    [House Hearing, 113 Congress]
    [From the U.S. Government Publishing Office]

      SEAN AND DAVID GOLDMAN INTERNATIONAL CHILD ABDUCTION PREVENTION AND
     RETURN ACT OF 2013; VIETNAM HUMAN RIGHTS ACT OF 2013; AND CONCERNING
     THE ONGOING CONFLICT IN THE DEMOCRATIC REPUBLIC OF THE CONGO AND THE
     NEED FOR INTERNATIONAL EFFORTS TOWARD LONG-TERM PEACE, STABILITY, AND
                           OBSERVANCE OF HUMAN RIGHTS

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

                                     MARKUP

                                   BEFORE THE

                     SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,
                            GLOBAL HUMAN RIGHTS, AND
                          INTERNATIONAL ORGANIZATIONS

                                     OF THE

                          COMMITTEE ON FOREIGN AFFAIRS
                            HOUSE OF REPRESENTATIVES

                        ONE HUNDRED THIRTEENTH CONGRESS

                                 FIRST SESSION

                                       ON

                      H.R. 1951, H.R. 1897 and H. Res. 131

                                   __________

                                  MAY 15, 2013

                                   __________

                               Serial No. 113-68

                                   __________

            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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                          COMMITTEE ON FOREIGN AFFAIRS

                     EDWARD R. ROYCE, California, Chairman
    CHRISTOPHER H. SMITH, New Jersey     ELIOT L. ENGEL, New York
    ILEANA ROS-LEHTINEN, Florida         ENI F.H. FALEOMAVAEGA, American
    DANA ROHRABACHER, California             Samoa
    STEVE CHABOT, Ohio                   BRAD SHERMAN, California
    JOE WILSON, South Carolina           GREGORY W. MEEKS, New York
    MICHAEL T. McCAUL, Texas             ALBIO SIRES, New Jersey
    TED POE, Texas                       GERALD E. CONNOLLY, Virginia
    MATT SALMON, Arizona                 THEODORE E. DEUTCH, Florida
    TOM MARINO, Pennsylvania             BRIAN HIGGINS, New York
    JEFF DUNCAN, South Carolina          KAREN BASS, California
    ADAM KINZINGER, Illinois             WILLIAM KEATING, Massachusetts
    MO BROOKS, Alabama                   DAVID CICILLINE, Rhode Island
    TOM COTTON, Arkansas                 ALAN GRAYSON, Florida
    PAUL COOK, California                JUAN VARGAS, California
    GEORGE HOLDING, North Carolina       BRADLEY S. SCHNEIDER, Illinois
    RANDY K. WEBER SR., Texas            JOSEPH P. KENNEDY III,
    SCOTT PERRY, Pennsylvania                Massachusetts
    STEVE STOCKMAN, Texas                AMI BERA, California
    RON DeSANTIS, Florida                ALAN S. LOWENTHAL, California
    TREY RADEL, Florida                  GRACE MENG, New York
    DOUG COLLINS, Georgia                LOIS FRANKEL, Florida
    MARK MEADOWS, North Carolina         TULSI GABBARD, Hawaii
    TED S. YOHO, Florida                 JOAQUIN CASTRO, Texas
    LUKE MESSER, Indiana

         Amy Porter, Chief of Staff      Thomas Sheehy, Staff Director

                   Jason Steinbaum, Democratic Staff Director
                                     ------

        Subcommittee on Africa, Global Health, Global Human Rights, and
                          International Organizations

                   CHRISTOPHER H. SMITH, New Jersey, Chairman
    TOM MARINO, Pennsylvania             KAREN BASS, California
    RANDY K. WEBER SR., Texas            DAVID CICILLINE, Rhode Island
    STEVE STOCKMAN, Texas                AMI BERA, California
    MARK MEADOWS, North Carolina

                                C O N T E N T S

                                  ----------
                                                                       Page

