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80–939PDF 2013

SEAN AND DAVID GOLDMAN INTERNATIONAL CHILD ABDUCTION

PREVENTION AND RETURN ACT OF 2013; VIETNAM HUMAN

RIGHTS ACT OF 2013; AND CONCERNING THE ONGOING

CONFLICT IN THE DEMOCRATIC REPUBLIC OF THE CONGO

AND THE NEED FOR INTERNATIONAL EFFORTS TOWARD

LONG-TERM PEACE, STABILITY, AND OBSERVANCE OF HUMAN

RIGHTS

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, 

GLOBAL HUMAN RIGHTS, AND 

INTERNATIONAL ORGANIZATIONS

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRTEENTH CONGRESS

FIRST SESSION

ON

H.R. 1951, H.R. 1897 and H. Res. 131

MAY 15, 2013

Serial No. 113–68

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 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

ADAM KINZINGER, Illinois 

MO BROOKS, Alabama 

TOM COTTON, Arkansas 

PAUL COOK, California 

GEORGE HOLDING, North Carolina 

RANDY K. WEBER SR., Texas 

SCOTT PERRY, Pennsylvania 

STEVE STOCKMAN, Texas 

RON DESANTIS, Florida 

TREY RADEL, Florida 

DOUG COLLINS, Georgia 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

LUKE MESSER, Indiana 

ELIOT L. ENGEL, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

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 

JUAN VARGAS, California 

BRADLEY S. SCHNEIDER, Illinois 

JOSEPH P. KENNEDY III, Massachusetts 

AMI BERA, California 

ALAN S. LOWENTHAL, California 

GRACE MENG, New York 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND

INTERNATIONAL ORGANIZATIONS

CHRISTOPHER H. SMITH, New Jersey, Chairman 

TOM MARINO, Pennsylvania 

RANDY K. WEBER SR., Texas 

STEVE STOCKMAN, Texas 

MARK MEADOWS, North Carolina 

KAREN BASS, California 

DAVID CICILLINE, Rhode Island 

AMI BERA, California 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 1951, 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 ...................................................................................................... 3

Amendment to H.R. 1951 offered by the Honorable Mark Meadows, a 

Representative in Congress from the State of North Carolina ..................... 54

H.R. 1897, To promote freedom and democracy in Vietnam ................................ 55

H. Res. 131, Concerning the ongoing conflict in the Democratic Republic 

of the Congo and the need for international efforts toward long-term peace, 

stability, and observance of human rights ......................................................... 75

Amendment in the Nature of a Substitute to H. Res. 131 offered by the 

Honorable Karen Bass, a Representative in Congress from the State 

of California ...................................................................................................... 82

APPENDIX 

Markup notice .......................................................................................................... 98

Markup minutes ...................................................................................................... 99

(1)

SEAN AND DAVID GOLDMAN INTERNATIONAL CHILD ABDUCTION PREVENTION AND RETURN ACT OF 2013; VIETNAM 

HUMAN RIGHTS ACT OF 2013; AND CONCERNING THE ONGOING CONFLICT IN THE DEMOCRATIC REPUBLIC OF THE 

CONGO AND THE NEED FOR INTERNATIONAL EFFORTS 

TOWARD LONG-TERM PEACE, STABILITY, AND OBSERVANCE OF HUMAN RIGHTS 

WEDNESDAY, MAY 15, 2013

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,

GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The subcommittee met, pursuant to notice, at 11:30 a.m., in room 

2172, Rayburn House Office Building, Hon. Christopher H. Smith 

(chairman of the subcommittee) presiding. 

Mr. SMITH. We are here this morning to mark up H.R. 1951, 

Sean and David Goldman International Child Abduction Prevention and Return Act of 2013; H.R. 1897, Vietnam Human Rights 

Act of 2013; and H. Res. 131, Concerning the ongoing conflict in the 

Democratic Republic of the Congo and the need for international efforts toward long-term peace, stability, and observance of human 

rights. 

As our members are aware, these measures enjoy strong bipartisan support and there are competing hearings and other events 

taking place this morning. Thus, as our members were informed 

earlier this week, it is the intent of the Chair to consider these 

measures en bloc, including the substitute amendment sent to you 

on Monday, offered by my good friend and colleague, Ms. Bass, and 

an amendment by Mr. Meadows, sent to you on Tuesday. 

All members have copies of these documents before them. After 

we have concluded our expedited consideration, I would be glad to 

recognize any member, including myself and the ranking member, 

for any statements on the issues. 

All members are given leave to insert written remarks into the 

record, should they choose to do so. Seeing that we have a reporting quorum present, without objection, the following measures are 

considered as read and will be considered en bloc: H.R. 1951, Sean 

and David Goldman International Child Abduction Prevention and 

Return Act of 2013; the Meadows amendment number 4 to H.R. 

1951, sent to members’ offices on Tuesday; H.R. 1897, the Vietnam 

Human Rights Act of 2013; H. Res. 131, Concerning the ongoing 

conflict in the Democratic Republic of the Congo and the need for 

2

international efforts toward long-term peace, stability, and observance of human rights; and the Bass amendment number 11 to H. 

Res. 131 sent to your offices on Monday. 

[The information referred to follows:]

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l1:3TH CONGRESS 

1ST SESSIOK H.R. 

(Original Signature of ~Vlember) 

To ensure compliance with the 1980 Hague Convention on the Civil Aspects 

of intl'rllatiOllal Child Abduction by countri('s with which tlw United 

States enjoys reeiproeal obligations, to establish prO(·.edllres for the 

prompt re,urll o[ children abducted to other counLries. and [01' ocher 

purposes. 

IK THE HOUSE OF REPRESE~TATIVES 

}Ir. SMITH of New .Jersey introdll(,ed the following bill; whieh was referred 

to the COlluuittee on ____________ _ 

A BILL 

To ensure compliallce with the 1980 Hague Conventioll 011 

the Civil Aspects of International Child Abduction by 

eountries \vith whieh the Unitell States en,joys reeipro(~al 

obligations, to establish procedures for the prompt returll 

of children abducted to other countries, and for other 

purposcs. 

1 Be it enacted by the Senate and House of Represenla2 hves of the United States of ~:!mC1'I:ca in Congress assembled, 
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2 

1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.-This Aet may be eitell as the 

3 "Scan alld David Goldman lllter-national Child Abductioll 

4 Prevention and Return Act of 201:3". 

5 (b) TABLJ:<; 01" CON'l'EN'l'S.-The table of cOlltents for 

6 this Act is as follows: 

See. 1. Short title and table of eontents. 

See. 2. }'imlings: sense of Congress; purposes. 

See. 3. Definitions. 

See. 4. Pun ding. 

TITLE I-DEPARTMEI\T OF STATE ACTIONS 

Sec. 101. Annual rer)orl. 

Sec. 10~. Standards and assistance. 

Sec. 103. Memorandum oi" t:nderstanding. 

Sec. 104. 1\ otii"ication oi" congressional representatives. 

See. 301. 

See. 302. 

See. 303. 

See. 304. 

:::ke. 20,'). 

:::ke. 206. 

:::ke. 207. 

:::ke. 20R. 

:::ke. 209. 

Sec. 210. 

Sec. 211. 

Sec. 212. 

TITLE II-PRESIDENTIAL ACTIONS 

Presidential actions in response to unresolved cases. 

Presidential actions in response to patterns of noncooperation 111 

cases of intemational child abdnd.ions. 

Consultat.ions. 

Repod: t.o Congress. 

Presidmtial aetions. 

Effeet.s on 0xisting eontraet.s. 

Presidf'ntial \vaiv(:r. 

Pnblieation in Fe(kml Regist.0r. 

T(,rmination of Pr0sid0nt.ial aet.ions. 

United States assistance. 

Multilateral assistance. 

Amendment to generalized system of preferences elig'ibility for generalized system of preferences. 

7 SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. 

8 (a) FIKDINGS.-CongTess fimls the follmving: 

9 (1) Sean Goldman, a United States citizen and 

10 resident of New ,Jersey, was abducted from the 

11 Ullited States in 2004 and separated from his fa12 ther, David Goldman, who spent nearly six years 

13 hattling for the return of his son from Brazil before 
5


80939a-3.eps

Sean was finally returned to Mr. Goldman's eustody 

2 on December 24, 2009. 

3 (2) The Department of State's Offiee of Chil4 eh·en's Issues, which serves as the Central Authority 

5 of the rnited States for the purposes of the 1980 

6 Hague Conventioll on the Civil Aspects of Illter7 national Child Abduction, has received thousands of 

8 requests sin(~e 2007 for assistanee in the return to 

9 the United States of children who have been ab10 ducted by a parent or other legal g11ardian to an11 other country. 1<'or a variety of reasons reflecting the 

12 significant obstacles to the recovery of abducted chil13 dren, as well as the legal amI faetual eomplexity in14 volving such cases, not all cases are reported to the 

15 Central Authority of the United States. 

16 (3) The llumber of outgoing intematiollal child 

17 abductions reported to the Central Authority of the 

18 United States has increased substantially since 

19 2006. 

20 (4) Only about half of the children abducted 

21 from the United States to countries yvith which the 

22 United States enjoys reciprocal obligations under the 

23 Hague Abduction Convelltion arc returned to the 

24 United States. 
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4 

(5) The United State~ and Convention eOllll2 tries have expressed their desire, through the Hague 

3 Abdudjon Convention, "to prote(~t ehildren inter4 nationally from the harmful effects of their wrongful 

5 removal or retention and to establish procedures to 

6 ellsure their prompt return to the State of their ha7 bitual residence, as well as to secure protection for 

8 right~ of aeee~~.". 

9 (6) Compliance by the rnited States and Con10 vention countries depends on the actions of their 

11 designated central authorities, the performance of 

12 their judiciaries as reflected in the legal process and 

13 deei~ion~ rendered to enfon~e or effeduate the 

14 Hague Abduction Convention, and the ability and 

15 \villingne~~ of their law enfon~ement to insure the 

16 swift enforcemellt of orders rendered pursuallt to the 

17 Hague Abduction Convention. 

18 (7) The Central Authority of the United States 

19 reports that nearly 40 percent of abduction cases 

20 and access cases involve children taken from the 

21 United States to countries \vith which the rnited 

22 States does not have Hague Abduction Convention 

23 obligations or other agreements relating to the reso24 lution of abduction cases and access cases. 
7


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5 

(8) Aeeording to the Department of State'~ 

2 April 2010 R,eport on Compliance with the Hague 

3 Convention on the Civil ~~"lped~ of International 

4 Child Abductioll, "parelltal child abductioll jeopard5 izes the child and has substantial long-term con6 sequences for both the child alld the left-behind par7 ent.". 

8 (9) Abduded ehildren are at ri~k of ~enou~ 

9 emotional and psychological problems and have been 

10 found to ezqwrience anAiety, eating problems, night11 mares, mood swings, sleep disturballces, aggressive 

12 behavior, resentment, g11ilt and fearfulness, and as 

13 adult~ may ~truggle with identity i~~ues, personal re14 lationships, and parenting. 

15 (10) Left-behind parent~ may eneounter ~ub16 stantial psychological alld emotiollal problems, alld 

17 few have the extraordinary financial resources nec18 essary to pursue individual civil or criminal remedies 

19 in both the United States and a foreign country, 

20 even where available, or to engage in repeated for21 eign travel to attempt to procure the return of their 

22 children by evoking diplomatic and humanitarian 

23 remedies. 

24 (11) Left-behind parents who are military par25 ents may be unable to leave their military duties to 
8


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6 

pursue multinational litigation or take leave to at2 tend multiple court proceedings, and foreign authori3 ties may not sehednle proeeedings to ~weommodate 

4 such duties. 

5 (b) SR~SR OF CON<lRRSS.-Tt is the sense of Con6 gress that the United States should set a strong example 

7 for Convention countries in the timely location and return 

8 of ah<hwted (~hildren in the United States whose habitual 

9 residence is not the United States. 

10 (c) PURPOSRS.-The purposes of tllis Act are to--

11 (1) protect children whose habitual residellce is 

12 the United States from the harmful effects of abduc13 tion amI to assist left-behind parents to have ~weess 

14 to their abducted child in a safe and predictable 

15 manner, wherever the ehilcl IS loeated, while an ab16 duction case is pending; 

17 (2) provide left-behind parents, including mili18 tary parellts, their advocates, and judges the illfor19 mati on they need to enhance the resolution of abduc20 tioll cases and access cases through established legal 

21 procedures, the tools for assessing the risk of abcluc22 tion and denial of rights of access, and the practical 

23 means for overcomillg obstacles to recoverillg an ab24 ducted child; 
9


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7 

(:1) estahlish measured, effeetive, and predid,-

2 able actions to be undertaken by the President on 

3 hehalf of al)(lueted ehildren whose habitual residenee 

4 is the United States at the time of the abduction; 

5 (4) promote an international consensus that it 

6 IS ill the interest of children to have any issues re7 lated to their care and custody determined in the 

8 eountry of their hahitual residenee; 

9 ( 5) provide the necessary training for officials 

10 of the United States Armed Forces and the Depart11 mellt of Defellse to establish policies and provide 

12 services to military parents that address the unique 

13 einmrnstan(~es of ahdudions and violations of rights 

14 of access that may occur with regard to military de15 pemlent drildren; and 

16 (6) encourage the effective implementation of 

17 international mechanisms, particularly those estab18 Ii shed pursuant to the Hague Abduction Conventioll, 

19 to achieve reciprocity in the resolution of abductions 

20 and to protect children from the harmful effects of 

21 an abduction. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 
10


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R 

(1) ABDUCTED CHILD.-The term "abdud,ed 

2 child" means a child who is the victim of an abduc3 tion. 

4 (2) ABDUC'l'lOl\".-The term "abduction" 

5 means6 (A) the alleged wrongful removal of a child 

7 from the child's country of habitual residence; 

8 (B) the alleged ~wrongful retention of a 

9 child outside the child's country of habitual res10 idence; or 

11 (C) the alleged wrongful removal or reten12 tion of a military dependent child from the ex13 ereise of rights of eust<)(ly of a military parent. 

14 (3) ABDUCTION CASE.-The term "abduction 

15 ease" means a ease involving an applieation filed 

16 with the Central Authority of the United States by 

17 a left-behind parent for the resolution of an abduc18 tion. 

19 (4) ACCESS CA13E.-The term "access case" 

20 means a case involving an application filed vvith the 

21 Central Authority of the rnited States by a left-be22 hind parent for the establishment of rights of access. 

23 (5) Al\"l\"uAL REPORT.-The term "Annual Re24 port" means the Annual Report on International 

25 Child Abduction required under section 101. 
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9 

(6) ArPLICATIOK.-The term "applieation" 

2 means3 (A) in the ease of a Convention eountry, 

4 the application required pursuant to artic.le 8 of 

5 the Hague Abduction Convention; 

6 (B) in the case of an SlOU country, the 

7 formal document required pursuant to the pro8 visions of the applieable MOU to re(lllest the re9 turn of an abducted child or to request rights 

10 of access, as applicable; and 

11 (C) in the case of a nOllparty country, the 

12 formal request by the Central Authority of the 

13 U nite!l States to the Central Authority of sueh 

14 country requesting the return of an abducted 

15 ehild or for rights of aeeess to an ahhwted 

16 child. 

17 (7) APPROPRIATE CO~GRESSIONAL COlVDIIT18 'l'EEs.-The tel1n "appropriate cOllgressional com19 mittees" means the Committee on Foreign Affairs of 

20 the House of Representatives and the Committee on 

21 Foreign Relations of the Senate. 

22 (8) CEKTRAL AUTHORITy.-The term "Central 

23 Authority" means-
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10 

(A) in the ease of a Convention eountry, 

2 the meaning given such term in article 6 of the 

3 Hague Al)(luetion Convention: 

4 (B) in the case of an MOLT country, the of5 ficial entity designated by the government of 

6 the MOLT country withill the applicable SIOLT 

7 pursuant to section 10:3 (b)( 1) to discharge the 

8 duties imposed on the entity in su(~h MOU; and 

9 (C) in the case of a nonparty country, the 

10 foreigl1 ministry of such country. 

