[House Hearing, 113 Congress]
[From the U.S. Government Publishing Office]
UNITED STATES INTERNATIONAL COMMUNICATIONS REFORM ACT OF 2014; TO AMEND
THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998 TO INCLUDE THE
DESECRATION OF CEMETERIES AMONG THE MANY FORMS OF VIOLATIONS OF THE
RIGHT TO RELIGIOUS FREEDOM; CALLING FOR AN END TO ATTACKS ON SYRIAN
CIVILIANS AND EXPANDED HUMANITARIAN ACCESS; AND IMMEDIATE ESTABLISHMENT
OF SYRIAN WAR CRIMES TRIBUNAL RESOLUTION
=======================================================================
MARKUP
BEFORE THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRTEENTH CONGRESS
SECOND SESSION
ON
H.R. 4490, H.R. 4028, H. Res. 520
and H. Con. Res. 51
__________
APRIL 30, 2014
__________
Serial No. 113-162
__________
Printed for the use of the Committee on Foreign Affairs
Available via the World Wide Web: http://www.foreignaffairs.house.gov/
or
http://www.gpo.gov/fdsys/
______
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______
COMMITTEE ON FOREIGN AFFAIRS
EDWARD R. ROYCE, California, Chairman
CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York
ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American
DANA ROHRABACHER, California Samoa
STEVE CHABOT, Ohio BRAD SHERMAN, California
JOE WILSON, South Carolina GREGORY W. MEEKS, New York
MICHAEL T. McCAUL, Texas ALBIO SIRES, New Jersey
TED POE, Texas GERALD E. CONNOLLY, Virginia
MATT SALMON, Arizona THEODORE E. DEUTCH, Florida
TOM MARINO, Pennsylvania BRIAN HIGGINS, New York
JEFF DUNCAN, South Carolina KAREN BASS, California
ADAM KINZINGER, Illinois WILLIAM KEATING, Massachusetts
MO BROOKS, Alabama DAVID CICILLINE, Rhode Island
TOM COTTON, Arkansas ALAN GRAYSON, Florida
PAUL COOK, California JUAN VARGAS, California
GEORGE HOLDING, North Carolina BRADLEY S. SCHNEIDER, Illinois
RANDY K. WEBER SR., Texas JOSEPH P. KENNEDY III,
SCOTT PERRY, Pennsylvania Massachusetts
STEVE STOCKMAN, Texas AMI BERA, California
RON DeSANTIS, Florida ALAN S. LOWENTHAL, California
TREY RADEL, Florida--resigned 1/27/ GRACE MENG, New York
14 deg. LOIS FRANKEL, Florida
DOUG COLLINS, Georgia TULSI GABBARD, Hawaii
MARK MEADOWS, North Carolina JOAQUIN CASTRO, Texas
TED S. YOHO, Florida
LUKE MESSER, Indiana
Amy Porter, Chief of Staff Thomas Sheehy, Staff Director
Jason Steinbaum, Democratic Staff Director
C O N T E N T S
----------
Page
MARKUP OF
H.R. 4490, United States International Communications Reform Act
of 2014........................................................ 2
Amendments to H.R. 4490 offered by:
The Honorable Edward R. Royce, a Representative in Congress
from the State of California, and chairman, Committee on
Foreign Affairs.......................................... 69
The Honorable William Keating, a Representative in Congress
from the Commonwealth of Massachusetts................... 74
The Honorable Alan S. Lowenthal, a Representative in
Congress from the State of California.................... 75
The Honorable Dana Rohrabacher, a Representative in
Congress from the State of California.................... 76
The Honorable Brad Sherman, a Representative in Congress
from the State of California............................. 76
H.R. 4028, To amend the International Religious Freedom Act of
1998 to include the desecration of cemeteries among the many
forms of violations of the right to religious freedom.......... 80
Amendment to H.R. 4028 offered by the Honorable Doug Collins, a
Representative in Congress from the State of Georgia......... 81
H. Res. 520, Calling for an end to attacks on Syrian civilians
and expanded humanitarian access............................... 83
Amendment in the nature of a substitute to H. Res. 520 offered
by the Honorable Edward R. Royce............................. 91
H. Con. Res. 51, Immediate Establishment of Syrian War Crimes
Tribunal Resolution............................................ 100
Amendment in the nature of a substitute to H. Con. Res. 51
offered by the Honorable Christopher H. Smith, a
Representative in Congress from the State of New Jersey...... 104
APPENDIX
Markup notice.................................................... 118
Markup minutes................................................... 119
Markup summary................................................... 121
The Honorable Eliot L. Engel, a Representative in Congress from
the State of New York: Prepared statement...................... 122
The Honorable Brad Sherman: Prepared statement................... 123
The Honorable Gerald E. Connolly, a Representative in Congress
from the Commonwealth of Virginia: Prepared statement.......... 124
UNITED STATES INTERNATIONAL COMMUNICATIONS REFORM ACT OF 2014; TO AMEND
THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998 TO INCLUDE THE
DESECRATION OF CEMETERIES AMONG THE MANY FORMS OF VIOLATIONS OF THE
RIGHT TO RELIGIOUS FREEDOM; CALLING FOR AN END TO ATTACKS ON SYRIAN
CIVILIANS AND EXPANDED HUMANITARIAN ACCESS; AND IMMEDIATE ESTABLISHMENT
OF SYRIAN WAR CRIMES TRIBUNAL RESOLUTION
----------
WEDNESDAY, APRIL 30, 2014
House of Representatives,
Committee on Foreign Affairs,
Washington, DC.
