[House Hearing, 106 Congress]
[From the U.S. Government Publishing Office]
H.R. 1356, THE FREEDOM FROM SEXUAL TRAFFICKING ACT OF 1999
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MARKUP
BEFORE THE
SUBCOMMITTEE ON
INTERNATIONAL OPERATIONS AND HUMAN RIGHTS
OF THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTH CONGRESS
FIRST SESSION
ON
__________
AUGUST 4, 1999
__________
Serial No. 106-62
__________
Printed for the use of the Committee on International Relations
U.S. GOVERNMENT PRINTING OFFICE
60-798 CC WASHINGTON : 1999
COMMITTEE ON INTERNATIONAL RELATIONS
BENJAMIN A. GILMAN, New York, Chairman
WILLIAM F. GOODLING, Pennsylvania SAM GEJDENSON, Connecticut
JAMES A. LEACH, Iowa TOM LANTOS, California
HENRY J. HYDE, Illinois HOWARD L. BERMAN, California
DOUG BEREUTER, Nebraska GARY L. ACKERMAN, New York
CHRISTOPHER H. SMITH, New Jersey ENI F.H. FALEOMAVAEGA, American
DAN BURTON, Indiana Samoa
ELTON GALLEGLY, California MATTHEW G. MARTINEZ, California
ILEANA ROS-LEHTINEN, Florida DONALD M. PAYNE, New Jersey
CASS BALLENGER, North Carolina ROBERT MENENDEZ, New Jersey
DANA ROHRABACHER, California SHERROD BROWN, Ohio
DONALD A. MANZULLO, Illinois CYNTHIA A. McKINNEY, Georgia
EDWARD R. ROYCE, California ALCEE L. HASTINGS, Florida
PETER T. KING, New York PAT DANNER, Missouri
STEVE CHABOT, Ohio EARL F. HILLIARD, Alabama
MARSHALL ``MARK'' SANFORD, South BRAD SHERMAN, California
Carolina ROBERT WEXLER, Florida
MATT SALMON, Arizona STEVEN R. ROTHMAN, New Jersey
AMO HOUGHTON, New York JIM DAVIS, Florida
TOM CAMPBELL, California EARL POMEROY, North Dakota
JOHN M. McHUGH, New York WILLIAM D. DELAHUNT, Massachusetts
KEVIN BRADY, Texas GREGORY W. MEEKS, New York
RICHARD BURR, North Carolina BARBARA LEE, California
PAUL E. GILLMOR, Ohio JOSEPH CROWLEY, New York
GEORGE P. RADANOVICH, California JOSEPH M. HOEFFEL, Pennsylvania
JOHN COOKSEY, Louisiana
THOMAS G. TANCREDO, Colorado
Richard J. Garon, Chief of Staff
Kathleen Bertelsen Moazed, Democratic Chief of Staff
------
Subcommittee on International Operations and Human Rights
CHRISTOPHER H. SMITH, New Jersey, Chairman
WILLIAM F. GOODLING, Pennsylvania CYNTHIA A. MCKINNEY, Georgia
HENRY J. HYDE, Illinois ENI F.H. FALEOMAVAEGA, American
DAN BURTON, Indiana Samoa
CASS BALLENGER, North Carolina EARL F. HILLIARD, Alabama
PETER T. KING, New York BRAD SHERMAN, California
MATT SALMON, Arizona WILLIAM D. DELAHUNT, Massachusetts
THOMAS G. TANCREDO, Colorado GREGORY W. MEEKS, New York
Grover Joseph Rees, Subcommittee Staff Director
George Colvin, Pearson Fellow for Ranking Member
Douglas C. Anderson, Counsel
Nicolle A. Sestric, Staff Associate
C O N T E N T S
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APPENDIX
Page
Prepared Statement
Hon. Christopher H. Smith, a U.S. Representatives in Congress
from the State of New Jersey, Chairman, Subcommittee on
International Operations and Human Rights...................... 35
Bill and Amendment
H.R. 1356, The Freedom from Sexual Trafficking Act of 1999....... 10
Amendment to H.R. 1356, offered by Hon. Christopher H. Smith..... 34
MARKUP OF H.R. 1356, THE FREEDOM FROM SEXUAL TRAFFICKING ACT OF 1999
----------
Wednesday, August 4, 1999
House of Representatives,
Subcommittee on International
Operations and Human Rights,
Committee on International Relations,
Washington, D.C.