11 (9) CHILD.-'l'he term "child" meallS an indi12 'vidual who has not attained the age of 16. 

13 (10) CONl7ENTION COTTNTRy.-The term "Con14 vention country" means a country other than the 

15 United States that has ratified, ~weeded, or SlW16 ceeded to the Hague Abduction Convelltion and with 

17 respect to which the rnited States has entered into 

18 a reciprocal agreement pursuant to the Hague Ab19 duction Convention. 

20 (11) TTACHJR ADnrCTTON eX)T'\,TRNTTOK.-The 

21 term "Hague Abduction Convention" means the 

22 Convention on the Civil Aspects of International 

23 Child Abductioll, done at The Hague on October 25, 

24 1980. 
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11 

(12) LEFT-BEHIND PARENT.-The term "left2 behind parent" means3 (A) regarding an abdudion, an individual 

4 or entity, either individually or jointly, who al5 leges that an abduction has occurred that is in 

6 breach of rights of custody7 (i) attributed to such individual or en8 tity, as applieable; and 

9 (ii) exercised at the time of the abcluclOtion or that would have been exercised but 

11 for the abduction; and 

12 (B) regarding rights of access, an indi13 vidual ~with rights of eustody who is re(111esting 

14 establishment of rights of access or who alleges 

15 that rights of aeeess are being denied. 

16 (13) LEGAL RESlDE.:--.rCE.-'1'he term "legal resi17 dence" means the congressional district and State in 

18 which an individual either is residing·, or if an indi19 vidual is residing temporarily outside the rnited 

20 States, the congressional district and State to which 

21 the individual intends to return. 

22 (14) MILITARY DEPE~DENT CHILD.-The term 

23 "military dependent child" means a child whose ha24 bitual residence is the United States according to 
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12 

Unitell States law even though the (~hild is residing 

2 outside the rnited States ~with a military parent. 

3 (15) MILITARY PARE~T.-The term "milihny 

4 parellt" means an individual who has rig'hts of cus5 tody over a child and who is sen~ng outside the 

6 United States as a member of the United States 

7 Armed Forces. 

8 (IG) YI01~.-The term "MOU" means a memo9 randum of understanding between the United States 

10 and a countly that is not a Convention count1y to 

11 resolve abduction cases and rights of access cases ill 

12 accordance \\~th section 104. 

13 (17) MOU COUNTRY.-The term "MOU eoun14 by" means a counby with respect to which the 

15 Unitell States has entered into an MOU. 

16 (18) !\ONPAR'l'Y COUN'l'RY.-The term 

17 "nonparty country" means a country that is neither 

18 a Convention coulltry nor an MOU country. 

19 (19) PATTERN OF KONCOOPERATION.-

20 (A) TN GENERAh-The term "pattern of 

21 noncooperation" means the persistent failure22 (i) of a Convention counhy to imple23 ment and abide by the prOVISIOns of the 

24 Hague Abduction Convention; 
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2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

18 

(ii) of an MOU Country to implement 

and abide by the provisions of the applicable MOU; amI 

(iii) of a nonparty coulltry to cooperate ,,~th the United States to expeditiously 

resolve abduction cases and access cases 

within a reasonable period of time. 

(B) (;RITERIA.-Sueh per~i~tent failure 

may be evidenced by one or more of the follo,,~ng criteria: 

(i) The existence of 10 or more Ulll"esolved cases. 

(ii) The failure of the Central Authority of the country to fulfill its responsibilities pur~uant to the Hague AlHIuetion 

Conventioll or the MOU, as applicable, or 

in the case of a nonparty country, the repeated failure of the Celltral Authority of 

the country to cooperate vvith the Central 

Authority of the United States to resolve 

unresolved cases. 

(iii) The failure of the judicial or administrative branch, as applicable, of the 

national government of the country to implement and comply ,,~th the provisions of 
16


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14 

the Hague Ahduetion Convention or the 

2 MOU, as applieable, or in the ease of a 

3 nonparty eountry, the failure of the appro4 priate judieial or administrative brandl of 

5 the national government of the eountry to 

6 expeditiously deliberate and render a deei7 sion in abduetion eases and aeeess eases. 

8 (iv) The failure of law enfon~ement to 

9 loeate abdueted ehildl'en or to enfol'ee re10 turn orders or determinations of rights of 

11 aeeess rendered by the judieial or adminis12 trative authorities of the national govern13 ment of the (~01ll1tIy in abdudion (~ases or 

14 aeeess eases. 

15 (20) RIGHTS OF ACCESS.-The term "rights of 

16 aeeess" means the rights of eontaet between a ehild 

17 and a left-behind parent that may arise18 (A) as a provisional measure while an ab19 duc.tion ease is pending; and 

20 (TI) by operation of law or by reason of ju21 dieial or administrative determination or by 

22 agreement hmring legal effeet under the law of 

23 the eountry in whieh the ehild is loeated. 

24 (21) RIGHTS OF CUSTODY.-The term "rights 

25 of eustody" means rights of eare and eustody of an 
17


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15 

abduded (~hild, in(~luding the right to cleterrnine the 

2 place of residence of an abducted child3 (A) attributed to an individual or entity, 

4 either individually or jointly, and 

5 (TI) arising by operation of law or by rea6 son of a judicial 01' administrative decision, or 

7 by reason of an agreement having legal effect, 

8 under the law of the (~ountry in whieh the ehilcl wa~ 

9 an habitual resident immediately before the abduclOtion. 

11 (22) LNJ:U£SOLVJ<;D ABDCCTION CASE.-

12 (A) T~ GRXERAL.-Subject to subpara13 graph (B), the term "unre~()lved abduetion 

14 case" means an abduction case that remains 

15 unre~olved for a period that exeeecl~ 6 week~ 

16 after the date on which the application for re17 turn of the child is submitted for determination 

18 to the judicial or administrative authority, as 

19 applicable, in the country in which the child is 

20 located. 

21 (B) RESOLUTION OF CASE.-An abduction 

22 case shall be considered to be resolved if23 (i) the child is returned to the country 

24 of habitual residence, pursuant to the 
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2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

16 

Hague Abdudion Convention or M01~, if 

applicable; 

(ii) the judi(~ial or admini~trative 

branch, as applicable, of the national g'Overnment of the country in which the child 

is located has implemented and is compl:ving with the provisions of the Hague 

AlHluetion Convention or the MOTT, a~ applicable, and a final determination is made 

by such judicial or administrative branch 

that the child will not be returned to the 

country of habitual residence; or 

(iii) the ehild attain~ the age of 16. 

(2:3) rNRESOL\TED ACCESS CASE.-

(A) I~ (m~EHAL.-8ul~jed. to ~uhparagraph (B), the term "unresolved access case" 

means an access case that remains unresolved 

for a period that exceeds (j weeks after the date 

on which the application for the establishment 

of rights of access is submitted to the judicial 

or administrative authority, as applicable, in the 

country in which the child is located. 

(B) RJ<;SOLU'l'lOl\ 01<' CASK-An access 

case shall be considered to be resolved if-
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2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

17 

(i) right~ of c:w(~e~~ are establi~he<l for 

the left-behind parent and such parent is 

allowed aeee~~ to the (~hild in ~weonlanee 

with such rights; 

(ii) a final determination 1S made by 

the appropriate administrative or judicial 

entity in the country in which the child is 

l()(~ated that the left-behind parent <loe~ not 

have rights of access and the rnited 

States Central Authority concludes that 

such determination is in accordance with 

applicable international standards; or 

(iii) the abdU(~tion ease related to the 

unresolved access case is resolved. 

(24) U~RESOLVED CASES.-The term "unre16 solved cases" means unresolved abduction cases and 

17 unresolved access cases. 

18 SEC. 4. FUNDING. 

19 Amounts necessary to carry out this Act shall be 

20 taken out of the discretionary funds available to the Sec21 retary of State for each of the fiscal years 2014 through 

22 2018. 
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80939a-18.eps

18 

TITLE I-DEPARTMENT OF 

2 STATE ACTIONS 

3 SEC. 101. ANNUAL REPORT. 

4 (a) b GENl£RAL.-:\fot later than March 31 of each 

5 year, the Secretary of State shall submit to the appro6 priate congressional committees an Anllual Report on 

7 International Child Abduction. 

8 (b) CONTEKTs.-Each ~~nnual R,eport shall, ''lith re9 sped to the preeeding year, indude the following: 

10 (1) For each country ''lith respect to which 

II there was 1 or more abduction cases: 

12 (A) Whether the country is a Convention 

13 country, an MOU country, or a nonparty coun14 try. 

15 (B) The number of abduction cases and 

16 the number of rights of a(~eess (~ases, respe(~-

17 tivcly, reported. 

18 (0) The number of abduction cases and 

19 the number of access cases, respectively, that 

20 are pending. 

21 (D)(i) The numher of abdndion eases amI 

22 the number of access cases, respectively, that 

23 were pending at any point for more than 90 

24 days after the date on which the Central Au25 thority of the United States transmitted the ap-
21


80939a-19.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

19 

plieation for eaeh ~ueh (~a~e to the Central Authority of such country, and were not submitted 

hy the Central Authority to the judi(~ial or administrative authority, as applicable, of such 

country ,vi thin the 90-day period. 

(ii) The reason for the delay in submissioll 

of each case identified in clause (i) by the Central Authority of ~ueh eountry to the judi(~ial or 

administrative authority. 

(E) The number of unresolved abduction 

cases and ullresolved access cases, respectively, 

and the length of time each case has been pendmg-. 

(F) The number of unresolved cases in 

whieh law enforeernent ha~ failed to lo(~ate the 

abducted child or to enforce a return order or 

determinations of rights of access rendered by 

the judicial or admillistrative authorities of 

such country. 

(G) The median time required for resolution of abduction cases and access cases, respectively, to be measured from the date on 

which the application with respect to the abduction case or access case is transmitted by the 

Central Authority of the United States to the 
22


80939a-20.eps

20 

Central Authority of su(~h eountry to the date 

2 on which the abduction case or access case is 

3 resolved. 

4 (H) The percentage of the total number of 

5 abduction cases and access cases, respectively, 

6 resolved. 

7 (I) Detailed information about each case 

8 deserihed in suhparagTaph (C) and on adions 

9 taken by the Department of State to resolve 

10 such case, including the specific actions taken 

11 by the United States chief of mission in such 

12 country. 

13 (.T) Re(~ommendations to improve resolu14 tion of abduction cases and access cases. 

15 (2) The number of ahdu(~ted ehildren from the 

16 United States who were returned to the LIlited 

17 States from Conventions countries, MOlT countries, 

18 and nOllparty countries, respectively. 

19 (3) A list of Convention countries and ~IOlT 

20 countries that have failed to comply with any of 

21 their obligations under the Hague Abduction Con22 vention or the YIOr, as applicable, vvith respect to 

23 the resolution of abduction cases alld access cases. 

24 (4) A list of countries demonstrating a pattern 

25 of noncooperation, and a summary of the criteria on 
23


80939a-21.eps

21 

whidl the determination of a pattern of noneoopera2 tion for each country is based. 

3 (5)(A) Information on efforts llY the Seeretal7 

4 of State to ellcourage other coulltries to become sig5 natories to the Hague Abduction Convention or to 

6 ellter into an MOU. 

7 (B) The efforts referred to in subparagraph (A) 

8 shall indude efforts to address pending alHluetion 

9 cases and access cases in such country. 

I 0 ( 6) A d escripti on of th e efforts of th e Secretal7 

11 of State to encourage Convention coulltries alld 

12 MOU countries to facilitate the work of nongovern13 mental organizations within their respeetive eoun14 tries that assist left-behind parents. 

15 (e) EXCEPTION.-The Annual Report shall not 1n16 clude17 (1) the names of left-behind parents or children 

18 involved in abduction cases or access cases; or 

19 (2) information that may identify a party lll20 volved ill an abduction case or access case unless the 

21 party stipulates in yvriting to the Central Authority 

22 of the United States that such information may be 

23 included in the l\.llnual Report. 

24 (d) ADDITIONAL THEMATIC SECTIOKS.-Each An25 nual Report shall also include-
24


80939a-22.eps

22 

(1) information on the numher of unre~olved 

2 cases affecting left-behind parents who are military 

3 parent~ and a ~ummary of a~~i~tan(~e offered to ~ueh 

4 left-behind parents; 

5 (2) information on the use of airlines in abduc6 tions, including which airlincs have bccn utili:6ed to 

7 carry out an abduction, voluntary airline practices to 

8 prevent ahduetions, and reeommendation~ for he~t 

9 airline practices to prevent abductions; 

10 (3) information on actions taken by the Central 

11 Authority of thc United States to train domestic 

12 judges in application of the Hague Abduction Oon13 venti on; and 

14 (4) information on actions taken by the Central 

15 Authority of the United 8tate~ to train 1~nited 

16 States ~\rmed ]1'orces legal assistance personnel, 

17 military chaplains, and military family support cen18 ter persOllllel about abductions, the risk of loss of 

19 access to children, and the legal frameworks avail20 able to resolve such cases. 

21 (e) REPEAL OF THE HAGUE CONVEKTIO~ COlYIPLI22 A~~'JCE REPORT .-Section 2803 of the Foreign Affairs R,e23 fOl1Il and Restructuring" Act of 1998 (42 U.S.G. 11611) 

24 is repealed. 
25


80939a-23.eps

28 

1 SEC. 102. STANDARDS AND ASSISTANCE. 

2 The Seeretary of State shall ensure that 1~ nited 

3 States diplomatic and consular missions abroad4 (1) maintain a consistent reporting standard 

5 with respect to abductioll cases and access cases in6 volving abducted children in the country in which 

7 sueh mission is lomJ.ted for purposes of the AIlllual 

8 Report; 

9 (2) designate at least one official in each such 

10 mission to assist left-behind parents from the C nited 

11 States who are visiting such country to resolve cases 

12 involving an abduction or rights of access; and 

13 (3) monitor developments in cases involving ab14 ducted children in the country in which such mission 

15 is located. 

16 SEC. 103. MEMORANDUM OF UNDERSTANDING. 

17 (a) IN GENERAL.-The Seeretary of State shall seek 

18 to enter into an MOU yvith every country that is not a 

19 Convention country. 

20 (b) lVlO U PROVISlO.:-.rS.-.A.ll lVlO U shall illclude, with 

21 respect to the applicable yrOU country22 (1) identifieation of the Central Authority; 

23 (2) a protocol to identify, locate, and effectuate 

24 the return of an abducted child identified in an ab25 duction case not later than 6 weeks after the appli26 cation with respect to the abduction case has been 
26


80939a-24.eps

24 

submitted to the judicial or administrative authority, 

2 as applicable, of the country in which the abducted 

3 ehiIa is located: 

4 (3) a protocol for the establishment and protec5 tion of the rights of access; 

6 (4) idelltification of the judicial or administra7 tive authority that will promptly adjudicate abduc8 tion (~ases and c:w(~ess eases; 

9 (5) identification of a law enforcement agency 

10 and available law enforcement mechanisms and pro11 cedures to ensure the immediate enforcement of all 

12 order issued by the authority identified pursuant to 

13 paragraph (4) to return an abducted child to a left14 behind parent, inc.lucling by15 (A) eonducting an investigation to ascer16 tain the location of the abducted child; 

17 (B) providing protection to the abducted 

18 child after such child is located; and 

19 (C) retrie~ving the abducted child and mak20 ing the appropriate arrangements for such child 

21 to be returned to the country of habitual reSl22 dence; 

23 (6) a protocol to establish periodic visits be24 tween a United States embassy or consular official 
27


80939a-25.eps

25 

and an abduded drild to allow the offi(~ial to aseer2 tain the child's location and welfare; and 

3 (7) sueh other provisions as deterrrrined to he 

4 appropriate by the Secretary of State. 

5 (c) RUT,R OF C(NSTR.rCTTO~.-

6 (1) 11'\ GENERAL.-Nothing in this Act shall be 

7 construed to prohibit the United States from pro8 pm.;ing amI entering into a memorandum of under9 standing with a Convention country to further clar10 ify the reciprocal obligations of the United States 

11 and the Convention country under the Hague Ab12 duction Convention. 