                                   MARKUP OF

    H.R. 1951, 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.....................     3
      Amendment to H.R. 1951 offered by the Honorable Mark Meadows, a
        Representative in Congress from the State of North Carolina..    54
    H.R. 1897, To promote freedom and democracy in Vietnam...........    55
    H. Res. 131, Concerning the ongoing conflict in the Democratic
      Republic of the Congo and the need for international efforts
      toward long-term peace, stability, and observance of human
      rights.........................................................    75
      Amendment in the Nature of a Substitute to H. Res. 131 offered
        by the Honorable Karen Bass, a Representative in Congress
        from the State of California.................................    82

                                    APPENDIX

    Markup notice....................................................    98
    Markup minutes...................................................    99
      SEAN AND DAVID GOLDMAN INTERNATIONAL CHILD ABDUCTION PREVENTION AND
     RETURN ACT OF 2013; VIETNAM HUMAN RIGHTS ACT OF 2013; AND CONCERNING
     THE ONGOING CONFLICT IN THE DEMOCRATIC REPUBLIC OF THE CONGO AND THE
     NEED FOR INTERNATIONAL EFFORTS TOWARD LONG-TERM PEACE, STABILITY, AND
                           OBSERVANCE OF HUMAN RIGHTS

                                  ----------

                            WEDNESDAY, MAY 15, 2013

                           House of Representatives,

                     Subcommittee on Africa, Global Health,

             Global Human Rights, and International Organizations,

                         Committee on Foreign Affairs,

                                Washington, DC.

        The subcommittee met, pursuant to notice, at 11:30 a.m., in
    room 2172, Rayburn House Office Building, Hon. Christopher H.
    Smith (chairman of the subcommittee) presiding.
        Mr. Smith. We are here this morning to mark up H.R. 1951,
    Sean and David Goldman International Child Abduction Prevention
    and Return Act of 2013; H.R. 1897, Vietnam Human Rights Act of
    2013; and H. Res. 131, Concerning the ongoing conflict in the
    Democratic Republic of the Congo and the need for international
    efforts toward long-term peace, stability, and observance of
    human rights.
        As our members are aware, these measures enjoy strong
    bipartisan support and there are competing hearings and other
    events taking place this morning. Thus, as our members were
    informed earlier this week, it is the intent of the Chair to
    consider these measures en bloc, including the substitute
    amendment sent to you on Monday, offered by my good friend and
    colleague, Ms. Bass, and an amendment by Mr. Meadows, sent to
    you on Tuesday.
        All members have copies of these documents before them.
    After we have concluded our expedited consideration, I would be
    glad to recognize any member, including myself and the ranking
    member, for any statements on the issues.
        All members are given leave to insert written remarks into
    the record, should they choose to do so. Seeing that we have a
    reporting quorum present, without objection, the following
    measures are considered as read and will be considered en bloc:
    H.R. 1951, Sean and David Goldman International Child Abduction
    Prevention and Return Act of 2013; the Meadows amendment number
    4 to H.R. 1951, sent to members' offices on Tuesday; H.R. 1897,
    the Vietnam Human Rights Act of 2013; H. Res. 131, Concerning
    the ongoing conflict in the Democratic Republic of the Congo
    and the need for international efforts toward long-term peace,
    stability, and observance of human rights; and the Bass
    amendment number 11 to H. Res. 131 sent to your offices on
    Monday.
        [The information referred to follows:]H.R.
    1951 deg.

    Meadows amendment to H.R. 1951 deg.

    H.R. 1897 deg.

    H. Res. 131 deg.

    Bass ANS to H. Res. 131 deg.

