    [House Hearing, 112 Congress]
    [From the U.S. Government Publishing Office]

                    INTERNATIONAL CHILD ABDUCTION PREVENTION
                     AND RETURN ACT OF 2011; GLOBAL ONLINE
                     FREEDOM ACT OF 2011; AND INTERNATIONAL
                    FOOD ASSISTANCE IMPROVEMENT ACT OF 2012

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

                                     MARKUP

                                   BEFORE THE

                     SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,

                                AND HUMAN RIGHTS

                                     OF THE

                          COMMITTEE ON FOREIGN AFFAIRS

                            HOUSE OF REPRESENTATIVES

                          ONE HUNDRED TWELFTH CONGRESS

                                 SECOND SESSION

                                       ON

                       H.R. 1940, H.R. 3605 and H.R. 4141

                                   __________

                                 MARCH 27, 2012

                                   __________

                               Serial No. 112-131

                                   __________

            Printed for the use of the Committee on Foreign Affairs

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

                                     ______

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    73-534                    WASHINGTON : 2012
    -----------------------------------------------------------------------
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                          COMMITTEE ON FOREIGN AFFAIRS

                     ILEANA ROS-LEHTINEN, Florida, Chairman
    CHRISTOPHER H. SMITH, New Jersey     HOWARD L. BERMAN, California
    DAN BURTON, Indiana                  GARY L. ACKERMAN, New York
    ELTON GALLEGLY, California           ENI F.H. FALEOMAVAEGA, American
    DANA ROHRABACHER, California             Samoa
    DONALD A. MANZULLO, Illinois         DONALD M. PAYNE, New Jersey--
    EDWARD R. ROYCE, California              deceased 3/6/12 deg.
    STEVE CHABOT, Ohio                   BRAD SHERMAN, California
    RON PAUL, Texas                      ELIOT L. ENGEL, New York
    MIKE PENCE, Indiana                  GREGORY W. MEEKS, New York
    JOE WILSON, South Carolina           RUSS CARNAHAN, Missouri
    CONNIE MACK, Florida                 ALBIO SIRES, New Jersey
    JEFF FORTENBERRY, Nebraska           GERALD E. CONNOLLY, Virginia
    MICHAEL T. McCAUL, Texas             THEODORE E. DEUTCH, Florida
    TED POE, Texas                       DENNIS CARDOZA, California
    GUS M. BILIRAKIS, Florida            BEN CHANDLER, Kentucky
    JEAN SCHMIDT, Ohio                   BRIAN HIGGINS, New York
    BILL JOHNSON, Ohio                   ALLYSON SCHWARTZ, Pennsylvania
    DAVID RIVERA, Florida                CHRISTOPHER S. MURPHY, Connecticut
    MIKE KELLY, Pennsylvania             FREDERICA WILSON, Florida
    TIM GRIFFIN, Arkansas                KAREN BASS, California
    TOM MARINO, Pennsylvania             WILLIAM KEATING, Massachusetts
    JEFF DUNCAN, South Carolina          DAVID CICILLINE, Rhode Island
    ANN MARIE BUERKLE, New York
    RENEE ELLMERS, North Carolina
    ROBERT TURNER, New York
                       Yleem D.S. Poblete, Staff Director
                 Richard J. Kessler, Democratic Staff Director
                                     ------

            Subcommittee on Africa, Global Health, and Human Rights

                   CHRISTOPHER H. SMITH, New Jersey, Chairman
    JEFF FORTENBERRY, Nebraska           KAREN BASS, California
    TOM MARINO, Pennsylvania             DONALD M. PAYNE, New Jersey--
    ANN MARIE BUERKLE, New York              deceased 3/6/12 deg.
    ROBERT TURNER, New York              RUSS CARNAHAN, Missouri
                                C O N T E N T S

                                  ----------
                                                                       Page

                                   MARKUP OF

    H.R. 1940, To ensure compliance with the 1980 Hague Convention on
      the Civil Aspects of International Child Abduction by countries
      with which the United States enjoys reciprocal obligations, to
      establish procedures for the prompt return of children abducted
      to other countries, and for other purposes.....................     2
      Amendment in the nature of a substitute to H.R. 1940 offered by
        the Honorable Christopher H. Smith, a Representative in
        Congress from the State of New Jersey, and chairman,
        Subcommittee on Africa, Global Health, and Human Rights......    91
    H.R. 3605, To prevent United States businesses from cooperating
      with repressive governments in transforming the Internet into a
      tool of censorship and surveillance, to fulfill the
      responsibility of the United States Government to promote
      freedom of expression on the Internet, to restore public
      confidence in the integrity of United States businesses, and
      for other purposes.............................................    52
      Amendment in the nature of a substitute to H.R. 3605 offered by
        the Honorable Christopher H. Smith...........................   141
    H.R. 4141, To direct the Administrator of the United States
      Agency for International Development to take appropriate
      actions to improve the nutritional quality, quality control,
      and cost effectiveness of United States food assistance, and
      for other purposes.............................................    80
      Amendment to H.R. 4141 offered by the Honorable Karen Bass, a
        Representative in Congress from the State of California......   169