13 (2) TREATMENT OF OBLIGATIOXS OF CO~VEN14 TION COUNTRY.-In those instances in which there 

15 is a memoramlum of understanding as deserihed in 

16 paragraph (1), the obligations of the Convention 

17 country under such memorandum shall be consid18 ered to be obligations of such country under the 

19 Hague Abduction Convention for pUl1)oses of this 

20 Act. 

21 SEC. 104. NOTIFICATION OF CONGRESSIONAL REPRESENT22 ATIVES. 

23 (a) NO'l'H'ICA'l'lO.:--.r.-Except as provided in sub24 section (b), the Secretary of State shall notify in \vriting 

25 the Member of Congress and Senators representing the 
28


80939a-26.eps

26 

leg-al re~iaenee of a left-behind parent when sueh parent 

2 reports an abduction to the Central Authority of the 

3 United 8tate~. 

4 (b) EXCJ!JPTlOl\.-'1'he notification requirement under 

5 subsection (a) shall not apply if the left-behind parent 

6 does not consent to the notification described in such sub7 section. 

8 (e) MEMBER OF CO~CmESS DEFI~ED.-In this ~e(~-

9 tioll, the term "Member of Congress" means a Represent10 ative in, or Delegate or Resident Commissioner to, the 

11 Congress. 

12 TITLE II-PRESIDENTIAL 

13 ACTIONS 

14 SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRE15 SOLVED CASES. 

16 (a) RJ!JSPONSE '1'0 INTERNATlOl\AL CHILD ABDUC17 TIO~8.-

18 (1) Ul\ITJ!JD STATES POLICy.-lt shall be the 

19 policy of the United States to20 (A) promote the best interest of children 

21 abducted from the United States by estab22 lishillg legal rights and procedures for their 

23 prompt return and by promoting such rights 

24 and procedures through actions that ensure the 
29


80939a-27.eps

27 

enforeernent of reeipro(~al international obliga2 tions; and 

3 (B) re(~ognize the international eharaeter 

4 of the Hague Abduction Convention, and the 

5 need for reciprocity pursuant to and the uni6 form international interpretation of the Hague 

7 Abduction Convention, by promoting the timely 

8 resolution of ahduetion eases and aeeess (~ases 

9 through 1 or more of the actions described in 

10 section 205. 

11 (2) REQUlR1£lVLENT 01" PRESIDENTIAL AC12 'l'TON.-'''11enever the President determines that the 

13 government of a foreign (~ountry has failed to resolve 

14 an unresolved abduction case or ulll'esolved access 

15 ease, the President shall oppose sudl failure through 

16 one or more of the actions described in subsection 

17 (b). 

18 (b) PRESIDENTL~ ACTlo.:-.rs.-

19 (1) I~ GEKERAL.-Subject to paragraphs (2) 

20 and (3), the President, in consultation v.~th the Sec21 retary of State, shall, as expeditiously as practicable 

22 in response to the failure described in subsection (a) 

23 by the government of a foreign country, take 1 or 

24 more of the actions described in paragraphs (1) 

25 through (18) of section 205(a) (or commensurate ac-
30


80939a-28.eps

28 

tion as provided in sedion 205(b)) "\vith resped to 

2 such country. 

3 (2) DEADLINE FOR ACTIONS.-

4 (A) l.\f OB.\fERAL.-Except as provided III 

5 subparagraph (TI), not later than March 31 of 

6 each year, the President shall take 1 or more 

7 of the actions described in paragraphs (1) 

8 through (18) of se(~tion 205 (a) (or (~Onllnensu9 rate action as provided in section 205(b)) with 

I 0 respect to each foreign country the government 

11 of which has failed to resolve an unresolved ab12 duction case or access case that is pending as 

13 of sueh date. 

14 (B) EXCEPTIO~.-In the case of an action 

15 under any of paragTaphs (11) through (18) of 

16 section 205(a) (or commensurate action as pro17 vided in section 205(b))-

18 (i) the action may only be taken after 

19 the requirements of sections 20:3 and 204 

20 have been satisfied; and 

21 (ii) the March :31 deacUine to take the 

22 action shall not apply. 

23 (3) AUTHORITY l"OR DELAY 01" PRESlDENTLU 

24 ACTIONS.-The President may delay action de25 scribed in any of the paragraphs (11) through (18) 
31


80939a-29.eps

29 

of sedjon 205( a) (or eornrnensurate ~wtion as pro2 vided in section 205(b)), as required under para3 gnlph (2), if the President determines and (~ertifies 

4 to the appropriate congressional committees that a 

5 single, additional period of time, not to exceed 90 

6 days, is necessary7 (A) for a continuation of negotiations that 

8 have been eornrneneed with the (~(mntry to re9 solve the unresolved case; or 

10 (TI) ill anticipation that the case ,vill be re11 solved by such country during such 90 day pe11 riod. 

13 (e) L\IPLElVIENTATIO~.-

14 (1) IN GENERAL.-In carr}'ing out subsection 

15 (1)), the President shall16 (A) take 1 or more actions that most ap17 propriately respond to the nature and severity 

18 of the failure to resolve the unresolved cases; 

19 and 

20 (TI) seek to the fullest eAient possible to 

21 target action as narrowly as practicable ,,'ith re22 spect to the agencies or instrumentalities of the 

23 foreign govermnent that are responsible for 

24 such failures. 
32


80939a-30.eps

80 

(2) GrIDELIKES FOR PRESIDENTBL AC2 TIONS.-In addition to the guidelines under para3 gnlph (1), the President, in determining- whether to 

4 take 1 or more actions ullder paragTaphs ( 11) 

5 through (18) of section 205(a) (or commensurate ac6 tion as provided in sectioll 205(b)), shall seek to 

7 minimize any adverse impact on8 (A) the population of the eountry whose 

9 government is targeted by the action or actions; 

10 and 

11 (B) the humanitarian acti vi ties of C nited 

12 States and foreign nongovernmental organi7.a13 tions in the eountry. 

14 SEC. 202. PRESIDENTIAL ACTIONS IN RESPONSE TO PAT15 TERNS OF NONCOOPERATION IN CASES OF 

16 INTERNATIONAL CHILD ABDUCTIONS. 

17 (a) R,ESPONSE TO A PATTER~ OF KONCOOPERA18 TlO.:-.r.-

19 (1) UKITED STATES POLICY.-It shall be the 

20 policy of the United States to21 (A) oppose institutional or other systemic 

22 failures of foreign governments to fulfill their 

23 obligatiolls pursuant to the Hague Abductioll 

24 Convention or MOU, as applicable, to resolve 

25 abduction cases and access cases; and 
33


80939a-31.eps

2 

3 

4 

5 

81 

(B) promote reeipro(~ity pursuant to and 

compliance vvith the Hague Abduction Convention hy Convention eountries and (~omplianee 

with the applicable MO U by MO U coulltries. 

(2) REQUIREMENT OF PRESIDENTIAl, AC6 'l'lON.-Wheneyer the Presidellt determines that the 

7 government of a foreign country has engaged in a 

8 pattern of noneooperation, the President shall pro9 mote the resolution of the unresolved cases through 

10 one or more of the actions described in subsection 

11 (c). 

12 (b) DESIGNATIONS OF COTJNTRTES WITH PATTERNS 

13 OF KONCOOPERATION IN CASES OF INTERNATIO~AL 

14 CHILD ABDUCTIOK.-

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(1) ANNUAL REv'1EW.-

(A) IN Gl£Nl£l:L~.-Not later than March 

:31 of each year, the President shall review the 

status of abduction cases alld access cases ill 

each foreign country to determine whether the 

government of such country has engaged in a 

pattern of noncooperation during the preceding 

12 months or since the date of the last review 

of such coulltry under this subparagraph, 

whichever period is longer. The President shall 

desigl1ate each country the government of which 
34


80939a-32.eps

82 

has engaged in a pattern of n()ll(~ooperation as 

2 a Country vVith a Pattern of :\foncooperation. 

3 (B) BASIS OF REv'IEW.-Eaeh review eon4 ducted under subparagraph (A) shall be based 

5 upon information contained in the latest Annual 

6 Report and on any other evidence available. 

7 (2) DETERMI~ATIONS OF RESPONSIBLE PAR8 TIEs.-For the government of ea(·h eountry cles9 ignated as a Country ~With a Pattern of N oncooperalOtion under paragTaph (1 HA), the President shall 

11 seek to determine the agencies or instrumentalities 

12 of such government that are responsible for the pat13 tern of non(~ooperation by sueh government in order 

14 to appropriately target actions under this section in 

15 response. 

16 (3) COl\GRESSlONAL NO'l'lFICA'l'lON.-Whenever 

17 the President designates a country as a Country 

18 With a Pattern of .:.Joncooperation under paragraph 

19 ( 1) (A), the President shall, as soon as practicable 

20 after such designation is made, transmit to the ap21 propriate congressional committees22 (A) the designation of the country, signed 

23 by the President; and 
35


80939a-33.eps

88 

(B) the identifi(~ation, if any, of responsible 

2 agencies or instrumentalities determined under 

3 paragTC:lph (2). 

4 (c) PfU!]SlDENTlAL ACTIONS WITH RESPECT '1'0 A 

5 COUNTRY vVTTTT A PATTRRN OF NONCOOPRRATTON.-

6 (1) l.:-.r GKKERAL.-Sul:(ject to paragraphs (2) 

7 and (:3) ,vith respect to each Country \Vith a Pattern 

8 of KOll(~ooperation designated under subseetion 

9 (b) ( 1 )(A), the President shall, after the require10 ments of sections 20;3 and 204 have been satisfied, 

11 but not later than 90 days (or 180 days ill case of 

12 a delay under paragraph (2)) after the date of such 

13 designation of the (~ountry under sueh subse(~tion, 

14 take 1 or more of the actions under paragraphs (11) 

15 through (lR) of se(~tion 205(a) (or (~ornrnem;urate cw16 tion as provided ill section 205(b)). 

17 (2) AUTHORITY FOR DELAY OF PRESIDENTLU 

18 ACTIONS.-lf, on or before the date that the Presi19 dent is required to take action under paragraph (1), 

20 the President determines and certifies to the appro21 priate congressional committees that a single, acldi22 tional period of time not to exceed 90 days is nec23 essary24 (A) for a continuation of negotiations that 

25 have been commenced ,,~th the government of 
36


80939a-34.eps

84 

~ueh eountry to bring about a (~e~~ation of the 

2 pattern of noncooperation by such country, or 

3 (B) for a review of eorre(~tive a(~tion taken 

4 by such country after designation of such coun5 try as a Country \Vith a Pattern of Kon6 cooperation under subsection (b)( 1) (A) 01' in 

7 anticipation that corrective action \vill be taken 

8 hy ~ueh (~ountIy during ~Udl gO-day period, 

9 the President shall not be required to take such aclOtion until the eA'J)iration of such period of time. 

11 (3) EXGEP'l'lON FOR ONGOING PRJ<;SlDJ<;N'l'LU 

12 AC'l'TON.-

13 (A) IN C+ENERAL.-The President ~hall not 

14 be required to take action under paragraph (1) 

15 with respeet to a Country vVith a Pattern of 

16 Koncooperation if17 (i) the President has taken action 

18 pursuant to paragraph (1) with respcct to 

19 such countly in a preceding year, such ac20 tion is in effect at the time such country 

21 is designated as a Countly with a Pattern 

22 of Noncooperation under subsection 

23 (b) (1 HA), and the Prcsident submits to 

24 the appropriate congressional committees 

25 the information described in section 204 
37


80939a-35.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

85 

reganling the ~wtions in effed, with resped 

to such country; or 

(ii) sulije(~t to suhparagnJ.ph (B), the 

President determines that such country is 

subjeet to multiple, broad-based sanetions 

imposed in significant part in response to 

human rights abuses and that such sanctions also satisfy the requirements of this 

subseetion. 

(TIl ADDT'T'TO,\ATJ R.EQum.E:\fEN'T's.-Tf the 

President makes a determination under subparagraph (A)(ii)-

(i) the report under se(~tion 204 and, 

as applicable, the publication in the Federal Register under sedion 208, shall 

16 speci~y the specific sanction or sanctions 

17 that the President has determined satisfy 

18 the requirements of this subsection; and 

19 (ii) such sanctions shall remain in ef20 feet sUQject to section 209. 

21 (el) Rl~LE OF CO~STRUCTIO~.-A determination 

22 under this section that a foreign country has engaged in 

23 a pattern of noncooperation shall not be construed to re24 quire the termination of assistance or other activities with 

25 respect to sueh country under any other provision of law, 
38


80939a-36.eps

86 

induding se(~tion 116 or f)02B of the Foreign Assistanee 

2 Act of 1961 (22 U.S.C. 2151(n) or n04). 

3 SEC. 203. CONSULTATIONS. 

4 (a) DUTY '1'0 CONSCLT WITH FOKI£IGN GOVl£RN5 :\m~TS.-

6 (1) l.:--.r GEl\ElLU.-As soon as practicable after 

7 the President makes a determination under section 

8 201 in response to failures to re80lve unresolved 

9 cases and the President decides to take action under 

10 paragTaphs (11) through (18) of section 205(a) (or 

11 commensurate action as provided in section 205(b)) 

12 \vith respect to that country, or not later than 90 

13 days after the President cle8igTulte8 a eountry as a 

14 Country'Vith a Pattern of Noncooperation pursuant 

15 to se(~tion 202(h)(1)(A), the President shall16 (A) request consultation with the govern17 ment of such country regarding the failures giv18 ing rise to designation of that country as a 

19 Country 'With a Pattern of Noncooperation re20 garding the pattern of noncooperation or to ac21 tion uncleI' section 201; and 

22 (B) if agreed to, enter into such consult a23 tions with such country, privately or publicly. 

24 (2) DUTY TO CONSl~LT \\'ITH LEFT-BEHIND 

25 PARljJNTS.-The President shall consult ,vith left-be-
39


80939a-37.eps

87 

hind parents who have an abdu(~tion ease involving 

2 a child located in the country referenced in para3 gnlph (1) (A), or desig'Ilated representatives or rep4 resentative groups of such left-behind parents, dur5 ing the course of the consultations conducted pursu6 ant to paragraph (1) concerning the potential impact 

7 of such consultations on the resolution of such cases. 

8 SEC. 204. REPORT TO CONGRESS. 

9 (a) 1K GENERAL.-Subject to subsection (b), not 

10 later than 90 days after the President makes a determina11 tion under section 201 in response to failures to resolve 

12 unresolved cases and the President decides to take action 

13 umler paragraphs (11) through (18) of seetion 205(a) (or 

14 commensurate action as provided in section 205(b)) ~with 

15 respe(~t to that eountry, or not later than 90 days after 

16 the President designates a coulltry as a Country With a 

17 Pattern of Noncooperation pursuant to section 

18 202(b)(1)(A), the President shall transmit to the appro19 pl-iate congressional committees a report on the following: 

20 (1) TDRNTTFTCATTON OF PRRSTDRNTTAT, AC21 TIONS.-An identification of the action or actions 

22 described in section 205(a) (or commensurate action 

23 as provided in section 205(b)) to be takell with re24 spect to such country. 
40


80939a-38.eps

88 

(2) DESCRIPTION OF ~VIOLATIONS.-A deserip2 tion of the failure to resolve an unresolved case or 

3 the pattern of noneooperation, as applieable, giving 

4 rise to the action or actiolls to be takell by the 

5 President. 

6 (3) PCRPOSE 01<' PRESIDENTIAL ACTlONS.-A 

7 description of the purpose of the action or actions. 

