    [House Hearing, 111 Congress]
    [From the U.S. Government Publishing Office]

        CONFLICT MINERALS TRADE ACT; INTERNATIONAL MEGAN'S LAW OF 2010;
     EXTENDING IMMUNITIES TO THE OFFICE OF THE HIGH REPRESENTATIVE AND THE
    INTERNATIONAL CIVILIAN OFFICE IN KOSOVO ACT OF 2010; LORD'S RESISTANCE
     ARMY DISARMAMENT AND NORTHERN UGANDA RECOVERY ACT OF 2009; AND GLOBAL
      SCIENCE PROGRAM FOR SECURITY, COMPETITIVENESS, AND DIPLOMACY ACT OF
                                      2010

    =======================================================================

                                     MARKUP

                                   BEFORE THE

                          COMMITTEE ON FOREIGN AFFAIRS
                            HOUSE OF REPRESENTATIVES

                         ONE HUNDRED ELEVENTH CONGRESS

                                 SECOND SESSION

                                       ON

                    H.R. 4128, H.R. 5138, H.R. 5139, S. 1067
                                 and H.R. 4801

                                   __________

                                 APRIL 28, 2010

                                   __________

                               Serial No. 111-92

                                   __________

            Printed for the use of the Committee on Foreign Affairs

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

                                     ______

                      U.S. GOVERNMENT PRINTING OFFICE
    56-199                    WASHINGTON : 2010
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                          COMMITTEE ON FOREIGN AFFAIRS

                     HOWARD L. BERMAN, California, Chairman
    GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
    ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
        Samoa                            DAN BURTON, Indiana
    DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
    BRAD SHERMAN, California             DANA ROHRABACHER, California
    ELIOT L. ENGEL, New York             DONALD A. MANZULLO, Illinois
    BILL DELAHUNT, Massachusetts         EDWARD R. ROYCE, California
    GREGORY W. MEEKS, New York           RON PAUL, Texas
    DIANE E. WATSON, California          JEFF FLAKE, Arizona
    RUSS CARNAHAN, Missouri              MIKE PENCE, Indiana
    ALBIO SIRES, New Jersey              JOE WILSON, South Carolina
    GERALD E. CONNOLLY, Virginia         JOHN BOOZMAN, Arkansas
    MICHAEL E. McMAHON, New York         J. GRESHAM BARRETT, South Carolina
    JOHN S. TANNER, Tennessee            CONNIE MACK, Florida
    GENE GREEN, Texas                    JEFF FORTENBERRY, Nebraska
    LYNN WOOLSEY, California             MICHAEL T. McCAUL, Texas
    SHEILA JACKSON LEE, Texas            TED POE, Texas
    BARBARA LEE, California              BOB INGLIS, South Carolina
    SHELLEY BERKLEY, Nevada              GUS BILIRAKIS, Florida
    JOSEPH CROWLEY, New York
    MIKE ROSS, Arkansas
    BRAD MILLER, North Carolina
    DAVID SCOTT, Georgia
    JIM COSTA, California
    KEITH ELLISON, Minnesota
    GABRIELLE GIFFORDS, Arizona
    RON KLEIN, Florida
    VACANTUntil 5/5/10 deg.
                       Richard J. Kessler, Staff Director
               Yleem Poblete, Republican Staff Director
             Jasmeet Ahuja, Professional Staff Member deg.
           David Fite, Senior Professional Staff Member deg.
              Jessica Lee, Professional Staff Member deg.
         Alan Makovsky, Senior Professional Staff Member deg.
       Pearl Alice Marsh, Senior Professional Staff Member deg.
         Peter Quilter, Senior Professional Staff Member deg.
          Edmund Rice, Senior Professional Staff Member deg.
          Daniel Silverberg, Senior Deputy Chief Counsel deg.
             Amanda Sloat, Professional Staff Member deg.
                    Kristin Wells, Deputy Chief Counsel deg.
       Shanna Winters, General Counsel and Senior Policy Advisor
            Brent Woolfork, Professional Staff Member deg.
             Robert Marcus, Professional Staff Member deg.
              Diana Ohlbaum, Senior Professional Staff Member deg.
             Laura Rush, Professional Staff Member/Security Officer
       Genell Brown, Senior Staff Associate/Hearing Coordinator
                         Riley Moore, Deputy Clerk deg.

                                C O N T E N T S

                                  ----------
                                                                       Page

                                   MARKUP OF

    H.R. 4128, To improve transparency and reduce trade in conflict
      minerals, and for other purposes...............................     2
      Amendment in the Nature of a Substitute to H.R. 4128...........   108
    H.R. 5138, To protect children from sexual exploitation by
      mandating reporting requirements for convicted sex traffickers
      and other registered sex offenders against minors intending to
      engage in international travel, providing advance notice of
      intended travel by high interest registered sex offenders
      outside the United States to the government of the country of
      destination, requesting foreign governments to notify the
      United States when a known child sex offender is seeking to
      enter the United States, and for other purposes................    31
    H.R. 5139, To provide for the International Organizations
      Immunities Act to be extended to the Office of the High
      Representative in Bosnia and Herzegovina and the International
      Civilian Office in Kosovo......................................    90
    S. 1067, To support stabilization and lasting peace in northern
      Uganda and areas affected by the Lord's Resistance Army through
      development of a regional strategy to support multilateral
      efforts to successfully protect civilians and eliminate the
      threat posed by the Lord's Resistance Army and to authorize
      funds for humanitarian relief and reconstruction,
      reconciliation, and transitional justice, and for other
      purposes.......................................................    92
    H.R. 4801, To establish the Global Science Program for Security,
      Competitiveness, and Diplomacy, and for other purposes.........   150
      Amendment in the Nature of a Substitute to H.R. 4801 offered by
        the Honorable Howard L. Berman...............................   170

