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56–199PDF 2010

CONFLICT MINERALS TRADE ACT; INTERNATIONAL MEGAN’S

LAW OF 2010; EXTENDING IMMUNITIES TO THE OFFICE OF

THE HIGH REPRESENTATIVE AND THE INTERNATIONAL CIVILIAN OFFICE IN KOSOVO ACT OF 2010; LORD’S RESISTANCE

ARMY DISARMAMENT AND NORTHERN UGANDA RECOVERY

ACT OF 2009; AND GLOBAL SCIENCE PROGRAM FOR SECURITY, COMPETITIVENESS, AND DIPLOMACY ACT OF 2010

MARKUP

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

ON

H.R. 4128, H.R. 5138, H.R. 5139, S. 1067

and H.R. 4801

APRIL 28, 2010

Serial No. 111–92

Printed for the use of the Committee on Foreign Affairs

(

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

(II)

COMMITTEE ON FOREIGN AFFAIRS 

HOWARD L. BERMAN, California, Chairman 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

BRAD SHERMAN, California 

ELIOT L. ENGEL, New York 

BILL DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

DIANE E. WATSON, California 

RUSS CARNAHAN, Missouri 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

MICHAEL E. MCMAHON, New York 

JOHN S. TANNER, Tennessee 

GENE GREEN, Texas 

LYNN WOOLSEY, California 

SHEILA JACKSON LEE, Texas 

BARBARA LEE, California 

SHELLEY BERKLEY, Nevada 

JOSEPH CROWLEY, New York 

MIKE ROSS, Arkansas 

BRAD MILLER, North Carolina 

DAVID SCOTT, Georgia 

JIM COSTA, California 

KEITH ELLISON, Minnesota 

GABRIELLE GIFFORDS, Arizona 

RON KLEIN, Florida 

VACANT 

ILEANA ROS-LEHTINEN, Florida 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

DANA ROHRABACHER, California 

DONALD A. MANZULLO, Illinois 

EDWARD R. ROYCE, California 

RON PAUL, Texas 

JEFF FLAKE, Arizona 

MIKE PENCE, Indiana 

JOE WILSON, South Carolina 

JOHN BOOZMAN, Arkansas 

J. GRESHAM BARRETT, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

BOB INGLIS, South Carolina 

GUS BILIRAKIS, Florida 

RICHARD J. KESSLER, Staff Director 

YLEEM POBLETE, Republican Staff Director 

SHANNA WINTERS, General Counsel and Senior Policy Advisor 

LAURA RUSH, Professional Staff Member/Security Officer 

GENELL BROWN, Senior Staff Associate/Hearing Coordinator 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 4128, To improve transparency and reduce trade in conflict minerals, 

and for other purposes ......................................................................................... 2

Amendment in the Nature of a Substitute to H.R. 4128 .................................. 108

H.R. 5138, To protect children from sexual exploitation by mandating reporting requirements for convicted sex traffickers and other registered sex 

offenders against minors intending to engage in international travel, providing advance notice of intended travel by high interest registered sex 

offenders outside the United States to the government of the country of 

destination, requesting foreign governments to notify the United States 

when a known child sex offender is seeking to enter the United States, 

and for other purposes ......................................................................................... 31

H.R. 5139, To provide for the International Organizations Immunities Act 

to be extended to the Office of the High Representative in Bosnia and 

Herzegovina and the International Civilian Office in Kosovo .......................... 90

S. 1067, To support stabilization and lasting peace in northern Uganda and 

areas affected by the Lord’s Resistance Army through development of a 

regional strategy to support multilateral efforts to successfully protect civilians and eliminate the threat posed by the Lord’s Resistance Army and 

to authorize funds for humanitarian relief and reconstruction, reconciliation, and transitional justice, and for other purposes ..................................... 92

H.R. 4801, To establish the Global Science Program for Security, Competitiveness, and Diplomacy, and for other purposes .................................................... 150

Amendment in the Nature of a Substitute to H.R. 4801 offered by the 

Honorable Howard L. Berman ........................................................................ 170

APPENDIX 

Hearing notice .......................................................................................................... 196

Hearing minutes ...................................................................................................... 197

The Honorable Howard L. Berman, a Representative in Congress from the 

State of California, and Chairman, Committee on Foreign Affairs: Prepared 

statement .............................................................................................................. 200

The Honorable Eni F.H. Faleomavaega, a Representative in Congress from 

American Samoa: Prepared statement ............................................................... 202

The Honorable Russ Carnahan, a Representative in Congress from the State 

of Missouri: Prepared statements ....................................................................... 206

The Honorable Sheila Jackson Lee, a Representative in Congress from the 

State of Texas: Prepared statement ................................................................... 208

(1)

CONFLICT MINERALS TRADE ACT; INTERNATIONAL MEGAN’S 

LAW OF 2010; EXTENDING IMMUNITIES TO THE OFFICE OF 

THE HIGH REPRESENTATIVE AND THE INTERNATIONAL 

CIVILIAN OFFICE IN KOSOVO ACT OF 2010; LORD’S RESISTANCE ARMY DISARMAMENT AND NORTHERN UGANDA RECOVERY ACT OF 2009; AND GLOBAL SCIENCE PROGRAM 

FOR SECURITY, COMPETITIVENESS, AND DIPLOMACY ACT 

OF 2010

WEDNESDAY, APRIL 28, 2010

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC. 

The committee met, pursuant to notice, at 10:22 a.m. in room 

2172, Rayburn House Office Building, Hon. Howard L. Berman 

(chairman of the committee) presiding. 

Chairman BERMAN. The committee shall come to order. I think 

a quorum is present. Today we have five bills listed on the agenda. 

