sec.

‘‘3271. Criminal offenses committed by Federal contractors outside the United

States.

‘‘3272. Definition.

19 ‘‘§ 3271. Criminal offenses committed by Federal con20 tractors outside the United States

21 ‘‘(a) Whoever, while an extraterritorial Federal con22 tractor, engages in conduct outside the United States that

23 would constitute an offense punishable by imprisonment


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1 for more than 1 year if the conduct had been engaged

2 in within the special maritime and territorial jurisdiction

3 of the United States shall be punished as provided for that

4 offense.

5 ‘‘(b) No prosecution may be commenced against a

6 person under this section if a foreign government, in ac7 cordance with jurisdiction recognized by the United

8 States, has prosecuted or is prosecuting such person for

9 the conduct constituting such offense, except upon the ap10 proval of the Attorney General or the Deputy Attorney

11 General (or a person acting in either such capacity), which

12 function of approval may not be delegated.

13 ‘‘§ 3272. Definition

14 ‘‘As used in this chapter, the term ‘extraterritorial

15 Federal contractor’ means a person—

16 ‘‘(1) employed as a contractor (including a sub17 contractor at any tier), or as an employee of a con18 tractor (or subcontractor at any tier), of any Federal

19 agency;

20 ‘‘(2) present or residing outside the United

21 States in connection with such employment; and

22 ‘‘(3) not a national of or ordinarily resident in

23 the host nation.’’.

24 (2) CLERICAL AMENDMENT.—The table of

25 chapters at the beginning of such part is amended


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1 by inserting after the item relating to chapter 212

2 the following new item:

‘‘212A. Extraterritorial jurisdiction over Federal contractors ................. 3271’’.

3 (b) NEW UCMJ OFFENSES.—

4 (1) IN GENERAL.—Subchapter X of chapter 47

5 of title 10, United States Code (the Uniform Code

6 of Military Justice), is amended by inserting after

7 section 920 (article 120) the following new sections:

8 ‘‘§ 920a. Art. 120a. Sex trafficking

9 ‘‘Any person subject to this chapter who knowingly

10 recruits, entices, harbors, transports, provides, or obtains

11 by any means a person, knowing that—

12 ‘‘(1) force, fraud, or coercion will be used to

13 cause that person to engage in a commercial sex act;

14 or

15 ‘‘(2) the person has not attained the age of

16 eighteen years and will be caused to engage in a

17 commercial sex act,

18 is guilty of sex trafficking and shall be punished as a

19 court-martial may direct.

20 ‘‘§ 920b. Art. 120b. Trafficking for labor or services

21 ‘‘Any person subject to this chapter who knowingly

22 recruits, harbors, transports, provides, or obtains by any

23 means a person for labor or services—

24 ‘‘(1) by threats of serious harm to, or physical

25 restraint against, that person or another person;


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1 ‘‘(2) by means of any scheme, plan, or pattern

2 intended to cause the person to believe that, if the

3 person did not perform such labor or services, that

4 person or another person would suffer serious harm

5 or physical restraint; or

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

7 of law or the legal process,

8 is guilty of trafficking for labor or services and shall be

9 punished as a court-martial may direct.’’.

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such subchapter is amend12 ed by inserting after the item relating to section 920

13 (article 120) the following new items:

‘‘920a. 120a. Sex trafficking.

‘‘920b. 120b. Trafficking for labor or services.’’.

14 (c) LAUNDERING OF MONETARY INSTRUMENTS.—

15 Section 1956(c)(7)(B) of title 18, United States Code, is

16 amended—

17 (1) in clause (v), by striking ‘‘or’’ at the end;

18 (2) in clause (vi), by adding ‘‘or’’ at the end;

19 and

20 (3) by adding at the end the following new

21 clause:

22 ‘‘(vii) trafficking in persons, selling or

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1 boring a person, including a child, for com2 mercial sex acts;’’.

3 (d) TRANSPORTATION OF MINORS.—Section 2423 of

4 title 18, United States Code, is amended by adding at the

5 end the following new subsection:

6 ‘‘(h) ENFORCEMENT AGAINST UNITED STATES CITI7 ZENS IN FOREIGN PLACES.—If a United States Govern8 ment official attached to a United States Embassy in a

9 foreign place becomes aware of a United States citizen or

10 an alien admitted for permanent residence in the United

11 States who is located in such foreign place and who has

12 traveled in foreign commerce in violation of subsection (a),

13 (b), (c), (d), or (e), the United States Embassy shall notify

14 local law enforcement authorities and shall encourage the

15 prosecution of the individual under applicable local laws

16 or the extradition of the individual to the United States

17 for the purpose of prosecution under this section.’’.

18 SEC. 104. ENHANCING UNITED STATES EFFORTS TO COM19 BAT TRAFFICKING IN PERSONS.

20 (a) APPOINTMENT TO INTERAGENCY TASK FORCE

21 TO MONITOR AND COMBAT TRAFFICKING.—Section

22 105(b) of the Trafficking Victims Protection Act of 2000

23 (22 U.S.C. 7103(b)) is amended—


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1 (1) by striking ‘‘the Director of Central Intel2 ligence’’ and inserting ‘‘the Director of National In3 telligence’’; and

4 (2) by inserting ‘‘, the Secretary of Defense, the

5 Secretary of Homeland Security’’ after ‘‘the Director

6 of National Intelligence’’ (as added by paragraph

7 (1)).

8 (b) REPORTING REQUIREMENT.—Section

9 105(d)(7)(D) of the Trafficking Victims Protection Act of

10 2000 (22 U.S.C. 7103(d)(7)(D)) is amended by adding

11 at the end before the semicolon the following: ‘‘, and with

12 respect to each case prosecuted under one or more of these

13 sections, the number of victims of trafficking identified in

14 each case and, of those victims, the number that have been

15 granted continued presence in the United States under

16 section 107(c)(3) or have been granted a visa under sec17 tion 101(a)(15)(T)(i) of the Immigration and Nationality

18 Act’’.

19 (c) MINIMUM STANDARDS FOR THE ELIMINATION OF

20 TRAFFICKING.—Section 108(b) of the Trafficking Victims

21 Protection Act of 2000 (22 U.S.C. 7106(b)) is amended—

22 (1) in paragraph (3), by adding at the end be23 fore the period the following: ‘‘, measures to reduce

24 the demand for commercial sex acts and for partici25 pation in international sex tourism by nationals of


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1 the country, measures to ensure that its nationals

2 who are deployed abroad as part of a peacekeeping

3 or other similar mission do not engage in or facili4 tate severe forms of trafficking in persons or exploit

5 victims of such trafficking, and measures to prevent

6 the use of forced labor or child labor in violation of

7 international standards’’; and

8 (2) in the first sentence of paragraph (7), by

9 striking ‘‘persons,’’ and inserting ‘‘persons, including

10 nationals of the country who are deployed abroad as

11 part of a peacekeeping or other similar mission who

12 engage in or facilitate severe forms of trafficking in

13 persons or exploit victims of such trafficking,’’.

14 (d) RESEARCH.—Section 112A of the Trafficking

15 Victims Protection Act of 2000 (22 U.S.C. 7109a) is

16 amended—

17 (1) in the first sentence of the matter preceding

18 paragraph (1)—

19 (A) by striking ‘‘The President’’ and in20 serting ‘‘(a) IN GENERAL.—The President’’;

21 and

22 (B) by striking ‘‘the Director of Central

23 Intelligence’’ and inserting ‘‘the Director of Na24 tional Intelligence’’;


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1 (2) in paragraph (3), by adding at the end be2 fore the period the following: ‘‘, particularly HIV/

3 AIDS’’;

4 (3) by adding at the end the following new

5 paragraphs:

6 ‘‘(4) Subject to subsection (b), the interrelation7 ship between trafficking in persons and terrorism,

8 including the use of profits from trafficking in per9 sons to finance terrorism.

10 ‘‘(5) An effective mechanism for quantifying the

11 number of victims of trafficking on a national, re12 gional, and international basis.

13 ‘‘(6) The abduction and enslavement of children

14 for use as soldiers, including steps taken to elimi15 nate the abduction and enslavement of children for

16 use as soldiers and recommendations for such fur17 ther steps as may be necessary to rapidly end the

18 abduction and enslavement of children for use as

19 soldiers.’’; and

20 (4) by further adding at the end the following

21 new subsections:

22 ‘‘(b) ROLE OF HUMAN SMUGGLING AND TRAF23 FICKING CENTER.—The research initiatives described in

24 subsection (a)(4) shall be carried out by the Human

25 Smuggling and Trafficking Center (established pursuant


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1 to section 7202 of the Intelligence Reform and Terrorism

2 Prevention Act of 2004 (Public Law 108–458)).

3 ‘‘(c) DEFINITIONS.—In this section:

4 ‘‘(1) AIDS.—The term ‘AIDS’ means the ac5 quired immune deficiency syndrome.

6 ‘‘(2) HIV.—The term ‘HIV’ means the human

7 immunodeficiency virus, the pathogen that causes

8 AIDS.

9 ‘‘(3) HIV/AIDS.—The term ‘HIV/AIDS’

10 means, with respect to an individual, an individual

11 who is infected with HIV or living with AIDS.’’.

12 (e) FOREIGN SERVICE OFFICER TRAINING.—Section

13 708(a) of the Foreign Service Act of 1980 (22 U.S.C.

