[House Hearing, 112 Congress]
[From the U.S. Government Printing Office]
INTERNATIONAL CHILD ABDUCTION PREVENTION
AND RETURN ACT OF 2011; GLOBAL ONLINE
FREEDOM ACT OF 2011; AND INTERNATIONAL
FOOD ASSISTANCE IMPROVEMENT ACT OF 2012
=======================================================================
MARKUP
BEFORE THE
SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,
AND HUMAN RIGHTS
OF THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
SECOND SESSION
ON
H.R. 1940, H.R. 3605 and H.R. 4141
__________
MARCH 27, 2012
__________
Serial No. 112-131
__________
Printed for the use of the Committee on Foreign Affairs
Available via the World Wide Web: http://www.foreignaffairs.house.gov/
or
http://www.gpo.gov/fdsys/
______
U.S. GOVERNMENT PRINTING OFFICE
73-534 WASHINGTON : 2012
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COMMITTEE ON FOREIGN AFFAIRS
ILEANA ROS-LEHTINEN, Florida, Chairman
CHRISTOPHER H. SMITH, New Jersey HOWARD L. BERMAN, California
DAN BURTON, Indiana GARY L. ACKERMAN, New York
ELTON GALLEGLY, California ENI F.H. FALEOMAVAEGA, American
DANA ROHRABACHER, California Samoa
DONALD A. MANZULLO, Illinois DONALD M. PAYNE, New Jersey--
EDWARD R. ROYCE, California deceased 3/6/12 deg.
STEVE CHABOT, Ohio BRAD SHERMAN, California
RON PAUL, Texas ELIOT L. ENGEL, New York
MIKE PENCE, Indiana GREGORY W. MEEKS, New York
JOE WILSON, South Carolina RUSS CARNAHAN, Missouri
CONNIE MACK, Florida ALBIO SIRES, New Jersey
JEFF FORTENBERRY, Nebraska GERALD E. CONNOLLY, Virginia
MICHAEL T. McCAUL, Texas THEODORE E. DEUTCH, Florida
TED POE, Texas DENNIS CARDOZA, California
GUS M. BILIRAKIS, Florida BEN CHANDLER, Kentucky
JEAN SCHMIDT, Ohio BRIAN HIGGINS, New York
BILL JOHNSON, Ohio ALLYSON SCHWARTZ, Pennsylvania
DAVID RIVERA, Florida CHRISTOPHER S. MURPHY, Connecticut
MIKE KELLY, Pennsylvania FREDERICA WILSON, Florida
TIM GRIFFIN, Arkansas KAREN BASS, California
TOM MARINO, Pennsylvania WILLIAM KEATING, Massachusetts
JEFF DUNCAN, South Carolina DAVID CICILLINE, Rhode Island
ANN MARIE BUERKLE, New York
RENEE ELLMERS, North Carolina
ROBERT TURNER, New York
Yleem D.S. Poblete, Staff Director
Richard J. Kessler, Democratic Staff Director
------
Subcommittee on Africa, Global Health, and Human Rights
CHRISTOPHER H. SMITH, New Jersey, Chairman
JEFF FORTENBERRY, Nebraska KAREN BASS, California
TOM MARINO, Pennsylvania DONALD M. PAYNE, New Jersey--
ANN MARIE BUERKLE, New York deceased 3/6/12 deg.
