U.S. GOVERNMENT PUBLISHING OFFICE

30–102PDF WASHINGTON : 2018

SPECIAL ENVOY TO MONITOR AND COMBAT ANTI-SEMITISM

ACT OF 2017; SAM FARR PEACE CORPS ENHANCEMENT ACT;

ELIE WIESEL GENOCIDE AND ATROCITIES PREVENTION ACT

OF 2017; PROTECTING DIPLOMATS FROM SURVEILLANCE

THROUGH CONSUMER DEVICES ACT; INTERCOUNTRY ADOPTION INFORMATION ACT OF 2018; CAMBODIA DEMOCRACY

ACT; AND BURMA ACT OF 2018

MARKUP

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED FIFTEENTH CONGRESS

SECOND SESSION

ON

H.R. 1911, H.R. 2259, H.R. 3030, H.R. 4989, 

H.R. 5626, H.R. 5754, and H.R. 5819

MAY 17, 2018

Serial No. 115–130

Printed for the use of the Committee on Foreign Affairs

(

Available: http://www.foreignaffairs.house.gov/, http://docs.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 

DARRELL E. ISSA, California 

TOM MARINO, Pennsylvania 

MO BROOKS, Alabama 

PAUL COOK, California 

SCOTT PERRY, Pennsylvania 

RON DESANTIS, Florida 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

ADAM KINZINGER, Illinois 

LEE M. ZELDIN, New York 

DANIEL M. DONOVAN, JR., New York 

F. JAMES SENSENBRENNER, JR., 

Wisconsin 

ANN WAGNER, Missouri 

BRIAN J. MAST, Florida 

FRANCIS ROONEY, Florida 

BRIAN K. FITZPATRICK, Pennsylvania 

THOMAS A. GARRETT, JR., Virginia 

JOHN R. CURTIS, Utah 

ELIOT L. ENGEL, New York 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

KAREN BASS, California 

WILLIAM R. KEATING, Massachusetts 

DAVID N. CICILLINE, Rhode Island 

AMI BERA, California 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas 

ROBIN L. KELLY, Illinois 

BRENDAN F. BOYLE, Pennsylvania 

DINA TITUS, Nevada 

NORMA J. TORRES, California 

BRADLEY SCOTT SCHNEIDER, Illinois 

THOMAS R. SUOZZI, New York 

ADRIANO ESPAILLAT, New York 

TED LIEU, California

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

(III)

C O N T E N T S 

Page

MARKUP ON 

H.R. 1911, To amend the State Department Basic Authorities Act of 1956 

to monitor and combat anti-Semitism globally, and for other purposes ......... 2

Amendment in the nature of a substitute to H.R. 1911 offered by the 

Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey ................................................................................... 5

H.R. 2259, To amend the Peace Corps Act to expand services and benefits 

for volunteers, and for other purposes ............................................................... 9

Amendment in the nature of a substitute to H.R. 2259 offered by the 

Honorable Ted Poe, a Representative in Congress from the State of 

Texas .................................................................................................................. 26

H.R. 3030, To help prevent acts of genocide and other atrocity crimes, which 

threaten national and international security, by enhancing United States 

Government capacities to prevent, mitigate, and respond to such crises ....... 51

Amendment in the nature of a substitute to H.R. 3030 offered by the 

Honorable Ann Wagner, a Representative in Congress from the State 

of Missouri ......................................................................................................... 71

H.R. 4989, To require the Department of State to establish a policy regarding 

the use of location-tracking consumer devices by employees at diplomatic 

and consular facilities, and for other purposes .................................................. 80

H.R. 5626, To amend the Intercountry Adoption Act of 2000 to require the 

Secretary of State to report on intercountry adoptions from countries which 

have significantly reduced adoption rates involving immigration to the 

United States, and for other purposes ............................................................... 83

Amendments to H.R. 5626 offered by: 

The Honorable Adam Kinzinger, a Representative in Congress from 

the State of Illinois .................................................................................... 86

The Honorable Bradley S. Schneider, a Representative in Congress 

from the State of Illinois ........................................................................... 87

H.R. 5754, To promote free and fair elections, political freedoms, and human 

rights in Cambodia, and for other purposes ...................................................... 88

Amendment in the nature of a substitute to H.R. 5754 offered by the 

Honorable Ted S. Yoho, a Representative in Congress from the State 

of Florida ........................................................................................................... 97

Amendment to the amendment in the nature of a substitute to H.R. 

5754 offered by the Honorable Ted S. Yoho ............................................ 105

H.R. 5819, To promote democracy and human rights in Burma, and for 

other purposes ...................................................................................................... 106

Amendments to H.R. 5819 offered by: 

The Honorable Eliot L. Engel, a Representative in Congress from the 

State of New York ..................................................................................... 150

The Honorable Joe Wilson, a Representative in Congress from the 

State of South Carolina ............................................................................ 154

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

APPENDIX 

Markup notice .......................................................................................................... 180

Markup minutes ...................................................................................................... 181

Markup summary .................................................................................................... 183

The Honorable Ted Poe, a Representative in Congress from the State of 

Texas: Prepared statement .................................................................................. 184

(1)

SPECIAL ENVOY TO MONITOR AND COMBAT ANTI-SEMITISM 

ACT OF 2017; SAM FARR PEACE CORPS ENHANCEMENT 

ACT; ELIE WIESEL GENOCIDE AND ATROCITIES PREVENTION ACT OF 2017; PROTECTING DIPLOMATS FROM SURVEILLANCE THROUGH CONSUMER DEVICES ACT; INTERCOUNTRY ADOPTION INFORMATION ACT OF 2018; CAMBODIA DEMOCRACY ACT; AND BURMA ACT OF 2018

THURSDAY, MAY 17, 2018

HOUSE OF REPRESENTATIVES,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The committee met, pursuant to notice, at 10:00 a.m., in room 

2167 Rayburn House Office Building, Hon. Edward Royce (chairman of the committee) presiding. 

Chairman ROYCE. The committee will come to order. 

And pursuant to notice, we meet today to markup seven bipartisan measures. Without objection, all members may have 5 days 

to submit statements or extraneous materials on today’s business. 

As members were notified yesterday, we intend to consider today’s measures en bloc, and so without objection the following 

items previously provided to members, and also in your packets, 

will be considered en bloc and are considered as read. 

They are H.R. 1911, the Special Envoy the Monitor and Combat 

Anti-Semitism Act, Smith Amendment 96 in the nature of a substitute; H.R. 2259, the Sam Farr Peace Corps Enhancement Act, 

Poe Amendment 87 in the nature of a substitute; H.R. 3030, the 

Elie Wiesel Genocide and Atrocities Prevention Act with Wagner 

Amendment 33 in the nature of a substitute; H.R. 4989, Protecting 

Diplomats from Surveillance Through Consumer Devices Act; H.R. 

5626, the Intercountry Adoption Information Act with the 

Kinzinger Amendment 28 and the Schneider Amendment Number 

84; H.R. 5754, the Cambodian Democracy Act with Yoho Amendment 123 in the nature of a substitute and Yoho Amendment 125; 

and lastly, H.R. 5819, the Burma Act of 2018, Engel Amendment 

98, and Wilson Amendment 60. 

[The information referred to follows:]

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lli'im CONORE88 

hrr R:tJSSIOJ\ H. R. 1911 

To amend tlH~ State Department. Ba~i<: Authorities Ad, of l~fi() to monitor 

aud combat anti-Semitism globally, and Cor other purposes. 

11\ THE HOUSE OP REPl:UJSE~'l'ATlVBS 

:\PRTT, 5. 2017 

:\Ir. SMITH of New .Jersey (for himself, Mr. SCHNEIDER, Mr. RoSKAM. Mr. 

I~NORT,, Mr. WRBF:R. of Texas, Mrs. I,ovv"BY, Mr. DRU'"C:H, .Vlr. P,n,TIL~TGS, and }Ir. VEASEY) introdn<:,,d the following bilL whieh wa~ referred 

to U1e Connn.i(tee on Foreign Affairs 

A BILL 

To amend the State Department Basic Authorities Aet of 

1956 to monitor and combat anti-Semitism globally, and 

for other pm1Joses. 

1 Be il enacted by the Senate and House of Represenla2 hves of the United States 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Special Envoy to Mon5 itor and Combat Anti-Semitism Aet of 201 7". 