The committee met, pursuant to notice, at 10:07 a.m., in
room 2712, Rayburn House Office Building, Hon. Ed Royce
(chairman of the committee) presiding.
Chairman Royce. The committee will come to order.
Pursuant to notice, we meet today to mark up four strongly
bipartisan measures by the committee here. And because there
are four other full committee markups going on at this same
time and because these measures enjoy such broad support here
on the committee, the ranking member and I intend to proceed
according to the expedited procedure e-mailed to your offices
yesterday.
So, without objection, all members may have 5 days to
submit statements for the record and any extraneous materials
on today's items.
And I now call up H.R. 4490.
The clerk will report the bill.
Ms. Marter. H.R. 4490, a bill to enhance the missions,
objectives, and effectiveness of United States international
communications, and for other purposes. Be it enacted----
Chairman Royce. So, without objection, the bill is
considered read.
[H.R. 4490 follows:]
Chairman Royce. And I now recognize members for opening
remarks on this bill, beginning with myself and beginning with
the ranking member.
And so let me begin by thanking Eliot Engel for his work in
moving this bipartisan bill forward. The two of us and others
on the committee have just returned from Ukraine, and that
visit, I think for all of us, underscored the need to reform
U.S. international broadcasting. Traveling to eastern Ukraine,
our delegation witnessed the Russian propaganda machine, which
is now in overdrive, and the attempts by Russia to undermine
regional stability. The Russian closure of local Ukrainian
radio and television stations, the jamming of uncensored
sources of information into the country--all of this demands an
effective response. This committee recently worked on
legislation, signed into law, to ramp up programming into
Ukraine.
But unfortunately, U.S. broadcasters--the Voice of America,
Radio Free Europe, Radio Free Asia, and others--are competing
with a hand tied behind their back. And that is because the
bureaucratic structure over the top of these radios, the
Broadcasting Board of Governors, the BBG as it is known, that
structure is broken.
So while our enemies are working right now 24/7 on their
public information campaigns, the organization at the helm of
ours meets once a month--once a month--and often doesn't have a
quorum. And that is a recipe for failure. And if we think about
some of the witnesses we have heard on this subject, then-
Secretary Clinton told this committee last year that the BBG,
in her words, is ``practically defunct.'' Reports from the
Inspector General and the GAO have agreed, as does nearly
everyone with experience in this field, Republicans or
Democrats.
This legislation makes dramatic changes to the current
organization by clarifying the missions of our U.S.
international broadcasters, consolidating six organizations
into two.
One organization, the United States International
Communications Agency, will remain a Federal entity and will
consist of the Voice of America and the associated technical
services our broadcasters depend on. And we make clear that the
mission of the Voice of America is to ``present the policies of
the United States clearly and effectively,'' exactly as was
intended.
Radio Free Europe, Radio Free Asia, and the Middle East
Broadcasting Network, the so-called surrogates, have, of
course, a very different mission: To provide uncensored local
news and information to people in closed societies and to be
``a megaphone for internal advocates of freedom.'' So whether
it is in Iran or North Korea or elsewhere, that is the
intention of these surrogate broadcasts. And these freedom
broadcasters, as they are known, will keep their names but
consolidate into a private, nonprofit corporation that will
become the Freedom News Network.
Both the U.S. International Communications Agency and
Freedom News Network will now have empowered CEOs at the helm
and purely advisory boards. Ripping away the bureaucracy will
reduce administrative overlap and allow both organizations to
thrive. This legislation also mandates important reforms to the
contracting practices of the BBG and increases public-private
partnerships.
Unlike decades past, today's media landscape is highly
competitive. Other countries are sprinting forward; we are
still standing still. If we are going to adapt, we need a more
effective and efficient use of our finite resources, which this
legislation lays out through its mission clarification and
management reform.
And, again, I want to thank Ranking Member Engel, who I now
turn to for his remarks.
Mr. Engel. Mr. Chairman, thank you for holding this markup
of bipartisan legislation, as you mentioned, that will enhance
the ability of the United States to facilitate the free flow of
information and share our values with people around the world.
