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23–823PDF 2006

ENCOURAGING THE U.S. GOVERNMENT TO ACTIVELY SUPPORT

THE DEMOCRATIC POLITICAL AND SOCIAL FORCES IN NICARAGUA; URGING THE SECRETARY TO COORDINATE WITH

OTHER GOVERNMENTAL AGENCIES AND NGOS IN CREATING

AN ONLINE DATABASE OF INTERNATIONAL EXCHANGE PROGRAMS AND RELATED OPPORTUNITIES; CONGRATULATING

ISRAEL ON THE ELECTION OF AMBASSADOR DAN GILLERMAN

AS VICE–PRESIDENT OF THE 60TH UN GENERAL ASSEMBLY;

RECOGNIZING THE COMMENCEMENT OF RAMADAN AND COMMENDING MUSLIMS FOR THEIR FAITH; AND THE TRAFFICKING

VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005

MARKUP

BEFORE THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

ON

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

H. Res. 472 and H.R. 972

OCTOBER 7, 2005

Serial No. 109–121

Printed for the use of the Committee on International Relations

(

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

DANIEL FREEMAN, Counsel/Parliamentarian 

JEAN CARROLL, Full Committee Hearing Coordinator 

(III)

C O N T E N T S 

Page

MARKUP OF 

H. Con. Res. 252, Expressing the sense of Congress that the Government 

of the United States should actively support the aspirations of the democratic political and social forces in the Republic of Nicaragua toward an 

immediate and full restoration of functioning democracy in that country ...... 2

Amendment to H. Con. Res. 252 offered by the Honorable Dan Burton, 

a Representative in Congress from the State of Indiana .............................. 6

H. Res. 192, Expressing the sense of the House of Representatives encouraging the active engagement of Americans in world affairs and urging 

the Secretary of State to take the lead and coordinate with other governmental agencies and non-governmental organizations in creating an online 

database of international exchange programs and related opportunities ....... 13

Amendment to H. Res. 192 offered by the Honorable Henry J. Hyde, a 

Representative in Congress from the State of Illinois, and Chairman, 

Committee on International Relations ........................................................... 18

H. Res. 368, Congratulating the State of Israel on the election of Ambassador 

Dan Gillerman as Vice-President of the 60th United Nations General Assembly ................................................................................................................... 20

H. Res. 472, Recognizing the commencement of Ramadan, the Islamic holy 

month of fasting and spiritual renewal, and commending Muslims in the 

United States and throughout the world for their faith ................................... 25

Amendment to H. Res. 472 offered by the Honorable Henry J. Hyde ............. 28

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

the Trafficking Victims Protection Act of 2000, and for other purposes ......... 30

Amendment in the Nature of a Substitute to H.R. 972 offered by the 

Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey and Vice Chairman, Committee on International 

Relations ............................................................................................................ 78

(1)

ENCOURAGING THE U.S. GOVERNMENT TO ACTIVELY SUPPORT THE DEMOCRATIC POLITICAL AND SOCIAL FORCES 

IN NICARAGUA; URGING THE SECRETARY TO COORDINATE 

WITH OTHER GOVERNMENTAL AGENCIES AND NGOS IN 

CREATING AN ONLINE DATABASE OF INTERNATIONAL EXCHANGE PROGRAMS AND RELATED OPPORTUNITIES; CONGRATULATING ISRAEL ON THE ELECTION OF AMBASSADOR DAN GILLERMAN AS VICE–PRESIDENT OF THE 

60TH UN GENERAL ASSEMBLY; RECOGNIZING THE COMMENCEMENT OF RAMADAN AND COMMENDING MUSLIMS 

FOR THEIR FAITH; AND THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005

FRIDAY, OCTOBER 7, 2005

HOUSE OF REPRESENTATIVES, COMMITTEE ON INTERNATIONAL RELATIONS, Washington, DC. 

The Committee met, pursuant to notice, at 11:21 a.m. in room 

2172, Rayburn House Office Building, Hon. Henry Hyde (Chairman 

of the Committee) presiding. 

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

We have four noncontroversial bills on the agenda, and it is my 

intention to consider these measures en bloc and by unanimous 

consent authorize the Chair to seek consideration of the bills under 

suspension of the rules. All Members are given leave to insert remarks on the measures into the record should they choose to do so. 

Accordingly, without objection, the Chairman is authorized to 

seek consideration of the following bills under suspension of the 

rules, and the amendments to those measures, which the Members 

have before them, shall be deemed adopted. 

H. Con. Res. 252, Expressing the sense of Congress that the Government of the United States should actively support the aspirations of the democratic political and social forces in the Republic 

of Nicaragua toward an immediate and full restoration of functioning democracy in that country, as amended. 

[The resolution and amendment referred to follow:]

2

1

IV

109TH CONGRESS

1ST SESSION H. CON. RES. 252

Expressing the sense of Congress that the Government of the United States

should actively support the aspirations of the democratic political and

social forces in the Republic of Nicaragua toward an immediate and

full restoration of functioning democracy in that country.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 2005

Mr. BURTON of Indiana (for himself, Mr. MENENDEZ, Ms. HARRIS, Mr.

WELLER, Ms. ROS-LEHTINEN, Mr. MACK, and Mr. ROHRABACHER) submitted the following concurrent resolution; which was referred to the

Committee on International Relations

CONCURRENT RESOLUTION

Expressing the sense of Congress that the Government of

the United States should actively support the aspirations

of the democratic political and social forces in the Republic of Nicaragua toward an immediate and full restoration of functioning democracy in that country.

Whereas the United States is strongly committed to promoting freedom, democracy, and the rule of law;

Whereas the Charter of the Organization of American States,

of which the United States and Nicaragua are Member

States, stipulates that ‘‘[t]he peoples of the Americas

have a right to democracy and their governments have an

obligation to promote and defend it’’;


23823a.AAB
3

2

•HCON 252 IH

Whereas after experiencing a quarter century ago a revolution, loss of personal liberties, destruction of property,

and economic instability, the people of Nicaragua are

building a democratic form of government;

Whereas jailed ex-President Arnoldo Aleman and Sandinista

Liberation Front (FSLN) leader Daniel Ortega have entered into an agreement widely known throughout Nicaragua as the ‘‘Pact’’, to control the National Assembly in

order to exploit its legislative powers to undermine the

Nicaraguan Constitution, the Presidency of Enrique

Bolanos, and all institutions of representative democratic

governance;

Whereas Pactist politicians currently control and dominate

the Supreme Court, the Electoral Council, the Comptroller’s office, and the Human Rights ombudsman’s office;

and

Whereas polls indicate that an overwhelming percentage of

Nicaraguans oppose the Aleman-Ortega Pact, and tens of

thousands of Nicaraguans took to the streets in the past

year to call for an end to the Pact: Now, therefore, be

it

1 Resolved by the House of Representatives (the Senate

2 concurring), That—

3 (1) Congress—

4 (A) strongly condemns the Aleman-Ortega

5 Pact as detrimental to democracy in the Repub6 lic of Nicaragua, the future of democracy in

7 Nicaragua, and the stability of the entire re8 gion;


23823a.AAC
4

3

•HCON 252 IH

1 (B) strongly condemns constitutional re2 forms passed by the Pact-controlled National

3 Assembly that stripped important executive

4 branch authorities from the Nicaraguan presi5 dency;

6 (C) strongly condemns the Pact-controlled

7 National Assembly’s actions to stack the Nica8 raguan Supreme Court with Pact loyalists,

9 some of whom have had their United States

10 visas revoked on the ground of corruption;

11 (D) strongly condemns the Pact-controlled

12 National Assembly’s efforts to remove demo13 cratically-elected President Enrique Bolanos on

14 dubious legal grounds;

15 (E) strongly condemns the Pact-controlled

16 National Assembly’s attempts to remove from

17 office senior officials of the executive branch on

18 dubious legal grounds; and

19 (F) supports the efforts of Nicaraguan

20 democratic civil society to create the necessary

21 conditions for free and fair elections; and

22 (2) it is the sense of Congress that—

23 (A) it should be the policy of the United

24 States to actively support the aspirations of the

25 democratic political forces in Nicaragua for a


23823a.AAD
5

4

•HCON 252 IH

1 full restoration of democracy and the rule of

2 law in Nicaragua, headed by leaders who are

3 committed to democracy and who deserve the

4 trust of the Nicaraguan people;

5 (B) it should be the policy of the United

6 States to work with the international commu7 nity, including the Organization of American

8 States, to assist democratic forces in Nicaragua

9 to restore full democracy to their country;

10 (C) it should be the policy of the United

11 States to oppose all political elements that con12 tinue to subvert Nicaraguan democracy;

13 (D) it is critical that the 2006 elections in

14 Nicaragua are free and fair and provide the

15 winner of the election a clear mandate to gov16 ern the country; and

17 (E) the President of the United States,

18 acting through the Administrator of the United

19 States Agency for International Development,

20 should provide assistance grants to nongovern21 mental organizations in support of President

22 Bolanos’ call for the international community to

23 assist in and monitor the 2006 election process

24 in order to ensure the integrity of the process.