                                    APPENDIX

    Hearing notice...................................................   196
    Hearing minutes..................................................   197
    The Honorable Howard L. Berman, a Representative in Congress from
      the State of California, and Chairman, Committee on Foreign
      Affairs: Prepared statement....................................   200
    The Honorable Eni F.H. Faleomavaega, a Representative in Congress
      from American Samoa: Prepared statement........................   202
    The Honorable Russ Carnahan, a Representative in Congress from
      the State of Missouri: Prepared statements.....................   206
    The Honorable Sheila Jackson Lee, a Representative in Congress
      from the State of Texas: Prepared statement....................   208

        CONFLICT MINERALS TRADE ACT; INTERNATIONAL MEGAN'S LAW OF 2010;
     EXTENDING IMMUNITIES TO THE OFFICE OF THE HIGH REPRESENTATIVE AND THE
    INTERNATIONAL CIVILIAN OFFICE IN KOSOVO ACT OF 2010; LORD'S RESISTANCE
     ARMY DISARMAMENT AND NORTHERN UGANDA RECOVERY ACT OF 2009; AND GLOBAL
      SCIENCE PROGRAM FOR SECURITY, COMPETITIVENESS, AND DIPLOMACY ACT OF
                                      2010

                                  ----------

                           WEDNESDAY, APRIL 28, 2010

                      House of Representatives,
                                  Committee on Foreign Affairs,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 10:22 a.m. in
    room 2172, Rayburn House Office Building, Hon. Howard L. Berman
    (chairman of the committee) presiding.
        Chairman Berman. The committee shall come to order. I think
    a quorum is present. Today we have five bills listed on the
    agenda. I understand that the committee has a consensus on four
    of the bills, and the Minority has requested we move en bloc.
        The fifth bill, H.R. 4801, has pending amendments. I will
    just call up the four bills all at once and then call up H.R.
    4801 separately.
        Pursuant to notice, I ask unanimous consent to call up en
    bloc H.R. 4128, the Conflict Minerals Trade Act; H.R. 5138, the
    International Megan's Law of 2010; H.R. 5139, Extending
    Immunities to the Office of the High Representative and the
    International Civilian Office in Kosovo Act of 2010; and S.
    1067, the Lord's Resistance Army Disarmament and Northern
    Uganda Recovery Act of 2009.
        [The information referred to follows:]H.R.
    4128 deg.

    H.R. 5138 deg.

    H.R. 5139 deg.

    S. 1067 deg.

        Chairman Berman. Without objection, H.R. 5138, H.R. 5139
    and S. 1067 are considered as read. Without objection, the
    amendment in the nature of a substitute for H.R. 4128--that is
    the Conflict Minerals Trade Act--before the members will be
    considered as base text for purposes of amendment, and that
    will be considered as read and will be open for amendment at
    any point. A summary of the amendment in the nature of a
    substitute is on each member's desk.
        [The amendment of H.R. 4128 follows:]ANOS H.R.
    4128 deg.