Let me say firstly, Mr. Chairman, it was a pleasure to
travel with you on our recent trip to Ukraine. We saw firsthand
that the competition of ideas and the battle for hearts and
minds are alive and well.
Over the past few months, Moscow has used its state-
controlled media to broadcast totally baseless propaganda that
has been used as a pretext for Russia's invasion of Crimea and
its destabilizing activities in eastern Ukraine.
But Ukraine is far from the only place where objective news
is in demand. In Iran, the regime closely controls the free
flow of information and has actively jammed U.S. satellite
transmissions. And in North Korea, the regime locks radios on
certain frequencies to prevent people from listening to the
Voice of America and Radio Free Asia.
Unfortunately, our efforts to disseminate objective news to
societies that lack a free media are not as effective as they
should be. Last year, a report by the State Department
Inspector General found that the Broadcasting Board of
Governors, the agency that currently oversees all U.S.
international broadcasting, was ``failing in its mandated
duties'' due to a flawed structure and strong internal
dissension.
The bill that Chairman Royce and I introduced with support
from many of our colleagues on both sides of the aisle will
help fix this structure by improving management, enhancing
coordination among the different broadcasting entities, and
empowering journalists and editors to produce high-quality
programming that keeps pace with the rapidly changing
international media landscape.
Specifically, the legislation creates a chief executive
officer to manage the day-to-day operations of the new U.S.
International Communications Agency, an umbrella organization
for Voice of America and Office of Cuba Broadcasting. And it
also creates a CEO to run the Freedom News Network, a new
organization comprised of the three existing private grantees,
which are Radio Free Europe/Radio Liberty, Radio Free Asia, and
the Middle East Broadcasting Networks.
The bill also defines the missions of VOA and the Freedom
News Network to reduce the duplication of programming and
requires robust coordination between the Federal and private
entities, including the sharing of content and strategic plans
to maximize efficiency. Under the new organizational structure,
Voice of America (VOA), the flagship of U.S. broadcasting for
more than 50 years, will remain the primary source of
information about the United States and our culture, while the
three grantees that form the Freedom News Network will continue
to provide news to audiences about developments in their own
countries.
Only by working closely together will these broadcasters be
effective in providing comprehensive news and information to
those who need it most. When I was recently with Chairman Royce
in the eastern part of Ukraine, we met a lot of people who said
that they really would welcome more information from the United
States, that they really don't get the balanced type of
information. And we know Radio Free Europe and others are the
ones that helped the Soviet Union collapse. And so this is a
really smart thing for us to do.
Lastly, and perhaps most importantly, this bill maintains
the requirement that U.S.-funded programming serve as an
objective source of news and information and not simply as a
mouthpiece for U.S. foreign policy. It is absolutely critical
that the news be accurate and seen as credible by the foreign
audiences we are trying to reach.
So, Mr. Chairman, I would like to thank you again for
holding this important markup and really for your leadership
over the course of many years on international broadcasting
issues. This is one ball that you have run with for many years,
even before you were chairman of this committee, and it is very
much noticed and very much appreciated. And I also would like
to thank you for working with us on this legislation in a
bipartisan manner.
I have some votes in my other committee, so I may be in and
out. But this legislation is so important and should be passed
with no dissension because I think this is the type of
legislation that this committee can be proud of, again, on a
bipartisan basis.
Thank you, Mr. Chairman.
Chairman Royce. Thank you, Mr. Engel.
I will ask now if any other members seek recognition on the
underlying bill.
Hearing none, we will now move to the en bloc amendment
package that was sent to members' offices yesterday.
Without objection, the following amendments to H.R. 4490,
which all members have before them, are considered read and
will be considered en bloc: The Royce Manager's Amendment No.
102; the Keating Amendment circulated yesterday regarding women
and minorities; Lowenthal Amendment No. 27, recognizing
shortwave broadcasting; Rohrabacher Amendment No. 39, regarding
U.S. national security objectives; and Sherman Amendment No.
85, regarding ethnic, cultural, or religious groups within
countries of national security interest to the United States.
[The information referred to follows:]
----------
Chairman Royce. And before recognizing other members to
speak, I again want to thank the ranking member for working
with me on the manager's amendment, which includes a number of
post-introduction corrections, technical changes, and other
housekeeping matters. And, among other things, it makes it
clear that the United States International Communications
Agency is a Federal organization and requires a plan to
consolidate the Voice of America and the International
Broadcasting Bureau into that new entity.
It also reiterates the mandate that the broadcasters share
their content with each other and requires the development of a
joint plan to determine how language services will be affected
by the clarified organizational missions.
Do any members seek recognition to speak on any of the en
bloc items?
Mr. Lowenthal?
Mr. Lowenthal. Thank you, Mr. Chair. And I want to thank
you and the ranking member for bringing this important bill
forward and also for leading our congressional delegation to
Ukraine. It was an amazing, an amazing trip, where we learned a
great, great deal.