Æ


23823a.AAE
6

1

H.L.C.

AMENDMENT TO H. CON. RES. 252

OFFERED BY MR. BURTON OF INDIANA

Strike the preamble and insert the following:

Whereas the United States is strongly committed to promoting freedom, democracy, and the rule of law;

Whereas the Democratic Charter of the Organization of

American States, of which the United States and the Republic of Nicaragua are Member States, stipulates that

‘‘[t]he peoples of the Americas have a right to democracy

and their governments have an obligation to promote and

defend it’’;

Whereas, after experiencing a quarter century ago a revolution, loss of personal liberties, destruction of property,

and economic instability, the people of Nicaragua are

building a democratic form of government;

Whereas in November 2001, approximately 90 percent of voters in Nicaragua turned out to vote, and a clear majority

elected Enrique Bolan ̃os Geyer to be their next President;

Whereas international observers, including representatives

from the Carter Center and the Organization of American States, monitored the Nicaraguan elections of November 2001 and determined that the elections met minimum international standards and that the outcome reflected the will of the Nicaraguan people;

Whereas ex-President Arnoldo Aleman and Sandinista Liberation Front (FSLN) leader Daniel Ortega have entered

into an agreement widely known throughout Nicaragua

as the ‘‘Pact’’, to control the National Assembly in order

to exploit its legislative powers to undermine the NicaVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00010 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

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2

H.L.C.

raguan Constitution, the Presidency of Enrique Bolan ̃os

Geyer, and all institutions of representative democratic

governance;

Whereas in December 2003, Arnoldo Aleman was convicted

of fraud, misappropriation of public funds, embezzlement,

and criminal association and sentenced by a Nicaraguan

court to 20 years imprisonment, but a Pactist court order

extended his confinement from his ranch to the city of

Managua;

Whereas Arnoldo Aleman and Daniel Ortega, to a large extent as a result of the Pact, wield near total control over

the National Assembly, the Supreme Court, the Electoral

Council, the Comptroller’s Office, and the Human Rights

Ombudsman’s Office;

Whereas polls indicate that an overwhelming percentage of

Nicaraguans oppose the Aleman-Ortega Pact, and tens of

thousands of Nicaraguans took to the streets in the past

year to call for an end to the Pact;

Whereas in September 2005 the Secretary General of the Organization of American States warned that the actions of

the Nicaraguan National Assembly to strip President

Bolan ̃os Geyer’s ministers and other senior government

officials of their immunity is creating circumstances that

inevitably will make the country ungovernable and generate endless conflict; and

Whereas, with regard to the most recent encroachment by the

National Assembly through the operation of the AlemanOrtega Pact on the privileges of the Nicaraguan executive

branch, the Organization of American States urged, in

the strongest possible terms, that ‘‘the parties concerned

enter into a broad and constructive dialogue, free of presVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00011 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

23823b.AAC
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3

H.L.C.

sures and threats’’ and that the parties ‘‘respect the

mandate freely conferred upon President Enrique

Bolan ̃os Geyer and the other elected officials by the Nicaraguan people’’: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That—

2 (1) Congress—

3 (A) strongly condemns the Aleman-Ortega

4 Pact as detrimental to democracy in the Repub5 lic of Nicaragua, the future of democracy in

6 Nicaragua, and the stability of the entire re7 gion;

8 (B) strongly condemns constitutional re9 forms passed by the Pact-controlled National

10 Assembly that stripped important executive

11 branch authorities from the Nicaraguan presi12 dency, such as the prerogative to appoint min13 isters;

14 (C) strongly condemns the Pact-controlled

15 National Assembly’s actions to stack the Nica16 raguan Supreme Court with Pact loyalists,

17 some of whom have had their United States

18 visas revoked on the ground of corruption;


23823b.AAD
9

4

H.L.C.

1 (D) strongly condemns the Pact-controlled

2 National Assembly’s efforts to remove demo3 cratically elected President Enrique Bolan ̃os

4 Geyer on dubious legal grounds;

5 (E) strongly condemns the Pact-controlled

6 National Assembly’s attempts to remove from

7 office senior officials of the executive branch on

8 dubious legal grounds; and

9 (F) supports the efforts of Nicaraguan

10 democratic civil society to create the necessary

11 conditions for free and fair elections; and

12 (2) it is the sense of Congress that—

13 (A) it should be the policy of the United

14 States to actively support the aspirations of the

15 democratic political forces in Nicaragua for a

16 full restoration of democracy and the rule of

17 law in Nicaragua, headed by leaders who are

18 committed to democracy and who deserve the

19 trust of the Nicaraguan people;

20 (B) it should be the policy of the United

21 States to work with the international commu22 nity, including the Organization of American

23 States, to assist democratic political forces in

24 Nicaragua to restore full democracy to their

25 country;


23823b.AAE
10

5

H.L.C.

1 (C) it should be the policy of the United

2 States to work through the Organization of

3 American States and other regional and inter4 national organizations to encourage political ele5 ments within Nicaragua to preserve, protect,

6 and defend the letter and spirit of that coun7 try’s constitution instead of undermining the te8 nets, institutions, and processes of a true de9 mocracy;

10 (D) it is critical that the 2006 elections in

11 Nicaragua be free and fair and provide the win12 ner of the election a clear mandate to govern

13 the country; and

14 (E) the President of the United States,

15 acting through the Administrator of the United

16 States Agency for International Development,

17 should provide assistance grants to nongovern18 mental organizations on a nonpartisan basis in

19 the United States and Nicaragua for the sole

20 purpose of ensuring the integrity of the elec21 toral process in response to President Bolan ̃os

22 Geyer’s call for international assistance and

23 monitoring of the 2006 elections, and should

24 ensure that the details of such grants are made


23823b.AAF
11

6

H.L.C.

1 public on a timely basis to promote trans2 parency and accountability.


23823b.AAG
12

Chairman HYDE. H. Res. 192, Expressing the sense of the House 

of Representatives encouraging the active engagement of Americans in world affairs and urging the Secretary of State to take the 

lead and coordinate with other governmental agencies and non-governmental organizations in creating an online database of international exchange programs and related opportunities, as amended. 

[The resolution and amendment referred to follow:]

13

1

IV

109TH CONGRESS

1ST SESSION H. RES. 192

Expressing the sense of the House of Representatives encouraging the active

engagement of Americans in world affairs and urging the Secretary

of State to take the lead and coordinate with other governmental agencies

and non-governmental organizations in creating an online database of

international exchange programs and related opportunities.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 2005

Mr. MCGOVERN submitted the following resolution; which was referred to the

Committee on International Relations

RESOLUTION

Expressing the sense of the House of Representatives encouraging the active engagement of Americans in world affairs and urging the Secretary of State to take the

lead and coordinate with other governmental agencies

and non-governmental organizations in creating an online

database of international exchange programs and related

opportunities.

Whereas the United States needs to do a better job of building personal and institutional relationships with peoples

and Nations around the world in order to combat the rise

in anti-American sentiment that many polls and studies

have reported;


23823c.AAB
14

2

•HRES 192 IH

Whereas a broad bipartisan consensus in favor of strengthening United States public diplomacy emerged during

2003 in Congress and was expressed in various reports,

including reports of the Council on Foreign Relations, the

General Accounting Office, the Advisory Commission on

Public Diplomacy, the Heritage Foundation, and the Advisory Group on Public Diplomacy for the Arab and Muslim World;

Whereas, in July 2004, the National Commission on Terrorist Attacks Upon the United States released its final

report on United States intelligence, which determined

that ‘‘[j]ust as we did in the Cold War, we need to defend our ideals abroad vigorously. America does stand up

for its values . . . If the United States does not act aggressively to define itself in the Islamic World, the extremists will gladly do the job for us.’’;

Whereas the National Intelligence Reform Act of 2004 declares the sense of Congress that the United States

should commit to a long-term and significant investment

in promoting people-to-people engagement with all levels

of society in other countries;

Whereas international exchange programs, which have assisted in extending American influence around the world

by educating the world’s leaders, have suffered from a

decline in funding and policy priority;

Whereas, when students are instructed in their civic and community responsibilities during secondary education, the

importance of their participation in global affairs should

be underscored as well;


23823c.AAC
15

3

•HRES 192 IH

Whereas the number of United States university-level students studying abroad in 2002–2003 was 174,629, representing just over 1 percent of United States students;