ROBERT TURNER, New York RUSS CARNAHAN, Missouri
C O N T E N T S
----------
Page
MARKUP OF
H.R. 1940, To ensure compliance with the 1980 Hague Convention on
the Civil Aspects of International Child Abduction by countries
with which the United States enjoys reciprocal obligations, to
establish procedures for the prompt return of children abducted
to other countries, and for other purposes..................... 2
Amendment in the nature of a substitute to H.R. 1940 offered by
the Honorable Christopher H. Smith, a Representative in
Congress from the State of New Jersey, and chairman,
Subcommittee on Africa, Global Health, and Human Rights...... 91
H.R. 3605, To prevent United States businesses from cooperating
with repressive governments in transforming the Internet into a
tool of censorship and surveillance, to fulfill the
responsibility of the United States Government to promote
freedom of expression on the Internet, to restore public
confidence in the integrity of United States businesses, and
for other purposes............................................. 52
Amendment in the nature of a substitute to H.R. 3605 offered by
the Honorable Christopher H. Smith........................... 141
H.R. 4141, To direct the Administrator of the United States
Agency for International Development to take appropriate
actions to improve the nutritional quality, quality control,
and cost effectiveness of United States food assistance, and
for other purposes............................................. 80
Amendment to H.R. 4141 offered by the Honorable Karen Bass, a
Representative in Congress from the State of California...... 169
APPENDIX
Markup notice.................................................... 182
Markup minutes................................................... 183
The Honorable Christopher H. Smith, a Representative in Congress
from the State of New Jersey, and chairman, Subcommittee on
Africa, Global Health, and Human Rights: Material submitted for
the record..................................................... 184
INTERNATIONAL CHILD ABDUCTION PREVENTION AND RETURN ACT OF 2011; GLOBAL
ONLINE FREEDOM ACT OF 2011; AND INTERNATIONAL FOOD ASSISTANCE
IMPROVEMENT ACT OF 2012
----------
TUESDAY, MARCH 27, 2012
House of Representatives,
Subcommittee on Africa, Global Health,
and Human Rights,
Committee on Foreign Affairs,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:34 p.m., in
room 2200 Rayburn House Office Building, Hon. Christopher H.
Smith (chairman of the subcommittee) presiding.
Mr. Smith. The subcommittee will come to order, and I want
to thank each and every one of you for being here.
Pursuant to notice, the subcommittee meets this afternoon
to mark up H.R. 1940, now titled the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2012; H.R. 3605, the Global Online Freedom Act of 2012; and
H.R. 4141, now named the Donald M. Payne International Food
Assistance Improvement Act of 2012.
[The information referred to follows:]H.R.
1940 deg.
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Mr. Smith. As our members are aware, these measures enjoy
strong bipartisan support. They have been the subject of
extensive hearings, and in the case of the Global Outline
Freedom Act, I first introduced that legislation back in 2006
after hearings with Google, Yahoo!, and others as well as with
the administration.
In like manner, the International Child Abduction Act, now
named after Sean and David Goldman, was first introduced in
2009. And in like manner, we had a number of hearings on that
legislation, vetting language and working on best practices and
what ought to be included, and that is what is before the
members today.
Thus, it is the intent of the Chair to consider these bills
en bloc, and by unanimous consent include the substitute
amendments sent to each of you on Friday, and an additional
amendment sent to you yesterday. All members have copies of
those documents before them.
Then after we have concluded our expedited consideration of
these bills and amendments, I will be glad to recognize first
myself, then my good friend and colleague, Ranking Member Bass,
and other members including the vice chair, Mr. Fortenberry,
and Mr. Turner and others who will then make statements on each
of the pieces of pending legislation before us.
All members are given leave to insert written remarks into
the record should they choose to do so.
Seeing that a reporting quorum is present, without
objection, the following measures which the members have before
them are considered as read, shall be deemed adopted, and are
hereby reported favorably to the full Committee on Foreign
Affairs: H.R. 1940, the Sean and David Goldman International
Child Abduction Prevention and Return Act of 2012; the Smith
amendment number 64 to H.R. 1940, the amendment in the nature
of a substitute provided to your offices on Friday.
[The amendment referred to follows:]ANS to H.R.
1940 deg.
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Mr. Smith. H.R. 3605, the Global Online Freedom Act of
2012, the Smith amendment number 69 to H.R. 3605, the amendment
in the nature of a substitute provided also to your offices on
Friday.
[The amendment referred to follows:]ANS to H.R.
3605 deg.
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Mr. Smith. And H.R. 4141, the International Food Assistance
Improvement Act of 2012, and the Bass amendment, number 35 to
H.R. 4141 which is the amendment sent to your offices on
Monday, which adds our good friend and now deceased member,
Donald Payne's name to the title of that legislation.
[The amendment referred to follows:]Amendment to
H.R. 4141 deg.
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Mr. Smith. Hearing no objection, it is so ordered. The
amendments and bills are adopted and without objection the
staff is directed to make technical and conforming changes.
I now would like to recognize myself to speak to H.R. 1940,
as amended. I want to thank my colleagues on the subcommittee
for supporting this legislation, and for your input as we
crafted its various provisions in H.R. 1940, the Sean and David
Goldman International Child Abduction and Prevention and Return
Act of 2012.
It was David Goldman's unrelenting effort to bring his son
Sean home from Brazil that first alerted me to the epidemic of
international parental child abduction in this country.