The Subcommittee met, pursuant to call, at 2:06 p.m., in
room 2200, Rayburn House Office Building, Hon. Christopher H.
Smith (Chairman of the Subcommittee) presiding.
Mr. Smith. The Subcommittee will come to order. Good
afternoon. We meet to consider H.R. 1356, the Freedom from
Sexual Trafficking Act of 1999, pursuant to call, and the
Ranking Member, Ms. McKinney from Georgia, will join us
momentarily. But I will give a few opening remarks and then we
will proceed with the markup after Mr. Goodling and Ms.
McKinney have made their opening remarks.
Each year up to a million innocent victims, of whom the
overwhelming majority are women and children, are brought by
force and or fraud into the international commercial sex
industry. Efforts by the U.S. Government, international
organizations, and others to stop this brutal practice have
thus far proved unsuccessful. Indeed, all the evidence suggests
that instances of forcible and or fraudulent sexual trafficking
are far more numerous than just a few years ago.
Only yesterday, the front page of the Wall Street Journal
told the story of thousands of women who have been abducted in
Vietnam and sold in China.
The problem is not abstract; it shatters the lives of real
women and children. In Russia, for example, traffickers prey on
orphanages. In a typical scenario a trafficker will pay an
orphanage director approximately $12,000 to take a group of
children on a ``field trip'' to the local McDonald's. The group
of children will then leave the orphanage with the trafficker
and never be seen or heard from again.
Part of the problem is that current laws and law
enforcement strategies in the United States and in other
nations often punish the victims more severely than they punish
the perpetrators. When a sex-for-hire establishment is raided,
the women--and sometimes children--in the brothel are typically
deported if they are noncitizens of the country in which the
establishment is located, without reference to whether their
participation was voluntary or involuntary, and without
reference to whether they will face retribution or other
serious harm upon return. This not only inflicts further
cruelty on the victims; it leaves nobody to testify against the
real criminals, and frightens other victims from coming
forward.
H.R. 1356, the Freedom from Sexual Trafficking Act, would
reverse this cruel and ineffective approach. It is designed to
protect and assist the victims of sexual trafficking while
inflicting severe and certain punishment on perpetrators. The
central principle behind this legislation is that a person who
knowingly operates an enterprise that profits from sex acts
involving persons who have been brought across international
boundaries for such purposes by force or fraud should receive
punishment commensurate with that given to those who commit
forcible rape. This would not only be a just punishment but
also a powerful deterrent.
H.R. 1356 would implement this principle across the board.
First, it would modify U.S. Criminal law to provide severe
punishment up to and including life imprisonment for persons
convicted of operating such enterprises wholly or partly within
the United States, and of course that includes transporting and
other aspects of bringing the women across the Federal lines.
It would also establish an office for the protection of
victims of trafficking within the State Department, which would
report annually on foreign countries that fail to criminalize
and appropriately punish international sexual trafficking
involving the use of force and/or fraud and to make other
serious and sustained efforts to prevent it from operating
within and across their borders. It would then prohibit
nonhumanitarian U.S. assistance to such foreign countries
unless this prohibition is waived by the President.
The bill also provides victim assistance and protection.
This includes grants to shelters and rehabilitation programs
for victims of forcible and/or fraudulent sexual trafficking.
It also includes a relief from deportation for victims who
would face retribution or other hardship if removed from the
United States. It makes clear that the trafficking victims are
eligible for the Federal witness protection plan and provides
them with a private right of action against those who have
profited by the harm that was done to them.
