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

    UNITED STATES INTERNATIONAL COMMUNICATIONS REFORM ACT OF 2014; TO AMEND
        THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998 TO INCLUDE THE
      DESECRATION OF CEMETERIES AMONG THE MANY FORMS OF VIOLATIONS OF THE
      RIGHT TO RELIGIOUS FREEDOM; CALLING FOR AN END TO ATTACKS ON SYRIAN
    CIVILIANS AND EXPANDED HUMANITARIAN ACCESS; AND IMMEDIATE ESTABLISHMENT
                    OF SYRIAN WAR CRIMES TRIBUNAL RESOLUTION

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

                                     MARKUP

                                   BEFORE THE

                          COMMITTEE ON FOREIGN AFFAIRS
                            HOUSE OF REPRESENTATIVES

                        ONE HUNDRED THIRTEENTH CONGRESS

                                 SECOND SESSION

                                       ON

                       H.R. 4490, H.R. 4028, H. Res. 520

                              and H. Con. Res. 51

                                   __________

                                 APRIL 30, 2014

                                   __________

                               Serial No. 113-162

                                   __________

            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/

                                     ______

                       U.S. GOVERNMENT PRINTING OFFICE
    87-713                     WASHINGTON : 2014
    ____________________________________________________________________________
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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--resigned 1/27/  GRACE MENG, New York
        14 deg.                          LOIS FRANKEL, Florida
    DOUG COLLINS, Georgia                TULSI GABBARD, Hawaii
    MARK MEADOWS, North Carolina         JOAQUIN CASTRO, Texas
    TED S. YOHO, Florida
    LUKE MESSER, Indiana

         Amy Porter, Chief of Staff      Thomas Sheehy, Staff Director

                   Jason Steinbaum, Democratic Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                   MARKUP OF

    H.R. 4490, United States International Communications Reform Act
      of 2014........................................................     2
      Amendments to H.R. 4490 offered by:
          The Honorable Edward R. Royce, a Representative in Congress
            from the State of California, and chairman, Committee on
            Foreign Affairs..........................................    69
          The Honorable William Keating, a Representative in Congress
            from the Commonwealth of Massachusetts...................    74
          The Honorable Alan S. Lowenthal, a Representative in
            Congress from the State of California....................    75
          The Honorable Dana Rohrabacher, a Representative in
            Congress from the State of California....................    76
          The Honorable Brad Sherman, a Representative in Congress
            from the State of California.............................    76
    H.R. 4028, To amend the International Religious Freedom Act of
      1998 to include the desecration of cemeteries among the many
      forms of violations of the right to religious freedom..........    80
      Amendment to H.R. 4028 offered by the Honorable Doug Collins, a
        Representative in Congress from the State of Georgia.........    81
    H. Res. 520, Calling for an end to attacks on Syrian civilians
      and expanded humanitarian access...............................    83
      Amendment in the nature of a substitute to H. Res. 520 offered
        by the Honorable Edward R. Royce.............................    91
    H. Con. Res. 51, Immediate Establishment of Syrian War Crimes
      Tribunal Resolution............................................   100
      Amendment in the nature of a substitute to H. Con. Res. 51
        offered by the Honorable Christopher H. Smith, a
        Representative in Congress from the State of New Jersey......   104

                                    APPENDIX

    Markup notice....................................................   118
    Markup minutes...................................................   119
    Markup summary...................................................   121
    The Honorable Eliot L. Engel, a Representative in Congress from
      the State of New York: Prepared statement......................   122
    The Honorable Brad Sherman: Prepared statement...................   123
    The Honorable Gerald E. Connolly, a Representative in Congress
      from the Commonwealth of Virginia: Prepared statement..........   124
    UNITED STATES INTERNATIONAL COMMUNICATIONS REFORM ACT OF 2014; TO AMEND
        THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998 TO INCLUDE THE
      DESECRATION OF CEMETERIES AMONG THE MANY FORMS OF VIOLATIONS OF THE
      RIGHT TO RELIGIOUS FREEDOM; CALLING FOR AN END TO ATTACKS ON SYRIAN
    CIVILIANS AND EXPANDED HUMANITARIAN ACCESS; AND IMMEDIATE ESTABLISHMENT
                    OF SYRIAN WAR CRIMES TRIBUNAL RESOLUTION

                                  ----------

                           WEDNESDAY, APRIL 30, 2014

                           House of Representatives,

                         Committee on Foreign Affairs,

                                Washington, DC.