Whereas 2⁄3 of United States students studying abroad study

in Western Europe (18.2 percent in the United Kingdom

alone), although 95 percent of the world population

growth in the next 50 years is expected to occur outside

of Western Europe;

Whereas there are 29,953,000 retired workers in the United

States as of December 2004, meaning that there are

many older Americans who have the talent, maturity, and

time to volunteer their services abroad;

Whereas the average United States college graduate who has

studied 1 of the less commonly taught languages reaches

no more than an intermediate level of proficiency in the

language, which is insufficient to meet national security

requirements; and

Whereas there are hundreds of well-established organizations

in the United States that implement educational and professional exchanges, international volunteering, and related programs, and the efforts of those organizations

could readily be expanded to reach out to more Americans: Now, therefore, be it

1 Resolved,

2 SHORT TITLE

3 SECTION 1. This resolution may be cited as the ‘‘Peo4 ple-to-People Engagement in World Affairs Resolution’’.

5 SENSE OF THE HOUSE OF REPRESENTATIVES

6 SEC. 2. It is the sense of the House of Representa7 tives that—


23823c.AAD
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4

•HRES 192 IH

1 (1) the Secretary of State should coordinate

2 with implementing partners in creating an online

3 database that provides information on how Ameri4 cans can take advantage of—

5 (A) international exchange programs of the

6 Department of State, the Department of Edu7 cation, and other Federal Government and non8 government entities;

9 (B) volunteer opportunities with organiza10 tions that assist refugees and immigrants in the

11 United States;

12 (C) opportunities to host international stu13 dents and professionals in the United States;

14 (D) sister-city organizations in the United

15 States;

16 (E) international fairs and cultural events

17 in the United States; and

18 (F) foreign language learning opportuni19 ties;

20 (2) Americans should strive to become more en21 gaged in international affairs and more aware of

22 peoples and developments outside the United States;

23 (3) Americans should seize 1 or more opportu24 nities toward this end, by such means as—


23823c.AAE
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5

•HRES 192 IH

1 (A) participating in a professional or cul2 tural exchange;

3 (B) studying abroad;

4 (C) volunteering abroad;

5 (D) working with an immigrant or refugee

6 group;

7 (E) hosting a foreign student or profes8 sional;

9 (F) participating in a sister-city program;

10 and

11 (G) learning a foreign language; and

12 (4) Members of Congress should raise the im13 portance of international engagement in the districts

14 and States the Members represent.

Æ


23823c.AAF
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1

H.L.C.

AMENDMENT TO H. RES. 192

OFFERED BY MR. HYDE OF ILLINOIS

Strike the fifth clause in the preamble.

Page 4, beginning line 2, strike ‘‘in creating an online database that provides’’ and insert ‘‘to make readily

accessible’’.

Amend the title so as to read: ‘‘Resolution expressing the sense of the House of Representatives encouraging the active engagement of Americans in world affairs and urging the Secretary of State to take the lead

and coordinate with other governmental agencies and

non-governmental organizations to encourage active participation in international exchange programs and related

opportunities.’’.


23823d.AAB
19

Chairman HYDE. H. Res. 368, Congratulating the State of Israel 

on the election of Ambassador Dan Gillerman as Vice-President of 

the 60th United Nations General Assembly. 

[The resolution referred to follows:]

20

1

IV

109TH CONGRESS

1ST SESSION H. RES. 368

Congratulating the State of Israel on the election of Ambassador Dan

Gillerman as Vice-President of the 60th United Nations General Assembly.

IN THE HOUSE OF REPRESENTATIVES

JULY 19, 2005

Mr. SCHIFF (for himself and Mr. CHABOT) submitted the following resolution;

which was referred to the Committee on International Relations

RESOLUTION

Congratulating the State of Israel on the election of Ambassador Dan Gillerman as Vice-President of the 60th

United Nations General Assembly.

Whereas the 60th General Assembly of the United Nations

will be held in New York City from September through

December 2005;

Whereas the United Nations General Assembly is presided

over by a President and 21 Vice-Presidents, who are

nominated by the General Assembly’s five regional

groupings;

Whereas prior to 2000, Israel was the only member of the

United Nations to be excluded from a United Nations regional grouping;


23823e.AAB
21

2

•HRES 368 IH

Whereas this exclusion was the result of the refusal by Arab

states to permit Israel to join the Asian group;

Whereas this exclusion prevented Israel from serving as the

President of the United Nations General Assembly, or as

a member of any bureau in the General Assembly and its

main committees;

Whereas in 2000, Israel was accepted as a temporary member of the Western European and Others Group

(WEOG), which includes Canada, the United States,

Australia, and New Zealand, in addition to the countries

of Western Europe, and its temporary membership was

extended in 2004;

Whereas on April 21, 2005, the Western Europe and Others

Group nominated Israel as a candidate for Vice-President

of the 60th United Nations General Assembly;

Whereas on June 13, 2005, the 191 member United Nations

General Assembly elected Ambassador Dan Gillerman,

Israel’s Permanent Representative to the United Nations,

as one of 21 Vice-Presidents of the 60th General Assembly;

Whereas Israeli Ambassador Gillerman called the election ‘‘a

historic moment for Israel’’, which had last served as

United Nations General Assembly Vice-President in

1952;

Whereas Ambassador Gillerman also said that the election

confirms that Israel is ‘‘becoming a more active and normal member of the [United Nations]’’; and

Whereas United Nations Secretary-General Kofi Annan welcomed Israel’s election to the Vice-Presidency of the General Assembly: Now, therefore, be it

1 Resolved, That the House of Representatives—


23823e.AAC
22

3

•HRES 368 IH

1 (1) congratulates Ambassador Dan Gillerman,

2 Israel’s Permanent Representative to the United Na3 tions, and the Government and people of the State

4 of Israel on Israel’s election as Vice-President of the

5 60th General Assembly of the United Nations;

6 (2) welcomes the nomination by the Western

7 European and Others Group (WEOG) of Israel for

8 the position of Vice-President of the 60th United

9 Nations General Assembly;

10 (3) welcomes the election by the United Nations

11 General Assembly of Israel as Vice-President of the

12 60th General Assembly;

13 (4) supports continued expansion of Israel’s

14 role at the United Nations;

15 (5) notes with concern that Israel remains the

16 object of extreme vilification by many members of

17 the United Nations;

18 (6) further notes that Israel remains excluded

19 from the Asian regional grouping within the organi20 zation; and

21 (7) calls upon United Nations Secretary-Gen22 eral Kofi Annan to work to end the vilification of

23 Israel at the United Nations and to use his good ofVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00026 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

23823e.AAD
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4

•HRES 368 IH

1 fices to support Israel’s bid to join the Asian re2 gional grouping.

Æ


23823e.AAE
24

Chairman HYDE. And H. Res. 472, Recognizing the commencement of Ramadan, the Islamic holy month of fasting and spiritual 

renewal, and commending Muslims in the United States and 

throughout the world for their faith, as amended. 

[The resolution and amendment referred to follow:]

25

1

IV

109TH CONGRESS

1ST SESSION H. RES. 472

Recognizing the commencement of Ramadan, the Islamic holy month of fasting and spiritual renewal, and commending Muslims in the United States

and throughout the world for their faith.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 2005

Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr. MEEKS of New

York, Mr. HONDA, Mr. LANTOS, Mr. CONYERS, Mrs. JONES of Ohio, Mr.

GRIJALVA, Mr. ROTHMAN, Ms. MCCOLLUM of Minnesota, Mr. BURTON

of Indiana, Ms. BERKLEY, Mr. HOLT, Ms. JACKSON-LEE of Texas, Mr.

DINGELL, Mr. FILNER, Mr. ABERCROMBIE, Mr. SERRANO, Ms.

SCHAKOWSKY, Ms. LEE, Mr. FEENEY, Mr. HINCHEY, and Mr. ACKERMAN) submitted the following resolution; which was referred to the Committee on International Relations

RESOLUTION

Recognizing the commencement of Ramadan, the Islamic

holy month of fasting and spiritual renewal, and commending Muslims in the United States and throughout

the world for their faith.