6 SEC. 2. FINDING. 

7 Congress finds that smce the Global Anti-Semitism 

8 Revit-~w A('t of 2004 was enaeted. m many foreign eoun9 tries acts of anti-Semitism have been frequent and w'ide 
3


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2 

in seope, the perpetrators and variety of threats to .Je,vish 

2 communities and their institutions have proliferated, and 

3 in some countries anti-Semiti(~ atta(~ks have im~reasea in 

4 frequency, scope, violenee, and deadliness. 

5 SEC. 3. MONITORING AND COMBATING ANTI-SEMITISM. 

6 Subsection (a) of section 59 of the State Departmeut 

7 Basic Authorities Act of 1956 (22 U.S.C. 2731) is amend8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

ed-

(1) in paragraph (2)-

(A) in subparagraph (A)-

(i) by insertin~· before the period at 

the end the follu·wing: ", who shall be appointe<l by the President, hy and 1vith the 

advice and consent of the Senate"; and 

(ii) by adding at the end the following 

new sentence: "The Special Euvoy shall report directly to the Secretary."; and 

(B) in snbparagraph (B)-

(i) by striking the first sentence; and 

(ii) in the third sentenee, by striking 

"The Seeretary may allow such officer or 

employee to retain the position (and the 

respousibilities associated with such position)" and inserting "Such officer or employee may not retain the position (or the 
4


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responsibilities asso(,iated \v:ith sueh posl2 tion)"; and 

3 (2) by adding at the end the follo\ving new 

4 paragraphs: 

5 "(3) DuTms.-The Special Envoy shall serve 

6 as the primary advisor to, and coordinate efforts 

7 across. the United States Government relating to 

8 monitoring aml eomhating anti-Semitism and anti9 Semitic incitement that occur in foreign countries. 

l 0 " ( 4) RAl\Tf( :\KD ST ATTTS OF ,\\VrDASSADOR11 The Special l<Jnvoy shall have the rank of ambas12 sador. 

13 "(5) (~UALIFICATIO~S.-The Spe(·.ial Envoy 

14 should be a person of recognized distinction in the 

15 field of16 "(A) combating auti-Semitism; or 

17 "(B) religious freedom.". 
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AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 1911 

OFFERED BY MR. SMITH OF NEW JERSEY 

Strike all after the enacting clause and insert the 

follmving: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "Special Envoy to Mon3 itor and Combat Anti-Semitism Act of 2018". 

4 SEC. 2. FINDING. 

5 Congress finds that smce the Global Anti-Semitism 

6 Review Act of 2004 was enacted, in many foreign coun7 tries acts of anti-Semitism have been frequent and wide 

8 in scope, the peq)etrators and variety of threats to -Je>"Vish 

9 eommunities aml their institutions have proliferate!l, and 

10 in some countries anti-Semitic attacks have increased in 

11 frequency, scope, violence, and deadliness. 

12 SEC. 3. MONITORING AND COMBATING ANTI-SEMITISM. 

13 (a) lK GENERAL.-Subsection (a) of section 59 of the 

14 State Department Basi(~ Authorities Act of 1956 (22 

15 U.S.C. 27:31) is amendecl16 (1) in paragraph (2)-

17 (A) in subparagraph (A)-
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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 

2 

(i) by inserting before the period at 

the end the follmving: ", who shall be appointed by the President, hy and with the 

advice and consent of the Senate"; and 

(ii) by adding at the end the follovving 

new sentence: "'l'he Special Envoy shall report directly to the Secretary.": and 

(B) in subparagraph (B)-

(i) in the heading, but striking "APPOTNTJVTRNT" and inserting "NO!VrTNA-

'1'101'\"; 

(ii) by striking the first sentence; 

(iii) in the seeond sentem~e, by striking "If the Secretary determines that such 

is appropriate, the Seeretary may appoint" 

and inserting "lf the President determines 

that such is appropriate, the President 

may nominate"; and 

( iv) in the third sentence, by striking 

"The Secretary may allow such officer or 

employee to retain the position (and the 

responsibilities associated \vith such position) held by such officer or employee prior 

to the appointment" and inserting "Such 

officer or employee may not retain the po-
7


30102h-3.eps

sition (or the responsibilities assoeiated 

2 with such position) held by such officer or 

3 employee prior to the nomination"; aml 

4 (2) by adding at the end the following new 

5 paragTaphs: 

6 " ( 3) DuTmS.-'l'he Special Envoy shall serve 

7 as the primary advisor to, and coordinate efforts 

8 a(~ross, the United States Government relating to 

9 monitoring and combating anti-Semitism and anti-

] 0 Semitic incitement that occur in foreign countries. 

11 "(4) RANK AKD STATUS Q}' AlVlBASSADOR.-

12 The Special Envoy shall have the rank of ambas13 sador. 

14 " ( 5) QuALIFICATIO~S.-The Special Envoy 

15 should be a person of re(~ognized clistim~tion in the 

16 field of17 "(A) combating anti-Semitism; 

18 "(B) religious freedom; or 

19 " (C) law enforcement.". 

20 (h) NcnnNNI'TON.-Not later than 90 days after the 

21 date of the enactment of this Act, and not later than 120 

22 after any such position becomes vacant, the President 

23 shall nominate the Special Envoy for Monitoring and 

24 Combating anti-Semitism under section 59 of the State 
8


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4 

Depadrnent Ba~ie Authoritie~ Ad of 1956, a~ amended 

2 by subsection (a) of this section. 

[g] 
9


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lHi'l'H CONGRESS 

18'1' St.:SSIOJ\ H.R.2259 

To amend the Peaee CoiJlN Aet to eJcclJalld senic:es ami benefits for volunteers, 

and for other purposes. 

lK THE HOUSE OP REPl:UJSE~'l'ATlVES 

.VJAY 1, 2017 

}Ir. PoE of Texas (for himself and Mr. Iill"iNEDY) introduced the follcrw:ing 

bill; which was referred to t.l1e Committee on I•'c.rcig11 1\ffairs, and in addition r.o the Committees on Oversight and GovernmPnt Reform, and 

Education and the ·workforce, Cor a period to be subsequenUy de1.ermined 

by the Speaker, in each case for consideration of such provisions as fall 

'IN~t.l1in tlw jurisdiction of the committre concerned 

A BILL 

To amend the Peace Corps Act to e"Xl)and services and 

benefits for voluntet~rs, and for other purposes. 

1 Be U enacted by the Senate and House of Represe:nla2 tit•es ofthe Undecl 8tates 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Sam Parr Peace Corps 

5 Enhancement Act''. 

6 SEC. 2. PROVISIONS FOR CURRENT AND FORMER VOLUN7 TEERS OF THE PEACE CORPS. 

8 (a) ENIL'L'\CED COMPENSATION BENEFITS.-
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2 

(1) IK GENERAL.-8e('tion 8142 of title f), 

2 United States Code, is amended3 (A) in suhse(~tion (e)-

4 (i) in paragntph (1), by striking "GS5 7" and inserting "GS-11 "; and 

6 (ii) by striking paragraph (2) and rc7 designating paragTaphs (3) and ( 4) as 

8 paragraphs (2) and (:1), respeetively; and 

9 (B) by adding at the end the follcnv:ing new 

10 subsertion: 

11 "(d)(l) The Dircetor of the Peace Corps shall provide 

12 the initial furnishing of mediral and other benefits under 

13 sedion R10:1(h) of this title to any former volunteer for 

14 the 180-day period beginning on the date of termination 

15 of the serviee of sneh volunteer, to the extent that the Di16 rector determines that such bcucfits arc g·ivcn with respect 

17 to an injur:y that is probably eompensable under this sec18 tion sueh term is defined for purposes of section 

19 8103(b)). The provision of such benefits may be author20 i:T.ed directly or by the eertifieation of vouchers, in aecord21 ance >vith section 810:3(b). 

22 "(2) A volunteer may not be provided medical or 

23 other benefits pursuant to pamgraph (1) unless the iqjury 

24 vvith respect to which such benefits would be provided was 
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proximately (~aused hy the employment of Hlwh volunteer 

2 under subsection (c)(2). 

3 "(J) Notwitlu.;tanding the HlO-aay limitation period 

4 under paragra.ph ( 1), a volunteer may receive medical or 

5 other benefits prm~ded pursuant to such paragraph with 

6 respect to an iqjury until the date on which the Secretary 

7 of Labor makes a final determination \vith respect to com8 pen;;ation for ;;ueh in,jury under this ;;edion, if the volun9 teer applied for such compensation before the last day of 

l 0 such limitation period. 

11 "( 4) The Director shall consult with health experis 

12 outside the Peace Corps, including ex.1)erts licensed in the 

13 field of mental health, in order to provide the best stand14 ard of care. 

