[House Hearing, 112 Congress]
[From the U.S. Government Printing Office]
SYRIA FREEDOM SUPPORT ACT; HOLOCAUST INSURANCE ACCOUNTABILITY ACT OF
2011; EXPORT PROMOTION REFORM ACT; COUNTERING IRAN IN THE WESTERN
HEMISPHERE ACT OF 2012; EXPORT PROMOTION REFORM ACT; AND EXPRESSING THE
SENSE OF CONGRESS THAT TAIWAN SHOULD BE ACCORDED OBSERVER STATUS IN THE
INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO)
=======================================================================
MARKUP
BEFORE THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
SECOND SESSION
ON
H.R. 2106, H.R. 890, H.R. 1410, H.R. 3783, H.R. 4041 and S. Con. Res.
17
----------
MARCH 7, 2012
----------
Serial No. 112-156
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Printed for the use of the Committee on Foreign Affairs
SYRIA FREEDOM SUPPORT ACT; HOLOCAUST INSURANCE ACCOUNTABILITY ACT OF
2011; EXPORT PROMOTION REFORM ACT; COUNTERING IRAN IN THE WESTERN
HEMISPHERE ACT OF 2012; EXPORT PROMOTION REFORM ACT; AND EXPRESSING THE
SENSE OF CONGRESS THAT TAIWAN SHOULD BE ACCORDED OBSERVER STATUS IN THE
INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO)
=======================================================================
MARKUP
BEFORE THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
SECOND SESSION
ON
H.R. 2106, H.R. 890, H.R. 1410, H.R. 3783, H.R. 4041 and S. Con. Res.
17
__________
MARCH 7, 2012
__________
Serial No. 112-156
__________
Printed for the use of the Committee on Foreign Affairs
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COMMITTEE ON FOREIGN AFFAIRS
ILEANA ROS-LEHTINEN, Florida, Chairman
CHRISTOPHER H. SMITH, New Jersey HOWARD L. BERMAN, California
DAN BURTON, Indiana GARY L. ACKERMAN, New York
ELTON GALLEGLY, California ENI F.H. FALEOMAVAEGA, American
DANA ROHRABACHER, California Samoa
DONALD A. MANZULLO, Illinois BRAD SHERMAN, California
EDWARD R. ROYCE, California ELIOT L. ENGEL, New York
STEVE CHABOT, Ohio GREGORY W. MEEKS, New York
RON PAUL, Texas RUSS CARNAHAN, Missouri
MIKE PENCE, Indiana ALBIO SIRES, New Jersey
JOE WILSON, South Carolina GERALD E. CONNOLLY, Virginia
CONNIE MACK, Florida THEODORE E. DEUTCH, Florida
JEFF FORTENBERRY, Nebraska DENNIS CARDOZA, California
MICHAEL T. McCAUL, Texas BEN CHANDLER, Kentucky
TED POE, Texas BRIAN HIGGINS, New York
GUS M. BILIRAKIS, Florida ALLYSON SCHWARTZ, Pennsylvania
JEAN SCHMIDT, Ohio CHRISTOPHER S. MURPHY, Connecticut
BILL JOHNSON, Ohio FREDERICA WILSON, Florida
DAVID RIVERA, Florida KAREN BASS, California
MIKE KELLY, Pennsylvania WILLIAM KEATING, Massachusetts
TIM GRIFFIN, Arkansas DAVID CICILLINE, Rhode Island
TOM MARINO, Pennsylvania
JEFF DUNCAN, South Carolina
ANN MARIE BUERKLE, New York
RENEE ELLMERS, North Carolina
ROBERT TURNER, New York
Yleem D.S. Poblete, Staff Director
Richard J. Kessler, Democratic Staff Director
C O N T E N T S
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Page
MARKUP OF
H.R. 2106, To strengthen sanctions against the Government of
Syria, to enhance multilateral commitment to address the
Government of Syria's threatening policies, to establish a
program to support a transition to a democratically-elected
government in Syria, and for other purposes.................... 14
Amendment in the nature of a substitute to H.R. 2106 offered by
the Honorable Ileana Ros-Lehtinen, a Representative in
Congress from the State of Florida, and chairman, Committee
on Foreign Affairs........................................... 116
Amendment to the amendment in the nature of a substitute to
H.R. 2106 offered by the Honorable Ileana Ros-Lehtinen....... 206
Amendment to the amendment in the nature of a substitute to
H.R. 2106 offered by the Honorable Howard L. Berman, a
Representative in Congress from the State of California...... 226
H.R. 890, To allow for the enforcement of State disclosure laws
and access to courts for covered Holocaust-era insurance policy
claims......................................................... 231
Amendment to H.R. 890 offered by the Honorable Ileana Ros-
Lehtinen..................................................... 242
H.R. 1410, To promote freedom and democracy in Vietnam........... 243
Amendment in the nature of a substitute to H.R. 1410 offered by
the Honorable Christopher H. Smith, a Representative in
Congress from the State of New Jersey........................ 263
Amendment to the amendment in the nature of a substitute to
H.R. 1410 offered by the Honorable Gerald E. Connolly, a
Representative in Congress from the Commonwealth of Virginia. 281
Amendment to the amendment in the nature of a substitute to
H.R. 1410 offered by the Honorable Dana Rohrabacher, a
Representative in Congress from the State of California...... 282
H.R. 3783, To provide for a comprehensive strategy to counter
Iran's growing presence and hostile activity in the Western
Hemisphere, and for other purposes............................. 283
Amendment in the nature of a substitute to H.R. 3783 offered by
the Honorable Jeff Duncan, a Representative in Congress from
the State of South Carolina.................................. 292
Amendment to the amendment in the nature of a substitute to
H.R. 3783 offered by the Honorable Jeff Duncan............... 304
H.R. 4041, To amend the Export Enhancement Act of 1988 to further
enhance the promotion of exports of United States goods and
services, and for other purposes............................... 306
S. Con. Res. 17, A concurrent resolution expressing the sense of
Congress that Taiwan should be accorded observer status in the
International Civil Aviation Organization (ICAO)............... 312
APPENDIX
Markup notice.................................................... 332
Markup minutes................................................... 333
The Honorable Connie Mack, a Representative in Congress from the
State of Florida: Prepared statements on H.R. 3783 and H.R.
2106........................................................... 335
The Honorable Eni F.H. Faleomavaega, a Representative in Congress
from American Samoa: Prepared statement on H.R. 1410........... 337
The Honorable Ann Marie Buerkle, a Representative in Congress
from the State of New York: Prepared statements on H.R. 2106
and H.R. 890................................................... 340
SYRIA FREEDOM SUPPORT ACT; HOLOCAUST INSURANCE ACCOUNTABILITY ACT OF
2011; EXPORT PROMOTION REFORM ACT; COUNTERING IRAN IN THE WESTERN
HEMISPHERE ACT OF 2012; EXPORT PROMOTION REFORM ACT; AND EXPRESSING THE
SENSE OF CONGRESS THAT TAIWAN SHOULD BE ACCORDED OBSERVER STATUS IN THE
INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO)
----------
WEDNESDAY, MARCH 7, 2012
House of Representatives,
Committee on Foreign Affairs,
Washington, DC.
The committee met, pursuant to notice, at 10:09 a.m. in
room 2172, Rayburn House Office Building, Hon. Ileana Ros-
Lehtinen (chairman of the committee) presiding.
Chairman Ros-Lehtinen. The committee will come to order.
Pursuant to notice, we meet today to mark up several bills, but
before we proceed to business, I would like to take a few
minutes in remembrance of one of our dear colleagues. As all of
us know, Congressman Don Payne passed away yesterday back in
his home State of New Jersey. I extend my deepest condolences
to the Payne family and the New Jersey community and the New
Jersey congressional delegation.
Don, as all of us know, was a dedicated and effective
advocate for global health and human rights during his 12 terms
in Congress. He was chairman and ranking member of the
Subcommittee on Africa, Global Health, and Human Rights. Don
Payne worked tirelessly to fight the spread of deadly diseases
such as HIV/AIDS, malaria, and tuberculosis. He was also an
outspoken advocate against horrific human rights abuses in
Africa and elsewhere.
Throughout his 23 years in Congress, Don was an unfailingly
kind and gracious colleague. My thoughts and prayers are with
the Payne family during this difficult time. Congressman Payne
will be greatly missed by our committee. I would like to extend
the opportunity to all of our members or any member who would
like to say some words about Mr. Payne, and I would like to
recognize first the ranking member and my good friend from
California, Mr. Berman, for any statements he would like to
make.
Mr. Berman. Well, thank you very much, Madam Chairman, for
bringing up our loss at the beginning of the hearing and for a
chance to pause for a moment and reflect on our friend and our
colleague, and I think for many of us, I know for me, our
teacher, Don Payne.
Don distinguished himself as a leader on many important
issues in his district, his State, this country, and throughout
the world, and of course, those of us on the Foreign Affairs
Committee knew Don. He really was one of the Nation's, not the
Congress', the Nation's foremost experts on Africa. I
personally know that I am wiser, more knowledgeable, and more
informed on Africa issues because of Don. He was our professor,
our mentor, our in-house librarian, our encyclopedia. We have
all lost a champion for the underserved, a voice for the
downtrodden, a voice for peoples and causes that are too often
neglected.
It was one of those situations, we always had a good and
friendly relationship, but during the 3 years that I was
fortunate enough to chair this committee, we became
particularly close. He provided invaluable help in both helping
to write and then to pass and to follow through on the
implementation of our global HIV/AIDS, malaria, and
tuberculosis reauthorization legislation which carried many
reforms in an effort to improve, not just to deal with those
horrible and deadly diseases, but to help to see meaningful
reforms in the health care systems in so many countries around
the world, and most particularly in Africa.
His suggestion, along with our own staff's, led us to have
the first chairman-led codel by the House Foreign Affairs
Committee in the committee's history to sub-Saharan Africa, a
trip that had a tremendous impact on me and I think on all the
members who went. Congressman Royce was the ranking member on
that trip where we really got out and saw and met and learned
more than you can learn from any number of hearings. He was
very special.
Just one other story about Don. Don and I sometimes, we
spent a lot of time together, we talked a lot about different
issues. He was a--he believed in the U.S.-Israel relationship,
but sometimes we had differences about, you know, the best
approach on all these issues. Notwithstanding any of that,
those differences, when it came time at the Security Council
for the countries on the Security Council to vote on the issue
of real true sanctions on Iran because of its nuclear weapons
program and all the other reasons, Don got into that fight
because he knew the Presidents personally and well of all the
African countries that were on the Security Council at that
time, and he personally called the leaders of those countries
to lobby them to support the U.N.-sponsored--U.S.-sponsored
resolution at the Security Council. Having an asset like that
on our committee was a tremendous value. I am going to miss him
a lot. I think all of us will. Janice and my family mourn
alongside his children, his grandchildren, his brothers and his
extended family, and he was a bright light that has been
extinguished, but the issues he lived for will be his legacy,
and thank you for giving me a chance to speak about our loss.
Chairman Ros-Lehtinen. Thank you so much, Mr. Berman. I
would like to recognize a member of the New Jersey delegation
who is the chairman of the Africa subcommittee and has worked
with Don for so many years on these issues, Congressman Smith.
Mr. Smith. Thank you very much, Madam Chair, and Howard
Berman, Ranking Member. I want to associate myself with the
remarks both of you have made, very eloquent and very fitting
for the loss of a great member of this committee, a good friend
of Sub-Saharan Africa in particular, and a man who was truly
expert, and as you said, Howard, knew so many Presidents and
Prime Ministers and parliamentarians in Africa personally, not
just in passing, not just a handshake, but knew them and knew
them very well.
You know, I think many of you know Don Payne got involved
in politics at the ripe old age of 19. Although he was a coach,
a football and a track coach, he also was a teacher, a high
school teacher, but then he became a member of the council, the
City Council in Newark, New Jersey, went on to what we call the
Board of Chosen Freeholders, which is the county commissioners,
and then got elected to Congress in 1988.