8 (4) EVAIXATION.-

9 (A) DESCRIPTIO~.-An evaluation, in con10 sultation ,,~th the Secretary of State, the par11 ties described ill section 203(b), and other par12 ties the President determines appropriate, of 

13 the antieipated impad of the Presidential cW14 tion upon15 (i) pending abdndion (~ases III snell 

16 coulltry; 

17 (ii) the government of such country; 

18 (iii) the population of such country; 

19 (iv) the United States economy; 

20 (v) other interested parties; and 

21 (vi) if such country is a Convention 

22 country or an YIOr country, the reciprocal 

23 fulfillmellt of obligations pursuant to such 

24 Convention or applicable MOU, as applica25 ble. 
41


80939a-39.eps

89 

(B) FORM.-The evaluation umler sub2 paragTaph (A) shall be transmitted in unclassi3 fied form, hut may eontain a dassified annex if 

4 necessary. 

5 (5) STATR:\mNT OF POT,ICY OPTTONS.-A state6 mCllt that lloncconomic policy optiolls dcsigncd to 

7 resolve the unresolved case or bring about the ces8 sation of the pattern of noneooperation have reason9 ably been exhausted, induding the consultations re10 quired ill section 20;3. 

11 (b) DJ<;LAY IK TRANSNll'l''l'AL 01<' RJ<;POR'l'.-lf, 011 or 

12 before the date that the President is required to submit 

13 a report under subseetion (a) to the appropriate (~ongres14 sional committees, the President determines and certifies 

15 to SUdl eommittees that a single, additional period of time 

16 llot to cxcccd 90 days is ncccssary pursuant to scctioll 

17 202(c)(2), the President shall not be required to submit 

18 thc rcport to such committccs ulltil thc cxpiration of such 

19 period of time. 

20 SEC. 205. PRESIDENTIAL ACTIONS. 

21 (a) DESCRIPTION OF PRESIDEKTIAL ACTIO~S.-Ex22 cept as provided in subsection (c), the Presidential actions 

23 refcrrcd to ill this subscctioll arc thc following: 

24 (1) A private demarche. 

25 (2) An official public demarche. 
42


80939a-40.eps

40 

(:1) A publi(~ eondemnation. 

2 (4) A public condemnation vvithin one or more 

3 multilateral fora. 

4 (5) The delay or cancellatio11 of Ol1e or more 

5 scientific exchanges. 

6 (6) The delay or cancellatio11 of Ol1e or more 

7 cultural exchanges. 

8 (7) The denial of one or more working, offi(~ial, 

9 or state visits. 

10 (8) The delay or cancellation of one or more 

11 working, official, or state visits. 

12 (9) A formal request to the foreign country con13 eerned to extradite the individual who is engaged in 

14 abduction. 

15 (10) The restrietion of the number of VIsas 

16 issued to nationals of such country pursuu11t to sub17 paragraphs (F), (,J), or (M) of section 101(a)(15) of 

18 the Immigration and Natio11ality Act (8 U.S.C. 

19 1101(a)(15)). 

20 (11) The ,,~thdrawal, limitation, or suspension 

21 of United States development assistance in accorcL22 ance ,,-ith section 116 of the Foreign Assistance Act 

23 of 1961 (22 U.S.C. 215111). 

24 (12) Directing the EJ<.l)Ort-Import Bank of the 

25 United States, the Overseas Private Investment Cor-
43


80939a-41.eps

41 

poration, or the Trade and Development Ageney not 

2 to approve the issuance of any (or a specified num3 her of) guarantees, insuranee, eA'tensions of eredit, 

4 or participatiolls in the extellsioll of credit with re5 spect to such government or the agency or instru6 mClltality of such gOVCrlnllellt determilled by the 

7 President to be responsible for such unresolved case 

8 or pattern of noneooperation, as applieahle. 

9 (1:3) The withdrawal, limitation, or suspension 

10 of rnited States security assistance in accordance 

11 with section 502B of the Poreigll Assistallce Act of 

12 19G1 (22 U.S.C. 2304). 

13 (14) In aeeonlanee ~with sedjon 701 of the 

14 International Financial Institutions Act of 1977 (22 

15 U.S.C. 262d), dire(~ting the United States exeeutive 

16 directors of interllatiollal finallcial institutiollS to op17 pose and vote against loans primarily benefitting 

18 such government or the agellCY or instrumentality of 

19 such government determined by the President to be 

20 responsible for such unresolved case or pattern of 

21 noncooperation, as applicable. 

22 (15) The denial, vvithdrawal, suspension, or lim23 itation of benefits provided pursuant to title V of the 

24 Trade Act of 1974 (19 U.S.C. 24G1 et seq.), reI at25 ing to the Generali7.ed System of Preferences. 
44


80939a-42.eps

42 

(IG) Ordering the heads of the appropriate 

2 United States ageneies not to issue any (or a speei3 fied number of) speeifi(~ li(~enses, ana not to gnmt 

4 any other speeifie authority (or a speeified number 

5 of authorities), to export any goods or teehnology to 

6 sueh government 01' to the ageney or instrumentality 

7 of sueh government determined by the President to 

8 he responsible for sneh unresolved (~ase or pattern of 

9 noneooperation, as applieable, uncLer10 (A) the Export Administration Aet of 1979 

11 (as eontinued in cffed under the International 

12 Emergeney Eeonomie Powers Aet); 

13 (B) the Arms E}"1)Ort Control A(~t; 

14 (C) the Atomie Energy Aet of 1954; or 

15 (D) any other statute that re(lllires the 

16 prior review and approval of the Cnited States 

17 Government as a eondition for the export or re18 export of goods or serviees. 

19 (17) Prohibiting any United States finaneial in20 stitution from making loans or providing eredits to21 taling more than $10,000,000 in any 12-111onth pe22 riod to sneh government or to the ageney or instrn23 mentality of sueh goVerlnllent determined by the 

24 President to be responsible for sueh unresolved ease 

25 or pattern of noneooperation, as applieable. 
45


80939a-43.eps

48 

(lR) Prohibiting the United States Government 

2 from procuring, or entering into any contract for the 

3 proeurement of, any goods or serviees from suell 

4 government 01' from the agency 01' instrumelltality of 

5 such government determined by the President to be 

6 responsible for such unresolved case or pattern of 

7 noncooperation, as applicable. 

8 (h) C01\TMENS1JRATE ACTION.-Exeept as provided in 

9 subsection (c), the President may substitute any other aclOtion authorihed by law for any action described ill sub11 section (a) if such action is commellsuratc in effect to the 

12 action substituted and if such action would further the 

13 purposes of this A(~t as spe(~ified in seetion 2 ( (~). The Presi14 dent shall seek to take all appropriate and feasible actions 

15 authorized hy law to resolve the unresolved ease or to ob16 tain the cessatioll of such pattern of nOllcooperation, as 

17 applicable. If commensurate action is taken under this 

18 subsectioll, the President shall transmit to the appropriate 

19 congressional committees a report on such action, together 

20 v\~th an explanation for taking such action. 

21 (c) EXCEPTIOKS.-Any action taken pursuant to sub22 section (a) or (b) may not prohibit or restrict the provision 

23 of medicine, medical equipment 01' supplies, food, or other 

24 life-saving humanitarian assistance. 
46


80939a-44.eps

44 

1 SEC. 206. EFFECTS ON EXISTING CONTRACTS. 

2 The Pre~ident ~hall not be requirell to apply or main3 tain any action under section 205-

4 (1) in the case of procurement of defense arti5 cles or defense services6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(A) under existing contracts or subeontnwt~, ill(~lndin/Z the exerei~e of option~ for 

production quantities, to satisfY requirements 

essential to the national security of the rnited 

States; 

(B) if the President determines in \vriting 

and transmits to the appropriate congTessional 

committees a report that the government or the 

agency or instrumentality of such government 

to which such action would otherwise be applied 

is a sole source supplier of such defense articles 

or ~erviee~, that sneh defen~e arti(~le~ or ~ervices are essential, and that alternative sources 

are not readily or reasonably available; or 

(e) if the President determines in writing 

and transmits to the appropriate congressional 

eornrnittee~ a report that ~mdl llefense artide~ 

or services are essential to the national security 

of the rnited States under defense co-production agreements; or 
47


80939a-45.eps

45 

(2) to pro(hwt~ or ~ervi(~e~ provided under eon2 tracts entered into before the date on which the 

3 Pre~ident publi~he~ in the Federal Regi~ter notiee of 

4 such action in accordance with section 208. 

5 SEC. 207. PRESIDENTIAL WAIVER. 

6 (a) 11\ GENERAL.-Suqject to subsection (b), the 

7 President may waive the application of any of the actions 

8 <leseribed in paragTaph~ (11) through (18) of ~eetion 

9 205(a) (or commensurate action as provided in section 

10 205(b)) with respect to a country, if the President deter11 mines alld so reports to the appropriate congressional 

12 committees that13 (1) the government of ,mdl eountry ha~ sati~-

14 factorily resolved any abduction cases or access cases 

15 giving ri~e to the applimJ.tion of any of ~ueh aetion~ 

16 and17 (A) if such country is a Convention coun18 try, such country has takell measures to ensure 

19 future compliance ~with the provisions of the 

20 Hague Abduction Convention: 

21 (B) if such country is an MOU country, 

22 such country has taken measures to ensure fu23 ture compliance with the provisions of the YIOU 

24 at issue; or 
48


80939a-46.eps

46 

(C) if su(~h eountry was a nonparty eountry 

2 at the time the abductions or denials of rights 

3 of aeeess resulting in the ahcludion eases or cw4 cess cases occurred, such country has become a 

5 Convention country or an Y[Or country; 

6 (2) the exercise of such waiver authority would 

7 further the purposes of this Act; or 

8 (:1) the important national interest of the 

9 United States requires the exercise of such waiver 

10 authority. 

11 (b) CO.:--.rG1U£SSlO.:--.rAL NO'l'H'ICA'l'lON.-.:.Jot later than 

12 the date of the exercise of a waiver under subsection (a), 

13 the President shall notify the appropriate (~ongTessional 

14 committees of such waiver or the intention to exercise such 

15 waiver, together \vith a detailed justifieation thereof. 

16 SEC. 208. PUBLICATION IN FEDERAL REGISTER. 

17 (a) 11\ GENERAL.-Subject to subsection (b), the 

18 President shall ensure publication in the j1'ederal Register 

19 of the following: 

20 (1 ) DETER.1Vn~NrTONS OF (lO\lERNMENTS, 

21 AGENCIES, IKSTRUMEKTALITIES OF COU~TRIES 

22 ,\lITH PATTERKS OF XONCOOPERATION.-Any des23 ignation of a country that the President has des24 ignated as a Country \Vith a Pattern of N oncoopera25 tion under section 202(b)(1), together ,vith, when 
49


80939a-47.eps

47 

appli(~able and to the extent praetieable, the identi2 ties of agencies or instrumentalities determined to be 

3 responsible for slwh pattern of nOlwooperation. 

4 (2) PRJ!JSlDEN'l'L~ AC'l'lO.\fS.-A description of 

5 any action under paragraphs (11) through (18) of 

6 section 205(a) (or commensurate action as provided 

7 in section 205(b)) and the effective date of such ac8 tion. 

9 (3) DELAYS IN TRANS::\IITTAL OF PRESI10 DRNTL\T, ACTION REPORTS.-Any delay in trans11 mittal of a report required under section 204. 

12 (4) "W ATVRRS.-Any waiver issued under section 

13 207. 

14 (b) LIMITED DISCLOSURE OF IKFORlVIATIOK.-The 

15 President may limit publi(~ation of information umler this 

16 section in the same manner and to the same extent as 

17 the President may limit the publication of findings and 

18 determinations described in section 654(c) of the j1'oreign 

19 Assistance Act of 1961 (22 U.S.C. 2414(c)), if the Presi20 dent determines that the publication of such informa21 tion22 (1) would be harmful to the national security of 

23 the United States; or 

24 (2) would not further the purposes of this Act. 
50


80939a-48.eps

48 

1 SEC. 209. TERMINATION OF PRESIDENTIAL ACTIONS. 

2 Any ~wtion taken umler this Aet or any amendment 

3 made by this Act with respect to a foreign country shall 

4 terminate on the earlier of the follmving 2 dates: 

5 (1) ':;ot later than two years after the effective 

6 date of such action unless e:X'Pressly reauthorized by 

7 law. 

8 (2) The date on which the President transmits 

9 to Congress a certification containing a determina10 tion of the President that the government of such 

11 country has resolved any unresolved case or has 

12 taken substantial and verifiable steps to eorreet the 

13 pattern of noncooperation at issue, as applicable, 

14 that gave rise to sueh aetion. 

15 SEC. 210. UNITED STATES ASSISTANCE. 

16 (a) IMPLEME~TATION OF PROHIBITION O~ Eco17 XOlVIIC ASSISTANCE.-Seetion 11 G(e) of the Foreign As18 sistance Act of 1961 (22 U.S.C. 2151n(c)) is amended19 (1) in paragraph (2), by striking "and" at the 

20 end; 

21 (2) in paragraph n)(B), by striking the period 

22 at the end and inserting "; amI"; and 

23 (:3) by adding at the end the follmving new 

24 paragTaph: 

25 "( 4) whether the government has engaged in a 

26 pattern of noneooperation regarding abduetion eases 
51


80939a-49.eps

49 

or ae(~e~~ (~a~e~, a~ ~ueh terms are defined in the 

2 Sean and David Goldman International Child Ab3 duetion Prevention and Return Ad of 2018.". 

4 (b) IlVIPLJ:!JNlli.\fTA'l'lON OF PIWHLBITlON ON SJ:!Jcu5 RT'T'Y ASSTS'T'ANCK-Section 502D(a)(4) of the Foreign 

6 Assistallce Act of 1961 (22 U.S.G 2304(a)(4)) is amend7 ed8 (1) In ~ubparagTC:lph (A), hy striking "or" at 

9 the end; 

10 (2) in subparagraph (D), by striking the period 

11 at the end and inserting "; or"; and 

12 (:3) by adding at the end the follov'~ng new s11b13 paragraph: 

14 

15 

16 

17 

18 

"(C) has engaged in a pattern of noneooperation regarding ahduetion (~a~es or aeee~~ 

cases, as such terms are defined in the Seall 

and David Goldman International Child Abduction Prevention and Returll Act of 2013.". 

19 SEC. 211. MULTILATERAL ASSISTANCE. 

20 Section 701 of the International Financial Illstitu21 tions Act (22 U.S.C. 262d) is amended22 (1) by redesignating the second subsection (g) 

23 (as added by Public Law 105-292) as subsectioll 

24 (h); and 
52


80939a-50.eps

50 

(2) hy adding at the end the following new sub2 section: 

3 "(i) In lletermining whether the government of a 

4 coulltry engages in a pattern of gross violations of illter5 nationally recognized human rights, as described in sub6 section (a), the President shall give particular consider7 ation to whether such government has engaged in a pat8 tern of nOll(~ooperation reganling ah(ilwtion eases or cw9 cess cases, as such terms are defined in the Sean and 

10 Davld Goldman International Child Abduction Prevention 

11 and Return Act of 2013.". 

12 SEC. 212. AMENDMENT TO GENERALIZED SYSTEM OF PREF· 

13 ERENCES ELIGIBILITY FOR GENERALIZED 

14 SYSTEM OF PREFERENCES. 

15 Se(~tion 502(1))(2) of the Trade A(~t of 1974 (19 

16 U.S.C. 2462(b)(2)) is amended17 (1) by inserting after subparagraph (H) the fol18 lowillg" new subparagraph: 

19 "(I) Such country is a country vvith a pat20 tern of noncooperation regarding abduction 

21 cases or access cases, as such terms are defined 

22 in the Sean and David Goldman International 

23 Child Abduction Prevention and Return Act of 

24 201:3."; and 
53


80939a-51.eps

51 

(2) in the flush left matter after ~mhparagTaph 

2 (I) (as added by paragraph (1) of this section)-

3 (A) by striking "and (H)" and inserting 

4 "(H)"; and 

5 (TIl by inserting after "D))" the follovving: 

6 "amI (1)". 
54


80939e.eps

2 

AMENDMENT TO H.R. 

