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AFFIRMING AND RECOGNIZING THE KHMER, LAOTIAN, HMONG,

AND MONTAGNARD FREEDOM FIGHTERS AND THE PEOPLE

OF CAMBODIA; RECOGNIZING THE IMPORTANCE OF THE

UNITED STATES-REPUBLIC OF KOREA-JAPAN TRILATERAL RELATIONSHIP TO COUNTER NORTH KOREAN THREATS AND

NUCLEAR PROLIFERATION, AND TO ENSURE REGIONAL SECURITY AND HUMAN RIGHTS; SUPPORTING HUMAN RIGHTS,

DEMOCRACY, AND THE RULE OF LAW IN CAMBODIA; AND

DPRK ACT OF 2016

MARKUP

BEFORE THE

SUBCOMMITTEE ON ASIA AND THE PACIFIC

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

ON

H. Res. 210, H. Res. 634, H. Res. 728 and H.R. 4501

JULY 6, 2016

Serial No. 114–177

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/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

MATT SALMON, Arizona 

DARRELL E. ISSA, California 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

MO BROOKS, Alabama 

PAUL COOK, California 

RANDY K. WEBER SR., Texas 

SCOTT PERRY, Pennsylvania 

RON DESANTIS, Florida 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

CURT CLAWSON, Florida 

SCOTT DESJARLAIS, Tennessee 

REID J. RIBBLE, Wisconsin 

DAVID A. TROTT, Michigan 

LEE M. ZELDIN, New York 

DANIEL DONOVAN, New York 

ELIOT L. ENGEL, New York 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

BRIAN HIGGINS, New York 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

ALAN GRAYSON, Florida 

AMI BERA, California 

ALAN S. LOWENTHAL, California 

GRACE MENG, New York 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas 

ROBIN L. KELLY, Illinois 

BRENDAN F. BOYLE, Pennsylvania

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

SUBCOMMITTEE ON ASIA AND THE PACIFIC

MATT SALMON, Arizona Chairman 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

MO BROOKS, Alabama 

SCOTT PERRY, Pennsylvania 

SCOTT DESJARLAIS, Tennessee 

BRAD SHERMAN, California 

AMI BERA, California 

TULSI GABBARD, Hawaii 

ALAN S. LOWENTHAL, California 

GERALD E. CONNOLLY, Virginia 

GRACE MENG, New York 

(III)

C O N T E N T S 

Page

MARKUP ON 

H. Res. 210, Affirming and recognizing the Khmer, Laotian, Hmong, and 

Montagnard Freedom Fighters and the people of Cambodia and Laos for 

their support and defense of the United States Armed Forces and freedom 

in Southeast Asia ................................................................................................. 2

Amendment in the nature of a substitute to H. Res. 210 offered by the 

Honorable Matt Salmon, a Representative in Congress from the State 

of Arizona, and chairman, Subcommittee on Asia and the Pacific ............... 5

H. Res. 634, Recognizing the importance of the United States-Republic of 

Korea-Japan trilateral relationship to counter North Korean threats and 

nuclear proliferation, and to ensure regional security and human rights ...... 7

Amendment in the nature of a substitute to H. Res. 634 offered by the 

Honorable Matt Salmon ................................................................................... 11

H. Res. 728, Supporting human rights, democracy, and the rule of law in 

Cambodia .............................................................................................................. 15

Amendment to H. Res. 728 offered by the Honorable Brad Sherman, a 

Representative in Congress from the State of California ............................. 20

H.R. 4501, To amend the North Korean Human Rights Act of 2004 to authorize further actions to promote freedom of information and democracy in 

North Korea, and for other purposes .................................................................. 21

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

APPENDIX 

Markup notice .......................................................................................................... 32

Markup minutes ...................................................................................................... 33

Markup summary .................................................................................................... 34

(1)