        The committee met, pursuant to notice, at 10:07 a.m., in
    room 2712, Rayburn House Office Building, Hon. Ed Royce
    (chairman of the committee) presiding.
        Chairman Royce. The committee will come to order.
        Pursuant to notice, we meet today to mark up four strongly
    bipartisan measures by the committee here. And because there
    are four other full committee markups going on at this same
    time and because these measures enjoy such broad support here
    on the committee, the ranking member and I intend to proceed
    according to the expedited procedure e-mailed to your offices
    yesterday.
        So, without objection, all members may have 5 days to
    submit statements for the record and any extraneous materials
    on today's items.
        And I now call up H.R. 4490.
        The clerk will report the bill.
        Ms. Marter. H.R. 4490, a bill to enhance the missions,
    objectives, and effectiveness of United States international
    communications, and for other purposes. Be it enacted----
        Chairman Royce. So, without objection, the bill is
    considered read.
        [H.R. 4490 follows:]

        Chairman Royce. And I now recognize members for opening
    remarks on this bill, beginning with myself and beginning with
    the ranking member.
        And so let me begin by thanking Eliot Engel for his work in
    moving this bipartisan bill forward. The two of us and others
    on the committee have just returned from Ukraine, and that
    visit, I think for all of us, underscored the need to reform
    U.S. international broadcasting. Traveling to eastern Ukraine,
    our delegation witnessed the Russian propaganda machine, which
    is now in overdrive, and the attempts by Russia to undermine
    regional stability. The Russian closure of local Ukrainian
    radio and television stations, the jamming of uncensored
    sources of information into the country--all of this demands an
    effective response. This committee recently worked on
    legislation, signed into law, to ramp up programming into
    Ukraine.
        But unfortunately, U.S. broadcasters--the Voice of America,
    Radio Free Europe, Radio Free Asia, and others--are competing
    with a hand tied behind their back. And that is because the
    bureaucratic structure over the top of these radios, the
    Broadcasting Board of Governors, the BBG as it is known, that
    structure is broken.
        So while our enemies are working right now 24/7 on their
    public information campaigns, the organization at the helm of
    ours meets once a month--once a month--and often doesn't have a
    quorum. And that is a recipe for failure. And if we think about
    some of the witnesses we have heard on this subject, then-
    Secretary Clinton told this committee last year that the BBG,
    in her words, is ``practically defunct.'' Reports from the
    Inspector General and the GAO have agreed, as does nearly
    everyone with experience in this field, Republicans or
    Democrats.
        This legislation makes dramatic changes to the current
    organization by clarifying the missions of our U.S.
    international broadcasters, consolidating six organizations
    into two.
        One organization, the United States International
    Communications Agency, will remain a Federal entity and will
    consist of the Voice of America and the associated technical
    services our broadcasters depend on. And we make clear that the
    mission of the Voice of America is to ``present the policies of
    the United States clearly and effectively,'' exactly as was
    intended.
        Radio Free Europe, Radio Free Asia, and the Middle East
    Broadcasting Network, the so-called surrogates, have, of
    course, a very different mission: To provide uncensored local
    news and information to people in closed societies and to be
    ``a megaphone for internal advocates of freedom.'' So whether
    it is in Iran or North Korea or elsewhere, that is the
    intention of these surrogate broadcasts. And these freedom
    broadcasters, as they are known, will keep their names but
    consolidate into a private, nonprofit corporation that will
    become the Freedom News Network.
        Both the U.S. International Communications Agency and
    Freedom News Network will now have empowered CEOs at the helm
    and purely advisory boards. Ripping away the bureaucracy will
    reduce administrative overlap and allow both organizations to
    thrive. This legislation also mandates important reforms to the
    contracting practices of the BBG and increases public-private
    partnerships.
        Unlike decades past, today's media landscape is highly
    competitive. Other countries are sprinting forward; we are
    still standing still. If we are going to adapt, we need a more
    effective and efficient use of our finite resources, which this
    legislation lays out through its mission clarification and
    management reform.
        And, again, I want to thank Ranking Member Engel, who I now
    turn to for his remarks.
        Mr. Engel. Mr. Chairman, thank you for holding this markup
    of bipartisan legislation, as you mentioned, that will enhance
    the ability of the United States to facilitate the free flow of
    information and share our values with people around the world.
        Let me say firstly, Mr. Chairman, it was a pleasure to