Whereas since the terrorist attacks on the United States on

September 11, 2001, threats and incidents of violence

have been directed at law-abiding, patriotic Americans of

African, Arab, and South Asian descent, particularly

members of the Islamic faith;


23823f.AAB
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2

•HRES 472 IH

Whereas on September 14, 2001, the House of Representatives passed a concurrent resolution condemning bigotry

and violence against Arab-Americans, American Muslims,

and Americans from South Asia in the wake of the terrorist attacks in New York, New York, and Washington,

D.C.;

Whereas it is estimated that there are approximately

1,500,000,000 Muslims worldwide;

Whereas Ramadan is the holy month of fasting and spiritual

renewal for Muslims worldwide, and is the 9th month of

the Muslim calendar year; and

Whereas the observance of the Islamic holy month of Ramadan commences at dusk on October 4, 2005, and continues for one lunar month: Now, therefore, be it

1 Resolved, That—

2 (1) during this time of conflict, in order to

3 demonstrate solidarity with and support for mem4 bers of the community of Islam in the United States

5 and throughout the world, the House of Representa6 tives recognizes the Islamic faith as one of the great

7 religions of the world; and

8 (2) in observance of and out of respect for the

9 commencement of Ramadan, the Islamic holy month

10 of fasting and spiritual renewal, the House of Rep11 resentatives acknowledges the onset of Ramadan and

12 expresses its deepest respect to Muslims in the


23823f.AAC
27

3

•HRES 472 IH

1 United States and throughout the world on this sig2 nificant occasion.

Æ


23823f.AAD
28

1

H.L.C.

AMENDMENT TO H. RES. 472

OFFERED BY MR. HYDE

Strike the preamble and insert the following:

Whereas Ramadan is the holy month of fasting and spiritual

renewal for Muslims worldwide, when they renew their

commitment to lead lives of honesty, integrity, and compassion;

Whereas the month of Ramadan is an appropriate time for

the people of the United States to recognize the contributions made to the world and to this Nation by Muslims;

Whereas the month of Ramadan is a particularly appropriate

time for the people of the United States who are not

Muslims to learn about Islam and to greet their Muslim

fellow-citizens and wish them well; and Whereas the observance of the Islamic holy month of Ramadan commenced in the United States at dusk on October 4, 2005,

and continues for one lunar month: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That the House of Representatives acknowledges the

2 month of Ramadan and expresses its deepest respect to

3 Muslims in the United States and throughout the world

4 during this period of fasting and spiritual renewal.

Amend the title so as to read: ‘‘Resolution recognizing Ramadan, Islam’s holy month of fasting and spiritual renewal.


23823g.AAB
29

Chairman HYDE. Pursuant to notice, I call up the bill, H.R. 972, 

the Trafficking Victims Protection Reauthorization Act of 2005, for 

purposes of markup. Without objection, the bill may be considered 

as read and open for amendment at any point. 

[The bill referred to follows:]

30

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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2

•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


23823h.AAC
32

3

•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.


23823h.AAD
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4

•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


23823h.AAE
34

5

•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


23823h.AAF
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6

•HR 972 IH

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).


23823h.AAG
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7

•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 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00040 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

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8

•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 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00041 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

23823h.AAI
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9

•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 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00042 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

23823h.AAJ
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10

•HR 972 IH

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’’


23823h.AAK
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11

•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.’’.


23823h.AAL
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12

•HR 972 IH

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—


23823h.AAM
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13

•HR 972 IH

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


23823h.AAN
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14

•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


23823h.AAO
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15

•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;


23823h.AAP
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16

•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


23823h.AAQ
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17

•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


23823h.AAR
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18

•HR 972 IH

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

25 group residential facilities, such as the apVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00051 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

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•HR 972 IH

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;


23823h.AAT
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20

•HR 972 IH

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


23823h.AAU
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21

•HR 972 IH

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


23823h.AAV
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22

•HR 972 IH

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

23 buying of children, sexual exploitation of

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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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•HR 972 IH

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;

24 (ii) consult regularly with academi25 cians, faith-based organizations, multilatVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00067 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

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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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•HR 972 IH

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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•HR 972 IH

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

25 service providers and other relevant nongovernVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00076 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

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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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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

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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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47

•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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Chairman HYDE. The Chair recognizes the gentleman from New 

Jersey, Mr. Smith. 

Mr. SMITH FROM NEW JERSEY. Thank you very much, Mr. Chairman. I have an amendment in the nature of a substitute at the 

desk, and I ask for unanimous consent that it be considered as 

read and considered as the original text for the purposes of markup. 

[The amendment referred to follows:]

78

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 972

OFFERED BY MR. SMITH OF NEW JERSEY

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Trafficking Victims Protection Reauthorization Act of

4 2005’’.

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

6 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 conjunction with post-conflict and humanitarian emergency assistance.

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

Sec. 103. Enhancing prosecutions of trafficking in persons 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

assistance programs for certain persons subject to trafficking.

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

Sec. 204. Enhancing State and local efforts to combat trafficking in persons.

Sec. 205. Report to Congress.

Sec. 206. Definitions.

TITLE III—AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Authorizations of appropriations.


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2

H.L.C.

1 SEC. 2. FINDINGS.

2 Congress finds the following:

3 (1) The United States has demonstrated inter4 national leadership in combating human trafficking

5 and slavery through the enactment of the Traf6 ficking Victims Protection Act of 2000 (division A of

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

8 the Trafficking Victims Protection Reauthorization

9 Act of 2003 (Public Law 108–193).

10 (2) The United States Government currently

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

12 trafficked across international borders each year and

13 exploited through forced labor and commercial sex

14 exploitation. An estimated 80 percent of such indi15 viduals are women and girls.

16 (3) Since the enactment of the Trafficking Vic17 tims Protection Act of 2000, United States efforts

18 to combat trafficking in persons have focused pri19 marily on the international trafficking in persons,

20 including the trafficking of foreign citizens into the

21 United States.

22 (4) Trafficking in persons also occurs within

23 the borders of a country, including the United

24 States.

25 (5) No known studies exist that quantify the

26 problem of trafficking in children for the purpose of


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3

H.L.C.

1 commercial sexual exploitation in the United States.

2 According to a report issued by researchers at the

3 University of Pennsylvania in 2001, as many as

4 300,000 children in the United States are at risk for

5 commercial sexual exploitation, including trafficking,

6 at any given time.

7 (6) Runaway and homeless children in the

8 United States are highly susceptible to being domes9 tically trafficked for commercial sexual exploitation.

10 According to the National Runaway Switchboard,

11 every day in the United States, between 1,300,000

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

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

14 away from home before the age of 18.

15 (7) 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 (8) There is a need to protect populations in

25 post-conflict settings and humanitarian emergencies


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H.L.C.

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 is a need for further inte6 grated programs and strategies at the United States

7 Agency for International Development, the Depart8 ment of State, and the Department of Defense to

9 combat human trafficking, including through protec10 tion and prevention methodologies, in post-conflict

11 environments and during humanitarian emergencies.

12 (9) International and human rights organiza13 tions have documented a correlation between inter14 national deployments of military and civilian peace15 keepers and aid workers and a resulting increase in

16 the number of women and girls trafficked into pros17 titution in post-conflict regions.

18 (10) The involvement of employees and contrac19 tors of the United States Government and members

20 of the Armed Forces in trafficking in persons, facili21 tating the trafficking in persons, or exploiting the

22 victims of trafficking in persons is inconsistent with

23 United States laws and policies and undermines the

24 credibility and mission of United States Government

25 programs in post-conflict regions.


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H.L.C.

1 (11) Further measures are needed to ensure

2 that United States Government personnel and con3 tractors are held accountable for involvement with

4 acts of trafficking in persons, including by expand5 ing United States criminal jurisdiction to all United

6 States Government contractors abroad.

7 TITLE I—COMBATTING INTER8 NATIONAL TRAFFICKING IN

9 PERSONS

10 SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION

11 WITH POST-CONFLICT AND HUMANITARIAN

12 EMERGENCY ASSISTANCE.

13 (a) AMENDMENT.—Section 106 of the Trafficking

14 Victims Protection Act of 2000 (22 U.S.C. 7104) is

15 amended by adding at the end the following new sub16 section:

17 ‘‘(h) PREVENTION OF TRAFFICKING IN CONJUNC18 TION WITH POST-CONFLICT AND HUMANITARIAN EMER19 GENCY ASSISTANCE.—The United States Agency for

20 International Development, the Department of State, and

21 the Department of Defense shall incorporate anti-traf22 ficking and protection measures for vulnerable popu23 lations, particularly women and children, into their post24 conflict and humanitarian emergency assistance and pro25 gram activities.’’.


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H.L.C.

1 (b) STUDY AND REPORT.—

2 (1) STUDY.—

3 (A) IN GENERAL.—The Secretary of State

4 and the Administrator of the United States

5 Agency for International Development, in con6 sultation with the Secretary of Defense, shall

7 conduct a study regarding the threat and prac8 tice of trafficking in persons generated by post9 conflict and humanitarian emergencies in for10 eign countries.