OFFERED BY MR. MEADOWS OF NORTH 

CAROLINA 

(Sean and David Goldman International Child Abduction 

Prevention and Return Act of 2013) 

At the end of the bill add the following new title: 

TITLE III-MISCELLANEOUS 

PROVISIONS 

3 SEC. 301. GAO REPORT ON FACILITATION OF ABDUCTION 

4 BY THE GOVERNMENT OF EGYPT. 

5 Kot later th3.ll 180 days after the date of the enaet6 ment of this Aet, the Comptroller General of the United 

7 States shall submit to the appropriate eongressional eOln8 mittees a report on the e).ient to whieh the (Jovernment 

9 of Egypt or entities mmed by the Government of Eg)1)t 

10 eooperate in or otherwise faeilitate the aetions deseribed 

11 in i'mbparagraphs (A), (B), and (C) of seetion :)(2), indud12 ing by providing assistanee to individuals or organizations 

13 tllat engage in any suell aetions or eondueting business 

14 V\ith individuals or organizations that engage in any sueh 

15 aetions. 
55


80939b-1.eps

lLh'H CONGRES8 

1ST 8}JSSlOl\ H. R. 1897 

To proHlot.e freedom and (lem')('Taey in Vietnam. 

1K THE HOUSE OF REPRESE:'-JTATD7ES 

:VLw 8, 201:3 

:VII'. SlVll'l'll of New Jersey (for himself, Mr. ROYCE, Mr. '.VOL}" Ms. LlwGB.K'l, 

and Mr. LOWENTHAl,) introduced the folluwing bill: which was referred 

to tllC Connnittre on 1"orcigl1 Affairs 

A BILL 

To promote freedom and democracy in Vietnam, 

Be it enaeted by the 8enate and IIonse Repn:sentl1-

2 tives of the Fnited States in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHOHT Tl'rLE.-This .Act may be cited as the 

5 "Vietnam Human Rights Act of 2018", 

6 (b) TABLB Ol!' CONTENTS.-Thc table of cOlltcnts for 

7 this Act is as follows: 

Sec. 1. 

Sec. 2. 

S.!!!. " u. 

See. 4. 

St-'e. 5. 

See. 6. 

Short title: table of contents. 

Findings and purpose. 

Prohibition on inereased l10nhulIlanitarian assistanee to the Government 

of Vietnam. 

United States publie diplomacy. 

United Nations Human Rights Couneil. 

Annual report. 
56


80939b-2.eps

2 

1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FIKDING8.-Congn~ss fimls the foll<r\ving: 

3 (1) The relationship between the United States 

4 and the Socialist Republic of Vietnam has grown 

5 substantially since the end of the trade embargo ill 

6 19~J4, ~with allnual trade between the two countries 

7 reaehing nearly $25,000,000,000 in 2012. 

8 (2) The Goyernment of Vietnam's transition to9 ward greater economic freedom and trade has not 

10 been matched by greater political freedom and sub11 stantial improvements in basic human rights for Vi12 etnamese citi7.ens, including freedom of religion, ex13 pression, association, and assembly. 

14 (3) The United States CongTess agreed to Viet15 nam becorninp!, an official member of the ,Vorld 

16 Trade Organization in 2006, amidst assurances that 

17 the Government of Vietnam was steadily impruving 

18 its human rights record and would continue to do so. 

19 (4) Vietnam remains a one-party state, ruled 

20 and controlled by the Communist Party of Vietnam 

21 (CPV) , which continues to deny the right of citizens 

22 to ehange their Government. 

23 (5) Although in recent years the K ational As24 sembly of Vietnam has played an increasingly active 

25 role as a forum for highlighting local COHcerns, COl"-

26 rnption, and ineffic.iency, the Nati01lal Assembly re-
57


80939b-3.eps

:1 

mams snhjed, to the diredion of the crv 1:111(1 the 

2 CPV maintains control over the selection of can3 diaates in national and loeal eleetions. 

4 (6) The Government of Vietnam forbids public 

5 challenge to the legitimacy of the one-party state, re6 stricts freedoms of opinion, the press, and associ a7 tion and tightly limits access to the Internet and 

8 teleeommnnieation. 

9 (7) Since Vietnam's acceSSlon to the \VTO on 

]0 ,January 11,2007, the Government of Vietnam arbi11 trarily arrested and detained llUllWl"OUS individuals 

12 for their peaceful advocacy of religious freedom, deB moeraey, and human rights, in(~luding Father 

14 Ngl1yen Van Ly, human rights Imvyers I\guyell Van 

15 Dai, Le T11i Cong Nhan, eu Huy Ha Vu, amI Le 

16 Cong Dinh, and bloggers Nguyeu Van Hai, Ta 

17 Phong Tan, and Le Van Son. 

18 (8) '1'he Govermlleut of Vietnam continues to 

19 detain, imprison, place under house arrest, convict, 

20 or othenvise restrict persons for the peaceful e}qwes21 sion of dissenting political or religious views. 

22 (9) The Government of Vietnam continues to 

23 detain labor leaders and restricts the right to orga24 nize independently. 
58


80939b-4.eps

4 

(10) The Government of Vietnam ('ontinnes to 

2 limit the freedom of religion, restrict the operations 

3 of indepemlent religious organizations, and perseeute 

4 believers whose religious activities the Goverllment 

5 regards as a potential threat to its monopoly on 

6 power. 

7 (11) Despite reported progress in church open8 ings and legal registrations of religious venues, the 

9 Govenllllent of Vietnam has halted most positive aclOtions since the Department of State lifted the "coun11 try of particular concern" (CPC) designatioll for 

12 Vietnam in November 200G. 

13 (12) Unregistered ethnic: minority Protestant 

14 congregations, particularly MOlltagnards in the Cen15 iral and Northwest Highlands, suffer severe abuses 

16 because of actions by the Government of Vietnam, 

17 which have included forced renunciations of faith, 

18 arrest alld harassment, the withholding of social pro19 grams provided for the general population, confisca20 tioll and destnwtioll of property, sUQjection to severe 

21 beatings, and reported deaths. 

22 (1:3) There has been a pattern of v-:iolent re23 spOllses by the Govermneut to peaceful prayer vigils 

24 and demonstrations by Catholics for the return of 

25 Government-confiscated church properties. Pro-
59


80939b-5.eps

testers have been harassell, beaten, and detained 

2 and church properties have been destroyed. Catholics 

3 also eontinue to fcwe some restrietions on seleetion 

4 of clergy, the establishment of seminaries and senuS nary candidates, and indiv'idual cases of travel and 

6 church registration. 

7 (14) In May 2010 the viJlage of Con Dan, a 

8 Catholi(~ parish in Da Nang, faeed e::walatea violen("e 

9 during a funeral procession as police attempted to 

10 prohibit a religions burial in the village cemetery; 

11 more than 100 villagers were il~jured, 62 were a1'-

12 rested, five were tortured, aml at least three died. 

13 (15) The rnified Buddhist Chnreh of Vietnam 

14 (UBCV) suffers persecution as the Government of 

15 Vietnam eontinnes to restrid, eontaets and rnove16 meat of senior U BeV elerg:y for refusing to join the 

17 state-sponsored Buddhist organization, the Govern18 mellt restricts expression aud assembly, and the 

19 Government continues to harass and threaten UBCV 

20 monks, nuns, and youth leaders. 

21 ( 16) The Government of Vietnam continues to 

22 suppress the activities of other religious adherents, 

23 including Cao Dai and Hoa Hao Buddhists who lack 

24 official recognition or have chosen not to affiliate 

25 vv'ith the state-sanctioned gTOUpS, including through 
60


80939b-6.eps

6 

the u~e of tletention, impri~()nment, and ~trid Gov2 ernment oversight.. 

3 (17) Many }Iontagnard~ and others are still 

4 serving lOllg prison sentences for their involvement 

5 in peaceful demonstrations ill 2001, 2002, 2004, 

6 and 2008. l\:loutag'IUU'ds continue to face threats, de7 tention, beatings, forced renunciation of faith, prop8 erty de~tru('tion, re~tri(~ted movement, and reportea 

9 deaths at the hands of Government officials. 

]0 (18) Ethnic minority TTmollg ill Northern Viet11 nam, the )J orthwest Highlands, and the CClltral 

12 Highlands of Vietnam also suffer restrictiom;, confis13 eation of property, ahu~e~, amI per~e(mti()n hy the 

14 Government of Vietnam. 

15 (19) The Govermnent of Vietnam restri(~t~ 

16 Khmer Krom expression, assembly, alld assoeiatioll, 

17 has eonfiscated nearly all the Theravada Buddhist 

18 temples, eontrols all Khmer Kaon Buddhist religious 

19 organizations and prohibits most peaceful protests. 

20 (20) The Government of Vietnam eontrols 11ear21 ly all print and eleetronie media, including aeeess to 

22 the Internet, jams the signals of some foreign radio 

23 stations, iuelucling Radio Free Asia, and has de24 tained and imprisoned individuals who have posted, 
61


80939b-7.eps

7 

puhlished, sent, or othelVvise distributed demo(~raey2 related materials. 

3 (21) People arresteil in Vietnam beeause of 

4 their politieal or religious affiliations and aetivities 

5 often are not aecorded due legal process as they lack 

6 full aceess to lawyers of their choice, may experience 

7 closed trials, have often been detained for years 

8 \'i7ithont. trial, and have heen sul~jed,ea to the use of 

9 torture to admit crimes they did not eommit or to 

10 falsely denounce their mvn leaders. 

11 (22) Vietnam continues to be a source country 

12 for the eommercial seAlla] exploitation and foreed 

13 labor of ,vomen and girls, as well as for men Hml 

14 women legally entering into international labor e011-

15 traets who suhse(lnently fcwe (:onditions of debt 

16 bondage or forced labor, and is a destinatioll country 

17 for child trafficking and continues to have internal 

18 human trafficking. 

19 (2:3) There are many reports of Vietnamese of20 ficials and employees participat.ing ill, facilitating, 

21 condoning, or otherwise being complieit in severe 

22 forms of human trafficking. 

23 (24) United States refugee resettlement pro24 grams, induding the Humanitarian Hesettlement 

25 (TIH) Program, the Orderly Departure Program 
62


80939b-8.eps

R 

(ODP), Resettlement Opportunities for Vietmllnese 

2 Returnees (RO\'R) Program, general resettlement of 

3 boat people from refugee earnps throughout South4 east Asia, the Amerasian Homeeoming Aet of 1988, 

5 and the Priority One Refugee resettlemellt eategory, 

6 have helped reseue Vietnamese nationals who have 

7 suffered persecution on aeeount of their assoeiations 

8 vvith the r lllted States or, in many ('ases, heeause of 

9 sueh associations by their spouses, parents, or other 

10 family members, as well as other Vietnamese llatioll11 als who have been perseeuted beeause of race, reli12 gion, nationality, politieal opinion, or membership in 

13 1:1 partieular soeial gTOUp. 

14 (2;:») \Vhile previous programs have served their 

15 purposes vvell, a signifieant nurnher of eligihle refu16 gees from Vietnam were unfairly denied or exeluded, 

17 ineluding Amerasians, in some cases by ~vindietive or 

18 eorrupt Vietllamese offieials who eontrollcd aeeess to 

19 the programs, and in others by rnited States per20 sonne1 who imposed unduly restrictive interpreta21 tions of program eriteria. In addition, the Govern22 ment of Vietnam has denied passports to persons 

23 who the Ullited States has found elig'ible for refugee 

24 admission. 
63


80939b-9.eps

(26) The Government of Vietnam reportedly i~ 

2 detaining tens of thousands of people, \,'ith some as 

3 young as 12 year~ ohl, in government-run drug de4 telltion centers aud tl'eatillg them as slave laborers. 

5 (27) Tn 2012, over 150,000 people signed an 

6 online petitioll calling 011 the Administration to not 

7 eAl)and trade w'ith communist Vietnam at the ex8 pense of human right~. 

9 (28) Congress has passed numerous resolutions 

10 condemning human rights abuses in Vietnam, indi11 cating that although there has beell all expansion of' 

12 relations ~with the Government of Vietnam, it should 

13 not he eon~trued as approval of the ongoing and se14 rious ~violations of fundamental human rights III 

15 Vietnam. 

16 (b) PURPOSI<;.-The purpose of' this Act is to promote 

17 the development of freedom and democracy in Vietnam. 

18 SEC. 3. PROHIBITION ON INCREASED NONHUMANITARIAN 

19 ASSISTANCE TO THE GOVERNMENT OF VIET20 NAM. 

21 (a) AI3SISTAKCE.-

22 (1) I~ GENERAL.-Except as provided in sub23 section (b), the Federal Government may not pro24 v"ide nonhumanitarian assistance to the Government 

25 of Vietnam during any fiscal year in an amount that 
64


80939b-10.eps

10 

exeeeds the amount of snell assist.an(~e provided for 

2 fiscal year 2012 unless3 (A) with resped, to the limitation for fis('aI 

4 year 201,1, the Presidellt determines and ce1"-

:5 tifies to Congress, not later than 30 days after 

6 the date of the cnactment of this Act, that the 

7 requirements of subparagraphs (Al through (G) 

8 of paragraph (2) have lwt~n met during' the 12-

9 month period ending on the date of the ce1tifilOcation; and 

11 (B) with respect to the limitation for sub12 sequent fiscal years, the President determines 

13 and eertifies to Congress, in the most reeent 

14 anllual report submitted pursuant to section 6, 

15 that the requirements of subparagraphs (A) 

16 through (G) of paragraph (2) have bceH met 

17 during the 12-month period covered by the re18 port. 

19 (2) REQUIREMENTS.-The reqluremellts of tIris 

20 paragTaph are the follovving: 

21 (A) The GOYernment of Vietnam has made 

22 substantial progress toward releasing all polit23 leal aud religious prisoners from imprisollment, 

24 house arrest, and other forms of detention. 
65


80939b-11.eps

2 

3 

4 

5 

6 

7 

8 

9 

]0 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

11 

(B) The Government of Vietnam has made 

substantial progress toward-

(il respeding the right to freedom of 

religion, illcludillg the right to participate 

in religious activities and institutions without illteriercnce, harassment, or involvement of the Government, for all of Vietnam's divtTSe religious (~omrrnullties: and 

(ii) returning estates and properties 

confiscated from the churches and religious 

commuuities. 

(C) The Government of Vietnam has made 

substantial progress t<)\var!l respeeting the right 

to freedom of e:x~ression, assembly, and association. ind1Hling the release of independent journalists, bloggers, aad democracy a11(l labor activists. 

(D) '1'he Government of Vietnam has made 

substantial progress toward repealing or revising laws that crimillali7.e peaceful dissent, independent media, ullsanctionecl religious activity, 

and nonviolent demonstrations and rallies, in 

accordance with iuterllatiollal standards aHd 

treaties to which Vietnam is a party. 
66


80939b-12.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

12 

(E) The Government. of Vietnam has made 

substantial progress toward allmving Vietnamese nationals free and open aeeess to 

U uited States refugee programs, 

(F) '1'he Government of Vietnam has made 

substalltial progress toward respecting' the 

human rights of members of all ethnic and minority gTOUpS. 

(G) K either allY offieial of the Government 

of Vietnam nor any agency or entity ,vholly or 

partly owned by the Goverument of Vietnam 

was complieit ill a severe form of traffieking in 

persons, or the Government of Vietnam took all 

appropriate steps to end any such eompliC'ity 

and hold SUdl offi(~ial, agen(~y, or ent.ity fully 

accountable for its conduct. 

(b) EXCEPTION.-

(1) CON'l'll\'UATlON 01" ASSlS'l'~~\CE IN THB NATIORlli INTEREST.-Notvvithstanding the failure of 

the Government of Vietnam to meet the requirements of subseetion (a) (2), the President may waive 

the application of subsection 

iffor any fiscal year 

(A) the President determines that the provision to the Government of Vietnam of i11-
67


80939b-13.eps

1:1 

erea~ed nonhumanitarian as~i"tan('e would pro2 mote the pUl1)ose of this Act or is otherwise in 

3 the national interest of the United State,,; (Jml 

4 (B) the Pederal Government provides as5 sistance, at levels commensurate \vith, or ex6 ceediug, any illcreases in nonhumanitarian as7 sistance to Vietnam, that supports8 (i) training about the obligation of the 

9 Government of Vietnam to respect the 

10 rights enumerated in the Tntemational 

11 Covenant on Civil and Political Rights; 

12 (ii) noncommercial rule of law pro13 gnunming'; and 

14 (iii) measures to overcome the jam15 ming of Radio Free A~ia hy the Govern16 ment of Vietnam. 