14 4028(a)) is amended—

15 (1) in the matter preceding paragraph (1), by

16 inserting ‘‘, the Director of the Office to Monitor

17 and Combat Trafficking,’’ after ‘‘the International

18 Religious Freedom Act of 1998’’;

19 (2) in paragraph (1), by striking ‘‘and’’ at the

20 end;

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

22 the end and inserting ‘‘; and’’; and

23 (4) by adding at the end the following:

24 ‘‘(3) instruction on international documents and

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1 cluding provisions of the Trafficking Victims Protec2 tion Act of 2000 (division A of Public Law 106–386;

3 22 U.S.C. 7101 et seq.) which may affect the United

4 States bilateral relationships.’’.

5 (f) PREVENTION OF TRAFFICKING BY PEACE6 KEEPERS.—

7 (1) INCLUSION IN TRAFFICKING IN PERSONS

8 REPORT.—Section 110(b)(1) of the Trafficking Vic9 tims Protection Act of 2000 (22 U.S.C. 7107(b)(1))

10 is amended—

11 (A) in subparagraph (B), by striking

12 ‘‘and’’ at the end;

13 (B) in subparagraph (C), by striking the

14 period at the end and inserting ‘‘; and’’; and

15 (C) by adding at the end the following new

16 subparagraph:

17 ‘‘(D) information on the measures taken

18 by the United Nations, the Organization for Se19 curity and Cooperation in Europe, the North

20 Atlantic Treaty Organization and, as appro21 priate, other multilateral organizations in which

22 the United States participates, to prevent the

23 involvement of the organization’s employees,

24 contractor personnel, and peacekeeping forces


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1 in trafficking in persons or the exploitation of

2 victims of trafficking.’’.

3 (2) PREVENTION OF TRAFFICKING IN CONNEC4 TION WITH PEACEKEEPING OPERATIONS.—

5 (A) CERTIFICATION BY SECRETARY OF

6 STATE.—At least 15 days prior to voting for or

7 otherwise officially endorsing a new, reauthor8 ized, or expanded peacekeeping mission under

9 the auspices of the United Nations, the North

10 Atlantic Treaty Organization, or any other mul11 tilateral organization in which the United

12 States participates (or in the case of a peace13 keeping mission to respond to an emergency, as

14 far in advance as is practicable), the Secretary

15 of State shall submit to the Committee on

16 International Relations of the House of Rep17 resentatives, the Committee on Foreign Rela18 tions of the Senate, and any other appropriate

19 congressional committee a certification that

20 contains—

21 (i) a determination that the organiza22 tion has taken appropriate measures to

23 prevent the organization’s employees, con24 tractor personnel, and peacekeeping forces

25 serving in the peacekeeping mission from


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1 trafficking in persons, exploiting victims of

2 trafficking, or committing acts of illegal

3 sexual exploitation and to hold accountable

4 any such individuals who engage in any

5 such acts while participating in the peace6 keeping mission; and

7 (ii) a detailed description of each of

8 the measures referred to in clause (i).

9 (B) PROVISION OF UNITED STATES

10 LOGISTICAL SUPPORT.—

11 (i) REQUIREMENT.—The United

12 States may provide logistical support for or

13 deploy personnel, including civilian police,

14 observers, or members of the United States

15 Armed Forces in support of a peace16 keeping mission under the auspices of the

17 United Nations, the North Atlantic Treaty

18 Organization, or any other multilateral or19 ganization in which the United States par20 ticipates only on or after the date on which

21 the Secretary of State submits to a Con22 gress a certification described in subpara23 graph (A).

24 (ii) EXCEPTION.—Notwithstanding

25 the failure of the Secretary of State to


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1 submit a certification pursuant to subpara2 graph (A) with respect to a peacekeeping

3 mission described in such subparagraph,

4 support described in clause (i) may be

5 made available for the peacekeeping mis6 sion on or after the date on which the Sec7 retary of State submits to Congress a let8 ter that contains—

9 (I) an explanation as to why the

10 certification required by subparagraph

11 (A) has not been provided;

12 (II) a description of the steps

13 taken by the United States to encour14 age the organization to take the ap15 propriate measures described in sub16 paragraph (A); and

17 (III) a certification that, notwith18 standing the failure of the organiza19 tion to take the appropriate measures

20 described in subparagraph (A), the

21 Secretary of State has determined

22 that voting for or otherwise officially

23 endorsing the peacekeeping mission is

24 in the national interests of United

25 States.


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1 (3) DEPARTMENT OF DEFENSE DIRECTOR OF

2 ANTI-TRAFFICKING POLICIES.—

3 (A) ESTABLISHMENT.—The Secretary of

4 Defense shall designate within the Office of the

5 Secretary of Defense a director of anti-traf6 ficking policies. The director shall be respon7 sible for overseeing the implementation within

8 the Department of Defense of policies relating

9 to trafficking in persons, including policies of

10 the Department and policies of the Federal

11 Government (including policies contained in Na12 tional Security Presidential Directive 22) as

13 they relate to the Department. The Secretary

14 may not assign to the director any responsibil15 ities not related to trafficking in persons.

16 (B) DUTIES.—The director designated

17 under subparagraph (A) shall, in consultation

18 with other relevant elements of the

19 Department—

20 (i) ensure that training materials and

21 instructional programs relating to traf22 ficking in persons are developed and used

23 by the military departments;

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1 eral organizations, nongovernmental orga2 nizations, and others with expertise in

3 combating trafficking in persons, regarding

4 the Department’s implementation of poli5 cies relating to trafficking in persons;

6 (iii) conduct surveys of members of

7 the Armed Forces and of employees of the

8 Department to assess attitudes and knowl9 edge regarding trafficking in persons and

10 use the results of those surveys to develop

11 training materials and instructional pro12 grams relating to trafficking in persons;

13 (iv) ensure that trafficking in persons

14 is included as an intelligence requirement

15 in peacekeeping missions that track orga16 nized crime;

17 (v) ensure the proper handling of

18 cases in which a member of the Armed

19 Forces or an employee or contractor of the

20 Department is alleged to have engaged in

21 or facilitated an act of trafficking in per22 sons and in such cases encourage, as ap23 propriate, implementation of chapter 212

24 of title 18, United States Code (commonly

25 referred to as the Military Extraterritorial


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1 Jurisdiction Act of 2000) and the Traf2 ficking Victims Protection Act of 2000;

3 (vi) ensure that the Department im4 plements the commitments relating to traf5 ficking in persons agreed to by the United

6 States in the context of the North Atlantic

7 Treaty Organization, the United Nations,

8 and other multilateral organizations, as

9 those commitments relate to the Depart10 ment;

11 (vii) establish a mechanism to ensure

12 that neither the Department nor any con13 tractor (or subcontractor at any tier) of

14 the Department rehires an employee of

15 such a contractor (or subcontractor) who

16 engaged in a severe form of trafficking in

17 persons while the contract is in effect;

18 (viii) include the subject of trafficking

19 in persons in military-to-military contact

20 programs;

21 (ix) in consultation with the Office of

22 the Inspector General of the Department,

23 investigate links between trafficking in per24 sons and deployments of members of the


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1 Armed Forces and contractors of the De2 partment;

3 (x) consult with contractors of the De4 partment on programs to prevent traf5 ficking in persons and on accountability

6 structures relating to trafficking in per7 sons; and

8 (xi) perform such other related duties

9 as the Secretary may require.

10 (C) RESOURCES.—The director designated

11 under subparagraph (A) shall have sufficient

12 staff and resources to carry out the responsibil13 ities and duties described in this paragraph.

14 (D) RANK.—The director designated under

15 subparagraph (A) shall have the rank of assist16 ant secretary.

17 (g) FBI INVESTIGATIONS.—From amounts made

18 available to carry out this subsection (including amounts

19 made available pursuant to the authorization of appropria20 tions in section 302), the Director of the Federal Bureau

21 of Investigation shall investigate acts of severe forms of

22 trafficking in persons other than domestic trafficking in

23 persons (as defined in section 206).


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1 SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COM2 BAT FORCED LABOR AND CHILD LABOR.

3 (a) IN GENERAL.—The Secretary of Labor, acting

4 through the head of the Bureau of International Labor

5 Affairs of the Department of Labor, shall carry out addi6 tional activities to monitor and combat forced labor and

7 child labor in foreign countries as described in subsection

8 (b).

9 (b) ADDITIONAL ACTIVITIES DESCRIBED.—The addi10 tional activities referred to in subsection (a) are—

11 (1) to monitor the use of forced labor and child

12 labor in violation of international standards;

13 (2) to provide information regarding trafficking

14 in persons for the purpose of forced labor to the Of15 fice to Monitor and Combat Trafficking of the De16 partment of State for inclusion in trafficking in per17 sons report required by section 110(b) of the Traf18 ficking Victims Protection Act of 2000 (22 U.S.C.

19 7107(b));

20 (3) to develop and make available to the public

21 a list of goods from countries that the Bureau of

22 International Labor Affairs has reason to believe are

23 produced by forced labor or child labor in violation

24 of international standards;

25 (4) to work with persons who are involved in

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1 graph (3) to create a standard set of practices that

2 will reduce the likelihood that such persons will

3 produce goods using the labor described in such

4 paragraph; and

5 (5) to consult with other departments and agen6 cies of the United States Government to reduce

7 forced and child labor internationally and ensure

8 that products made by forced labor and child labor

9 in violation of international standards are not im10 ported into the United States.