According to the U.S. State Department, between 2008 and 2010,
bereaved parents left behind like David Goldman reported over
3,200 abduction cases involving more than 4,700 children.
I had the privilege of joining David in his fight to return
Sean, and experienced firsthand the maddening obstacles
encountered by left-behind parents even in countries that have
signed the Hague Convention on International Child Abduction.
Foreign courts, endless appeals to run out the clock,
exploitation of the safeguards in the Convention and prejudice
against foreigners.
As David has told this subcommittee in numerous hearings
that I've chaired on the subject, for the 5\1/2\ years of that
battle, he lived, and this is his quote: ``In a world of
despondency and desperation with a searing pain throughout my
entire being.'' He went on to say, ``Everywhere I turned I saw
the image of my abducted child.''
I am pleased to see David Goldman is in the audience today
and submit this bill in his honor, and in honor of his formerly
abducted son, Sean. And, frankly, it's in honor of all of the
parents, and there are several others in the audience today,
and their abducted children for whom the Hague Convention has
been a long and bitter disappointment.
My bill, H.R. 1940, as amended, will encourage effective
implementation of the Hague Abduction Convention, and create
strong incentives for compliance and disincentives for non-
compliance by countries that currently enable abductors and
perpetuate child abuse through weak Convention implementation.
H.R. 1940, as amended, is also for the left-behind parents
and bereaved children who have been taken to countries that are
not party to the Hague Convention. Parents like Michael Elias,
a combat-injured Iraq veteran from New Jersey whose ex-wife
used her Japanese consulate connections to abduct little Jade
and Michael, Jr. after the New Jersey court had ordered
surrender of passports and joint custody.
Ms. Nakamura flagrantly disregarded those valid court
orders telling Michael Elias, and I quote her, ``My country,
Japan, will protect me.'' Sadly, she was right. Although Japan
is reportedly prosecuting her for abusing her consulate
connections, they will not return the children.
At a hearing last May, Michael Elias told this subcommittee
that as a father who no longer has his children to hold in his
arms, ``I cannot deal with the sorrow so I will try my best to
stay strong and keep fighting for their return. All my hopes
and dreams for their future now lie in the hands of others.''
He continued, ``I am begging our Government to help not only my
family but hundreds of others, heartbroken families as well, to
demand the return of our American children who are being held
in Japan.''
U.S. Navy Commander Paul Toland, who is here with us with
some of the left-behind dads from Japan whose children are in
Japan, also knows firsthand the pain suffered by all of the
left-behind parents. His daughter, Erica Toland, was living
with Paul and his wife in Navy housing in Yokohama, Japan, when
Etsuko took Erica in 2003 and never returned. Tragically, his
wife passed away in 2007, and yet Commander Toland has
continually been denied access to his daughter.
We have, in the past, had hearings with some of the other
left-behind parents and we will include in this record some of
their testimonies, and we're planning in about a month to 6
weeks' time yet another hearing to hear firsthand from those
families and from those left-behind parents of the plight that
they face, the obstacles they encounter with our U.S.
Department of State and the Office of Children's Issues in the
hope that finally they will get their children home.
According to the Office of Children's Issues at the State
Department, there are more than 111 American children being
held in Japan, others say it's much higher than that, against
the will of their American parent. More than 40 others are not
allowed access to their American parent. Japan has yet to issue
and enforce any court order for the return of a single American
child abducted to Japan. I look forward to the day, and I
believe that day will happen soon, when these kids are brought
home. And I do believe H.R. 1940, as amended, takes us a step
closer.
International parental child abduction rips children from
their homes and lives, takes them to a foreign land and
alienates them from a left-behind parent who loves them and who
they have a right to know. Their childhood is disrupted, or
sometimes is in hiding, as the taking parent seeks to evade the
law, or to conjure illegal cover for their abusive actions.
Abducted children often lose their relationship with their mom
or their dad, half of their identity, and half of their
culture.
They are at risk of serious emotional and psychological
problems, and may experience anxiety, eating problems,
nightmares, mood swings, sleep disturbances, aggressive
behavior, resentment, guilt, and fearfulness. As adults they
may struggle with identity issues, their own personal
relationships, and parenting.
All of this has been chronicled over and over again, and is
one of the main reasons why the Hague Convention was adopted
back in 1980 in the first place. The body of evidence has only
exploded over the years since.
Parental child abduction is child abuse. Too many families
have been waiting too long for the return of their children.