15 "(5) The prov1s10ns of sed.ion RllG((~) of this title 

16 regardiug liability shall apply with respect to benefits pro17 vided to a former volunteer under this section in the same 

18 manner and to the same exteHt as such provisions apply 

19 with respect to benefits provided to an employee of the 

20 lT11ited States.". 

21 (2) AJ>PLICABILITY.-The amendments made 

22 by paragraph (l)(A) shall apply ~with respect to any 

23 compeusation paid pursuant to section 8142 of title 

24 5, rnited States Code, on or after the date of the 

25 enactment of this Act. 
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4 

(h) HEALTH CARE FOR VOLUNTEERS; CRIJVII~:\.L LI2 ABILITY FOR i\CTS AGAINST VOLUNTEERS.-Section 5 of 

3 the Peaee Corps Ad (22 U.S.C. 2504) is amendt~d4 (1) iu subsection (e), by striking "receive sueh 

5 immuni~ation and dental eare preparatory to their 

6 service" and inserting "receive, preparatory to their 

7 service. such immunization and dental care, and (in 

8 ;H;(~orda1we with snbseetion ( o)) s1wh trial preserip9 tions"; 

10 (2) in subsection (h), by striking "section, and" 

11 and inserting "section), and"; and 

12 (:3) by adding at the end the following new sub13 se('tions: 

14 "(o) The Director of the Peace Corps may only pre15 seribe mefl()(pline to a volunteer, indwling as a trial pre16 scription to a volunteer who chooses to usc such medica17 tion before departing the United States to a post, on an 

18 incli vidual basis aud in accordance with relevant rec19 ommendations or guidelines issued by the Director of the 

20 Centers for Disease Control and Prevention or the Com21 missioner of Food and Drugs, after counseling such volun22 teer about the benefits. risks, and side effects of each 

23 available medication for the prophylaxis of malaria. The 

24 Director shall monitor the volunteer during the course of 

25 such prescription for the development of any side effects 
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5 

(or determine that the volunteer has been so monitored), 

2 evaluate the volunteer at the completion of such course 

3 for evidenee of neuropsydriatri(~ symptoms (or determine 

4 that the volunteer has beeu so evaluated), and report to 

5 the Director of the Centers for Disease Control and Pre6 ventiou aud the Commissioner of J:i'ood and Drugs an.v 

7 such side effects or symptoms. A volunteer may only 

8 s;.v:iteh to the use of mefl()(pline from ;mother drug for the 

9 prophylaxis of malaria while serving at a post if another 

l 0 medication for the prophyla"X'is of malaria is simulta11 ueously provided to such volunteer in a manner that en12 sures continuous protection against malaria. 

13 "(p) It is the poli(\Y of the United States to reeogTrize 

14 the importance of Peace Corps volunteers and the core 

15 fnm~tion that sueh volunteers play ''vithin the ageney. The 

16 President should therefore prioritize the provision of 

17 health care services and necessary safety and security supIS port for all volunteers. 

19 " ( q) (1) ~Whoever engages m conduct outside the 

20 United States against a volunteer that would f'Onstitute 

21 an offense under any section listed in paragraph (2) if the 

22 conduct had been engaged in within the special maritime 

23 and territorial jurisdiction of the United States (as defined 

24 in section 7 of title 18, United States Code) shall be pun25 ished as provided for that offense. 
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6 

"(2) The seetions listed in this paragraph are sedions 

2 113, 1111, 1112, 1113, 1117 (to the e:xient that such sec3 tion applies to seetion 1111), 1201, 2241, 2242, 2244, 

4 and 2261A of title 18, United States Code. 

5 "(3) For purposes of this subsection, paragraph 

6 (9)(Bl (regarding residenees in foreign countries) of see7 tion 7 of title 18, United States Code, shall include the 

8 resiaenees used by volunteers in foreign eountries and the 

9 land appurtenant or ancillary thereto, irrespective of ow-:tl10 ership.". 

11 SEC. 3. PROVISIONS REGARDING EMPLOYEES OF THE 

1 2 PEACE CORPS. 

13 Seetion 7 of the Peaee Cm1Js Ad, (22 U.S.C. 2506) 

14 is amended15 (1) in suhsed,ion (a)-

16 (A) iu paragTaph (5), by iuserting "or 

17 paragraph (8)'' after "paragraph (6)''; and 

18 (B) by adding at the end the following ucw 

19 paragraph: 

20 "(8)(A) The Direetor of the Peace Corps may des21 ignate a position as a 'critical management position' or 

22 a 'critical management support position' if the position re23 quires speeiali~ed technical or professional skills aud 

24 lmmvledge of Peace Corps operations, such as positions 

25 that involve volunteer health services, financial manage-
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7 

ment, information tednwlogy, pro<'urement, persomuJ, 

2 legal services, or safety or security. 

3 "(B) Notwithstamling any limitation set forth in 

4 paragraph (2) and subjeet to subparagraph (C), an ap5 pointment or assignment to a critical management posi6 tion or a critical management support position designated 

7 under subparagraph (A) of this paragraph and any exten8 sion of sueh appointment or assignnu~nt shall he for a term 

9 of not more than five years. 

l 0 The Director shall ensure that any decision re11 garding an appointment, assignmeut, or extension of such 

12 appointment or assignment to a critical management posi13 tion or a eritieal management support position shall he 

14 consistent vvith Peace Cor1)S policies and based on oper15 ational and programmati(~ faetors."; aml 

16 (2) by adding at the end the following new sub17 section: 

18 " (d)( 1) (A) The President shall ensure that each over19 seas post has the services of a medical office that is con20 sistent in si:1.e and seope v.~th the needs of the Peaee Coq)s 

21 at such post, ineluding, if necessary, by detailing to any 

22 such post the licensed medical staff of other Unit eel States 

23 departments, ageneies, or establishments. 
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R 

"(B) An imliviaual may be hired as a Peace Cm1Js 

2 Medical Officer after consideration of the following cn3 teria: 

4 "(i) Medical training, experience, accreditations, 

5 and other qnalifieations. 

6 "(ii) Administrative capabilities. 

7 "(iii) Understanding of the local language and 

8 culture. 

9 "(iv) Ability to work in the English language. 

10 "(v) Interpersonal skills. 

11 "(vi) Record of performance. 

12 "(vii) Any other factors the Director of the 

13 Peaee Corps determines appropriate. 

14 " ( 2) The Director of the Peace CoqJs shall ensure 

15 that eaeh Peaee Corps ::V[edieal Offieer serving in a ma16 laria-endemic country receives training in the recognition 

17 of the side effects caused by the use of mefloquine and 

18 the data supporting the patieut information handouts re19 quired by the Food and Drug Administration regarding 

20 rnef1oquine, including the potential capacity of the drug 

21 to cause permanent neuropsychiatric. effeets.". 

22 SEC. 4. MONITORING TRAINING RECORDS. 

23 Sectiou 8 of the Peaee Corps Aet (22 U.S.C. 2507) 

24 is amended-
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9 

( 1) in suhsed,ion (a), hy aflding at the end the 

2 following new sentences: "As a part of such training, 

3 the Presi\lent, in (•oordination '.vith the Inspe<'t.or 

4 General of the Peace Corps, shall provide each vol5 unteer v~Tith information regarding the mandate of 

6 the Inspector General and the availability (ineluding 

7 contact information) of the Inspector General as a 

8 resonree for volunteers. The President :,;hall provide 

9 such information at least once during training that 

l 0 occurs prior to enrollment and at least once during 

11 each significant instance of traiuiug after em·oll12 ment."; and 

13 (2) hy adding at the end the following ne\v sub14 section: 

15 "(e) The President shall implement proeeanres to 

16 maintain a writteu record vcri~ving the attendance of each 

17 individual completing training provided to meet each re18 quirement in this section and sections 8A, 8B, 81<', and 

19 8G(b).". 