I understand that the committee has a consensus on four of the 

bills, and the Minority has requested we move en bloc. 

The fifth bill, H.R. 4801, has pending amendments. I will just 

call up the four bills all at once and then call up H.R. 4801 separately. 

Pursuant to notice, I ask unanimous consent to call up en bloc 

H.R. 4128, the Conflict Minerals Trade Act; H.R. 5138, the International Megan’s Law of 2010; H.R. 5139, Extending Immunities to 

the Office of the High Representative and the International Civilian Office in Kosovo Act of 2010; and S. 1067, the Lord’s Resistance 

Army Disarmament and Northern Uganda Recovery Act of 2009. 

[The information referred to follows:]

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Chairman BERMAN. Without objection, H.R. 5138, H.R. 5139 and 

S. 1067 are considered as read. Without objection, the amendment 

in the nature of a substitute for H.R. 4128—that is the Conflict 

Minerals Trade Act—before the members will be considered as base 

text for purposes of amendment, and that will be considered as 

read and will be open for amendment at any point. A summary of 

the amendment in the nature of a substitute is on each member’s 

desk. 

[The amendment of H.R. 4128 follows:]

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Chairman BERMAN. Without objection, I may recess the committee from time to time. I now recognize myself for as much time 

as I may consume to make an opening statement. 

For more than a decade, we have been hearing about the tragic 

situation in the Democratic Republic of the Congo: Mass killings of 

civilians. Rape used as a weapon of war. Child soldiers forced to 

the front lines. 

H.R. 4128, the Conflict Minerals Act, is one important step toward ending a conflict in Congo that by some estimates has killed 

more than 5 million people. 

The bill establishes a mechanism to track minerals mined in the 

DRC that end up in products like cell phones and laptops, and will 

help us cut off financing to some of the planet’s most brutal armed 

groups. I am now supposed to hold up Marissa’s cell phone and say 

in this cell phone is tin and coltan, both conflict minerals coming 

from the Congo. 

In many respects, this legislation builds on the work already 

begun by some American companies. H.R. 4128 will make those efforts more effective by creating a level playing field for all companies that do business in the United States. 

The American people don’t want to put money in the hands of 

brutal thugs in the DRC, and neither do American companies. For 

less than 1 cent per cell phone, this bill will allow American consumers to make responsible choices, and help put the warlords out 

of business. I thank the author of the bill, Mr. McDermott, and my 

colleague Don Payne, chairman of the Africa Subcommittee, for all 

their hard work on these issues, and I encourage my colleagues to 

support the bill. 

I would like to also commend Chris Smith for his hard work on 

H.R. 5138, the International Megan’s Law of 2010, and I mean 

hard work. Many child sex offenders are traveling internationally 

or reside abroad because the laws against sex acts with minors are 

weaker or rarely enforced in particular countries. 

International Megan’s Law would establish a system for providing advance notice to foreign countries when a convicted child 

sex offender travels to that country and imposes a registration requirement for child sex offenders from the United States who reside abroad. 

Worldwide, over 2 million children are sexually exploited each 

year through trafficking, prostitution and child-sex tourism. We all 

know the devastating emotional, physical and psychological effects 

on these child victims. We need to do all we can to prevent these 

predators from circumventing U.S. laws to prey on children in foreign countries. I encourage my colleagues to support this bill. 


56199e-31.eps
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H.R. 5139, Extending Immunities to the Office of the High Representative and the International Civilian Office in Kosovo Act of 

2010, is a technical fix to ensure legal protection for employees of 

both the Office of the High Representative (OHR) in Bosnia and 

Herzegovina, and the International Civilian Office (ICO) in Kosovo. 

The bill, which adds the OHR and the ICO to the International 

Organization Immunities Act, will ensure that Americans serving 

in these important Balkans-based organizations will be protected 

from politically motivated litigation in the United States arising 

from their official duties and only their official duties. 

The United States must protect its diplomats who serve in international organizations, often at great personal risk and sacrifice, 

from financially and personally ruinous litigation while also preserving its ability to use informal institutions in the conduct of foreign policy. Finally, we have S. 1067, the Lord’s Resistance Army 

Disarmament and Northern Uganda Recovery Act of 2009. I would 

like to thank the gentleman from Massachusetts, Mr. McGovern, 

for his work on the House version of this bill. 

This legislation affirms the policy of the United States to work 

with regional governments toward a comprehensive and lasting 

resolution to the conflict in northern Uganda. 

It further requires a strategy to support the disarmament of the 

Lord’s Resistance Army, and support for humanitarian efforts and 

recovery and reconstruction in areas of the Democratic Republic of 

Congo, Southern Sudan and the Central African Republic affected 

by Lord’s Resistance Army activity. 

And it calls on the President to support efforts by the people of 

northern Uganda and the Government of Uganda to promote transitional justice and reconciliation on both local and national levels. 

It should be noted that this bill does not include any earmarks. 

I now yield back my time, and I turn to the ranking Republican 

member, Ileana Ros-Lehtinen, for her opening statement. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. It is a 

pleasure to work with you and for our staff to work together in a 

bipartisan manner in a very open process to bring these bills to our 

committee again, so I thank you, Mr. Chairman, and I thank your 

most excellent staff. 

I support the en bloc consideration of the legislative items before 

us. Let me begin by applauding the years of work by our colleague, 

Congressman Chris Smith of New Jersey, in making the International Megan’s Law a reality. Chris is a tenacious fighter for and 

a defender of the most vulnerable of our population, and I am so 

very proud of the work that he has done. It has taken a long time, 

and this is a happy day. 

I was proud to be an original co-sponsor of its predecessor, H.R. 