    travel with you on our recent trip to Ukraine. We saw firsthand
    that the competition of ideas and the battle for hearts and
    minds are alive and well.
        Over the past few months, Moscow has used its state-
    controlled media to broadcast totally baseless propaganda that
    has been used as a pretext for Russia's invasion of Crimea and
    its destabilizing activities in eastern Ukraine.
        But Ukraine is far from the only place where objective news
    is in demand. In Iran, the regime closely controls the free
    flow of information and has actively jammed U.S. satellite
    transmissions. And in North Korea, the regime locks radios on
    certain frequencies to prevent people from listening to the
    Voice of America and Radio Free Asia.
        Unfortunately, our efforts to disseminate objective news to
    societies that lack a free media are not as effective as they
    should be. Last year, a report by the State Department
    Inspector General found that the Broadcasting Board of
    Governors, the agency that currently oversees all U.S.
    international broadcasting, was ``failing in its mandated
    duties'' due to a flawed structure and strong internal
    dissension.
        The bill that Chairman Royce and I introduced with support
    from many of our colleagues on both sides of the aisle will
    help fix this structure by improving management, enhancing
    coordination among the different broadcasting entities, and
    empowering journalists and editors to produce high-quality
    programming that keeps pace with the rapidly changing
    international media landscape.
        Specifically, the legislation creates a chief executive
    officer to manage the day-to-day operations of the new U.S.
    International Communications Agency, an umbrella organization
    for Voice of America and Office of Cuba Broadcasting. And it
    also creates a CEO to run the Freedom News Network, a new
    organization comprised of the three existing private grantees,
    which are Radio Free Europe/Radio Liberty, Radio Free Asia, and
    the Middle East Broadcasting Networks.
        The bill also defines the missions of VOA and the Freedom
    News Network to reduce the duplication of programming and
    requires robust coordination between the Federal and private
    entities, including the sharing of content and strategic plans
    to maximize efficiency. Under the new organizational structure,
    Voice of America (VOA), the flagship of U.S. broadcasting for
    more than 50 years, will remain the primary source of
    information about the United States and our culture, while the
    three grantees that form the Freedom News Network will continue
    to provide news to audiences about developments in their own
    countries.
        Only by working closely together will these broadcasters be
    effective in providing comprehensive news and information to
    those who need it most. When I was recently with Chairman Royce
    in the eastern part of Ukraine, we met a lot of people who said
    that they really would welcome more information from the United
    States, that they really don't get the balanced type of
    information. And we know Radio Free Europe and others are the
    ones that helped the Soviet Union collapse. And so this is a
    really smart thing for us to do.
        Lastly, and perhaps most importantly, this bill maintains
    the requirement that U.S.-funded programming serve as an
    objective source of news and information and not simply as a
    mouthpiece for U.S. foreign policy. It is absolutely critical
    that the news be accurate and seen as credible by the foreign
    audiences we are trying to reach.
        So, Mr. Chairman, I would like to thank you again for
    holding this important markup and really for your leadership
    over the course of many years on international broadcasting
    issues. This is one ball that you have run with for many years,
    even before you were chairman of this committee, and it is very
    much noticed and very much appreciated. And I also would like
    to thank you for working with us on this legislation in a
    bipartisan manner.
        I have some votes in my other committee, so I may be in and
    out. But this legislation is so important and should be passed
    with no dissension because I think this is the type of
    legislation that this committee can be proud of, again, on a
    bipartisan basis.
        Thank you, Mr. Chairman.
        Chairman Royce. Thank you, Mr. Engel.
        I will ask now if any other members seek recognition on the
    underlying bill.
        Hearing none, we will now move to the en bloc amendment
    package that was sent to members' offices yesterday.
        Without objection, the following amendments to H.R. 4490,
    which all members have before them, are considered read and
    will be considered en bloc: The Royce Manager's Amendment No.
    102; the Keating Amendment circulated yesterday regarding women
    and minorities; Lowenthal Amendment No. 27, recognizing
    shortwave broadcasting; Rohrabacher Amendment No. 39, regarding
    U.S. national security objectives; and Sherman Amendment No.
    85, regarding ethnic, cultural, or religious groups within
    countries of national security interest to the United States.
        [The information referred to follows:]