                                    APPENDIX

    Markup notice....................................................   182
    Markup minutes...................................................   183
    The Honorable Christopher H. Smith, a Representative in Congress
      from the State of New Jersey, and chairman, Subcommittee on
      Africa, Global Health, and Human Rights: Material submitted for
      the record.....................................................   184

    INTERNATIONAL CHILD ABDUCTION PREVENTION AND RETURN ACT OF 2011; GLOBAL
         ONLINE FREEDOM ACT OF 2011; AND INTERNATIONAL FOOD ASSISTANCE
                            IMPROVEMENT ACT OF 2012

                                  ----------

                            TUESDAY, MARCH 27, 2012

                  House of Representatives,
             Subcommittee on Africa, Global Health,
                                      and Human Rights,
                                  Committee on Foreign Affairs,
                                                        Washington, DC.
        The subcommittee met, pursuant to notice, at 2:34 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, and I want
    to thank each and every one of you for being here.
        Pursuant to notice, the subcommittee meets this afternoon
    to mark up H.R. 1940, now titled the Sean and David Goldman
    International Child Abduction Prevention and Return Act of
    2012; H.R. 3605, the Global Online Freedom Act of 2012; and
    H.R. 4141, now named the Donald M. Payne International Food
    Assistance Improvement Act of 2012.
        [The information referred to follows:]H.R.
    1940 deg.

    H.R. 3605 deg.

    H.R. 4141 deg.

        Mr. Smith. As our members are aware, these measures enjoy
    strong bipartisan support. They have been the subject of
    extensive hearings, and in the case of the Global Outline
    Freedom Act, I first introduced that legislation back in 2006
    after hearings with Google, Yahoo!, and others as well as with
    the administration.
        In like manner, the International Child Abduction Act, now
    named after Sean and David Goldman, was first introduced in
    2009. And in like manner, we had a number of hearings on that
    legislation, vetting language and working on best practices and
    what ought to be included, and that is what is before the
    members today.
        Thus, it is the intent of the Chair to consider these bills
    en bloc, and by unanimous consent include the substitute
    amendments sent to each of you on Friday, and an additional
    amendment sent to you yesterday. All members have copies of
    those documents before them.
        Then after we have concluded our expedited consideration of
    these bills and amendments, I will be glad to recognize first
    myself, then my good friend and colleague, Ranking Member Bass,
    and other members including the vice chair, Mr. Fortenberry,
    and Mr. Turner and others who will then make statements on each
    of the pieces of pending legislation before us.
        All members are given leave to insert written remarks into
    the record should they choose to do so.
        Seeing that a reporting quorum is present, without
    objection, the following measures which the members have before
    them are considered as read, shall be deemed adopted, and are
    hereby reported favorably to the full Committee on Foreign
    Affairs: H.R. 1940, the Sean and David Goldman International
    Child Abduction Prevention and Return Act of 2012; the Smith
    amendment number 64 to H.R. 1940, the amendment in the nature
    of a substitute provided to your offices on Friday.
        [The amendment referred to follows:]ANS to H.R.
    1940 deg.

        Mr. Smith. H.R. 3605, the Global Online Freedom Act of
    2012, the Smith amendment number 69 to H.R. 3605, the amendment
    in the nature of a substitute provided also to your offices on
    Friday.
        [The amendment referred to follows:]ANS to H.R.
    3605 deg.

        Mr. Smith. And H.R. 4141, the International Food Assistance
    Improvement Act of 2012, and the Bass amendment, number 35 to
    H.R. 4141 which is the amendment sent to your offices on
    Monday, which adds our good friend and now deceased member,
    Donald Payne's name to the title of that legislation.
        [The amendment referred to follows:]Amendment to
    H.R. 4141 deg.