20 SEC. 5. ADDITIONAL DISCLOSURES TO APPLICANTS FOR 

21 ENROLLMENT AS VOLUNTEERS. 

22 Section 8A of the Peace Corps Act (22 U.S. C. 2507a) 

23 is amended24 (1) by amending subsection (d) to read as fol25 lows: 
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10 

"(d) INFORlvL~TION REGARDIKCi CRDmS ~ilu'l'D 

2 RISKS.-Each applicant for enrollment as a volunteer 

3 shall be provided, vvith respeet to the (~ountry in vvhid1 the 

4 applicant has been invited to serve, with iuformatiou re5 garding crimes against and risks to volunteers, including 

6 an ovcrv1cw of past crimes against voluutccrs in such 

7 country, the current early termination rate of volunteers 

8 serving in sueh eountry, any health risks prevalent in such 

9 country, and the level of satisfaction reported by volunl 0 teers serving in such country. Upon reePh~ng such infor11 mation, the applicant shall have the option to timely dc12 eline the im~tation ''~thout retaliation and ''~th priority 

13 to be invited to serve in a different eountry. ": and 

14 (2) in subseetion (f)(2)(B), in clause (iii), by 

15 striking "vid,irn advoeates" aml inserting "Vietim's 

16 Advocates,". 

17 SEC. 6. REPORTING REQUIREMENTS WITH RESPECT TO 

18 VICTIMS OF SEXUAL ASSAULT. 

19 Paragraph (3) of section 8B(a) of the Peace C011Js 

20 Act (22 U.S.C. 2507b(a)) is amended21 (1) by striking "SARLs'' and inserting "any 

22 employee of the Peace C011)s"; and 

23 (2) by strikiug "Victim ~\.xlvocatc" aud inscrt.ing 

24 "Victim's Advocate". 
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11 

1 SEC. 7. OFFICE OF VICTIM ADVOCACY. 

2 Seetion RC of the Peaee Corps Aet (22 r.S.C. 2507e) 

3 is amended4 (1) by striking "vietim advoeate" in eaeh plaee 

5 it appears and inserting "Victim's Advocate"; 

6 ( 2) by striking "victim advoeates'' in each plaee 

7 it appears and inse1iin1l "Vi dim's Advoeates"; aml 

8 ( 3 ) by striking subseetion (e). 

9 SEC. 8. REFORM AND EXTENSION OF THE SEXUAL ASSAULT 

10 ADVISORY COUNCIL. 

11 Section 8D of the Peace Corps Aet (22 U.S.C. 

12 2507d) is amended13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

( 1 ) in subseetion (b)-

(A) by striking "not less than 8 individuals" and inserting "not fewer thau 8 and not 

more than 14 individuals": 

(B) by inseliing after the first sentenee 

the follovving new sentenee: "At least one member shall also be lice11sed in the field of mental 

health."; and 

(C) by adding at the end the follcrvving new 

sentenee: "There shall he no limit to the number of terms an individual may serve as a member of the Council."; 

(2) in subsection (e)-
20


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12 

(A) by inserting "and the implementation 

2 of such policy'' after "section 8B"; and 

3 (B) by a(lding at the end the follovving 1ww 

4 seutence: "'l'o c·arry out the func·tions iu this 

5 subsection, the Council shall conduct case re6 views and shall have access, including through 

7 interviews or v-isits, to volunteers and staff in 

8 the fielll, to volunteer surveys under se(~tion RE, 

9 to all data collected from restricted repmiing, 

l 0 and to any other information neeessary to eon11 duct case reviews, except that the Council may 

12 not have aceess to any personally identifying in13 formation assoeiated with 1-meh ~mrveys or 

14 data."; and 

15 (0) in suhseetion (g), by striking "201R" and 

16 inserting "2023". 

17 SEC. 9. PUBLICATION REQUIREMENT FOR VOLUNTEER 

18 SURVEYS. 

19 Section SE of the Peace Corps Act (22 r.S.C. 2507e) 

20 is amended21 ( 1 ) in subsection (c)-

22 

23 

24 

25 

U~) in the first sentence. by striking 

"2018" aud iusertiug "2023''; 

(B) in the third sentenee, by striking "subsection (a)" and inserting "subseetion (h)"; and 
21


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2 

3 

4 

5 

6 

7 

8 

9 

lO 

11 

1:1 

(C) by adding at the eml the follo\ving new 

sentences: "The President shall publish on a 

puhlidy available website of the Peaee Cm1Js 

the results of each survey related to volunteer 

satisfaction in each country in which volunteers 

serve, and the early termination rate of volunteers serving in each such connti)-. The information puhlishe!l shall he postea in an easily 

accessible place near the description of the appropriate country and shall be written in an 

easily understood manner.". 

12 SEC. 10. EXPERTS AND CONSULTANTS FOR THE INSPECTOR 

13 GENERAL. 

14 Section 1:3 of the Peace CoqJs Act (22 U.S.C. 2512) 

15 is arnended16 (1) in subsection (a), by striking "Scctiou" aud 

17 inserting "section''; and 

18 (2) by adding at the end the follovving new sub19 section: 

20 An expert, consultant, or organi:;mtion thereof 

21 employed pursuant to subsection (a) by the Inspector Gen22 eral of the Peace Corps may be compensated without re23 gard to the daily equivalent of the highest mtc payable 

24 under section 5:3:32 of title 5, United States Code.''. 
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14 

1 SEC. 11. REPORT AND SURVEY ON VOLUNTEER ACCESS TO 

2 HEALTH CARE BENEFITS. 

3 (a) REPOR'l'.-Not later than oue year after the date 

4 of the enactment of this Art and annually thereafter for 

5 four years, the Director of the Pcaee Corps shall submit 

6 to the appropriate congressional eommittees a report in7 eluding eaeh of the following: 

8 ( 1) The number of Peaee CoqJs volunteers who 

9 returned to the United States in the prior year and 

10 whom the Director assisted in resolving difficulties 

11 in seeuring health care benefits through the Depart12 ment of TJabor (including difficulties in receiv-ing 

13 health care services or reimbursement for such serv14 ices). 

15 (2) The date on which the Director was eon16 tacted by each such volunteer to request such assist17 anee. 

18 ( 3) If such diffiedties were sueeessfully resolved 

19 by the Direetor, the date of each such resolution. 

20 ( 4) The average period of time that such resolu21 tion was pending, vv:ith respect to requests for such 

22 as8istanee in the prior year. 

23 ( 5) ·The rate of satisfaetion of sueh returned 

24 volunteers 1vith the quality of such assistance. 

25 (b) SURVEY.-
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15 

(1) IN cm~'ERAL.-Not later than one year 

2 after the date of the enactment of this Act and an3 nually thereafter, the Direetor shall submit to the 

4 appropriate eongressional committees a report m5 eluding the results of the survey deseribed in para6 graph (2). 

7 (2) SCOPE OF SUR'lEY.-The survey described 

8 1n this paragntph is an annual survey, provided to 

9 each former Peace Corps volunteer who accessed 

l 0 post-senice health care provided by the Peace 

11 Corps, that assesses, with respect to such voluuteers, 

12 each of the follovving: 

13 (A) The level of awareness of the existenee 

14 of the Federal Employees' Compensation pro15 gram and knuwledge of the spel~ifi(~ health eare 

16 benefits associated with Peace Corps serv1ce 

17 that are available under the program. 

18 (B) The level of awareness of the applica19 tion requirements of the program, ineluding eli20 gibility requirements and the documentation 

21 that the Department of Labor requires before 

22 making a deeision regarding benefits under the 

23 program. 

24 (C) The level of satisfaction vvith the pro25 gram, including the timeliness of processing ap-
24


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16 

plieations and providing reimbursement for 

2 health and other benefits. 

3 (D) The average time taken hy the St~(~-

4 retary of LaborS (i) to review and to approve or deny 

6 an applicatiou for benefits under the pro7 gram; and 

8 (ii) to provide a reimhnro-;ement for 

9 submitted medical claims. 

l 0 (E) The ability to access medical providers 

11 using the benefits provided by the program. 

12 (:3) PAPFJR.WORJC REDUCTION ACT E:\'liJMP13 TION.-The eolled.ion of data for purpoo-;es of a re14 port submitted under paragraph ( 1) is not subject to 

15 the requirements of subdmpter I of ehapter :15 of 

16 title 44, C nited States Code (commonly referred to 

17 as the "Paperwork R.eduetion Act"). 

18 (c) ~1PP1WPJ:UATJ£ COJ'\Gl:\ESSIO~AL COMMl'l''l'J£1£8.-

19 In this section, the term "appropriate eongressional com20 rnittees" means21 ( 1) the Committee on Foreign Affairs and the 

22 Committee on Appropriations of the House of Rep23 resentatives; and 
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17 

(2) the Committee on Foreign Relations of the 

2 Senate and the Committee on Appropriations of the 

3 Senate. 
26


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AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 2259 

OFFERED BY MR. POE OF TEXAS 

Strike all after the enacting clause and insert the 

follmving: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT 'l'lTLE.-'l'his Act may be cited as the 

3 "Sam Farr and Nick Castle Peace Corps Heform Act of 

4 2018". 

5 (b) TABLE OF CONTENTS.-The table of contents for 

6 this Act is as follows: 

See. 1. Short title: table of eontents. 