                                  ----------

        Chairman Royce. And before recognizing other members to
    speak, I again want to thank the ranking member for working
    with me on the manager's amendment, which includes a number of
    post-introduction corrections, technical changes, and other
    housekeeping matters. And, among other things, it makes it
    clear that the United States International Communications
    Agency is a Federal organization and requires a plan to
    consolidate the Voice of America and the International
    Broadcasting Bureau into that new entity.
        It also reiterates the mandate that the broadcasters share
    their content with each other and requires the development of a
    joint plan to determine how language services will be affected
    by the clarified organizational missions.
        Do any members seek recognition to speak on any of the en
    bloc items?
        Mr. Lowenthal?
        Mr. Lowenthal. Thank you, Mr. Chair. And I want to thank
    you and the ranking member for bringing this important bill
    forward and also for leading our congressional delegation to
    Ukraine. It was an amazing, an amazing trip, where we learned a
    great, great deal.
        That trip to Ukraine only further affirmed to me the
    importance of international broadcasting programs and what a
    great impact they can have in regions that are desperately
    crying out for independent news sources.
        My amendment simply adds the following text to the findings
    of this bill: ``Shortwave broadcasting has been an important
    method of communication that should be utilized in regions as a
    component of the United States international broadcasting where
    a critical need for the platform exists.''
        One of these absolutely critical regions is southeastern
    Asia and specifically Vietnam, which is a one-party, Communist
    state that has no freedom of the press. Its people rely upon
    the trusted news provided by Radio Free Asia, delivered by
    shortwave broadcasting, a media that reaches millions of people
    who would otherwise be uninformed of events in their country.
        International broadcasting and shortwave in particular are
    key components in promoting democratic societies and for
    keeping pressure on totalitarian regimes to respect the
    fundamental human rights of their own people. This amendment
    reiterates our support for shortwave broadcasting and allows
    the United States to continue a diversified portfolio of
    broadcasting to underserved peoples across the globe.
        Thank you, Mr. Chair, and I yield back.
        Chairman Royce. Thank you, Mr. Lowenthal.
        Mr. Keating. Mr. Chairman?
        Chairman Royce. Mr. Keating?
        Mr. Keating. Thank you, Mr. Chairman. I would like to
    strike the last word.
        Mr. Chairman, I would like to thank you and Ranking Member
    Engel for your leadership on this important reform initiative
    that I have proudly cosponsored with you.
        Public diplomacy efforts are critical to our Nation's
    security, prosperity, and image abroad. Oftentimes, a program
    on Alhurra TV or a tweet from Radio Free Europe may be the only
    direct communication an individual overseas may receive from
    our country. In fact, yesterday alone, the Prime Minister from
    Latvia was here speaking to some of our Members, and she
    mentioned no less than three times about the increase in
    Russian propaganda on Russian-speaking people in her
    population.
        In a world where so such information exists particularly
    about U.S. interests in society, it is important that we do not
    only put our best face forward as a country but demonstrate our
    commitment to the truth and freedom of expression in media, as
    well.
        I am pleased that my amendment to prioritize the delivery
    of information and programming to isolated women and minority
    populations overseas is included in the en bloc package.
        Recently, Mr. Chairman, you and I held a hearing on the
    nexus between promoting education for women and girls and
    countering violent extremism. This amendment is a byproduct of
    that hearing and will help close the gap by encouraging more
    outreach and public-private partnerships to reach women in
    isolated communities and in some cases assist in increasing
    their access to education and uncensored information sources.
        In this way, we will not only be relaying a vision of
    democracy to other Nations, but we will actually be helping to
    build such societies by strengthening the civil society
    engagement and outreach itself.
        Mr. Chairman, I am pleased that the committee has agreed to
    include the access to education as a primary component to the
    democratic ideals the Freedom News Network aims to support in
    its report. And I hope that all of us as colleagues will join
    together in supporting this commonsense provision in the en
    bloc amendment.
        And I yield back my time.
        Chairman Royce. Thank you, Mr. Keating.
        Any other members seeking recognition?
        Hearing none, the question occurs on the en bloc amendment.
        All those in favor, say aye.
        All those opposed, no.
        In the opinion of the Chair, the ayes have it, and the en
    bloc amendments are agreed to.
        Are there any additional amendments to H.R. 4490?
        Hearing no further amendments, the question now occurs on
    agreeing to H.R. 4490 as amended.
        All those in favor, say aye.
        All opposed, no.
        In the opinion of the Chair, the ayes have it. The bill as
    amended is agreed to.
        And, without objection, H.R. 4490 as amended is ordered
    favorably reported as a single amendment in the nature of a
    substitute. Staff is directed to make any technical and
    conforming changes.
        And we now move to the remaining three measures, which we
    will consider en bloc together with the bipartisan amendments
    provided to your offices yesterday.
        Without objection, the following items, which all members
    have before them, are considered read and will be considered en
    bloc: H.R. 4028, To amend the International Religious Freedom
    Act of 1998 to include the desecration of cemeteries . . .;
    Collins Amendment No. 44 to H.R. 4028; House Resolution 520,
    Calling for an end to attacks on Syrian civilians and expanded
    humanitarian access; Royce Amendment 101 in the nature of a
    substitute to House Resolution 520; House Concurrent Resolution
    51, calling for the establishment of a Syrian war crimes
    tribunal; and the Smith Amendment No. 51 in the nature of a
    substitute to House Concurrent Resolution 51.
        [The information referred to follows:]

