[Congressional Record Volume 169, Number 69 (Tuesday, April 25, 2023)]
[House]
[Pages H1927-H1929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1630
DEMANDING THAT THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE 
        COMMUNIST PARTY OF CHINA IMMEDIATELY RELEASE MARK SWIDAN

  Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H. Res. 90) demanding that the Government of the People's 
Republic of China and the Communist Party of China immediately release 
Mark Swidan, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H. Res. 90

       Whereas Mark Swidan is being unjustly and arbitrarily 
     detained by the Government of the People's Republic of China, 
     according to the United States Government and the United 
     Nations Human Rights Council (UNHRC) Working Group on 
     Arbitrary Detention;
       Whereas, Mark Swidan is a United States citizen from 
     Luling, Texas, and is a resident of Houston, Texas;
       Whereas, on November 13, 2012, Mark Swidan was abducted by 
     officers of the Public Security Bureau while on a business 
     trip to the People's Republic of China, and on December 21, 
     2012, Swidan was formally arrested following an indictment 
     issued by the Public Prosecutions Office of the People's 
     Procuratorate of Jiangmen City alleging that Swidan was part 
     of a criminal conspiracy with 11 other individuals to 
     manufacture and traffic drugs;
       Whereas, on April 30, 2019, a PRC court sentenced Swidan to 
     death, which he has appealed;
       Whereas PRC security officials repeatedly attempted to 
     coerce Swidan into signing a confession, but Swidan refused 
     to sign a confession pleaded not guilty;
       Whereas, according to evidence evaluated by the UNHRC 
     Working Group on Arbitrary Detention--
       (1) no drugs were found on Swidan or in his hotel room;
       (2) the prosecution did not produce any forensic evidence 
     of the alleged offenses;
       (3) records in Swidan's passport indicate he was not in the 
     People's Republic of China during the time of the offenses; 
     and
       (4) the 11 other individuals indicted in relation to the 
     alleged conspiracy could not identify Swidan;
       Whereas PRC officials have maliciously and systematically 
     denied Swidan's mother Katherine Swidan, a resident of Texas, 
     and other members of his family the ability to contact him;
       Whereas the PRC have denied and continue to deny United 
     States diplomats full consular access to Swidan, in violation 
     of international norms;
       Whereas Swidan's detention has been and continues to be 
     inhumane, and includes exposure to extreme weather 
     conditions, sleep deprivation, and physical and psychological 
     abuse;
       Whereas Swidan's health has precipitously deteriorated and 
     PRC security officials continue to deny independent or 
     competent medical care and evaluation to Swidan;
       Whereas humanitarian organizations of the United States, 
     including the Dui Hua Foundation, which helped put this case 
     before the Working Group, and the Global Liberty Alliance, 
     which has asked the Sister Cities programs to sever 
     relationships with Jiangmen until Swidan is released, have 
     sought to highlight the injustice and conditions of Swidan's 
     detention;
       Whereas the UNHRC Working Group on Arbitrary Detention--
       (1) found that Swidan is being held in violation of 
     customary international law;
       (2) emphasized the nonconformity by the PRC with 
     international norms, including the Universal Declaration of 
     Human Rights; and
       (3) stressed that ``the appropriate remedy would be to 
     release Swidan immediately and accord him an enforceable 
     right to compensation and other reparations, in accordance 
     with international law'': Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) demands that the Government of the People's Republic of 
     China and the Chinese Communist Party immediately release 
     Mark Swidan;
       (2) condemns the Government of the People's Republic of 
     China and the Chinese Communist Party for refusing to provide 
     Swidan with--
       (A) regular communication with his family;
       (B) access to United States diplomats; and
       (C) independent and competent medical care and evaluation; 
     and
       (3) calls on the United States Government to deepen and 
     prioritize efforts to secure the release of Swidan, including 
     by--
       (A) urging PRC counterparts at every level of engagement to 
     release Swidan; and
       (B) using the voice and vote of United States diplomats in 
     international forums to highlight Swidan's case.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. McCaul) and the gentlewoman from North Carolina (Ms. 
Manning) each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Mark Swidan is an American, a Texan, and has been a 
hostage of the Chinese Communist Party for more than a decade. We stand 
together to demand his release and an end to his torture by CCP 
officials.
  In 2012, Mark was wrongfully detained in China for a crime he clearly 
did not commit. The U.N. Working Group on Arbitrary Detention has found 
that it was impossible for him to have committed any of the crimes he 
is charged with. In fact, Mr. Speaker, he was not even in China at the 
time the CCP says that these false crimes were committed.
  Since his abduction in 2012, Mark has been grossly abused in Chinese 
custody. He has been held for more than a decade in temporary detention 
facilities intended for brief custody. He remains caged in a small, 
crowded cell that is freezing in the winter and sweltering in the 
summer. The toilet is a hole in the ground; the lights are never turned 
off; and he has no regular access to sunlight, a bed, or hot water.
  Chinese officials have denied him proper medical care. Guards have 
broken his hands several times, and he has suffered a dislocated knee. 
Mark has lost almost 100 pounds. He suffers from tooth and gum disease, 
and his mouth bleeds every day. Mark has only been allowed to speak 
with his family a handful of times. His ordeal has taken a terrible 
toll on his physical and mental health.
  Just last week, the People's Republic of China denied Mark's appeal 
and upheld the death penalty with a 2-year suspended death sentence. 
Threatening an American citizen with death for a crime that he could 
not have possibly committed is a brazen human rights violation and a 
disgusting example of CCP's hostage diplomacy.
  Protecting Americans abroad is a priority mission of the State 
Department, yet State has failed to secure Mark's release or hold the 
CCP accountable for its gross violation of his basic human rights. 
Instead, the Biden administration continues to prioritize engagement 
with the PRC over all else, even the safety of American citizens.
  This bipartisan resolution before us today unanimously passed the 
Foreign Affairs Committee in February. It condemns the CCP for their 
violation of international law and demands the immediate release of Mr. 
Swidan. Furthermore, it urges the Biden administration to hold the CCP 
accountable for its blatant violation of human rights and international 
law.
  I thank the gentleman from Texas (Mr. Cloud), my good friend, for 
introducing this resolution which deserves our unanimous support.
  Mr. Speaker, I reserve the balance of my time.
  Ms. MANNING. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this resolution before us 
today. It is