That trip to Ukraine only further affirmed to me the
importance of international broadcasting programs and what a
great impact they can have in regions that are desperately
crying out for independent news sources.
My amendment simply adds the following text to the findings
of this bill: ``Shortwave broadcasting has been an important
method of communication that should be utilized in regions as a
component of the United States international broadcasting where
a critical need for the platform exists.''
One of these absolutely critical regions is southeastern
Asia and specifically Vietnam, which is a one-party, Communist
state that has no freedom of the press. Its people rely upon
the trusted news provided by Radio Free Asia, delivered by
shortwave broadcasting, a media that reaches millions of people
who would otherwise be uninformed of events in their country.
International broadcasting and shortwave in particular are
key components in promoting democratic societies and for
keeping pressure on totalitarian regimes to respect the
fundamental human rights of their own people. This amendment
reiterates our support for shortwave broadcasting and allows
the United States to continue a diversified portfolio of
broadcasting to underserved peoples across the globe.
Thank you, Mr. Chair, and I yield back.
Chairman Royce. Thank you, Mr. Lowenthal.
Mr. Keating. Mr. Chairman?
Chairman Royce. Mr. Keating?
Mr. Keating. Thank you, Mr. Chairman. I would like to
strike the last word.
Mr. Chairman, I would like to thank you and Ranking Member
Engel for your leadership on this important reform initiative
that I have proudly cosponsored with you.
Public diplomacy efforts are critical to our Nation's
security, prosperity, and image abroad. Oftentimes, a program
on Alhurra TV or a tweet from Radio Free Europe may be the only
direct communication an individual overseas may receive from
our country. In fact, yesterday alone, the Prime Minister from
Latvia was here speaking to some of our Members, and she
mentioned no less than three times about the increase in
Russian propaganda on Russian-speaking people in her
population.
In a world where so such information exists particularly
about U.S. interests in society, it is important that we do not
only put our best face forward as a country but demonstrate our
commitment to the truth and freedom of expression in media, as
well.
I am pleased that my amendment to prioritize the delivery
of information and programming to isolated women and minority
populations overseas is included in the en bloc package.
Recently, Mr. Chairman, you and I held a hearing on the
nexus between promoting education for women and girls and
countering violent extremism. This amendment is a byproduct of
that hearing and will help close the gap by encouraging more
outreach and public-private partnerships to reach women in
isolated communities and in some cases assist in increasing
their access to education and uncensored information sources.
In this way, we will not only be relaying a vision of
democracy to other Nations, but we will actually be helping to
build such societies by strengthening the civil society
engagement and outreach itself.
Mr. Chairman, I am pleased that the committee has agreed to
include the access to education as a primary component to the
democratic ideals the Freedom News Network aims to support in
its report. And I hope that all of us as colleagues will join
together in supporting this commonsense provision in the en
bloc amendment.
And I yield back my time.
Chairman Royce. Thank you, Mr. Keating.
Any other members seeking recognition?
Hearing none, the question occurs on the en bloc amendment.
All those in favor, say aye.
All those opposed, no.
In the opinion of the Chair, the ayes have it, and the en
bloc amendments are agreed to.
Are there any additional amendments to H.R. 4490?
Hearing no further amendments, the question now occurs on
agreeing to H.R. 4490 as amended.
All those in favor, say aye.
All opposed, no.
In the opinion of the Chair, the ayes have it. The bill as
amended is agreed to.
And, without objection, H.R. 4490 as amended is ordered
favorably reported as a single amendment in the nature of a
substitute. Staff is directed to make any technical and
conforming changes.
And we now move to the remaining three measures, which we
will consider en bloc together with the bipartisan amendments
provided to your offices yesterday.
Without objection, the following items, which all members
have before them, are considered read and will be considered en
bloc: H.R. 4028, To amend the International Religious Freedom
Act of 1998 to include the desecration of cemeteries . . .;
Collins Amendment No. 44 to H.R. 4028; House Resolution 520,
Calling for an end to attacks on Syrian civilians and expanded
humanitarian access; Royce Amendment 101 in the nature of a
substitute to House Resolution 520; House Concurrent Resolution
51, calling for the establishment of a Syrian war crimes
tribunal; and the Smith Amendment No. 51 in the nature of a
substitute to House Concurrent Resolution 51.
[The information referred to follows:]
Chairman Royce. I will now recognize members who want to
speak on the en bloc items. And I will begin with myself,
because today we are considering two resolutions regarding the
crisis in Syria.
The first is House Resolution 520, which Ranking Member
Engel and I introduced last month in response to the dire
humanitarian situation there. Mr. Engel has led on this
critical issue for years now, which I greatly appreciate.