11 TITLE II—COMBATTING DOMES12 TIC TRAFFICKING IN PER13 SONS

14 SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN

15 PERSONS.

16 (a) PROGRAM TO REDUCE DEMAND FOR COMMER17 CIAL SEX ACTS.—

18 (1) PROGRAM.—The Secretary of Health and

19 Human Services shall identify best practices to re20 duce the demand for commercial sex acts in the

21 United States and shall carry out a program to im22 plement such best practices.

23 (2) REPORT.—The Secretary shall prepare and

24 post on the Internet Web site of the Department of


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1 Health and Human Services a report on the best

2 practices identified under paragraph (1).

3 (3) DEFINITIONS.—In this subsection, the term

4 ‘‘commercial sex act’’ has the meaning given the

5 term in section 103(3) of the Trafficking Victims

6 Protection Act of 2000 (22 U.S.C. 7102(3)).

7 (b) TERMINATION OF CERTAIN GRANTS, CON8 TRACTS, AND COOPERATIVE AGREEMENTS.—Section

9 106(g) of the Trafficking Victims Protection Act of 2000

10 (22 U.S.C. 7104) is amended—

11 (1) in paragraph (1), by striking ‘‘described in

12 paragraph (2)’’; and

13 (2) by striking paragraph (2).

14 SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DE15 VELOP, EXPAND, AND STRENGTHEN VICTIM

16 SERVICE PROGRAMS FOR VICTIMS OF DO17 MESTIC TRAFFICKING.

18 (a) GRANT PROGRAM.—Subject to the availability of

19 appropriations, the Secretary of Health and Human Serv20 ices may make grants to States, Indian tribes, units of

21 local government, and nonprofit, nongovernmental victims’

22 service organizations to develop, expand, and strengthen

23 victim service programs for victims of domestic trafficking.

24 (b) SELECTION FACTOR.—In selecting among appli25 cants for grants under subsection (a), the Secretary shall


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1 give priority to applicants with experience in the delivery

2 of services to runaway or homeless youth, including youth

3 who have been subjected to sexual abuse or commercial

4 sexual exploitation, and to applicants who would employ

5 survivors of commercial sexual exploitation as part of their

6 proposed project.

7 (c) LIMITATION ON FEDERAL SHARE.—The Federal

8 share of a grant made under this section may not exceed

9 75 percent of the total costs of the projects described in

10 the application submitted.

11 SEC. 203. PROTECTION OF VICTIMS OF DOMESTIC TRAF12 FICKING IN PERSONS.

13 (a) ESTABLISHMENT OF PILOT PROGRAM.—Not

14 later than 180 days after the date of the enactment of

15 this Act, the Secretary of Health and Human Services

16 shall establish and carry out a pilot program to establish

17 residential treatment facilities in the United States for

18 minor victims of domestic trafficking.

19 (b) PURPOSES.—The purposes of the pilot program

20 established pursuant to subsection (a) are to—

21 (1) provide benefits and services to minor vic22 tims of domestic trafficking, including shelter, psy23 chological counseling, and assistance in developing

24 independent living skills;


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1 (2) assess the benefits of providing residential

2 treatment facilities for minor victims of domestic

3 trafficking, as well as the most efficient and cost-ef4 fective means of providing such facilities; and

5 (3) assess the need for and feasibility of estab6 lishing additional residential treatment facilities for

7 minor victims of domestic trafficking.

8 (c) SELECTION OF SITES.—The Secretary of Health

9 and Human Services shall select 3 sites at which to oper10 ate the pilot program established pursuant to subsection

11 (a).

12 (d) FORM OF ASSISTANCE.—In order to carry out the

13 responsibilities of this section, the Secretary of Health and

14 Human Services shall enter into contracts with, or make

15 grants to, nonprofit organizations with relevant expertise

16 in the delivery of services to runaway or homeless youth,

17 including youth who have been subjected to sexual abuse

18 or commercial sexual exploitation.

19 (e) REPORT.—Not later than one year after the date

20 on which the first pilot program is established pursuant

21 to subsection (a), the Secretary of Health and Human

22 Services shall submit to Congress a report on the imple23 mentation of this section.

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to the Secretary of


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1 Health and Human Services to carry out this section

2 $5,000,000 for each of the fiscal years 2006 and 2007.

3 SEC. 204. INVESTIGATION BY FEDERAL BUREAU OF INVES4 TIGATION OF ACTS OF DOMESTIC TRAF5 FICKING IN PERSONS.

6 From amounts made available to carry out this sec7 tion (including amounts made available pursuant to the

8 authorization of appropriations in section 302), the Direc9 tor of the Federal Bureau of Investigation shall inves10 tigate acts of domestic trafficking in persons.

11 SEC. 205. ENHANCING STATE AND LOCAL EFFORTS TO

12 COMBAT TRAFFICKING IN PERSONS.

13 (a) ESTABLISHMENT OF GRANT PROGRAM FOR LAW

14 ENFORCEMENT.—

15 (1) IN GENERAL.—Subject to the availability of

16 appropriations, the Attorney General may make

17 grants to States and local law enforcement agencies

18 to develop, expand, or strengthen programs to inves19 tigate and prosecute acts of domestic trafficking in

20 persons.

21 (2) MULTI-DISCIPLINARY APPROACH RE22 QUIRED.—Grants under paragraph (1) may be made

23 only for programs in which the State or local law en24 forcement agency works collaboratively with victim

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1 mental organizations, including faith-based organiza2 tions and organizations with experience in the deliv3 ery of services to youth who have been subjected to

4 sexual abuse or commercial sexual exploitation.

5 (3) LIMITATION ON FEDERAL SHARE.—The

6 Federal share of a grant made under this subsection

7 may not exceed 75 percent of the total costs of the

8 projects described in the application submitted.

9 (b) IMPROVED INTERAGENCY COORDINATION TO

10 COMBAT DOMESTIC TRAFFICKING.—Section 206(a)(1) of

11 the Juvenile Justice and Delinquency Prevention Act of

12 1974 (42 U.S.C. 5616(a)(1)) is amended by inserting ‘‘,

13 the Director of the Office to Monitor and Combat Traf14 ficking of the Department of State’’ after ‘‘the Commis15 sioner of Immigration and Naturalization’’.

16 SEC. 206. DEFINITIONS.

17 In this title:

18 (1) DOMESTIC TRAFFICKING IN PERSONS.—The

19 term ‘‘domestic trafficking in persons’’ means a se20 vere form of trafficking in persons as defined by sec21 tion 103(8) of the Trafficking Victims Protection

22 Act of 2000 (22 U.S.C. 7102(8)), which occurs

23 wholly within the territorial jurisdiction of the

24 United States.


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•HR 972 IH

1 (2) VICTIM OF DOMESTIC TRAFFICKING.—The

2 term ‘‘victim of domestic trafficking’’ means a per3 son subjected to an act or practice described in

4 paragraph (1).

5 (3) MINOR VICTIM OF DOMESTIC TRAF6 FICKING.—The term ‘‘minor victim of domestic traf7 ficking’’ means a person subjected to an act or prac8 tice described in paragraph (1) who has not attained

9 18 years of age at the time the person is identified

10 as a victim of domestic trafficking.

11 TITLE III—AUTHORIZATIONS OF

12 APPROPRIATIONS

13 SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

14 Section 113 of the Trafficking Victims Protection Act

15 of 2000 (22 U.S.C. 7110) is amended—

16 (1) in subsection (a)—

17 (A) by striking ‘‘and $5,000,000’’ and in18 serting ‘‘$5,000,000’’;

19 (B) by adding at the end before the period

20 the following: ‘‘, and $5,500,000 for each of the

21 fiscal years 2006 and 2007’’; and

22 (C) by further adding at the end the fol23 lowing new sentence: ‘‘In addition, there are au24 thorized to be appropriated to the Office to

25 Monitor and Combat Trafficking for official reVerDate Mar 21 2002 11:08 Apr 19, 2005 Jkt 000000 PO 00000 Frm 00050 Fmt 6633 Sfmt 6633 F:\WORK\AFRICA\031005M\99824.000 HINTREL1 PsN: SHIRL

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•HR 972 IH

1 ception and representation expenses $3,000 for

2 each of the fiscal years 2006 and 2007.’’;

3 (2) in subsection (b), by striking ‘‘2004 and

4 2005’’ and inserting ‘‘2004, 2005, 2006, and 2007’’;

5 (3) in subsection (c)(1), by striking ‘‘2004 and

6 2005’’ each place it appears and inserting ‘‘2004,

7 2005, 2006, and 2007’’;

8 (4) in subsection (d), by striking ‘‘2004 and

9 2005’’ each place it appears and inserting ‘‘2004,

10 2005, 2006, and 2007’’;

11 (5) in subsection (e)—

12 (A) in paragraphs (1) and (2), by striking

13 ‘‘2003 through 2005’’ and inserting ‘‘2003

14 through 2007’’; and

15 (B) in paragraph (3), by striking

16 ‘‘$300,000 for fiscal year 2004 and $300,000

17 for fiscal year 2005’’ and inserting ‘‘$300,000

18 for each of the fiscal years 2004 through

19 2007’’; and

20 (6) in subsection (f), by striking ‘‘2004 and

21 2005’’ and inserting ‘‘2004, 2005, 2006, and 2007’’.

22 SEC. 302. INVESTIGATIONS BY FEDERAL BUREAU OF INVES23 TIGATIONS.

24 There are authorized to be appropriated to the Direc25 tor of the Federal Bureau of Investigation to carry out


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•HR 972 IH

1 sections 204 and 104(g) $15,000,000 for fiscal year 2006,

2 to remain available until expended.