        Mr. Smith. Hearing no objection, it is so ordered. The
    amendments and bills are adopted and without objection the
    staff is directed to make technical and conforming changes.
        I now would like to recognize myself to speak to H.R. 1940,
    as amended. I want to thank my colleagues on the subcommittee
    for supporting this legislation, and for your input as we
    crafted its various provisions in H.R. 1940, the Sean and David
    Goldman International Child Abduction and Prevention and Return
    Act of 2012.
        It was David Goldman's unrelenting effort to bring his son
    Sean home from Brazil that first alerted me to the epidemic of
    international parental child abduction in this country.
    According to the U.S. State Department, between 2008 and 2010,
    bereaved parents left behind like David Goldman reported over
    3,200 abduction cases involving more than 4,700 children.
        I had the privilege of joining David in his fight to return
    Sean, and experienced firsthand the maddening obstacles
    encountered by left-behind parents even in countries that have
    signed the Hague Convention on International Child Abduction.
    Foreign courts, endless appeals to run out the clock,
    exploitation of the safeguards in the Convention and prejudice
    against foreigners.
        As David has told this subcommittee in numerous hearings
    that I've chaired on the subject, for the 5\1/2\ years of that
    battle, he lived, and this is his quote: ``In a world of
    despondency and desperation with a searing pain throughout my
    entire being.'' He went on to say, ``Everywhere I turned I saw
    the image of my abducted child.''
        I am pleased to see David Goldman is in the audience today
    and submit this bill in his honor, and in honor of his formerly
    abducted son, Sean. And, frankly, it's in honor of all of the
    parents, and there are several others in the audience today,
    and their abducted children for whom the Hague Convention has
    been a long and bitter disappointment.
        My bill, H.R. 1940, as amended, will encourage effective
    implementation of the Hague Abduction Convention, and create
    strong incentives for compliance and disincentives for non-
    compliance by countries that currently enable abductors and
    perpetuate child abuse through weak Convention implementation.
        H.R. 1940, as amended, is also for the left-behind parents
    and bereaved children who have been taken to countries that are
    not party to the Hague Convention. Parents like Michael Elias,
    a combat-injured Iraq veteran from New Jersey whose ex-wife
    used her Japanese consulate connections to abduct little Jade
    and Michael, Jr. after the New Jersey court had ordered
    surrender of passports and joint custody.
        Ms. Nakamura flagrantly disregarded those valid court
    orders telling Michael Elias, and I quote her, ``My country,
    Japan, will protect me.'' Sadly, she was right. Although Japan
    is reportedly prosecuting her for abusing her consulate
    connections, they will not return the children.
        At a hearing last May, Michael Elias told this subcommittee
    that as a father who no longer has his children to hold in his
    arms, ``I cannot deal with the sorrow so I will try my best to
    stay strong and keep fighting for their return. All my hopes
    and dreams for their future now lie in the hands of others.''
    He continued, ``I am begging our Government to help not only my
    family but hundreds of others, heartbroken families as well, to
    demand the return of our American children who are being held
    in Japan.''
        U.S. Navy Commander Paul Toland, who is here with us with
    some of the left-behind dads from Japan whose children are in
    Japan, also knows firsthand the pain suffered by all of the
    left-behind parents. His daughter, Erica Toland, was living
    with Paul and his wife in Navy housing in Yokohama, Japan, when
    Etsuko took Erica in 2003 and never returned. Tragically, his
    wife passed away in 2007, and yet Commander Toland has
    continually been denied access to his daughter.
        We have, in the past, had hearings with some of the other
    left-behind parents and we will include in this record some of
    their testimonies, and we're planning in about a month to 6
    weeks' time yet another hearing to hear firsthand from those
    families and from those left-behind parents of the plight that
    they face, the obstacles they encounter with our U.S.
    Department of State and the Office of Children's Issues in the
    hope that finally they will get their children home.
        According to the Office of Children's Issues at the State
    Department, there are more than 111 American children being
    held in Japan, others say it's much higher than that, against
    the will of their American parent. More than 40 others are not
    allowed access to their American parent. Japan has yet to issue
    and enforce any court order for the return of a single American
    child abducted to Japan. I look forward to the day, and I
    believe that day will happen soon, when these kids are brought
    home. And I do believe H.R. 1940, as amended, takes us a step
    closer.
        International parental child abduction rips children from
    their homes and lives, takes them to a foreign land and
    alienates them from a left-behind parent who loves them and who
    they have a right to know. Their childhood is disrupted, or
    sometimes is in hiding, as the taking parent seeks to evade the
    law, or to conjure illegal cover for their abusive actions.
    Abducted children often lose their relationship with their mom
    or their dad, half of their identity, and half of their
    culture.
        They are at risk of serious emotional and psychological
    problems, and may experience anxiety, eating problems,
    nightmares, mood swings, sleep disturbances, aggressive
    behavior, resentment, guilt, and fearfulness. As adults they
    may struggle with identity issues, their own personal