Our current system with its endless delays and lack of proper
accountability has failed far too many. It is time for the
approach that backs our demands for adherence to international
obligations with penalties, and makes clear to foes and friends
alike that our children are our top priority.
The amendment that was just approved by unanimous consent
will achieve this goal by giving the President important tools
to motivate other countries to quickly respond to applications
for an abducted child's return. For even one case that has been
pending for over 6 weeks in a foreign country's judicial system
the President may choose to at least issue a private demarche
or take more serious actions commensurate with the gravity of
the case.
If a country has 10 or more cases of children abducted from
the U.S., pursuant to this legislation, and those cases are not
being resolved in a timely manner, or the entity responsible
for working with the U.S., the central authority, or the
judiciary, or the law enforcement, are persistently failing to
fulfill their obligations, the President can take measured,
effective, and predictable actions to aggressively advocate for
our children's return. Such actions range from denial of
certain assistance to prohibiting the procurement of certain
goods or services from the government or instrumentality
responsible for the pattern of non-cooperation.
Of course, the President is directed to consult with the
government concerned and report to Congress when contemplating
serious actions. The President is also provided with certain
waiver authorities that take into account the important
national interests of the U.S. However, the expectation is that
the President will use all tools necessary to bring our
children home in a timely manner, and that the President will
have to explain the minority of cases where a delineated tool
cannot be used. And I will put into the record, and it's in the
legislation, all 17 of the prescribed actions that the
President can take, and they are serious.
We patterned it after lessons learned from the
international--the Trafficking Victims Protection Act of 2000
which I authored, and the legislation called the International
Religious Freedom Act which I helped get passed. It was
authored by my good friend and colleague, Frank Wolf,
prescribing specific actions to be taken against governments
that show this non-cooperation, or a pattern of non-
cooperation.
I would like to now yield to my friend and colleague, Ms.
Bass, for comments she might have on the child abduction
legislation.
Ms. Bass. Thank you. Thank you, Mr. Chair. I just have to
say as this is my first subcommittee hearing as ranking member
that I can't not begin by expressing again my sadness for the
loss of our colleague, Representative Payne, but I am thankful
for the opportunity to serve as ranking member, and to serve
alongside of you and your leadership that you've had for so
many years on these issues.
It's fitting that during this first subcommittee meeting
after the loss of our friend and colleague that we're going to
consider several measures aimed at protecting the most
vulnerable among us, children, the disenfranchised, and the
hungry, whom Representative Payne fought to protect throughout
his career.
Representative Payne was a leader on international human
rights issues, and especially concerned with protecting the
rights of children and young people. And I, of course, want to
commend you, Chairman Smith, for your dedication to promoting
adherence to the Hague Convention on the Civil Aspects of
International Child Abduction, for encouraging nations to adopt
the Convention, and for consistently pursuing justice for our
children.
Last year you convened two subcommittee hearings on
international child abduction, and during the first of those
hearings we all heard the heartbreaking stories of parents
whose children were abducted to a foreign country.
David Goldman, who is here today, Mr. Goldman, I have to
tell you that I watched your story for years on TV, and I never
had any idea, of course, that I would wind up serving in
Congress and having an opportunity to meet you. I just really
can't imagine what it was like, what you went through. And I'm
very happy that you're reunited with your son, and really want
to congratulate you for your leadership in helping to bring
that about, Mr. Chairman.
I know the Elias family is represented by the grandmother
that is here. Thank you for attending today, and also over the
time you have shared your story with us.
This legislation that is offered by Chairman Smith would
finally give proper due diligence to this often neglected
crisis by creating an Office on International Child Abductions
within the State Department, and by expanding the President's
authority to act decisively to bring these children home.
The community that I represent in Los Angeles has also been
impacted by this horrific crime. Several of my constituents
have reached out to me and told me about their children that
have been abducted. There's one family that we've been working
with for quite a while whose child was abducted to Japan, so I
appreciate you bringing forward this bill and I look forward to
continuing to support the efforts until all the children are
returned home. Thank you.
Mr. Smith. Ms. Bass, thank you so very much, and welcome to
the subcommittee. And as both you and I and so many others who
were at Don Payne's funeral know, it was a huge loss to the
Congress, and a great friend especially of those who are
suffering the ravages of famine and natural disasters on the
continent of Africa. But welcome to the subcommittee as ranking
member, I look forward to working with you.