Æ


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Mr. SMITH. Without objection, the bill will be considered as read 

and open for amendment at any point. I would just like to recognize myself for a very brief opening statement on the bill. We are 

considering the Trafficking Victims Protection Act of 2005. It is the 

third in a series of pieces of legislation that are designed to mitigate, and, hopefully, end the global scourge of slavery throughout 

the world. Parts of this bill, not germane to this Committee, will 

be taken up by other committees of the Congress that deal with the 

issue of domestic trafficking as well. 

Yesterday, the Subcommittee heard compelling testimony about 

the continuing problem of human trafficking worldwide, which victimizes millions of women, children and men, who are trafficked 

internationally or internally within states each year and exploited 

through forced labor or sexual exploitation. 

As Chairman of the Subcommittee on International Operations 

and Human Rights several years ago, a predecessor to this Subcommittee, I sponsored the Trafficking Victims Protection Act of 

2000. It was a bipartisan bill. We had numerous Members from 

both sides of the isle supporting it, on both the House and the Senate side. I also sponsored the Reauthorization Act in 2003 that expanded upon our efforts to combat human trafficking. 

As a result of those laws, our Government has been a leader in 

addressing this human rights violation and encouraging other governments to do the same. Today, governments around the world 

are enacting laws. Yesterday, we heard that the current numbers, 

about 40 new laws, had been enacted in the last couple of years 

to try to combat trafficking and also to protect the women from the 

horrific impact and consequences of being forced into sexual slavery. 

H.R. 972 would reauthorize appropriations for anti-trafficking 

programs both here and abroad that are needed to support our 

Government’s ongoing efforts. The bill also offers solutions to a 

number of specific scenarios in which trafficking is a problem, but 

which our experience has shown could benefit from additional initiatives, and that is what is contained in the bill. 

Of relevance to this Subcommittee, H.R. 972 would: Reauthorize 

appropriations for anti-trafficking programs of the Department of 

State and U.S. Agency for International Development (USAID) for 

2006 and 2007; direct the State Department and USAID, working 

with the Department of Defense, to incorporate trafficking prevention strategies into post-conflict and post-natural disaster relief 

programs. 

It would direct USAID to establish a pilot program for residential 

rehabilitation facilities for trafficking victims in two locations 

abroad. It would require the State Department’s annual Trafficking 

in Persons Report to include steps taken by the U.N., OSCE, NATO 

and other international organizations, to eliminate involvement of 

the organizations’ personnel, contractors and peacekeepers in trafficking. It would require the Secretary of State to certify that safeguards are in place to prevent peacekeepers from engaging in trafficking, or committing acts of sexual exploitation, before the United 

States endorses, or provides logistical or other support for peacekeeping missions. A broadly written exception is also provided to 

this certification requirement, which ensures that the AdministraVerDate Mar 21 2002 11:08 Apr 19, 2005 Jkt 000000 PO 00000 Frm 00053 Fmt 6633 Sfmt 6633 F:\WORK\AFRICA\031005M\99824.000 HINTREL1 PsN: SHIRL
50

tion’s hands will not be unduly tied in the event that an emergency 

situation makes such a certification process unreasonable; where 

they would have to report to us by letter, so we would know why 

we didn’t get those safeguard assurances. 

It also would end the criteria by which countries are evaluated 

for the annual Trafficking in Persons Report by adding consideration of foreign governments’ efforts to implement demand-reduction measures for commercial sex acts, which is linked to sex trafficking, to prevent its nationals from participating in sex tourism; 

and to ensure that its peacekeepers and peacekeeping troops do not 

engage in trafficking persons, or exploit women and victims; and to 

prevent the use of forced labor, or child labor, in violation of international standards. 

I am very pleased that my good friend and colleague, Don Payne, 

was the original co-sponsor of this legislation, along with Tom Lantos, and many of the Committee Members, and I yield to Mr. Payne 

such time as he may consume on this bill. 

[The prepared statement of Mr. Smith follows:]

PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND CHAIRMAN, SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS

H.R. 972

The Subcommittee will now consider the Trafficking Victims Protection Reauthorization Act of 2005, H.R. 972, which I introduced along with this Subcommittee’s 

Ranking Member, Rep. Donald Payne. I thank the other Subcommittee Members 

who have co-sponsored this bill since introduction. 

Yesterday, the Subcommittee heard compelling testimony about the continuing 

problem of human trafficking worldwide which victimizes millions of women, children and men who are trafficked internationally or internally within states each 

year and exploited through forced labor or sexual exploitation. 

As Chairman of the Subcommittee on International Operations and Human 

Rights, a predecessor to this Subcommittee, I sponsored the Trafficking Victims Protection Act of 2000 and a reauthorization of that Act in 2003, which created a framework for combating trafficking in persons. As a result of those laws, our government 

has been a leader in addressing this human rights violation and encouraging other 

governments to do the same. Today, governments around the world are enacting 

laws to combat trafficking, traffickers are increasingly likely to face prosecution and 

conviction, and governments, NGOs and faith communities have reached out to heal 

survivors of trafficking. 

H.R. 972 would reauthorize appropriations for anti-trafficking programs here and 

abroad that are needed to support our government’s ongoing efforts. The bill also 

offers solutions to a number of specific scenarios in which trafficking is a problem, 

but which our experience has shown could benefit from additional initiatives. Of relevance to this Subcommittee, H.R. 972 would

• Reauthorize appropriations for anti-trafficking programs of the Department of 

State and the U.S. Agency for International Development for fiscal years 2006 

and 2007;

• Direct the State Department, USAID, working with DoD, to incorporate trafficking prevention strategies into post-conflict and post-natural disaster relief 

programs;

• Direct USAID to establish a pilot program for residential rehabilitation facilities for trafficking victims in two locations abroad;

• Require the State Department’s annual Trafficking in Persons Report to include steps taken by the UN, OSCE, NATO and other international organizations, to eliminate involvement of the organization’s personnel, contractors 

and peacekeepers in trafficking;

• Require the Secretary of State to certify that safeguards are in place to prevent peacekeepers from engaging in trafficking or committing acts of sexual 

exploitation before the United States endorses or provides logistical or other 

51

support for a peacekeeping mission, a broadly written exception is also provided to this certification requirement which ensures that the Administration’s hands will not be unduly tied in the event that an emergency situation 

makes such a certification process unreasonable; and

• Amend the criteria by which countries are evaluated for the annual Trafficking in Persons Report by adding consideration of foreign governments’ efforts to implement demand reduction measures for commercial sex acts, 

which is linked to sex trafficking, to prevent its nationals from participating 

in sex tourism, to ensure that its peacekeeping troops do not engage in TIP 

or exploit TIP victims, and to prevent the use of forced labor or child labor 

in violation of international standards.

I urge my colleagues to support this bill in order to continue and enhance the 

good work underway to combat trafficking in persons.

Mr. PAYNE. Thank you very much, Mr. Chairman. Thank you for 

calling this markup of H.R. 972, the authorization of the Trafficking Victims Protection Act of 2000; and we have another one 

that we will talk about a little bit later. 

Let me just say that with your work on raising awareness of the 

scourge of human trafficking—a global problem—both here in the 

Congress and abroad as Chairman of the Helsinki Commission, 

and your work with OSCE, the Organization for Security and Cooperation in Europe, you have been a real champion and have really moved some of the Europeans to more seriously consider this 

whole question of trafficking, which seemed to have been an issue 

on which people conveniently looked the other way. 

Your commitment has engendered not only the first-ever law of 

Prevention of Trafficking and the protection of victims of trafficking, making the United States a leader on the issue, but it has 

also sparked international attention and action toward zero tolerance. Again, I commend you for calling yesterday’s hearing of this 

Subcommittee on the issue. It is so important that we reauthorize 

H.R. 972 to ensure that the mechanisms we put in place have funding for the next 2 fiscal years to root out trafficking and modern 

form of slavery, and to protect some of the 600,000 to 800,000 men, 

women and children whose lives have been uprooted and forever 

changed by this harmful exploitation. 

We have to get serious about the rights of women. We have to 

get serious about the rights of children. They are vulnerable and 

this legislation will go a long way toward highlighting the problems 

that they are confronted with. As I mentioned at yesterday’s hearing, if we are serious about fighting trafficking conflicts, improving 

global health conditions, and developing economic programs to assist countries to deal with farm subsidies and dealing with other 

serious issues that face the developing worlds, in particular, we 

must find a way to fight poverty. 

Poverty is the root cause of so many complex global problems. In 

fighting poverty, it is critical that we focus on women and children 

especially. We need to force the women’s organization’s activities to 

protect children for our future. That is why this bill is so important 

and I strongly support it. 

Thank you, Mr. Chairman. I yield back. 

[The prepared statement of Mr. Payne follows:]

52

PREPARED STATEMENT OF THE HONORABLE DONALD M. PAYNE, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF NEW JERSEY

H.R. 972—TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEARS 2006 AND 2007 FOR THE

TRAFFICKING VICTIMS PROTECTION ACT OF 2000, AND FOR OTHER PURPOSES

Mr. Chairman, I thank you for calling this markup of HR 972, the Reauthorization of the Trafficking Victims Protection Act of 2000 and H CON RES 88, remembering the victims of the genocide that occurred in 1994 in Rwanda and pledging 

to work to ensure that such an atrocity does not take place again. 

Your work on raising awareness of the scourge of human trafficking—a global 

problem—both here in the Congress and abroad as chairman of the Helsinki Commission and your work with the OSCE (Organization for Security and Cooperation 

in Europe). 