        Mr. Smith. The Chair moves that the en bloc items be
    adopted. All those in favor say aye. Aye. All those opposed say
    no. The ayes have it, in the opinion of the Chair, and the
    items considered en bloc are adopted. Without objection, the
    measures as amended are reported favorably to the full
    committee. The staff is directed to make technical and
    conforming changes.
        I would note that now that we have completed our formal
    consideration of those measures, I will recognize members for
    remarks. And recognize myself first on behalf of the first bill
    that was just passed on to the full committee.
        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. Department of State, between the years
    2008 and 2012, bereaved, left-behind parents like David Goldman
    reported over 4,800 abduction cases involving more than 7,000
    children. I had the privilege of joining David Goldman 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
    abductions: Foreign courts, endless appeals to run out the
    clock, exploitation of the safeguards in the Convention, and
    prejudice against foreigners.
        The damage to the child and the left-behind parents is
    incalculable, and too often, lifelong. The children 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. Parental child abduction is child abuse. These
    victims are American citizens who need the help of their
    government when normal legal processes are unavailable or fail.
        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 some penalties and makes
    clear to foes and friends alike that our children are our top
    priority.
        As stated in the legislation, it has several purposes.
    First, we want to protect children whose habitual residence is
    the U.S. from the harmful effects of abduction and to assist
    left-behind parents to have access to their abducted children
    in a safe and predictable manner, wherever the child is located
    while an abduction case is pending. We want to provide left-
    behind parents, their advocates, and judges the information
    they need to enhance the resolution of abduction cases and
    access cases through established legal procedures and the tools
    for assessing the risk of abduction and denial of rights of
    access, and the practical means for overcoming obstacles to
    recovering an abducted child.
        We seek to provide the necessary training for officials of
    the U.S. Armed Forces and the Department of Defense to
    establish policies and provide services to parents serving in
    our military that address the unique circumstances of
    abductions and violations of rights of access that may occur
    with regard to military dependent children.
        Additional purposes of the bill would be to establish
    measured, effective, and predictable actions to be undertaken
    by the President on behalf of abducted American children and to
    promote an international consensus that it is in the interest
    of children to have any issues related to their care and
    custody determined in the country of their habitual residence.
        Finally, the bill would encourage the effective
    implementation of international mechanisms, particularly those
    established pursuant to the Hague Abduction Convention, to
    achieve reciprocity in the resolution of abductions and to
    protect children from the harmful effects of abduction.
        The Goldman Act gives the President important tools to
    motivate other countries to quickly respond to applicants 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 United States, the central authority, the
    judiciary, or 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. Actions range from denial of certain
    assistance to prohibiting the procurement of certain goods or
    services from the government or the instrumentality response
    for the pattern of what we call noncooperation.
        The President is required to request a consultation with
    any 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 United States. 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 one
    of the 18 delineated tools or commensurate action cannot be
    used.
        I want to thank Mr. Meadows for his valuable amendment to
    the bill, which calls on the Government Accountability Office
    to report to Congress on Egypt's cooperation or facilitation of
    parental child abduction. Last week, the subcommittee heard
    compelling testimony of Mr. Colin Bower, whose two boys were
    abducted to Egypt in 2009. Mr. Bower indicated that Egypt has
    aided and abetted in the kidnapping and illegal holding of his
    sons, including by issuing false Egyptian passports for the two
    boys and by allowing them to exit the U.S. on the Egyptian
    Government-owned airline, EgyptAir. It will be very helpful to
    Members of Congress to receive an assessment from the GAO of
    the Egyptian Government's involvement in this and the other
    cases of child adduction from the United States.
        I yield to my friend and colleague, Dr. Bera, for any