It has been over 3 years since Syrian protesters peacefully
gathered to call for democratic reforms. Many of you remember
the protest with the demonstrators asking, ``Peaceful,
peaceful,'' as they walked through the street before they were
fired upon by forces loyal to Syria's brutal dictator, Bashar
al-Assad. Since then, the conflict has claimed the lives of at
least 150,000 people. It has displaced millions, while fueling
the expansion of terrorist groups throughout the region.
This crisis is a humanitarian nightmare. Backed by Russia,
Iran, and Hezbollah, Assad continues to commit mass atrocities,
including the extermination of entire families, incidents of
ethnic cleansing, aerial bombardment of residential areas with
barrel bombs, and even the use of chemical weapons, such as
last summer's sarin attack on a Damascus suburb.
The U.N. has estimated that over 9 million Syrians trapped
inside the country are in need right now of humanitarian
assistance. Yet Assad continues to use international aid as a
weapon of war. He has instigated kneel-or-starve campaigns in
which civilians are denied food and other basic supplies until
they bow to the regime.
This resolution demands that all parties to the conflict in
Syria immediately cease attacks on civilians and provide aid
workers with access throughout the country. This would include
the many Syrian-Americans, including medical professionals, who
are so bravely trying to provide assistance to those in need
inside Syria.
It also urges the administration to formally withdraw its
official diplomatic recognition of the Assad regime. Shortly
after this resolution's introduction, the administration
expelled Syrian diplomats from the United States. Given Assad's
barbaric slaughter of his own people and other grave abuses,
ending our official recognition of his regime is more than
justified.
And, lastly, this resolution calls upon the President to
develop and submit to Congress a strategy for U.S. engagement
on the Syria crisis.
Now the other House Concurrent Resolution 51, that I was
going to comment on was introduced by Subcommittee Chairman
Smith. We appreciate what strong leadership Mr. Smith has shown
on so many humanitarian issues, and the crisis in Syria is no
exception.
I have already touched on the growing list of horrendous
atrocities being committed inside Syria. Assad and his
supporting forces, which include Hezbollah, are guilty of
widespread human rights violations, summary executions, ethnic
cleansing, chemical attacks. And, meanwhile, extremist groups,
especially associated with al-Qaeda, have also been guilty of
grave abuses as they strive to violently impose their own
radical ideology on Syrian civilians.
House Concurrent Resolution 51 calls for the creation of an
international tribunal to hold accountable those responsible
for these heinous crimes. The resolution envisions a flexible,
ad hoc court, like those established following brutal conflicts
in Yugoslavia, Rwanda, and Sierra Leone.
To be clear, this court would be entirely distinct from the
International Criminal Court and would focus solely on the
Syria crisis. Congressional approval of this resolution will
send a strong signal of support to the Syrian people, and I
urge members to support its passage here today.
And I now turn to H.R. 4028, introduced by Ms. Meng of New
York.
The freedom to practice the religion of one's choosing is a
core principle of good democratic governance. This freedom
includes the ability to gather and pay respects to loved ones
in accordance with religious or spiritual rights of passage.
Unfortunately, in some places around the world, local or
national governments have permitted the destruction of
cemeteries with certain religious affiliations or have
tolerated their desecration by hateful groups.
H.R. 4028 modifies the International Religious Freedom Act
to include the desecration of cemeteries among the listed
violations of the right to religious freedom. This bill
emphasizes that Congress views the desecration of cemeteries as
constituting a violation of this fundamental right.
And I want to thank the bill's author, Ms. Meng, for her
leadership on this important issue.
And I also want to thank Mr. Collins for his amendment
today, which puts the preservation of burial grounds in its
proper context. As members know, Mr. Collins has served as a
pastor, and we very much appreciate his insight.
So do any members seek recognition to speak on any of the
en bloc items?
We will start with Ms. Meng.
Ms. Meng. I would like to thank Chairman Royce and Ranking
Member Engel for including H.R. 4028 in the en bloc package of
bills before the committee today for consideration.
I also want to thank Congressman Doug Collins for his
partnership here and valuable contributions to the bill.
Thank you to both Republican and Democratic committee staff
for recognizing the value of this bill and working so hard to
bring it before the committee today.
The bill is short but, I believe, significant. It adds the
words ``desecration of cemeteries'' to the violations of the
rights to religious freedom listed in the International
Religious Freedom Act of 1998.
There are two related problems we seek to address through
this legislation. One is the religiously motivated vandalism of
cemeteries that occurs with alarming regularity. The second is
the building and development over cemeteries in places where
there are no communities remaining to protect and look out for
the cemeteries. The bill will give our diplomats a new tool
they can use to protect our interests.
H.R. 4028 also empowers the Commission for the Preservation
of America's Heritage Abroad. This commission was established
in the 1980s through legislation introduced by the late
Congressman Stephen Solarz. The Commission works to identify
and preserve cemeteries, memorials, and buildings in foreign
countries that are associated with the cultural heritage of
Americans.