He was a very hard working person, worked tenaciously for
peace and reconciliation, especially on Sudan. All of those
years when the killing fields occurred in southern Sudan with
in excess of 2 million people, 4 million homeless, he was
always raising his voice on behalf of the victims of the
absolute feckless response of the international community to
end that, especially in its early years. Then that conflict
moved to Darfur, and again he was raising his voice as a
champion of the Darfurians who were being exterminated through
genocide.
I would just end by saying, unlike the full committee where
we need time limits, I don't use time limits when I have
questions on behalf of the members, and I could tell you there
were times when Don would go for a half hour and his wealth and
breadth of knowledge when he would be talking to Johnnie
Carson, the assistant secretary, asking questions was truly
remarkable, and so, you know, we are going to deeply miss him.
He is an expert who left his mark, and he was also, you know,
on his other committee a great staunch believer in affordable
education and access to education as being a very important
part of America for all people regardless of race, ethnicity,
or sex. But he also authored resolutions like Literacy Day,
July 2nd, believing that if you want to bust the ceiling that
holds back so many people, you have got to provide for more
literacy and expand the ability to read and write to all
Americans. So he really had a comprehensive and a profound
impact on America, on his district, on our State, and we
deeply, deeply miss him already. Thank you.
Chairman Ros-Lehtinen. Thank you very much. Mr.
Faleomavaega.
Mr. Faleomavaega. Thank you, Madam Chair. I do want to
thank you for calling this special occasion to recognize one of
our colleagues who has just passed away yesterday to say a few
words. It is very difficult for me to be under the shadow of
this great man for whom I have the utmost respect, and over the
years that he and I have worked together, I can say that one of
the beauties of American democracy is its diversity, and I
remember some 23 years ago when we both became members of this
committee, we had a little diversity caucus here because I, as
a very proud American representing some 18 million Asian
Pacific Americans in our country, I felt that there wasn't a
voice to bring out the issues affecting our foreign policies
toward the Asia Pacific region. I will be upfront with you,
Madam Chair, 23 years ago when Don Payne and I first became
members of this committee, to my excitement I wanted to see how
great this was going to be. Hardly anyone wanted to be on the
Asia Pacific and African subcommittees. And I then realized, I
said, I shouldn't be surprised because the mentality in
Washington 20 years ago was all toward Europe and the Middle
East, the entire focus. When we talked about Asia Pacific
issues, we weren't even on the radar screen, the importance of
that region that affects our economic, political, and strategic
interests, just as it is important that we should be talking
about the continent of Africa, and over the years my colleague
Don Payne has become the expert on dealing with African issues
and how important that we should do this.
Don Payne always reminded me of the statement that Martin
Luther King Jr. once said years ago, In the end we will not
remember the words of our enemies, but the silence of our
friends. Don Payne always said, Eni, you have got to speak out,
you have got to let it be known the issues that really affects
the interests of the American people and how important it is
the activities and the policies and all the things that are
being discussed and debated in this committee does have an
impact, and what a beautiful thing it is, Madam Chair, some 310
million of our fellow Americans live in this great Nation, the
most diverse country, in my humble opinion, where people from
all different ethnicities and nationalities are represented
here to give a sense of expression how important as fellow
citizens and as fellow Americans and that the principles that
we try to strive to live by, the Constitution and all that has
come about for the past 230-some years since the making of this
country and this great Nation of why it is so great. Yes, Don
Payne was a great advocate looking out for the needs of the
poor and the destitute, people who don't have a voice in the
affairs of their government, whether it be in foreign
countries, even here in our own country.
So I say, we have a saying in my culture, may this brother
have a good voyage, and I know he has a good voyage going on to
meet his Savior, and Madam Chair, again, thank you, and I want
to wish Mr. Payne's family all the best and the deepest
sympathies and condolences on this sad occasion, yet I am happy
for him. He has suffered enough. I am just happy to see that he
is in the presence of our Father in heaven, and that is all
that matters. I yield back.
Chairman Ros-Lehtinen. Thank you very much, Mr.
Faleomavaega. Mr. Royce, the chairman of our Terrorism,
Nonproliferation, and Trade Subcommittee.
Mr. Royce. Thank you, Madam Chair. I worked with Don Payne
on the Africa Subcommittee for many years on many issues. I
think one of the most unique things about traveling with Don
Payne was no matter how remote the village, there was one
individual, there was one American that the elders all knew or
that the head of state in that remote country--inaccessible
regions--there was one man they knew because Don Payne had
already been there before. And likewise we had the opportunity
frequently to go up to the United Nations to argue the American
position, the U.S. position on issues. As Mr. Berman has
indicated, the great asset in those engagements was always Don
Payne because he had those personal relationships and he would
argue for the U.S. position and for human rights and really
bring a certain moral argument because he had been on the
ground; whether it was Rwanda or Sudan. Don had been there. I
remember a trip where Mr. Berman and I were in Africa, one of
Mr. Berman's trips, and sure enough, Don was over, in all
places, was over in Somalia lecturing and giving talks wherever
he could against al-Shabaab's human rights abuses. As he was
leaving the country, he had one last press conference to attack
al-Shabaab, they were shooting at his plane, they were
mortaring his press conference on his way out of town. But Don
had the last say in terms of the lack of human rights, and I
think that for those of us who have watched Don in action, I
think it is his courage also that stands out, not just the
physical courage that I spoke about in terms of him going into
areas where there was perhaps great resistance to the United
States. I remember him on many occasions in Congo or in Angola
trying to forge a peace, but political courage as well. I
remember the African Growth and Opportunity Act when we started
out, labor was opposed to that, and it took political courage
for Don to help lead that effort. He was tireless, he had great
knowledge, he had a really big heart; he will be deeply missed
by his constituents and by us, and especially by those working
to improve African lives. Thank you.
Chairman Ros-Lehtinen. Thank you very much. Mr. Connolly is
recognized.
Mr. Connolly. Thank you, Madam Chairman. When I think of
Don Payne and watch him in this committee, I think of three
words--passion, witness, and honor.
Nobody brought more passion to issues affecting the African
continent than Don Payne, and that sense of commitment I think
struck everybody who watched him, heard him, and it is
something I think all of us can take away from his life and his
experience here on this committee. He had a passion for what he
did and what he believed in, and it showed.
Witness. Don didn't take the Africa Subcommittee issues as
an academic exercise. He rolled up his sleeves and he got in
harm's way. He gave witness where there was human suffering in
a continent that has all too much of it. He was there in
Somalia, he was there in Darfur, he was there in Rwanda, he was
willing to put himself in harm's way, as Mr. Royce just said,
to give witness on behalf of the United States of America in
terms of our solidarity with the suffering people of Africa.
And honor. Don Payne brought honor to this institution, to
this committee. I have been professionally associated with this
committee in one fashion or another over the span of 33 years,
and we can single out members in that time period who
distinguished themselves as experts in a particular area. Don
is one of those handful of distinguished members who knew
everything he could about Africa, about its leadership, about
its challenges, and about its opportunities, and set about to
bring honor to this institution by representing us in Africa
and on African issues.
He will be sorely missed as a colleague and as a friend,
and my deep condolences go out to his family and to his staff,
who shared his passion and today share with his witness and his
honor. Thank you, Madam Chairman.
Chairman Ros-Lehtinen. Thank you, sir. Mr. Rohrabacher.
Mr. Rohrabacher. Some of the points Mr. Connolly made were
just right on target, and sometimes we think of passion as
being someone who raises their voice and pounds on the table,
and Don was certainly a person of passion, but you never saw
him pound on the table. He was so thoughtful, to me he was
someone who really reflected a thoughtful perseverance in his
personality toward the things that he believed in, and he had
sincere beliefs. At times when we are up here meeting someone
on the other side of the aisle who has strong beliefs sometimes
is a little bit disconcerting because we don't know them, and
until we get to know them, we don't realize what value they
have, and sometimes we are a little afraid of someone.
Don had very strong beliefs in human rights and a concern
for his fellow human beings, and he came toward the political
spectrum from the opposite side of the spectrum that I come
from, and I did have some trepidations when I first got on this
committee, but I will tell you, I learned to respect that man,
and I will miss him terribly as we move on. He added a sense of
honor and true caring to this committee that I think all of us
felt. I know that sometimes people think that if you have got a
philosophy as Don had that it is going to hinder your ability
to see the truth, as some people claim about me sometimes, and
let me just note that sometimes when you have a philosophy, it
helps you see through things, through the lines that we are
given by our handlers and lobbyists, et cetera.
Don saw through so much and to the truth and to the
suffering of people who he cared about in Africa, and he was
able to enlist us in that concern, so I will miss him. I
thought very highly of him, as we all did, and I just think
that we have lost a real asset to this committee, and I hope he
is watching up there right now, and maybe we can all pledge to
in his memory make sure that we keep that same kind of spirit
of perseverance and positive spirit. He worked with me on
Ethiopia, and I promise you right now, Don, I am not giving up,
we are going to win in Ethiopia eventually. Thank you.
Chairman Ros-Lehtinen. Thank you. Ms. Wilson of Florida is
recognized.
Ms. Wilson of Florida. Thank you so much, Madam Chair. I am
saddened by the passing of my friend and colleague, Congressman
Donald Payne. Throughout his adult life, he served the people
of New Jersey as an educator, a community leader, and in
Congress. As a long-serving member of the House Committee on
Foreign Affairs, he was a leader in supporting democracy in
Africa and throughout the world, and I worked with him very
closely on issues impacting Haiti and the rest of the
Caribbean. His name is a household word in Haiti. In fact, at
the time of his death, we were working on the process of
starting a bipartisan Haiti caucus.
He was also committed to domestic issues, and he was a
leading advocate on the Education and Workforce Committee for
reducing college costs for students, a trailblazer. Donald was
the first Black president of the National Council of YMCAs and
the first Black Congressman from New Jersey. As a colleague of
his in the Congressional Black Caucus and on the House
Committee on Foreign Affairs, I got to see firsthand his
decency, empathy, and leadership. My thoughts and prayers go
out to Donald's family. Thank you, Madam Chair.
Chairman Ros-Lehtinen. Thank you very much, Ms. Wilson. Mr.
Chabot of Ohio.
Mr. Chabot. Thank you very much, Madam Chair. You know, I
was thinking that--well, first of all, I would like to say that
many other of my colleagues have already spoken far more
eloquently than I could relative to Don Payne. He was one of
the people on this committee that we are clearly going to miss.
I actually had a similar path getting here as Don. We both
served on city council, and then at the county level, and then
we both ran for Congress in 1988 the first time. He won, I
didn't. I got here 6 years later, and by that time, the
chairwoman of this committee here today was the chairwoman of
the Africa Subcommittee, and Don Payne was ranking member and
so got to see him in action and really respected.
If you saw them in action, it really showed the true
bipartisanship the way Congress is actually supposed to work,
on a whole range of issues, whether it was, you know, blood
diamonds, whether it was the Congo, whether it was Darfur, a
whole range of things, and Don is really a person, as I said,
who is going to be missed. He cared deeply.
I was actually going to say something exactly that Dana
Rohrabacher had said about him not being a table thumper was
what I was going to say, and then you said he wasn't a person
to pound on tables. He was a soft-spoken gentle man in many
ways, and I say that as a compliment because, you know,
sometimes we do scream and yell and get a little over the top.
He didn't. But he really did pack a punch. And he is going to
be missed, and God bless him. Thank you.
Chairman Ros-Lehtinen. Thank you so much. And now Ms. Bass
is recognized for her statement.
Ms. Bass. Thank you, Madam Chair. I certainly want to join
my colleagues in offering my condolences to Mr. Payne's family
and also to the staff. Losing Mr. Payne, to me, I mean, it is
definitely and obviously from what my colleagues have had to
say a loss to our Nation, but it is also a loss to the world
and to the continent of Africa.
I just wanted to say that--share a little story. Before I
came here, after I won my election in Los Angeles, I represent
a very diverse district, and there are a lot of Africans from a
variety of countries there, and so wanting to get to know my
district and get prepared to come to Washington, I organized a
meeting, and about 40 representatives from various African
nations came, academics and business people, et cetera, and
they began to tell me about Mr. Payne.