1623, and also of this new text, which was the result of months of 

bipartisan negotiation that Mr. Smith had with the Judiciary Committee, with input from relevant Executive Branch agencies. 

The International Megan’s Law is an important and long overdue 

instrument to help protect children from dangerous sexual offenders who use the anonymity afforded by international travel to hide 

their dangerous and dehumanizing exploitation. By requiring convicted sexual offenders to report upcoming international travel and 

creating a nexus for communication between local, national and 

140

international authorities, the International Megan’s Law will help 

curb international sex tourism by convicted predators. So thank 

you, Mr. Smith, for your work on this bill. 

I am also proud, Mr. Chairman, to be adding my name as a cosponsor of the revised text of H.R. 4128, the Conflict Minerals 

Trade Act, which is being considered today. This important human 

rights legislation will help disrupt the illegal mineral trade that 

funds and fuels the bloody conflict in the Democratic Republic of 

the Congo. 

There are other measures being considered en bloc that, while 

not perfect, advance issues of great importance to our members and 

our Nation. I remain committed to seeing Senate bill S. 1067 enacted into law as quickly as possible to help end the Lord’s Resistance Army’s 23-year legacy of death and despondency in northern 

Uganda and the surrounding region. 

While I regret that the Senate failed to consider the earmark 

moratorium adopted by House Republicans despite repeated attempts to highlight this issue, I appreciate the cooperative efforts 

to make clear that the bill before us today does not contain an earmark in order to help facilitate the progress of this important 

human rights measure as well. 

Another bill, H.R. 5139, considered en bloc will allow the President to extend International Organizations Immunity Act protection to the Office of High Representative, the High Representative 

in Bosnia and the International Civilian Office in Kosovo. American personnel who work for those offices deserve the same protection against politically motivated nuisance lawsuits that are enjoyed by more than 80 other international organizations covered by 

the Act. 

While we support the agreed upon text, Mr. Chairman, I would 

like to underscore our concerns about the State Department’s rush 

to secure the authorities in this bill while failing to respond in a 

timely manner to inquiries made on specific provisions, background 

and the need for this legislation. The Department needs to be 

placed on notice that the Congress, and specifically this committee, 

will not continue to come to the Department’s rescue at the last 

minute, when approached by the Department with a request for a 

fix on a particular issue or authority. 

This committee expects the Department to come into compliance 

with its statutory obligations under a number of U.S. laws, including the Iran, North Korea and Syria Nonproliferation Act 

(INKSNA) before any further requests such as H.R. 5139 are made 

of this committee. So please come forward with the repeated request that we have made for information about INKSNA before 

coming up for further requests. 

With that, Mr. Chairman, I thank you for the time and look forward to the continued markup. 

Chairman BERMAN. The gentlelady yields back the balance of her 

time, and before I recognize the gentleman from New Jersey, I just 

will yield to myself to express the same concern expressed by the 

ranking member regarding the difficulty of getting the State Department to respond. 

The need for this legislation is coming not from the State Department, but from the people who work in those organizations. They 

141

have a clear and compelling case, and the State Department was 

very slow to respond on a variety of the legal issues. In fact, it 

wasn’t until very recently that we got the responses we had been 

trying to get for a long time. 

At this point I am pleased to recognize the chairman of the Africa Subcommittee, the gentleman from New Jersey, Mr. Payne, who 

has spent a great deal of time on at least two of these measures 

that are before us in this en bloc motion. 

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

member. Let me begin by offering an amendment in the nature of 

a substitute to H.R. 4128. 

Chairman BERMAN. Would the gentleman yield? 

Mr. PAYNE. Yes. 

Chairman BERMAN. We have already put that in as the base text 

for this. 

Mr. PAYNE. Oh, great. 

Chairman BERMAN. So it is the bill with that amendment in the 

nature of a substitute that is now before us. 

Mr. PAYNE. Thank you very much. Thanks for that clarification. 

I certainly would like, as I mentioned, to thank the chairman 

and the ranking member and the full committee staff on both sides 

of the aisle for working with me and my staff on this measure, the 

conflict minerals bill. I would also especially like to thank Mr. 

McDermott from the Ways and Means Committee for a strong interest and in the work of his staff as we work together on this bill. 

The Democratic Republic of Congo, the DRC, has been in political 

turmoil for decades. In the early 1900s, the region was King 

Leopold’s playground. In the 1960s, a nationalist movement led by 

Patrice Lumumba won Parliamentary elections in the Congo. 

Lumumba was considered a threat as a new leader in Africa and 

was later assassinated by Belgium troops, at that time supported 

by the United States Government. 

In May 1997, the Alliance of the Democratic Forces for the Liberation of Congo Zaire, the AFDL, with the support of Rwanda and 

Uganda, marched into Kinshasa and ousted long-time dictator 

Mobutu Sese Seko. By August 1998, conflict erupted between 

Kabila and the Congolese forces supported by Rwanda. Angola, Namibia and Zimbabwe joined the fighting in support of Kabila. The 

Second Congolese War, often referred to as the African World War, 

contributed to displacement of many civilians, the destruction of 

towns and the death of millions. 

Much progress has been made over the past several years in 

moving the DRC from political instability and civil war to relative 

stability and democratic rule. However, Eastern Congo remains 

marred by civil strife, and conflict minerals have been the source 

of much of the devastating violence in the region. 

Although the government in Kinshasa has attempted to control 

the region, there is, for example, no direct road from the capital of 

Kinshasa to the eastern region of the country, therefore creating 

very, very difficult transportation problems and therefore making 

governance much more difficult. 