Sec. 2. Definitions. 

TITLE I-PEACE CORP8 VOLUNTEER 8UPPORT 

Sec. 101. Peace Corps volunteer medical care reform. 

Sec. 1 0~. Post-service peace corps volunteer medical care x·eform. 

See. 1 0:3. Peace Corps impact survey. 

See. 1 04. Extension of positions for Peace Coq's employees. 

TITLE 11-PBACE CORPS OVERSIGHT A.'.JD ACCOU!\TABILITY 

See. 301. Peace Corps volunteer access to Tnspeet.or General. 

See. 302. Publication requirement for volunteer surveys. 

:C:ke. 20:i. Consultation with Congress required before: opening or dosing overseaR offief's. and eountry progn-1n1s.. 

TITLE III-CRIME RISK REDl:CTION E!\ILiliCEMENTS 

See. ilOl. Imkpc:ndr:nt revic:w of volunteer dc:ath. 

8ec. 302. Additional disclosures to applicants for enrollment. as volunteers. 

8ec. 30:3. Additional protections against se"cml misconduct. 

8ec. 304. Extension of the office of victim advocacy. 

8ec. 305. Reform and extension of the 8e"clal Assault Advisory Council. 

8ec. 306. Experts and consultants for the Inspector General. 

8ec. 307. Definitions. 
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2 

1 SEC. 2. DEFINITIONS. 

2 In this Ad: 

3 ( 1) "APPROPRIATE CO~GRESSlONAL COlVL\11'1'-

4 'l'RES.-The term "appropriate congressional eom5 mittees" means6 (A) the Committee on Foreign Relations of 

7 the Senate; 

8 (B) the Committee on Appropriations of 

9 the Senate; 

10 (C) the Committee on 11'oreign "Affairs of 

11 the House of R,epresentatives; and 

12 (D) the Committee on Appropriations of 

13 the House of Representatives. 

14 (2) DmEC'l'Cm.-The term "Director" means 

15 the Direetor of the Peaee Corps. 

16 (:3) PEACE CORPS VOLUNTEER.-The term 

17 "Peaee Corps volunteer" means an individual de18 seribecl in seetion 5(a) of the Peaee Corps Aet (22 

19 U.S.C. 2504(a)). 

20 TITLE I-PEACE CORPS 

21 VOLUNTEER SUPPORT 

22 SEC. 101. PEACE CORPS VOLUNTEER MEDICAL CARE RE23 FORM. 

24 (a) lt\ GENRRAh-The Peace Corps Act 1s amend25 ed26 (1) in section 5 (22 U.S.C. 2504)-
28


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8 

(A) in subse(~tion (e), in the first sentenee, 

2 by striking "receive such immunization and 

3 dental (~are preparatory to their serviee" and in4 serting· "receive, preparatory to their service, 

5 such immunihation, dental care, and informa6 tion on prescription options and potential iuter7 actions, as necessary and appropriate and in ac8 eordan(~e with suhsedion (f)"; 

9 (B) by re-designating subsections (f), (g), 

10 (h), (i), (j), (k), (1), (m), and (n) as subsections 

11 (g), (h), (i), (j), (k), (l), (m), (u), and (o); 

12 (C) by inserting after subsection (e) the 

13 follovving new subseetion14 "(f) The Director of the Peace Corps shall consult 

15 vvith health e},.1Jerts outside the Pea(~e Cm1Js, induding ex16 perts licensed iu the field of mental health, and follow 

17 gc1idance by the Centers for Disease Control and Preven18 tion regarding the prescription of medications to a volun19 teer."; and 

20 (D) in subsection (i), as so redesig11ated, 

21 by striking "section, and" and inserting "sec22 tion), and"; and 

23 (2) by iuserting after section 5 the following 

24 new section: 
29


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4 

1 "SEC. 5A. HEALTH CARE FOR VOLUNTEERS AT PEACE 

2 CORPS POSTS. 

3 "(a) l~ GEJ'\E&U.-'l'he Presideut shall eusure that 

4 eaeh overseas post has the serviees of a medieal offiee that 

5 is eonsisteut in si:,-;e and seope with the uecds of the Peaee 

6 Corps at such post, induding, if neeessary, by detailing 

7 to any sueh post the lieensed medi(~al staff of other 1~ nited 

8 States departments, agencies, or establishments. 

9 "(b) HIRING CRITERIA.-In seleeting medieal offieers 

10 and support staff for overseas Peaee Corps posts, the Dill reetor of the Peaee Corps shall hire well-qualified and ea12 pable personnel to support the effeetiveness of health eare 

13 for Peaee Corps volunteers by evaluating eaeh ean14 diclate's15 " ( 1) medieal training, experienee, and aeeredi16 tations or other qualifieations; 

17 " ( 2) reeord of perforrnanee; 

18 "(3) administrative eapabilities; 

19 "(4) understanding of the loeal language and 

20 eulture; 

21 "(5) ability to work in the English language; 

22 " ( 6) inteqwrsonal skills; and 

23 " ( 7) such other faetors that the Direetor deter24 mines appropriate. 

25 "(e) CER'l'Al~ 'l'RAINl~G.-'l'he Direetor of the Peaee 

26 Corps shall ensure that eaeh Peaee Corps medieal offieer 
30


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servmg m a rnalaria-endemi(~ eountry re(~eives training in 

2 the recognition of the side effects of such medications. 

3 "(d) REv'1EW Al\D EVALUATION.-

4 "(1) lN GJ<JNJ<JRAL.-'l'he Director of the Peace 

5 Corps, acting through the Associate Director of the 

6 Office of Health Services and the country directors, 

7 shall review and evaluate the performance and 

8 health (~are delivery of all Peaee CoqJs me(lieal staff, 

9 inducting meclical officers, to-

] 0 "(A) ensure compliance with all relevant 

11 Peace Corps policies, practices, and guidelines; 

12 and 

13 "(B) ensure that medi(~al staff eornplete 

14 the necessary continuing meclical education to 

15 maintain their skills and satisfy lieensing and 

16 credentialing standards, as designated by the 

17 Director. 

18 "(2) REPORT '1'0 CONGRJ<JSS.-'l'he Director of 

19 the Peace Corps shall include, in the annual Peace 

20 Corps congressional budget justification, a confirma21 tion that the review and evaluation of all Peace 

22 Coq)s medical staff required under paragraph (1) 

23 has been completed. 

24 "(e) AKTIJ\L~ARIAL DRUGS.-The Director of the 

25 Peace Corps shall consult \vith e"Xl)erts at the Centers for 
31


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6 

Disease Control aml Prevention regarding reeommenda2 tions for prescribing malaria prophylaxis, in order to pro3 vide the best standard of eare >cv'ithin the eonte},.'t of the 

4 Peace Corps environment.". 

5 (b) TMPT,Rl\TRN'l'A'l'TON OF RFXXl:\fMRKDATTONS TIY 

6 THE INSPECTOR GENERAL 01<' THE PEACE CORPS.-

7 (1) INSPECTOR GE~ERAL REPORT.-As promptS ly as prad.ieable, the Direetor shall implement the 

9 actions outlined in the agency response for all open 

10 recommendations of the Inspector General of the 

11 Peace Corps set forth in the report entitled "}1'inal 

12 Program Evaluation Report: OTG Follow-up Evalua13 tion of Issues Identified in the 2010 Pee:we Cm1Js/ 

14 Morocco Assessment of Medical Care" (Report No. 

15 IG-16-01-E). 

16 (2) SEMIANNUAL RI£PORTS.-

17 (A) I~ITIAL REPORT.-Not later than 180 

18 days after the date of the ermctment of this 

19 Act, the Director shall submit a report to the 

20 appropriate congressional committees that de21 scribes the Director's strategy for implementing 

22 the recommendations referred to in paragraph 

23 (1). 

24 

25 

(B) Sl~BSEQUE~T REPORTS.-Not later 

than 180 days after the submission of the re-
32


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7 

port required under ~uhparagn1.ph (A), and 

2 semiannually thereafter, the Director shall sub3 rnit a report to the appropriate (~ongre~sional 

4 committees that describes the progress in imple5 menting the reeommendations referred to in 

6 paragraph ( 1) until all such recommendations 

7 have been implemented in aeeordanee \vith the 

8 agerwy' ~ re~pon~e to the report referred to in 

9 such paragraph. 