The Commission has done much work in areas of the former
Soviet Union where Jewish communities were destroyed by the
Holocaust and where power subsequently passed to atheistic
communist regimes. It is essential that we act to protect
religious freedom in these areas where, as we know, political
instability and anti-Semitism are widespread.
It is fitting that we consider this bill during Holocaust
Remembrance Week because the bill is largely devoted to the
millions who perished in genocides in the 20th century. These
genocides destroyed communities and left their burial grounds
uncared for and unpreserved.
The preservation of cemeteries often reflects the religious
tolerance and freedom of the countries in which they are
located. It is my hope that this legislation will help promote
such preservation and greater tolerance, respect, and empathy
around the world.
I thank the committee again for its consideration and yield
back the balance of my time.
Chairman Royce. Ms. Meng, we thank you again for this
amendment. Thank you.
Let's see. I think we need to go to Mr. Smith next and then
to this side.
Mr. Smith. Thank you very much, Mr. Chairman. And thank you
for scheduling this important markup and for including H. Con.
Res. 51 among the bills and resolutions considered.
I, as no doubt all of you, have been shocked by images of
horrific human rights violations, including summary executions,
torture, rape, and chemical weapon attacks in Syria. Since the
Syrian Civil War began, perhaps as many as 150,000 people have
been killed and more than 9 million people have been forced to
leave their homes, 6.5 million of them internally displaced. By
the end of last year, it is estimated that neighboring
countries such as Turkey, Jordan, Lebanon, and Iraq were
holding nearly 3 million Syrian refugees.
Who is culpable for these heinous acts, and how can they be
held accountable, be they members of the Assad regime or
Islamist radicals from neighboring countries? Those who have
perpetrated human rights violations among the Syrian
Government, the rebels and the foreign fighters on both sides
of this conflict, must be shown that their actions will have
serious, predictable, and certain consequences. They need to
learn the lesson that Charles Taylor learned, who got a 50-year
sentence when he was brought to trial and convicted by the
Special Court for Sierra Leone.
H. Con. Res. 51, introduced on September 9th, calls for the
creation of an international tribunal that would be more
flexible and more efficient than the International Criminal
Court to ensure accountability for human rights violations
committed by all sides. Such a tribunal would draw upon past
experience, creating a justice mechanism robust enough to hold
perpetrators accountable for the most egregious wrongs yet
nimble enough not to derail chances for peace due to rigidity.
Beginning with the Nuremberg and Tokyo tribunals, a body of
law has developed concerning war crimes, crimes against
humanity, and genocide. Since the end of the Cold War, we have
seen examples of ad hoc tribunals in the former Yugoslavia,
Rwanda, and hybrid mechanisms such as the Special Court for
Sierra Leone.
As chair of the subcommittee that deals with human rights,
especially during the 1990s, as well as Helsinki Commission
chairman, I held a series of hearings on the Yugoslav tribunal,
the courts that were in Sierra Leone and Rwanda, the two in
Africa, and often had the chief prosecutors testify at those,
including Carla Del Ponte from the Yugoslav court and the chief
prosecutor from Sierra Leone, David Crane. Well, we brought
David Crane back last October 30th to ask him what his view
would be on such a court, and he gave riveting testimony, as
did other experts, as to the absolute need for the immediate
establishment of this kind of flexible court.
I would note parenthetically that each of these tribunals,
the three of them, have achieved a level of success that has
escaped the International Criminal Court. The Yugoslavian
tribunal has won 67 convictions; the Rwanda tribunal, 47; and
Sierra Leone has won 16 convictions. Meanwhile, the ICC,
costing about $140 million annually, has thus far seen only one
conviction--all of the indictments have been in Africa, and
only one conviction of somebody, a lower-level person from the
DR Congo.
One thing we do not want to do is go down the ICC route.
The ICC process is distant and has no local ownership of its
justice process. It is far less flexible than an ad hoc
tribunal that can be designed to fit the situation. The ICC
requires a referral. In the case of the current President and
Deputy President of Kenya, it was Kenya itself that facilitated
the referral. That is highly unlikely in the case of Syria.
Since Syria is a Russian client state, this U.N. Security
Council member would oppose any referral of the Syria matter to
the ICC but might be convinced to support an ad hoc proceeding
that focuses on war crimes by the government as well as the
rebels, one that allows for plea-bargaining for witnesses and
other legal negotiations to enable such a court to successfully
punish at least some of the direct perpetrators of these
increasingly horrific crimes.
And Syria, like the United States, never ratified the Rome
Statute that created the ICC, which raises legitimate concerns
about sovereignty, with implications for our country, which
this panel also addresses.
There are issues that must be addressed for any Syrian war
crimes tribunal to be created and to operate successfully.