Now they had never met him, but he was legendary, all the
way in Los Angeles, folks who were recent immigrants telling me
that when I get to Washington I had to meet, I had to work with
Mr. Payne. I asked to be on the Foreign Affairs Committee and
wanted to be on the Subcommittee on Africa, and immediately
they gave me the task of bringing Mr. Payne to Los Angeles, and
so I worked and I think I almost harassed his staff and him for
him to come to Los Angeles, and never did I realize that he
wasn't well, and I just have to say that I really regret not
having the opportunity to travel to Africa with him.
When he would open up the subcommittee with his comments,
in his very humble and gentle way, he would always reference,
as many of my colleagues have said, well, before the hearing I
spoke with President so-and-so. I mean, he seemed to know every
President, and I remember being startled when one day in his
very calm voice, he said when we were leaving, I think it was
Somalia and my plane was fired on, and I remember looking back
at him and saying, ``What?'' You know, he is just really going
to be a loss to all of us. I had looked forward to being the
sponge that sat next to him and sucking up all of his
knowledge, and so he will be deeply missed by me personally,
and I know he will be missed by everyone on the committee and
in our Nation. Thank you.
Chairman Ros-Lehtinen. Thank you, Ms. Bass. Mr. Cicilline
is recognized.
Mr. Cicilline. Thank you, Madam Chair, for giving us the
opportunity to honor our colleague, Don Payne. I, too, want to
extend my condolences to Don's family, his wonderful staff, his
constituents, and his congressional colleagues from New Jersey.
He was a very kind man and a citizen of the world. He was
always willing to share his wisdom and his insights, and that
was particularly helpful to me as a new Member of Congress. I
was honored to get to know Don and quickly came to respect and
admire him, particularly his commitment to the continent of
Africa and global health.
Our committee, this Congress, and the world will miss his
passion, his voice, and his advocacy, and I hope we will honor
his legacy in Congress and in this committee by continuing the
work that he was so dedicated to. Thank you, Madam Chair. I
yield back.
Chairman Ros-Lehtinen. Thank you. Mr. Carnahan.
Mr. Carnahan. Thank you, Madam Chair, and it has really
been inspiring and moving to listen to our colleagues here
today honor Don Payne. I want to add my condolences to his
family and his staff and to his constituents. I loved to listen
to him share his passion for his work. It reminded me of when I
was a very young man listening to my grandfather tell stories
about serving on this committee and on the Africa Subcommittee.
So for me during my service here to be able to serve on the
Africa Subcommittee and to have that same kind of fascination
and inspiration listening to our colleague Don Payne share his
work I think has been very meaningful for me. He cared
passionately about his work. He led in ways and on issues that
a lot of people neglected, and he delivered.
I hope that all of us will use Don's inspiration and
rededicate ourselves to carry on that work and to be lights to
shine on these areas that he was so dedicated to.
With that, Madam Chair, I yield back.
Chairman Ros-Lehtinen. Thank you, sir. Mr. Meeks.
Mr. Meeks. Thank you, Madam Chairman. I am devastated, a
part of me, knowing that my friend Donald Payne will not be not
only sitting right down a few seats from me, but able to get
his advice. I have listened and I thank you, Madam Chair, for
this opportunity for all our colleagues to say about this
American hero, Donald Payne, to talk about him. He really was
American history, he was a history teacher, and I trust that
American history is going to record his life as a great
American patriot.
See, sometimes in life, people go through it wondering what
their purpose is. What is my purpose? Why am I here? What is my
mission? We are blessed because there is a side of me saying
that I am blessed to have been with a man who knew his purpose
and what his mission was. It wasn't easy for Donald to get
here. He ran and he lost. He ran again and he lost. He ran
again and he lost. But he knew what his mission and what his
purpose was. He knew that he would also, once he won, become a
role model, a role model for many a young boy who were growing
up in Newark, New Jersey, who had no other role models, who
would look up to Donald Payne, many of them he had taught in
school. He knew his mission was to make their lives better and
to lead by his actions. My colleagues were absolutely right.
Soft spoken, but you never took the soft-spoken words as a
mistake for what his determination is and was, and that
determination you saw throughout his life.
When you hear of our colleagues talking about how, whether
his plane was being shot at, whether he would go into the bush
in Africa where nobody else dared go, he knew what he was
trying to accomplish. He knew that that was his mission. Or
when he was walking the streets of Newark, his beloved Newark,
he would always talk about the people of Newark, no matter
where he was in the world, wanting to make their lives better.
And I have got to say in closing, Gregory Meeks would not be
sitting on this back row in this Foreign Affairs Committee if
it wasn't for Donald Payne.
When Donald Payne came to Congress, it wasn't popular to be
on the Foreign Affairs Committee. In fact, for many Members of
Congress at that time, it was the last committee that you
wanted to be on. People, you know, said, oh, they had to come
on this committee, you know, because it was the only one that
was available. I learned of Donald in New York City, was
following his career, knowing that I wanted to become a Member
of Congress and get on the Foreign Affairs Committee, utilizing
and talking to him on how to do it once I got here. And then
asking his advice, utilizing his experience, picking his brain,
learning his legislative manner on how to get things done, how
to do and create relationships with individuals, wanting and
following him on the NED board.
What manner of man, Donald Payne. We are going to miss him,
but I think all of us who have had the opportunity to be around
him, whether we be Democrat or Republican, whether we be Black,
White, brown, red or yellow, whether we be in the United States
of America or some other part of the world, we are all lucky
that we were touched by the spirit, by the man that we know as
Donald Payne. Donald, we are going to miss you, but I have got
to tell you, I can see you now talking to the Lord and him
saying to you, job well done, my faithful son.
Chairman Ros-Lehtinen. Thank you so much, Mr. Meeks. Mr.
Keating.
Mr. Keating. Thank you, Madam Chair. As someone that is new
to Congress, there is one aspect I would like to comment on,
and that is the idea, I think it came from the part of him that
was an educator because he was a person that held himself out
to me and to all new Members as a mentor. He was open and
welcoming, here in committee and on the floor when I had
occasion to seek him out. And that part of him I think rests in
the teaching aspect as well. I am frankly jealous, Madam Chair,
that so many of the members here had experiences with him, were
able to travel with him, share issues with him that I did not
have, but I will say this: I am convinced that even though he
is gone from us now, I will continue to learn because of Donald
Payne, I will continue to have Members and staff and other
people talk to me and say, this is an issue that is important
because Donald knew it was important, and that will continue
on.
In an era of lack of civility in public life that the
American public is crying out to see, he was a shining example
of how to conduct yourself as a public official and demonstrate
that civility. My sympathy goes to his family and his staff.
Thank you, Madam Chairman. I yield back.
Chairman Ros-Lehtinen. Thank you. So pleased to yield to
Mr. Fortenberry who worked well with Mr. Payne. Mr. Fortenberry
is the vice chair of the Africa, Global Health, and Human
Rights Subcommittee.
Mr. Fortenberry. Thank you, Madam Chair, for taking a few
minutes of time to allow us to honor and celebrate the life of
our good friend and deceased colleague, Mr. Payne. You know, a
couple months ago, maybe a little less, I looked over at Don on
a committee hearing, and it just struck me that he didn't look
well. I didn't realize he was sick. I don't think many of us
did, and that is probably a testament to his character that he
continued his work right to the very end without fanfare
because he was so dedicated to trying to solve injustices,
particularly around the world, and given his deep, deep
commitment to the work on Foreign Affairs, as Mr. Carnahan put
very well, he tried to address the needs of neglected people.
And in fact, I was thinking about a story that I could
perhaps share with you all, we have done some work to try to
prevent the use of child soldiers internationally, and there is
a country in Africa that is a persistent violator and there is
an ongoing problem with the abuse of children in that country.
We were going to strengthen the United States laws in order to
try to prevent this most pernicious form of child abuse, but
Don Payne came to me quietly, and he said there is a bit of a
dilemma here. He personally knew the President of one of the
countries in which we were targeting, he had been working
quietly to try to develop that relationship in order to try to
diminish the possibility of further abuse of children in this
regard. He was worried that if we were too aggressive, we might
lose the relationship and potentially undermine the very end
which we were seeking.
I respected his viewpoint, and we were able to creatively
craft a solution to that dilemma while continuing to press on
in this important work of preventing the abuse of children as
child soldiers. He invited me several times to go to Africa
with him. He was very dedicated to that part of the world, and
we also co-chaired the Malaria Caucus together.
Mr. Meeks, you know the reason he did that, it wasn't to
get votes back in New Jersey, it wasn't because there was some
constituent necessarily who would help him because of that
work. It was simply because, as you said, he was dedicated to
this cause of trying to stop a serious injustice, trying to
stop a preventable disease, motivated by one reality, that this
kills children, and we are in a position to help. So I think
that was a mark of his life.
I spent time with him in office. Even though we didn't know
each other deeply and well, I respected his work, and I today
join with my colleagues in celebrating his life. Thank you,
Madam Chairman.
Chairman Ros-Lehtinen. Thank you, sir. Thank you very much.
Mr. Sires, a member of the New Jersey delegation with Don
Payne.
Mr. Sires. Thank you, Madam Chair, for allowing us a few
minutes to talk about Don Payne, my friend. I shared the
northeast part of New Jersey with Don, and we were constantly
talking. You know, on Sunday I went to the hospital to see him,
and it broke my heart that my friend was there, and his family
was all there. You know, the Payne family is a very well-known
family in New Jersey for their caring. I have served in the
Assembly with his brother, with his cousin, and they always
cared about people, and that is how Don was. But he had an
inner determination.
I remember when he first ran. He ran against a legend,
Peter Rodino, three times in Newark, New Jersey, against the
machine, and his determination led him to this House. He
finally won, and he had big shoes to fill because Peter Rodino
was a legend, and let me tell you, he more than filled those
shoes with his caring, his human rights, the work that he did,
and always on a very even keel. Sometimes I wanted to shake him
and say, Don, come on, you know. But, boy, he was just so even.
I guess it must be my Hispanic background, we just didn't match
together, but he was--I mean, he is one of those individuals
that you meet and you become a better person for meeting and
dealing with him, and New Jersey and this country has lost a
great individual. I am going to miss him, this House is going
to miss him, and I thank their family for all that they do. It
is in the genes of the Payne family to be good human beings.
Thank you, Madam Chair.
Chairman Ros-Lehtinen. Thank you, Mr. Sires. Ms. Schwartz
is recognized.
Ms. Schwartz. Thank you, Madam Chair. I just wanted to add
my words. You have heard many of the same things from us about
Donald Payne, and I do feel honored to have served with him and
to have known him, and I did have the opportunity to travel
with him to Africa on the House Democracy Assistance
Partnership, and it just showed everything we have just heard
about this morning. He was personally just enormously gracious
and warm and collegial. I mean, certainly for newcomers and for
those who had shared his expertise.
There was just no one like Donald Payne when you went to
Africa. I think we all have our stories where he went off just
before dinner one evening, and it was to visit with the
President of the country who was feeling ill and had cancelled
our meeting but somehow made time for Donald Payne, and that is
what you always knew would happen or we would go into a meeting
and we would have all our briefs and then Don would sort of
lean over and say, well, I kind of knew him back when and
things weren't so cool then. He would know all the good, the
bad, and the ugly, and even through all of that he maintained
just an enormous sense of possibility and opportunity,
particularly in the work with Africa, and his commitment and
passion always came through, but he was--maybe fiery would
never be a word we would call Donald Payne because he was
always so calm and so clear and didn't rile things up.
It was kind of interesting, if he did so, he did it in sort
of a determined and quiet way. So for his knowledge, for his
service, for his generosity of spirit and for his commitment to
his constituents and to public service, I think he sheds a
really wonderfully positive light on the kind of work you can
do in Congress when you are committed not only to your
constituents but to the world community, and Donald did that.
So he will be missed.
My condolences and thoughts and prayers to his family, and
for the opportunity to have served with Donald Payne, I think
it has enriched me and my knowledge and my experience here, and
he will certainly be deeply missed.
Chairman Ros-Lehtinen. Thank you so much. And another
person who worked for so many years with Mr. Payne, Mr. Engel,
is recognized.