I'd like to now yield to the vice chairman of the
subcommittee, Mr. Fortenberry.
Mr. Fortenberry. Thank you, Mr. Chairman, for your
important leadership on this and so many other issues. What
more important function can our Government undertake than to
prevent the abduction of American children?
Thousands of children have been subjected to this abuse.
Thousands of children have been treated as international pawns.
Think of the thousands of children who lie silently in their
beds except for the crying that can perhaps not be heard by
anyone but themselves.
A child's pain should know no international boundary, and a
child's suffering is enough due to the separation of their
family unit. So, I want to thank you, Mr. Smith, for your
important leadership.
International child abduction is too common, and past legal
and diplomatic barriers have been too high for the families who
have had to suffer through this problem. Establishing the
Office of the International Child Abductions within the State
Department, I'm hopeful, may impart a focused and whole of
government approach to returning abducted children to the
United States and preventing more families from the heartbreak
and difficulties that this has caused. Thank you for your
leadership.
Mr. Smith. Thank you very much. The Chair recognizes the
former U.S. Attorney from Pennsylvania, Mr. Marino.
Mr. Marino. Thank you, Chairman. As a prosecutor for 18
years I've had the unfortunate task of dealing with issues that
are such heartbreaking issues as child abduction from a
domestic perspective and from an international perspective. And
I can only thank the chairman for holding this hearing, putting
this legislation together, that will really put some teeth into
the laws that The Hague should have implemented a long time
ago. So, the chairman and, of course, the parents out here and
the parents that aren't here, and the children that have been
abducted have my total support, and that is a commitment. Thank
you.
Mr. Smith. Thank you very much. The Chair recognizes Mr.
Turner from New York.
Mr. Turner. Thank you, Mr. Chair. I was reminded of
something in another life. I ran an entertainment company, a
woman named Cathy Mahone came in to sell her television rights
which ultimately was a TV movie called ``Rescue My Child.'' And
her 8-year old daughter was abducted following a divorce, and
falsely sent to Jordan. And failing to get any satisfaction
from the State Department or through the courts, she took some
extralegal methods and hired what were called consultants at
the time, ex-military people, who literally went in and re-
kidnaped the child and got her out.
This extralegal method has pretty much closed down. The
principals of the company were a little tired of going to jail
and getting shot at and all the other things that they had to
endure over the years. I'm hoping what we've done today will be
a legal step that will facilitate this, and I applaud you for
it. Thank you.
Mr. Smith. Mr. Turner, thank you so very much. The Chair
recognizes a woman who happens to be both a lawyer and a nurse,
and has been, like the other members of this subcommittee,
tenacious in combating human rights, Ms. Ann Marie Buerkle.
Ms. Buerkle. Thank you, Mr. Chairman, and I just want to
echo my colleagues' thoughts to you. Thank you for your
leadership on this extremely important issue.
We sat through, several months ago, a hearing about child
abduction and listened to the anguished testimony of parents
who had lost their children, so this piece of legislation will,
as my colleague said, put teeth into what the Hague Convention
should be doing.
It's the right thing to do. As a mother of six children, I
can only imagine the pain that you've all felt by having your
child abducted, so we are so pleased to be able to work with
you to get this passed. Thank you so much.
Mr. Smith. I want to thank my good friends and colleagues.
I just want to note before we move on to the Global Online
Freedom Act, unless my colleagues have anything further to say,
and you mentioned this, Mr. Turner, the importance of the
media, television and print, all media, but to bring the
message forward to sensitize and mobilize people. I would be
remiss if I didn't note that Dateline did a tremendous public
service for David and every other left-behind parent, and
Meredith Vieira is here, and Benita Noel. Benita was the
producer and was with David throughout that process. Meredith
carried frequently, almost every day in some cases, vital
information as to what was happening in real time, and what a
difference that made. And then got it all together for various
Dateline specials. And not only did it help David Goldman and
Sean get reunited, and Sean repatriated to the U.S. with his
dad, but I do believe it has helped all the other left-behind
parents.
And this is still a festering sore when it comes to issues.
The pain that these men and women suffer is beyond words to
describe, and yet they continually push hard. Thank you for
amplifying their concerns in such a magnificent way.
Any further comments on that legislation? If not, I now
will move to the consideration of the debate on H.R. 3605, the
Global Online Freedom Act.