The Conflict Minerals Trade Act promotes peace and security in 

the eastern region of the Democratic Republic of Congo by requiring the following: One, that the State Department create a map of 

142

the DRC showing mines and areas that are under the control of 

militant groups involved in human rights violations; 

That the Department of Commerce publishes a potential conflict 

goods list, products that may contain conflict minerals, and a list 

of international auditors who are approved to do audits of processing facilities to determine if conflict materials have been processed there in that area; 

Three, that products containing conflict material from facilities 

that have not been audited may not be imported into the United 

States of America; and, four, the U.S. and other partner nations 

help build capacity of the Congolese Government. 

The bill, while it will not change the situation in the DRC overnight, is a strong effort to build transparency in the mining sector. 

Our aim is to help bring about an end to the suffering of the people 

of Eastern Congo. As has been mentioned, I am offering this 

amendment in the nature of a substitute today to deal with some 

of the finer details of the bill. 

Let me just say that I have been to the Eastern Congo on at 

least five occasions, have during the conflict time met with some 

of the warlords when they were head of militias, Bimba and 

Robetta. We have seen much progress made from those days to the 

present. However, there are still problems. 

We have this bill, which follows a similar bill that I urged and 

pushed and we introduced years ago on conflict diamonds where 

the Kimberley Process now processes diamonds, and if they are not 

certified then those diamonds may not be sold on the marketplace 

and so we are expecting this particular bill to have the same result 

as it relates to tin and coltan and other valuable minerals that go 

into the processing. 

And so I would like to once again appreciate the support of 

Chairman Berman and Ranking Member Ros-Lehtinen. They contributed to the provisions in the bill. We worked closely with them, 

and the bill will ensure that we provide a framework to assist the 

Government of the DRC. 

On a number of occasions I have discussed this with President 

Kabila, my five or six meetings with him during the past 7 or 8 

years, and we hope that this will help him in trying to bring under 

control that eastern region of this country. So I urge the members 

to support this amendment, H.R. 4128, and look forward to moving 

this bill to the Floor. 

Secondly, I would just like to briefly urge members to support S. 

1067, the Lord’s Resistance Army’s Disarmament in Northern 

Uganda Recovery Act of 2009. This bill seeks to bring an end to 

the more than 20 years of terror propagated by the Lord’s Resistance Army, known as the LRA, in northern Uganda. 

The bill calls for an interagency strategy to stop the LRA’s reign 

of terror which has spread to neighboring DRC, South Sudan and 

the Central African Republic and to provide critical support to the 

innocent people, particularly the children whose lives have been 

devastated by Joseph Kony and those who support him. 

Mr. Chairman, as you know, I had reservations about one section 

of the bill which says we should restrict assistance to the Government of Uganda if certain steps are not taken. I would like to say 

for the record the Government of Uganda has made significant efVerDate 0ct 09 2002 18:27 Jun 21, 2010 Jkt 000000 PO 00000 Frm 00146 Fmt 6633 Sfmt 6633 F:\WORK\FULL\042810M\56199 HFA PsN: SHIRL
143

forts to address the havoc wrecked by the LRA, and they have done 

a tremendous amount in trying to bring this under control. 

But in the interest of moving the bill forward I agree to go ahead 

with the Senate version, but I would like to thank the chairman 

and Representative McGovern for working with me on alternative 

language to the House bill. I do support the Senate bill. 

However, as I have mentioned, to hold punitive measures against 

a government who is trying to also deal with this situation. They 

have even, as you may recall, had the U.N. agree to have amnesty 

for Kony, which many of us thought was a horrible thing to do for 

such a terrible criminal. 

However, if it would end the problem we went along with it, but 

Kony refused to go along with that and the ICC still has the indictment out for him. So I would be reluctant to penalize the Government of Uganda because of Kony, and that is what it says in the 

bill, but hopefully we can work on that to have that provision altered. 

Finally, I just want to commend my colleague from New Jersey, 

Mr. Smith, and strongly urge the support of H.R. 5138, the International Megan’s Law of 2010, which protects children from sexual 

exploitation by establishing an advance reporting requirement for 

registered sex offenders traveling internationally and provides a 

mechanism for notification and destination countries for traveling 

sex offenders who pose a risk to children. I certainly commend Congressman Smith for his leadership on the bill and Mr. Berman and 

Ms. Ros-Lehtinen for moving this forward. 

As you know, Megan’s Law, which was first passed in our home 

state of New Jersey in 1994 and later adopted by Congress in 1996, 

protects children from sex exploitation through community notification by identifying the whereabouts of sex offenders. International 

Megan’s Law will protect children by preventing in some circumstances and monitoring in other cases, sex offenders who pose 

a risk of committing a sex offense against a minor while traveling 

abroad. 

The United States has a moral obligation to strengthen international cooperation against sexual exploitation of a minor and 

must lead the global community in an effort to save potential children, child victims, by notifying other countries of U.S. sex offenders who pose a high risk of exploiting children. I strongly urge my 

colleagues to support this legislation. It will protect all children, 

both nationally and internationally, from sex offenders and sexual 

exploitation. 

With that, Mr. Chairman, thank you for the time. I yield back. 

Chairman BERMAN. The gentleman yields back, and now to the 

other gentleman from New Jersey, Mr. Smith, for 5 minutes. 

Mr. SMITH. Mr. Chairman, I move to strike the last word, and 

I want to thank you——

Chairman BERMAN. The gentleman is recognized for 5 minutes. 

Mr. SMITH [continuing]. For bringing before this committee all of 

these bills, but in particular the International Megan’s Law, H.R. 

5138, which as you and others have pointed out, establishes a 

model framework for intergovernmental notifications when a dangerous child sex offender travels internationally. 