        Chairman Berman. Without objection, I may recess the
    committee from time to time. I now recognize myself for as much
    time as I may consume to make an opening statement.
        For more than a decade, we have been hearing about the
    tragic situation in the Democratic Republic of the Congo: Mass
    killings of civilians. Rape used as a weapon of war. Child
    soldiers forced to the front lines.
        H.R. 4128, the Conflict Minerals Act, is one important step
    toward ending a conflict in Congo that by some estimates has
    killed more than 5 million people.
        The bill establishes a mechanism to track minerals mined in
    the DRC that end up in products like cell phones and laptops,
    and will help us cut off financing to some of the planet's most
    brutal armed groups. I am now supposed to hold up Marissa's
    cell phone and say in this cell phone is tin and coltan, both
    conflict minerals coming from the Congo.
        In many respects, this legislation builds on the work
    already begun by some American companies. H.R. 4128 will make
    those efforts more effective by creating a level playing field
    for all companies that do business in the United States.
        The American people don't want to put money in the hands of
    brutal thugs in the DRC, and neither do American companies. For
    less than 1 cent per cell phone, this bill will allow American
    consumers to make responsible choices, and help put the
    warlords out of business. I thank the author of the bill, Mr.
    McDermott, and my colleague Don Payne, chairman of the Africa
    Subcommittee, for all their hard work on these issues, and I
    encourage my colleagues to support the bill.
        I would like to also commend Chris Smith for his hard work
    on H.R. 5138, the International Megan's Law of 2010, and I mean
    hard work. Many child sex offenders are traveling
    internationally or reside abroad because the laws against sex
    acts with minors are weaker or rarely enforced in particular
    countries.
        International Megan's Law would establish a system for
    providing advance notice to foreign countries when a convicted
    child sex offender travels to that country and imposes a
    registration requirement for child sex offenders from the
    United States who reside abroad.
        Worldwide, over 2 million children are sexually exploited
    each year through trafficking, prostitution and child-sex
    tourism. We all know the devastating emotional, physical and
    psychological effects on these child victims. We need to do all
    we can to prevent these predators from circumventing U.S. laws
    to prey on children in foreign countries. I encourage my
    colleagues to support this bill.
        H.R. 5139, Extending Immunities to the Office of the High
    Representative and the International Civilian Office in Kosovo
    Act of 2010, is a technical fix to ensure legal protection for
    employees of both the Office of the High Representative (OHR)
    in Bosnia and Herzegovina, and the International Civilian
    Office (ICO) in Kosovo.
        The bill, which adds the OHR and the ICO to the
    International Organization Immunities Act, will ensure that
    Americans serving in these important Balkans-based
    organizations will be protected from politically motivated
    litigation in the United States arising from their official
    duties and only their official duties.
        The United States must protect its diplomats who serve in
    international organizations, often at great personal risk and
    sacrifice, from financially and personally ruinous litigation
    while also preserving its ability to use informal institutions
    in the conduct of foreign policy. Finally, we have S. 1067, the
    Lord's Resistance Army Disarmament and Northern Uganda Recovery
    Act of 2009. I would like to thank the gentleman from
    Massachusetts, Mr. McGovern, for his work on the House version
    of this bill.
        This legislation affirms the policy of the United States to
    work with regional governments toward a comprehensive and
    lasting resolution to the conflict in northern Uganda.
        It further requires a strategy to support the disarmament
    of the Lord's Resistance Army, and support for humanitarian
    efforts and recovery and reconstruction in areas of the
    Democratic Republic of Congo, Southern Sudan and the Central
    African Republic affected by Lord's Resistance Army activity.
        And it calls on the President to support efforts by the
    people of northern Uganda and the Government of Uganda to
    promote transitional justice and reconciliation on both local
    and national levels.
        It should be noted that this bill does not include any
    earmarks.
        I now yield back my time, and I turn to the ranking
    Republican member, Ileana Ros-Lehtinen, for her opening
    statement.
        Ms. Ros-Lehtinen. Thank you so much, Mr. Chairman. It is a
    pleasure to work with you and for our staff to work together in
    a bipartisan manner in a very open process to bring these bills
    to our committee again, so I thank you, Mr. Chairman, and I
    thank your most excellent staff.
        I support the en bloc consideration of the legislative
    items before us. Let me begin by applauding the years of work
    by our colleague, Congressman Chris Smith of New Jersey, in
    making the International Megan's Law a reality. Chris is a
    tenacious fighter for and a defender of the most vulnerable of
    our population, and I am so very proud of the work that he has
    done. It has taken a long time, and this is a happy day.
        I was proud to be an original co-sponsor of its
    predecessor, H.R. 1623, and also of this new text, which was
    the result of months of bipartisan negotiation that Mr. Smith
    had with the Judiciary Committee, with input from relevant
    Executive Branch agencies.
        The International Megan's Law is an important and long
    overdue instrument to help protect children from dangerous
    sexual offenders who use the anonymity afforded by
    international travel to hide their dangerous and dehumanizing
    exploitation. By requiring convicted sexual offenders to report
    upcoming international travel and creating a nexus for
    communication between local, national and international
    authorities, the International Megan's Law will help curb
    international sex tourism by convicted predators. So thank you,
    Mr. Smith, for your work on this bill.
        I am also proud, Mr. Chairman, to be adding my name as a
    co-sponsor of the revised text of H.R. 4128, the Conflict
    Minerals Trade Act, which is being considered today. This
    important human rights legislation will help disrupt the
    illegal mineral trade that funds and fuels the bloody conflict
    in the Democratic Republic of the Congo.
        There are other measures being considered en bloc that,
    while not perfect, advance issues of great importance to our
    members and our Nation. I remain committed to seeing Senate
    bill S. 1067 enacted into law as quickly as possible to help
    end the Lord's Resistance Army's 23-year legacy of death and
    despondency in northern Uganda and the surrounding region.
        While I regret that the Senate failed to consider the
    earmark moratorium adopted by House Republicans despite
    repeated attempts to highlight this issue, I appreciate the
    cooperative efforts to make clear that the bill before us today
    does not contain an earmark in order to help facilitate the
    progress of this important human rights measure as well.
        Another bill, H.R. 5139, considered en bloc will allow the