11 (B) FACTORS.—In carrying out the study,

12 the Secretary of State and the Administrator of

13 the United States Agency for International De14 velopment shall examine—

15 (i) the vulnerabilities to human traf16 ficking of commonly affected populations,

17 particularly women and children, generated

18 by post-conflict and humanitarian emer19 gencies;

20 (ii) the various forms of trafficking in

21 persons, both internal and trans-border, in22 cluding both sexual and labor exploitation;

23 (iii) a collection of best practices im24 plemented to date to combat human traf25 ficking in such areas; and


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H.L.C.

1 (iv) proposed recommendations to bet2 ter combat trafficking in persons in con3 junction with post-conflict reconstruction

4 and humanitarian emergencies assistance.

5 (2) REPORT.—Not later than 180 days after

6 the date of the enactment of this Act, the Secretary

7 of State and the Administrator of the United States

8 Agency for International Development, with the con9 currence of the Secretary of Defense, shall transmit

10 to the Committee on International Relations and the

11 Committee on Armed Services of the House of Rep12 resentatives and the Committee on Foreign Rela13 tions and the Committee on Armed Services of the

14 Senate a report that contains the results of the

15 study conducted pursuant to 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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H.L.C.

1 (b) ESTABLISHMENT OF PILOT PROGRAM FOR RESI2 DENTIAL REHABILITATIVE FACILITIES FOR VICTIMS OF

3 TRAFFICKING.—

4 (1) STUDY.—

5 (A) IN GENERAL.—Not later than 180

6 days after the date of the enactment of this

7 Act, the Administrator of the United States

8 Agency for International Development shall

9 carry out a study to identify best practices for

10 the rehabilitation of victims of trafficking in

11 group residential facilities in foreign countries.

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

13 under subparagraph (A), the Administrator

14 shall—

15 (i) investigate factors relating to the

16 rehabilitation of victims of trafficking in

17 group residential facilities, such as the ap18 propriate size of such facilities, services to

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

20 (ii) give consideration to ensure the

21 safety and security of victims of traf22 ficking, provide alternative sources of in23 come for such victims, assess and provide

24 for the educational needs of such victims,

25 including literacy, and assess the psychoVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00089 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

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1 logical needs of such victims and provide

2 professional counseling, as appropriate.

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

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

5 Administrator of the United States Agency for

6 International Development shall establish and carry

7 out a pilot program to establish residential treat8 ment facilities in foreign countries for victims of

9 trafficking based upon the best practices identified

10 in the study.

11 (3) PURPOSES.—The purposes of the pilot pro12 gram established pursuant to paragraph (2) are to—

13 (A) provide benefits and services to victims

14 of trafficking, including shelter, psychological

15 counseling, and assistance in developing inde16 pendent living skills;

17 (B) assess the benefits of providing resi18 dential treatment facilities for victims of traf19 ficking, as well as the most efficient and cost20 effective means of providing such facilities; and

21 (C) assess the need for and feasibility of

22 establishing additional residential treatment fa23 cilities for victims of trafficking.

24 (4) SELECTION OF SITES.—The Administrator

25 of the United States Agency for International DevelVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00090 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 opment shall select 2 sites at which to operate the

2 pilot program established pursuant to paragraph (2).

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

4 out the responsibilities of this subsection, the Ad5 ministrator of the United States Agency for Inter6 national Development shall enter into contracts with,

7 or make grants to, organizations with relevant ex8 pertise in the delivery of services to victims of traf9 ficking.

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

11 date on which the first pilot program is established

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

13 United States Agency for International Development

14 shall submit to the Committee on International Re15 lations of the House of Representatives and the

16 Committee on Foreign Relations of the Senate a re17 port on the implementation of this subsection.

18 (7) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to the Ad20 ministrator of the United States Agency for Inter21 national Development to carry out this subsection

22 $2,500,000 for each of the fiscal years 2006 and

23 2007.


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H.L.C.

1 SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN

2 PERSONS OFFENSES.

3 (a) EXTRATERRITORIAL JURISDICTION OVER CER4 TAIN TRAFFICKING IN PERSONS OFFENSES.—

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

6 States Code, is amended by inserting after chapter

7 212 the following new chapter:

8 ‘‘CHAPTER 212A—EXTRATERRITORIAL JU9 RISDICTION OVER CERTAIN TRAF10 FICKING IN PERSONS OFFENSES

‘‘Sec.

‘‘3271. Trafficking in persons offenses committed by persons employed by or accompanying the Federal Government outside the United

States.

‘‘3272. Definitions.

11 ‘‘§ 3271. Trafficking in persons offenses committed by

12 persons employed by or accompanying

13 the Federal Government outside the

14 United States

15 ‘‘(a) Whoever, while employed by or accompanying

16 the Federal Government outside the United States, en17 gages in conduct outside the United States that would

18 constitute an offense under chapter 77 or 117 of this title

19 if the conduct had been engaged in within the United

20 States or within the special maritime and territorial juris21 diction of the United States shall be punished as provided

22 for that offense.


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H.L.C.

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

2 person under this section if a foreign government, in ac3 cordance with jurisdiction recognized by the United

4 States, has prosecuted or is prosecuting such person for

5 the conduct constituting such offense, except upon the ap6 proval of the Attorney General or the Deputy Attorney

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

8 function of approval may not be delegated.

9 ‘‘§ 3272. Definitions

10 ‘‘As used in this chapter:

11 ‘‘(1) The term ‘employed by the Federal Gov12 ernment outside the United States’ means—

13 ‘‘(A) employed as a civilian employee of the

14 Federal Government, as a Federal contractor

15 (including a subcontractor at any tier), or as an

16 employee of a Federal contractor (including a

17 subcontractor at any tier);

18 ‘‘(B) present or residing outside the

19 United States in connection with such employ20 ment; and

21 ‘‘(C) not a national of or ordinarily resi22 dent in the host nation.

23 ‘‘(2) The term ‘accompanying the Federal Gov24 ernment outside the United States’ means—

25 ‘‘(A) a dependant of—


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H.L.C.

1 ‘‘(i) a civilian employee of the Federal

2 Government; or

3 ‘‘(ii) a Federal contractor (including a

4 subcontractor at any tier) or an employee

5 of a Federal contractor (including a sub6 contractor at any tier);

7 ‘‘(B) residing with such civilian employee,

8 contractor, or contractor employee outside the

9 United States; and

10 ‘‘(C) not a national of or ordinarily resi11 dent in the host nation.’’.

12 (2) CLERICAL AMENDMENT.—The table of

13 chapters at the beginning of such part is amended

14 by inserting after the item relating to chapter 212

15 the following new item:

‘‘212A. Extraterritorial jurisdiction over certain trafficking in persons

offenses .......................................................................... 3271’’.

16 (b) LAUNDERING OF MONETARY INSTRUMENTS.—

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

18 amended—

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

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

21 and

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

23 clause:


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H.L.C.

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

2 buying of children, sexual exploitation of

3 children, or transporting, recruiting or har4 boring a person, including a child, for com5 mercial sex acts;’’.

6 (c) DEFINITION OF RACKETEERING ACTIVITY.—Sec7 tion 1961(B) of title 18, United States Code, is amended

8 by striking ‘‘1581—1591’’ and inserting ‘‘1581—1592’’.

9 (d) CIVIL AND CRIMINAL FORFEITURES.—

10 (1) IN GENERAL.—Chapter 117 of title 18,

11 United States Code, is amended by adding at the

12 end the following new section:

13 ‘‘§ 2428. Forfeitures

14 ‘‘(a) IN GENERAL.—The court, in imposing sentence

15 on any person convicted of a violation of this chapter, shall

16 order, in addition to any other sentence imposed and irre17 spective of any provision of State law, that such person

18 shall forfeit to the United States—

19 ‘‘(1) such person’s interest in any property, real

20 or personal, that was used or intended to be used to

21 commit or to facilitate the commission of such viola22 tion; and

23 ‘‘(2) any property, real or personal, constituting

24 or derived from any proceeds that such person obVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00095 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

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1 tained, directly or indirectly, as a result of such vio2 lation.

3 ‘‘(b) PROPERTY SUBJECT TO FORFEITURE.—

4 ‘‘(1) IN GENERAL.—The following shall be sub5 ject to forfeiture to the United States and no prop6 erty right shall exist in them:

7 ‘‘(A) Any property, real or personal, used

8 or intended to be used to commit or to facilitate

9 the commission of any violation of this chapter.

10 ‘‘(B) Any property, real or personal, that

11 constitutes or is derived from proceeds traceable

12 to any violation of this chapter.

13 ‘‘(2) APPLICABILITY OF CHAPTER 46.—The pro14 visions of chapter 46 of this title relating to civil for15 feitures shall apply to any seizure or civil forfeiture

16 under this subsection.’’.

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of such chapter is amended

19 by adding at the end the following new item:

‘‘2428. Forfeitures.’’.