    comments he might have.
        Mr. Bera. Mr. Chairman, thank you for convening this
    markup. I am pleased that the Foreign Affairs Committee and
    this subcommittee are proceeding with regular order as it moves
    legislation to the full committee. I want to focus for one
    moment on H.R. 1951, the Child Abduction and Return Act of
    2013. I am pleased that the subcommittee was able to focus on
    this important issue. And I support many of the provisions
    contained within the legislation. However, I believe the State
    Department has expressed some concerns and possible unintended
    consequences of this bill. The punitive measures offered to the
    President under the legislation may discourage non-party
    nations, such as India, from signing or ratifying the Hague
    Convention. As this legislation moves to full committee, I
    would like to have a better understanding of the non-signators
    and what we can do to encourage their cooperation on this
    important issue. It is important that these countries join the
    Hague Convention.
        I would also like to work with my colleagues and address
    these concerns and ensure that any legislation we pass will
    have the desired effect of reducing the number of child
    abductions. Again, thank you, Chairman Smith, for continuing
    your important work in this area. Congratulations on moving
    your legislation through the subcommittee, and I look forward
    to working with you on this important issue. I yield back.
        Mr. Smith. Thank you very much. Chair recognizes Mr. Weber.
        Mr. Weber. Mr. Chairman, thank you. I don't have any
    comments at this time.
        Mr. Smith. Okay. Mr. Meadows.
        Mr. Meadows. Thank you, Mr. Chairman. And obviously, this
    committee just acted to approve three pieces of timely and
    necessary legislation that will better the lives of thousands
    of people. And I am proud that this committee has taken the
    initiative to address the ongoing humanitarian issues in
    Vietnam and in the Congo. And I want to commend the chairman
    and the ranking member for their leadership. The third bill we
    approve today, H.R. 1951, addresses parental child abduction
    and the Hague Convention. This is a good bill. I am proud to be
    a cosponsor and proud to have supported it today. I am also
    proud that we have been able to amend this bill and make it a
    little bit better. Last week, we heard powerful testimony on
    the foreign parental child abduction from parents of victims.
    And we heard that the foreign governments can often be
    complicit in these abductions, especially in non-Hague treaty
    countries. And one of those witnesses was Colin Bower. Mr.
    Bower's two sons, Noor and Ramsay, were abducted and taken to
    Egypt in 2009. They remain there today with 20 other American
    children.
        Egypt is a country that we are working with and whose
    continued solvency depends on American aid, American
    intervention. And yet we hear heartbreaking stories like Mr.
    Bower's. Thankfully, Mr. Bower did not just share his story,
    but he shared recommendations on moving forward. And one of
    those recommendations was to require the GAO to report on the
    child abductions in Egypt, including the role of the Egyptian
    Government.
        Today I offered an amendment to H.R. 1951 to do exactly
    that, and I look forward to reading the GAO's eventual report.
    And I want to thank Mr. Bower and all of those previous
    witnesses for sharing their stories. But I also want to thank
    the committee for supporting my amendment and moving this bill.
    And with that I yield back, Mr. Chairman. Thank you.
        Mr. Smith. Mr. Meadows, thank you very much and thank you
    for authoring that very important amendment to this
    legislation. With that, I recognize Mr. Stockman.
        Mr. Stockman. Thank you, Mr. Chairman, for the compassion
    you have shown through all the years you have been here in
    Congress. And I appreciate that throughout the years you have
    stuck to it and when it would have been easy to roll over to
    Ways and Means or some other ``important'' committees; and your
    compassion is demonstrated by these bills that you put forth.
    And I just want to say something quickly about our friends in
    the DRC. I have been there many times. And they have great
    potential. This nation is, you know, nearly as large as Western
    Europe. And they have a great, great potential if they adhere
    to a civil society and stick to the rule of law, and let
    democracy flourish. I think this bill is going to go a long way
    in ensuring that the DRC will be successful in achieving its
    goals.
        And I really appreciate you offering this bill. And I hope
    when it gets to the full committee that they realize the work
    and effort that you have put into this resolution. But I just
    wanted to point out the DRC has a great opportunity to take
    advantage of--and work cooperatively with the United States.
    And look forward to future hearings and testimony. Thank you.