AFFIRMING AND RECOGNIZING THE KHMER, LAOTIAN, 

HMONG, AND MONTAGNARD FREEDOM FIGHTERS AND 

THE PEOPLE OF CAMBODIA; RECOGNIZING THE IMPORTANCE OF THE UNITED STATES-REPUBLIC OF KOREAJAPAN TRILATERAL RELATIONSHIP TO COUNTER NORTH 

KOREAN THREATS AND NUCLEAR PROLIFERATION, AND 

TO ENSURE REGIONAL SECURITY AND HUMAN RIGHTS; 

SUPPORTING HUMAN RIGHTS, DEMOCRACY, AND THE 

RULE OF LAW IN CAMBODIA; AND DPRK ACT OF 2016

WEDNESDAY, JULY 6, 2016

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON ASIA AND THE PACIFIC,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The subcommittee met, pursuant to notice, at 2:03 p.m., in room 

2172, Rayburn House Office Building, Hon. Matt Salmon (chairman of the subcommittee) presiding. 

Mr. SALMON. The subcommittee will come to order. We meet 

today pursuant to notice to mark up four bipartisan measures. As 

your offices have been notified, it is the intent of the Chair to consider en bloc the following items, which were previously provided 

to members and are in your folders: House Resolution 210, Affirming and recognizing Khmer, Laotian, Hmong, and Montagnard 

Freedom Fighters and the people of Cambodia and Laos for their 

support and defense of the United States Armed Forces and freedom in Southeast Asia; included in that is Salmon amendment 148 

in the nature of a substitute to H. Res. 210; House Resolution 634, 

Recognizing the importance of the United States-Republic of KoreaJapan trilateral relationship to counter North Korean threats and 

nuclear proliferation, and to ensure regional security and human 

rights; Salmon amendment 146 in the nature of a substitute to H. 

Res. 634; House Resolution 728, Supporting human rights, democracy, and the rule of law in Cambodia; Sherman amendment 42 to 

H. Res. 728; and H.R. 4501, the Distribution and Promotion of 

Rights and Knowledge Act of 2016. 

Without objection, these items are considered as read and will be 

considered en bloc. 

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Mr. SALMON. And I will now recognize members to speak on 

these items, beginning with myself and the ranking member. 

I would like to speak in support of each of the measures our subcommittee will be marking up today. First, House Resolution 210, 

legislation introduced by Mr. Duffy of Wisconsin, recognizes the 

people of Cambodia and Laos for their support of the United States 

Armed Forces in Southeast Asia. Many ethnic groups in Cambodia 

and Laos fought with the United States Armed Forces, aided in 

rescue efforts, assisted with intelligence gathering, and provided 

food and shelter to our troops during the Vietnam war era. These 

acts are truly commendable. And this resolution seeks to recognize 

their important contributions in our shared history. I worked with 

Mr. Duffy in creating an amendment in the nature of a substitute 

and submit that today to clarify some of the language in the bill. 

The next item is House Resolution 634, a bill I introduced to recognize the strategic and security importance of the United StatesRepublic of Korea-Japan trilateral relationship. North Korea continues its provocations, test firing two ballistic missiles just a couple of weeks ago. North Korea’s boldfaced rejection of international 

norms and multiple U.N. resolutions is manifestly threatening the 

safety of the neighborhood and our close allies Japan and Republic 

of Korea, proving the administration’s strategy of strategic patience 


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is not working. As a result, we must work proactively with our allies to counter North Korean threats and nuclear ambitions. 

The Korean-Japan relationship has come a long way. And our 

three nations are now working closely together to confront the 

threat of a nuclear North Korea. These closer ties will ultimately 

foster increased security and ultimately improve the lives of all 

those on the peninsula and in the region. 

We can have no other expectation than that North Korea will 

continue its provocations. And we must stand firm with our allies 

and partner with them to deploy an antimissile system that will 

protect their communities. 

This resolution puts forth congressional intent to bolster the trilateral relationship and offer support for regional ballistic missile 

defense systems and provides viable stability to the region. 