In December, I introduced H.R. 3605 which was an updating
of the Global Online Freedom Act that I first introduced, as I
mentioned earlier, back in 2006. The response to the growing
global use of the Internet as a tool of censorship and
surveillance as a means of capturing, apprehending the best and
the brightest in dictatorship countries all over the world,
including especially in China.
Members might recall back in 2006 we had our first hearing
on this issue in this subcommittee, and I swore in all of the
leaders from Google, Yahoo!, Cisco, and Microsoft, and the
answers that they gave at that time were very unavailing. They
didn't want to tell us what they were doing in places like
China, but we persisted, we wrote legislation, the Global
Online Freedom Act, and today we have a refined, and I think,
an even more effective draft of legislation that moves to the
committee to try to combat this misuse of the Internet.
The threat to human rights is very serious. Reporters
Without Borders just released its Internet enemies list, the
names of the countries that violate their citizens' online
freedoms. The reports tell us that China, Vietnam, and Iran are
the world's biggest prisons for netizens. Other countries are
not lagging far behind.
For example, the Government of Pakistan recently announced
a public bid for companies to help them build their own version
of China's Great Firewall. The public outcry caused the
government to withdraw the bid but I'm skeptical that plans for
the firewall are actually scrapped. Likely this procurement has
simply been moved behind the scenes and out of public scrutiny.
Sadly, it's through the assistance of Western companies and
technologies that this--and this includes American companies
and technology, that governments like Iran, China, and Syria,
and many others are transforming the Internet into a weapon of
mass surveillance.
Just as we jealously guard our media freedoms and our
personal freedoms, and would be horrified if American companies
sold newspaper censorship services abroad, we also need to
ensure that our companies and our capital markets are not
censoring the Internet abroad. The Internet holds great
promise, but also because it can be censored and surveilled,
the potential of great peril.
The Global Online Freedom Act is designed to help ensure
that U.S. companies are not complicit in repression of human
rights. We need to move now to ensure that fundamental freedoms
are protected. First, the Global Online Freedom Act requires
the State Department to beef up its reporting on Internet
freedom in the annual Country Reports for Human Rights
Practices, and to identify by name what we call Internet
restricting countries.
This country designation will be useful not only in a
diplomatic context in helping to advance Internet freedom
through naming and shaming countries, but will also provide
U.S. technology companies with the information they need to
make good business decisions in difficult foreign markets.
Second, the bill requires Internet companies listed on the
U.S. stock exchanges to disclose to the Securities and Exchange
Commission how they conduct their human rights due diligence,
including with regards to the collection and sharing of
personally identifiable information with repressive countries,
and the steps they take to notify users when they remove
content or block access to content.
This provision of the bill will help democratic activists
and human rights offenders to hold Internet companies
accountable by creating a new transparency standard for
Internet companies. And while we certainly want to hold U.S.
companies accountable, this provision will also require foreign
Internet service companies that are listed here in the United
States, including big name Chinese companies such as Baidu,
Sohu, and Sina to report this information, as well.
And, finally, in response to the numerous reports we've all
seen in the papers recently on U.S. technology being used to
track down or conduct surveillance of activists through the
Internet or mobile devices, this bill will prohibit the export
of hardware or software that could be used for surveillance,
tracking, and blocking, and the like, to the governments of
Internet restricting countries.
Current export control laws do not take into account the
human rights impact of these exports and, therefore, do not
create any incentive for U.S. companies to evaluate their role
in assisting repressive regimes.
This section will not only help stop the sale of these
items to repressive governments, but will create an important
foreign policy stance for the United States that will help
insure that dissidents abroad know that we are on their side
and that U.S. businesses are not profiting from this
repression.
The export control law is long overdue. Right now the State
Department spends millions of dollars to develop and deploy
circumvention tools and other technologies to help dissidents
get information and to communicate safely. Truly, it is absurd
for us to allow U.S. companies to export blocking and
surveillance technologies to these countries only to have the
State Department then spend money to help dissidents get around
those same technologies.
What we do here in the United States is critically
important to achieving our goals, and I believe that this
legislation will send a strong message to companies that they
have a unique role to play in preserving online freedom, and
that we send an even stronger message to repressive governments
that the Internet should not become a tool of repression. I
yield to the ranking member, Ms. Bass.
Ms. Bass. Thank you, Mr. Chairman.