20 SEC. 104. ENHANCING UNITED STATES EFFORTS TO COM21 BAT TRAFFICKING IN PERSONS.

22 (a) APPOINTMENT TO INTERAGENCY TASK FORCE

23 TO MONITOR AND COMBAT TRAFFICKING.—Section

24 105(b) of the Trafficking Victims Protection Act of 2000

25 (22 U.S.C. 7103(b)) is amended—


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H.L.C.

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) MINIMUM STANDARDS FOR THE ELIMINATION OF

9 TRAFFICKING.—

10 (1) AMENDMENTS.—Section 108(b) of the

11 Trafficking Victims Protection Act of 2000 (22

12 U.S.C. 7106(b)) is amended—

13 (A) in paragraph (3), by adding at the end

14 before the period the following: ‘‘, measures to

15 reduce the demand for commercial sex acts and

16 for participation in international sex tourism by

17 nationals of the country, measures to ensure

18 that its nationals who are deployed abroad as

19 part of a peacekeeping or other similar mission

20 do not engage in or facilitate severe forms of

21 trafficking in persons or exploit victims of such

22 trafficking, and measures to prevent the use of

23 forced labor or child labor in violation of inter24 national standards’’; and


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H.L.C.

1 (B) in the first sentence of paragraph (7),

2 by striking ‘‘persons,’’ and inserting ‘‘persons,

3 including nationals of the country who are de4 ployed abroad as part of a peacekeeping or

5 other similar mission who engage in or facilitate

6 severe forms of trafficking in persons or exploit

7 victims of such trafficking,’’.

8 (2) EFFECTIVE DATE.—The amendments made

9 by subparagraphs (A) and (B) of paragraph (1) take

10 effect beginning two years after the date of the en11 actment of this Act.

12 (c) RESEARCH.—

13 (1) AMENDMENTS.—Section 112A of the Traf14 ficking Victims Protection Act of 2000 (22 U.S.C.

15 7109a) is amended—

16 (A) in the first sentence of the matter pre17 ceding paragraph (1)—

18 (i) by striking ‘‘The President’’ and

19 inserting ‘‘(a) IN GENERAL.—The Presi20 dent’’; and

21 (ii) by striking ‘‘the Director of Cen22 tral Intelligence’’ and inserting ‘‘the Direc23 tor of National Intelligence’’;


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H.L.C.

1 (B) in paragraph (3), by adding at the end

2 before the period the following: ‘‘, particularly

3 HIV/AIDS’’;

4 (C) 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 (D) by further adding at the end the fol21 lowing 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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19

H.L.C.

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 (2) REPORT.—

13 (A) IN GENERAL.—Not later than one year

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

15 Human Smuggling and Trafficking Center (es16 tablished pursuant to section 7202 of the Intel17 ligence Reform and Terrorism Prevention Act

18 of 2004 (Public Law 108–458)) shall submit to

19 the appropriate congressional committees a re20 port on the results of the research initiatives

21 carried out pursuant to section 112A(4) of the

22 Trafficking Victims Protection Act of 2000 (as

23 added by paragraph (1)(C) of this subsection).


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H.L.C.

1 (B) DEFINITION.—In this paragraph, the

2 term ‘‘appropriate congressional committees’’

3 means—

4 (i) the Committee on International

5 Relations and the Committee on the Judi6 ciary of the House of Representatives; and

7 (ii) the Committee on Foreign Rela8 tions and the Committee on the Judiciary

9 of the Senate.

10 (d) FOREIGN SERVICE OFFICER TRAINING.—Section

11 708(a) of the Foreign Service Act of 1980 (22 U.S.C.

12 4028(a)) is amended—

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

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

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

16 Religious Freedom Act of 1998’’;

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

18 end;

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

20 the end and inserting ‘‘; and’’; and

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

22 ‘‘(3) instruction on international documents and

23 United States policy on trafficking in persons, in24 cluding provisions of the Trafficking Victims Protec25 tion Act of 2000 (division A of Public Law 106–386;


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H.L.C.

1 22 U.S.C. 7101 et seq.) which may affect the United

2 States bilateral relationships.’’.

3 (e) PREVENTION OF TRAFFICKING BY PEACE4 KEEPERS.—

5 (1) INCLUSION IN TRAFFICKING IN PERSONS

6 REPORT.—Section 110(b)(1) of the Trafficking Vic7 tims Protection Act of 2000 (22 U.S.C. 7107(b)(1))

8 is amended—

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

10 ‘‘and’’ at the end;

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

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

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

14 subparagraph:

15 ‘‘(D) information on the measures taken

16 by the United Nations, the Organization for Se17 curity and Cooperation in Europe, the North

18 Atlantic Treaty Organization and, as appro19 priate, other multilateral organizations in which

20 the United States participates, to prevent the

21 involvement of the organization’s employees,

22 contractor personnel, and peacekeeping forces

23 in trafficking in persons or the exploitation of

24 victims of trafficking.’’.


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H.L.C.

1 (2) REPORT BY SECRETARY OF STATE.—At

2 least 15 days prior to voting for a new or reauthor3 ized peacekeeping mission under the auspices of the

4 United Nations, the North Atlantic Treaty Organi5 zation, or any other multilateral organization in

6 which the United States participates (or in an emer7 gency, as far in advance as is practicable), the Sec8 retary of State shall submit to the Committee on

9 International Relations of the House of Representa10 tives, the Committee on Foreign Relations of the

11 Senate, and any other appropriate congressional

12 committee a report that contains—

13 (A) a description of measures taken by the

14 organization to prevent the organization’s em15 ployees, contractor personnel, and peacekeeping

16 forces serving in the peacekeeping mission from

17 trafficking in persons, exploiting victims of traf18 ficking, or committing acts of sexual exploi19 tation or abuse, and the measures in place to

20 hold accountable any such individuals who en21 gage in any such acts while participating in the

22 peacekeeping mission; and

23 (B) an analysis of the effectiveness of each

24 of the measures referred to in subparagraph

25 (A).


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H.L.C.

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

3 (a) ACTIVITIES OF THE DEPARTMENT OF STATE.—

4 (1) FINDING.—Congress finds that in the re5 port submitted to Congress by the Secretary of State

6 in June 2005 pursuant to section 110(b) of the

7 Trafficking Victims Protection Act of 2000 (22

8 U.S.C. 7107(b)), the list of countries whose govern9 ments do not comply with the minimum standards

10 for the elimination of trafficking and are not making

11 significant efforts to bring themselves into compli12 ance was composed of a large number of countries

13 in which the trafficking involved forced labor, includ14 ing the trafficking of women into domestic servitude.

15 (2) SENSE OF CONGRESS.—It is the sense of

16 Congress that the Director of the Office to Monitor

17 and Combat Trafficking of the Department of State

18 should intensify the focus of the Office on forced

19 labor in the countries described in paragraph (1)

20 and other countries in which forced labor continues

21 to be a serious human rights concern.

22 (b) ACTIVITIES OF THE DEPARTMENT OF LABOR.—

23 (1) IN GENERAL.—The Secretary of Labor, act24 ing through the head of the Bureau of International

25 Labor Affairs of the Department of Labor, shall

26 carry out additional activities to monitor and combat


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H.L.C.

1 forced labor and child labor in foreign countries as

2 described in paragraph (2).

3 (2) ADDITIONAL ACTIVITIES DESCRIBED.—The

4 additional activities referred to in paragraph (1)

5 are—

6 (A) to monitor the use of forced labor and

7 child labor in violation of international stand8 ards;

9 (B) to provide information regarding traf10 ficking in persons for the purpose of forced

11 labor to the Office to Monitor and Combat

12 Trafficking of the Department of State for in13 clusion in trafficking in persons report required

14 by section 110(b) of the Trafficking Victims

15 Protection Act of 2000 (22 U.S.C. 7107(b));

16 (C) to develop and make available to the

17 public a list of goods from countries that the

18 Bureau of International Labor Affairs has rea19 son to believe are produced by forced labor or

20 child labor in violation of international stand21 ards;

22 (D) to work with persons who are involved

23 in the production of goods on the list described

24 in subparagraph (C) to create a standard set of

25 practices that will reduce the likelihood that


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1 such persons will produce goods using the labor

2 described in such subparagraph; and

3 (E) to consult with other departments and

4 agencies of the United States Government to

5 reduce forced and child labor internationally

6 and ensure that products made by forced labor

7 and child labor in violation of international

8 standards are not imported into the United

9 States.

10 TITLE II—COMBATTING DOMES11 TIC TRAFFICKING IN PER12 SONS

13 SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN

14 PERSONS.

15 (a) PROGRAM TO REDUCE DEMAND FOR COMMER16 CIAL SEX ACTS.—

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

18 Human Services and the Attorney General shall

19 identify best practices to reduce the demand for

20 commercial sex acts in the United States and shall

21 carry out a program to implement such best prac22 tices.