Next, House Resolution 728, introduced by our Foreign Affairs 

colleague Mr. Lowenthal, seeks to support human rights, democracy, and the rule of law in Cambodia. I was proud to be the lead 

cosponsor with him on this legislation to support democracy and 

human rights in Cambodia. I am deeply concerned by the ongoing 

harassment of opposition politicians and growing restrictions on 

civil society and the press. The opposition leader remains in exile 

under the threat of arrest. And his deputy faces ostensibly politically motivated charges as well. There is much that must be done 

in Cambodia to ensure fair and free elections next year. This legislation will help facilitate the necessary changes. 

Our last item is H.R. 4501, the Distribution and Promotion of 

Rights and Knowledge Act of 2016, which I was pleased to introduce in partnership with Ranking Member Sherman. When looking 

at the mess that is North Korea, we largely have two means to improve security in the region, and the lives of those within the hermit kingdom. First, under Chairman Royce’s leadership, Congress 

has already imposed new sanctions to squeeze off funding mechanisms in an effort to reduce the means to proliferate nuclear weapons. Second, we need to provide information to the people of North 

Korea to empower them from the inside, to reduce Kim Jong-un’s 

influence and power. 

North Korean leadership maintains a stranglehold on information. It not only provides propaganda to preserve its power. In 

2008, under the North Korean Human Rights Act, Congress authorized radio information flow into North Korea to educate and 

free the minds of the people. Technology and times have changed, 

and the programs we fund are in need of upgrades as well. This 

bill will improve content and listenership to empower the people of 

North Korea with information about the outside world and basic 

human rights by allowing distribution of devices as well as content 

within North Korea. These much-needed updates to the program 

will go a long way to undermine the regime’s oppressive governance in North Korea. 

All these bills are solid bipartisan measures, and I urge my colleagues to support them as introduced or corrected by way of 

amendment in the nature of a substitute. 

And I would like to recognize Mr. Sherman for any comments 

that he might have. 

27

Mr. SHERMAN. Thank you. I want to thank the chairman for 

holding this markup. I support each of the four bills we are considering. 

H. Res. 210, affirming and recognizing the Khmer, Laotian, 

Hmong, and Montagnard Freedom Fighters and the people of Cambodia and Laos for their support and defense of the United States 

Armed Forces and freedom in Southeast Asia. It is entirely appropriate that we recognize these brave allies who fought alongside us. 

Supporting human rights, democracy, and the rule of law in 

Cambodia, H. Res. 728. I want to thank my colleague from southern California, Mr. Lowenthal, for his leadership on this resolution 

and his general leadership on human rights in Southeast Asia. I 

met just last week with opposition leader Sam Rainsy, who is in 

exile because the government of Hun Sen has abused the criminal 

defamation law to try to silence him. You can’t have a democracy 

when you have a criminal defamation law, probably of any kind, 

but certainly a criminal defamation law that is used to silence and 

criminalize political speech. That is why I offered my amendment 

that would call specifically on Cambodia to reform its defamation 

law and hopefully not apply it to any political speech and not provide criminal penalties for so-called defamatory statements. And 

we want to make it explicit that Congress takes these issues extremely seriously. 

We all buy garments. Some of them are made in Cambodia. Cambodian garment manufacturers and U.S. importers have got to understand that the American people want to see improvements in 

human rights in Cambodia. 

H. Res. 634, Recognizing the importance of the United States-Republic of Korea-Japan trilateral relationship to counter North Korean threats and nuclear proliferation, and to ensure regional security and human rights. The North Korea regime of Kim Jong-un is 

a great danger to international security. The Kim regime continues 

to work toward developing missiles and nuclear weapons. It is now 

trying to lengthen the reach of those missiles with the sole purpose 

of reaching the United States. 

I am also concerned about North Korea perhaps selling nuclear 

weapons to Iran or others. And, of course, Iran now has many, 

many tens of billions of dollars that it did not have at the beginning of last year. 