    President to extend International Organizations Immunity Act
    protection to the Office of High Representative, the High
    Representative in Bosnia and the International Civilian Office
    in Kosovo. American personnel who work for those offices
    deserve the same protection against politically motivated
    nuisance lawsuits that are enjoyed by more than 80 other
    international organizations covered by the Act.
        While we support the agreed upon text, Mr. Chairman, I
    would like to underscore our concerns about the State
    Department's rush to secure the authorities in this bill while
    failing to respond in a timely manner to inquiries made on
    specific provisions, background and the need for this
    legislation. The Department needs to be placed on notice that
    the Congress, and specifically this committee, will not
    continue to come to the Department's rescue at the last minute,
    when approached by the Department with a request for a fix on a
    particular issue or authority.
        This committee expects the Department to come into
    compliance with its statutory obligations under a number of
    U.S. laws, including the Iran, North Korea and Syria
    Nonproliferation Act (INKSNA) before any further requests such
    as H.R. 5139 are made of this committee. So please come forward
    with the repeated request that we have made for information
    about INKSNA before coming up for further requests.
        With that, Mr. Chairman, I thank you for the time and look
    forward to the continued markup.
        Chairman Berman. The gentlelady yields back the balance of
    her time, and before I recognize the gentleman from New Jersey,
    I just will yield to myself to express the same concern
    expressed by the ranking member regarding the difficulty of
    getting the State Department to respond.
        The need for this legislation is coming not from the State
    Department, but from the people who work in those
    organizations. They have a clear and compelling case, and the
    State Department was very slow to respond on a variety of the
    legal issues. In fact, it wasn't until very recently that we
    got the responses we had been trying to get for a long time.
        At this point I am pleased to recognize the chairman of the
    Africa Subcommittee, the gentleman from New Jersey, Mr. Payne,
    who has spent a great deal of time on at least two of these
    measures that are before us in this en bloc motion.
        Mr. Payne. Thank you very much, Mr. Chairman and ranking
    member. Let me begin by offering an amendment in the nature of
    a substitute to H.R. 4128.
        Chairman Berman. Would the gentleman yield?
        Mr. Payne. Yes.
        Chairman Berman. We have already put that in as the base
    text for this.
        Mr. Payne. Oh, great.
        Chairman Berman. So it is the bill with that amendment in
    the nature of a substitute that is now before us.
        Mr. Payne. Thank you very much. Thanks for that
    clarification.
        I certainly would like, as I mentioned, to thank the
    chairman and the ranking member and the full committee staff on
    both sides of the aisle for working with me and my staff on
    this measure, the conflict minerals bill. I would also
    especially like to thank Mr. McDermott from the Ways and Means
    Committee for a strong interest and in the work of his staff as
    we work together on this bill.
        The Democratic Republic of Congo, the DRC, has been in
    political turmoil for decades. In the early 1900s, the region
    was King Leopold's playground. In the 1960s, a nationalist
    movement led by Patrice Lumumba won Parliamentary elections in
    the Congo. Lumumba was considered a threat as a new leader in
    Africa and was later assassinated by Belgium troops, at that
    time supported by the United States Government.
        In May 1997, the Alliance of the Democratic Forces for the
    Liberation of Congo Zaire, the AFDL, with the support of Rwanda
    and Uganda, marched into Kinshasa and ousted long-time dictator
    Mobutu Sese Seko. By August 1998, conflict erupted between
    Kabila and the Congolese forces supported by Rwanda. Angola,
    Namibia and Zimbabwe joined the fighting in support of Kabila.
    The Second Congolese War, often referred to as the African
    World War, contributed to displacement of many civilians, the
    destruction of towns and the death of millions.
        Much progress has been made over the past several years in
    moving the DRC from political instability and civil war to
    relative stability and democratic rule. However, Eastern Congo
    remains marred by civil strife, and conflict minerals have been
    the source of much of the devastating violence in the region.
        Although the government in Kinshasa has attempted to
    control the region, there is, for example, no direct road from
    the capital of Kinshasa to the eastern region of the country,
    therefore creating very, very difficult transportation problems
    and therefore making governance much more difficult.
        The Conflict Minerals Trade Act promotes peace and security
    in the eastern region of the Democratic Republic of Congo by
    requiring the following: One, that the State Department create
    a map of the DRC showing mines and areas that are under the
    control of militant groups involved in human rights violations;
        That the Department of Commerce publishes a potential
    conflict goods list, products that may contain conflict
    minerals, and a list of international auditors who are approved
    to do audits of processing facilities to determine if conflict
    materials have been processed there in that area;
        Three, that products containing conflict material from
    facilities that have not been audited may not be imported into
    the United States of America; and, four, the U.S. and other
    partner nations help build capacity of the Congolese
    Government.
        The bill, while it will not change the situation in the DRC
    overnight, is a strong effort to build transparency in the
    mining sector. Our aim is to help bring about an end to the
    suffering of the people of Eastern Congo. As has been
    mentioned, I am offering this amendment in the nature of a
    substitute today to deal with some of the finer details of the
    bill.
        Let me just say that I have been to the Eastern Congo on at
    least five occasions, have during the conflict time met with
    some of the warlords when they were head of militias, Bimba and
    Robetta. We have seen much progress made from those days to the
    present. However, there are still problems.
        We have this bill, which follows a similar bill that I
    urged and pushed and we introduced years ago on conflict
    diamonds where the Kimberley Process now processes diamonds,
    and if they are not certified then those diamonds may not be
    sold on the marketplace and so we are expecting this particular
    bill to have the same result as it relates to tin and coltan
    and other valuable minerals that go into the processing.
        And so I would like to once again appreciate the support of
    Chairman Berman and Ranking Member Ros-Lehtinen. They
    contributed to the provisions in the bill. We worked closely
    with them, and the bill will ensure that we provide a framework
    to assist the Government of the DRC.
        On a number of occasions I have discussed this with
    President Kabila, my five or six meetings with him during the
    past 7 or 8 years, and we hope that this will help him in
    trying to bring under control that eastern region of this