    relationships, and parenting.
        All of this has been chronicled over and over again, and is
    one of the main reasons why the Hague Convention was adopted
    back in 1980 in the first place. The body of evidence has only
    exploded over the years since.
        Parental child abduction is child abuse. Too many families
    have been waiting too long for the return of their children.
    Our current system with its endless delays and lack of proper
    accountability has failed far too many. It is time for the
    approach that backs our demands for adherence to international
    obligations with penalties, and makes clear to foes and friends
    alike that our children are our top priority.
        The amendment that was just approved by unanimous consent
    will achieve this goal by giving the President important tools
    to motivate other countries to quickly respond to applications
    for an abducted child's return. For even one case that has been
    pending for over 6 weeks in a foreign country's judicial system
    the President may choose to at least issue a private demarche
    or take more serious actions commensurate with the gravity of
    the case.
        If a country has 10 or more cases of children abducted from
    the U.S., pursuant to this legislation, and those cases are not
    being resolved in a timely manner, or the entity responsible
    for working with the U.S., the central authority, or the
    judiciary, or the law enforcement, are persistently failing to
    fulfill their obligations, the President can take measured,
    effective, and predictable actions to aggressively advocate for
    our children's return. Such actions range from denial of
    certain assistance to prohibiting the procurement of certain
    goods or services from the government or instrumentality
    responsible for the pattern of non-cooperation.
        Of course, the President is directed to consult with the
    government concerned and report to Congress when contemplating
    serious actions. The President is also provided with certain
    waiver authorities that take into account the important
    national interests of the U.S. However, the expectation is that
    the President will use all tools necessary to bring our
    children home in a timely manner, and that the President will
    have to explain the minority of cases where a delineated tool
    cannot be used. And I will put into the record, and it's in the
    legislation, all 17 of the prescribed actions that the
    President can take, and they are serious.
        We patterned it after lessons learned from the
    international--the Trafficking Victims Protection Act of 2000
    which I authored, and the legislation called the International
    Religious Freedom Act which I helped get passed. It was
    authored by my good friend and colleague, Frank Wolf,
    prescribing specific actions to be taken against governments
    that show this non-cooperation, or a pattern of non-
    cooperation.
        I would like to now yield to my friend and colleague, Ms.
    Bass, for comments she might have on the child abduction
    legislation.
        Ms. Bass. Thank you. Thank you, Mr. Chair. I just have to
    say as this is my first subcommittee hearing as ranking member
    that I can't not begin by expressing again my sadness for the
    loss of our colleague, Representative Payne, but I am thankful
    for the opportunity to serve as ranking member, and to serve
    alongside of you and your leadership that you've had for so
    many years on these issues.
        It's fitting that during this first subcommittee meeting
    after the loss of our friend and colleague that we're going to
    consider several measures aimed at protecting the most
    vulnerable among us, children, the disenfranchised, and the
    hungry, whom Representative Payne fought to protect throughout
    his career.
        Representative Payne was a leader on international human
    rights issues, and especially concerned with protecting the
    rights of children and young people. And I, of course, want to
    commend you, Chairman Smith, for your dedication to promoting
    adherence to the Hague Convention on the Civil Aspects of
    International Child Abduction, for encouraging nations to adopt
    the Convention, and for consistently pursuing justice for our
    children.
        Last year you convened two subcommittee hearings on
    international child abduction, and during the first of those
    hearings we all heard the heartbreaking stories of parents
    whose children were abducted to a foreign country.
        David Goldman, who is here today, Mr. Goldman, I have to
    tell you that I watched your story for years on TV, and I never
    had any idea, of course, that I would wind up serving in
    Congress and having an opportunity to meet you. I just really
    can't imagine what it was like, what you went through. And I'm
    very happy that you're reunited with your son, and really want
    to congratulate you for your leadership in helping to bring
    that about, Mr. Chairman.
        I know the Elias family is represented by the grandmother
    that is here. Thank you for attending today, and also over the
    time you have shared your story with us.
        This legislation that is offered by Chairman Smith would
    finally give proper due diligence to this often neglected
    crisis by creating an Office on International Child Abductions
    within the State Department, and by expanding the President's
    authority to act decisively to bring these children home.
        The community that I represent in Los Angeles has also been
    impacted by this horrific crime. Several of my constituents
    have reached out to me and told me about their children that
    have been abducted. There's one family that we've been working
    with for quite a while whose child was abducted to Japan, so I
    appreciate you bringing forward this bill and I look forward to
    continuing to support the efforts until all the children are
    returned home. Thank you.