144

International Megan’s Law works synergistically with our efforts 

to combat human trafficking, in this case by providing information 

about high risk sex offenders, child sex offenders. These are people 

who have been convicted, who unfortunately, today, we have every 

reason to believe as the evidence is overwhelming, travel abroad in 

order to exploit children. This legislation will work in a hand and 

glove manner with our already enacted Trafficking Victims Protection Act and other similar pieces of legislation. 

I do want to thank you, Mr. Chairman, and Ileana Ros-Lehtinen 

for your leadership on this bill. I want to thank Don Payne, the 

prime co-sponsor, for his work on this. I deeply appreciate it. As 

he correctly pointed out, the International Megan’s Law follows the 

Megan’s Law, which passed in New Jersey back in the early 1990s. 

Megan Kanka was a little girl, a 7-year-old girl, who actually 

lived in my home town. She was severely sexually assaulted and 

then brutally murdered by a convicted pedophile who had already 

spent time, more than a dozen years, in prison. He lived across the 

street. Nobody knew his background. 

He invited her into his home. He said, ‘‘Come in and see my 

puppy.’’ He had a little dog. And then he brutally raped and murdered her and nobody knew. Nobody knew who this person was. 

That led to enactment in New Jersey and then throughout all 50 

states of the Megan’s Law, which has had the ability to deter. 

Knowledge is power to deter, and now we are trying to extend that 

internationally when people go on these sex tourism efforts to exploit children. 

I especially want to thank Maureen and Richard Kanka, who 

founded the Kanka Foundation, Megan’s legacy. They have taken 

a horrific tragedy and have become national and now international 

proponents of Megan’s Law as a way of trying to mitigate these 

horrific crimes. 

Mr. Chairman, despite the fact that 137 countries are party to 

the optional protocol to the Convention on the Rights of the Child 

on the sale of children, child prostitution and child pornography 

abound, including in the United States. Little is being done internationally to comply with the obligation to prevent these acts in 

the context of the horrific phenomena of child sex tourism. 

As evidenced by the troubling information in the State Department’s Annual Trafficking in Persons Report, child sex tourism is 

a serious and widespread problem. Congress has passed legislation 

to bring to justice those Americans who are caught sexually exploiting children abroad, but we have yet to institute measures that will 

protect children from suffering this exploitation in the first place 

and its lifelong consequences. 

H.R. 5138 would implement one measure that is readily apparent: To identify and notify foreign governments of international 

travel by known dangerous sex child offenders. The move to such 

a formalized agreement is exemplified in a case in April 2008. A 

lifetime registered sex offender from the U.K. traveled to the U.S. 

with the intention of living with a woman he had communicated 

with on the internet and her young daughter. It was only after an 

alert of Interpol London that U.S. officials learned about the criminal history of this man and refused to allow him to enter the country. 

145

There have been instances where ICE officials most recently in 

California learned of a group of men who were going to travel to 

South Korea, all of them sex offenders, all of them with grave MOs 

as to what they probably intended to do in South Korea. We notified South Korea. They didn’t grant a visa and they were not allowed to commit what we believe would have been crimes in South 

Korea against children. 

U.S. Immigration and Customs Enforcement, together with other 

U.S. and foreign law enforcement agencies, are making a sincere, 

but occasional, effort to share information. It is all being done on 

an ad hoc basis through Interpol and other available means regarding traveling child sex offenders. A legal structure is needed to systematize and coordinate these detection and notification efforts. 

The International Megan’s Law would provide this legal structure. It establishes a mechanism for U.S. law enforcement agencies 

to identify child sex offenders who pose a danger to children in a 

destination country and to notify that country about this child sex 

offender’s travel intentions. It also includes a sense of the Congress 

that the President can negotiate agreements——

Chairman BERMAN. The time of the gentleman has expired. 

Without objection, the gentleman has 2 additional minutes. 

Mr. SMITH. I appreciate that. Thank you, Mr. Chairman. 

It also includes a sense of Congress that the President, as you 

know, can negotiate agreements with other governments to establish bilateral systems to receive and transmit notices about dangerous child sex offenders so that children in our own country will 

be better protected from known predators. 

The bill also establishes a registration requirement for U.S. child 

sex offenders when they are residing abroad. Currently there is no 

legal mechanism to identify and track Americans convicted of child 

sex offenses overseas or to continue tracking the location and activities of a child sex offender if they leave the United States for 

more than 30 days. H.R. 5138 will enable the U.S. diplomatic missions to notify U.S. law enforcement when a child sex offender who 

is required to register enters or re-enters the United States. 

I would ask that my full statement be made a part of the record. 

Chairman BERMAN. Without objection. 

Mr. SMITH. I would like to thank the many very dedicated staff 

on both sides of the aisle who worked so hard on this, beginning 

with Sheri Rickert. I would also like to thank Kristin Wells, who 

used to be with the committee who did yeoman’s work on this, Janice Kaguyutan, Doug Anderson, Shanna Winters, Rick Kessler, who 

has been working with us very closely, Stephanie Gidigbi and a 

large group of people on the Judiciary Committee as well because 

we have been engaging in negotiations there as well. Thank you, 

Mr. Chairman. 

Chairman BERMAN. Will the gentleman yield? 

Mr. SMITH. I will be happy to yield. 

Chairman BERMAN. I just want my colleagues on the committee 

to understand what you have done. You have gotten a bill like this 

through and with the approval and sign off and the waiving of jurisdiction of the staff of the House Judiciary Committee. Not a 

minor achievement. 

146

Mr. SMITH. Thank you very much, and I do appreciate it very 

much. 

Chairman BERMAN. The time of the gentleman has expired. Any 

member wish to be recognized to strike the last word or offer an 

amendment? The gentleman from Texas, Mr. Poe? 