There must be sustained international will for it to happen in
a meaningful way. An agreed-upon system of law must be the
basis for the proceedings. An agreed-upon structure, funding
mechanism, and location for the proceedings must be found.
There must be a determination on how many targets of justice
will be pursued. A timetable and time span of such a tribunal
must be devised. There are even more issues that must be
settled before such an ad hoc tribunal can exist.
Those who are even now perpetrating crimes against humanity
must be shown that their crimes will not continue with
impunity. Syria has been called the world's worst humanitarian
crisis. One might reasonably also consider it the worst human
rights crisis in the world, as well. Therefore, the
international community owes it to the people of Syria and
their neighbors to do all that we can do right now to bring to
a halt the actions of those creating this crisis for Syria and
the region. Now we have the opportunity to give hope to the
terrorized people of Syria.
The subcommittee that I chair had a hearing last October
30th where we heard from some of the most experienced voices
concerning international justice mechanisms, as we have met
several times with the State Department and have worked
diligently with the committee, especially Ranking Member Eliot
Engel and Chairman Ed Royce, in shaping a lean, muscular
resolution that could be adapted to address this situation in
Syria as it currently exists, providing broad latitude for the
administration to conduct foreign policy.
The suffering of the people of Syria must end, and today we
have our opportunity to help achieve that. This is a means to
that end. And, again, those who are committing these horrific
crimes need to know that they face certain punishment.
I yield back, and I thank you very much.
Chairman Royce. Thank you, Mr. Smith.
Mr. Gerry Connolly of Virginia.
Mr. Connolly. Mr. Chairman, because of scheduling, if you
don't mind, I would yield to my friend, Mr. Deutch.
Mr. Deutch. Thank you, Mr. Connolly. Thank you, Mr.
Chairman.
Thank you, Chairman Royce, for holding today's markup and
for your leadership in addressing the Syria crisis.
I would like to offer my full support for H. Res. 520,
which seeks to refocus U.S. policy toward Syria and provide
greater access to humanitarian relief to those who are
suffering.
As my colleagues have noted, there are now 9.3 million
people in need of humanitarian assistance, 6\1/2\ million
internally displaced people in Syria, with potentially 3
million of those in besieged areas, and 2.7 million refugees in
neighboring countries. Our regional allies are struggling to
absorb this massive influx.
And while the United States has provided over $1.7 billion
in relief, funding appeals from the United Nations have been
grossly ignored by the international community, with only $1.5
billion of the U.N.'s $6.5-billion appeal having been
fulfilled.
The conversation surrounding Syria can no longer be just
about how we put an end to the conflict. It must be about what
we can do to mitigate the immediate effects of this tragic
situation on so many innocent civilians.
We saw a glimmer of hope when the United Nations Security
Council passed a nonbinding resolution calling on all sides to
respect humanitarian access. But the terms of this resolution
have been largely ignored, as millions are still cut off from
food deliveries and basic medical treatment.
All of this continues in the midst of new reports that
chemical attacks using chlorine gas may have happened this past
month.
The United States alone will not solve the Syrian crisis,
but we must continue to press our allies to act on humanitarian
needs. Ending this type of unimaginable human suffering should
be a priority for the entire world, but the United States and
our reputation throughout the world is strengthened when human
rights holds a prominent place in our foreign policy.
I would again like to thank the chair and the ranking
member for their commitment to continuing to advance our Syria
policy. And I thank my good friend, Mr. Connolly, for yielding.
Mr. Connolly. Thank you.
Mr. Chairman, I want to lend my support, my very
enthusiastic support, to both H. Res. 520 and H. Con. Res. 51,
companion pieces with respect to Syria.
The humanitarian crisis in Syria is almost unprecedented in
the region. We had testimony just a few weeks ago before this
committee by Rajiv Shah, the USAID Administrator, that the
number of internal displaced persons in Syria and the number of
external refugees generated by the crisis has quadrupled in the
year since he testified previously--quadrupled.
We now have 25 to 30 percent of the equivalent population
as refugees in Lebanon and Jordan. These are clearly potential
sources of destabilization in that part of the world that we
can least afford. So addressing the humanitarian crisis, it
seems to me, must be a priority for the United States
Government.
And I applaud Mr. Smith for his remarks, and for your
leadership as well, Mr. Chairman, and for that of Mr. Engel, on
the war crimes resolution. We do know that that is efficacious.
We do know that that makes a difference. And holding out that
hope to the victims of this violence, that sooner or later they
will be brought to justice, we will see to it, that is what
this resolution says. And I think it is a very important
cornerstone of our evolving foreign policy with respect to the
crisis in Syria.
I thank the chair, and I thank my colleagues for their
leadership. And I yield back.
Chairman Royce. Thank you, Mr. Connolly.
Mr. Dana Rohrabacher of California.