        Mr. Smith. Ms. Bass, thank you so very much, and welcome to
    the subcommittee. And as both you and I and so many others who
    were at Don Payne's funeral know, it was a huge loss to the
    Congress, and a great friend especially of those who are
    suffering the ravages of famine and natural disasters on the
    continent of Africa. But welcome to the subcommittee as ranking
    member, I look forward to working with you.
        I'd like to now yield to the vice chairman of the
    subcommittee, Mr. Fortenberry.
        Mr. Fortenberry. Thank you, Mr. Chairman, for your
    important leadership on this and so many other issues. What
    more important function can our Government undertake than to
    prevent the abduction of American children?
        Thousands of children have been subjected to this abuse.
    Thousands of children have been treated as international pawns.
    Think of the thousands of children who lie silently in their
    beds except for the crying that can perhaps not be heard by
    anyone but themselves.
        A child's pain should know no international boundary, and a
    child's suffering is enough due to the separation of their
    family unit. So, I want to thank you, Mr. Smith, for your
    important leadership.
        International child abduction is too common, and past legal
    and diplomatic barriers have been too high for the families who
    have had to suffer through this problem. Establishing the
    Office of the International Child Abductions within the State
    Department, I'm hopeful, may impart a focused and whole of
    government approach to returning abducted children to the
    United States and preventing more families from the heartbreak
    and difficulties that this has caused. Thank you for your
    leadership.
        Mr. Smith. Thank you very much. The Chair recognizes the
    former U.S. Attorney from Pennsylvania, Mr. Marino.
        Mr. Marino. Thank you, Chairman. As a prosecutor for 18
    years I've had the unfortunate task of dealing with issues that
    are such heartbreaking issues as child abduction from a
    domestic perspective and from an international perspective. And
    I can only thank the chairman for holding this hearing, putting
    this legislation together, that will really put some teeth into
    the laws that The Hague should have implemented a long time
    ago. So, the chairman and, of course, the parents out here and
    the parents that aren't here, and the children that have been
    abducted have my total support, and that is a commitment. Thank
    you.
        Mr. Smith. Thank you very much. The Chair recognizes Mr.
    Turner from New York.
        Mr. Turner. Thank you, Mr. Chair. I was reminded of
    something in another life. I ran an entertainment company, a
    woman named Cathy Mahone came in to sell her television rights
    which ultimately was a TV movie called ``Rescue My Child.'' And
    her 8-year old daughter was abducted following a divorce, and
    falsely sent to Jordan. And failing to get any satisfaction
    from the State Department or through the courts, she took some
    extralegal methods and hired what were called consultants at
    the time, ex-military people, who literally went in and re-
    kidnaped the child and got her out.
        This extralegal method has pretty much closed down. The
    principals of the company were a little tired of going to jail
    and getting shot at and all the other things that they had to
    endure over the years. I'm hoping what we've done today will be
    a legal step that will facilitate this, and I applaud you for
    it. Thank you.
        Mr. Smith. Mr. Turner, thank you so very much. The Chair
    recognizes a woman who happens to be both a lawyer and a nurse,
    and has been, like the other members of this subcommittee,
    tenacious in combating human rights, Ms. Ann Marie Buerkle.
        Ms. Buerkle. Thank you, Mr. Chairman, and I just want to
    echo my colleagues' thoughts to you. Thank you for your
    leadership on this extremely important issue.
        We sat through, several months ago, a hearing about child
    abduction and listened to the anguished testimony of parents
    who had lost their children, so this piece of legislation will,
    as my colleague said, put teeth into what the Hague Convention
    should be doing.
        It's the right thing to do. As a mother of six children, I
    can only imagine the pain that you've all felt by having your
    child abducted, so we are so pleased to be able to work with
    you to get this passed. Thank you so much.
        Mr. Smith. I want to thank my good friends and colleagues.
    I just want to note before we move on to the Global Online
    Freedom Act, unless my colleagues have anything further to say,
    and you mentioned this, Mr. Turner, the importance of the
    media, television and print, all media, but to bring the
    message forward to sensitize and mobilize people. I would be
    remiss if I didn't note that Dateline did a tremendous public
    service for David and every other left-behind parent, and
    Meredith Vieira is here, and Benita Noel. Benita was the
    producer and was with David throughout that process. Meredith
    carried frequently, almost every day in some cases, vital
    information as to what was happening in real time, and what a
    difference that made. And then got it all together for various
    Dateline specials. And not only did it help David Goldman and
    Sean get reunited, and Sean repatriated to the U.S. with his
    dad, but I do believe it has helped all the other left-behind
    parents.
        And this is still a festering sore when it comes to issues.
    The pain that these men and women suffer is beyond words to
    describe, and yet they continually push hard. Thank you for
    amplifying their concerns in such a magnificent way.
        Any further comments on that legislation? If not, I now
    will move to the consideration of the debate on H.R. 3605, the
    Global Online Freedom Act.
        In December, I introduced H.R. 3605 which was an updating