Finally, the bill authorizes grants for training for law
enforcement agencies in foreign countries in the investigation
and prosecution of international sexual trafficking, as well as
for assistance in drafting and implementation of
antitrafficking legislation.
I am aware that this bill has some critics. For example,
the Administration objects to the establishment of a new office
within the State Department. But the Department already
contains numerous offices devoted to a myriad of other concerns
such as the Office of Multimedia Publishing Services, the
Office of Small and Disadvantaged Business Utilization, the
Office of Marine Conservation, and the Office of Press
Relations. The millions of women and children victimized by
worldwide sexual trafficking deserve no less attention than
protocol and plankton.
I stand ready, however, to work with the Administration
toward a mutually agreeable solution so long as the
Administration is committed to genuine negotiation and
compromise.
Let me just make a couple of points and then I will yield
to any of my colleagues if they have any comments that they
would like to make.
I recently led a delegation to the OSCE assembly in St.
Petersburg and during the course of that deliberation we were
able to get passed a very strong, strongly worded resolution
calling on all of the members of the OSCE to take effective
action in their own country and to work in a collaborative way
with other Nations to mitigate in the short term and completely
end this heinous practice. I was amazed, in some of the
conversations that I had in bilaterals and individually,
including with the Speaker of the Duma, there was a sense of
disbelief and ``not here,'' ``it doesn't happen here,'' or
``that is just prostitutes, what are we worried about them for?
'' I think that shows a gross insensitivity to this
exploitation of women and I do believe that we can and must
lead by example. This legislation attempts to do that.
We did pass, like I said, that resolution. It passed
unanimously. It was a very spirited debate. One amendment was
offered by the Russians that actually strengthened it in the
end. But there has to be a prioritization given to this and
there must be tools available in order to make prosecutions
effective and so that we put these individuals behind bars,
hopefully for the rest of their lives, when they commit these
terrible crimes.
I would like to yield to any of my colleagues if they have
any opening comments. We are awaiting Ms. McKinney, who will be
here shortly. Mr. Goodling? Mr. Ballenger?
Mr. Goodling. I might offer an amendment dealing with
punishment for the men involved. I think the amendment would be
germane; it might not be humane. So I will not offer it.
Mr. Smith. I take your drift. I do think that would be
proportionate. I think the gentleman makes an excellent point,
even with the use of humor. We really are all about a very
serious undertaking here but the sad part is the traffickers--
the people who coerce and defraud and force these women into
these despicable situations--very often go scot free. We are
now lacking I believe not only the right kind of law that makes
prosecutions more likely, but also a prosecution strategy on
the part of our U.S. Attorneys and others to go after these
individuals who are exploiting these women.
Yes, there is some work being done. All of it is positive.
But there must be much, much more. One of the ironies of the
fall of the Soviet Union and the breakup of the Soviet Union
has been that the explosion of poverty that has occurred has
resulted in a very fertile ground for organized crime--the
syndicates, the Russian Mafia, the Ukrainian Mafia--to prey
upon these women.
I recently received a cable from some folks in Russia
talking about what happened when some of our consular people
met with other consular people in St. Petersburg in follow-up
to some of the conversations we had there, and the responses
from some of the other nation's representatives ranged from
``they need to get more information,'' to ``they have heard
rumors of this,'' to one who said they raised it with the
Russian police who said ``there is none of that going on here,
our women are just more beautiful,'' and just laughed. That
kind of dismissal of this issue is absolutely unacceptable and
we need to lead, like I said, by example.
Mr. Ballenger. I would just, you know, I have seen one
story on TV that kind of covered this a little bit. But I was
reading the story about your, I guess, Jersey City Police
director. This Zalisko, he knows where the women are and doing
all of this. There is no law being broken anywhere?
Mr. Smith. There are laws, but there is a problem of too
few resources being focused on it and the laws are relatively
weak. We have done some study on the maximum penalties that can
be meted out, and they are up to 10-years. But they are very
seldom given to those who commit these kinds of crimes. To a
large extent there is a problem with law enforcement not taking
this as seriously as it should. That goes for this side of the
Atlantic and especially for the other side of the Atlantic.