10 (3) NOTTFTCNrrox.-After the submission of 

11 eaeh report required under paragraph (2), the ln12 speetor General of the Peace Corps may notify the 

13 appropriate eongres~ional (~ommittees of any re(~-

14 ommendations from the report referred to in para15 gn1ph ( 1) that the In~pedor General determine~ re16 main unresolved. 

17 SEC. 102. POST-SERVICE PEACE CORPS VOLUNTEER MED· 

18 ICAL CARE REFORM. 

19 Seetion 8142 of title 5, United States Code, is 

20 amended by adding at the end the following new sub21 section: 

22 "(d)(1) The Secretary shall authorize the Direetor of 

23 the Peace Corps to furnish medical benefits to a volunteer, 

24 who is injured during the volunteer's period of service, for 

25 a period of 120 days folloV\~ng the termination of such 
33


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serviee if the Direetor eertifies that the volunteer's injury 

2 probably meets the requirements under subsection (c)(3). 

3 The Se(~retary may then eert.ify vouehers for these ex4 penses for such volunteer out of the Employees' Com5 pensation Fund. 

6 "(2) The Secretary shall prescribe the form and con7 tent of the certification required under paragraph ( 1 ). 

8 "(:1) A eertifieation under paragn1.ph (1) \vill eease 

9 to be effective if the volunteer sustains compensable dis-

] 0 ability in connection with volunteer service. 

11 "( 4) Nothiug in this subsection may be construed to 

12 authori11e the furnishing of any medical benefit that the 

13 Seeretary of Labor is not othenvise autlwrize<l to reirn14 burse for former Peace Corps volunteers who receive treat15 ment for in,iury or disease proximately (~e:msed by their 

16 service in the Peace Corps in accordance with this chap17 ter.". 

18 SEC. 103. PEACE CORPS IMPACT SURVEY. 

19 (a) IN GE~ERAL.-Beginning not later than one year 

20 after the date of the enactment of this Act and once every 

21 two years thereafter for the following six years, the Direc22 tor shall conduct a survey of former Peace Coq)s volun23 teers. 

24 (h) SCOPE OF SURVEY.-The survey required under 

25 subsection (a) shall assess, "~th respect to each former 
34


30102i-9.eps

Pea(~e Cm1l~ volunteer eompleting the ~urvey, the impaet 

2 of the Peace Corps on the former volunteer, including the 

3 volunteer'~-

4 ( 1) well-being; 

5 ( 2) career; 

6 (3) civic eugagemeut; and 

7 ( 4) commitment to public service. 

8 (e) REPORT.-The Dire(~tor ~hall ~ubmit a report 

9 containing the results of the survey conducted under sub-

] 0 section (a) toll ( 1) the Committee on Poreigu Relations of the 

12 Senate; 

13 (2) the Committee on Foreign Affair~ of the 

14 House of Representatives; 

15 ( 8) the Committee on Appropriations of the 

16 Seuate; aud 

17 ( 4) the Committee on Appropriations of the 

18 House of Represeutatives. 

19 (d) PAPERWORK REDUCTIO~ ACT EXEMPTION.-

20 Subchapter T of chapter 35 of title 44, United States Code 

21 (commonly known as the "Paperwork Reduction Act of 

22 1980"), shall not apply to the collection of information 

23 through the survey required under this section. 
35


30102i-10.eps

10 

1 SEC. 104. EXTENSION OF POSITIONS FOR PEACE CORPS EM2 PLOYEES. 

3 Sectiou 7(a) of the Peace Corps Act (22 U.S.C. 

4 2506(a)) is amended by adding at the end the follovving 

5 uew paragraph: 

6 " ( 8) (A) The Director of the Peace Corps may 

7 designate Peaee Corps positions as l~ritieal manageS ment or management support positions that require 

9 specialized technical or professional skills and knowl1 0 edge of Peace Corps operatious. Such positious may 

11 include positions in the following fields: 

12 "(i) Volunteer health services. 

13 "(ii) Financial management. 

14 "(iii) Information technology. 

15 "(iv) Procurement. 

16 "(v) Personnel. 

17 "(vi) Legal servil~es. 

18 "(vii) Safety and security. 

19 "(D) Subject to subparagraphs (C) and (D), 

20 with respect to positious designated pursuaut to sub21 paragraph (A), the Director may make or e1.iend re22 newahle appointments or assignments umler para23 graph (2) nohvithstancling limitations under sub24 paragTaphs (A) and (D) of paragraph (2) and para25 graph (5). 
36


30102i-11.eps

11 

"(C) In exenmnng authority umler ~uhpara2 graph (B), the Director shall ensure that all deci3 ~ion~ regarding the appointment, a~~ignment, or ex4 teusion of employees to any position designated pur5 suant to subparagraph (A)-

6 "(i) arc consistent with l<'cdcral law aud 

7 Peace Corps policy; and 

8 "(ii) are ha~ed upon operational and pro9 grammatic factors. 

10 "(D) The term of any appointment or assign11 mcut to auy position designated pursuant to sub12 paragTaph (A) may not exceed five years.". 

13 TITLE II-PEACE CORPS OVER14 SIGHT AND ACCOUNTABILITY 

15 SEC. 201. PEACE CORPS VOLUNTEER ACCESS TO INSPEC· 

16 TOR GENERAL. 

17 Section 8 of the Peace Coq)s Act (22 U.S.C. 2507) 

18 is amended19 

20 

21 

22 

23 

24 

25 

( 1 ) in subsection (a)-

(A) by striking "he" and inserting "the 

President"; and 

(B) by adding at the end the follcnving new 

scutcnccs: "As part of the training provided to 

all volunteers under subsection (a), and in coordination with the Inspector General of the 
37


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12 

Peaee Corp~, the Pre~ident ~hall provide all vol2 unteers vvith information regarding the mandate 

3 of the In~ped,or General and the availability 

4 (including· contact information) of the Inspector 

5 General and the Office of Victim Advocacy as 

6 a resource for volunteers. The President shall 

7 ensure that volunteers receive such information 

8 at least onee during training that O(~eur~ prior 

9 to enrollment and at least once during each sig1 0 nificant instance of training after enrollment."; 

11 and 

12 (2) by adding at the end the follov,~ng new sub13 ~ed,ion: 

14 " (c) The President shall implement procedures to 

15 maintain a re(~ord veri(ving ead1 individual (~ornpleting 

16 training provided to meet each requirement in this section 

17 and sections SA, SB, SF, and SG(b).". 

18 SEC. 202. PUBLICATION REQUIREMENT FOR VOLUNTEER 

19 SURVEYS. 

20 Section SE of the Peace Corps Act (22 r.S.C. 2507e) 

21 is amended22 ( 1) in subsection (b), in the first sentence23 

24 

25 

(A) by inserting ", ensure that each such 

plan includes a consideration of the results, 

with respect to each such representative and the 
38


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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 

18 

eountry of servwe of ead1 sud1 representative, 

of each survey conducted under subsection (c)," 

after "standards for Peaee Corps representatives"; and 

(D) by striking "and shall review" and mserting ", and review"; and 

( 2) in subsection (c)-

(A) in the first sentence, by striking 

"2018" and inserting "202:3"; and 

(D) in the third sentence, by striking "subsection (a)" and inserting "subsection (b)"; aud 

(C) by adding at the end the follmving new 

sentences: "The President shall publish, on a 

publicly available website of the Peace Corps, a 

report summarizing the results of each survey 

related to volunteer satisfaction in each country 

in which volunteers serve, and the early termination rate of volunteers serving in each such 

country. The information published shall be 

posted in an easily accessible place near the description of the appropriate country and shall 

be ~vvritten in an easily understood manner.". 
39


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14 

1 SEC. 203. CONSULTATION WITH CONGRESS REQUIRED BE2 FORE OPENING OR CLOSING OVERSEAS OF3 FICES AND COUNTRY PROGRAMS. 

4 Section 10 of the Peaee Corps Aet (22 U.S.C. 2509) 

5 IS amended by adding at the end the following new sub6 seetion: 

7 "(k)(l) Exeept as provided in paragraph (2), the Di8 reetor of the Peaee CoqJs may not open, elose, signifi9 cantly reduce, or suspend a domestie or overseas offiee or 

10 country program unless the Direetor has notified and eon11 suited vvith the appropriate congressional eommittees at 

12 least 15 days in advanee. 

13 "(2) The Direetor of the Peaee Corps may waive the 

14 application of paragTaph ( 1) for a period of not more than 

15 five days after an action deseribed in such paragraph if 

16 the Director determines such aetion is necessary to amelio17 rate a substantial seeurity risk to Pea(~e Corps volunteers 

18 or other Peace Corps personnel. 