    of the Global Online Freedom Act that I first introduced, as I
    mentioned earlier, back in 2006. The response to the growing
    global use of the Internet as a tool of censorship and
    surveillance as a means of capturing, apprehending the best and
    the brightest in dictatorship countries all over the world,
    including especially in China.
        Members might recall back in 2006 we had our first hearing
    on this issue in this subcommittee, and I swore in all of the
    leaders from Google, Yahoo!, Cisco, and Microsoft, and the
    answers that they gave at that time were very unavailing. They
    didn't want to tell us what they were doing in places like
    China, but we persisted, we wrote legislation, the Global
    Online Freedom Act, and today we have a refined, and I think,
    an even more effective draft of legislation that moves to the
    committee to try to combat this misuse of the Internet.
        The threat to human rights is very serious. Reporters
    Without Borders just released its Internet enemies list, the
    names of the countries that violate their citizens' online
    freedoms. The reports tell us that China, Vietnam, and Iran are
    the world's biggest prisons for netizens. Other countries are
    not lagging far behind.
        For example, the Government of Pakistan recently announced
    a public bid for companies to help them build their own version
    of China's Great Firewall. The public outcry caused the
    government to withdraw the bid but I'm skeptical that plans for
    the firewall are actually scrapped. Likely this procurement has
    simply been moved behind the scenes and out of public scrutiny.
        Sadly, it's through the assistance of Western companies and
    technologies that this--and this includes American companies
    and technology, that governments like Iran, China, and Syria,
    and many others are transforming the Internet into a weapon of
    mass surveillance.
        Just as we jealously guard our media freedoms and our
    personal freedoms, and would be horrified if American companies
    sold newspaper censorship services abroad, we also need to
    ensure that our companies and our capital markets are not
    censoring the Internet abroad. The Internet holds great
    promise, but also because it can be censored and surveilled,
    the potential of great peril.
        The Global Online Freedom Act is designed to help ensure
    that U.S. companies are not complicit in repression of human
    rights. We need to move now to ensure that fundamental freedoms
    are protected. First, the Global Online Freedom Act requires
    the State Department to beef up its reporting on Internet
    freedom in the annual Country Reports for Human Rights
    Practices, and to identify by name what we call Internet
    restricting countries.
        This country designation will be useful not only in a
    diplomatic context in helping to advance Internet freedom
    through naming and shaming countries, but will also provide
    U.S. technology companies with the information they need to
    make good business decisions in difficult foreign markets.
        Second, the bill requires Internet companies listed on the
    U.S. stock exchanges to disclose to the Securities and Exchange
    Commission how they conduct their human rights due diligence,
    including with regards to the collection and sharing of
    personally identifiable information with repressive countries,
    and the steps they take to notify users when they remove
    content or block access to content.
        This provision of the bill will help democratic activists
    and human rights offenders to hold Internet companies
    accountable by creating a new transparency standard for
    Internet companies. And while we certainly want to hold U.S.
    companies accountable, this provision will also require foreign
    Internet service companies that are listed here in the United
    States, including big name Chinese companies such as Baidu,
    Sohu, and Sina to report this information, as well.
        And, finally, in response to the numerous reports we've all
    seen in the papers recently on U.S. technology being used to
    track down or conduct surveillance of activists through the
    Internet or mobile devices, this bill will prohibit the export
    of hardware or software that could be used for surveillance,
    tracking, and blocking, and the like, to the governments of
    Internet restricting countries.
        Current export control laws do not take into account the
    human rights impact of these exports and, therefore, do not
    create any incentive for U.S. companies to evaluate their role
    in assisting repressive regimes.
        This section will not only help stop the sale of these
    items to repressive governments, but will create an important
    foreign policy stance for the United States that will help
    insure that dissidents abroad know that we are on their side
    and that U.S. businesses are not profiting from this
    repression.
        The export control law is long overdue. Right now the State
    Department spends millions of dollars to develop and deploy
    circumvention tools and other technologies to help dissidents
    get information and to communicate safely. Truly, it is absurd
    for us to allow U.S. companies to export blocking and
    surveillance technologies to these countries only to have the
    State Department then spend money to help dissidents get around
    those same technologies.
        What we do here in the United States is critically
    important to achieving our goals, and I believe that this
    legislation will send a strong message to companies that they
    have a unique role to play in preserving online freedom, and
    that we send an even stronger message to repressive governments
    that the Internet should not become a tool of repression. I
    yield to the ranking member, Ms. Bass.
        Ms. Bass. Thank you, Mr. Chairman.
        Free speech has long been a hallmark of a healthy democracy