17 (2) EXERCISE OF 'YAIVER AUTHORITY.-The 

18 President may exercise the authority under para19 graph (1) \vith respect to20 (A) all rnited States llonhumanitarian as21 sistanee to Vietnam; or 

22 (B) one or more programs, projects, or ac23 tivities of such assistance. 

24 (c) DEFIWTIONS.-In this section: 
68


80939b-14.eps

14 

(1) KONHL\:L4..t~ITARL4..t'J A8818TANCE.-The 

2 term "nonhumanitarian assistance" means3 (A) any assistanee under the Foreign As4 sistance Act of UJ61 (irwluding' programs under 

5 title TV of chapter 2 of part T of that Act, relat6 ing to the Overseas Private Investmellt Cor7 poration), other than8 (i) !lisaster relief assistanee, induding 

9 any assistanc'e under chapter 9 of part I of 

10 that Act; 

11 (ii) assistance which involves the pro12 vision of food (including monetization of 

13 fooa) or medieine; 

14 (iii) assistance for environmental re15 mediation of dioxin-eontaminated sites and 

16 related health aetivities; 

17 (iv) assistance to combat severe forms 

18 of trafficking in perSOllS; 

19 (v) assistance to combat pandemic 

20 diseases; 

21 ("vi) asslstanee for refugees; and 

22 (vii) assistance to eombat HIV/AIDS, 

23 

24 

including allY assistance under scetioll 

10±'~ of that Act; and 
69


80939b-15.eps

15 

(B) sales, or finaneing on any terms, under 

2 the Arms E~llort Control Act. 

3 (2) SEv'ERE FORM OF TRAFFICKINC{ IN PER4 SO:'>Js.-'l'he term "severe form of trafficking in per5 sons" means any activity described in section 103(8) 

6 of the Trafficking Victims Protectioll --:\ct of 2000 

7 (Public Law 106-386 (114 Stat. 1470); 22 U.S.C. 

8 7102(8)). 

9 (el) EFFECTIV'E DATE.-This section shall take effect 

lOon the date of the enactment of this Act and shall apply 

11 with respect to the provision of nouhumanitarian assist12 ance to the Government of Vietnam for fiscal year 2014 

13 and suhsequent fiseal years. 

14 SEC. 4. UNITED STATES PUBLIC DIPLOMACY. 

15 (a) RADIO FREE ~~"g TRAc'JS:\HSSIO.:'>JS TO VmT16 :\A~\1.-lt is the sense of Con~tress that the United States 

17 should take measures to overcome the jamming of Radio 

18 lhee Asia by the Government of Vietnam and that the 

19 Broadcasting Board of Governors should not cut staffing, 

20 funding, or broadcast hours for the Vietnamese language 

21 services of the Voiee of America and Itadio Free Asia, 

22 which shall be clone \vithout reducing any other broadcast 

23 language services. 

24 (b) UKITED STATES EDUCATIO.:'>JAL ~<L'JD CULTUR4.L 

25 EXCTTA~lm PR(XmAMS ,VITTI VTF.TN.,\M.-Tt is the sense 
70


80939b-16.eps

16 

of CongreNs that any programs of edueational and eultural 

2 exchange between the United States and Vietnam should 

3 adively promote progress toward freedom and tlemoeracy 

4 in Vietnam by providing' opportunities to Vietnamese na5 tionals from a ,,~de range of occupations and perspectives 

6 to see freedom and democracy in actiotl atld, also, by eIl7 suring that Vietnamese nationals who have already dem8 oIlNtratea 1:1 eommitment to theNe valneN are indwled in 

9 such programs. 

]0 UNTTRD KATTONR HUMAN RTGHTS COUKCTh11 It is the sense of Congress that the Secretary of State 

12 should strongly oppose, and encourage other members of 

13 the r nited N ationN to oppONe, the eandidaey of Vietnam 

14 for membership on the United .~.,Iations Human Rights 

15 Conneil for the term heginning in 2014. 

16 SEC. 5. RELIGIOUS FREEDOM AND HUMAN TRAFFICKING. 

17 (a) COl~KTRY OF PABTIC1JLAR COKCERN.-It is the 

18 sense of COllgress that Vietnam should be designated as 

19 a country of particular COnCerIl for religious freedom pur20 suant to section 402(b) of the Tnternational Religious 

21 Freedom Act of 1DD8 (22 U.S.C. OclA,2(b)). 

22 (b) Mr::'UML\I SVu""JDABDS FOR THE ELIMINATIO::'-J OF 

23 HU1ll.K Tl:t.Al!'l!'lCKING.-It is the sense of Congress that 

24 the Government of Vietnam does not fully eomply \vith the 

25 minimum standards for the elimination of trafficking and 
71


80939b-17.eps

17 

is not making signifieant efforts to bring itself into (~ornpli2 ance, and this determination should be reflected in the an3 nna1 report to CongTt~ss required pursuant to seetion 

4 110(b) of the Traffickiug Victims Protection Act of 2000 

5 (22 U.S.C. 7107(b)). 

6 SEC. 6. ANNUAL REPORT. 

7 (a) It, GENERAL.-Kot later than six months after 

8 the date of the emwtrnent of this Ad and every 12 months 

9 thereafter, the Secretary of State shall submit to Congress 

lOa report 011 the follovvillg: 

11 (1) The determination and certification of the 

12 President that the requirements of subparagraphs 

13 (A) through (G) of sedjon :l(a)(2) have been met, 

14 if applicable. 

15 (2) If the President has ,vaived the applieation 

16 of section 3(a) pursuant to section 3(b) during the 

17 reporting period18 (A) the llatiollal interest with respect to 

19 \vhich such a waiver was based; 

20 (TI) the amount of increased nonhumani21 tarian assistance provided to the Government of 

22 Vietnam; and 

23 (C) a descriptioll of tbe type and amouut 

24 of commensurate assistance provided pursuant 

25 to section 3(h)(1 )(D). 
72


80939b-18.eps

18 

(8) Effort~ hy the United States Government to 

2 promote access by the Vietnamese people to R,adio 

3 Free Asia transmi~~ions. 

4 (1) Efforts to ensure that programs with VietS 11am promot.e the policy set forth in section 102 of 

6 thc Human Rights, Refugee, and Other Poreigtl Pol7 iey Provisions Act of 1996 regarding participation in 

8 prognun~ of eaneational and (mltural exdmnge. 

9 ( 5) Lists of persons believed to be imprisoned, 

10 detained, or placed under house arrest, tortured, or 

11 otherwise persecuted by the Government of Vietnam 

12 due to their pursuit of intern ati on all:v- recogni7.ed 

13 human right~. In eompiling snell lists, the Seerehny 

14 shall exercise appropriate discretion, including COllIS eerns reganling the safety and seeurity of, and twn16 efit to, the persons who may be included on the lists 

17 and their families. In addition, the Secretary shall 

18 include a list of such per-SOllS and their families who 

19 may qualify for protections under United States 1'ef20 ugee programs. 

21 (6) A description of the development of the rule 

22 of law in Vietnam, incluc1ing23 (A) progress toward the development of in24 stitutions of democratic governance: 
73


80939b-19.eps

2 

3 

4 

5 

6 

7 

8 

9 

]0 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

19 

(B) processes by whidl statutes, reg1uations, rules, and other legal acts of the Government of Vietnam are devdopt~d and become 

binding within Vietnam; 

(C) the extent to which statutes, regulations, rules, admiuistrative and judicial decisions, and other legal acts of the Government of 

Vietnam are published and are made ae(~essible 

to the publie; 

(D) the ezd;ent to which administrative and 

judieial decisiotls are supported by statements 

of reasons that are based upon written statutes, 

regulations, rules, and other legal ads of the 

Government of Vietnam; 

(E) the eA'"tent to whidl individuals are 

treated equally under the laws of Vietnam without regard to eitizenship, raee, religion, politieal 

opinion, or current or former associatiolls; 

(F) the extent to ,vhich administrative and 

jmlicial deeisions are independent of political 

pressure or governmental interference and are 

rev'iewed by entities of appellate jurisdiction; 

aud 

(G) the eAient to whieh laws in Vietnam 

are written aml administered in ways that are 
74


80939b-20.eps

20 

('onsistent with international human rights 

2 standards, including the rights enumerated in 

3 the Intt~rnational Covenant on Civil and Polit4 ieal Rights. 

5 (b) CONTACTS "VITTI OTTTRR. ORGAKT?:ATTONS.-Tn 

6 preparing the report under subsedioll (a), the Seeretary 

7 shall, as appropriate, seek out and maintain contaets with 

8 nongovernmental organizations ana human rights advo9 cates (including Vietnamese-Americans and human rights 

10 advocates in Vietnam), ineluding recei~ving reports and up11 dates from such organizations and evaluating such re12 ports. The Secretary shall also seek to consult \vith the 

13 United States COllllnission on International Religious 

14 Freedom for appropriate sections of the report. 
75


80939c-1.eps

IUm CONGRESS 

1s'1' SBSSlOl\ H. RES. 131 

IV 

COll(:erning the ongoing (:pnflid, in the Demoerati(: Repuhli(" of the Congo 

and the need [or international efforts toward long'-Lerm peace, stability, 

and observance of human rights, 

IK THE HOUSE OF REPRESE~TATIVES 

1\LlliCH :11, 201:3 

.vIs, BASS (for llCrsrlf, Mr, SMT'I'H of New ,Jersey, Mr, 1\11']F]KR, .vIr, Sm1']R, Mr. 

COKNOLLY, Mr. DEUTCH, lVIr, KEATING, lVIr, CICILLIKE, Mr, VARGAS, 

Mr, LOWE:-iTlL'IL, lVIr, 1\1CGOVERN, 1\11', McDERlVIOTT, Mr. R'\KGEL, lVIr. 

SlVll'l'll of Washington, 1\11', JOllNSO)! of Georgia, Ms, LJ£E of California, 

Mr, LEWTS, Mr, :vrOR,A'J, M~, NORTON, :VTr, PAYNK Mr, RI-sn, Mr. 

'l'AKA'JO, Mrs, CAR.m,YN B, l\lALON1']Y of '\ew York, lVlr. [lONnA, Ms, 

EDWARDS, lVIrs, BEATTY, Mr, CAPU.iNO, lVIr. CLEAVER, :VIrs. 

CHRISTEKSEN, lVII', DA .. '\il\TY K, DAV18 of Illinois, Ms, EDDIE BER:-iICE 

JOll)!SOl\ of Texas, 1\1s, ,\VILSON of Florida, Mr, DAVell SCOT'1' of Georgia, Mr, HAF'1'TNnR or Florida, Mr, CLYBUR'!, Mr. VlCARlCY, Mr, THOMPSON of JilIississippi, Mr, 'WATT, lVIN. SCHAKOWSKY, }I8. SPEIER, lVIs. 

,JACKSON LEE, Ms. HAHN, 1\i8. FUDGE, }L-:. lVIOORE, lVIr. ELLISOK, Jilk 

CLlliKE, }Ir, L"lliSEK of Washington. Mr. SCOTT of Virginia, lVIs, 

,\VA'l'lms, and :VII'. BlSllOP of Georgia) submitted the following re~olution; 

which was referred to the Committee on Foreign Affairs 

RESOLUTION 

Concerning the ongoing conflict in the Democratic Republic 

of the Congo and the Heed for international efforts toward long-term peace, stability, and observance of human 

rights. 

"11ereas sinee the 19908, an estirnatea 5,000,000 people have 

died and more than 2,000,000 people have been displaced 
76


80939c-2.eps

2 

ane to repeated eyeles of (~onflid, a11(l atroeities, partieulady those in North and South Kivu prnvinces; 

"1wreas the Unitell Katlons and humanitarian groups have 

reported stagger-iug rates of sexual violence indicating 

tens of thousands of raseR perpetrated by the Congolese 

army and armed groups, including' the lV123 awl the 

Democratic Forces for the Liberation of Rvvanda. which 

continue to operate with nearly total impunity; 

"Vhereas human rights defenders in the Democratic Republic 

of the Congo have been subject to intimidation and attaek; 

\\l:lereas the Democratic Republic of the Congo's wealth of 

natural resources, including minerals and high-value wildlife products such as elephant ivory, have beell a key 

driver of insurrection and violence, and the eli scovery and 

e~q)loit.ation of oil (30uld motivate further eonflid; 

'Vhereas the deeply flawed November 2011 elections 1Il the 

Dern()(~ratie Republic: of the Congo laia bare signifieant 

political, economic, and social challellges; 

\\11ereas the Democratic Republic of the Congo IS home to 

one of the world's longest cnduring and most cxpensive 

international peacekeeping operations; 

'Vhereas the November 20, 2012, seihure of the city of Goma 

by the lV123 rebel group, despite bilateral and multilateral 

efforts to address longstanding humanitarian crises, forge 

lasting peaee, and pursue seeurity sedor reform and iWcountability, demonstrates that the underlying causes of 

the recurring conflicts in the eastern provlnces of the 

Democratic Republic of the Congo remaill uuresolved; 

vv11ereas on November 15, 2012, the United ~ations Group 

of E:'I.1)erts provide!l eornpelling evidenee, in report find-
77


80939c-3.eps

mgs eorroborated hy the Unitea States Assistant Se(~­

retary of State for African Affairs in testimony before 

the United States House of Representatives on Deeemher 

11, 2012, and December 19, 2012, that the lVl23 crisis 

is fueled and exacerbated by the Government of Rwanda, 

inducting' through Rwandan Govermneut provision of significant military and logistical assistance, and of operational and political g11idance and support, to the M2:3; 

and 

'''l'lereas the United ;..;rations and United States have imposed 

sanctions on the M28 and its leaders for human rights 

atrocities ineluding rape, massacres, and the recruitment 

and physical and psychological torture of child soldiers: 

therefore, be it 

Resoll'ed, That the House of Representatives2 (1) asserts that the region' s leaa(~rs and the 

3 international community should break the cycle of 

4 v:iolen(~e amI impunity in the Demo(~ratie Repuhlic: of 

5 the Congo alld surrounding region and urgently ad6 dress the root causes of the M2;3 conflict and pre7 \'lOllS enses: 

8 (2) calls on the signatories of the February 24" 

9 2018, Peace, Security and Cooperation Framevyork 

10 for the Democratic Republie of the Congo and the 

11 Region to abide by the provisions outlined in the 

12 framework agreemcnt ill addition to cllsul'ing that 

13 those troops being re-integrated into the Congolese 
78


80939c-4.eps

4 

army are not those 3eeused of human rig-hts viola2 tions; 

3 (8) ('aIls on governments of the Great Lakes re4 gion of Africa to respect the llational seeurity and 

5 territorial integrity of the Democratic Republic of 

6 the Congo, and to immediately halt and prevent any 

7 and all forms of support to the M23 and other non8 state armed gTOUpS, in(~luding any support provided 

9 by individuals independently of government policy; 

10 (4-) recog11ihes the recent efforts by the Govern11 mellt of the Democratic Republic of the Congo to 

12 end the recruitment of children into the armed 

13 fon;es and demands the immediate eessation of the 

14 reeruitment and e:X1l1oitation of ehildren by militias, 

15 and further ealls on all armed groups to free dril16 dl'en alld other civilialls held agaillst their will; 

17 (5) calls on the Obama Administration, in close 

18 coordiuatioll with international and regional part19 ners, to mobilize a comprehensive response to p1'e20 vent further deterioratioll of regional peaee and sta21 bility and to ensure that life-saving humanitarian as22 sistance be unhindered and provided to populations 

23 in need, particularly displaced perSOllS and cOlltlict24 affected communities; 
79


80939c-5.eps

(6) cwknowleages the goo!l work of the rnited 

2 States Special Aclvisor on the Great Lakes and the 

3 Demoeratie Republie of the Congo, amI £111(ls that 

4 the ehallellges of helping to resolve the eyele of vio5 lence and impunity ill the Democratic Republic of 