Your commitment has engendered not only the first ever law on the prevention 

of trafficking and the protection of victims of trafficking—making the U.S. a leader 

on the issue—but it has sparked international attention and action towards zero tolerance. And again, I commend you for calling yesterday’s hearing of this subcommittee on the issue. 

It is so important that we reauthorize HR 972 to ensure that the mechanisms we 

have put into place have funding for the next two fiscal years to root out trafficking 

and modern forms of slavery and to protect some of the 600–800 thousand men, 

women, and children whose lives have been uprooted and forever changed by this 

form of exploitation. 

As I mentioned yesterday, if we are serious about fighting trafficking, conflict, improving global health conditions, and dealing with other such serious issues that 

face the developing world in particular, we must find ways to fight poverty. Poverty 

is the root cause of so many complex global problems. In fighting poverty, it is critical we focus on women and children especially. We need to foster women’s organizational activities and protect children who are our future. 

That is why this bill is so important and I strongly support it.

Mr. SMITH. I thank my friend for his good, strong statement and 

for his support of this legislation and in helping to draft it. 

Would any of the other Members like to be heard? 

Mr. Tancredo. 

Mr. TANCREDO. Thank you, Mr. Chairman, I would. I want to 

commend you, along with the others that have done so, for your 

work in this area, not just on this legislation, but for all your prior 

work in this area. Yesterday’s hearing was discouraging and encouraging. We heard about the many problems still existing but we 

also heard about some of the successes. Forty-two countries, if I am 

not mistaken, have now put in place some sort of law that is designed to prevent the kind of abuses that we know have been 

rampant throughout the world. That, I think, to a large measure 

is directly related to your efforts. 

Seldom do we see such a direct relationship between the things 

we do in this Congress, bills we pass and individual effort, and 

some sort of positive response and positive development. But countries are learning to become aware of this particular issue; they are 

embarrassed by it, as well they should be. We should also be embarrassed to the extent that it still happens within the United 

States, that people come across our borders for the purpose of trafficking and we know that it happens. We, of course, take a much 

more aggressive attitude toward enforcement than most places but, 

nonetheless, it is gratifying to know that there are good things happening in the world as a result of the legislation we passed and, 

as a matter of fact, of your efforts. 

I just wanted to acknowledge that sometimes the glass is half 

full. 

53

Mr. SMITH. I want to thank my friend for his kind comments and 

for his leadership on this as well. 

Would any other Member like to be heard? 

[No response.] 

Mr. SMITH. If not, I have two amendments at the desk, which, 

without objection, will be considered as read and considered en 

bloc. The clerk will designate the amendments. 

Ms. HALLOCK. The amendments are offered en bloc to H.R. 972 

by Mr. Smith of New Jersey. 

[The en bloc amendments referred to follow:]

54

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AMENDMENT TO H.R. 972

OFFERED BY MR. SMITH OF NEW JERSEY

Page 20, line 16, strike ‘‘nonprofit’’.

Page 42, line 15, strike ‘‘nonprofit’’.


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AMENDMENT TO H. R. 972

OFFERED BY MR. SMITH OF NEW JERSEY

Page 25, strike line 3 and all that follows through

line 17.


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Mr. SMITH. Without objection, I ask that the amendments be considered as read. This amendment very simply strikes ‘‘nonprofit’’ 

from sections 102(d)(5) and 203(d). These sections would establish 

pilot programs for residential rehabilitation facilities for trafficking 

victims overseas and at home. 

Striking ‘‘nonprofit’’ would mean that any organization, nonprofit 

or for profit, with experience on the ground could implement the 

program. The USAID and State Department have raised a concern 

that the current language limits its implementation only to nonprofits, and Mr. Flake, a Member of this Committee, raised this 

issue as well. I think it is a good accommodation, so I would then 

move the amendment. 

Would anybody like to be heard on the amendment? 

[No response.] 

Mr. SMITH. If not, the question occurs on the amendments en 

bloc. 

All those in favor, say aye. 

[Chorus of ayes.] 

Mr. SMITH. Opposed, no. 

[No response.] 

Mr. SMITH. The ayes have it and the amendments are agreed to. 

Are there any further amendments? 

[No response.] 

Mr. SMITH. If not, the question occurs in the motion to report the 

bill, H.R. 972, favorably as amended. All in favor, say aye. 

[Chorus of ayes.] 

Mr. SMITH. Opposed, no. 

[No response.] 

Mr. SMITH. The motion is approved and without objection, the 

resolution will be reported favorably to the Full Committee in the 

form of a single amendment in the nature of a substitute, incorporating the amendments adopted here today. Without objection, 

the staff is directed to make any technical and conforming amendments to it. 

The next item of business on the Subcommittee’s agenda is pursuant to notice. I call up the resolution, H. Con. Res. 88, Remembering the victims of the genocide that occurred in 1994 in Rwanda 

and pledging to work to ensure that such an atrocity does not take 

place again, for purposes of markup and move its recommendation 

to the Full Committee. Without objection, the resolution will be 

considered as read and open for amendment at any time. 

[H. Con. Res. 88 follows:]

57

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[108HC406]

.....................................................................

(Original Signature of Member)

109TH CONGRESS

1ST SESSION H. CON. RES. l Remembering the victims of the genocide that occurred in 1994 in Rwanda

and pledging to work to ensure that such an atrocity does not take

place again.

IN THE HOUSE OF REPRESENTATIVES

Mr. PAYNE submitted the following concurrent resolution; which was referred

to the Committee on lllllllllllllll

CONCURRENT RESOLUTION

Remembering the victims of the genocide that occurred in

1994 in Rwanda and pledging to work to ensure that

such an atrocity does not take place again.

Whereas in August 1993, the government of President Juvenal Habyarimana and the Rwandan Patriotic Front

(RPF) signed a peace agreement, paving the way for a

power-sharing arrangement and the return of Rwandan

refugees to their country;

Whereas shortly after signing the peace agreement, President

Habyarimana deliberately and systematically delayed the

setting up of the coalition government as agreed to by


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H.L.C.

the parties, expanded the training of extremist groups,

and intensified hate radio through Radio Mille Collines;

Whereas as part of the Arusha Accords the United Nations

agreed to deploy 2,500 peacekeeping troops, known as

the United Nations Mission in Rwanda (UNAMIR);

Whereas according to a UNAMIR report, on November 5,

1993, at a meeting chaired by President Habyarimana,

the government decided to provide the Interhamwe and

other youth militia weapons, including grenades and machetes with a directive to kill Tutsis, and according to the

same report, distribution of the weapons began that same

month;

Whereas on December 3, 1993, senior officers in the Rwandan Armed Forces warned General Romeo Dallaire, commander of United Nations forces in Rwanda, of increasing and systematic killings of civilians by the militia, and

planned assassinations of senior officials in the coalition

government, including the fact that President

Habyarimana himself had authorized this bloody campaign;

Whereas throughout December 1993, a number of reports,

including reports from the Ambassador of Belgium in

Rwanda, UNAMIR officials, and human rights groups,

confirmed widespread killings of civilians by pro-government militia and confirmed training of pro-government

militia in government-run camps;

Whereas on January 6, 1994, General Dallaire reported to

the United Nations that the killings of civilians by militia

groups were well-organized and indicated that these

killings would continue for the foreseeable future;


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H.L.C.

Whereas on January 10, 1994, UNAMIR officers met with

an informant named Jean-Pierre, a commander in the

Interhamwe militia, who told them of a large weapons

cache intended for members of the Interhamwe militia;

Whereas on January 11, 1994, General Dallaire sent a confidential cable to United Nations headquarters informing

United Nations officials about militia training and arms

cache;

Whereas General Dallaire wrote to his superiors that the militias intended to kill a large number of Tutsi and moderate Hutu civilians, and he informed the United Nations

peacekeeping department that he intended to seize the

arms and asked for United Nations protection for the informant who provided the information;

Whereas on January 12, 1994, General Dallaire was told by

United Nations headquarters that the United Nations

mandate did not give him the authority to seize the arms

cache and the United Nations would not provide protection to the informant, and instead, General Dallaire was

ordered to provide the information to President

Habyarimana and the ambassadors of Belgium, France,

and the United States;

Whereas on February 21, 1994, extremists assassinated the

Minister of Public Works, Felicien Gatabazi, and on February 20, 1994, Prime Minister-designate Twagiramungu

escaped an assassination attempt;

Whereas the security situation in Rwanda deteriorated rapidly in late February 1994, with the slaughter of 70 civilians in Kigali, the capital of Rwanda;

Whereas on March 10, 1994, the National Republican Movement for Democracy (MRND) party leaders expressed


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H.L.C.

frustration and anger that President Habyarimana did

not consult them before he left for a meeting with President Yoweri Museveni of Uganda and described his decision to go as ‘‘a serious political error’’;

Whereas on April 6, 1994, the Presidents of Rwanda and Burundi, along with several senior government officials,

were killed when their plane was shot down as it approached the capital of Rwanda;

Whereas on April 7, 1994, the Rwandan Armed Forces and

the Interhamwe militia unleashed genocide against Tutsi

civilians and moderate Hutu politicians when tens of

thousands of innocent civilians, including women and

children, were massacred;

Whereas ten Belgian peacekeeping troops assigned to protect

the Rwandan Hutu Prime Minister were brutally murdered along with the Prime Minister;

Whereas on April 8, 1994, the Rwandan Patriotic Front

launched an offensive to stop the ongoing genocide and

to rescue 600 RPF troops trapped in Kigali, who were

sent to protect RPF officials as agreed to in the Arusha

Accords;

Whereas on April 8, 1994, France, Belgium, and the United

States evacuated their citizens from Rwanda;

Whereas on April 11, 1994, an estimated 2,000 civilians were

slaughtered at the Don Bosco school in Kigali where they

sought shelter and briefly were protected by UNAMIR

troops;

Whereas the civilians at the school were killed after the

United Nations ordered UNAMIR troops to abandon the

civilians and withdraw to the airport;


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H.L.C.