Mr. Engel. Thank you, Madam Chair. Don Payne and I were
classmates. We both came together to Congress together back in
1988, November 1988 along with Eni Faleomavaega and Dana
Rohrabacher. Our class is getting smaller and smaller,
unfortunately. The first thing I remember about Donald Payne,
in fact, one of our classmates called me yesterday, our former
colleague, John Tanner of Tennessee, and he said, you know, we
lost Don Payne, I feel so badly. We were recalling that first
year in 1988 in December when all the freshmen went to freshmen
orientation in Massachusetts in Boston at the Kennedy Center at
Harvard. Afterwards we were trying to get tickets and we did
get tickets to the Celtics game, and John Tanner arranged that,
and he went up there with his Tennessee twang and told the
people at the will call that we were picking up the tickets,
and they couldn't understand him, and Donald Payne and I had to
be interpreters, and he was recalling that, and I was recalling
that as well.
He was a very good Member of Congress, particularly of the
Foreign Affairs Committee. He took his committee, our committee
very seriously, did lots and lots and lots of traveling,
probably more than almost any other Member of Congress, mostly
in Africa, but all around the world. I traveled with him a
number of times to Africa and to other places in the world, and
he felt very strongly about the work that we in Congress could
do to help make people's lives better all around the world.
When I chaired the Western Hemisphere Subcommittee of our
committee, Don was a very valued member of that subcommittee,
felt very strongly about South America, Central America, and
the problems we were having there, and was very diligent, came
to hearings and came to meetings and really expressed his
opinion and really added just so much.
So, Madam Chair, I want to add my voice to everybody in
this room, all the nice things they have said. They are all
true. We all miss him. Our class, the class of 1988, getting
smaller and smaller, but I have to tell you, he was a large and
important part of that class, and as our colleagues have said,
he may be gone, but he will never be forgotten, and we are all
better for having known him. Thank you, Madam Chair.
Chairman Ros-Lehtinen. Amen. At this point the committee
will observe a moment of silence in honor of the life and
public service of Congressman Don Payne.
[Moment of silence.]
Chairman Ros-Lehtinen. Godspeed, amigo. Thank you so much.
Thank you to all of our members.
And now we will proceed to today's business. Without
objection, all members may have 5 days to insert written
remarks into the record on any of today's measures or
amendments. Pursuant to the procedure, we e-mailed your offices
about yesterday, we will consider the Syria bill first,
followed by an en bloc consideration of the remaining measures.
I now call up the bill H.R. 2106, the Syria Freedom Support
Act.
[H.R. 2106 follows:]
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
Chairman Ros-Lehtinen. Without objection, the amendment in
the nature of a substitute that was sent to your offices on
Monday and that all members have in front of them will be
considered base text for purposes of markup, is considered
read, and is open for amendment at any point. Also, as your
offices were notified last night, in order to save everyone
from having to hear double statements from me, I will call up
the bipartisan manager's amendment before we proceed to the
opening statements.
[The amendments of Ms. Ros-Lehtinen follow:]
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
Chairman Ros-Lehtinen. So without objection, amendment 110
offered by the Chair, which members have before them, is made
the pending business of the committee and is considered read.
Before turning to the ranking member and any other members
seeking recognition on the Syria measure, I recognize myself to
speak. Today the committee is marking up legislation to address
the threat posed by the Syrian regime to our Nation, to our
interests, and to our allies. It is fitting that we should be
marking up this legislation at this time, as this week marks
the 1 year anniversary of the beginning of the current protests
against the Syrian regime, and for those who thought of and
referred to Assad as some kind of reformer and that any
engagement will ultimately bear fruit, the facts have proved
them wrong, proven them wrong.
The regime that some rushed to engage has been doing the
following: They have been on the State Department State Sponsor
of Terrorism List since 1979, well-earned, maintained a
strategic partnership with the Iranian regime as well as with
Hamas and Hezbollah, aided and abetted the entry of foreign
fighters into Iraq who killed our young men and women serving
in uniform there, repeatedly retained extensive chemical
weapons and ballistic missile capabilities, and pursued a
secret nuclear program reportedly with North Korea's
assistance, and now the regime is waging war against the Syrian
people who are being killed on a daily basis as they exercise
their fundamental freedoms.
Assad's regime is digging in for a long-term war, and news
reports indicate that the regime is bragging about mass
cleansing. The bloody assault on the city of Homs and other
areas in the country clearly show the regime will not release a
stranglehold on the Syrian people. Congress must, once again,
lead the effort to clarify U.S. policy and provide all with the
necessary tools and guidance to address the situation in Syria,
the threats posed by the Assad regime to the United States, our
interests, and our allies.
To that end, we are marking up H.R. 2106, the bipartisan
Syrian Freedom Support Act. This bill strengthens sanctions
against the Syrian regime, enhances multilateral commitment to
address the Syrian regime's threatening policy, and establishes
a program to support a transition to a democratically-elected
government in Syria.
H.R. 2106 states that it is the objective of U.S. policy to
deny the Syrian regime the ability to carry out, and
ultimately, we hope, to abandon its support for foreign
terrorist organization, its development of dangerous weapons
programs, its intervention in the affairs of the Lebanese
Government, and the oppression of its own people in Syria.
H.R. 2106 also strengthens existing U.S. laws, targeting
the Syrian regime's weapons programs and imposes extensive
sanctions on Iran's energy sector. The bill also authorizes
financial and political assistance to entities that support a
peaceful, democratic transition in Syria and requires the
Secretary of State to submit a strategy to support a transition
to a democratic government in Syria.
Finally, H.R. 2106 also seeks to address the Syrian
regime's gross human rights abuses by imposing sanctions
against senior regime officials responsible for such abuses. I
would conclude by noting that Congress last enacted Syria
sanctions in 2003 when we adopted the Syria Accountability and
Lebanese Sovereignty Restoration Act, coauthored by me and my
friend and colleague from New York, Mr. Engel.
In the almost 9 years since, the threat posed by the Syrian
regime against the U.S., our allies, and the Syrian people has
grown steadily, but U.S. efforts to address this threat has not
risen proportionately. So, I am pleased that Mr. Engel and I
have been able to team up again to sponsor legislation that
has, that we have worked with our ranking member, my good
friend from California, Mr. Berman, to include additional
financial sanctions, a visa ban on persons who provide the
Syrian regime with military equipment, a mechanism for the
disposal of Syrian chemical, biological, and nuclear materials
once a post-Assad transition government is in place.
I appreciate the ranking member's cosponsorship, his strong
support for the bill, and with that, I am pleased to recognize
my friend from California, Mr. Berman, for his remarks.
Mr. Berman. Well, thank you very much, Madam Chairman, and
I want to thank you for introducing the legislation with our
colleague Elliott Engel, who has been so involved in these
issues for such a long time, and for working with me closely on
the amendment in the nature of a substitute, and on this
manager's amendment to accommodate some of my concerns. I am
now a cosponsor of this bill, and I encourage my colleagues to
support it as well.
Madam Chairman, the Arab Spring has brought about both hope
and bloodshed. We have all seen the video clips from Syria.
They are heart rending, especially the barbaric bombardment of
Homs. Bashar al-Assad's ceaseless pounding of that defenseless
city, as well as similar actions throughout the country, have
proven conclusively that he is nothing but a chip off the old
block of his late father.
I have spoken previously about the fact that our interests
and our values are in perfect sync in seeking the collapse of
the Assad regime. Assad's downfall would almost certainly lead
to more humane governance in Syria. It would also likely mean
the demise of the Iranian presence in Syria and would be a blow
to Hezbollah's cynical sway in Lebanon. This bill will
certainly help us accomplish the first by tightening the
financial noose around Assad's neck, already tied very tight by
the Obama administration.
As for the second part of the equation, building a peace-
loving democracy in Syria, I now believe that this bill with
the changes to which the chairman has so graciously consented,
does not impede that prospect, either. We want to make sure
that our actions in this body, to the extent possible, provide
incentives for democratic forces, not discourage them. In that
regard, I truly want to thank the chairman for agreeing to
modify the bill so that the President has the flexibility to
make sure that the sins of Assad will not be automatically
visited and attributed to a successor regime.
No issue concerns me more deeply than that of the
disposition of Syria's weapons of mass destruction. We should
all be worried that in the aftermath of civil war and weakened
central control, Syria's stockpiles of chemical weapons,
biological agents, and precursors could leave the country and
fall into the hands of terrorist groups. In order to meet this
threat, we have added to the bill a provision that would
authorize the President to use the existing authorities of
Nunn-Lugar cooperative threat reduction program and the
Nonproliferation and Disarmament Fund at State to work with
officials and scientists in the post-Assad Syria. It would also
allow them to transfer whatever funds and draw down whatever
U.S. resources are necessary in support of this objective. We
have added a provision that would deny visas to executives,
shareholders, and other senior officials of companies, many of
them from Russia and China that continue to arm the Assad
regime, knowing full well that their weapons will be used to
sustain the regime's murderous assault on its own people, and
we have added a third provision, similar to the one in CISADA
that would impose severe sanctions on foreign banks that engage
in or facilitate transactions with Syria, Syria's security
services or its armed forces or to facilitate withdrawal of
foreign currency reserves for the Syrian Government.
Finally, Madam Chair, finally, as you know I will be
offering an amendment that will call for Bashar al-Assad and
senior regime officials to be referred to an international
tribunal to be tried for crimes against humanity and other
gross human rights violations.
Madam Chairman, we, and particularly our staffs, have put
in a lot of hours to produce a bill with wonderful, worthy
objectives of ending the tyranny of the Assad regime, replacing
it with a humane successor. In pursuing these efforts, I know
we have all been ever mindful of the memory of the tens of
thousands of innocents killed by the Assad family and of the
remarkably courageous men and women who continue to protest
daily throughout Syria and who do so in the face of some of the
worst brutality imaginable. I yield back.
Chairman Ros-Lehtinen. Thank you. Absolutely, Mr. Berman.
Thank you for that statement. I am pleased to yield to Mr.
Rohrabacher time to address the issues before us.
Mr. Rohrabacher. Thank you very much, Madam Chairman. The
Syria bill is a carefully-measured approach to a horrendous,
but at the same time, dangerous situation. In the not-so-
distant past, we have rushed into conflicts and to commitments
that have proven disastrous. Yes, we should support those brave
people struggling for freedom, as this bill does, but let us
keep in mind that we cannot do their fighting for them, and
there are lines to which we should not cross.
Making the situation more complicated we don't seem to have
any of the management skills that are necessary to help
transitions when such efforts as we are now seeing in Syria
succeed. So we can't manage the transition from an oppressive
regime, when it is overthrown, to a more democratic system. We
just--as time has proven, we haven't been able to do it. We
failed in Iraq after spending a $1 trillion and losing
thousands of lives with even more crippled by their wounds.
And after all of that, we now have a government in Baghdad
that is aligning itself with an anti American Mullah regime in
Iran. And of course, we have also left in Iraq a mountain of
military equipment that now may be used against our friends.
The situation in Libya, of course, is unclear but in Egypt,
of course, it is also reason for serious concern. In
Afghanistan we have established a corrupt and incompetent
government, and have pushed to the sidelines our Afghan allies
in the northern alliance who actually drove the Taliban from
power back in 2001. Our strategy there cost $0.5 trillion and
thousands of more dead and wounded Americans without producing
a victory or a government that can be sustained without our
continued military presence. So let's pray that America has
learned something from these recent disastrous interventions.
And this bill that we have today is measured and is
thoughtful. But let's keep these things, these past situations
in mind, and the first lesson, of course, as we move forward
and decide how we are going to approach that part of the world
is perhaps we should start by making sure we have learned the
lesson and we recognize that Pakistan is no longer our friend,
and that we should cut Pakistan's military off from any U.S.
aid.
The fact is that we can have an influence in that part of
the world, whether it is Syria or the Persian Gulf or in south
Asia by working with other countries that have our same
interests and share, would share the same defeats and the same
threats that we face, namely India and Russia, and the central
Asian Republics face that same threat. So we need to make sure
that we have learned the lessons in that part of the world and
not rush in whether it is Syria or anywhere else.