Mr. POE. Mr Chairman, I move to strike the last word. 

Chairman BERMAN. The gentleman is recognized for 5 minutes. 

Mr. POE. Thank you very much, Mr. Chairman. The International Megan’s Law, H.R. 5138, is very important to our country. 

As founder and co-chair of the Victim’s Rights Caucus, along with 

my friend, Mr. Costa, from California, I strongly urge support of 

H.R. 5138. 

Unfortunately, unlawful sex tourism is big international business. One million children enter the multi-billion-dollar commercial 

sex every year. One million kids. Overall there are 2 million children that are enslaved in the global commercial sex trade. 

These children are not statistics. They are real people. They are 

boys and girls who most often grow up in very poor families and 

broken homes from countries all over the world. They are lured 

away by recruiters who promise them jobs in another city. They are 

falsely imprisoned under the belief that they are going to go to 

some other country, have a job and send money back home to their 

families. 

I recently was in the Ukraine and Bulgaria discussing this issue, 

and in some ways it is almost epidemic in the former eastern European bloc how young women primarily are lured away and then 

many of them never seen again because they are put into the sex 

trade. 

When they leave home they are forced into prostitution, and 

studies show that child prostitutes serve between 2 and 30 clients 

a week, which means they serve anywhere between 100 and 1,500 

clients per year. I don’t like calling them clients. I like calling them 

criminals, but that is what they are under the terminology. 

Those who resist or fail to earn enough money, the people who 

have procured them beat these children until they go back to work, 

bringing in this filthy lucre. If they don’t die from an STD many 

of them fall into drug use, and without any hope or any other way 

many of them commit suicide. 

The most startling statistic, Mr. Chairman, is the fact that 

Americans make up 25 percent of the world’s sex trade tourists. In 

other words, all of these going on in foreign countries, 25 percent 

of the clients are Americans. Many of them have gone abroad so 

that they can exploit children. That is to our shame. We need to 

deal with that issue. 

The International Megan’s Law of 2010 is another tool to help 

free children and stop the child sex tourism. It makes it harder for 

Americans with a known history of the sex offender to sexually 

abuse children in another country because our laws have gotten 

stringent enough, these sex offenders who go to prison, and most 

of them statistically repeat once they leave the penitentiary. They 

decide to go to a foreign country where laws are different and they 

are less likely to be apprehended. 

It says that if you abuse children here in the United States, you 

have to tell the U.S. Government when and where you are going 

147

so we can warn other countries this criminal is coming to your 

country and he is a known child molester. It also says that if a 

country knows of a sex offender in their country we want to know 

what their plans are if they come to the United States. 

The point of this law is to shine light on an industry that thrives 

in the darkness, in the depths of depravity. If you have a known 

history of sexually abusing children in our Nation, no longer can 

you just get on an airplane, go abuse other children in another 

country and come back home. I hope that means that a sex offender will think twice before exploiting other kids in foreign nations. 

I hope this law puts the slimy pimps that prey on helpless children out of business, and this will help do that. They make profits 

by exploiting kids in the international sex tourism business. Hopefully children around the world, less of them will be caught in the 

sex trade and slavery. Children are victims of crime. Their freedom 

is stolen, their dignity, and their voices must be heard here in the 

United States and we must do what we can to help other kids 

throughout the world. 

Lastly, I want to point out that once a person, a child, usually 

young women, are put into this atmosphere they never recover. 

They never get out of it, and those that do have tremendous physical, emotional and mental problems because of the sex trade tourism that they have been kidnapped and put into. 

So I congratulate my friend from New Jersey for sponsoring this, 

and I totally support it. I yield back the remainder of my time. 

Chairman BERMAN. The time of the gentleman has expired. Who 

else seeks recognition? The gentlelady from Texas. For what purpose do you seek recognition? 

Ms. JACKSON LEE. To ask unanimous consent to speak for 5 minutes. 

Chairman BERMAN. Without objection. The gentlelady moves to 

strike the last word and is recognized for 5 minutes. 

Ms. JACKSON LEE. Mr. Chairman, I want to thank you for your 

leadership and that of the ranking member for collecting these very 

important initiatives going forward. I will speak briefly about each 

of the initiatives that I am supporting. 

The Conflict Minerals Trade Act has just really been galvanized 

by recent media stories about a high profile model that may have 

been either the victim or engaged or associated with allegations of 

conflict diamonds as it relates to the trial of Charles Taylor. It goes 

on and on and on. And so I think this legislation is long overdue, 

and I am very glad that businesses such as LG Electronics and Motorola and advocacy groups such as Oxam and Genocide Intervention Network, Global Witness are in support of this. 

I received a letter from Corinna Gilfillan, who is with Global Witness, who indicated that the trade in conflict minerals by armed 

groups in the Eastern DRC has fueled horrific human rights 

abuses, including widespread killings of unarmed civilians, rape, 

torture, looting and Federal displacement of hundreds of thousands 

of people. 

Might I just say that I wish that we were as forceful, though I 

know that there was much opposition, during the Liberian War 

148

where these conflict minerals are clearly in play. So I support this 

legislation and look forward to its passage. 

In addition, as the co-chair of the Congressional Caucus I am enthusiastically supporting H.R. 5138 and thank the co-sponsors and 

authors for the wisdom. I was a strong supporter and advocate of 

Megan’s Law, and I believe that this is key in saving the lives of 

children. 

I am reminded of visits early on in my congressional career to 

Bangladesh and to several other countries. I don’t want to in essence call the roll, but countries who hopefully have made great 

strides in meeting with some of the Bangladesh leaders. I know 

that they have. Thailand, for example, with the horrific story of a 

year or 2 ago of individuals, men, who have left their country to 

abuse children. 