6 the Congo requires higher-level Uuited States cliplo7 matic and political engagement; 

8 (7) reqnests that See.retary of State .Tohn Kerry 

9 demonstrate the high-level concern that the rnited 

10 States attaches to ensuring stability and secnrity in 

11 the Democnltic Republic of the COllg'O by appointing 

12 a Special Envoy "\vho will help lead the rllited States 

13 and international efforts to end the M2:1 eonfliet and 

14 secure permanent peace, stability, and safety for the 

15 people of the Demo("ratie Republi(~ of the Congo: 

16 (8) calls on all llations to increase cooperatioll 

17 in order to cease the trade of illegal goods, including 

18 poached ivory and conflict minerals, that continues 

19 to fuel ~violence in the Democratic Republic of the 

20 Congo; 

21 W) calls on the Obama Administration, ine1ud22 ing the Atrocities Prevention Board, in close coordi23 nation with international and regiotlal partners, to 

24 develop and make actionable recommendations to 

25 address, prevent, and ensure accountability for 8e1'1-
80


80939c-6.eps

6 

om; violations of international humanitarian law amI 

2 human rights abuses by all actors in the Democratic 

3 Repnhlie of the Congo, induding hy fully imple4 mellting sanctions outlined in section 1284 of the 

5 National Defense Authori7.ation Act for Fiseal Year 

6 2013, notwithstanding transaetiotls that arc cus7 tomary, nee essary, and incidental to the provision of 

8 (,Titi(~al, life-saling aiel to ei,rilian populations, and 

9 the policy goals set out under the Democratic Re10 public of the Congo Relief, Seeurity, and Demoeracy 

11 Promotion .:~ct of 2006, illtroduccd by then-Senator 

12 Barack Ohama; 

13 (10) urges the Government of the Demoeratie 

14 Republic of the Congo, with dose support from the 

15 international (;ommnnity, to investigate and pros16 ecute those who have committed war crimes, erimes 

17 against humanity, and ~violations of international lm18 mauitarian law and human rights, including those 

19 against women and children; 

20 (11) calls on the Government of the Demoeratic 

21 Republic of the Congo to meaningfully engage in 

22 electoral reforms, in addition to security sector re23 forms to prevent militia combatants, partieulady 

24 lVI:2:3 members, accused of abuses from integrating 

25 into the military, and to host inclusive illter-Congo-
81


80939c-7.eps

7 

lese (lialognes to address (;ritieal internal politimJ.l 

2 issues and strengthen processes of state institution 

3 lmil!ling in the Demoeratie Republie of the Congo; 

4 (12) urges the Obama Administratiotl to ad5 dress alleged snpport for militias operating 111 the 

6 Democratic Republic of the Congo from foreign gov7 ernments or entities; 

8 (1~) cwknovvlellges the Unitea Nations' appoint9 ment of the Special Envoy for the Great Lakes re10 gion of Africa; and 

11 (14) urges the United Nations Security Council 

12 to lead efforts to reinforce and strengthen the 

13 Unitell Nations Org'<lnization Stahilization YIisslon 

14 III the Democratic Republic of the Congo 

15 (MONUSCO) amI its eapaeity to proteet eivilians, 

16 including preventing any future 1'11123 advances ou 

17 Goma, as evideneed by the temporary seizure of 

18 Goma and other areas, and to support measures to 

19 strengthen the ability of MONrSCO to help ensure 

20 peace and security in the future, 
82


80939d-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H. RES 131 

OFFERED BY Ms. BASS OF CALIFORNIA 

Strike the preamble and insert the following: 

~Whereas since the 1990s, an estimated 5,000,000 people have 

died and more than 2,000,000 people have been displaced 

lIne to repeated eydes of (~onflid, amI atroeities, partieularly those in North and South Kivu provinces; 

'''llereas the United Kations and humanitarian groups have 

reported staggering rates of sexual violence indicating 

tens of thousands of cases perpetrated by the Congolese 

army amI armelI gTOUpS, im~luding the M28, YIai Mai rrulitias, the Lord's Resistance Army, and the Democratic 

Forces for the TJiberation of Rwanda. which continue to 

operate with nearly total impunity; 

"'l'lereas human rights defenders in the Democratic Republic 

of the Congo have been sul~jed, to intimidation and attack; 

"'llereas the Democratic Republic of the Congo's wealth of 

natural resources, including minerals and high-value wildlife products such as elephant ivory, have been a driver 

of insurre(~tion and violem~e, and the diseovery and e::q)loitation of oil could motivate further conflict; 

"'llereas the deeply flawed November 2011 elections 111 the 

Democratic Republic of the Congo laid bare sigruficant 

political, economic, and social challenges; 
83


80939d-2.eps

2 

"11ereas the Demoeratie Repuhlie of the Congo is home to 

one of the world's largest and most expensive internati(mal pea(~ekeeping ()perati(lI18; 

Whereas the November 20, 2012, seizure of the city of Goma 

by the lVf23 rebel gTOUp, despite bilateral and multilateral 

efforts to address longstanding humanitarian crises, forge 

lasting peace, and pursue security sector reform and accountability, demonstrates that the underlying causes of 

the recurring conflicts in the eastern provinces of the 

Democratic Republic of the Congo remain unresolved; 

"11ereas on November 15, 2012, the United )Jations Group 

of Experts provided compelling evidence, in report findings corroborated by the United States Assistant Secretary of State for lV'rican "Affairs in testimony before 

the United States House of Representatives on December 

11, 2012, and De(~emher 10, 2012, that the M2:1 (~risis 

has been fueled and exacerbated by the Goverlllnent of 

Rwanda, inc.luding through the prO\~sion of significant 

military and logistical assistance, and of operational and 

political guidance and support, to the Y123; 

"11ereas the United )Jations and United States have irnpose<l 

sanctions on the lVI2:3 and its leaders for human rights 

atrocities including rape, massacres, and the recruitment 

and physical and psychological torture of child soldiers; 

"l'lereas on March 18, 2013, International Criminal Court 

(ICC) imlietee and le~l(ler of a faetion of the lVI28 rebel 

group, Bosco Ntaganda, turned himself in to the rnited 

States Embassy in Kigali, Rwanda, and asked to be and 

was transferred to the ICC in The Hague, where he voluntary surrendered on March 22, 2013; 
84


80939d-3.eps

"11ereas the Lord's Resistanee ~~rrny (~ontinues to perpetrate 

attacks against civilian populations in affected areas of 

northeastern Congo, (~reating \videspread inse(mrity and 

displacement; and 

"llereas members of civil society and political parties from 

both the majority and the opposition created the National 

Preparatory Committee (Comite Kational Preparatoire or 

CNP) to lay the groundwork for convening a national 

fOlum and dialogue with the goal of putting an end to 

the multifaceted crisis that afflicts the Democratic R,epubli(~ of the Congo: )Jow, therefore, be it 

Strike all after the resolving clause and insert the 

following: 

That the House of Representatives2 (1) asserts that the region's leaders bear pn3 mary responsibility for the security of their territory 

4 and (~itizens and, \vith support from the inter5 national community, must break the cycle of violence 

6 and impunity in the Democratic Republic of the 

7 Congo and surrounding region and urgently address 

8 the root causes of conflict; 

9 (2) ealls on the sigTultories of the February 24, 

10 201:3, Peace, Security and Cooperation Framework 

11 for the Democratic Republic of the Congo and the 

12 Region to abide by the provisions outlined in the 

13 framework agreement in addition to ensuring that 

14 those troops being integTated into the Congolese 
85


80939d-4.eps

4 

army are not those ~weused of human rights viola2 tions; 

3 (:1) ealls on governments of the Great Lakes re4 gion of Africa to respect the 11ational security a11d 

5 territorial integrity of the Democratic Republic of 

6 the Congo, and to immediately halt a11d prevent any 

7 and all forms of support to the M23 and other 

8 nonstate armed gTOUpS, ill(~luding any support pro9 vided by individuals independently of govenllnent 

10 policy; 

11 (4) recognizes the recent efforts by the Govern12 ment of the Democratic Republic of the Congo to 

13 end the re(~ruitment of ehildren into the armed 

14 forces and demands the immediate cessation of the 

15 re(~ruitment and e~q)loitation of (~hildren by militias, 

16 and further calls on all armed groups to free dul17 dren and other civilians held against their ~will; 

18 (5) calls 011 the Administration, in close cOOl'di19 nation with international and regional partners and 

20 consistent \vith Public TJaw 109-456, to support the 

21 Govenllnent of the Democratic Republic of the 

22 Congo in mobilizing a comprehensive response to 

23 prevent further deterioratio11 of regional peace and 

24 stability and to ensure unhindered humanitarian ac25 cess; 
86


80939d-5.eps

5 

(6) c:wknowlellges the gooll work of the 1~nited 

2 States Special Advisor on the Great Lakes and the 

3 Demoeratie Republie of the Congo, amI fimls that 

4 the challenges of helping to resolve the cyc1e of vio5 lence and impunity in the Democratic Republic of 

6 the Congo requires higher-level U uited States diplo7 matic and political engagement; 

8 (7) requests that Seeretary of State .Tohn Kerry 

9 demonstrate the high-level concern that the rnited 

10 States attaches to ensuring stability and security in 

11 the Democratic Republic of the Congo by elevating 

12 the existing role of the Special Advisor for the Great 

13 Lakes and the Derno(~ratie Republie of the Congo to 

14 the designation of a Special Envoy who ,,,ill help 

15 lead the United States and international effods to 

16 end violence carried out by armed militias and se17 cure permanent peace, stability, and safety for the 

18 people of the Democratic Republic of the Congo; 

19 (8) calls on all nations to increase cooperation 

20 in order to cease the trade of illegal goods, including 

21 poached ivory and conflict minerals, that continues 

22 to fuel violence in the Democratic Republic of the 

23 Congo; 

24 (9) calls on the Administration, inc1uding the 

25 Atrocities Prevention Board, in close coordination 
87


80939d-6.eps

6 

\vith international amI regional partner8, to develop 

2 and make actionable recommendations to address, 

3 prevent, and en8ure ae(~ountability for 8eriou8 viola4 tions of international humallitariall law alld human 

5 rights abuses by all actors in the Democratic Repub6 lie of the Congo, includillg by fully implementing 

7 sanctions outlined in section 1284 of the National 

8 Defense Authorization A(~t for Fi8eal Year 201:1, 

9 notwithstanding transactions that are customary, 

10 necessary, and incidental to the prmision of critical, 

11 life-saving aid to civilian populations, and the policy 

12 goals set out under Public TJaw 109-45G; 

13 (10) urge8 the Government of the Demoeratie 

14 Republic of the Congo, with close support from the 

15 international (~OInrnunity, to inve8tigate and P1'08-

16 ecute those who have committed war crimes, crimes 

17 against humanity, and violations of international llU18 manitarian law and human rights, including those 

19 against women and children; 

20 (11) calls on the Government of the Democratic 

21 Republic of the Congo to meaningfully engage in 

22 electoral reforms, in addition to security sector re23 forms to prevent militia combatallts, particularly 

24 M2:3 members, accused of abuses from integrating 

25 into the military, and to host inclusive inter-Congo-
88


80939d-7.eps

7 

lese dialognes to address (~ritieal internal politi(~al 

2 issues and strengthen processes of state institution 

3 buil(ling in the Demoeratie Republie of the Congo; 

4 (12) urges the Admillistration to address sup5 port provided to militias operating in the Democratic 

6 Rcpublic of the COllgO by foreign governments alld 

7 entities; 

8 (18) ~wknowleclges the Unitecl Nations' appoint9 ment of the Special Envoy for the Great Lakes re10 gion of Africa; and 

11 (14) ackllowledgcs the authorization by the 

12 United Nations Security Council of the deployment 

13 of an intervention brigade "\vithin the United Nations 

14 Organization Stabilization ~Iission in the Demo15 eratie Republie of the Congo (MONUSCO) with a 

16 robust civiliull protection mandate, and urges the 

17 United Kations Security Council to continue to lead 

18 cfforts to reillforce and strengthcll lV10NCSCO alld 

19 its capacity to protect civilians, deter ~violence, and 

20 ensure peace and stability. 

[ZJ 
89

Mr. SMITH. The Chair moves that the en bloc items be adopted. 

All those in favor say aye. Aye. All those opposed say no. The ayes 

have it, in the opinion of the Chair, and the items considered en 

bloc are adopted. Without objection, the measures as amended are 

reported favorably to the full committee. The staff is directed to 

make technical and conforming changes. 

I would note that now that we have completed our formal consideration of those measures, I will recognize members for remarks. 

And recognize myself first on behalf of the first bill that was just 

passed on to the full committee. 

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. Department of State, between the years 2008 and 2012, bereaved, left-behind parents like David Goldman reported over 4,800 

abduction cases involving more than 7,000 children. I had the 

privilege of joining David Goldman in his fight to return Sean and 

experienced firsthand the maddening obstacles encountered by leftbehind parents, even in countries that have signed the Hague Convention on international child abductions: Foreign courts, endless 

appeals to run out the clock, exploitation of the safeguards in the 

Convention, and prejudice against foreigners. 

The damage to the child and the left-behind parents is incalculable, and too often, lifelong. The children 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. Parental 

child abduction is child abuse. These victims are American citizens 

who need the help of their government when normal legal processes are unavailable or fail. 

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 some penalties and makes clear to foes and friends 

alike that our children are our top priority. 

As stated in the legislation, it has several purposes. First, we 

want to protect children whose habitual residence is the U.S. from 

the harmful effects of abduction and to assist left-behind parents 

to have access to their abducted children in a safe and predictable 

manner, wherever the child is located while an abduction case is 

pending. We want to provide left-behind parents, their advocates, 

and judges the information they need to enhance the resolution of 

abduction cases and access cases through established legal procedures and the tools for assessing the risk of abduction and denial 

of rights of access, and the practical means for overcoming obstacles to recovering an abducted child. 

We seek to provide the necessary training for officials of the U.S. 

Armed Forces and the Department of Defense to establish policies 

and provide services to parents serving in our military that address 

the unique circumstances of abductions and violations of rights of 

access that may occur with regard to military dependent children. 

Additional purposes of the bill would be to establish measured, 

effective, and predictable actions to be undertaken by the President 

90

on behalf of abducted American children and to promote an international consensus that it is in the interest of children to have any 

issues related to their care and custody determined in the country 

of their habitual residence. 

Finally, the bill would encourage the effective implementation of 

international mechanisms, particularly those established pursuant 

to the Hague Abduction Convention, to achieve reciprocity in the 

resolution of abductions and to protect children from the harmful 

effects of abduction. 

The Goldman Act gives the President important tools to motivate 

other countries to quickly respond to applicants 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 United States, the central authority, the judiciary, or 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. Actions range from 

denial of certain assistance to prohibiting the procurement of certain goods or services from the government or the instrumentality 

response for the pattern of what we call noncooperation. 

The President is required to request a consultation with any 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 United States. 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 one of the 18 delineated tools or commensurate action cannot be used. 

I want to thank Mr. Meadows for his valuable amendment to the 

bill, which calls on the Government Accountability Office to report 

to Congress on Egypt’s cooperation or facilitation of parental child 

abduction. Last week, the subcommittee heard compelling testimony of Mr. Colin Bower, whose two boys were abducted to Egypt 

in 2009. Mr. Bower indicated that Egypt has aided and abetted in 

the kidnapping and illegal holding of his sons, including by issuing 

false Egyptian passports for the two boys and by allowing them to 

exit the U.S. on the Egyptian Government-owned airline, EgyptAir. 

It will be very helpful to Members of Congress to receive an assessment from the GAO of the Egyptian Government’s involvement in 

this and the other cases of child adduction from the United States. 

I yield to my friend and colleague, Dr. Bera, for any comments 

he might have. 

Mr. BERA. Mr. Chairman, thank you for convening this markup. 