19 "(3) For the purposes of this subsection, the term 

20 'appropriate eongressional committees' means21 "(A) the Committee on Foreign Affairs and the 

22 Committee on Appropriations of the House of Rep23 resentatives; and 

24 "(D) the Committee on Foreign Relations and 

25 the Committee on Appropriations of the Senate.". 
40


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15 

TITLE III-CRIME RISK 

2 REDUCTION ENHANCEMENTS 

3 SEC. 301. INDEPENDENT REVIEW OF VOLUNTEER DEATH. 

4 Sectiou 5 of the Peace Corps Act (22 U.S.C. 2504), 

5 as amended by section 101 of this Act, is further amended 

6 by adding at the end the follov.~ng new subsection: 

7 "(p)(1) ~ot later than ten clays after receiving notifi8 cation of the death of a volunteer, the President shall pro9 ville a briefing to the In~pe(~tor General of the Peaee Corp~ 

10 that includes-

]] "(A)(i) the available facts and circumstances 

12 surrounding the death of the volunteer, including a 

13 preliminary timeline of the events irnmediately pre14 eeding the death of the volunteer, ~uh~e(plent adion~ 

15 taken by the Peace Coq)s, and any information 

16 available to the Peaee Cm1l~ refleeting on the eau~e 

17 or root cause of the death of the volunteer; and 

18 "(ii) a description of any steps the Peace 

19 Corps plans to take to inquire further into the 

20 cause or root cause of the death of the volun21 teer, in(~luding the antieipated (late of the eorn22 pletion of such inquiry; or 

23 "(D) an explanation of why the Peace Cm1JS 

24 has determined that no further mqwry iuto the 
41


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16 

eause or root mmse of the death of the volunteer is 

2 necessary, including3 "(i) a des(~ription of the steps the Peaee 

4 Corps took to determine further inquiry was not 

5 necessary; and 

6 "(ii) the basis for such determination. 

7 "(2) If the Peace Coq)s has performed or engaged 

8 another entity to perform a root eause analysis or similar 

9 report that describes the cause or root cause of a volunteer 

10 death, the President shall prov-ide the Inspector General 

11 of the Peace Corps with12 "(A) a copy of all information prov-ided to such 

13 entity at the time sueh information is provided to 

14 such entity or used by the Peace Corps to perform 

15 the analysis: 

16 "(B) a copy of any report or study received 

17 from the entity or used by the Peace Corps to per18 form the analysis; and 

19 "(C) any supporting documentation upon which 

20 the Peace Corps or such entity relied to make its de21 termination, including the volunteer's eomplete med22 ical reeord, as soon as such information is available 

23 to the Peace Corps. 

24 "(:3) If a volunteer dies, the Peaee Corps shall take 

25 reasonable measures, in aeeordanee w-ith loeallaws, to pre-
42


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17 

serve any information or material, in any medium or for2 mat, that may be relevant to determining the cause or root 

3 eause of the death of the volunteer, induding personal ef4 fects, medicatiou, and other taugible items belonging· to 

5 the volunteer, as long as such measures do not interfere 

6 with the legal procedures of the host country if the govern7 ment of the host country is exercising jurisdiction over the 

8 investigation of SU(~h death. The Inspe(~tor General of the 

9 Peace Corps shall be provided an opportunity to inspect 

10 such items before their final disposition. 

11 "( 4) Consistent with the luspector General Act of 

12 1978 (5 U.S.C. App.), the Inspector General of the Peace 

13 Corps may imlependently review the fa(~ts aml eir14 cumstances surrounding the death of a volunteer and the 

15 adiom; taken by the Peaee Corps in responding to sueh 

16 incident. 

17 " ( 5) For the purposes of undertaking a review under 

18 this section, an officer or employee of the C nited States 

19 or a member of the Armed Forces may be detailed to the 

20 Inspector General of the Peace Corps from another de21 partment of the rnited States Government on a non22 reimbursable basis, as jointly agreed to by the Inspector 

23 General and the detailing department, for a period not to 

24 exceed one year. This paragraph may not be construed to 

25 limit or modify any other source of authority for reimburs-
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18 

able or nonreimbunmhle !letails. A nonreimbursable detail 

2 made under this section may not be considered an aug3 mentation of the appropriations of the Peaee Cm1Js. 

4 "(6) Upon request, the Peace Corps may make avail5 able neeessary funds to the Tnspeetor General of the Peaee 

6 Corps for reviews condueted by the lnspeetor General 

7 under this section. The request shall be limited to costs 

8 relating to hiring, proeuring, or otherwise obtaining med9 ieal-related e:J-qJerts or e:x'})ert serviees, and assoeiated trav1 0 el. 

11 "(7) The undertaking of a review under this sectiou 

12 may not be considered a transfer of program operating 

13 responsibilities to the Inspedor General of the Peaee 

14 Corps.". 

15 SEC. 302. ADDITIONAL DISCLOSURES TO APPLICANTS FOR 

16 ENROLLMENT AS VOLUNTEERS. 

17 Section SA of the Peace Corps Act (22 U.S.C. 

18 2507a(d)) is amended19 ( 1) by amending subsection (d) to read as fol20 lows: 

21 "(d) INFORMATION REGARDIKG CRDIES AND 

22 RISKS.-

23 "(1) I~ GEKE&U.-Each applicant for enroll24 ment as a volunteer shall be provided, with respect 

25 to eaeh country in which the applieant may be m-
44


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19 

vited to serve, with speeifie, aggregated, and easily 

2 accessible information regarding crimes against and 

3 risks to volunteers, induding4 "(A) au overview of past crunes against 

5 volunteers m such country, including statistics 

6 regarding uureported crime collected through 

7 anon:vmous surveys; 

8 "(B) the eurrent early termination rate of 

9 volunteers serving in such country; 

10 "(C) health risks prevalent in such coml11 try; 

12 "(D) the nature and frequency of sexual 

13 harassment reported hy volunteers serving in 

14 such country; 

15 "(E) the extent and ty1ws of serviees pro16 vided by the Peace Corps to voluuteers serving 

17 in such country, including access to medical 

18 care, couuseling services, and assistance from 

19 the Office of Victim Advocacy; and 

20 "(F) the level of satisfaction reported by 

21 volunteers serving in such country. 

22 "(2) OPTION TO TIMELY DECLIKE.-Upon re23 ceiviug informatiou described in paragraph (1), the 

24 applicant shall have the option to change the conn-
45


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20 

try of (~onsideration aml identify a substitute eoun2 try."; and 

3 (2) in suhse(~tion (f)(2)(B)(iii), hy striking "vi(~-

4 tim advocates" aud iusertiug "Victim's Advocates,". 

5 SEC. 303. ADDITIONAL PROTECTIONS AGAINST SEXUAL 

6 MISCONDUCT. 

7 Section 8B(a) of the Peace Corps Act (22 U.S.C. 

8 2507h(a)) is arnended9 ( 1) in paragraph ( :3 )-

] 0 (A) by striking "SARTJs'' and inserting 

11 "auy employee of the Peace Corps"; 

12 (B) by striking "Victim Advocate" and m13 serting "Vi(~tirn' s Advo(~ate"; and 

14 (C) by inserting "and require the Peace 

15 Corps to designate the staff at eaeh post who 

16 shall be rcspousiblc for providing the services 

17 described in subsection (c)" before the senri18 colou at the cud; 

19 ( 2 ) in paragraph ( 5), by striking "and" at the 

20 end; 

21 ( 3) in paragraph ( 6 ), by striking the period at 

22 the end and inserting a semicolon; and 

23 ( 4) by addiug at the end the following new 

24 paragraphs: 
46


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21 

"(7) maintains a re(~ord doeurnenting· the resignation 

2 of any employee or volunteer of the Peace Corps who re3 signs before a cleterrnination has been made regarding an 

4 alleged violation of the sexual misconduct policy or other 

5 serious policy violations; 

6 " ( 8) takes iuto account the record maintained under 

7 paragraph (7) before such employee or volunteer is hired, 

8 enrolled, or othenvise invited to work vvith the Peaee 

9 Corps; 

10 "(9) prm~des orientation or information regarding 

11 the awareness aud preveution of sexual assault aud sexual 

12 harassment to13 "(A) Peaee Cm1Js-seleded host families: and 

14 "(B) a designated person of authority at the 

15 volunteer's initial workpla(~e; and 

16 "(10) ensures, to the exteut practicable aud appro17 priate, that any assault on, or any harm or injury to, a 

18 volunteer that is committed by any member of a host fam19 ily or any national of a host country that was assigned 

20 by the Peace Coq)s to facilitate volunteer work is21 "(A) documented in an appropriate site history 

22 file and in the global tracking and recording system 

23 established pursuaut to section 8H( c); and 

24 "(B) taken into account with respect to deter25 minations regarding placements of future volunteers 
47


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22 

at SU(~h post and the provision of any funds or other 

2 benefit by the Peace Corps.". 