    country. So I urge the members to support this amendment, H.R.
    4128, and look forward to moving this bill to the Floor.
        Secondly, I would just like to briefly urge members to
    support S. 1067, the Lord's Resistance Army's Disarmament in
    Northern Uganda Recovery Act of 2009. This bill seeks to bring
    an end to the more than 20 years of terror propagated by the
    Lord's Resistance Army, known as the LRA, in northern Uganda.
        The bill calls for an interagency strategy to stop the
    LRA's reign of terror which has spread to neighboring DRC,
    South Sudan and the Central African Republic and to provide
    critical support to the innocent people, particularly the
    children whose lives have been devastated by Joseph Kony and
    those who support him.
        Mr. Chairman, as you know, I had reservations about one
    section of the bill which says we should restrict assistance to
    the Government of Uganda if certain steps are not taken. I
    would like to say for the record the Government of Uganda has
    made significant efforts to address the havoc wrecked by the
    LRA, and they have done a tremendous amount in trying to bring
    this under control.
        But in the interest of moving the bill forward I agree to
    go ahead with the Senate version, but I would like to thank the
    chairman and Representative McGovern for working with me on
    alternative language to the House bill. I do support the Senate
    bill.
        However, as I have mentioned, to hold punitive measures
    against a government who is trying to also deal with this
    situation. They have even, as you may recall, had the U.N.
    agree to have amnesty for Kony, which many of us thought was a
    horrible thing to do for such a terrible criminal.
        However, if it would end the problem we went along with it,
    but Kony refused to go along with that and the ICC still has
    the indictment out for him. So I would be reluctant to penalize
    the Government of Uganda because of Kony, and that is what it
    says in the bill, but hopefully we can work on that to have
    that provision altered.
        Finally, I just want to commend my colleague from New
    Jersey, Mr. Smith, and strongly urge the support of H.R. 5138,
    the International Megan's Law of 2010, which protects children
    from sexual exploitation by establishing an advance reporting
    requirement for registered sex offenders traveling
    internationally and provides a mechanism for notification and
    destination countries for traveling sex offenders who pose a
    risk to children. I certainly commend Congressman Smith for his
    leadership on the bill and Mr. Berman and Ms. Ros-Lehtinen for
    moving this forward.
        As you know, Megan's Law, which was first passed in our
    home state of New Jersey in 1994 and later adopted by Congress
    in 1996, protects children from sex exploitation through
    community notification by identifying the whereabouts of sex
    offenders. International Megan's Law will protect children by
    preventing in some circumstances and monitoring in other cases,
    sex offenders who pose a risk of committing a sex offense
    against a minor while traveling abroad.
        The United States has a moral obligation to strengthen
    international cooperation against sexual exploitation of a
    minor and must lead the global community in an effort to save
    potential children, child victims, by notifying other countries
    of U.S. sex offenders who pose a high risk of exploiting
    children. I strongly urge my colleagues to support this
    legislation. It will protect all children, both nationally and
    internationally, from sex offenders and sexual exploitation.
        With that, Mr. Chairman, thank you for the time. I yield
    back.
        Chairman Berman. The gentleman yields back, and now to the
    other gentleman from New Jersey, Mr. Smith, for 5 minutes.
        Mr. Smith. Mr. Chairman, I move to strike the last word,
    and I want to thank you----
        Chairman Berman. The gentleman is recognized for 5 minutes.
        Mr. Smith [continuing]. For bringing before this committee
    all of these bills, but in particular the International Megan's
    Law, H.R. 5138, which as you and others have pointed out,
    establishes a model framework for intergovernmental
    notifications when a dangerous child sex offender travels
    internationally.
        International Megan's Law works synergistically with our
    efforts to combat human trafficking, in this case by providing
    information about high risk sex offenders, child sex offenders.
    These are people who have been convicted, who unfortunately,
    today, we have every reason to believe as the evidence is
    overwhelming, travel abroad in order to exploit children. This
    legislation will work in a hand and glove manner with our
    already enacted Trafficking Victims Protection Act and other
    similar pieces of legislation.
        I do want to thank you, Mr. Chairman, and Ileana Ros-
    Lehtinen for your leadership on this bill. I want to thank Don
    Payne, the prime co-sponsor, for his work on this. I deeply
    appreciate it. As he correctly pointed out, the International
    Megan's Law follows the Megan's Law, which passed in New Jersey
    back in the early 1990s.
        Megan Kanka was a little girl, a 7-year-old girl, who
    actually lived in my home town. She was severely sexually
    assaulted and then brutally murdered by a convicted pedophile
    who had already spent time, more than a dozen years, in prison.
    He lived across the street. Nobody knew his background.
        He invited her into his home. He said, ``Come in and see my
    puppy.'' He had a little dog. And then he brutally raped and
    murdered her and nobody knew. Nobody knew who this person was.
    That led to enactment in New Jersey and then throughout all 50
    states of the Megan's Law, which has had the ability to deter.
    Knowledge is power to deter, and now we are trying to extend
    that internationally when people go on these sex tourism
    efforts to exploit children.
        I especially want to thank Maureen and Richard Kanka, who
    founded the Kanka Foundation, Megan's legacy. They have taken a
    horrific tragedy and have become national and now international
    proponents of Megan's Law as a way of trying to mitigate these
    horrific crimes.
        Mr. Chairman, despite the fact that 137 countries are party
    to the optional protocol to the Convention on the Rights of the
    Child on the sale of children, child prostitution and child
    pornography abound, including in the United States. Little is
    being done internationally to comply with the obligation to
    prevent these acts in the context of the horrific phenomena of
    child sex tourism.
        As evidenced by the troubling information in the State
    Department's Annual Trafficking in Persons Report, child sex
    tourism is a serious and widespread problem. Congress has
    passed legislation to bring to justice those Americans who are
    caught sexually exploiting children abroad, but we have yet to
    institute measures that will protect children from suffering
    this exploitation in the first place and its lifelong
    consequences.
        H.R. 5138 would implement one measure that is readily
    apparent: To identify and notify foreign governments of
    international travel by known dangerous sex child offenders.
    The move to such a formalized agreement is exemplified in a
    case in April 2008. A lifetime registered sex offender from the
    U.K. traveled to the U.S. with the intention of living with a
    woman he had communicated with on the internet and her young