    and a free society. For over 2 billion people worldwide, the
    Internet and new communication technologies have become
    unprecedented tools for expanding their ability to speak and
    receive information, participate in political and democratic
    processes, and share knowledge and ideas.
        For over a year now we have witnessed what has been dubbed
    the Arab Spring. In countries throughout the Arab world via the
    Internet and social networking, citizens have communicated,
    organized, and raised awareness of their plights under
    repressive regimes. Sites such as Facebook and Twitter have
    played a major role in these uprisings.
        Whatever you may think about the outcome of those
    movements, one thing is clear; the long suspected power of the
    Internet to bring about political change has been confirmed,
    and that is very positive. The prevalence of these uprisings
    has caused governments to enact stricter policies against
    political dissent and further restrict access to information
    and online networking tools.
        As Representative Payne repeated in our hearing on this
    topic last December, former President Clinton once said that,
    ``Trying to control the Internet would be like trying to nail
    Jello to the wall.'' Unfortunately, there are regimes around
    the world that are attempting to do just that, and some with
    relative success.
        Yet determined to share their stories, protestors and
    bloggers living in these countries are still finding ways to
    access the Internet because of the technologies made available
    by companies like Google, Yahoo!, Facebook, Twitter, and
    others. For example, in Syria where there is extremely limited
    freedom of the press and unconscionable repression, activists
    are using an iPhone application to disseminate news and online
    information about their protest against Assad.
        The bill also requires U.S. listed Internet communication
    providers to report on their human rights due diligence with
    regard to foreign policies on Internet privacy and repression.
        While I support the overall goal of the bill, I hope that
    we can continue to refine the language at the full committee
    such it does not adversely impact U.S. companies that are
    providing a tremendous service to many people across the globe
    who have no other way to see beyond their borders, shed light
    on their plights, and mobilize their communities for change.
    But as the chairman pointed out, as a perfect example of a U.S.
    company that would export technology that would block access
    and then we provide funding so that they can go around it is
    exactly the type of abuse that we want to get at.
        So, that said, I commend you, Chairman Smith, for your
    leadership on this issue.
        Mr. Smith. Vice Chairman Fortenberry.
        Mr. Fortenberry. Thank you, Mr. Chairman.
        American leadership and innovation was responsible for the
    remarkable technological breakthrough known as the Internet
    which spurred the advent of globalization and this
    unprecedented industrial revolution of our new century. It has
    become a way of life since then.
        Globalization, of course, carries marvelous potential for
    progress to benefit mankind, but it also involves unprecedented
    risk and challenges, including the challenge of applying
    fundamental principles to the use of new, and vibrant, and
    transformative technologies.
        U.S. companies operating around the world are routinely
    required to abide by local laws of the countries in which they
    operate just as foreign countries are required to abide by U.S.
    law.
        Mr. Chairman, I recall the hearing which you held on this
    topic in the 109th Congress, and at that time the fundamental
    question we addressed there still applies today; whether U.S.
    companies have an obligation to comport themselves in a manner
    consistent with the United States Constitution and the Bill of
    Rights when local laws overseas conflict with the basic
    foundational principles upon which our laws are based.
        The Global Online Freedom Act seeks to integrate these
    foundational human rights principles into the complexities of
    our participation in the vast global technology marketplace.
    So, I urge my colleagues and thank you, as well, Mr. Chairman,
    to continue to support this thoughtfully developed measure.
    And, again, thank you for your tireless efforts in this regard.
        Mr. Smith. Mr. Fortenberry, thank you very much for your
    comments and for your leadership, as well.
        I'd just like to point out that the Global Online Freedom
    Act has had a broad, broad amount of support. This morning we
    received--we just received a letter of support from Yahoo!,
    Freedom House, Amnesty International, and I know T. Kumar is
    here, and thank you for your support, as well as helping us to
    put it together, Human Rights Watch, Access, and a group letter
    signed by 13 leading human rights organizations all in support
    of the Global Online Freedom Act. Without objection, those
    letters will be made a part of the record.
        We now move for debate purposes to the third bill, H.R.
    4141, as amended, the newly named Donald M. Payne, and thank
    you, Ms. Bass, for naming it so out of deep respect for our
    deceased colleague, the Donald M. Payne International Food
    Assistance Improvement Act of 2012.
        This bill was originally introduced--and still it's his
    bill--by Mr. Payne before he passed away on March 6th. The bill
    is based on important recommendations that had been made by the
    Government Accountability Office in a report that they issued
    in May 2011 on ``Better Nutrition and Quality Control Can
    Further Improve U.S. Food Aid,'' as well as other studies on
    the same subject funded by the U.S. Agency for International
    Development.
        As the GAO pointed out in its report, the U.S. spent