23 (2) REPORTS.—The Secretary and the Attorney

24 General shall prepare and post on the respective

25 Internet Web sites of the Department of Health and


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1 Human Services and the Department of Justice re2 ports on the best practices identified under para3 graph (1).

4 (3) DEFINITION.—In this subsection, the term

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

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

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

8 (b) TERMINATION OF CERTAIN GRANTS, CON9 TRACTS, AND COOPERATIVE AGREEMENTS.—Section

10 106(g) of the Trafficking Victims Protection Act of 2000

11 (22 U.S.C. 7104) is amended—

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

13 paragraph (2)’’; and

14 (2) by striking paragraph (2).

15 SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DE16 VELOP, EXPAND, AND STRENGTHEN ASSIST17 ANCE PROGRAMS FOR CERTAIN PERSONS

18 SUBJECT TO TRAFFICKING.

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

20 appropriations, the Secretary of Health and Human Serv21 ices may make grants to States, Indian tribes, units of

22 local government, and nonprofit, nongovernmental victims’

23 service organizations to develop, expand, and strengthen

24 assistance programs for United States citizens or aliens

25 admitted for permanent residence who are the subject of


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H.L.C.

1 sex trafficking or severe forms of trafficking in persons

2 that occurs, in whole or in part, within the territorial juris3 diction of the United States.

4 (b) SELECTION FACTOR.—In selecting among appli5 cants for grants under subsection (a), the Secretary shall

6 give priority to applicants with experience in the delivery

7 of services to persons who have been subjected to sexual

8 abuse or commercial sexual exploitation and to applicants

9 who would employ survivors of sexual abuse or commercial

10 sexual exploitation as part of their proposed project.

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

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

13 75 percent of the total costs of the projects described in

14 the application submitted.

15 SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAF16 FICKING IN PERSONS.

17 (a) ESTABLISHMENT OF PILOT PROGRAM.—Not

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

19 this Act, the Secretary of Health and Human Services

20 shall establish and carry out a pilot program to establish

21 residential treatment facilities in the United States for ju22 veniles subjected to trafficking.

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

24 established pursuant to subsection (a) are to—


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H.L.C.

1 (1) provide benefits and services to juveniles

2 subjected to trafficking, including shelter, psycho3 logical counseling, and assistance in developing inde4 pendent living skills;

5 (2) assess the benefits of providing residential

6 treatment facilities for juveniles subjected to traf7 ficking, as well as the most efficient and cost-effec8 tive means of providing such facilities; and

9 (3) assess the need for and feasibility of estab10 lishing additional residential treatment facilities for

11 juveniles subjected to trafficking.

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

13 and Human Services shall select 3 sites at which to oper14 ate the pilot program established pursuant to subsection

15 (a).

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

17 responsibilities of this section, the Secretary of Health and

18 Human Services shall enter into contracts with, or make

19 grants to, organizations with relevant expertise in the de20 livery of services to juveniles who have been subjected to

21 sexual abuse or commercial sexual exploitation.

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

23 on which the first pilot program is established pursuant

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


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H.L.C.

1 Services shall submit to Congress a report on the imple2 mentation of this section.

3 (f) DEFINITION.—In this section, the term ‘‘juvenile

4 subjected to trafficking’’ means a United States citizen,

5 or alien admitted for permanent residence, who is the sub6 ject of sex trafficking or severe forms of trafficking in per7 sons that occurs, in whole or in part, within the territorial

8 jurisdiction of the United States and who has not attained

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

10 having been the subject of sex trafficking or severe forms

11 of trafficking in persons.

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Secretary of

14 Health and Human Services to carry out this section

15 $5,000,000 for each of the fiscal years 2006 and 2007.

16 SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO

17 COMBAT TRAFFICKING IN PERSONS.

18 (a) ESTABLISHMENT OF GRANT PROGRAM FOR LAW

19 ENFORCEMENT.—Subject to the availability of appropria20 tions, the Attorney General may make grants to States

21 and local law enforcement agencies to develop, expand, or

22 strengthen programs to investigate and prosecute acts of

23 severe forms of trafficking in persons that involve United

24 States citizens, or aliens admitted for permanent resiVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00110 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 dence, and that occur, in whole or in part, within the terri2 torial jurisdiction of the United States.

3 (b) MULTI-DISCIPLINARY APPROACH REQUIRED.—

4 Grants under subsection (a) may be made only for pro5 grams in which the State or local law enforcement agency

6 works collaboratively with victim service providers and

7 other relevant nongovernmental organizations, including

8 faith-based organizations and organizations with experi9 ence in the delivery of services to persons who are the sub10 ject of trafficking in persons.

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

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

13 75 percent of the total costs of the projects described in

14 the application submitted.

15 SEC. 205. REPORT TO CONGRESS.

16 Section 105(d)(7) of the Trafficking Victims Protec17 tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—

18 (1) in subparagraph (F), by striking ‘‘and’’ at

19 the end;

20 (2) by redesignating subparagraph (G) as sub21 paragraph (H); and

22 (3) by inserting after subparagraph (F) the fol23 lowing new subparagraph:

24 ‘‘(G) the amount, recipient, and purpose of

25 each grant under sections 202 and 204 of the


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H.L.C.

1 Trafficking Victims Protection Reauthorization

2 Act of 2005; and’’.

3 SEC. 206. DEFINITIONS.

4 In this title:

5 (1) SEVERE FORMS OF TRAFFICKING IN PER6 SONS.—The term ‘‘severe forms of trafficking in

7 persons’’ has the meaning given the term in section

8 103(8) of the Trafficking Victims Protection Act of

9 2000 (22 U.S.C. 7102(8)).

10 (2) SEX TRAFFICKING.—The term ‘‘sex traf11 ficking’’ has the meaning given the term in section

12 103(9) of the Trafficking Victims Protection Act of

13 2000 (22 U.S.C. 7102(9)).

14 TITLE III—AUTHORIZATIONS OF

15 APPROPRIATIONS

16 SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

17 Section 113 of the Trafficking Victims Protection Act

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

19 (1) in subsection (a)—

20 (A) by striking ‘‘and $5,000,000’’ and in21 serting ‘‘$5,000,000’’;

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

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

24 fiscal years 2006 and 2007’’; and


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H.L.C.

1 (C) by further adding at the end the fol2 lowing new sentence: ‘‘In addition, there are au3 thorized to be appropriated to the Office to

4 Monitor and Combat Trafficking for official re5 ception and representation expenses $3,000 for

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

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

8 2005’’ and inserting ‘‘2004, 2005, 2006, and 2007’’;

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

10 2005’’ each place it appears and inserting ‘‘2004,

11 2005, 2006, and 2007’’;

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

13 2005’’ each place it appears and inserting ‘‘2004,

14 2005, 2006, and 2007’’;

15 (5) in subsection (e)—

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

17 ‘‘2003 through 2005’’ and inserting ‘‘2003

18 through 2007’’; and

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

20 ‘‘$300,000 for fiscal year 2004 and $300,000

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

22 for each of the fiscal years 2004 through

23 2007’’;


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H.L.C.

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

2 2005’’ and inserting ‘‘2004, 2005, 2006, and 2007’’;

3 and

4 (7) by adding at the end the following new sub5 sections:

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS TO DI7 RECTOR OF THE FBI.—There are authorized to be appro8 priated to the Director of the Federal Bureau of Investiga9 tion $15,000,000 for fiscal year 2006, to remain available

10 until expended, to investigate severe forms of trafficking

11 in persons.

12 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS TO THE

13 SECRETARY OF HOMELAND SECURITY.—There are au14 thorized to be appropriated to the Secretary of Homeland

15 Security, $18,000,000 for each of the fiscal years 2006

16 and 2007, to remain available until expended, for inves17 tigations by the Bureau of Immigration and Customs En18 forcement of severe forms of trafficking in persons.’’.


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

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

to a Full Committee markup. 

In supporting the Trafficking Victims Protection Act and its first 

reauthorization in 2003, you, Mr. Lantos, and this Committee have 

demonstrated a commitment to eradicate the scourge of modern 

day slavery and to bring healing to its victims. 

Mr. Chairman, this legislation, H.R. 972, which has now almost 

75 co-sponsors, is totally bipartisan. Mr. Lantos, Mr. Payne, Ms. 

Ros-Lehtinen, Mr. Pence, Mr. Faleomavaega, to name just a few, 

are all co-sponsors of the legislation. 

The bill will continue the progress begun by the Trafficking Victims Protection Act (TVPA) of 2000, which helped transform the 

way our Government, the private sector, and governments around 

the world respond to the crime of trafficking. 