        Chairman Royce. I will now recognize members who want to
    speak on the en bloc items. And I will begin with myself,
    because today we are considering two resolutions regarding the
    crisis in Syria.
        The first is House Resolution 520, which Ranking Member
    Engel and I introduced last month in response to the dire
    humanitarian situation there. Mr. Engel has led on this
    critical issue for years now, which I greatly appreciate.
        It has been over 3 years since Syrian protesters peacefully
    gathered to call for democratic reforms. Many of you remember
    the protest with the demonstrators asking, ``Peaceful,
    peaceful,'' as they walked through the street before they were
    fired upon by forces loyal to Syria's brutal dictator, Bashar
    al-Assad. Since then, the conflict has claimed the lives of at
    least 150,000 people. It has displaced millions, while fueling
    the expansion of terrorist groups throughout the region.
        This crisis is a humanitarian nightmare. Backed by Russia,
    Iran, and Hezbollah, Assad continues to commit mass atrocities,
    including the extermination of entire families, incidents of
    ethnic cleansing, aerial bombardment of residential areas with
    barrel bombs, and even the use of chemical weapons, such as
    last summer's sarin attack on a Damascus suburb.
        The U.N. has estimated that over 9 million Syrians trapped
    inside the country are in need right now of humanitarian
    assistance. Yet Assad continues to use international aid as a
    weapon of war. He has instigated kneel-or-starve campaigns in
    which civilians are denied food and other basic supplies until
    they bow to the regime.
        This resolution demands that all parties to the conflict in
    Syria immediately cease attacks on civilians and provide aid
    workers with access throughout the country. This would include
    the many Syrian-Americans, including medical professionals, who
    are so bravely trying to provide assistance to those in need
    inside Syria.
        It also urges the administration to formally withdraw its
    official diplomatic recognition of the Assad regime. Shortly
    after this resolution's introduction, the administration
    expelled Syrian diplomats from the United States. Given Assad's
    barbaric slaughter of his own people and other grave abuses,
    ending our official recognition of his regime is more than
    justified.
        And, lastly, this resolution calls upon the President to
    develop and submit to Congress a strategy for U.S. engagement
    on the Syria crisis.
        Now the other House Concurrent Resolution 51, that I was
    going to comment on was introduced by Subcommittee Chairman
    Smith. We appreciate what strong leadership Mr. Smith has shown
    on so many humanitarian issues, and the crisis in Syria is no
    exception.
        I have already touched on the growing list of horrendous
    atrocities being committed inside Syria. Assad and his
    supporting forces, which include Hezbollah, are guilty of
    widespread human rights violations, summary executions, ethnic
    cleansing, chemical attacks. And, meanwhile, extremist groups,
    especially associated with al-Qaeda, have also been guilty of
    grave abuses as they strive to violently impose their own
    radical ideology on Syrian civilians.
        House Concurrent Resolution 51 calls for the creation of an
    international tribunal to hold accountable those responsible
    for these heinous crimes. The resolution envisions a flexible,
    ad hoc court, like those established following brutal conflicts
    in Yugoslavia, Rwanda, and Sierra Leone.
        To be clear, this court would be entirely distinct from the
    International Criminal Court and would focus solely on the
    Syria crisis. Congressional approval of this resolution will
    send a strong signal of support to the Syrian people, and I
    urge members to support its passage here today.
        And I now turn to H.R. 4028, introduced by Ms. Meng of New
    York.
        The freedom to practice the religion of one's choosing is a
    core principle of good democratic governance. This freedom
    includes the ability to gather and pay respects to loved ones
    in accordance with religious or spiritual rights of passage.
    Unfortunately, in some places around the world, local or
    national governments have permitted the destruction of
    cemeteries with certain religious affiliations or have
    tolerated their desecration by hateful groups.
        H.R. 4028 modifies the International Religious Freedom Act
    to include the desecration of cemeteries among the listed
    violations of the right to religious freedom. This bill
    emphasizes that Congress views the desecration of cemeteries as
    constituting a violation of this fundamental right.
        And I want to thank the bill's author, Ms. Meng, for her
    leadership on this important issue.
        And I also want to thank Mr. Collins for his amendment
    today, which puts the preservation of burial grounds in its
    proper context. As members know, Mr. Collins has served as a
    pastor, and we very much appreciate his insight.
        So do any members seek recognition to speak on any of the
    en bloc items?
        We will start with Ms. Meng.
        Ms. Meng. I would like to thank Chairman Royce and Ranking
    Member Engel for including H.R. 4028 in the en bloc package of
    bills before the committee today for consideration.
        I also want to thank Congressman Doug Collins for his
    partnership here and valuable contributions to the bill.
        Thank you to both Republican and Democratic committee staff
    for recognizing the value of this bill and working so hard to
    bring it before the committee today.
        The bill is short but, I believe, significant. It adds the
    words ``desecration of cemeteries'' to the violations of the
    rights to religious freedom listed in the International
    Religious Freedom Act of 1998.
        There are two related problems we seek to address through
    this legislation. One is the religiously motivated vandalism of
    cemeteries that occurs with alarming regularity. The second is
    the building and development over cemeteries in places where