Mr. Rohrabacher. Thank you very much, Mr. Chairman, and I
appreciate you recognizing me for this semi-colloquy.
And I appreciate your leadership on the issue that was
brought before us in H.R. 4490, the communications amendment
and legislation that we just passed through this committee.
That really is desperately needed reform that has been needed
for a long time.
And it is my understanding that you are seriously
considering including report language that indicates that
broadcasting entities should not hire an individual who has
worked within the previous 6 years for the foreign ministry,
state-sponsored media, or security services of any country that
does not provide objective, accurate, and credible news.
This policy is vital to protect our honest and hardworking
journalists and broadcasters from foreign agents acting at the
behest of hostile powers. This will also add other improvements
to the security that this committee has already put in place by
passing that legislation.
Three years ago, when I chaired the Oversight and
Investigation Subcommittee, the very first hearing I called
looked into the BBG. A major problem that we uncovered at that
hearing was the lack of effective counterintelligence
protection for our international broadcasters.
Mr. Chairman, you know what a powerful tool the Voice of
America and the Freedom Broadcasters are for our country.
Preventing such people from working for our broadcasters will
increase the credibility of our broadcasters and add additional
security against efforts by foreign powers to disrupt their
work. I appreciate your willingness to consider including
language in that legislation, report language, that will deal
with this issue.
Chairman Royce. And I want to thank Mr. Rohrabacher for the
seriousness that he has brought to this debate over how we go
forward with the Broadcasting Board of Governors.
One of the specific concerns you have is, of course, the
vetting of employees who would be tied to foreign governments.
We accepted your first amendment, which directly says that
foreign agents--that employees will be vetted to catch foreign
agents of foreign regimes or those tied to advocating
terrorism, et cetera. That may have caught most of what you
want to go after.
If there is additional language, we are happy to try to
work with you to work something out as we go forward. This is
just the first step in the process. But we did accept your
first amendment----
Mr. Rohrabacher. Thank you very much.
Chairman Royce [continuing]. Going directly to the point.
Mr. Rohrabacher. And I appreciate your willingness to
perfect it.
Chairman Royce. Very good. Well, we will try to perfect it.
Thank you, Mr. Rohrabacher.
We go now to this side. Any other members seeking
recognition at this time?
If not, I think Mr. Collins had the amendment.
Mr. Collins. Yes. Mr. Chairman, thank you.
And I would want to thank Congresswoman Meng for bringing
this issue of desecration of cemeteries to light. It is good
when we can come together, and especially on issues such as,
not only religious expression, but also doing so in a very
tangible way I think is very good. And it is always good to
reach across and show that we can find common ground, and I
appreciate that.
My amendment only adds finding language to the H.R. 4028 to
highlight the necessity for Congress to add cemetery
desecration as a violation of religious expression. The
desecration of the Kaposvar Jewish Cemetery in Hungary is a
sobering reminder of the lack of religious freedom abroad.
Something that we have here is not universal. Those grounds are
final resting places for the deceased and deserve the respect
of all, regardless of personal beliefs.
These acts and others like them around the world show the
continued prejudice toward ethnic and religious groups. These
attacks affect the fundamental right to freedom of religion,
especially when tolerated or encouraged by local or national
governments.
As an Air Force Reserve chaplain, I believe expressing your
personal religious beliefs shouldn't be just a privilege, but
it should be a right given to everyone. That is why I am
cosponsoring Representative Meng's bill and encourage Congress
to put its weight behind such a cause.
This body is committed to protecting the freedom of
religion, including the preservation of heritage of cemeteries
across the United States and abroad. That is what brings us to
this amendment and also to this fine bill and the work that has
been done by Congresswoman Meng, which I commend, and also the
chairman and ranking member.
And, with that, Mr. Chairman, I yield back.
Chairman Royce. Thank you, Pastor Collins.
Now, hearing no further requests for recognition, the
question now occurs on the items considered en bloc. This would
be the legislation by Ms. Meng on International Religious
Freedom Act, as it regards desecration of cemeteries, expanding
that. It would include Mr. Smith's bill, the Syrian war crimes
tribunal legislation, and the Royce-Engel legislation on Syrian
humanitarian access. So we will consider that en bloc.
All those in favor, say aye.
All those opposed, no.
In the opinion of the Chair, the ayes have it. The measures
are considered en bloc. H.R. 4028, House Resolution 520, and
House Concurrent Resolution 51 are agreed to as amended.
And, without objection, each of the measures as amended is
ordered favorably reported as a single amendment in the nature
of a substitute.
Staff is directed to make any technical and conforming
changes.
And that concludes our business of today. I want to thank
Ranking Member Engel and all of our committee members here for
their contributions and assistance to this legislation.
The committee is adjourned.
[Whereupon, at 10:48 a.m., the committee was adjourned.]
A P P E N D I X
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