Mr. Ballenger. He mentioned 3- to 5,000 women just in that
area of New Jersey. Kind of blows your mind. Like I said, what
little bit I knew I saw on TV and that is it. But I commend you
for being involved. Somebody has got to care.
Mr. Smith. I appreciate that, Mr. Ballenger. As we know
with U.S. Attorneys, when they decide what they are going to
prosecute, they certainly have prosecutorial discretion. If the
penalty is too low, they are more likely to skip going after a
certain kind of crime and will focus instead on something where
there is a higher penalty if conviction is realized. That is
the problem we face with our current law. It is infirm.
I have looked at some of the comments from those who are
not necessarily enamored of what we are trying to do here. They
make that point that part of the legislation says that we are
to track what is going on in other countries, and the President
has a national interest waiver so he doesn't have to impose
sanctions, but nonhumanitarian sanctions can be imposed if
certain criteria are not met and they are minimal criteria.
It was suggested that somehow the U.S. would not live up to
those criteria if they were applied to us. If that be the case,
shame on us our law is not sufficiently strong, and has not
prioritized this issue. Maybe it is because this has been
thrust upon us so quickly. It is almost like when crack finally
hit the streets. I remember in the city of Trenton police
officers telling me that overnight this changed the whole crime
scene, and yet we didn't respond to it in a substantive way for
a couple of years. Slow learning curve. Hopefully, that will
not be the case here.
We do have a quorum. I think we can proceed. We have
sufficient numbers to begin, unless there is objection. Out of
respect for Ms. McKinney, and she does want to be here, we will
delay a little bit longer. The Committee will stand in recess
just for a couple of minutes.
[Recess.]
Mr. Smith. The Chair will lay the bill before the
Committee.
The Clerk will report the title of the bill.
[The bill H.R. 1356 appears in the appendix.]
The Clerk. H.R. 1356 to end international sexual
trafficking, and for other purposes.
Mr. Smith. Without objection, the first reading of the bill
will be dispensed with. The Clerk will read the bill for
amendment.
The Clerk. A bill to end international sexual trafficking,
and for other purposes. Be it enacted by the Senate and the
House of Representatives of the United States of America and
Congress assembled, section 1--.
Mr. Smith. Without objection, the bill is considered as
having been read and is open for amendment at any point.
This bill was introduced, as I pointed out, on March 25th,
it was referred on May 4th to the Subcommittee on International
Operations and Human Rights, and since I have already made my
opening comments, I yield to my good friend Ms. McKinney from
Georgia.
Ms. McKinney. Thank you, Mr. Chairman. I wish to express my
deep appreciation to you for your personal efforts on the issue
of sexual trafficking, including your recent visit to Russia to
look into the issue of trafficking there, a practice that
involves tens of thousands of Russian women. I join you in
believing that this is a grave abuse that has not received
enough attention and I wish to work with you in changing that
situation.
It is also obvious that many elements in this bill, from
the strengthened criminal penalties for sexual trafficking to
the substantial authorization for domestic victim programs will
improve our work on this serious issue.
Both our Chairman and his staff deserve credit for this
outcome. I thus intend to support this bill, although I do have
some reservations about the approach being used. One of these
concerns relates to the scope of the bill. As important as
sexual trafficking is, it is only one reason why people sell
other people. People are also sold into bonded sweatshop labor
and into domestic servitude and this is not just a labor issue.
These are all slavery-like conditions often involving sexual
exploitation by the employer as well. We ought to look for a
way to deal with all of these conditions at once.
This is the approach taken in H.R. 1238, the International
Trafficking and Women and Children Victim Protection Act,
introduced by Congresswoman Louise Slaughter, of which I am a
cosponsor. I do not want to ignore the victims of sexual
trafficking, which is one reason I will support Mr. Smith's
bill. But I am sure he does not want to ignore these other
victims of trafficking, which is why I hope we can find a way
to bring them in as well.