    there are no communities remaining to protect and look out for
    the cemeteries. The bill will give our diplomats a new tool
    they can use to protect our interests.
        H.R. 4028 also empowers the Commission for the Preservation
    of America's Heritage Abroad. This commission was established
    in the 1980s through legislation introduced by the late
    Congressman Stephen Solarz. The Commission works to identify
    and preserve cemeteries, memorials, and buildings in foreign
    countries that are associated with the cultural heritage of
    Americans.
        The Commission has done much work in areas of the former
    Soviet Union where Jewish communities were destroyed by the
    Holocaust and where power subsequently passed to atheistic
    communist regimes. It is essential that we act to protect
    religious freedom in these areas where, as we know, political
    instability and anti-Semitism are widespread.
        It is fitting that we consider this bill during Holocaust
    Remembrance Week because the bill is largely devoted to the
    millions who perished in genocides in the 20th century. These
    genocides destroyed communities and left their burial grounds
    uncared for and unpreserved.
        The preservation of cemeteries often reflects the religious
    tolerance and freedom of the countries in which they are
    located. It is my hope that this legislation will help promote
    such preservation and greater tolerance, respect, and empathy
    around the world.
        I thank the committee again for its consideration and yield
    back the balance of my time.
        Chairman Royce. Ms. Meng, we thank you again for this
    amendment. Thank you.
        Let's see. I think we need to go to Mr. Smith next and then
    to this side.
        Mr. Smith. Thank you very much, Mr. Chairman. And thank you
    for scheduling this important markup and for including H. Con.
    Res. 51 among the bills and resolutions considered.
        I, as no doubt all of you, have been shocked by images of
    horrific human rights violations, including summary executions,
    torture, rape, and chemical weapon attacks in Syria. Since the
    Syrian Civil War began, perhaps as many as 150,000 people have
    been killed and more than 9 million people have been forced to
    leave their homes, 6.5 million of them internally displaced. By
    the end of last year, it is estimated that neighboring
    countries such as Turkey, Jordan, Lebanon, and Iraq were
    holding nearly 3 million Syrian refugees.
        Who is culpable for these heinous acts, and how can they be
    held accountable, be they members of the Assad regime or
    Islamist radicals from neighboring countries? Those who have
    perpetrated human rights violations among the Syrian
    Government, the rebels and the foreign fighters on both sides
    of this conflict, must be shown that their actions will have
    serious, predictable, and certain consequences. They need to
    learn the lesson that Charles Taylor learned, who got a 50-year
    sentence when he was brought to trial and convicted by the
    Special Court for Sierra Leone.
        H. Con. Res. 51, introduced on September 9th, calls for the
    creation of an international tribunal that would be more
    flexible and more efficient than the International Criminal
    Court to ensure accountability for human rights violations
    committed by all sides. Such a tribunal would draw upon past
    experience, creating a justice mechanism robust enough to hold
    perpetrators accountable for the most egregious wrongs yet
    nimble enough not to derail chances for peace due to rigidity.
        Beginning with the Nuremberg and Tokyo tribunals, a body of
    law has developed concerning war crimes, crimes against
    humanity, and genocide. Since the end of the Cold War, we have
    seen examples of ad hoc tribunals in the former Yugoslavia,
    Rwanda, and hybrid mechanisms such as the Special Court for
    Sierra Leone.
        As chair of the subcommittee that deals with human rights,
    especially during the 1990s, as well as Helsinki Commission
    chairman, I held a series of hearings on the Yugoslav tribunal,
    the courts that were in Sierra Leone and Rwanda, the two in
    Africa, and often had the chief prosecutors testify at those,
    including Carla Del Ponte from the Yugoslav court and the chief
    prosecutor from Sierra Leone, David Crane. Well, we brought
    David Crane back last October 30th to ask him what his view
    would be on such a court, and he gave riveting testimony, as
    did other experts, as to the absolute need for the immediate
    establishment of this kind of flexible court.
        I would note parenthetically that each of these tribunals,
    the three of them, have achieved a level of success that has
    escaped the International Criminal Court. The Yugoslavian
    tribunal has won 67 convictions; the Rwanda tribunal, 47; and
    Sierra Leone has won 16 convictions. Meanwhile, the ICC,
    costing about $140 million annually, has thus far seen only one
    conviction--all of the indictments have been in Africa, and
    only one conviction of somebody, a lower-level person from the
    DR Congo.
        One thing we do not want to do is go down the ICC route.
    The ICC process is distant and has no local ownership of its
    justice process. It is far less flexible than an ad hoc
    tribunal that can be designed to fit the situation. The ICC
    requires a referral. In the case of the current President and
    Deputy President of Kenya, it was Kenya itself that facilitated
    the referral. That is highly unlikely in the case of Syria.
        Since Syria is a Russian client state, this U.N. Security
    Council member would oppose any referral of the Syria matter to
    the ICC but might be convinced to support an ad hoc proceeding
    that focuses on war crimes by the government as well as the
    rebels, one that allows for plea-bargaining for witnesses and
    other legal negotiations to enable such a court to successfully
    punish at least some of the direct perpetrators of these
    increasingly horrific crimes.
        And Syria, like the United States, never ratified the Rome
    Statute that created the ICC, which raises legitimate concerns