So I rise in favor of this piece of legislation, but I do
so with a warning that while this bill is crafted well and puts
us on the side of those who are fighting for freedom, we should
not, again, be lured into a situation where we are doing the
fighting for people who should be fighting for their own
liberty and trying to take over their job of transitioning
their country from a dictatorship into a more democratic
society. Thank you very much.
Chairman Ros-Lehtinen. Thank you, Mr. Rohrabacher. So
pleased to yield to one of the sponsors of the legislation, Mr.
Engel of New York.
Mr. Engel. Thank you, Madam Chair. I rise to strike the
last word, and I rise in strong support of H.R. 2106 the Syria
Freedom Support Act. We reached a critical juncture in Syria,
and this bill is critically important, but before discussing
the bill, I would first, Madam Chair, like to extent my deepest
words of appreciation to you and the ranking member for your
hard work to reach a compromise on the bill. And Madam Chair,
let me say you have been my partner on several pieces of
legislation through the years related to Syria. We did the
Syria Accountability Act together in 2003 and 2004, and I want
to thank you personally and your staff for your leadership and
for our efforts together. Thank you.
To our ranking member, I thank you and your staff for your
excellent work, without with which could not have reached
today's successful agreement. As the lead Democratic cosponsor
of this bill, I am keenly aware that both of you showed the
best in the legislative process, sometimes hard fought, but
always with the desire to reach a mutually acceptable goal.
Colleagues, innocent civilians are again dying by the
thousands in Syria and it is time that Congress act. Just over
8 years ago, as I mentioned before, we passed the Syria
Accountability, in Lebanese Sovereignty Restoration Act which
the chair and I authored to respond to Syrian excesses. That
law was a good law and had many accomplishments. But it had
mixed results. Yes, Syrian Armed Forces are out of Lebanon, but
no, Syria still supports terrorism, maintains weapons of mass
destruction and work to undermine our efforts in Iraq, and work
to undermine our efforts all over the globe.
Today, however, events in Syria have gotten much worse and
a stronger response is needed. So the Syria Freedom Support
Act, Madam Chair, could not have come at a better time. We need
to increase the pressure on the Assad regime and this bill does
just that. But I think we need to do even more. What happens in
Syria is not only critical to the country citizens, but events
there affect everyone around them. If the Assad regime falls,
Iran loses its only ally in the region, and Hezbollah loses the
main conduit for its weapons and cash.
I am aware of concerns of a sectarian civil war in Syria.
But frankly, I don't see how it could get much worse there. And
it is hard to imagine what comes after Assad being worse
either. Thus, I was glad to read in today's cable blog that the
Obama administration is moving to provide direct assistance to
the internal opposition in Syria for the first time, marking a
shift in U.S. policy toward a more aggressive plan to help oust
President Bashar al-Assad. I read Senator McCain has also, I
think, made some very thoughtful comments on this. I don't
think we can sit by and let this just continue. I think the
world needs a response; if there was a response in Libya, there
should be a response in Syria. So this is the right direction,
I applaud the administration, and urge us to move ahead with
all speed.
So Madam Chair, again, our passage of the Syria Freedom
Support Act is timely and urgent, and as always, you are always
right on top of these important matters. And as your lead
Democratic cosponsor of the bill, I urge all of our colleagues
on both sides of the aisle to vote in favor and I yield back.
Chairman Ros-Lehtinen. Thank you very much. Now I yield to
Mr. Smith to speak about the human rights aspects of this bill.
Mr. Smith. First of all, let me thank you, Madam Chair,
Howard Berman and Eliot Engel for putting together a very
responsible, well-calibrated, well-crafted piece of
legislation. I especially want to point out a section--and
associate myself with your remarks because you explain in great
detail what the bill includes. I think section 505 really is
part of what we should be doing with so many bills, and that is
focusing on sanctioning the very people who commit the crimes,
who torture, who commit crimes against humanity. Rather than
just punishing the entire country, it focuses on those who
actually do the mischief and commit the crimes. So I want to
especially thank you for section 505, and ask, unanimous
consent to revise and extend my remarks, for the bill.
Chairman Ros-Lehtinen. Without objection.
Thank you. Seeing no other baseball signals, seeking
recognition on the Syria bill, the pending question is on the
bipartisan Manager's amendment. All those in favor, say aye.
All opposed, no. In the opinion of the Chair the ayes have
it. And the Manager's amendment is agreed to.
I now recognize the ranking member to offer his amendment
to the base text and thank him for incorporating edits required
by myself.
Mr. Berman. Thank you. Madam Chair, I have an amendment.
Chairman Ros-Lehtinen. The clerk will report the amendment.
Ms. Carroll. Amendment to amendment in the nature of a
substitute to H.R.----
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Chairman Ros-Lehtinen. Without objection, the amendment is
considered read and the gentleman is recognized for 5 minutes
to explain his amendment.
Mr. Berman. Thank you very much. This won't take 5 minutes,
Madam Chair. This is a very straightforward amendment. It makes
clear that it is the policy of the United States to seek the
referral of Bashar al-Assad and other senior members of his
regime to an international tribunal. There is no doubt that
Bashar al-Assad is a war criminal. The U.N. High Commissioner
for Human Rights has accused the Syrian leadership for crimes
against humanity. The Independent International Commission of
Inquiry on Syria found that the Assad regime has committed
widespread, systematic and gross human rights violations.
Independent reports from Homs and other Syrian cities paint a
horrific picture of violence on a nearly unimaginable scale,
much of it perpetrated against civilians.
Assad and his cronies should stand trial for their crimes.
Perhaps the Russians and the Chinese may block attempts to hold
Assad accountable, but there should be no ambiguity in the
position of our Government on this issue.
To those that argue that trying Assad for war crimes will
lessen his motivation to leave office peaceably, I have to ask
whether a man who shells his own cities, deploys snipers
against peaceful demonstrators, refuses Red Cross access to
trapped and injured civilians, will ever hand over power on his
own volition. No, I don't imagine that the threat of being sent
to an international tribunal keeps the Assad family awake at
night. Rather, I suspect it is the untold number of voices
throughout Syria clamoring for freedom and the end of Assad's
dictatorial regime. I yield back.
Chairman Ros-Lehtinen. Well, said. Thank you. The Chair
will recognize herself. I am pleased that we were able to work
out the agreement on the text of the ranking member's
amendment. We all agree that al-Assad has committed horrific
atrocities against the people of Syria. We all agree that he
must be held accountable for those atrocities. While the
ranking member and I may differ as to precisely where Assad
should be held accountable, we do agree on the goal of
accountability, and I am glad that we were able to finalize an
agreement text that focuses on those areas of agreement.
Hearing no further request for recognition, the pending
question is on the Berman amendment. All those in favor, say
aye.
All opposed, no. In the opinion of the Chair, the ayes have
it and the Berman agreement is agreed to.
Hearing no further amendments to this measure, the question
occurs on agreeing to the base agreement in the nature of a
substitute as amended. All those in favor say aye.
All opposed, no. In the opinion of the Chair, the ayes have
it, and the amendment in the nature of a substitute as amended
is agreed to.
Without objection, the underlying bill, H.R. 2106, as
amended, is agreed to and is favorably reported and will be
reported as a single amendment in the nature of a substitute.
Staff are directed to make technical and conforming changes.
Now according to the expedited procedure shared with all
members yesterday we will consider and approve all of the
remaining measures en bloc. Afterwards, I will recognize
myself, the ranking member and any other members seeking
recognition for any remarks they would like to make. All of
these items are in the packets in front of the members and were
provided to your offices earlier this week.
And so without objection, the following measures are
considered as read and will be considered en bloc: H.R. 890,
the Holocaust Insurance Accountability Act; Ros-Lehtinen
amendment 107 to H.R. 890; H.R. 1410, the Vietnam Human Rights
Act; the Smith amendment 68 to H.R. 1410; Connolly amendment
127 to H.R. 1410; the Rohrabacher amendment 52 to H.R. 1410;
H.R. 3783, the Countering Iran in the Western Hemisphere Act;
the Duncan amendment 40 to H.R. 3783 as adopted by the
Subcommittee on Terrorism, Nonproliferation, and Trade; the
Duncan amendment 42 to H.R. 3783; H.R. 4041, the Export
Promotion Reform Act; and Senate Concurrent Resolution 17,
expressing the sense of Congress that Taiwan should be afforded
observer status in the international civil aviation
organization.
[The en bloc amendments follow:]
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
Chairman Ros-Lehtinen. The Chair moves that the measures
just listed be adopted by the committee. All those in favor say
aye.
All opposed, no. In the opinion of the Chair, the ayes have
it and the bills and amendments considered en bloc are
approved. Without objection, each of these underlying bills, as
amended, is ordered favorably reported as a single amendment in
the nature of a substitute, and staff is directed to make
technical and conforming changes.
Having concluded the operative portion of today's business,
I will now recognize members who wish to make statements on the
adopted en bloc measures, beginning with the Chair and the
ranking member. If not, you have all been excused, but my words
are just so eloquent, you don't want to miss a single word. But
we are going to tape it and give you the ability to listen to
it at leisure.
Mr. Berman. Will the gentlelady yield?
Chairman Ros-Lehtinen. Yes, I would be glad to yield.
Mr. Berman. I hope after my words, none of you will regret
having supported the bill just approved by en bloc.
Chairman Ros-Lehtinen. We are going to--what is it, snatch
defeat out of the jaws of victory. I would like to thank, first
of all, the ranking member and all of our members and all of
the staff that really worked so hard on this extensive
bipartisan effort that went into the committee's consideration
of five measures that were just adopted. Behind those few
minutes of markup were many hours and many days of hard work
and deliberations.
Taking up each of the bills in turn: H.R. 890 the Holocaust
Insurance Accountability Act is a long overdue effort to see
that justice is done. It has been a pleasure to have worked
with Mr. Deutch, my Florida colleague on this bill. And we are
honored that several of our Holocaust survivors are able to be
with us today. David Schacter of Miami, Jay Ipson of Richmond,
Virginia, from Washington, DC, Louise Lawrence Israels, Dr.
Sidney Lawrence, and Ruth Cohen. We are honored to have you
here with us. Thank you so much.
In the years leading up to World War II, hundreds of
thousands of future victims of the Nazis' crimes purchased
policies from European insurance companies. After the war,
survivors contacted the insurance companies to submit claims,
and to their shock, the survivors discovered that many
companies refused to honor their policies. They insisted that
survivors of concentration camps provide policy statements, and
documents, and death certificates to verify their claims that
the Nazis had stripped them of.
In 1998, the International Commission on Holocaust Era
Insurance Claims, ICHEIC, was established to address these
serious issues, but ICHEIC was deeply flawed, suffered serious
problems with accountability and oversight. Eighty-four percent
of the 90,000 claims made were rejected, 84 percent of the
90,000 claims were rejected. Nevertheless, survivors were told
that ICHEIC, which stopped accepting new claims in 2004, was
the only forum in which they could make those claims.
Survivors are blocked from pursuing these claims in Federal
court. This bill is the last hope for Holocaust survivors to
obtain justice. This bill would enable survivors to pursue
civil action against insurance companies in Federal court
without any prejudgment of a verdict. Opponents of this
legislation argue that the insurance companies have made
contributions to reparation agreements and should be exempt
from additional payments. They have the audacity to claim that
this legislation will raise false expectations for Holocaust
survivors regarding the results of litigation.
Let me set the record straight. Contributions to
reparations agreements are not a substitute for addressing the
breach of contract that is the failure to pay legitimate claims
of policy holders. And the assertion that this bill will raise
false expectations for Holocaust survivors is outrageous. These
are adults who simply want their rights restored. These
companies should be bending over backwards to ensure that
Holocaust survivors receive the funds they are owed, but this
legislation is not asking anyone to bend over backward. It
would simply enable Holocaust survivors to exercise the same
right as all Americans seeking justice in our court system.
So thank you Mr. Deutch, it has been a privilege to work
with you on this bill, and we will recognize you in just a few
minutes. And Mr. Berman, thank you so much as well for your
contribution on this bill.