H.R. 1356 also repeats the procedure from our earlier
legislation on religious persecution of creating a separate
office on an important but selected human rights issue. About
10-years from now when we are in the process of creating the
15th separate human rights office and the 15th separate report,
I suspect even those who got us started in this process with
the best of intentions are going to have second thoughts. That
the office of trafficking wouldn't be located in the
Department's human rights bureau but isolated by itself could
make it even less effective. We ought to look for more creative
ways to increase our emphasis on issues without increasing
bureaucracy.
The issue of sanctions also needs more thought. It may be
that trying to work cooperatively with other countries rather
than beating them about the head and shoulders is the best way
to make progress now on this issue, and the withdrawal of
assistance is not a minor matter. Whatever we say sends a
signal of general dissociation from the government of the
country involved, which may do more harm than good. And again a
future world of many human rights offices, each armed with a
sanctions club, and with the President doing a hundred waivers
a year to keep ordinary diplomacy moving, is something we want
to avoid. If that is the direction we are going, I think we
need to rethink our course.
There are other concerns we should also consider. The
authorizations in the bill are not necessarily all in the right
amount or going to the right places and we need to think more
about whether a burdensome report separate from the human
rights report is really necessary.
As we work further on this bill, I hope we will be able to
hear from all of those with an interest in the matter. I regret
we didn't have the opportunity to do a hearing in Subcommittee
before our markup, and I particularly hope that senior
officials from the Administration who are also committed to
improving human rights observance will be given a chance to
share their views with us in the near future.
I do believe that the approaches by Louise Slaughter and
our chairman in these separate bills are not necessarily at
war. I expect that we will all work together with each other
and with the Administration, with interested organizations to
produce a final bill that will be better than anything we could
do separately, and I intend to be strongly involved in that
effort.
Thank you, Mr. Chairman.
Mr. Smith. Thank you very much, Ms. McKinney. Does any
other Member have any opening comments? Mr. Salmon?
Mr. Salmon. Thank you, Mr. Chairman. I know that this has
been something that you have been working on for a long time
and I really commend you and appreciate all of your hard work.
When we were over in Russia just recently, we met with
several NGO groups and nonprofit organizations that have been
working on this issue, and it is a travesty. I mean it is a
multibillion dollar industry here in this world. It amazes me
the stories that we heard about buses pulling up to orphanages
and loading on children and then go going and selling them for
$24,000 apiece. And it just disgusts me that in our world today
that these kinds of things could go on.
There were allegations as well that in the government over
there, they just kind of let it go on with a wink and a nod.
That is wrong. And here we put out millions and millions of
dollars in aid to Russia. I think it is time we put some
stipulations on some of the money that we are sending over
there. When their government turns a deaf ear to this kind of
human suffering and misery, I think we have a responsibility to
be a little bit more scrutinizing in how we dole out the money.
But I commend you for putting together this resolution. I
think it goes a long way, but I think the work will not be over
here. We have a lot of work to do to try to end this travesty.
And I commend the gentlewoman as well for her leadership on
this issue. But it looks like we are the only ones that are in
the world that are going to--at least as far as governments are
concerned that are going to make an issue of this and if we
don't do it, it is not going to get done.
So I think that Congress has a big responsibility not only
to be vocal about this but to lead the charge and there is so
much at stake. So I commend the gentleman and the gentlewoman
and I pledge my support to fighting the battle side by side.
Thank you.
Mr. Smith. I thank my good friend Mr. Salmon for his kind
comments and especially for his work on this. And as we sat
together, along with Mr. Tancredo, in St. Petersburg and met
with the NGO's, the frontline people, some of the victims who
are day to day trying to battle the syndicate, I was struck by
the fact that not only are they trying to save women at risk--
and it is mostly women who are exploited, although there are
some young boys--they themselves are at risk. This is a
lucrative, multimillion dollar, if not billion dollar, racket,
and the NGO personnel are put at risk of possible death.
Mr. Salmon. If the gentleman would yield, and they are
getting virtually no protection from the Russian Government.