Whereas on April 14, 1994, Belgium withdrew its troops

from Rwanda and a week later the United Nations Security Council voted unanimously to withdraw UNAMIR

troops at the height of the Rwandan genocide;

Whereas almost a month into the Rwandan genocide, the

Clinton Administration refused to use the word genocide

with respect to the situation in Rwanda and on April 28,

1994, the United Nations Security Council deliberately

omitted the word genocide from a Council resolution in

order to avoid its legal and international obligations to

intervene;

Whereas on May 13, 1994, the United Nations Security

Council began deliberation on a resolution to authorize a

robust peacekeeping force for Rwanda;

Whereas the United States ambassador to the United Nations, Ambassador Madeleine Albright, forced a delay on

the United Nations Security Council vote because of

funding issues;

Whereas on May 17, 1994, Ambassador Albright defended

her position by saying ‘‘sending a U.N. force into a maelstrom in Rwanda without a sound plan of operations

would be folly’’;

Whereas on May 17, 1994, five weeks after the Rwandan

genocide began, the United Nations Security Council authorized the deployment of 6,800 United Nations peacekeeping troops with a mandate to protect civilians;

Whereas the United Nations Security Council resolution authorizing such deployment stated that ‘‘acts of genocide

may have been committed’’;

Whereas on June 22, 1994, the United Nations Security

Council authorized the deployment of French forces to


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south-west Rwanda to create a ‘‘safe area’’ for fleeing civilians and subsequently fleeing militia and government

leaders were given safe haven and protection by the

French forces most of whom eventually fled to Zaire;

Whereas on July 4, 1994, the Rwandan Patriotic Front captured Kigali, the Hutu-led government fled to Zaire, the

French ended their mission and were replaced by a

United Nations peacekeeping force from Ethiopia, and

the RPF formed an interim national unity government;

Whereas on August 17, 1994, Rwandan Defense Minister,

Paul Kagame, warned the Government of Zaire not to

allow members of the former Rwandan Armed Forces

and the Interhamwe militia to train and launch attacks

from Zaire;

Whereas in August 1994, the United States deployed troops

to the Central Africa region to assist in the relief operation;

Whereas an estimated 2,000 United States troops participated in Operation Support Hope, however, the United

States was criticized by some observers for not responding quickly to the Rwandan crisis and for its role in the

United Nations Security Council;

Whereas, Rwanda having joined the United Nations Security

Council in early 1994, the United Nations representative

of the new Rwandan Government took his seat at the Security Council on September 1, 1994, after months of debate as to who should represent Rwanda in the United

Nations;

Whereas on September 4, 1994, the commander of Ethiopia’s

United Nations peacekeeping force in Rwanda stated that


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H.L.C.

French troops provided protection and allowed former

soldiers of the Rwandan Government to flee to Zaire;

Whereas in a newspaper interview, the commander stated

that he saw French troops transporting former soldiers

to Zaire, although French officials had said earlier that

officials of the former Rwandan government would not be

allowed to enter the safety zone;

Whereas in 1996 most of the refugees who fled to Zaire returned home;

Whereas in November 1994, the United Nations Security

Council established an international tribunal to prosecute

major suspects in the Rwanda genocide;

Whereas the new Government of Rwanda voted against the

resolution because the resolution did not allow the death

penalty;

Whereas, despite Rwanda’s objections to the exclusion of the

death penalty, the international tribunal was established

in Arusha, Tanzania, and took its first case against a

genocide suspect on January 10, 1997, in which it prosecuted Jean Paul Akayesu, a local government official;

Whereas the Gacaca courts, a community-based system of

participatory justice, were created in Rwanda to address

lower level offenders who remained in custody in Rwandan jails without trial, and to alleviate the burden that

was placed on the judiciary system in Rwanda as a result

of the sheer number of persons accused of participating

in the genocide;

Whereas in March 1998, during his first visit to Africa,

President Clinton stated in Kigali that ‘‘the international

community must bear its share of responsibility for this

tragedy’’, and in a speech at the Kigali airport, President


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H.L.C.

Clinton stated that ‘‘[a]ll over the world there were people like me sitting in offices who did not fully appreciate

the depth and the speed with which you were being engulfed by this unimaginable terror’’; and

Whereas as of January 2004, 23 genocide suspects were on

trial, eighteen senior officials were convicted, twenty suspects were awaiting trial, and six convicted officials were

serving their sentences in Mali: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) remembers the victims of the genocide that

4 occurred in 1994 in Rwanda and pledges to work to

5 ensure that such an atrocity does not take place

6 again;

7 (2) acknowledges that the international commu8 nity, including the United States Government, failed

9 the people of Rwanda and watched with indifference

10 while hundreds of thousands of innocent civilians

11 were being killed;

12 (3) strongly supports assistance to the survivors

13 of the Rwandan genocide;

14 (4) urges political and financial support for the

15 Gacaca courts;

16 (5) acknowledges the heroic work of many indi17 viduals and human rights organizations for their

18 campaign to help stop the genocide of Rwanda;


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H.L.C.

1 (6) expresses deep appreciation to General

2 Romeo Dallaire for his tireless efforts to stop the

3 genocide from occurring and for helping many

4 Rwandese civilians in their time of need;

5 (7) accepts the fact that General Dallaire

6 warned the United Nations on a number of occa7 sions of an impending genocide and was ordered by

8 his superiors not to take action;

9 (8) calls for an investigation of the role played

10 by the United States Government prior to and dur11 ing the Rwandan genocide, noting that the par12 liaments of Belgium and France both created com13 missions of inquiry to investigate the roles played by

14 their respective governments and issued their find15 ings; and

16 (9) strongly urges the creation of a bi-partisan

17 Commission of Inquiry for Rwanda to investigate all

18 aspects of the role played by the United States Gov19 ernment prior to and during the Rwandan genocide,

20 with a strong mandate and subpoena power to ac21 cess relevant documents and witnesses, a definite

22 end date for completion of its work, and sufficient

23 funding to cover necessary expenses.


99824d.AAJ
66

Mr. SMITH. I would like to recognize, first and foremost, the 

Ranking Member and sponsor of this resolution for any opening 

statement that he would like to make. 

Mr. Payne. 

Mr. PAYNE. Thank you very much. Thank you, Mr. Chairman 

and let me express my appreciation for your bringing this resolution to the Floor. I appreciate the fact that we have in the past attempted and failed, but with your affirmative action, are now moving this resolution forward. 

Some people may wonder why we are considering a resolution on 

the Rwanda genocide almost 11 years after that dreadful event in 

which more than one million people were brutally murdered. We 

are doing this today because we have not learned from our past 

mistakes. As I have indicated, we have tried to move this resolution before but were unable. We said: ‘‘Never again,’’ after the Holocaust. And we repeated the same words in 1994. Unfortunately, 

once again, we are witnessing another genocide. This time in 

Darfur, Sudan. The resolution has two key objectives: First, to document what happened prior to, and during, the Rwanda genocide. 

Second, to mobilize support for the creation of a commission of inquiry that will examine the role of the Untied States, so that we 

can learn from our past mistakes. 

The genocide in Rwanda was carried out by evil people. They are 

responsible for what happened in Rwanda. But the international 

community also shares some responsibility, including the Untied 

States Government. The Clinton Administration refused to even 

utter the word ‘‘genocide’’ and failed to respond effectively, which 

played a negative role in the Untied Nations when this was being 

discussed. 

Some people have asked me: ‘‘Why do you want to investigate the 

role of a Democratic Administration, aren’t you a Democrat?’’ And 

I say that this is not about party affiliation, or about loyalty to a 

political party. This is about justice and humanity. And until we 

start to see justice roll down like water in a mighty stream, we are 

going to continue to see nations look the other way when the most 

vulnerable are being exploited, whether they are women being trafficked, children or nations being exploited. Then we share the guilt 

of inaction. 

Other countries, including France and Belgium, set up commissions of inquiry and issued reports of their findings. The United 

Nations did the same. As one of the key players, as the most powerful nation in the world on the international scene, we must do 

the same. 

Mr. Chairman, although this is a non-binding resolution, I do 

agree with you that it is pivotal, that we draft resolutions and legislation to establish the commission of inquiry. With your support 

and the many original co-sponsors, including my friend Mr. Tom 

Tancredo, who has been a leading supporter on the issue of genocide in Darfur, I am sure that we will succeed. 

I want to once again thank you for your determination to have 

this resolution placed on the agenda today. 

Mr. SMITH. Thank you very much, Mr. Payne. 

And I want to thank my good friend and colleague, Mr. Payne, 

for introducing this resolution. There is part of the liturgy in many 

67

houses of worship and churches, in which we ask for forgiveness 

not only for the wrongs we have done but also for the things that 

were left undone. Most of the time, these sins of omission are too 

numerous to mention. But this does not mitigate the fact that we 

have a responsibility for them, and our failure to do what we 

should is of great concern. 