    about sovereignty, with implications for our country, which
    this panel also addresses.
        There are issues that must be addressed for any Syrian war
    crimes tribunal to be created and to operate successfully.
    There must be sustained international will for it to happen in
    a meaningful way. An agreed-upon system of law must be the
    basis for the proceedings. An agreed-upon structure, funding
    mechanism, and location for the proceedings must be found.
    There must be a determination on how many targets of justice
    will be pursued. A timetable and time span of such a tribunal
    must be devised. There are even more issues that must be
    settled before such an ad hoc tribunal can exist.
        Those who are even now perpetrating crimes against humanity
    must be shown that their crimes will not continue with
    impunity. Syria has been called the world's worst humanitarian
    crisis. One might reasonably also consider it the worst human
    rights crisis in the world, as well. Therefore, the
    international community owes it to the people of Syria and
    their neighbors to do all that we can do right now to bring to
    a halt the actions of those creating this crisis for Syria and
    the region. Now we have the opportunity to give hope to the
    terrorized people of Syria.
        The subcommittee that I chair had a hearing last October
    30th where we heard from some of the most experienced voices
    concerning international justice mechanisms, as we have met
    several times with the State Department and have worked
    diligently with the committee, especially Ranking Member Eliot
    Engel and Chairman Ed Royce, in shaping a lean, muscular
    resolution that could be adapted to address this situation in
    Syria as it currently exists, providing broad latitude for the
    administration to conduct foreign policy.
        The suffering of the people of Syria must end, and today we
    have our opportunity to help achieve that. This is a means to
    that end. And, again, those who are committing these horrific
    crimes need to know that they face certain punishment.
        I yield back, and I thank you very much.
        Chairman Royce. Thank you, Mr. Smith.
        Mr. Gerry Connolly of Virginia.
        Mr. Connolly. Mr. Chairman, because of scheduling, if you
    don't mind, I would yield to my friend, Mr. Deutch.
        Mr. Deutch. Thank you, Mr. Connolly. Thank you, Mr.
    Chairman.
        Thank you, Chairman Royce, for holding today's markup and
    for your leadership in addressing the Syria crisis.
        I would like to offer my full support for H. Res. 520,
    which seeks to refocus U.S. policy toward Syria and provide
    greater access to humanitarian relief to those who are
    suffering.
        As my colleagues have noted, there are now 9.3 million
    people in need of humanitarian assistance, 6\1/2\ million
    internally displaced people in Syria, with potentially 3
    million of those in besieged areas, and 2.7 million refugees in
    neighboring countries. Our regional allies are struggling to
    absorb this massive influx.
        And while the United States has provided over $1.7 billion
    in relief, funding appeals from the United Nations have been
    grossly ignored by the international community, with only $1.5
    billion of the U.N.'s $6.5-billion appeal having been
    fulfilled.
        The conversation surrounding Syria can no longer be just
    about how we put an end to the conflict. It must be about what
    we can do to mitigate the immediate effects of this tragic
    situation on so many innocent civilians.
        We saw a glimmer of hope when the United Nations Security
    Council passed a nonbinding resolution calling on all sides to
    respect humanitarian access. But the terms of this resolution
    have been largely ignored, as millions are still cut off from
    food deliveries and basic medical treatment.
        All of this continues in the midst of new reports that
    chemical attacks using chlorine gas may have happened this past
    month.
        The United States alone will not solve the Syrian crisis,
    but we must continue to press our allies to act on humanitarian
    needs. Ending this type of unimaginable human suffering should
    be a priority for the entire world, but the United States and
    our reputation throughout the world is strengthened when human
    rights holds a prominent place in our foreign policy.
        I would again like to thank the chair and the ranking
    member for their commitment to continuing to advance our Syria
    policy. And I thank my good friend, Mr. Connolly, for yielding.
        Mr. Connolly. Thank you.
        Mr. Chairman, I want to lend my support, my very
    enthusiastic support, to both H. Res. 520 and H. Con. Res. 51,
    companion pieces with respect to Syria.
        The humanitarian crisis in Syria is almost unprecedented in
    the region. We had testimony just a few weeks ago before this
    committee by Rajiv Shah, the USAID Administrator, that the
    number of internal displaced persons in Syria and the number of
    external refugees generated by the crisis has quadrupled in the
    year since he testified previously--quadrupled.
        We now have 25 to 30 percent of the equivalent population
    as refugees in Lebanon and Jordan. These are clearly potential
    sources of destabilization in that part of the world that we
    can least afford. So addressing the humanitarian crisis, it
    seems to me, must be a priority for the United States
    Government.
        And I applaud Mr. Smith for his remarks, and for your
    leadership as well, Mr. Chairman, and for that of Mr. Engel, on
    the war crimes resolution. We do know that that is efficacious.
    We do know that that makes a difference. And holding out that
    hope to the victims of this violence, that sooner or later they
    will be brought to justice, we will see to it, that is what
    this resolution says. And I think it is a very important
    cornerstone of our evolving foreign policy with respect to the
    crisis in Syria.
        I thank the chair, and I thank my colleagues for their
    leadership. And I yield back.
        Chairman Royce. Thank you, Mr. Connolly.
        Mr. Dana Rohrabacher of California.