    daughter. It was only after an alert of Interpol London that
    U.S. officials learned about the criminal history of this man
    and refused to allow him to enter the country.
        There have been instances where ICE officials most recently
    in California learned of a group of men who were going to
    travel to South Korea, all of them sex offenders, all of them
    with grave MOs as to what they probably intended to do in South
    Korea. We notified South Korea. They didn't grant a visa and
    they were not allowed to commit what we believe would have been
    crimes in South Korea against children.
        U.S. Immigration and Customs Enforcement, together with
    other U.S. and foreign law enforcement agencies, are making a
    sincere, but occasional, effort to share information. It is all
    being done on an ad hoc basis through Interpol and other
    available means regarding traveling child sex offenders. A
    legal structure is needed to systematize and coordinate these
    detection and notification efforts.
        The International Megan's Law would provide this legal
    structure. It establishes a mechanism for U.S. law enforcement
    agencies to identify child sex offenders who pose a danger to
    children in a destination country and to notify that country
    about this child sex offender's travel intentions. It also
    includes a sense of the Congress that the President can
    negotiate agreements----
        Chairman Berman. The time of the gentleman has expired.
    Without objection, the gentleman has 2 additional minutes.
        Mr. Smith. I appreciate that. Thank you, Mr. Chairman.
        It also includes a sense of Congress that the President, as
    you know, can negotiate agreements with other governments to
    establish bilateral systems to receive and transmit notices
    about dangerous child sex offenders so that children in our own
    country will be better protected from known predators.
        The bill also establishes a registration requirement for
    U.S. child sex offenders when they are residing abroad.
    Currently there is no legal mechanism to identify and track
    Americans convicted of child sex offenses overseas or to
    continue tracking the location and activities of a child sex
    offender if they leave the United States for more than 30 days.
    H.R. 5138 will enable the U.S. diplomatic missions to notify
    U.S. law enforcement when a child sex offender who is required
    to register enters or re-enters the United States.
        I would ask that my full statement be made a part of the
    record.
        Chairman Berman. Without objection.
        Mr. Smith. I would like to thank the many very dedicated
    staff on both sides of the aisle who worked so hard on this,
    beginning with Sheri Rickert. I would also like to thank
    Kristin Wells, who used to be with the committee who did
    yeoman's work on this, Janice Kaguyutan, Doug Anderson, Shanna
    Winters, Rick Kessler, who has been working with us very
    closely, Stephanie Gidigbi and a large group of people on the
    Judiciary Committee as well because we have been engaging in
    negotiations there as well. Thank you, Mr. Chairman.
        Chairman Berman. Will the gentleman yield?
        Mr. Smith. I will be happy to yield.
        Chairman Berman. I just want my colleagues on the committee
    to understand what you have done. You have gotten a bill like
    this through and with the approval and sign off and the waiving
    of jurisdiction of the staff of the House Judiciary Committee.
    Not a minor achievement.
        Mr. Smith. Thank you very much, and I do appreciate it very
    much.
        Chairman Berman. The time of the gentleman has expired. Any
    member wish to be recognized to strike the last word or offer
    an amendment? The gentleman from Texas, Mr. Poe?
        Mr. Poe. Mr Chairman, I move to strike the last word.
        Chairman Berman. The gentleman is recognized for 5 minutes.
        Mr. Poe. Thank you very much, Mr. Chairman. The
    International Megan's Law, H.R. 5138, is very important to our
    country. As founder and co-chair of the Victim's Rights Caucus,
    along with my friend, Mr. Costa, from California, I strongly
    urge support of H.R. 5138.
        Unfortunately, unlawful sex tourism is big international
    business. One million children enter the multi-billion-dollar
    commercial sex every year. One million kids. Overall there are
    2 million children that are enslaved in the global commercial
    sex trade.
        These children are not statistics. They are real people.
    They are boys and girls who most often grow up in very poor
    families and broken homes from countries all over the world.
    They are lured away by recruiters who promise them jobs in
    another city. They are falsely imprisoned under the belief that
    they are going to go to some other country, have a job and send
    money back home to their families.
        I recently was in the Ukraine and Bulgaria discussing this
    issue, and in some ways it is almost epidemic in the former
    eastern European bloc how young women primarily are lured away
    and then many of them never seen again because they are put
    into the sex trade.
        When they leave home they are forced into prostitution, and
    studies show that child prostitutes serve between 2 and 30
    clients a week, which means they serve anywhere between 100 and
    1,500 clients per year. I don't like calling them clients. I
    like calling them criminals, but that is what they are under
    the terminology.
        Those who resist or fail to earn enough money, the people
    who have procured them beat these children until they go back
    to work, bringing in this filthy lucre. If they don't die from
    an STD many of them fall into drug use, and without any hope or
    any other way many of them commit suicide.
        The most startling statistic, Mr. Chairman, is the fact
    that Americans make up 25 percent of the world's sex trade
    tourists. In other words, all of these going on in foreign
    countries, 25 percent of the clients are Americans. Many of
    them have gone abroad so that they can exploit children. That
    is to our shame. We need to deal with that issue.
        The International Megan's Law of 2010 is another tool to
    help free children and stop the child sex tourism. It makes it
    harder for Americans with a known history of the sex offender
    to sexually abuse children in another country because our laws
    have gotten stringent enough, these sex offenders who go to
    prison, and most of them statistically repeat once they leave
    the penitentiary. They decide to go to a foreign country where
    laws are different and they are less likely to be apprehended.
        It says that if you abuse children here in the United
    States, you have to tell the U.S. Government when and where you
    are going so we can warn other countries this criminal is
    coming to your country and he is a known child molester. It
    also says that if a country knows of a sex offender in their
    country we want to know what their plans are if they come to
    the United States.
        The point of this law is to shine light on an industry that
    thrives in the darkness, in the depths of depravity. If you
    have a known history of sexually abusing children in our
    Nation, no longer can you just get on an airplane, go abuse
    other children in another country and come back home. I hope
    that means that a sex offender will think twice before
    exploiting other kids in foreign nations.
        I hope this law puts the slimy pimps that prey on helpless