The sad fact of the matter is that the United States did stand 

by while 800,000 Rwandans were killed in a 3-month period in 

1994, victims of an organized campaign of genocide that targeted 

ethnic Tutsis and political moderates. The United Nations Assistance Mission for Rwanda was dramatically scaled back and the 

genocide occurred, and two million Rwandans became refugees and 

another one million were internally displaced. The genocide was a 

horrific stain on humanity even as the international community 

had pledged after the Holocaust: Never again. 

And its effects are still being felt today, as the aftermath played 

a significant part in the destablization of the entire Great Lakes 

region over the past decade. I would just point out that during that 

time, I remember working closely with Mr. Payne. We held a number of hearings, including one that I just brought down to the Subcommittee, in which we pointed out that there were warning signs. 

General Valer was told, or had very good information, and sent 

a famous fax to the then Under Secretary for Peacekeeping, Kofi 

Annan, in which he described this ominous cloud that was forming 

in Rwanda, that it looked like there was massive killings and nothing was done. We held those hearings back then and Mr. Payne 

was very much a part of that, and I think trying to get the record 

to the point where we had everything on the table so that we do 

learn from those mistakes. What was it that Hitler said about the 

Armenian genocide: ‘‘Who remembers the Armenians?’’ Because if 

we do turn the page and don’t have the accounting, mistakes will 

be lived again and again. 

So, I again want to thank my friend for his authorship of this 

legislation. 

[The prepared statement of Mr. Smith follows:]

PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND CHAIRMAN, SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS

H. CON. RES. 88, RWANDA GENOCIDE RESOLUTION

The Subcommittee will now consider House Concurrent Resolution 88, a resolution to remember the victims of the genocide that occurred in 1994 in Rwanda, and 

a pledge to work to ensure that such an atrocity does not take place again. 

I thank my good friend and colleague, and the Subcommittee’s Ranking Member, 

Rep. Donald Payne, for introducing this resolution. There is a part of liturgy in 

many churches in which we ask God for forgiveness, not only for the wrongs we 

have done, but also for the things we have left undone. Most of the time, these sins 

of omission are too numerous to mention. But this does not mitigate the fact that 

we have a responsibility for them, and our failure to do them should cause us great 

concern. 

The sad fact is that the United States stood by while 800,000 Rwandans were 

killed in a three-month period in 1994, victims of an organized campaign of genocide 

that targeted ethnic Tutsis and political moderates. The United Nations Assistance 

Mission for Rwanda was dramatically scaled back as the genocide occurred, and two 

million Rwandans became refugees, and another one million were internally displaced. The genocide was a horrific stain on humanity, even as the international 

community had pledged after the Nazi holocaust, ‘‘Never Again.’’ And its effects are 

68

still being felt today, as the aftermath played a significant part in the destabilization of the entire Great Lakes region over the last decade. 

Even as our government, the American people, and the watching world have for 

a second time pledged to ‘‘Never Again’’ permit genocide, we would do well to examine more closely why our failure to act occurred. Why did the United States, even 

as it speaks loudly and often about its commitment for the protection and promotion 

of human rights and its respect for human life, fail to act to stop the killing? The 

answer that we were reluctant to engage in a difficult situation after leaving Somalia is not sufficient. This was not simply a foreign policy failure—it was genocide. 

I believe a commission is needed to look into the facts of the matter more closely 

and ensure that we do not stand by and watch a genocide occur again. Like the 9/11 

Commission, which was originally opposed by many of my colleagues but which all 

believed served to enhance our understanding of the facts of the terrorist attacks, 

a commission to investigate why the United States did not act in Rwanda will help 

us prevent such atrocities in the future. 

I pledge to work with my colleagues to address their concerns and move this important legislation forward.

Mr. SMITH. Would anyone else on the Subcommittee like to be 

heard? 

Yes, Ms. Lee. 

Ms. LEE. Thank you very much, Mr. Chairman. 

Let me just thank you and Mr. Payne for your bipartisan leadership on all of these issues which really affect humankind; affect the 

fact that oftentimes we don’t really come to grips with what is 

going on in sub-Saharan Africa. I think Rwanda was a clear example of us just turning our head to the massive genocide that was 

taking place. 

This resolution and this commission is long overdue. I had the 

privilege to visit the Sudan recently with Congressman Royce and 

Congresswomen Watson and McCollum. Let me tell you what I saw 

in Chad and the Sudan, and in the refugee camps. First, it was 

mind boggling; second, it was a clear warning to me that another 

Rwanda was taking place. So we have got to not only compensate 

really for our lack of stopping this, the genocide that happened in 

Rwanda, but also be part of a quick solution to what is taking place 

in Darfur. 

I want to commend you again, Mr. Payne, for your leadership 

and you, Mr. Chairman, for making sure that on these very critical 

humanitarian issues; the issues that relate to life and death, to 

children, to those who oftentimes are just faceless, they are voiceless, they are ignored by the world, you both have assured that this 

House of Representatives is on the right side of history, finally. 

Thank you very much. 

Mr. SMITH. Ms. Lee, thank you very much for your kind comments. 

Mr. TANCREDO. Mr. Chairman, first of all, I was not in the Congress of the United States in 1992, of course. But I am here today 

and I can do only what I can do when any of us are charged with 

responsibility to address these issues as forthrightly as possible 

and, as you said, to ask for forgiveness, in a way, for a lack of response on the part of the world to what was happening in Rwanda 

in 1993. 

This morning, I had the opportunity to view some slides and listen to an individual, a retired Marine, who had been part of the 

African Union Mission over in Darfur. And the horrific scenes that 

he brought back with him, pictorially and in his description of 

them, were unnerving and they were challenging to anyone in the 

69

room in terms of what we were going to do about it. You cannot 

observe this; you cannot hear about it; you cannot see it without 

trying your best to think about how you, individually, can participate in some sort of solution, even if it is a very, very small participation. 

So I am certainly pleased that my colleague has drawn this resolution. This is one way of saying that not only do we have to look 

into what happened then, but it is a way of reminding us all about 

what is happening today. Forcing us to come to grips with, and 

deal with, issues that are very difficult to actually get your mind 

around: The fact that there is the degree of inhumanity that is exhibited throughout the world in many places. And, of course, I am 

most familiar with what has been happening in this case, in 

Darfur. 

So I just want to thank my colleague for introducing the resolution, and I want to thank the Chairman for putting it here. 

Mr. SMITH. Would any other Member like to be heard on the resolution? 

[No response.] 

Mr. SMITH. If not, are there any amendments to the resolution, 

H. Con. Res. 88? 

Mr. TANCREDO. Mr. Chairman, I have an amendment. 

Mr. SMITH. The clerk will report the amendment and designate 

it. 

Ms. HALLOCK. The amendment is offered to H. Con. Res. 88. 

[The amendment referred to follows:]

70

1

H.L.C.

AMENDMENT TO H. CON. RES. 88

OFFERED BY MR. TANCREDO

After the 22nd clause of the preamble, insert the following:

Whereas hundreds of Rwandans, most of them Tutsi or

Hutu threatened by Hutu Power supporters, took

shelter at the Mille Collines, a luxury hotel in central

Kigali owned by Sabena Airlines that was under the

temporary management of Paul Rusesabagina;

Whereas Rusesabagina worked through diverse middlemen to keep the hotel cellars well stocked, and bribed

military command officials with beer to keep them

from killing the refugees under his roof;

Whereas Rusesabagina set out to defy the killers by appealing to their passion for power, acknowledging

that they could choose not only to take life away but

also to extend the gift of retaining it, and used his

negotiating skills to persuade them to spare the lives

of many;

Whereas none of the people who took shelter at the Mille

Collines hotel was killed, beaten, or taken away during the genocide because of Rusesabagina’s courage,

bravery, cleverness, and willingness to negotiate to

save everybody he could;

Page 8, after line 15, insert the following (and redesignate subsequent paragraphs accordingly):


99824e.AAB
71

2

H.L.C.

1 (5) commends Paul Rusesabagina for his cour2 age and bravery exhibited through his efforts to save

3 scores of Tutsis and moderate Hutus in the Mille

4 Collines hotel, as Oskar Schindler saved scores of

5 European Jews during the Holocaust;


99824e.AAC
72

Mr. SMITH. That objection to the amendment will be considered 

as read and the gentleman from Colorado is recognized to speak in 

favor. 

Mr. TANCREDO. Thank you, Mr. Chairman. I had originally developed this amendment as a stand-alone resolution, but became 

aware of the fact that my colleague was doing this with his. And 

he has been gracious enough to agree to allow us to amend at least 

a portion of it onto his resolution. 

My resolution deals with the fact that the United States and, of 

course, the world stood by while this atrocity was happening, but 

one person didn’t, one man. There are others perhaps, but we know 

Paul Rusesabagina was willing to stop and do what he could do. 

As we said earlier, we all look for what we can do, and wonder 

whether any of us would have had that courage, when you hear 

stories like Mr. Rusesabagina’s and see the movie, Hotel Rwanda. Do we not, when we see things like this, always think to ourselves: 

What would I do under those circumstances? Would I have the 

courage to do what these people have done: To provide shelter, to 

hide and protect thousands of people from the savage brutality outside the hotel that he was running? He did save many, many lives, 

and he did so at the risk of his own life. For that, at least, I think 

we owe him some recognition, which is the purpose of my resolution. 

Mr. Payne? 