        Mr. Smith. Thank you very much, Mr. Stockman.
        I yield to Ms. Bass to speak on H. Res. 131.
        Ms. Bass. Chairman Smith, again, thank you for holding
    today's markup. I am delighted that we have worked in a
    bipartisan manner to pass today's legislation. And did want to
    speak for a minute on H. Res. 131, Concerning the ongoing
    conflict in the Democratic Republic of the Congo and the need
    for international efforts toward long-term peace, stability,
    and the observance of human rights. As you are well aware, in
    the DRC, an estimated 5 million people, which is just an
    incredible number, have died, and some 2 million have been
    displaced due to repeated cycles of war, conflict, violence,
    particularly sexual, and gender-based violence waged against
    women and children. It is time for this crisis to come to an
    end. Today's markup takes an important step forward in efforts
    to raise awareness within the U.S. Congress and among all
    Americans of this horrific and tragic crisis.
        I was recently in the Congo and heard from many people
    there. And I have heard from the Congolese diaspora here in the
    United States about the situation in the Congo. Currently, we
    have 55 Members of the House from both parties that have
    cosponsored this bill, and I plan to continue to call for
    bipartisan support for this legislation. It is also my
    understanding that efforts are underway to introduce similar
    legislation in the Senate.
        Lastly, there has been a great deal of discussion around
    the need for a special envoy to the DRC in the Great Lakes
    region. This legislation calls for such an envoy, and Secretary
    Kerry in testimony before both the House and the Senate has
    indicated his plan to make an appointment. I am pleased that
    this effort is making progress and urge the Secretary to move
    swiftly to make his decision and develop a comprehensive
    strategy that relies on diplomacy and engagement to address the
    complex set of issues that stand as barriers to peace and
    stability in the DRC and the region.
        Thank you, and I yield back my time.
        Mr. Smith. I yield to myself such time as I may consume. I
    want to thank the ranking member, Karen Bass, for introducing
    this important resolution. And I am very pleased to be original
    cosponsor. And it is supported, I know, by members of this
    subcommittee. This measure brings attention to the continuing,
    deplorable situation in the DRC in which more than two dozen
    militias, as well as the national army itself, continue to
    terrorize the country's population. The international community
    has been outraged by the staggering rate of sexual violence,
    which reports that nearly 50 women and girls being raped each
    hour in the DRC. The atrocities also include recruitment and
    physical and psychological torture of child soldiers. H. Res.
    131 calls on the Nation of Africa's Great Lakes region,
    including the DRC Government itself, to take all necessary
    actions to live up to international law and their own
    agreements concerning noninterference in one another's affairs.
        As we found out through several U.N. investigations and our
    subcommittee's three hearings last year, this has not always
    been the case. Unregulated cross-border militia activity and
    the plundering of natural resources in the DRC have made life
    for so many Congolese, especially those in the Eastern Congo,
    all but unbearable. The trade in illicit minerals and poached
    ivory has also served to the fuel the conflict in the DRC.
        The Atrocity Prevention Board, created in 2011, to
    coordinate U.S. policy to prevent mass atrocities and serious
    human rights violations is called upon by H. Res. 131 to work
    with regional and international partners to bring the tragedy
    of life in the Eastern Congo to a definitive end. The
    Atrocities Prevention Board is directed to ``address, prevent,
    and ensure accountability for serious violations of
    humanitarian law and human rights abuses by all actors in the
    DRC.''
        While its neighbors share the blame for the international
    crisis that exists in the Great Lakes, H. Res. 131 also calls
    on the Government of the DRC to investigate and prosecute its
    own military forces and citizens responsible for human rights
    abuses and to proceed with democratic and security sector
    reforms which it has previously agreed to.
        Would anyone else like to be heard on this?
        I would like to now recognize myself to speak briefly on
    H.R. 1897. And I do want to thank my colleagues for their
    support of the Vietnam Human Rights Act of 2013. The
    subcommittee, as we all know, heard from witnesses at a hearing
    on April 11 that the Vietnam's Government continues to violate
    a broad array of fundamental human rights. The testimony we
    heard confirmed that religious, political, and ethnic
    persecution continue and that Vietnamese officials are
    complicit in human trafficking. At that hearing, just over a