Since enactment of the TVPA, the traffickers here and abroad 

are increasingly likely to face prosecution and conviction. In contrast to the full year period before its enactment, the Department 

of Justice has in the last 4 years initiated more than three times 

the number of investigations into human trafficking, filed almost 

four times as many cases, charged more than twice as many defendants, and doubled the number of defendants who are convicted. 

Worldwide, nearly 7,000 traffickers were prosecuted last year, 

and more than 3,000 were convicted. These law enforcement statistics reflect an increase in the number of convictions from previous 

years and demonstrate the importance of countries acquiring the 

legal tools necessary to combat trafficking. 

Of course, having the political will is necessary to implement 

those tools and to provide those tools is something that this bill is 

all about. 

Mr. Chairman, I am heartened that victims of trafficking today 

are more likely to receive lifesaving assistance from governments, 

NGOs, and faith communities. Since 2001, more than 600 survivors 

in the United States have received assistance through the Department of Health and Human Services. More than 400 victims have 

received a T-visa, which allows them to remain in the U.S. to rebuild their shattered lives. 

Much has been accomplished and yet countless people continue 

to be bought and sold like cattle for exploitation each and every 

day. Current estimates are that 600,000 to 800,000 people are trafficked across international borders each year, and millions more 

are trafficked internally within the borders of several countries 

around the world. 

This bill continues to advance the fight against international 

trafficking, and for the first time also bringing into focus the internal trafficking of American citizens and residents right in our own 

backyard. 

Both before and after the introduction of H.R. 972 we consulted 

widely with relevant NGOs and U.S. Government officials, as well 

as with the Majority and Minority Members and staff of the other 

112

Committees of jurisdiction, and this was referred, as you know, to 

several other Committees. 

The amendment in the nature of a substitute that I propose reflects the outcome of those consultations. Specifically, pursuant to 

the amendment, H.R. 972 would: One, direct the State Department 

and USAID, working with the Department of Defense, to study and 

report on additional trafficking prevention strategies for post-conflict and post-natural disaster relief programs; second, create criminal jurisdiction in U.S. courts over Federal contractors, government 

employees and their dependents who engage in trafficking while 

overseas on official business; three, require the State Department’s 

annual Trafficking in Persons Report to include information on efforts by the United Nations, the OSCE, and NATO to eliminate involvement in trafficking by the organizations’ personnel, contractors, and peacekeepers; four, require the Secretary of State to report to Congress at least 15 days prior to voting for a peacekeeping 

mission about the measures taken by the UN or other international 

organizations to prevent peacekeepers from engaging in trafficking 

or committing acts of sexual exploitation or abuse and to hold accountable any who engage in any such acts. 

I would note parenthetically that our Subcommittee has had two 

very disturbing hearings on the misdeeds by UN peacekeepers in 

the Congo, for example, and this tries to preemptively get at that 

problem so that there are safeguards and guidelines already in 

place. 

Fifth, amend the criteria by which countries are evaluated in the 

Trafficking in Persons Report by allowing consideration of foreign 

governments’ efforts to reduce demand for commercial sex acts, 

which is linked to such trafficking, to prevent sex tourism, to ensure that peacekeeping troops do not exploit trafficking victims, 

and to prevent forced labor or child labor in violation of international standards; sixth, direct USAID to direct a pilot program 

for residential rehab facilities for trafficking victims in two locations abroad. HHS would also run a similar program in the United 

States with three pilot programs and would also be authorized to 

create grant programs to combat trafficking of American citizens; 

seventh, direct the President to conduct specialized research on 

trafficking, including research on the use of human trafficking to 

finance terrorist activities; and finally, the bill would reauthorize 

appropriations for fiscal years 2006 and 2007 for anti-trafficking 

programs of all relevant agencies, including the State Department 

and U.S. Agency for International Development. 

Mr. Chairman, I want to say a special thanks to a number of 

staffers who have worked long and hard during the course of the 

last 6 months on this legislation, beginning with our Director of 

Policy, Eleanor Nagy; Maureen Walsh, who is the General Counsel 

for the OSCE, the Helsinki Commission; David Abramowitz who 

worked as he did in 2000 and 2003, working with us hand-andglove, made a number of very important recommendations that are 

reflected in the bill; Renee Austell, who also worked extremely 

hard on this legislation; and John Cerofin, who is our General 

Counsel, for his excellent work, particularly with the other Committees of jurisdiction where the negotiations at time are very deliVerDate Mar 21 2002 16:48 Mar 13, 2006 Jkt 000000 PO 00000 Frm 00116 Fmt 6633 Sfmt 6633 F:\WORK\FULL\100705M\23823.000 HINTREL1 PsN: SHIRL
113

cate and very difficult. I want to thank all of our staff for their invaluable and very, very productive work. 

I yield back the balance of my time. 

Chairman HYDE. Mr. Lantos? 

Mr. LANTOS. Mr. Chairman, I will be brief. I want to support the 

legislation, of course, of which I am a co-sponsor, and I want to pay 

special tribute to my friend from New Jersey, Chris Smith, who 

has been leading the Congress on this most important issue with 

his customary perseverance, passion and intensity. 

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

Thank you. 

Chairman HYDE. Are there any amendments? 

[No response.] 

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

Menendez? 

Mr. MENENDEZ. Thank you, Mr. Chairman. I do not have an 

amendment, but I just do want to briefly speak on the bill. 

I want to thank my colleague from New Jersey, Congressman 

Smith, for his leadership on this issue. I am proud that someone 

from my own home State has dedicated himself to ending trafficking of people around the world, and I think, in fact, because of 

his leadership, and also joined by the work of Mr. Payne and others, countries around the world have been forced to change their 

laws and to improve enforcement. 

Mr. Smith talked about the statistics, 600,000 to 800,000 people 

forced to cross borders to become slaves and prostitutes, 2 million 

to 4 million people within their own countries. When we look at 

those numbers, the vast majority of these are women and girls. As 

we fight to end trafficking, we are also fighting for the rights of 

women and girls around the world. 

I think it is easy to forget that each of those numbers represents 

a human being, a daughter, a sister, a mother, or a son who is suffering. It is easy to forget that each of these people are part of a 

family that has been torn apart by trafficking. 

It is easy to forget the number of individuals trafficking hides, 

even a greater number of families around the world devastated by 

trafficking. I am proud to be a co-sponsor and a strong supporter 

of this legislation which reauthorized programs designed to attack 

trafficking both at home and abroad. 

I particularly just want to take, as the Ranking Member of the 

Western Hemisphere Subcommittee, a moment to say I was deeply 

concerned to see that 5 of the 14 tier 3 countries, as designated by 

the State Department, were from Latin America or the Caribbean. 

Tier 3 countries are the worst violators. They are not complying 

with minimum standards to eliminate trafficking. Even worse, they 

are not making a significant effort to fix things. 

Now, I understand from the Presidential determination issued at 

the end of September that Bolivia and Jamaica have taken steps 

to come into compliance. I certainly hope they will continue to do 

so. According to that same document, Cuba, Ecuador, and Venezuela are not making any significant efforts to stop trafficking. 

Let us be clear, these countries are only hurting their own people 

by allowing exploitation and trafficking in their countries. 

114

I am also saddened to say that our hemisphere has become a 

mecca for sex tourists from around the world. Tens of thousands 

of women and children from across the countries of Latin America 

and the Caribbean are trafficked and then forced into prostitution 

or are sexually exploited. Brazil, Mexico, Honduras, Costa Rica, 

Trinidad, Tobago, Argentina, and the Dominican Republic are 

among the favorite destinations of sex tourists from around the 

world. 

According to information cited by the Congressional Research 

Service, Brazil has one of the largest child prostitution problems in 

the world. In Cuba, the regime, itself, sponsors a tourist industry 

which promotes the sexual exploitation of children. We have to do 

everything possible to end this human exploitation in our own 

hemisphere. 

Article V of the Universal Declaration of Human Rights states, 

‘‘No one shall be subject to torture or cruel, inhumane or degrading 

treatment or punishment.’’ Mr. Smith’s legislation takes these 

words and turns them into action, and I salute him once again. 

Chairman HYDE. The question occurs on the amendment in the 

nature of a substitute. All in favor say aye. 

[Chorus of ayes.] 

Chairman HYDE. Opposed nay? 

[No response.] 

Chairman HYDE. The question occurs on the motion to report the 

bill favorably as amended by the amendment in the nature of a 

substitute. All in favor say aye. 

[Chorus of ayes.] 

Chairman HYDE. Opposed nay? 

[No response.] 

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

favorably adopted. 

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

conforming changes. 

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

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

Æ