Mr. PAYNE. Let me thank the gentleman for a very timely resolution. I had the opportunity to meet Mr. Rusesabagina, the innkeeper, and Don Cheadle. He came to have lunch with us here on 

Capitol Hill before the showing of Hotel Rwanda, maybe 4 or 5 

months ago. Chairman Royce, the Chairman of the Subcommittee 

at that time, and several of us met in the Rayburn Building and 

he talked about his interest in Darfur, primarily because of what 

he learned about Rwanda. 

Later that evening, at the Holocaust Museum, there was a showing of Hotel Rwanda. This was, I would say, 4, 5, or 6 months before all the acclaim came out and Mr. Rusesabagina was there with 

the person who played his part. We had a discussion about what 

went on at the time and so forth. It really brought back some sad 

memories. I traveled to Rwanda during this period. I was there 

about a week after the two million people went to Lake Gorma. 

At that time, the dysentery and the cholera had embraced the 

lake and they had to cleanse the whole lake because people were 

drinking the water and getting ill. We saw millions and millions 

of people just on this hillside. I went back to Rwanda when they 

found a way to get out, when Mr. Kabila started an insurgence, 

and a group called the Bangalanga people, who live on the border—

they are ethnic Tutsis who have lived in the Congo for centuries, 

and were going to be expelled by then President Mobutu—were told 

that they just have to leave the Congo even though they had been 

there, as I mentioned, for generations. That is what started the 

conflict that led Kabila to ouster Mobutu. Then the dictator of 

Darfur, for decades, had robbed the country and was very brutal 

to the people. 

I was there at the time that the Rwandans came back to Rwanda. I saw them walking back into the country. I have actually 

73

stayed at the DesMilles Coilines, the hotal in the movie, Hotel 

Rwanda, maybe half a dozen times. Ted Dagne, who was in the audience from the Congressional Research Service, was on each of 

those trips with us. So when I saw Hotel Rwanda, it just brought 

back a lot of the memories of the hearings that then Chairman Lee 

Hamilton and the Africa Subcommittee Chairman at the time, 

Harry L. Johnston, held on Rwanda. We had representatives from 

the U.S. Government there who would never mention the word 

‘‘genocide.’’ Bad things were going on but we didn’t know what to 

call it, what it was. 

So I strongly support Mr. Tancredo’s amendment and I would 

like once again to commend him for his deep interest. 

We had a struggle to get the Senate to go along with our genocide resolution, you remember, and also the legislation that we finally passed near the end of the session, which was also a bipartisan effort by working closely together with Congressman Wolf, 

Congressman Smith, the Chairman of the Black Hawks at the 

time, Mr. Cummings, Ambassador Watson, Ms. Lee, and the others. 

So I certainly support and urge the adoption of the amendment 

and the legislation. 

[The prepared statement of Mr. Payne follows:]

PREPARED STATEMENT OF THE HONORABLE DONALD M. PAYNE, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF NEW JERSEY

Mr. Chairman, let me express my appreciation to you for setting up this mark 

up on the Rwanda resolution and the Trafficking in Person legislation, which I cosponsored with you. Some of you may wonder why we are considering a resolution 

on the Rwandan genocide almost 11 years after that dreadful event in which more 

than one million people were brutally murdered. 

We are doing this today because we have not learned from our past mistakes. We 

said NEVER AGAIN after the holocaust and we repeated the same words in 1994. 

Unfortunately, once again, we are witnessing another genocide. This time in Darfur, 

Sudan. 

This resolution has two key objectives: First, to document what happened prior 

and during the Rwandan genocide. Second, to mobilize support for the creation of 

a Commission of Inquiry that will examine the role of the United States so that we 

can learn from our past mistakes. 

The genocide in Rwanda was carried out by evil people. They are responsible for 

what happened in Rwanda. But the international community also shares some responsibility, including the United States government. The Clinton Administration 

refused to even utter the word Genocide, failed to respond effectively, and played 

a negative role in the United Nations. 

Some people have said to me why do you want to investigate the role of a Democratic Administration? Aren’t you a Democrat? To this, I say this is not about party 

affiliation or loyalty to a political party. This is about justice and humanity. 

Other countries, including France and Belgium, did set up a Commission of Inquiry and issued reports of their findings. The United Nations did the same. We, 

as one of the key players in the international scene, must do the same. 

Mr. Chairman, although this is a non-binding resolution, I do agree with you that 

it is pivotal that we draft legislation to establish the Commission of Inquiry. With 

your support and the many original co-sponsors, including my friend Tom Tancredo, 

I am sure we will succeed

Mr. SMITH. Ms. Watson. 

Ms. WATSON. I want to thank the Chairman and I want to thank 

the author of the resolution. 

I, too, traveled with Don Cheadle and Paul Rusesabagina. I was 

just amazed by Paul the whole time we were traveling because he 

had such an accommodating personality and seemed so well balVerDate Mar 21 2002 11:08 Apr 19, 2005 Jkt 000000 PO 00000 Frm 00077 Fmt 6633 Sfmt 6601 F:\WORK\AFRICA\031005M\99824.000 HINTREL1 PsN: SHIRL
74

anced. I couldn’t understand, with what he has seen and what he 

has gone through, how he could maintain that composure. I asked 

him how he managed that balance, and he said: ‘‘I live in Brussels 

now and I am away from it on a daily basis. But I have purchased 

a trucking company so that I can use my trucks to get supplies to 

the borderline where the refugees were.’’

So he is still working within Rwanda and in the neighboring 

countries. I found it quite interesting, I am sure that Representative Lee would agree with me, that when we went up to Algeria 

and met with the President for 3 hours, he denied that there was 

ethnic cleansing or genocide going on in Rwanda. What he said is 

that it was a struggle between the herders and the farmers because 

they are nomadic. 

Well, I will never forget the face of one of the few men that was 

left right there at the border. They had closed the border, and he 

went to the part of it that was open. He was standing there circling 

his face and, of course, they wear the white robes and usually their 

heads are wrapped. He was saying: ‘‘They are killing people who 

look like me.’’ Then we saw the pictures that the children had 

drawn of planes coming over dropping bombs, and their villages 

burning, and machetes hacking away. 

We didn’t take the President on, but we knew that the neighboring countries would say: ‘‘You know, we don’t want to get into 

that.’’ But we did ask the President if he would go to the President 

of Rwanda and try to broker some kind of peace. So I was just 

thinking that maybe we want to send some kind of an award, not 

only the resolution, but maybe bring Paul here and give him some 

kind of an award. I just want to throw that out as a thought. 

Thank you very much, Mr. Chairman. 

Mr. SMITH. Mr. Wolf was trying to see if we could get even a 

showing of the film with the principals. It may take some time to 

try to get them all together, but I think that would be something 

that we could show to the general staffers and people. I think it 

would certainly be something that we should strive toward. 

Ms. Watson. 

Ms. WATSON. Yes, I will be very brief, but I want to thank Mr. 

Tancredo for this amendment. As I said earlier, I had the privilege 

to be with Paul Rusesabagina in Chad and the Sudan, and just 

marveled at his courage and his willingness to put his life on the 

line. Oftentimes we hear: ‘‘What can one person do, what can an 

individual do?’’ Well, I think Paul is exemplary of what one person 

can do. 

Paul was here very recently and actually visited my district and 

several cities around the country. I think it would be a very good 

idea to invite him back because the response all over the country 

was overwhelming. In fact, I think he watched the film at the 

White House with President Bush. And I think that he is helping 

to wake up America to what this genocide is about. 

Mr. Chairman, I would just ask you if there is any way to add 

a perfecting amendment to this because his wife, I believe her 

name is Tatiana, was such an important part of this whole effort. 

She visited the United States with Paul, and if I could ask for 

unanimous consent to offer a perfecting amendment to add 

Tatiana’s name to this resolution. 

75

Mr. SMITH. If that is okay with the parliamentarian. 

Ms. WATSON. Is that okay? 

Mr. SMITH. If there is no objection. 

Ms. WATSON. And I will get the spelling of her name. Thank you 

very much. 

Mr. SMITH. Okay. Without objection, the amendment is agreed 

to; and the question now occurs on the amendment—would anyone 

else like to be heard before I move to—we do have a vote, yes. 

Ms. MCCOLLUM. We have a vote, but I have some wonderful high 

school students with me and we are a nation of immigrants but we 

are also a nation of refugees. St. Paul is opening itself up to its students, its heart and its hands—as well as many cities in Wisconsin 

right now—to refugees coming from Rwanda, and this is the Committee, ladies, that makes that possible. 

I am sorry. Being a high school teacher in social studies, as I am, 

I just wanted them to know that we have some future leaders who 

came here as refugees and as immigrants right here with me. 

Thank you, Mr. Chairman. 

Mr. SMITH. Thank you. Just because of time, we will have to 

move on, but I am glad that you took the time to welcome your students. 

The question now occurs on the amendment. All those in favor, 

say aye. 

[Chorus of ayes.] 

Mr. SMITH. Those opposed, no. 

[No response.] 

Mr. SMITH. The ayes have it and the amendment is agreed to. 

The question occurs in the motion to report the resolution, H. 

Con. Res. 88, favorably as amended. All those in favor say aye. 

[Chorus of ayes.] 

Mr. SMITH. Those opposed, no. 

[No response.] 

Mr. SMITH. The ayes have it. The motion is approved and the 

resolution is reported favorably without objections. The resolution 

will be reported favorably to the Full Committee in the form of a 

single amendment in the nature of a substitute, incorporating the 

amendments adopted here today. 

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

conforming amendments. The markup is adjourned, and I thank all 

the Members of the Committee for being here. 

[Whereupon, at 1:39 p.m. the Subcommittee was adjourned.]

Æ