This is intolerable and unacceptable, and if the Congress cannot 

stand before the major components of this bill, which is the establishment of a system for providing advance notice to foreign countries when a sex offender who poses a high risk is traveling and 

the imposition of a registration requirement for child offenders 

from the United States who reside abroad, what can we do? 

So I am very grateful that we have put that legislation forward, 

and I do support it to avoid the result of HIV AIDS and other 

abuses, psychological trauma, disease, unwanted pregnancy that 

comes about through this horrific, horrible crime. 

H.R. 5139, extending immunities to the Office of the High Representative Act, is a technical fix of which I support, and then in 

listening to my colleague from New Jersey, Chairman Payne, I 

want to associate myself on S. 1067 with his comments, his broad 

comments, the Lord’s Resistance Army Disarmament in Northern 

Uganda Recovery Act. 

We have spent time in Uganda, and certainly its President has 

had a long tenure. The rebel guerrilla army operating in Uganda 

and parts of Sudan, the LRA, has come to be known for its mass 

atrocities, and this seeking of disarmament to finally bring peace 

to this area is important. 

I do think we should take into consideration who is to blame, but 

it should be noted that in this battle injuries targeted government 

troops, more than 200,000 lives have been taken, and millions of 

civilians have been displaced from their homes. Twenty thousand 

children have been abducted, raped, maimed and killed. This is 

long overdue. This legislation authorizes the President to provide 

additional assistance to respond to the humanitarian needs. 

Let me also say that I support the Global Science Program for 

Security, Competitiveness and Diplomacy Act, H.R. 4801. Having 

been a 12-year member of the Science Committee, this is an excellent idea. 

And I thank you for accepting my amendment, which expands it 

to Subsaharan countries that may have been a little bit more economically able because, for example, South Africa is a country that 

has an enormous range in science. Many of those individuals would 

be left out if they were not able to engage in this process of a scientific exchange. Science I believe is the work of the twenty-first 

century. We are in the twenty-first century, and we should leave 

no one out. 

149

Mr. Chairman, I would like to ask for approval and passage of 

the bills that I have just commented on, and I thank the committee 

for yielding. I yield back. 

Chairman BERMAN. The time of the gentlelady has expired. 

Hearing no further amendments, I ask unanimous consent that 

the amendment in the nature of a substitute to H.R. 4128, the Conflict Minerals Trade Act, is considered adopted, and without objection I further ask unanimous consent to report en bloc the four 

bills favorably to the House, but as separate bills. 

H.R. 5138, International Megan’s Law of 2010; H.R. 5139, Extending Immunities to the Office of the High Representative Act of 

2010; S. 1067, the Lord’s Resistance Army Disarmament and 

Northern Uganda Recovery Act of 2009 will each be ordered reported without amendment. H.R. 4128, the Conflict Minerals Trade 

Act, will be ordered reported with an amendment in the nature of 

a substitute just adopted. 

I move that these four bills as described be reported favorably to 

the House. All those in favor say aye. 

[Chorus of ayes.] 

Chairman BERMAN. All opposed say no. 

[Chorus of noes.] 

Chairman BERMAN. In the opinion of the chair, the ayes have it 

and the motion is agreed to without objection. The staff is authorized to make any technical and conforming changes. That takes 

care of four of the five bills. I thank the members for being here, 

and I ask you to stay for one more bill, which I really like because 

it is my bill. 

Pursuant to notice I call up the final bill, H.R. 4801, the Global 

Science Program for Security, Competitiveness and Diplomacy Act 

of 2010. 

[H.R. 4801 follows:]

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Chairman BERMAN. Without objection, the amendment in the nature of a substitute before the members will be considered as base 

text for purposes of amendment, will be considered as read and will 

be open for amendment at any point. A summary of the amendment in the nature of a substitute is on each member’s desk. 

[The amendment of H.R. 4801 follows:]

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Chairman BERMAN. I yield myself 5 minutes to explain the 

amendment in the nature of a substitute. 

H.R. 4801 bolsters U.S. science diplomacy programs by establishing a Global Science Program to provide grants to U.S. and foreign scientists. The bill also authorizes the Science Envoys Program introduced by President Obama in his Cairo speech last June. 

Science diplomacy—the use of scientists, engineers and researchers to engage with their foreign counterparts—is a proven means 

of engaging foreign populations, improving the image of the United 

States and fostering cooperation with international partners. The 

amendment in the nature of a substitute addresses concerns of the 

National Science Foundation and clarifies the management structure of the Global Science Program. 

I now turn to the ranking Republican member, Ileana RosLehtinen, for her statement. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. Although I question the wisdom of establishing new programs during 

a time of trillion-dollar deficits and economic challenges for average 

Americans, I note that this bill does not authorize funding beyond 

‘‘such sums.’’ It is also my hope that hard-pressed universities in 

the United States will be among the principal beneficiaries of this 

bill. 

However, I do have concerns regarding the possibility that this 

bill might undermine existing prohibitions against providing assistance to certain countries. For that reason, I would like to note for 

the record, as your staff has confirmed, that the text under consideration does not grant the Secretary of State authority to provide 

any assistance that is prohibited by any provision of current law. 

I support efforts to ensure that this legislation does not undermine U.S. security interests by inadvertently enabling foreign espionage efforts such as those previously outlined in the 2009 report 

of the U.S.-China Economic and Security Review Commission and 

many other such studies. 

Finally, Mr. Chairman, I would like to confirm that the committee intends to file a written report on this bill which will afford 

opportunities for further clarification and the filing of additional 

views should members deem it necessary. 