    children out of business, and this will help do that. They make
    profits by exploiting kids in the international sex tourism
    business. Hopefully children around the world, less of them
    will be caught in the sex trade and slavery. Children are
    victims of crime. Their freedom is stolen, their dignity, and
    their voices must be heard here in the United States and we
    must do what we can to help other kids throughout the world.
        Lastly, I want to point out that once a person, a child,
    usually young women, are put into this atmosphere they never
    recover. They never get out of it, and those that do have
    tremendous physical, emotional and mental problems because of
    the sex trade tourism that they have been kidnapped and put
    into.
        So I congratulate my friend from New Jersey for sponsoring
    this, and I totally support it. I yield back the remainder of
    my time.
        Chairman Berman. The time of the gentleman has expired. Who
    else seeks recognition? The gentlelady from Texas. For what
    purpose do you seek recognition?
        Ms. Jackson Lee. To ask unanimous consent to speak for 5
    minutes.
        Chairman Berman. Without objection. The gentlelady moves to
    strike the last word and is recognized for 5 minutes.
        Ms. Jackson Lee. Mr. Chairman, I want to thank you for your
    leadership and that of the ranking member for collecting these
    very important initiatives going forward. I will speak briefly
    about each of the initiatives that I am supporting.
        The Conflict Minerals Trade Act has just really been
    galvanized by recent media stories about a high profile model
    that may have been either the victim or engaged or associated
    with allegations of conflict diamonds as it relates to the
    trial of Charles Taylor. It goes on and on and on. And so I
    think this legislation is long overdue, and I am very glad that
    businesses such as LG Electronics and Motorola and advocacy
    groups such as Oxam and Genocide Intervention Network, Global
    Witness are in support of this.
        I received a letter from Corinna Gilfillan, who is with
    Global Witness, who indicated that the trade in conflict
    minerals by armed groups in the Eastern DRC has fueled horrific
    human rights abuses, including widespread killings of unarmed
    civilians, rape, torture, looting and Federal displacement of
    hundreds of thousands of people.
        Might I just say that I wish that we were as forceful,
    though I know that there was much opposition, during the
    Liberian War where these conflict minerals are clearly in play.
    So I support this legislation and look forward to its passage.
        In addition, as the co-chair of the Congressional Caucus I
    am enthusiastically supporting H.R. 5138 and thank the co-
    sponsors and authors for the wisdom. I was a strong supporter
    and advocate of Megan's Law, and I believe that this is key in
    saving the lives of children.
        I am reminded of visits early on in my congressional career
    to Bangladesh and to several other countries. I don't want to
    in essence call the roll, but countries who hopefully have made
    great strides in meeting with some of the Bangladesh leaders. I
    know that they have. Thailand, for example, with the horrific
    story of a year or 2 ago of individuals, men, who have left
    their country to abuse children.
        This is intolerable and unacceptable, and if the Congress
    cannot stand before the major components of this bill, which is
    the establishment of a system for providing advance notice to
    foreign countries when a sex offender who poses a high risk is
    traveling and the imposition of a registration requirement for
    child offenders from the United States who reside abroad, what
    can we do?
        So I am very grateful that we have put that legislation
    forward, and I do support it to avoid the result of HIV AIDS
    and other abuses, psychological trauma, disease, unwanted
    pregnancy that comes about through this horrific, horrible
    crime.
        H.R. 5139, extending immunities to the Office of the High
    Representative Act, is a technical fix of which I support, and
    then in listening to my colleague from New Jersey, Chairman
    Payne, I want to associate myself on S. 1067 with his comments,
    his broad comments, the Lord's Resistance Army Disarmament in
    Northern Uganda Recovery Act.
        We have spent time in Uganda, and certainly its President
    has had a long tenure. The rebel guerrilla army operating in
    Uganda and parts of Sudan, the LRA, has come to be known for
    its mass atrocities, and this seeking of disarmament to finally
    bring peace to this area is important.
        I do think we should take into consideration who is to
    blame, but it should be noted that in this battle injuries
    targeted government troops, more than 200,000 lives have been
    taken, and millions of civilians have been displaced from their
    homes. Twenty thousand children have been abducted, raped,
    maimed and killed. This is long overdue. This legislation
    authorizes the President to provide additional assistance to
    respond to the humanitarian needs.
        Let me also say that I support the Global Science Program
    for Security, Competitiveness and Diplomacy Act, H.R. 4801.
    Having been a 12-year member of the Science Committee, this is
    an excellent idea.
        And I thank you for accepting my amendment, which expands
    it to Subsaharan countries that may have been a little bit more
    economically able because, for example, South Africa is a
    country that has an enormous range in science. Many of those
    individuals would be left out if they were not able to engage
    in this process of a scientific exchange. Science I believe is
    the work of the twenty-first century. We are in the twenty-
    first century, and we should leave no one out.
        Mr. Chairman, I would like to ask for approval and passage
    of the bills that I have just commented on, and I thank the
    committee for yielding. I yield back.
        Chairman Berman. The time of the gentlelady has expired.
        Hearing no further amendments, I ask unanimous consent that
    the amendment in the nature of a substitute to H.R. 4128, the
    Conflict Minerals Trade Act, is considered adopted, and without
    objection I further ask unanimous consent to report en bloc the
    four bills favorably to the House, but as separate bills.
        H.R. 5138, International Megan's Law of 2010; H.R. 5139,
    Extending Immunities to the Office of the High Representative
    Act of 2010; S. 1067, the Lord's Resistance Army Disarmament
    and Northern Uganda Recovery Act of 2009 will each be ordered
    reported without amendment. H.R. 4128, the Conflict Minerals
    Trade Act, will be ordered reported with an amendment in the
    nature of a substitute just adopted.
        I move that these four bills as described be reported
    favorably to the House. All those in favor say aye.
        [Chorus of ayes.]
        Chairman Berman. All opposed say no.
        [Chorus of noes.]
        Chairman Berman. In the opinion of the chair, the ayes have
    it and the motion is agreed to without objection. The staff is
    authorized to make any technical and conforming changes. That
    takes care of four of the five bills. I thank the members for
    being here, and I ask you to stay for one more bill, which I
    really like because it is my bill.
        Pursuant to notice I call up the final bill, H.R. 4801, the
    Global Science Program for Security, Competitiveness and
    Diplomacy Act of 2010.
        [H.R. 4801 follows:]H.R. 4801 deg.