The guiding principle of the United States’ policies in North 

Korea should be to exert every effort to pressure the regime in 

order to incentivize change. So this resolution encouraging cooperation with South Korea and Japan makes senses. I fully support the 

resolution. 

Moving on to H.R. 4501, Distribution and Promotion of Rights 

and Knowledge Act of 2016. Pleased to join our chairman in introducing this resolution. It calls for a more assertive U.S. approach 

in trying to get independent information to the people of North 

Korea using electronic media in various forms as well as improving 

our broadcasting efforts. I want to thank the chairman for moving 

this important bill. 

Beyond economic sanctions, short of the use of military force, one 

of the most effective things we can do is provide the people of 

North Korea with information, which this murderous regime seeks 

28

to deny them. This is one of the most effective things the international community can do to pressure the regime and hopefully 

move forward to a day when we can have a government in North 

Korea that is at peace with the world and at peace with its own 

people. 

Information from independent sources has consistently been a 

destabilizing influence on totalitarian regimes, which accounts for 

why they go to such extreme ends to prevent that information from 

reaching it citizens. The United States should increase its efforts 

in this regard, increasing current VOA broadcasting into North 

Korea and supplementing this broadcasting with social media. We 

must adopt our diplomatic efforts to spread the American message 

according to the new technology of these times. 

I am pleased to see the committee more forward in a bipartisan 

fashion, which of course has characterized its work. 

And I yield back 1 second of time. 

Mr. SALMON. I thank the ranking member. 

The Chair recognizes Mr. Rohrabacher. 

Mr. ROHRABACHER. I rise in support of all four of these resolutions, but in particular, I would like to thank you, Mr. Chairman, 

for your leadership and H. Res. 210, which underscores the important role played by Khmer, Laotian, Hmong, and Montagnards during the Vietnam war. 

Now, while not in the actual military, I found myself in the Central Highlands in Vietnam in 1967. And I was working with a 

Montagnard tribesman, who I would—the people who you could 

trust with your life were Montagnard tribesmen. And at that time, 

there were some troubles with relying on our allies in the South 

Vietnamese Army, but these tribal people, the Montagnards—and 

by the way, ‘‘Montagnards’’ means mountain people, and ‘‘Hmong’’ 

and ‘‘Laotian’’ mean mountain people. And what we are really talking about is an ancient separation of various peoples of that region 

between mountain people and valley people. And the Montagnards 

were very unsophisticated but most courageous. And they were 

short and small in stature, but just overwhelming in courage and 

honor with their word. So it is good that we are honoring them 

today because they saved a lot of American lives. And I witnessed 

that firsthand. 

And, number two, I would like to thank Mr. Lowenthal for his 

H. Res. 728. Mr. Lowenthal has, as I did when I represented his 

district, which he represents now, a large Cambodian population of 

Cambodian-Americans, and the Cambodian-Americans have come 

here to be free, but they look back at their homeland, and after all 

these years when the Vietnam war is behind us, Cambodia is still 

run by the same tough guy, a corrupt regime that has been in 

power for over 30 years. 

Let me just note, in a historical note, one reason why this is an 

important resolution for us is that the United States Government 

convinced Hun Sen, the tough guy who was put into power by a 

Vietnamese military, they convinced him that he should actually 

have a free and fair election. And he had it. And there were 20,000 

United Nations troops that were permitted into Cambodia for that 

election. This must have been about the middle 1990s. And Hun 

Sen lost that election. It was very—he lost the election. And he 

29

was—but the American Ambassador at the time felt that Hun Sen 

would not give up power and that if we tried to force it, that he 

would—there would be bloodshed, et cetera. And we backed down. 

And there was a compromise. They would have two Prime Ministers and two Presidents. That bit of a lack of willingness to stand 

up has condemned the people of Cambodia all of these years to live 

under a tyrannical and corrupt regime. 