[[Page H1928]]

not just timely; it is urgently important.
  Earlier this month, a court in the People's Republic of China denied 
an appeal by U.S. national Mark Swidan, who has been wrongly detained 
in China, and upheld his death penalty with a 2-year suspended death 
sentence.
  The PRC has detained Mark since his arrest for drug-related crimes in 
2012, even though he was not convicted until 2019. He has been 
arbitrarily detained for more than 10 years and has been denied regular 
communication with his family, regular access to United States' 
consular officials, and has not had access to competent medical care 
and treatment.
  Swidan's detention conditions have included exposure to extreme 
weather conditions, sleep deprivation, and physical and psychological 
abuse, leading tragically to Mark's attempting to take his own life.
  This is, simply put, a travesty of justice. Mr. Speaker, no concrete 
evidence has been provided to justify the charges against Mr. Swidan. 
In 2020, a United Nations body confirmed what we already knew, that Mr. 
Swidan has been arbitrarily detained in violation of international law, 
and we call for his swift release.
  Mr. Speaker, this body needs to come together today to stand up for 
Mr. Swidan and make clear to Beijing that his inhumane treatment is 
unacceptable.
  H. Res. 90 is a bipartisan measure led by Representative Cloud that 
passed out of the House Foreign Affairs Committee unanimously. It 
condemns the PRC for its mistreatment of Mark and calls for his 
immediate release. It also asks the Biden administration to redouble 
its efforts to highlight the case of Mr. Swidan internationally and to 
help secure his release through diplomacy.
  Though the court has provided Mr. Swidan with a 2-year reprieve on 
his death sentence, we cannot afford to wait that long to correct the 
injustice he has suffered. By passing this resolution today, the House 
makes clear to the People's Republic of China that it should release 
Mark Swidan immediately.
  Mr. Speaker, I encourage my colleagues to support this timely 
resolution, and I reserve the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Texas (Mr. Cloud), the author of this bill.
  Mr. CLOUD. Mr. Speaker, I thank the chairman for his support in 
getting Mark Swidan back to his home and to his family. I also thank 
the ranking member for her support, as well.
  Mark Swidan is a native Texan from Luling who is currently being 
detained in China on fabricated drug charges and faces an impending 
death sentence.