        Mr. Rohrabacher. Thank you very much, Mr. Chairman, and I
    appreciate you recognizing me for this semi-colloquy.
        And I appreciate your leadership on the issue that was
    brought before us in H.R. 4490, the communications amendment
    and legislation that we just passed through this committee.
    That really is desperately needed reform that has been needed
    for a long time.
        And it is my understanding that you are seriously
    considering including report language that indicates that
    broadcasting entities should not hire an individual who has
    worked within the previous 6 years for the foreign ministry,
    state-sponsored media, or security services of any country that
    does not provide objective, accurate, and credible news.
        This policy is vital to protect our honest and hardworking
    journalists and broadcasters from foreign agents acting at the
    behest of hostile powers. This will also add other improvements
    to the security that this committee has already put in place by
    passing that legislation.
        Three years ago, when I chaired the Oversight and
    Investigation Subcommittee, the very first hearing I called
    looked into the BBG. A major problem that we uncovered at that
    hearing was the lack of effective counterintelligence
    protection for our international broadcasters.
        Mr. Chairman, you know what a powerful tool the Voice of
    America and the Freedom Broadcasters are for our country.
    Preventing such people from working for our broadcasters will
    increase the credibility of our broadcasters and add additional
    security against efforts by foreign powers to disrupt their
    work. I appreciate your willingness to consider including
    language in that legislation, report language, that will deal
    with this issue.
        Chairman Royce. And I want to thank Mr. Rohrabacher for the
    seriousness that he has brought to this debate over how we go
    forward with the Broadcasting Board of Governors.
        One of the specific concerns you have is, of course, the
    vetting of employees who would be tied to foreign governments.
    We accepted your first amendment, which directly says that
    foreign agents--that employees will be vetted to catch foreign
    agents of foreign regimes or those tied to advocating
    terrorism, et cetera. That may have caught most of what you
    want to go after.
        If there is additional language, we are happy to try to
    work with you to work something out as we go forward. This is
    just the first step in the process. But we did accept your
    first amendment----
        Mr. Rohrabacher. Thank you very much.
        Chairman Royce [continuing]. Going directly to the point.
        Mr. Rohrabacher. And I appreciate your willingness to
    perfect it.
        Chairman Royce. Very good. Well, we will try to perfect it.
    Thank you, Mr. Rohrabacher.
        We go now to this side. Any other members seeking
    recognition at this time?
        If not, I think Mr. Collins had the amendment.
        Mr. Collins. Yes. Mr. Chairman, thank you.
        And I would want to thank Congresswoman Meng for bringing
    this issue of desecration of cemeteries to light. It is good
    when we can come together, and especially on issues such as,
    not only religious expression, but also doing so in a very
    tangible way I think is very good. And it is always good to
    reach across and show that we can find common ground, and I
    appreciate that.
        My amendment only adds finding language to the H.R. 4028 to
    highlight the necessity for Congress to add cemetery
    desecration as a violation of religious expression. The
    desecration of the Kaposvar Jewish Cemetery in Hungary is a
    sobering reminder of the lack of religious freedom abroad.
    Something that we have here is not universal. Those grounds are
    final resting places for the deceased and deserve the respect
    of all, regardless of personal beliefs.
        These acts and others like them around the world show the
    continued prejudice toward ethnic and religious groups. These
    attacks affect the fundamental right to freedom of religion,
    especially when tolerated or encouraged by local or national
    governments.
        As an Air Force Reserve chaplain, I believe expressing your
    personal religious beliefs shouldn't be just a privilege, but
    it should be a right given to everyone. That is why I am
    cosponsoring Representative Meng's bill and encourage Congress
    to put its weight behind such a cause.
        This body is committed to protecting the freedom of
    religion, including the preservation of heritage of cemeteries
    across the United States and abroad. That is what brings us to
    this amendment and also to this fine bill and the work that has
    been done by Congresswoman Meng, which I commend, and also the
    chairman and ranking member.
        And, with that, Mr. Chairman, I yield back.
        Chairman Royce. Thank you, Pastor Collins.
        Now, hearing no further requests for recognition, the
    question now occurs on the items considered en bloc. This would
    be the legislation by Ms. Meng on International Religious
    Freedom Act, as it regards desecration of cemeteries, expanding
    that. It would include Mr. Smith's bill, the Syrian war crimes
    tribunal legislation, and the Royce-Engel legislation on Syrian
    humanitarian access. So we will consider that en bloc.
        All those in favor, say aye.
        All those opposed, no.
        In the opinion of the Chair, the ayes have it. The measures
    are considered en bloc. H.R. 4028, House Resolution 520, and
    House Concurrent Resolution 51 are agreed to as amended.
        And, without objection, each of the measures as amended is
    ordered favorably reported as a single amendment in the nature
    of a substitute.
        Staff is directed to make any technical and conforming
    changes.
        And that concludes our business of today. I want to thank
    Ranking Member Engel and all of our committee members here for
    their contributions and assistance to this legislation.
        The committee is adjourned.
        [Whereupon, at 10:48 a.m., the committee was adjourned.]

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