None. They have brought this issue to the attention of
lawmakers in the Duma and they have brought it to the Speaker's
attention and they are getting no protection. They are in a
very dangerous situation and I think we have a responsibility.
As we all know when we make it very public, I think that our
fight here can shed some light. Sunlight is the best
disinfectant, and by our actions maybe we can provide a little
bit of protection for them because they are not getting it from
the Russian Government.
Mr. Smith. Mr. Tancredo.
Mr. Tancredo. Thank you, Mr. Chairman. Just recalling our
experience in Russia, and specifically in St. Petersburg, and I
certainly agree with all of the comments that have been made
and the incredible impact it had on all of us meeting with the
NGO's and even that bilateral meeting we had with the Russians
where we brought this up, of course, and they tried to indicate
that it really was not as severe a problem as we know it to be,
it is this severe. It is second only to drug smuggling, second
only to narcotics in terms of the amount of money that
organized crime is able to extort from the general public or to
get from the public for this purpose. It is their second
biggest product, which was incredible to me. I was astounded by
that.
We had not heard much about this in the past so the fact
that it could rise to that level was quite extraordinary. And
the other thing that deserves just a comment perhaps, Mr.
Chairman, was the incredible fortitude of some of the people
who are involved with this at the NGO's. There was this lady
whose name escapes me, the doctor who gave up her practice,
went and visited the old Soviet Union, became acquainted with
this problem and ended up coming back here. She was a doctor
here in the United States, came back here, sold her practice,
gave up everything and has gone back, now is living in St.
Petersburg and is the head of the most effective NGO dealing
with this particular issue and she is a true inspiration to us
all. And it was a very extraordinary experience.
Mr. Smith. I thank the gentleman. And MiraMed is doing an
extraordinary job and they too are at great risk.
Any further comments? I do have one amendment. And I would
like to offer it and the chief of staff will report the
amendment.
[The amendment appears in the appendix.]
The Clerk. Amendment to H.R. 1356 offered by Mr. Smith of
New Jersey. Page 11, line 18, strike Office of the--
Mr. Smith. I ask unanimous consent to dispense with the
reading of the amendment, and just very briefly--it will take
30-seconds to explain it.
We have already had a suggestion from the Administration
and from my good friend Ms. McKinney that they would prefer
that the office be housed in the Bureau of Democracy Human
Rights and Labor. I don't think it weakens what we are trying
to do. Perhaps it will strengthen it.
So I would offer this in the spirit of compromise and I
hope that the membership will accept it.
Would anyone like to be heard?
Ms. McKinney. I would just like to thank the Chairman for
offering this amendment as a demonstration--as a down payment
on a continuation of our cooperative spirit with respect to
this legislation and I look forward to us continuing to work
together to perfect it as it moves through the process.
Mr. Smith. I thank you. And I say to my friend, one point
that you made about if the President had to issue 100 waivers.
I would submit that that would be an incredibly sad commentary
on the state of the world with regard to women being exploited
by traffickers, if the evidence was so overwhelming and a
national interest waiver, which is probably one of the weakest
imaginable, had to be invoked. But that would almost make our
case.
We have to wage war on the traffickers, not manage the
issue, but wage war against this exploitation, or it will only
get worse.
All those in favor of the amendment say aye.
Opposed say no.
The ayes have it, and the amendment is agreed to.
Any further comments before we go to passage? I would like
to recognize my good friend, the gentleman from Pennsylvania,
for a motion.
Mr. Goodling. Mr. Chairman, I move the Subcommittee report
the bill, as amended, favorably to the Full Committee.
Mr. Smith. Without objection, the motion is agreed to. The
question is on the motion of the gentleman from Pennsylvania.
All those in favor, signify by saying aye.
Opposed, no.
The ayes have it and the motion is agreed to.
I want to thank the Members of the Subcommittee for coming
out and look forward to working with you at the next stage.
[Whereupon, at 2:32 p.m., the Subcommittee was adjourned.]
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A P P E N D I X
August 4, 1999
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