  Mark was arrested on November 13, 2012, while on a trip to China to 
procure furnishings for his home and business. Chinese authorities 
burst into his hotel room while he was on the phone with his family 
and, without showing any warrant, arrested him and confiscated his 
photography equipment, wallet, tablet, passport, and identity card.
  They originally told him he was being held as a witness, but that 
rapidly changed. Mark was accused of being involved in the 
manufacturing and trafficking of drugs, leading to Chinese officials 
trying to coerce him into signing a false confession.
  Mark maintained his innocence and his integrity and has rejected 
their attempts to this day. Nonetheless, Mark has been imprisoned in 
China for over 10 years, despite the fact that no drugs were ever found 
on Swidan or in his hotel room, and the prosecution did not produce any 
evidence tying him to the drugs. The 11 other individuals indicted on 
the same charges could not identify Mark, and records in Mark's 
passport show that he was not even in China during the time of the 
alleged offense.
  As a result, Mark hasn't slept in the dark for over 10 years and is 
exposed to extreme heat in the summer and freezing cold in the winter. 
His hands have been broken a number of times. Mark faces abuse by his 
captors and has been denied an independent medical examination despite 
his deteriorating health in the detainment facility.
  A few weeks ago, China upheld Mark Swidan's death sentence. It is my 
hope that this resolution will signal to China that this death sentence 
should not be enforced, and that Mark should be sent home.
  Additionally, this resolution calls on the administration to use all 
the tools at their disposal to secure Mark Swidan's release.
  The People's Republic of China and the Chinese Communist Party have a 
history of capturing innocent people and using them as political pawns. 
This needs to stop. Unfortunately for them, though, Mark has defiantly 
refused to be coerced as he waits on us to secure his release.
  Mr. Speaker, I call on all my colleagues in Congress to support this 
resolution and for our State Department to redouble their efforts and 
use every means available to bring Mark Swidan home.
  Ms. MANNING. Mr. Speaker, I yield myself the balance of my time for 
the purpose of closing.
  Mr. Speaker, the American people send us to Washington to represent 
them, to advance the national interest, and most importantly, to keep 
them safe. When the life and dignity of any American is challenged or 
undermined, it is our duty as lawmakers to speak out and take action.
  That is why it is vital that this body condemn the People's Republic 
of China for its unjust and arbitrary detention and inhumane treatment 
of American citizen Mark Swidan. That is why it is vital that this body 
demand that Mr. Swidan be swiftly released and returned to the United 
States.
  Mr. Speaker, I hope my colleagues will join me and support this 
important resolution, and I yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield myself the balance of my time to 
close.
  Mr. Speaker, if we are seen as a weak nation, we will be treated as 
such. Appeasement only invites aggression. The U.S. must not tolerate 
these brazen acts of hostage diplomacy. I wish that Mark Swidan could 
somehow hear us in this Chamber today to know that he is not forgotten. 
However, I know that his tireless advocate, his mother, Katherine, is 
listening; and I know that his CCP captors and abusers are listening, 
too.
  Our unified bipartisan message to them is simple: Free Mark Swidan 
now.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I rise in strong support of H. 
Res. 90, calling for the immediate release of U.S. Citizen Mark Swidan, 
whose wrongful and arbitrary detention by the Chinese Communist 
authorities, without ever having had a chance at a fair trial, is 
unconscionable.
  Just two weeks ago, the PRC Jiangmen Intermediate Court denied Mr. 
Swidan's appeal. He remains on death row, with a two-year suspended 
death sentence.
  Moreover, I and my colleagues are very concerned at the condition in 
which Mr. Swidan is being held. He is being denied needed medical care 
and is cut off from receiving mail from loved ones in a timely manner.
  The United Nations Working Group on Arbitrary Detention has expressed 
``grave concern'' over the severity of Mr. Swidan's sentence, and has 
catalogued the step-by-step denial of justice that has accompanied Mr. 
Swidan's arbitrary detention: ``it is evident that Mr. Swidan has been 
unable to defend himself properly, as he has been subjected to a 
detention of extraordinary length, to ill-treatment and to coercion 
with the purpose of extracting a confession and as he has received 
ineffective legal assistance.''
  The Working Group has therefore called for the only just resolution 
of this case: ``release Mr. Swidan immediately and accord him an 
enforceable right to compensation and other reparations.''
  We also must redouble our efforts to release of US citizens Kai Li 
and David Lin, who are wrongful detainees, as well as Chinese nationals 
who are imprisoned because of their connection to the United States, 
such as Ekpar Asat, who was jailed because he participated in the State 
Department's International Visitor's Leadership Program, and Gulshan 
Abbas, who was interned because of her sister Rushan's intrepid 
reporting at Radio Free Asia, and her testimony before Congress and 
elsewhere.
  At the end of the day these individuals are hostages held by a 
hostile regime. Their freedom must be prioritized and raised in all our 
State Department's interactions with PRC officials.
  Please join me in supporting this resolution, and in calling for Mark 
Swidan's immediate release.

[[Page H1929]]

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. McCaul) that the House suspend the rules and 
pass the bill, H. Res. 90, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. McCAUL. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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