    month ago, we heard from a sister of a Vietnamese woman who was
    forced to work in a brothel in Russia with 14 other Vietnamese
    women.
        At another hearing last year, we heard about a group of
    Vietnamese workers who were trafficked to Jordan. In each of
    these cases, not only did officials from the Vietnamese
    Government fail to help the victims, but they actually
    cooperated with the traffickers to keep the trafficking
    operations going. I am pleased to report that following the
    April hearing and the sister's courageous testimony, the
    Vietnamese trafficking victims who were being held in Russia
    have been freed. But the Vietnamese Government must respect the
    human rights of all of its people, not only those who are
    fortunate enough to have their human rights violations
    publicized at a congressional hearing. For this reason, I have
    reintroduced the Vietnam Human Rights Act and I am glad the
    subcommittee voted it out today.
        The purpose of H.R. 1897 is to promote the development of
    freedom and democracy in Vietnam. It seeks to do so primarily
    by stipulating that the United States can increase its non-
    humanitarian assistance to Vietnam above the 2012 Fiscal Year
    levels only when the President is able to certify to Congress
    that the Government of Vietnam has made substantial progress,
    operative words, substantial progress in establishing a
    democracy and promoting human rights, including respecting
    freedom of religion and releasing all political religious
    prisoners; respecting rights of freedom of expression, assembly
    and association, and releasing all political prisoners,
    independent journalists, and labor activists; repealing and
    revising laws that criminalize peaceful dissent, independent
    media, unsanctioned religious activity, and nonviolent
    demonstrations in accordance with the international human
    rights standards; respecting the human rights of members of all
    ethnic groups, and then taking all appropriate steps, including
    prosecution of government officials, to end any government
    complicity in human trafficking. This condition on increased
    non-humanitarian assistance may be waived in the national
    interest of the United States, if any such increase is offset
    by assistance to increase training on Vietnam's international
    human rights obligations, to support noncommercial rule of law
    programming, or to support measures to overcome the Vietnamese
    Government's jamming of Radio Free Asia.
        H.R. 1897 also includes several senses of Congress. Vietnam
    has announced it is seeking membership in the U.N. Human Rights
    Council, a vote that will be held at this fall's U.N. General
    Assembly. Given the Vietnamese Government's abysmal human
    rights record, the bill calls on the Secretary of State to
    strongly oppose Vietnam's candidacy.
        The bill also indicates that Vietnam should be redesignated
    a Country of Particular Concern for religious freedom, pursuant
    to the International Religious Freedom Act of 1998, and that
    its tier ranking, pursuant to the Trafficking Victims
    Protection Act, should reflect the fact that the government is
    not making significant efforts to eliminate human trafficking.
        Again, I want to thank my colleagues for their support. I
    yield to any member who would like to speak. Mr. Meadows.
        Mr. Meadows. Mr. Chairman, I want to thank you for your
    comments and for highlighting this issue. And I have been in
    some of these hearings as we have heard the just riveting
    testimony from so many of the affected families. And time and
    time again, the recommendation was that we put forth meaningful
    legislation that does not just talk about our support for human
    rights, but really makes sure that it is measurable and that it
    has consequences. I am hopeful that we will see speedy action
    on this particular piece of legislation.
        I was unaware of many of the unbelievable atrocities that
    were happening until we heard testimony in this very room, and
    I want to thank the chairman for highlighting it, but also for
    putting forth this legislation that I hope will see an end to
    some of the unbelievable atrocities that are occurring.
    Specifically, to have an appointment of a country with the
    known violations to the Human Rights Council would be very
    problematic and would send the wrong message. So I agree and
    concur and would encourage the Secretary to oppose that until
    we see significant responses on behalf of the Vietnam
    Government. With that, I yield back. Thanking the chair.
        Mr. Smith. Are there any other members who wish to be
    heard?
        If not, I do want to thank my distinguished colleagues for
    their participation and support for these bills on both sides
    of the aisle. This markup is concluded. And we are finished.
        [Whereupon, at 11:57 a.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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