Moving on, I would like to thank Mr. Duncan for introducing
H.R. 3783, which seeks to promote U.S. security interest in the
Western Hemisphere while protecting U.S. citizens here at home.
Over the past years, we have witnessed the Iranian regime
expand diplomatic and economic ties with rogue regimes in our
hemisphere. Last January, Iran's Ahmadinejad completed a four-
country tour of tyrants, to Venezuela, Nicaragua, Cuba and
Ecuador. The aggressive actions undertaken by the IRGC, the
Quds force and Iran's proxies, like Hezbollah, have the
potential to give Iran the platform that it needs in the region
to carry out attacks against our homeland.
Just yesterday, SOUTHCOM commander General Fraser testified
regarding the Iranian threat in the hemisphere that
``connections with Hezbollah and Hamas, who have been in the
region for a number of years primarily still focused on
supporting, conducting illegal activity to provide funding
support and logistic support back to parent organizations
within the Middle East.''
The failed plot to assassinate a Saudi Ambassador on U.S.
soil and the U.S.-led investigation into the Lebanese Canadian
bank illustrate the potential links between Iran and Hezbollah
with drug trafficking organizations in the hemisphere. This
legislation requires the Secretary of State to use existing
funds to create a tailored strategy to fight the aggressive
actions of Iran and its proxies in the Western Hemisphere,
thereby establishing a strong U.S. policy stance and protecting
U.S. security interests.
I want to thank also Mr. Smith for the next bill that we
are going to be discussing, his Vietnam Human Rights Act, H.R.
1410. Just yesterday, I met with the delegation of Vietnamese
Americans led by our former colleague, Congressman Joseph Cao,
who described the steady deterioration of human rights and
religious freedom in Vietnam. Anyone who doubts the violations
by the Hanoi regime just needs to ask Vietnamese democracy
advocates, or Internet bloggers or ethnic minorities in the
central highlands or Protestant, Catholic or unified Buddhist
church leaders who dared to operate outside of state-imposed
limits.
As I said many times, the State Department's 2006 removal
of Vietnam from the list of countries of particular concern for
religious freedom was a major mistake that still needs to be
corrected. The list I received yesterday of approximately 600
political prisoners languishing in Vietnam's Gulag is a stark
testament to the continued repression in that country.
Capping non-humanitarian assistance to the Vietnamese
regime until these ``Hanoi six hundred'' are unconditionally
released, and religious and political freedoms improved, is the
least that we can do. So thank you, Mr. Smith, for that
legislation.
I am also pleased to support the legislation of my friend
from California, Mr. Berman's bill, H.R. 4041, the Export
Promotion Reform Act, which he introduced with another member
of our committee, Mr. Manzullo. The assessments and the
strategy required by this bill could help to strengthen our
commercial diplomacy overseas. So thank you for that bill.
And finally, because Taiwan deserves observer status in the
International Civil Aviation Organization, I strongly support
the inclusion of Senate Concurrent Resolution 17 in today's
markup. This committee and the House have supported similar
resolutions in prior years. And I am glad for the continued
bipartisan, bicameral support for Taiwan's status which will
serve air safety around the world.
Again, thanks to all of the members for their hard work
that went into adoption of these measures, and I would like to
recognize Mr. Berman for his remarks, thank you.
Mr. Berman. Thank you very much, Madam Chairman. The
process of voting first and then debating does shorten the
time. I would like to yield a minute first to my colleague from
Pennsylvania, Ms. Schwartz.
Chairman Ros-Lehtinen. Ms. Schwartz is recognized.
Ms. Schwartz. Thank you. This is really more a point of
information for the chairwoman. Madam Chair, just to say my
family did receive some insurance, we were successful in
getting claims from my mother's grandparents, my great
grandparents, who did have insurance, they were Austrians. I
wanted to recognize that we did receive those funds--at least
my father did and my sister. Those were complicated forms, I
agree, but in fact, those claims were made and received, and my
mother didn't live to see that happen, it was certainly to my
family important to be able to receive that. Thank you.
Mr. Berman. Reclaiming my time. I would like to thank you,
Madam Chairman, for including H.R. 4041, the Expert Promotion
Reform Act on today's agenda. Mr. Manzullo and I introduced
this bipartisan noncontroversial legislation to help increase
U.S. exports and create jobs for American workers. According to
the GAO, 17 Federal agencies currently have export promotion
programs. These programs would be much more effective with
improved coordination, elimination of duplicative activities
and more effective targeting. That's what our bill does. The
improvements made by this bill would benefit many of the
Nation's 266,000 exporting firms, more than 90 percent are
small and medium-sized businesses, and in the process, that
would help create new jobs.
The Holocaust Insurance Accountability Act, I want to thank
you for bringing up H.R. 890, as I noted in our recent hearing
on this issue, time is of the essence for Holocaust survivors.
This bill is important as to way to shine a light on the
desperate situation for many survivors in our community and I
support it.
Madam Chairman, I also strongly support Senate Con. Res.
17, which expresses a sense of Congress that Taiwan should be
accorded observer status in the International Civil Aviation
Organization. Taiwan's participation in the IKO as an observer
would not only benefit Taiwan, but it would benefit the rest of
the world as well as it helps ensure that IKO can fulfill its
mission and address threats to aviation security.
With Taiwan's air traffic controllers providing service to
over 1 million flights a year, it is long past time for Taiwan
to participate in the IKO.
Madam Chairman, H.R. 3783, the Counter Iran in the Western
Hemisphere Act by Mr. Duncan, requires the administration to
prepare a strategy to address Iran's increasing presence in the
Americas. This committee has heard significant testimony on
this issue. And while the administration is fully engaged on
this matter, a reminder of our heightened interest here is
appropriate.
H.R. 1410 as amended calls attention to the human rights
situation in Vietnam. Despite the country's transition to
greater economic freedom, religious and political freedoms for
Vietnamese citizens remain limited. The bilateral relationship
between the U.S. and Vietnam has deepened since diplomatic ties
were established over 15 years ago, but the lack of sufficient
progress in protecting basic rights and civil liberties in
Vietnam remains a real impediment to closer cooperation the
future. Madam Chair, just one question before I yield back, is
it your vision that on the floor, these bills become separate
items?
Chairman Ros-Lehtinen. Sure.
Mr. Berman. Thank you, I yield back.
Chairman Ros-Lehtinen. Thank you, yes, they will. Mr. Smith
is recognized to address his bill, H.R. 1410, to promote
freedom and democracy in Vietnam.
Mr. Smith. Thank you very much, Madam Chair, and I thank
you, Mr. Berman, for strongly supporting this legislation and
Mr. Berman for cosponsoring it. This is a bipartisan bill.
Originally introduced by myself, Mr. Wolf, Zoe Lofgren, Loretta
Sanchez and Mr. Royce. And our belief is that maybe the third
time is the charm; this bill has passed twice in the House and
has floundered and failed in the Senate through inaction. My
hope is, given the fact the situation has markedly
deteriorated, that will hopefully improve its chances so that
we can send a clear unequivocal message to Hanoi that we are
serious about human rights abuses.
You mentioned 600 prisoners; it is amazing that leading up
to the bilateral trade agreement, and the ascension into WTO in
2006, there were all kinds of expectations that Vietnam would,
indeed, matriculate from its heavy repression on religious
freedom, its forced renunciation of the Christian faith that is
imposed upon the Montagnard, and whether it be the unified
Buddhist Church or the other forms of religious expression, all
of which now are being heavily repressed, people who are out of
prison are back in prison. As a matter of fact, there is a
group called Bloc 8406, it was founded on April 8th, 2006. It
closely mirrors Vaclav Havel's Charter 77.
Bloc 8406 has signers page after page of great human rights
leaders, religious leaders, who put pen to paper and signed
their name. That has become the hit list for the secret police
in Vietnam. They have, one by one, rounded up these
individuals, harassed them, given them long prison sentences
simply for espousing fundamental human rights.
Vietnam is a signatory, and has acceded to the
International Covenant on Civil and Political Rights. It is a
matter of international law, they have signed on the dotted
line themselves, and these rights are being violated with
impunity.
The Vietnam Human Rights Act lists a number of actually
doable, deliverables: Substantial progress in releasing
political prisoners, in respecting the rights of freedom of
expression; releasing independent journalists and labor
activities who are targeted. We had a $20-billion trade
relationship in 2011 with Vietnam. Don't expect a labor union
to exist in Vietnam because they are crushed, not unlike the
way they are crushed in the People's Republic of China.
In the area of human trafficking, they have gotten worse,
particularly in the area of labor trafficking. The first case
that was brought against Vietnam and individuals in the
Government of Vietnam, pursuant to my law, the Trafficking
Victims Protection of 2000, was a sweatshop in American Samoa
where hundreds of people were abused, Vietnamese individuals,
and they have never, never provided the compensation prescribed
by the judge to those individuals that they had so cruelly
abused.
We had a hearing, Madam Chair, on January 24th, one in a
long series of human rights hearings, and we heard a large
number of NGOs. And we heard from one woman who was trafficked
to Jordan and talked about how the government was complicit in
that trafficking scheme. And we know that that is happening all
throughout Asia, and really around the world. So it is a very
serious trafficker, and as you pointed out, Madam Chair, today,
Vietnam ought to be reinstated as a Country of Particular
Concern pursuant to the International Religious Freedom Act,
because they have so violated religious freedom.
On one of my trips to Vietnam, Madam Chair, and then I will
conclude, I went from Hanoi to Hue to Ho Chi Minh City, there
were about 50 different dissidents and religious prisoners,
many of whom were under house arrest. Father Ly was out of
prison, having been very severely persecuted, under house
arrest, he is now back, as are so many others in prison and
being abused, simply because of their beliefs in God or their
beliefs in human rights and democracy, or both.
This legislation says that we will freeze at 2011 levels
non-humanitarian assistance to the Government of Vietnam. It is
a modest penalty, extraordinarily modest penalty, because we
will still be providing foreign aid, but we say have got to set
limits. We have to have some kind, just not just the power of
exposing these abuses but there needs to be a penalty phase. It
has to pass down to the committee, and my hope is the House
will join us in this. We stand in solidarity with the human
rights activists. I have met so many of them, I know you have,
I met them in Vietnam, and I have met them in the United States
and elsewhere.
They need friends and advocates. Vietnam is going
backwards. On the day they got the WTO that they were so
desperately seeking with the United States, that day was the
pivot point of moving in the opposite direction. They gave
every sign. Many of those thought if we just trade, somehow
they would just matriculate from a dictatorship to a democracy.
We are very well-meaning people, unfortunately, that belief has
been betrayed by the Government of Vietnam and we need to have
our eyes completely wide open. Things have gotten demonstrably
worse in Vietnam. I thank the chair.
Chairman Ros-Lehtinen. Thank you. Mr. Faleomavaega is
recognized.
Mr. Faleomavaega. Thank you, Madam Chair. There is no one
in this committee that I have the utmost respect in my
colleague and good friend, Congressman Smith, not only as the
chief author of this bill, but we have a little disagreement
here in principle. As a Vietnam veteran I have a very different
perspective concerning the provisions of H.R. 1410. In 1967, I
was deployed to Vietnam; in 1968, I was there in Tet offensive
and not knowing everyday if I was going to come back in a body
bag or a maimed and wounded soldier for the rest of his life.
On the matter of human rights, the United States cannot
assume the moral high ground when it comes to Vietnam. From
1961 to 1971, 10 years, the United States sprayed more than 11
million gallons of Agent Orange in Vietnam, subjecting millions
of innocent Vietnamese civilians to dioxin, a toxin known as
one of the deadliest chemicals made by man. Despite the
suffering that has occurred ever since, there seems to be no
real interest on the part of the United States to clean up the
mess that we created, subjecting the Vietnamese people, both
North and South Vietnamese people to this deadly toxin that we
still have not been able to correct.