I am pleased that the Foreign Affairs Committee and this subcommittee are proceeding with regular order as it moves legislation 

to the full committee. I want to focus for one moment on H.R. 1951, 

the Child Abduction and Return Act of 2013. I am pleased that the 

subcommittee was able to focus on this important issue. And I supVerDate 0ct 09 2002 10:10 Nov 03, 2013 Jkt 000000 PO 00000 Frm 00094 Fmt 6633 Sfmt 6633 F:\WORK\_AGH\051513M\80939 HFA PsN: SHIRL
91

port many of the provisions contained within the legislation. However, I believe the State Department has expressed some concerns 

and possible unintended consequences of this bill. The punitive 

measures offered to the President under the legislation may discourage non-party nations, such as India, from signing or ratifying 

the Hague Convention. As this legislation moves to full committee, 

I would like to have a better understanding of the non-signators 

and what we can do to encourage their cooperation on this important issue. It is important that these countries join the Hague Convention. 

I would also like to work with my colleagues and address these 

concerns and ensure that any legislation we pass will have the desired effect of reducing the number of child abductions. Again, 

thank you, Chairman Smith, for continuing your important work in 

this area. Congratulations on moving your legislation through the 

subcommittee, and I look forward to working with you on this important issue. I yield back. 

Mr. SMITH. Thank you very much. Chair recognizes Mr. Weber. 

Mr. WEBER. Mr. Chairman, thank you. I don’t have any comments at this time. 

Mr. SMITH. Okay. Mr. Meadows. 

Mr. MEADOWS. Thank you, Mr. Chairman. And obviously, this 

committee just acted to approve three pieces of timely and necessary legislation that will better the lives of thousands of people. 

And I am proud that this committee has taken the initiative to address the ongoing humanitarian issues in Vietnam and in the 

Congo. And I want to commend the chairman and the ranking 

member for their leadership. The third bill we approve today, H.R. 

1951, addresses parental child abduction and the Hague Convention. This is a good bill. I am proud to be a cosponsor and proud 

to have supported it today. I am also proud that we have been able 

to amend this bill and make it a little bit better. Last week, we 

heard powerful testimony on the foreign parental child abduction 

from parents of victims. And we heard that the foreign governments can often be complicit in these abductions, especially in nonHague treaty countries. And one of those witnesses was Colin 

Bower. Mr. Bower’s two sons, Noor and Ramsay, were abducted 

and taken to Egypt in 2009. They remain there today with 20 other 

American children. 

Egypt is a country that we are working with and whose continued solvency depends on American aid, American intervention. And 

yet we hear heartbreaking stories like Mr. Bower’s. Thankfully, 

Mr. Bower did not just share his story, but he shared recommendations on moving forward. And one of those recommendations was 

to require the GAO to report on the child abductions in Egypt, including the role of the Egyptian Government. 

Today I offered an amendment to H.R. 1951 to do exactly that, 

and I look forward to reading the GAO’s eventual report. And I 

want to thank Mr. Bower and all of those previous witnesses for 

sharing their stories. But I also want to thank the committee for 

supporting my amendment and moving this bill. And with that I 

yield back, Mr. Chairman. Thank you. 

92

Mr. SMITH. Mr. Meadows, thank you very much and thank you 

for authoring that very important amendment to this legislation. 

With that, I recognize Mr. Stockman. 

Mr. STOCKMAN. Thank you, Mr. Chairman, for the compassion 

you have shown through all the years you have been here in Congress. And I appreciate that throughout the years you have stuck 

to it and when it would have been easy to roll over to Ways and 

Means or some other ‘‘important’’ committees; and your compassion 

is demonstrated by these bills that you put forth. And I just want 

to say something quickly about our friends in the DRC. I have been 

there many times. And they have great potential. This nation is, 

you know, nearly as large as Western Europe. And they have a 

great, great potential if they adhere to a civil society and stick to 

the rule of law, and let democracy flourish. I think this bill is going 

to go a long way in ensuring that the DRC will be successful in 

achieving its goals. 

And I really appreciate you offering this bill. And I hope when 

it gets to the full committee that they realize the work and effort 

that you have put into this resolution. But I just wanted to point 

out the DRC has a great opportunity to take advantage of—and 

work cooperatively with the United States. And look forward to future hearings and testimony. Thank you. 

Mr. SMITH. Thank you very much, Mr. Stockman. 

I yield to Ms. Bass to speak on H. Res. 131. 

Ms. BASS. Chairman Smith, again, thank you for holding today’s 

markup. I am delighted that we have worked in a bipartisan manner to pass today’s legislation. And did want to speak for a minute 

on H. Res. 131, Concerning the ongoing conflict in the Democratic 

Republic of the Congo and the need for international efforts toward 

long-term peace, stability, and the observance of human rights. As 

you are well aware, in the DRC, an estimated 5 million people, 

which is just an incredible number, have died, and some 2 million 

have been displaced due to repeated cycles of war, conflict, violence, particularly sexual, and gender-based violence waged against 

women and children. It is time for this crisis to come to an end. 

Today’s markup takes an important step forward in efforts to raise 

awareness within the U.S. Congress and among all Americans of 

this horrific and tragic crisis. 

I was recently in the Congo and heard from many people there. 

And I have heard from the Congolese diaspora here in the United 

States about the situation in the Congo. Currently, we have 55 

Members of the House from both parties that have cosponsored this 

bill, and I plan to continue to call for bipartisan support for this 

legislation. It is also my understanding that efforts are underway 

to introduce similar legislation in the Senate. 

Lastly, there has been a great deal of discussion around the need 

for a special envoy to the DRC in the Great Lakes region. This legislation calls for such an envoy, and Secretary Kerry in testimony 

before both the House and the Senate has indicated his plan to 

make an appointment. I am pleased that this effort is making 

progress and urge the Secretary to move swiftly to make his decision and develop a comprehensive strategy that relies on diplomacy 

and engagement to address the complex set of issues that stand as 

barriers to peace and stability in the DRC and the region. 

93

Thank you, and I yield back my time. 

Mr. SMITH. I yield to myself such time as I may consume. I want 

to thank the ranking member, Karen Bass, for introducing this important resolution. And I am very pleased to be original cosponsor. 

And it is supported, I know, by members of this subcommittee. 

This measure brings attention to the continuing, deplorable situation in the DRC in which more than two dozen militias, as well as 

the national army itself, continue to terrorize the country’s population. The international community has been outraged by the staggering rate of sexual violence, which reports that nearly 50 women 

and girls being raped each hour in the DRC. The atrocities also include recruitment and physical and psychological torture of child 

soldiers. H. Res. 131 calls on the Nation of Africa’s Great Lakes region, including the DRC Government itself, to take all necessary 

actions to live up to international law and their own agreements 

concerning noninterference in one another’s affairs. 

As we found out through several U.N. investigations and our 

subcommittee’s three hearings last year, this has not always been 

the case. Unregulated cross-border militia activity and the plundering of natural resources in the DRC have made life for so many 

Congolese, especially those in the Eastern Congo, all but unbearable. The trade in illicit minerals and poached ivory has also 

served to the fuel the conflict in the DRC. 

The Atrocity Prevention Board, created in 2011, to coordinate 

U.S. policy to prevent mass atrocities and serious human rights 

violations is called upon by H. Res. 131 to work with regional and 

international partners to bring the tragedy of life in the Eastern 

Congo to a definitive end. The Atrocities Prevention Board is directed to ‘‘address, prevent, and ensure accountability for serious 

violations of humanitarian law and human rights abuses by all actors in the DRC.’’

While its neighbors share the blame for the international crisis 

that exists in the Great Lakes, H. Res. 131 also calls on the Government of the DRC to investigate and prosecute its own military 

forces and citizens responsible for human rights abuses and to proceed with democratic and security sector reforms which it has previously agreed to. 

Would anyone else like to be heard on this? 

I would like to now recognize myself to speak briefly on H.R. 

1897. And I do want to thank my colleagues for their support of 

the Vietnam Human Rights Act of 2013. The subcommittee, as we 

all know, heard from witnesses at a hearing on April 11 that the 

Vietnam’s Government continues to violate a broad array of fundamental human rights. The testimony we heard confirmed that religious, political, and ethnic persecution continue and that Vietnamese officials are complicit in human trafficking. At that hearing, just over a month ago, we heard from a sister of a Vietnamese 

woman who was forced to work in a brothel in Russia with 14 

other Vietnamese women. 

At another hearing last year, we heard about a group of Vietnamese workers who were trafficked to Jordan. In each of these 

cases, not only did officials from the Vietnamese Government fail 

to help the victims, but they actually cooperated with the traffickers to keep the trafficking operations going. I am pleased to reVerDate 0ct 09 2002 10:10 Nov 03, 2013 Jkt 000000 PO 00000 Frm 00097 Fmt 6633 Sfmt 6633 F:\WORK\_AGH\051513M\80939 HFA PsN: SHIRL
94

port that following the April hearing and the sister’s courageous 

testimony, the Vietnamese trafficking victims who were being held 

in Russia have been freed. But the Vietnamese Government must 

respect the human rights of all of its people, not only those who 

are fortunate enough to have their human rights violations publicized at a congressional hearing. For this reason, I have reintroduced the Vietnam Human Rights Act and I am glad the subcommittee voted it out today. 

The purpose of H.R. 1897 is to promote the development of freedom and democracy in Vietnam. It seeks to do so primarily by stipulating that the United States can increase its non-humanitarian 

assistance to Vietnam above the 2012 Fiscal Year levels only when 

the President is able to certify to Congress that the Government of 

Vietnam has made substantial progress, operative words, substantial progress in establishing a democracy and promoting human 

rights, including respecting freedom of religion and releasing all political religious prisoners; respecting rights of freedom of expression, assembly and association, and releasing all political prisoners, 

independent journalists, and labor activists; repealing and revising 

laws that criminalize peaceful dissent, independent media, 

unsanctioned religious activity, and nonviolent demonstrations in 

accordance with the international human rights standards; respecting the human rights of members of all ethnic groups, and then 

taking all appropriate steps, including prosecution of government 

officials, to end any government complicity in human trafficking. 

This condition on increased non-humanitarian assistance may be 

waived in the national interest of the United States, if any such 

increase is offset by assistance to increase training on Vietnam’s 

international human rights obligations, to support noncommercial 

rule of law programming, or to support measures to overcome the 

Vietnamese Government’s jamming of Radio Free Asia. 

H.R. 1897 also includes several senses of Congress. Vietnam has 

announced it is seeking membership in the U.N. Human Rights 

Council, a vote that will be held at this fall’s U.N. General Assembly. Given the Vietnamese Government’s abysmal human rights 

record, the bill calls on the Secretary of State to strongly oppose 

Vietnam’s candidacy. 

The bill also indicates that Vietnam should be redesignated a 

Country of Particular Concern for religious freedom, pursuant to 

the International Religious Freedom Act of 1998, and that its tier 

ranking, pursuant to the Trafficking Victims Protection Act, should 

reflect the fact that the government is not making significant efforts to eliminate human trafficking. 

Again, I want to thank my colleagues for their support. I yield 

to any member who would like to speak. Mr. Meadows. 

Mr. MEADOWS. Mr. Chairman, I want to thank you for your comments and for highlighting this issue. And I have been in some of 

these hearings as we have heard the just riveting testimony from 

so many of the affected families. And time and time again, the recommendation was that we put forth meaningful legislation that 

does not just talk about our support for human rights, but really 

makes sure that it is measurable and that it has consequences. I 

am hopeful that we will see speedy action on this particular piece 

of legislation. 

95

I was unaware of many of the unbelievable atrocities that were 

happening until we heard testimony in this very room, and I want 

to thank the chairman for highlighting it, but also for putting forth 

this legislation that I hope will see an end to some of the unbelievable atrocities that are occurring. Specifically, to have an appointment of a country with the known violations to the Human Rights 

Council would be very problematic and would send the wrong message. So I agree and concur and would encourage the Secretary to 

oppose that until we see significant responses on behalf of the Vietnam Government. With that, I yield back. Thanking the chair. 

Mr. SMITH. Are there any other members who wish to be heard? 

If not, I do want to thank my distinguished colleagues for their 

participation and support for these bills on both sides of the aisle. 

This markup is concluded. And we are finished. 

[Whereupon, at 11:57 a.m., the subcommittee was adjourned.] 

(97)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

98

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80939n.eps

SlJBCOMMITTEE MARKlJP NOTICE 

COMMITTEE ON FOREIGN AFFAIRS 

US HOUSE OF REPRESENTATIVES 

WASHINGTON, DC 20515-6128 

Subcommittee on Africa, Global Health, Global Human Rights, and International 

Organizations 

Christopher H. Smith (R-NJ), Chairman 

May 14,2013 

TO: MEMBERS OF THE COMMITTEE ON FOREIGN AFFAIRS 

You are respecttully requested to attend an OPEN meeting of the Subcommittee on 

Africa, Global Health, Global Human Rights, and International Organizations, to be held in 

Room 2172 of the Rayburn House OfIice Building (and available live on the Committee website 

at .bnJ:11by"\'~yJprei~M.Thjrs 1:lQ1!1i~~): 

DATE: 

TIME: 

MARKUP OF: 

The Committee 011 

Wednesday, May 15,2013 

1130 a.m 

HR. 1951, 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; 

HR. 1897, To promote freedom and democracy in Vietnam; and 

HRes. 131, Concerning the ongoing conflict in the Democratic Republic 

of the Congo and the need for international efforts toward long-term 

peace, stability, and observance of human rights. 

By Direction of the Chairman 

to make It, fi1cJ!me~ access/Ne to 
99

Æ


80939m.eps

COMMITTEE ON FOREIGN AFFAIRS 

MINUTES OF SUBCOMMITTEE MARKUP 

MINUTES OJ' SUIlCOMMlTIEE ON A[Nca, Global Health, Global Human Rig"'s, alld MARKUP 

l~~+>_\ O~·.W-\O.S 

Day Wedne,<daJ' Date Mal' 15,2013 Room 2172 RlIJ'TntrJl 

Slm'tillg Time 11:36 1t.1II. Ending Time 11:59 It. III. 

Presiding Mcmher(s} 

C.Smilh 

Cileclr (til Of lite following Iftal apply: 

) L_to __ ) ( __ to ----.J ( 10 __ ) L-to __ } 

Open Session [ZJ 

Executive (closcd) Session D Televiscd [ZJ 

Electronically Rccord~taped) [ZJ 

Stenographic Record l.:LJ 

BILLS FOR MARKIJ 1', (Include Mil numbel'(s) alld litle(s) a/legislation) 

H.R.19SJ, Snm {flld TJm'M Goidmmlllt(emotiol1ai Child Abdlfcthm Prc)'rnr;OIl (fIrd Refilm Act 0/2013 

H.R. 1897, VietlUllJI H,mumlUgltts Act 0/2013 

H.Res. 131, COJlcemhlg tlteollgoing conflict;n the Democratic Republic of/he Cotlga ami titeJll'edjor ;ufemafifmal efforts toward 

1(I11g.ferm pe«cl!, .fifability, alld ohsefi'allce of 11Ilmau riglfts. 

COMl\lITTEE MEMBERS PRESENT: 

Bas,', Weber, Cidlline, Rem, llJeadofVs, Stockman 

NON·COMMITTEE MEMBERS PRESENT, 

STATf:M~:NTS FOl{ '['HE RECORD, (Mst any staleme/lfS stt"mittedfol' the recol'd.) 

ACTIONS TAKEN DURING THE MARKUP, (Allaoh copies o/Iegis/atioll alld amendments.) 

H.R. 1951 pas,,'etl, a,,' amended bJ' llIeadows (NC) #4, by 1tI1it/lllmolls consent 

H.1I1897 pttsset! by ItJUllllimolls COI",e11t 

H.1Ie,~. 131 passed, as amended. "y Buss (CA) 11-11, by It/UlmitllOlls cOllsell1 

RECORDED VOTf:S TAKI<:N (FOR MARKUP): (Attachf/Jwlrole tall" sheet listillg each member.) 

TIME SCHEDULED TO RECONVENE ___ _ 

01' 

TIME ADJOURNED "·59 (/ m '-.0<::" 

;' ~1V ~'!fn\'l '0· /"""f r>') 

SlIbconHlittee Staff Director