Free speech has long been a hallmark of a healthy democracy
and a free society. For over 2 billion people worldwide, the
Internet and new communication technologies have become
unprecedented tools for expanding their ability to speak and
receive information, participate in political and democratic
processes, and share knowledge and ideas.
For over a year now we have witnessed what has been dubbed
the Arab Spring. In countries throughout the Arab world via the
Internet and social networking, citizens have communicated,
organized, and raised awareness of their plights under
repressive regimes. Sites such as Facebook and Twitter have
played a major role in these uprisings.
Whatever you may think about the outcome of those
movements, one thing is clear; the long suspected power of the
Internet to bring about political change has been confirmed,
and that is very positive. The prevalence of these uprisings
has caused governments to enact stricter policies against
political dissent and further restrict access to information
and online networking tools.
As Representative Payne repeated in our hearing on this
topic last December, former President Clinton once said that,
``Trying to control the Internet would be like trying to nail
Jello to the wall.'' Unfortunately, there are regimes around
the world that are attempting to do just that, and some with
relative success.
Yet determined to share their stories, protestors and
bloggers living in these countries are still finding ways to
access the Internet because of the technologies made available
by companies like Google, Yahoo!, Facebook, Twitter, and
others. For example, in Syria where there is extremely limited
freedom of the press and unconscionable repression, activists
are using an iPhone application to disseminate news and online
information about their protest against Assad.
The bill also requires U.S. listed Internet communication
providers to report on their human rights due diligence with
regard to foreign policies on Internet privacy and repression.
While I support the overall goal of the bill, I hope that
we can continue to refine the language at the full committee
such it does not adversely impact U.S. companies that are
providing a tremendous service to many people across the globe
who have no other way to see beyond their borders, shed light
on their plights, and mobilize their communities for change.
But as the chairman pointed out, as a perfect example of a U.S.
company that would export technology that would block access
and then we provide funding so that they can go around it is
exactly the type of abuse that we want to get at.
So, that said, I commend you, Chairman Smith, for your
leadership on this issue.
Mr. Smith. Vice Chairman Fortenberry.
Mr. Fortenberry. Thank you, Mr. Chairman.
American leadership and innovation was responsible for the
remarkable technological breakthrough known as the Internet
which spurred the advent of globalization and this
unprecedented industrial revolution of our new century. It has
become a way of life since then.
Globalization, of course, carries marvelous potential for
progress to benefit mankind, but it also involves unprecedented
risk and challenges, including the challenge of applying
fundamental principles to the use of new, and vibrant, and
transformative technologies.
U.S. companies operating around the world are routinely
required to abide by local laws of the countries in which they
operate just as foreign countries are required to abide by U.S.
law.
Mr. Chairman, I recall the hearing which you held on this
topic in the 109th Congress, and at that time the fundamental
question we addressed there still applies today; whether U.S.
companies have an obligation to comport themselves in a manner
consistent with the United States Constitution and the Bill of
Rights when local laws overseas conflict with the basic
foundational principles upon which our laws are based.
The Global Online Freedom Act seeks to integrate these
foundational human rights principles into the complexities of
our participation in the vast global technology marketplace.
So, I urge my colleagues and thank you, as well, Mr. Chairman,
to continue to support this thoughtfully developed measure.
And, again, thank you for your tireless efforts in this regard.
Mr. Smith. Mr. Fortenberry, thank you very much for your
comments and for your leadership, as well.
I'd just like to point out that the Global Online Freedom
Act has had a broad, broad amount of support. This morning we
received--we just received a letter of support from Yahoo!,
Freedom House, Amnesty International, and I know T. Kumar is
here, and thank you for your support, as well as helping us to
put it together, Human Rights Watch, Access, and a group letter
signed by 13 leading human rights organizations all in support
of the Global Online Freedom Act. Without objection, those
letters will be made a part of the record.
We now move for debate purposes to the third bill, H.R.
4141, as amended, the newly named Donald M. Payne, and thank
you, Ms. Bass, for naming it so out of deep respect for our
deceased colleague, the Donald M. Payne International Food
Assistance Improvement Act of 2012.
This bill was originally introduced--and still it's his
bill--by Mr. Payne before he passed away on March 6th. The bill
is based on important recommendations that had been made by the
Government Accountability Office in a report that they issued
in May 2011 on ``Better Nutrition and Quality Control Can
Further Improve U.S. Food Aid,'' as well as other studies on
the same subject funded by the U.S. Agency for International
Development.