We drop millions of pounds of bombs on the people, the
citizens of Laos and Cambodia, that we still have not been able
to clean up that mess. So instead we spend our time offering up
language like this, which fails to make anything right. While I
can appreciate that more than 1 million Vietnamese Americans
have strong feelings about the Vietnam War. The fact is, is
that it is time for to us rebuild our relationship with Vietnam
just like we did with Germany and Japan after World War II.
Regrettably, I regret to say, the provisions of H.R. 1410
has made an adverse impact on our efforts. 1410 purports to
promote the development of freedom and democracy in Vietnam but
fails its purpose. As noted in the Congressional Research
Service, the bill could kill the recent warming of bilateral
political and security ties and could weaken economic reform in
the ongoing domestic political battles inside Vietnam.
Put another way, Madam Chair, this bill is not in the best
interest of the United States or the Vietnamese American
community. H.R. 1410 is shortsighted in its approach, as
contrary to the efforts of the Clinton and the Bush and the
Obama administrations which have sought to strengthen our
partnership with this important country in Southeast Asia.
Long after the Vietnam War, the United States is now about
the business of coordinating a multi country diplomatic
pushback against Chinese encroachment, in the oil rich and
strategically important South China Sea. The conversations with
the Department of State, they share my concerns that the
measures of this bill could adversely affect our security
relationship with Vietnam as well as our ability to work with
Vietnam on trafficking in persons.
Moreover, the sections of the bill significantly altered
the standard by which the Government of Vietnam's efforts to
combat trafficking in persons are measured, and restricts non-
humanitarian assistance to Fiscal Year 2011 levels pending a
certification on an annual report by the President of the
United States.
The TIP created a set of minimal standards to assess the
government's efforts, these standards are based on the agreed-
upon, international protocols. This bill goes beyond the
protocols and holds the Government of Vietnam to a higher
standard. By holding the Government of Vietnam to a higher
standard that is not applicable to any other foreign
government, nor to the United States Government's own efforts,
this bill would have an adverse impact on our ability to
connect diplomacy with the Government of Vietnam on improving
our anti TIP efforts.
So while Vietnam may have work to do in improving its human
rights records, we all know that. We also have work to do.
First and foremost, we need to work on being fair. We need to
work on treating Vietnam the same as we should be treating
other foreign governments. Simply put, it is wrong to hold
Vietnam to a higher standard than the rest of the world.
Also, let us be clear about the sincere and meaningful
progress Vietnam has made, let us not cherry-pick bits of truth
and put forward old data. This bill is based on old data, the
same data that has been put forward over and over again by
those who have never visited Vietnam. After serving in Vietnam
in 1967, Madam Chair, I returned some 40 years later, becoming
chairman on the subcommittee on Asia Pacific.
All I can say is the Vietnam I fought against is not the
Vietnam I know today. So I encourage my colleagues to rethink
Vietnam and pursue a path of cooperation that does not
undermine the progress we are making.
I also ask that the Embassy of Vietnam statement, Madam
Chair, the following excerpts from the State Department, the
International Religious----
Chairman Ros-Lehtinen. Without objection.
Mr. Faleomavaega [continuing]. To be made part of the
record. Madam Chair, thank you.
I fully realize my good friend from Virginia and from New
Jersey and the gentleman from California, we all understand
Vietnam, yes, has problems, has human rights, so are many other
countries. All I am asking is let's be fair. If we are going to
put this standard on Vietnam, let's do it on Saudi Arabia, and
look at all these other countries that are non democratic. That
is all I am seeking here, Madam Chair, and again, thank you and
I yield back.
[Note: The information referred to is not reprinted here
but is available in committee records.]
Chairman Ros-Lehtinen. Thank you so much.
Mr. Smith. Madam Chair, is there time to respond?
Chairman Ros-Lehtinen. I would be glad to give you the
time, let me just go with the people who are pending.
Mr. Duncan is recognized to explain the bill that he has
put forth, and that we have already reported favorably, H.R.
4783, a Comprehensive Strategy to Counter Iran's Presence and
the Western Hemisphere.
Mr. Duncan. Thank you, Madam Chairman, Ranking Member
Berman, Madam Chair, Chairman Royce, the chair of the
subcommittee, heard the bill, my fellow colleagues,
specifically Mr. Higgins and his staff, he was the first
cosponsor of the bill. I certainly appreciate your assistance
in helping with this issue, and the staffs, a shout out to
them.
I appreciate the bipartisan cooperation we have received in
the 72 Members who have cosponsored this bill. As you all know
from the hearings this committee has held, Iran has steadily
been increasing its presence in the Western Hemisphere by
pursing economic, diplomatic and security agreements doubling
the number of Embassies in the region and engaging countries
with diplomatic visits and strategic communications.
Since 2003, Iran has defied the U.S. in international
events that it end their country's illicit nuclear enrichment
program. Iran's defiance, their deplorable anti Israeli
rhetoric, and their continued sponsorship of terrorism creates
a recipe for instability worldwide. Iran's actions in our
neighborhood represent a real threat to our safety and
security. Our neighbors must recognize that supporting
Hezbollah, transferring nuclear technology to Iran or assisting
the Iranian Government in evading sanctions is a danger not
only to the United States, but to the world as a whole.
I want to thank the Mexican Ambassador for visiting with me
and many other members on the committee to help set the
narrative that we are allies and friends in this region. It is
our neighborhood, and we have got to work together to thwart
the threat that is posed by Iran.
Last year's foiled Iranian assassination plot again the
Saudi Ambassador of the U.S., and the recent testimony of the
Director of International Intelligence Senate Select Committee
on Intelligence present convincing evidence for concern. Recall
that in 2002, the FBI testified before the Senate Select
Committee on Intelligence that investigations today continue to
indicate that many Hezbollah subjects based in the United
States have the capacity to attempt terrorist attacks here,
should this be a desired objective of the group.
Congress has approved trillions of dollars for military
operation in the global war on terror. Yet Iran has been
establishing a presence here in our neighborhood from which it
can exercise influence. With tensions building between Iran and
the United States, we have a responsibility to take steps now
to guard against the threats that Iran could pose to American
U.S. soil, to Americans on U.S. soil.
We do have a precedent of Iranian terrorist attacks in this
hemisphere. In March 17th will mark the 20th Anniversary of the
1992 bombings of the Israeli Embassy in Buenos Aires,
Argentina, which killed 29 civilians and left 242 wounded. The
largest terrorist attack in the Western Hemisphere prior to the
9/11 terrorist attacks.
We cannot let this type of tragedy at the hands of Iran or
its proxies occur in our hemisphere. I believe the U.S. Needs
to do a better job in engaging with our friends in the region
developing broader cooperation on threats posed to the entire
hemisphere, protecting American interest in the region and
securing our borders to ensure Iranian operatives cannot enter
our country. This bill provides a necessary first step to
countering Iran's hostile presence in our hemisphere. Again, I
appreciate the support and I yield back.
Chairman Ros-Lehtinen. Thank you very much. Mr. Connolly is
recognized.
Mr. Connolly. Thank you, Madam Chairman. And I want to
thank you and the ranking member for your leadership in today's
markup and I want to thank you again for your willingness to
consider several amendments to the freedom and democracy in
Vietnam legislation. I really appreciate it.
I also want to say to my friend from New Jersey, I was
delighted to hear that this was a bipartisan bill. Like my
friend from New Jersey, I have been to Vietnam, both north and
south. Like my friend from New Jersey, I have a large
Vietnamese American constituency. Like my friend from New
Jersey, I have spoken out on human rights on Vietnam. Like my
friend from New Jersey, and I am a member and active member of
the Human Rights in Vietnam caucus.
When I was the chairman of Fairfax County, one of the
largest counties in the United States, I had legislation passed
that required that flying of the Republic of South Vietnam's
flag along with the current Vietnamese flag to honor the men
and women who immigrated from Vietnam to Northern Virginia.
And so my friend I know must understand my disappointment
that I was not added as an original cosponsor to his
legislation. We made several attempts to do that, and perhaps
there was a miscommunication. And if my friend would not
object, I would ask Madam Chairman unanimous consent that I be
added to the legislation.
Chairman Ros-Lehtinen. Without objection.
Mr. Connolly. I thank the chair.
Mr. Smith. Happy to have you.
Mr. Connolly. I want to applaud Mr. Smith for his
leadership and passion on this subject. It is important that we
speak up. The words of our colleague from American Samoa are
certainly words we must take cognizance of. He makes some fair
points, but not to speak out about blatant abuses still going
on in Vietnam, and as Mr. Smith indicated, in some cases,
actually worsening against religious freedom, against the free
expression of ideas, against a free press, I think would be a
dereliction of duty on our part as a committee and as a
Congress. And so, I applaud his leadership and I join in it.
And finally, Madam Chairman, as the cochairman of the
Taiwan caucus, I am also delighted that we are passing this
bill to include Taiwan and the family of nations in
international machinery. I think it is very important for
Taiwan, which is a terribly important economy for the United
States and world trade. This recognition is long overdue. And
again, I thank the chairman of the committee for her leadership
in that regard. And with that I yield back.
Chairman Ros-Lehtinen. Thank you very much. Mr. Rohrabacher
is recognized.
Mr. Rohrabacher. Just a few thoughts about our friend from
American Samoa, and I certainly respect the fact that he risked
his life for us in Vietnam back in 1967. And I was not in the
military in 1967, but I was in Vietnam in 1967 with Montagnards
in the central highlands, and those people today are suffering
great repression, and there is no reason whatsoever that
whatever happened back in 1967 should make us any less
committed to the freedom, religious freedom of those
Montagnards who now have, I guess, reached out to Evangelical
Christianity in a very important way in their lives, and have
been brutally suppressed because of it.
Vietnam offers us a classic example of why the argument
that the more we engage with a dictatorship, and the more
prosperous we make a dictatorship become, the more likely it is
that they will become democratic and more liberal. That is the
``hug-a-Nazi, make a liberal theory'' that I have tried to
refute so many times here. What has happened in Vietnam we have
reached out to the Vietnamese Government in many ways. We now
have Vietnamese able to penetrate our market. You will find
goods made in Vietnam throughout our marketplace in the United
States, yet the repression of the people remains the same. It
is up to us to maintain our standards of freedom and democracy
in dealing with these Third World dictatorships. There are
people who have no hope if it is not for the hard work of those
of us in Congress, especially people like Congressman Smith who
has dedicated his life to human rights, and I now very happily,
and I support his efforts on the human trafficking as well as
his Vietnam measure within this bill. I will now yield to him
the balance of my time.
Chairman Ros-Lehtinen. Mr. Smith is recognized.
Mr. Smith. I thank my good friend for yielding. I just
think the record needs to be very clear. My good friend, Eni
Faleomavaega, mentioned the problem of dioxin which was in
Agent Orange. I would note for the record the first amendment,
the very first amendment that I cosponsored wasn't my amendment
but I was the Republican on it, it was Tom Daschle's in the
Veteran Affairs Committee 1981, it would have provided service
connection, disability compensation for Agent Orange-afflicted
Vietnam veterans. We lost. People didn't think it was real
then. We all know how real it is now and it is a very serious
problem.
Our legislation specifically exempts assistance for
environmental remediation of dioxin contaminated sites and
related health activities. Last year, or this year, fiscal
year, we are spending $15 million in Vietnam to help people who
have been sickened by dioxin and to remediate sites. This is a
very, I think, focused piece of legislation that speaks to our
economic types of relationships, where we are giving U.S.
foreign aid. We are not dictating to them, we are saying these
are universal principles that need to be followed.
And frankly, Vietnam has acceded to all these human rights
norms and many treaties. Live up to them, don't persecute and
torture your own people and then expect to us provide U.S.
foreign aid over which we have the power of the purse and just
let that run and flow untouched. So it is to get their
attention, that we mean business, and that there is a penalty.
So when you say, as mentioned by my good friend about why
single out Vietnam? We single out many countries on this
committee when it comes to human rights issues and humanitarian
issues. I think it is better when we do it country-specific.
Yes, let's have thematic bills like religious freedom and
trafficking that focuses on every country of the world with
specific delineation for individuals with regards to their
records. But this one says we are serious, they are getting
worse, much worse, in this Congress, in a bipartisan way.
