HR972DEC16

TheWeekInCongress.com

Week Ending December 16, 2005

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

BRIEF

The bill takes aim at the growing problem of human trafficking world-wide from the perspective of what the US can do to help. 600,000 to 800,000 people are trafficked yearly about 80 % are women and children. A recent study concluded that up to 300,000 children in the US may be subject to sexual exploitation and trafficking and the 1.3 million to 2.8 million US kids who run away from home are also highly susceptible to exploitation and trafficking.

Internationally, post-conflict populations are highly subject to exploitation and trafficking. The bill directs the Secretaries of State and Defense to study the extent of the matter and report to Congress within 180 days of enactment of this bill.

In that same 180 days a pilot program to establish Residential Rehabilitative Facilities for victims of trafficking in foreign countries would be studied and begun. Victims would receive shelter, psychological counseling and assistance with developing independent living skills. The pilot program would begin at two sites determined by the Administrator of US AID. The program would provide grants and contracts to organizations with ‘relevant expertise in the delivery of services to victims of trafficking.’

An individual employed by the US or a US official found guilty of violating trafficking law would be punished. Those and others found guilty could lose interest in property used or intended to be used for the crime and any property received from conducting the crime would be seized.

The bill would target demand for commercial sex acts and participation in international sex tourism, child forced labor.

Domestically the Secretary of Health and Human services may make grants to government and non-profit service organizations to develop or expand and strengthen assistance programs or aliens subject to sex trafficking or other severe forms of trafficking. The grants would be disbursed to applicants with experience delivering services to such victims and who might provide employment to those victims. The Federal share of the grant would not exceed 75% of the project.

The bill would establish a grant program for local law enforcement to develop and expand programs to investigate and prosecute acts of severe forms of trafficking that involve US citizens or aliens admitted for permanent residence here. The multi-disciplinary approach to treating the problem would include law enforcement cooperation and participation with “faith-based organizations and organizations with experience in the delivery of services to persons who are the subject of trafficking in persons.” Federal share of those grants would not exceed 75% of the project cost.

$30 million would go to overseas projects for the Secretary of State and $30 million for the President to distribute and $2.5 million yearly for the next two years to establish residential treatment facilities in foreign countries. FBI would receive $15 million yearly to investigate the problem and a like amount to make grants to faith-based and other organizations to start or expand programs.

Sponsor: Representative Christopher H. Smith (R-NJ-4^th)

Vote: Passed House 426 to 0 (RC 632) December 15, 2005

Cost to the taxpayers: The bill would specifically authorize the appropriation of $147 million in 2006 and $132 million in 2007. In addition, CBO estimates that the Department of Justice would need $15 million in additional appropriations annually to implement a new grant program. In total, CBO estimates that implementing the bill would cost $59 million in 2006 and $313 million over the 2006-2010 period, assuming appropriation of the necessary amounts.”

MORE INFORMATION

SEC. 2. FINDINGS.

Congress finds the following:

(1) The United States has demonstrated international leadership in combating human trafficking and slavery through the enactment of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C. 7101 et seq.) and the Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108-193).

(2) The United States Government currently estimates that 600,000 to 800,000 individuals are trafficked across international borders each year and exploited through forced labor and commercial sex exploitation. An estimated 80 percent of such individuals are women and girls.

(3) Since the enactment of the Trafficking Victims Protection Act of 2000, United States efforts to combat trafficking in persons have focused primarily on the international trafficking in persons, including the trafficking of foreign citizens into the United States.

(4) Trafficking in persons also occurs within the borders of a country, including the United States.

(5) No known studies exist that quantify the problem of trafficking in children for the purpose of commercial sexual exploitation in the United States. According to a report issued by researchers at the University of Pennsylvania in 2001, as many as 300,000 children in the United States are at risk for commercial sexual exploitation, including trafficking, at any given time.

(6) Runaway and homeless children in the United States are highly susceptible to being domestically trafficked for commercial sexual exploitation. According to the National Runaway Switchboard, every day in the United States, between 1,300,000 and 2,800,000 runaway and homeless youth live on the streets. One out of every seven children will run away from home before the age of 18.

(7) Following armed conflicts and during humanitarian emergencies, indigenous populations face increased security challenges and vulnerabilities which result in myriad forms of violence, including trafficking for sexual and labor exploitation. Foreign policy and foreign aid professionals increasingly recognize the increased activity of human traffickers in post-conflict settings and during humanitarian emergencies.

(8) There is a need to protect populations in post-conflict settings and humanitarian emergencies from being trafficked for sexual or labor exploitation. The efforts of aid agencies to address the protection needs of, among others, internally displaced persons and refugees are useful in this regard. Nonetheless, there is a need for further integrated programs and strategies at the United States Agency for International Development, the Department of State, and the Department of Defense to combat human trafficking, including through protection and prevention methodologies, in post-conflict environments and during humanitarian emergencies.

(9) International and human rights organizations have documented a correlation between international deployments of military and civilian peacekeepers and aid workers and a resulting increase in the number of women and girls trafficked into prostitution in post-conflict regions.

(10) The involvement of employees and contractors of the United States Government and members of the Armed Forces in trafficking in persons, facilitating the trafficking in persons, or exploiting the victims of trafficking in persons is inconsistent with United States laws and policies and undermines the credibility and mission of United States Government programs in post-conflict regions.

(11) Further measures are needed to ensure that United States Government personnel and contractors are held accountable for involvement with acts of trafficking in persons, including by expanding United States criminal jurisdiction to all United States Government contractors abroad.

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