Chairman BERMAN. Would the gentlelady yield? 

Ms. ROS-LEHTINEN. Yes, sir. 

Chairman BERMAN. The gentlelady is right. Nothing in this bill 

would allow assistance or grants or these kinds of programs in the 

science diplomacy field to go on with countries that are prohibited 

from getting assistance under other provisions of the Foreign Assistance Act, and if we need to we can even reaffirm that specifiVerDate 0ct 09 2002 18:27 Jun 21, 2010 Jkt 000000 PO 00000 Frm 00195 Fmt 6633 Sfmt 6633 F:\WORK\FULL\042810M\56199 HFA PsN: SHIRL

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cally within this provision with an amendment between now and 

the time this bill comes to the Floor. 

There will be a written report. We will definitely have a report 

on the legislation with an opportunity for additional views and confirming the concerns that you have raised. 

Ms. ROS-LEHTINEN. Thank you, Mr. Chairman. Reclaiming my 

time, given your assurance I am now prepared to move this bill forward. Thank you, Mr. Chairman. 

Chairman BERMAN. The gentleman from Virginia, for what purpose do you seek recognition? 

Mr. CONNOLLY. To strike the last word. 

Chairman BERMAN. The gentleman is recognized for 5 minutes. 

Mr. CONNOLLY. I thank the chair, and I just wanted to add I 

want to thank the chair for its leadership on this important legislation. While I certainly take the caveat of the ranking member seriously, I also believe that even in tough times, maybe especially in 

tough times, we need to always be looking at that scientific cutting 

edge. 

Technology is the competitive advantage of the United States, 

and I believe that trying to harness the scientific community 

through in part this mechanism in our State Department I think 

is a very important adjunct to uniform policy and to making sure 

we protect the U.S. competitive advantage in the global arena. So 

I was very pleased to offer an amendment to this bill and that the 

chairman has incorporated it into the substitute amendment establishing the Advisory Panel on International Scientific Cooperation. 

The district I represent, Mr. Chairman, is a very high tech district. This is the kind of thing that a lot of businesses, a lot of individuals from my district certainly and across the Nation want to 

see and want to see as a key part of our foreign policy moving forward, our diplomacy moving forward. 

So I want to thank the chairman for his leadership, and I look 

forward to supporting this legislation and I thank you for incorporating my amendment. I yield back. 

Chairman BERMAN. The gentleman yields back. The co-sponsor of 

this legislation has been a very wonderful person to work with on 

this issue. The gentleman from Nebraska, Mr. Fortenberry, seeks 

recognition, moves to strike the last word, and the gentleman is 

recognized for 5 minutes. 

Mr. FORTENBERRY. Well, thank you, Mr. Chairman, for your kind 

words, and thank you, Ranking Member Ros-Lehtinen, as well for 

your efforts today on this markup. 

But also I want to welcome the opportunity, as you have said, 

Mr. Chairman, to comment on the significance of the United States 

leadership and technology in the role of science and diplomacy and 

how this bill potentially furthers those efforts. 

For decades, the U.S. Government has supported the exchange 

program based on the premise that individuals of goodwill can 

make a difference to help build just societies that serve people with 

integrity. To the extent that the United States can better leverage 

its technical expertise through prudent public diplomacy and engage others to join our commitment in the service of very worthy 

goals, we may actually help deprive twisted ideologies and corrupt 

193

institutions elsewhere of the resources they might otherwise obtain 

by default to perpetrate misery and suffering around the world. 

And that is exactly what this bill seeks to do. Ours is an era of 

unprecedented scientific achievement that can either be directed 

for great good or devastating harm to all of humanity. The choices 

is ours, and I believe we must lead or others may lead us where 

we may not wish to go. 

Mr. Chairman, Albert Einstein once said that ‘‘concern for man 

himself and his fate must always form the chief interest of all technical endeavor.’’ He called on his fellow scientists to ‘‘never forget 

this in the midst of your diagrams and equations.’’

This is the kind of science that will lead to numerous benefits 

across every sector of human endeavor. This is the kind of science 

our public policy should support. Simply put, effective scientific collaboration that may, for instance, mitigate security risks posed by 

weapons of mass destruction or promote ethical research to benefit 

humanity, advancing goals that all Americans can proudly share, 

is a good thing. 

If one can collaborate effectively to divert energy and resources 

from let us say a potentially devastating catastrophic attack on civilians into a project that brings sanitation to dozens of rural villages or provides sustainable agriculture to help local communities 

take full ownership of their nutritional needs or lead to a cure or 

treatment of a disease that has thus far received far too little attention relative to its lethal effects, our exercise today may result 

in chaos averted, lives saved and prove to be one small step for 

common sense. 

So thank you, Mr. Chairman, for your leadership on this, and I 

yield back. 

Chairman BERMAN. The time of the gentleman has expired. Does 

any member seek recognition? 

[No response.] 

Chairman BERMAN. Hearing no further amendments, I ask unanimous consent the amendment in the nature of a substitute is 

amended to H.R. 4801, the Global Science Program and Security, 

Competitiveness and Diplomacy Act of 2010, is considered adopted, 

and I move that the bill as amended be reported favorably to the 

House. All those in favor say aye. 

[Chorus of ayes.] 

Chairman BERMAN. All those opposed, say no. 

[Chorus of noes.] 

Chairman BERMAN. In the opinion of the chair the ayes have it, 

and the motion is agreed to. Without objection, the staff is authorized to make any technical and conforming changes. 

I thank all the members on both sides for participation, and the 

committee hearing markup is adjourned. 

[Whereupon, at 11:15 a.m. the committee was adjourned.] 

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