    approximately $1.5 billion on emergency food aid in Fiscal Year
    2010 assisting nearly 46.5 million women, men, and children. In
    fact, the U.S. is the world's largest donor of international
    food assistance providing more than half of global food aid
    supplies. It's imperative that this assistance not only satisfy
    people's hunger, but that it meets their fundamental
    nutritional needs, as well.
        The statistics of the prevalence and impact of under-
    nutrition are absolutely staggering. It is reported that 3.5
    million children around the world die each year as a direct
    result of under-nutrition. Others who suffer from malnutrition
    are often debilitated for the rest of their lives. Children who
    do not receive adequate nutrition during the first 1,000 days
    of life, beginning with conception through their second
    birthday, suffer from stunted physical and cognitive
    development. They have increased risks of illness, not only in
    early life but also later as adults from such conditions as
    diabetes, cardiovascular diseases, and cancers.
        Mothers who are under-nourished are more often likely to
    have low birth weight babies leading to a multi-generational
    cycle of under-nutrition, and even disability.
        Mr. Payne's H.R. 4141, which the subcommittee has just
    adopted, directs the Administrator of USAID to use currently
    available funds to improve the nutritional quality of U.S. food
    assistance, particularly for vulnerable groups such as pregnant
    and lactating mothers, children under the age of 5, and
    beneficiaries of the U.S. HIV/AIDS programming or PEPFAR.
        Possible measures that may be taken include the adoption of
    new specifications for micronutrient fortified food aid
    products, strengthening assessment of the quality of food
    donations, and improving guidance to implementing partners on
    how to address nutrient deficiencies in certain age recipients.
        H.R. 4141, as amended, will also include nutrition science
    experts in the Food Aid Consultative Group created by the Food
    for Peace Act. The bill calls on the administrator to work
    within this group to improve quality control and cost
    effectiveness of food assistance programs through increased
    coordination and oversight.
        Finally, the USAID Administrator would need to ensure that
    food assistance programs carried out under the Food for Peace
    Act contribute to any U.S. global food security strategy.
        Again, I want to thank Ms. Bass for offering the amendment
    to add Mr. Payne's name to this bill, which is truly a
    remarkable way to honor this wonderful man. Ms. Bass?
        Ms. Bass. Thank you, Mr. Chairman, and thank you for
    accepting the amendment and including this, because we really
    wanted to honor Representative Payne, and we thought this was a
    great way to do it, to change the name of the bill.
        Malnutrition, as you mentioned, is the number one risk to
    health globally accounting for the deaths of 3.5 million
    children under 5 years old, and impairing hundreds of thousands
    of growing minds. This has profound consequences not only for
    the child's future, but also for the long-term health and
    development of families, communities, and societies.
        The human and economic costs of malnutrition are enormous.
    Women, children, and the poor are, of course, the most hit. For
    over 55 years, the United States has been a world leader in
    international food aid delivering lifesaving calories to the
    most vulnerable of populations, often in conflict zones.
    However, while our efforts are great, the ongoing food crisis
    in the Horn of Africa is just one example of how the challenge
    is growing.
        As revealed in recent reports, by the Government
    Accountability Office and Tufts University, there are a number
    of ways in which our food aid initiatives can and must be
    improved including increased nutritional quality, greater
    oversight and quality controls, and an enhanced value chain.
    This bill incorporates these recommendations and ensures that
    our food aid programs are smart, effective, and efficient.
        The bill directs USAID to work with USDA and the Food Aid
    Consultative Group to adopt new specifications for food aid
    products, work to strengthen systems to better assess the types
    and quality of agricultural commodities and products, adjust
    products to cost-effectively meet nutritional needs, develop
    new program guidance to better target recipients, and provide
    improved guidance to implementing partners on how to adequately
    address nutritional deficiencies. It also would ensure that the
    food aid programs are integrated into our global food security
    strategy.
        H.R. 4141 is a wonderful example of Congressman Payne's
    lifelong commitment to addressing the needs of the under-
    served, fostering innovation in humanitarian assistance, and
    advancing America's leadership across the globe. Thank you.
        Mr. Smith. Ms. Bass, thank you very much, and I look
    forward to working with you as the new Ranking Member.
        Ms. Bass. Absolutely.
        Mr. Smith. And I would like to thank for the record all the
    members for their constructive help in crafting these bills as
    we take them to the full committee, and then on to the floor,
    and down to the President's desk.
        Without objection the markup is adjourned.
        [Whereupon, at 3:14:06 p.m., the subcommittee was
    adjourned.]

                                A P P E N D I X

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         Material Submitted for the Hearing RecordNotice deg.

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     The Honorable Christopher H. Smith, a Representative in Congress from
     the State of New Jersey, and chairman, Subcommittee on Africa, Global
          Health, and Human Rights: Material submitted for the record

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