And this resolution should remind us that the people of Cambodia are still suffering, and we should not leave them out of the 

equation when we are trying to decide where we are going to take 

a stand because it was our Ambassador who made the wrong decision that has condemned them all of these years. So what this resolution should be called is ‘‘Mr. Hun Sen, it is time to go.’’ And as 

we pass this resolution, I hope that message will be delivered to 

Hun Sen: It is time for you to go, Hun Sen. It is time for the people 

of Cambodia to have their freedom and to cast off this corrupt regime that steals their property and enriches a small clique of Hun 

Sen cronies. 

So, with that said, I will be supporting of the resolutions but especially those two. 

Mr. SALMON. I thank the gentleman. 

The Chair recognizes Mr. Lowenthal. 

Mr. LOWENTHAL. Thank you, Mr. Chairman. 

And I would like to thank you, Mr. Chairman, for bringing up 

my resolution, H. Res. 728, which supports human rights, democracy, and the rule of law in Cambodia. 

And I would also like to thank you, Mr. Chair, for introducing 

this bill as the first sponsor, along with myself, along with Chairman Royce as a cosponsor, and Ranking Member Engel as a cosponsor. Congressman Chabot is also an original cosponsor. Together, Congressman Chabot and myself founded the Congressional 

Cambodia Caucus earlier this year to shine a light on these issues. 

As has been pointed out so well by Congressman Rohrabacher, 

who I thank you for your comments, and also by the chair, Cambodia is a nation with enormous potential, home to a large youth 

population that strives to have their voices heard and their concerns listened to. However, for over 30 years, Cambodia has been 

ruled by the same ruling party and its leader, Prime Minister Hun 

Sen. Despite political violence and election irregularities, which 

were sanctioned by Hun Sen and his Cambodian People’s Party, 

the opposition has continued to grow in support and will contest, 

first, local elections in 2017 and national elections in 2018. Last 

year, the Cambodian Government revived the 7-year-old defamation charges against opposition leader Sam Rainsy, expelling him 

from the Parliament, forcing him into self-imposed exile. That is 

not enough. Since then, the government has sought to arrest Kem 

Sokha, the deputy to Sam Rainsy and the deputy opposition leader, 

who now remains under house arrest, effective house arrest. 

This deteriorating political situation in Cambodia demands action from the United States. That is why it is so important that we 

pass this resolution and show that Congress stands with the people 

of Cambodia and reaffirms our commitment to democracy, human 

rights, and the rule of law in Cambodia. Through this resolution, 

we call on the Government of Cambodia to, one, cease all harassVerDate 0ct 09 2002 10:31 Aug 04, 2016 Jkt 000000 PO 00000 Frm 00033 Fmt 6633 Sfmt 6633 F:\WORK\_AP\070616M\20695 SHIRL
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ment and intimidation of the Cambodian opposition; drop all politically motivated charges against opposition law makers; allow them 

to return to Cambodia and freely participate in the political process; and we ask the Government of Cambodia to foster an environment where democracy can thrive and flourish. 

Lastly, I would like to thank Congressman Sherman for working 

with us to offer his amendment strengthening the resolution. This 

amendment adds a clause calling for reform of criminal defamation 

laws of the sort which are now being used to prosecute Cambodian 

opposition leaders, laws that are fundamentally antidemocratic. 

Again, I urge my colleagues to support this resolution, and I 

thank you again, Mr. Chairman, and I yield back. 

Mr. SALMON. Thank you. 

Do any other members seek recognition to speak on any of these 

items? 

If not, then we will go ahead and proceed. Then we will be voting 

on adopting the items under consideration en bloc. 

All those in favor, say aye. 

Opposed, say no. 

In the opinion of the Chair, the ayes have it, and the en bloc 

items are approved. 

Without objection, H. Res. 210, H. Res. 634, H. Res. 728, and 

H.R. 4501, as amended, will be reported favorably to the full committee, and the staff is directed to make any technical and conforming changes. 

And I would like to thank all the members and staff for the assistance and cooperation that went into today’s markup. 

And the subcommittee stands adjourned. 

[Whereupon, at 2:23 p.m., the subcommittee was adjourned.] 

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