And again, I thank the distinguished gentlelady who is a
champion of human rights for bringing this bill to the
committee, Howard Berman and others for supporting it so
strongly, and, of course, Mr. Connolly, who is now on as a
sponsor, I thank him for that, and of course, I want to thank
Dana Rohrabacher.
We have to be serious. I asked the members to read the bill
very carefully, it wasn't written overnight on the back of an
envelope. This is very well thought out, we have had the
hearings on it, so with great respect to my friend, Mr.
Faleomavaega, I do hope we get strong support for it when it
gets to the floor. Otherwise the people who languish in the
prisons, just like they do in Cuba and China and so many other
places in the Middle East and in African countries where
dictatorship, reign, we then abandon them. We do have a voice.
We need to use it.
Chairman Ros-Lehtinen. Thank you so much. The gentleman
from New York, Mr. Engel, is recognized.
Mr. Engel. Well, thank you, Madam Chairman. I rise in
strong support of the en bloc amendment and I would like to
briefly discuss a few of the bills. I would like to share my
thoughts on the Iran and the Western Hemisphere bill. As a
member of this committee, I pay very close attention to the
actions of Iran anywhere in the world they are the principle
threat to peace and stability at this time, the leading
supporter of terrorism around the world and they demand our
vigilant attention.
Thus as the ranking member of the Western Hemisphere
Subcommittee, I work with our subcommittee chairman, Mr. Mack
to ensure that we are aware of potentially nefarious activities
of Iran in our region. This committee has held numerous
briefings with the administration and the Intelligence
Community on Iran. And without discussing the content of these
briefings, I am glad that the executive branch is as focused as
we are on the challenge. The bill we take up today strives to
address the challenge of Iran in the Western Hemisphere. When I
was chair of the Subcommittee on the Western Hemisphere, we
held the hearings and briefings and discussions on Iran and
what they are attempting to do in the Western Hemisphere.
So I would like to thank all those involved, the chair,
ranking member of the full committee, and of the TNT
Subcommittee which first marked up the bill, and Mr. Duncan,
the author of the bill. With their flexibility and willingness
to reach a compromise, this is a better piece of legislation,
and it has significantly improved and will have my support and
my vote.
I would like to also briefly address the Holocaust
insurance legislation. I will never forget meeting my
constituent, Mr. Solofish, who had an actual copy of his
father's life insurance policy which was never paid by his
European insurance company. I believe he and the other people
were simply treated unfairly in the ICHEIC process. And I am
pleased to support this bill which gives them an opportunity to
pursue what is rightfully theirs.
I welcome the guests we have in the front row, and assure
you that there are many, many of us of us in this committee
that will keep on this and you will never be forgotten until
justice is done, so I want you to know that, and it is
bipartisan.
I would like to offer my support for Taiwan joining the
International Civil Aviation Organization. Taiwan deserves to
be in the international fora and organizations, and we cannot
afford to play games when it comes to aviation safety as well.
Many countries with large aviation sectors need to be in such
organizations and this resolution has my strong support.
Finally, I want to talk about the Vietnam human rights
bill. I am sorry Mr. Smith has left, but as I said to him
personally many times there is no one in this Congress or any
other Congress who champions human rights more than Mr. Smith
who feels it in his heart and his gut and goes with what is
right. I know Vietnam is an important country, and I know in
our disputes with China and the disputes that Vietnam has with
China, how the United States has been working with Vietnam, and
Vietnam is a potentially strong ally in our fight against
Chinese hegemony in the region. But I do think Mr. Smith is
quite right when he says that there has to be a basic standard.
If we are going to normalize our relations we have with
Vietnam, then we expect certain things from them as well. And
human rights is very, very basic.
So I think it is very important that we send a strong
message by talking about Vietnam human rights and by supporting
this bill.
So Madam Chair, again, I support the en bloc amendment and
it has my strong support and I yield back the balance of my
time.
Chairman Ros-Lehtinen. Thank you so much. Mr. Ackerman is
recognized.
Mr. Ackerman. Thank you, Madam Chair. Let me first commend
you for your passion and for your pursuit of the legislation
that you have introduced, the Holocaust Insurance
Accountability Act. I think none can dispute the fact that you
have been a champion of justice for so many in so many
different places in the world. And nobody, nobody can help but
feel the pain and the injustice done to those people who have
claims that have not been settled due to the Holocaust.
I feel that concern as much as any. Those of us who have
family members, who lost not just property, but family members
themselves during that darkest hour of humankind, has to have
sympathy for what these people are going through. But let me
also bring up some concerns that I have with us trying to
remedy this injustice, because I think it would be unfair to
let that go unsaid.
There was a time when we had the ability to settle on most
of the claims. We did that as part of an understanding in an
agreement between the United States and others, an agreement
that was made considering the interests of the majority of
people whose claims could be settled.
Mr. Smith just mentioned, as he does often, and as you do
and so many others on the committee, Madam Chair, the
importance of countries keeping to their international
agreements because their integrity is on line and at stake
before the international community. How difficult would it be
for us not to be able to say at this particular moment in time,
to our friends in Egypt, that it is important even despite the
turmoil that is going on there that they must keep to their
international commitments that they made in their peace
agreement with the State of Israel?
And they could say they have justice issues before them and
don't want to keep to that claim anymore, but they have made
that. How difficult would it be for us in our ongoing desire
and wish to see a settlement in dispute between the Israelis
and Palestinians and see justice done there? Part of that
problem there is a continuum of claims that are brought up in a
yes-but fashion by the Palestinians that could go on for
millenniums. It is always ``yes but,'' pocket what you can get
as an offer and keep to pursuing.
One of the demands that we have is an end to all claims
when the Palestinians settle up with the Israeli's. So once
that agreement is made on an international basis and all the
parties sign on, that there comes a time that the Palestinians
agree that claims are not going to come up in the future. And
justice will be done to some people in that case, I would
assume, but sometimes processes have to end. This is a matter
of conflicting justices and I would never oppose the pursuit of
justice on behalf of the people who seek restitution because of
claims that they have, but I would certainly be remiss if I
didn't mention that we do this not cost free, that we pay the
price of turning our country into violators of our own word, we
do that at the risk of attempting to change what I understand
is a very important principle of the Constitution of the United
States, and that is, we cannot tell a separate branch of
government, the executive branch what to do.
And that certainly President Clinton, President Bush, and
no American President would cede that this Congress can strip
away their rights guaranteed by the Constitution as a separate
branch of government. So we are faced with conflicting senses
of justice. How do you settle an international dispute and
agree not to pursue in the future further claims? It is so
difficult. These people have been done a tremendous injustice.
They have a right to pursue it. As the people who lost
relatives in 9/11, when we settled up with the airlines, were
told that they can pursue their cases, but outside of that,
they would not have the support of the U.S. Government if they
didn't settle at the time of settling up when everything was
put on the table. These people have been gypped, they have been
robbed, they have been made double victims, victims of the
Holocaust and victims of the loss of their property, and
despite those concerns, Madam Chair, I want to salute you in
the personal sense of pursuing justice that we all want to see
done to all of the victims of the Holocaust, and I thank you
very much.
Chairman Ros-Lehtinen. Thank you very much, Mr. Ackerman.
Mr. Deutch is recognized.
Mr. Deutch. Thank you, Madam Chair. Madam Chair, I have had
to wait a while to speak, but I have not had to wait nearly as
long as the Holocaust survivors have had to wait for justice.
Madam Chair, let me first extend my deepest thanks to you for
bringing the Holocaust Insurance Accountability Act, now the
Tom Lantos Justice for Holocaust Survivors Act before this
committee. It has been a privilege to co-sponsor this
legislation with you on behalf of the thousands of Holocaust
survivors that we represent.
For the survivors in Florida's 19th District and throughout
the country, time is of the essence. It is no secret that the
Holocaust survivor population is among our most vulnerable.
When this committee held a hearing on the rights of survivors
several months ago, I spoke of the Oma Shoah remembrances I
have been attending for years and spoke of the crowds that used
to fill the events every year. There are now more and more
empty seats. These survivors deserve to live out their lives
with dignity, they deserve proper health care, access to home
care, and simple things that we take for granted, like
transportation to doctors' appointments, to the grocery store,
and they deserve to not have to choose between buying those
groceries or paying for prescriptions.
Madam Chairman, this bill is about justice, plain and
simple. It is about giving survivors the opportunity to pursue
justice for the wrongs of the past. When we last had a hearing
on this issue, we heard from survivors, each told a remarkable
story. We heard from David Schaecter, who joined us then and is
here with us today. David sat before this committee and told us
his family's story, and there are so many others just like his.
At that November hearing, I asked David and the other
survivors what the most important message they had to impart to
young people that they speak with. It is, they summed up, the
choice between right and wrong. The generation of children,
this generation of children is the last generation that will
hear the stories of Holocaust survivors directly from those who
lived through it. It is our job here to carry out their message
of right and wrong and, Madam Chairman, that is what we did
here today by passing this bill. Some 75 percent of the
Holocaust survivors in America live in poverty, 75 percent.
Today we gave these men and women at least the start toward a
chance to live out their lives with the dignity they deserve.
This issue is not about giving peace to insurers or protecting
foreign governments, it is not about going to court or pursuing
opportunities for future reparations, it is about providing
peace and security to those remaining Holocaust survivors of
our communities who have suffered the most horrific injustices.
And finally, Madam Chairman, I can think of a no more
fitting tribute than to name this bill after a Member of this
body, chair of this committee, who understood the plight of
survivors better than anyone because he lived it himself, Tom
Lantos. It is a true honor to cosponsor this bill in his name,
the only Holocaust survivor to serve in the United States
Congress. I would like also to thank Mrs. Annette Lantos for
her continued courageous work on behalf of those suffering
around the world.
Madam Chairman, I applaud my colleagues for supporting this
legislation on behalf of Congressman Lantos. It is important
legislation for David and the other survivors that we are
privileged to have join us here today. It is important
legislation for my constituents Jack Rubin, Alex Moskovic and
so many others, and this moment, Madam Chairman, this moment is
vitally important for all of the survivors who, quite simply,
deserve more than anything else the pursuit of justice. Thank
you, and I yield back.
Chairman Ros-Lehtinen. Well done. Thank you very much, Mr.
Deutch. Mr. Higgins is recognized.
Mr. Higgins. Thank you, Madam Chair, for your highly
respectful and inclusive leadership of this committee.
Congratulations to the survivors. I wanted to address H.R.
3783, sponsored by Mr. Duncan, and while the national attention
is focused on the brutality of the Assad regime in Syria and
the delirious defiance of Ahmadinejad in Iran, this bill also
addresses the malignancy of the proxies, specifically
Hezbollah. Hezbollah is the party of God, it is a Shi'a Muslim
group that is committed to violent Jihad, including the
destruction of the State of Israel.
I think what is most of concern here is that they not only
have a presence in the Western Hemisphere, they have a presence
in North America and in the 16-nation region of Latin America.
Hezbollah has a presence in 15 American cities, including four
major cities in Canada. We have been told repeatedly that we
shouldn't be all that concerned about their presence because it
is limited to fund-raising activity. That is not comforting.
So this bill, I think, is not preemptive, but it is
precautionary, and I think it is a wise step in the direction
of monitoring the activity of Hezbollah and other groups that
act as a proxy for Venezuela, for Iran, and for Syria. With
that, I will yield back. Thank you.
Chairman Ros-Lehtinen. Thank you so much, and let the
record reflect that Mr. Ackerman is a yes vote, it was a voice
vote, but Mr. Ackerman is a yes vote on the Holocaust survivors
bill, H.R. 890, that was considered en bloc. Neither hearing
nor seeing further requests for recognition, the committee
stands adjourned, and thank you one and all.
[Whereupon, at 12:15 p.m., the committee was adjourned.]
A P P E N D I X
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Material Submitted for the Hearing Record
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
Prepared statements of the Honorable Connie Mack, a Representative in
Congress from the State of Florida
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
Prepared statement of the Honorable Eni F.H. Faleomavaega, a
Representative in Congress from American Samoa
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
Prepared statements of the Honorable Ann Marie Buerkle, a
Representative in Congress from the State of New York
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
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