As the GAO pointed out in its report, the U.S. spent
approximately $1.5 billion on emergency food aid in Fiscal Year
2010 assisting nearly 46.5 million women, men, and children. In
fact, the U.S. is the world's largest donor of international
food assistance providing more than half of global food aid
supplies. It's imperative that this assistance not only satisfy
people's hunger, but that it meets their fundamental
nutritional needs, as well.
The statistics of the prevalence and impact of under-
nutrition are absolutely staggering. It is reported that 3.5
million children around the world die each year as a direct
result of under-nutrition. Others who suffer from malnutrition
are often debilitated for the rest of their lives. Children who
do not receive adequate nutrition during the first 1,000 days
of life, beginning with conception through their second
birthday, suffer from stunted physical and cognitive
development. They have increased risks of illness, not only in
early life but also later as adults from such conditions as
diabetes, cardiovascular diseases, and cancers.
Mothers who are under-nourished are more often likely to
have low birth weight babies leading to a multi-generational
cycle of under-nutrition, and even disability.
Mr. Payne's H.R. 4141, which the subcommittee has just
adopted, directs the Administrator of USAID to use currently
available funds to improve the nutritional quality of U.S. food
assistance, particularly for vulnerable groups such as pregnant
and lactating mothers, children under the age of 5, and
beneficiaries of the U.S. HIV/AIDS programming or PEPFAR.
Possible measures that may be taken include the adoption of
new specifications for micronutrient fortified food aid
products, strengthening assessment of the quality of food
donations, and improving guidance to implementing partners on
how to address nutrient deficiencies in certain age recipients.
H.R. 4141, as amended, will also include nutrition science
experts in the Food Aid Consultative Group created by the Food
for Peace Act. The bill calls on the administrator to work
within this group to improve quality control and cost
effectiveness of food assistance programs through increased
coordination and oversight.
Finally, the USAID Administrator would need to ensure that
food assistance programs carried out under the Food for Peace
Act contribute to any U.S. global food security strategy.
Again, I want to thank Ms. Bass for offering the amendment
to add Mr. Payne's name to this bill, which is truly a
remarkable way to honor this wonderful man. Ms. Bass?
Ms. Bass. Thank you, Mr. Chairman, and thank you for
accepting the amendment and including this, because we really
wanted to honor Representative Payne, and we thought this was a
great way to do it, to change the name of the bill.
Malnutrition, as you mentioned, is the number one risk to
health globally accounting for the deaths of 3.5 million
children under 5 years old, and impairing hundreds of thousands
of growing minds. This has profound consequences not only for
the child's future, but also for the long-term health and
development of families, communities, and societies.
The human and economic costs of malnutrition are enormous.
Women, children, and the poor are, of course, the most hit. For
over 55 years, the United States has been a world leader in
international food aid delivering lifesaving calories to the
most vulnerable of populations, often in conflict zones.
However, while our efforts are great, the ongoing food crisis
in the Horn of Africa is just one example of how the challenge
is growing.
As revealed in recent reports, by the Government
Accountability Office and Tufts University, there are a number
of ways in which our food aid initiatives can and must be
improved including increased nutritional quality, greater
oversight and quality controls, and an enhanced value chain.
This bill incorporates these recommendations and ensures that
our food aid programs are smart, effective, and efficient.
The bill directs USAID to work with USDA and the Food Aid
Consultative Group to adopt new specifications for food aid
products, work to strengthen systems to better assess the types
and quality of agricultural commodities and products, adjust
products to cost-effectively meet nutritional needs, develop
new program guidance to better target recipients, and provide
improved guidance to implementing partners on how to adequately
address nutritional deficiencies. It also would ensure that the
food aid programs are integrated into our global food security
strategy.
H.R. 4141 is a wonderful example of Congressman Payne's
lifelong commitment to addressing the needs of the under-
served, fostering innovation in humanitarian assistance, and
advancing America's leadership across the globe. Thank you.
Mr. Smith. Ms. Bass, thank you very much, and I look
forward to working with you as the new Ranking Member.
Ms. Bass. Absolutely.
Mr. Smith. And I would like to thank for the record all the
members for their constructive help in crafting these bills as
we take them to the full committee, and then on to the floor,
and down to the President's desk.
Without objection the markup is adjourned.
[Whereupon, at 3:14:06 p.m., the subcommittee was
adjourned.]
A P P E N D I X
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