        Chairman Berman. Without objection, the amendment in the
    nature of a substitute before the members will be considered as
    base text for purposes of amendment, will be considered as read
    and will be open for amendment at any point. A summary of the
    amendment in the nature of a substitute is on each member's
    desk.
        [The amendment of H.R. 4801 follows:]ANOS H.R.
    4801 deg.

        Chairman Berman. I yield myself 5 minutes to explain the
    amendment in the nature of a substitute.
        H.R. 4801 bolsters U.S. science diplomacy programs by
    establishing a Global Science Program to provide grants to U.S.
    and foreign scientists. The bill also authorizes the Science
    Envoys Program introduced by President Obama in his Cairo
    speech last June.
        Science diplomacy--the use of scientists, engineers and
    researchers to engage with their foreign counterparts--is a
    proven means of engaging foreign populations, improving the
    image of the United States and fostering cooperation with
    international partners. The amendment in the nature of a
    substitute addresses concerns of the National Science
    Foundation and clarifies the management structure of the Global
    Science Program.
        I now turn to the ranking Republican member, Ileana Ros-
    Lehtinen, for her statement.
        Ms. Ros-Lehtinen. Thank you so much, Mr. Chairman. Although
    I question the wisdom of establishing new programs during a
    time of trillion-dollar deficits and economic challenges for
    average Americans, I note that this bill does not authorize
    funding beyond ``such sums.'' It is also my hope that hard-
    pressed universities in the United States will be among the
    principal beneficiaries of this bill.
        However, I do have concerns regarding the possibility that
    this bill might undermine existing prohibitions against
    providing assistance to certain countries. For that reason, I
    would like to note for the record, as your staff has confirmed,
    that the text under consideration does not grant the Secretary
    of State authority to provide any assistance that is prohibited
    by any provision of current law.
        I support efforts to ensure that this legislation does not
    undermine U.S. security interests by inadvertently enabling
    foreign espionage efforts such as those previously outlined in
    the 2009 report of the U.S.-China Economic and Security Review
    Commission and many other such studies.
        Finally, Mr. Chairman, I would like to confirm that the
    committee intends to file a written report on this bill which
    will afford opportunities for further clarification and the
    filing of additional views should members deem it necessary.
        Chairman Berman. Would the gentlelady yield?
        Ms. Ros-Lehtinen. Yes, sir.
        Chairman Berman. The gentlelady is right. Nothing in this
    bill would allow assistance or grants or these kinds of
    programs in the science diplomacy field to go on with countries
    that are prohibited from getting assistance under other
    provisions of the Foreign Assistance Act, and if we need to we
    can even reaffirm that specifically within this provision with
    an amendment between now and the time this bill comes to the
    Floor.
        There will be a written report. We will definitely have a
    report on the legislation with an opportunity for additional
    views and confirming the concerns that you have raised.
        Ms. Ros-Lehtinen. Thank you, Mr. Chairman. Reclaiming my
    time, given your assurance I am now prepared to move this bill
    forward. Thank you, Mr. Chairman.
        Chairman Berman. The gentleman from Virginia, for what
    purpose do you seek recognition?
        Mr. Connolly. To strike the last word.
        Chairman Berman. The gentleman is recognized for 5 minutes.
        Mr. Connolly. I thank the chair, and I just wanted to add I
    want to thank the chair for its leadership on this important
    legislation. While I certainly take the caveat of the ranking
    member seriously, I also believe that even in tough times,
    maybe especially in tough times, we need to always be looking
    at that scientific cutting edge.
        Technology is the competitive advantage of the United
    States, and I believe that trying to harness the scientific
    community through in part this mechanism in our State
    Department I think is a very important adjunct to uniform
    policy and to making sure we protect the U.S. competitive
    advantage in the global arena. So I was very pleased to offer
    an amendment to this bill and that the chairman has
    incorporated it into the substitute amendment establishing the
    Advisory Panel on International Scientific Cooperation.
        The district I represent, Mr. Chairman, is a very high tech
    district. This is the kind of thing that a lot of businesses, a
    lot of individuals from my district certainly and across the
    Nation want to see and want to see as a key part of our foreign
    policy moving forward, our diplomacy moving forward.
        So I want to thank the chairman for his leadership, and I
    look forward to supporting this legislation and I thank you for
    incorporating my amendment. I yield back.
        Chairman Berman. The gentleman yields back. The co-sponsor
    of this legislation has been a very wonderful person to work
    with on this issue. The gentleman from Nebraska, Mr.
    Fortenberry, seeks recognition, moves to strike the last word,
    and the gentleman is recognized for 5 minutes.
        Mr. Fortenberry. Well, thank you, Mr. Chairman, for your
    kind words, and thank you, Ranking Member Ros-Lehtinen, as well
    for your efforts today on this markup.
        But also I want to welcome the opportunity, as you have
    said, Mr. Chairman, to comment on the significance of the
    United States leadership and technology in the role of science
    and diplomacy and how this bill potentially furthers those
    efforts.
        For decades, the U.S. Government has supported the exchange
    program based on the premise that individuals of goodwill can
    make a difference to help build just societies that serve
    people with integrity. To the extent that the United States can
    better leverage its technical expertise through prudent public
    diplomacy and engage others to join our commitment in the
    service of very worthy goals, we may actually help deprive
    twisted ideologies and corrupt institutions elsewhere of the
    resources they might otherwise obtain by default to perpetrate
    misery and suffering around the world.
        And that is exactly what this bill seeks to do. Ours is an
    era of unprecedented scientific achievement that can either be
    directed for great good or devastating harm to all of humanity.
    The choices is ours, and I believe we must lead or others may
    lead us where we may not wish to go.
        Mr. Chairman, Albert Einstein once said that ``concern for
    man himself and his fate must always form the chief interest of
    all technical endeavor.'' He called on his fellow scientists to
    ``never forget this in the midst of your diagrams and
    equations.''
        This is the kind of science that will lead to numerous
    benefits across every sector of human endeavor. This is the
    kind of science our public policy should support. Simply put,
    effective scientific collaboration that may, for instance,
    mitigate security risks posed by weapons of mass destruction or
    promote ethical research to benefit humanity, advancing goals
    that all Americans can proudly share, is a good thing.
        If one can collaborate effectively to divert energy and
    resources from let us say a potentially devastating
    catastrophic attack on civilians into a project that brings
    sanitation to dozens of rural villages or provides sustainable
    agriculture to help local communities take full ownership of
    their nutritional needs or lead to a cure or treatment of a
    disease that has thus far received far too little attention
    relative to its lethal effects, our exercise today may result
    in chaos averted, lives saved and prove to be one small step
    for common sense.
        So thank you, Mr. Chairman, for your leadership on this,
    and I yield back.
        Chairman Berman. The time of the gentleman has expired.
    Does any member seek recognition?
        [No response.]
        Chairman Berman. Hearing no further amendments, I ask
    unanimous consent the amendment in the nature of a substitute
    is amended to H.R. 4801, the Global Science Program and
    Security, Competitiveness and Diplomacy Act of 2010, is
    considered adopted, and I move that the bill as amended be
    reported favorably to the House. All those in favor say aye.
        [Chorus of ayes.]
        Chairman Berman. All those opposed, say no.
        [Chorus of noes.]
        Chairman Berman. In the opinion of the chair the ayes have
    it, and the motion is agreed to. Without objection, the staff
    is authorized to make any technical and conforming changes.
        I thank all the members on both sides for participation,
    and the committee hearing markup is adjourned.
        [Whereupon, at 11:15 a.m. the committee was adjourned.]

                                A P P E N D I X

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         Material Submitted for the Hearing RecordNotice deg.

                                   Minutes deg.

                                   Berman statement deg.
                                   __________

                                   Faleomavaega statement deg.
                                   __________

                                   Carnahan HR5139 deg.
                                   __________

                                   Carnahan HR4801 deg.

                                   Jackson Lee statement deg.
                                   __________