3 SEC. 304. EXTENSION OF THE OFFICE OF VICTIM ADVO· 

4 CACY. 

5 Section 8C of the Peace Corps Act (22 r.S.C. 2507c) 

6 is amended7 ( 1) by striking "victim advocate" each place it 

8 appears and inserting "Vi(~tim's Advoeate"; 

9 (2) by striking "victim advocates" each place it 

10 occurs and inserting "Victim's Advocates"; and 

11 ( 3) by ameudiug subsection (e) to read as fol12 lows: 

13 " (e) The Direetor of the Pea(~e Corps shall in(~lude 

14 the head of the Office of Victim Advocacy in agency-vvide 

15 polieymaking proeesses in the same manner and to the 

16 same extent as the directors or associate directors of other 

17 offices ''':ithin the Peace Corps.". 

18 SEC. 305. REFORM AND EXTENSION OF THE SEXUAL AS· 

19 SAULT ADVISORY COUNCIL. 

20 Section 8D of the Peace Corps Act (22 U.S.C. 

21 2507d) is amended22 ( 1) in subsection (b)-

23 

24 

25 

(A) by strikiug "not less than 8 individuals 

selected by the President, not later than 180 

days after the date of the enactment of this sec-
48


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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 

28 

tion,'' and inserting "not fewer than R and not 

more than 14 individuals selected by the President''; and 

(B) by insetting after the first sentence 

the follovving new sentence: "At least one member should be licensed in the field of mental 

health and have prior eAlJerience working as a 

eounselor or therapist providing mental health 

care to survivors of seuml assault in a victim 

services agency or organi:1.ation."; and 

(2) in subsection (c)-

(A) by inserting "and implemented" after 

"sexual assault poliey developed"; and 

(B) by adding at the end the follcnving new 

sentenee: "To earry out this subseetion, the 

Council may couduct case reviews and is authorized to have access, including through interviews or visits, to current and former voluuteers 

(to the extent that such volunteers provide the 

Peace Corps ex1)ress consent to be interviewed 

by the Council), to volunteer surveys under section 8E, to all data collected from restricted reporting, and to any other information necessary 

to conduct case reviews, except that the Council 

may not have access to any personally identi-
49


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24 

(ying information a~~oeiated >vith ~ueh ~urvey~. 

2 data, or information."; and 

3 (8) in suh~e(~tion (g), by ~triking "2018" and 

4 inserting· "2023". 

5 SEC. 306. EXPERTS AND CONSULTANTS FOR THE INSPEC· 

6 TOR GENERAL. 

7 Section 13 of the Peace Corps Act (22 U.S.C. 2512) 

8 i~ amended9 (1) in subsection (a), by striking "Section" and 

10 inserting "section"; and 

11 (2) by adding at the end the following new sub12 section: 

13 " (e) An expert, eonsultant, or organization thereof 

14 employed pursuant to subsection (a) by the Inspector Gen15 eral of the Pea(~e Corp~ may be eompen~atecl without re16 gard to the daily equivalent of the highest rate payable 

17 under section 5:3:32 of title 5, United States Code.". 

18 SEC. 307. DEFINITIONS. 

19 Section 26 of the Peace CoqJs Act (22 U.S.C. 2522) 

20 is amended21 ( 1 ) by redesignating subsections (a), (b), (c), 

22 (d), (e), (f), and (g) as paragraphs (1), (6), (2), (3), 

23 (8), (7), and (5), respectively, by arranging such re24 designated paragraphs in numerical order, and by 

25 moving such paragraphs 2 ems to the right; 
50


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25 

(2) in paragraph (1), as redesignated, by strik2 ing "(1)" and inserting the following: 

3 "In this Ad: 

4 " (1 ) "; and 

5 (3) by inserting after paragraph (3), as redesig6 nated, the followiug: 

7 '' ( 4) The term 'medical officer' means a physi8 eian, nurse praditioner, physieian·s assistant, or 

9 registered nurse with the professional qualifications, 

10 e"Xl)ertise, and abilities consistent vvith the needs of 

11 the Peace Corps and the post to which he or she is 

12 assigned, as determined by the Director of the Peace 

13 Cm1Js.". 
51


30102c-1.eps

11'1m CONGRESS 

18'1' 81-JSSIOt\ H. R. 3030 

To help prevent aets of genoeide and (\ther atroeity eriHH'N, wlild1 threaten 

national and international security, by enhancing United States Government capacities to prevent, mitigate, and respond to such erises. 

IK THE HOUSE OF REPRESE~TATIVES 

Juc-~E 22, 2017 

.\'lrs. WAOl\eJR (for lwrst•lf, Mr. WKBF]R of Texas, .Vlr. COHR'i, .Vlr. iVIRRRF.R, 

lVIs. IVILSON of Fl<>ri!la, J.\k TEKNEY, Mr. McCiOVERc-1, Mr. Ec-~GEL, lYis. 

lVIcCOLLU:VI, lVIr. KEATING, :VIr. SEc-!8EKBRENNER Mr. Kfu'..KNA, lVIr. 

PAULSBN, Mr. EVAJ\8, lVIr. CuowLEY, Mr. CmsT, Mr. ELLISON, Mr. 

CAHTWR.Tnwr, Ms. 1-\Hl']A-Pon.TRR., lVfr. COFFMAN, :\Trs. \VATRON Ccn,R-

:vrAK, lV!r. SHF]RMAN, Ms. RDRBN, Mrs. Co:vrRTOCK, lVlr. l<'T'f!IPATR.TCK, 

lYir. RASKIN, :VIr. TnOliL'\.S ,T. ROONEY of Florida, and :VIr. RODNEY 

DA>'IS of Illinois) introdttced the following bill: which was referred to the 

Committee on Foreign Affairs, and in addition to the Permanent Select 

Committee on Intelligence, for a period to be subsequently determined by 

the Speaker, in e:wll <·.a~e fnr !'onsideration of cmeh provisions as fall •~it.hin the jttrisdiecion of lhe comm.itcee concerned 

A BILL 

To help prevent acts of geuocide and other atrocity crnncs, 

which threaten national and international security, by 

enhan(~ing- United States Government eapa(~ities to prevent, mitigate, and respond to such crises. 

1 Be d enacted by the Senate and House of Representa2 fives of the United States 
52


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2 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.-This Aet may he eited as the 

3 "Elic Wiesel Gcuocidc and Atroeitics Preventiou Act of 

4 2017". 

5 (b) TABLJ:<; Ol•' CON'l'EN'l'S.-The table of coutents for 

6 this Act is as follows: 

See. 1. 

See. 2. 

See. " 0. 

See. 4. 

See. 5. 

Sec. 6. 

Sec. 7. 

Sec. 8. 

Short title: table of 1:ontents. 

}'imling8. 

Dell.nitions. 

Statement of poliey regarding genoeide and other atroeity erime~ preYention. 

Mass Atroeities Task ~'oree. 

Training of Foreign Serviee officers in eonl1ict and atroeit,y criines preW1ntion 

Report of che Diredor of Nacional Intelligence. 

Complex Crises Fund. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

9 (1) The nature of genoeide and other atrocity 

10 crimes, includiug war crimes, erimcs against human11 ity, and ethnic cleansing, includes shocking acts of 

12 v:iolen(~e pe11Jetrated by governments and non-state 

13 aetors, whieh have killed millions of civ-ilians and 

14 other innocent individuals. 

15 (2) The commitment to prevent acts of genoeidc 

16 and other atrocity crimes has been a centerpiece of 

17 poliey by eonseeutive a!lministratiom; of the rnited 

18 States Government. 

19 (3) The United States was the first country in 

20 the world to sigH the Convention on the Preventiou 

21 and Punishment of the Crime of Genocide, signed at 
53


30102c-3.eps

8 

Paris Deeemher 9, 194R, and Presiaent Ronald 

2 Reagan signed implementing legislation allcnving the 

3 Unitea States to he<:ome a party to the Convention 

4 on Kovember 25, Hl88. 

5 (4) In the 2006 National Security Strategy, 

6 President George W. Bush highlighted the "moral 

7 imperative that states take action to prevent and 

8 punish geno(;ide". 

9 ( 5) In 2008, the bipartisan Genocide Prevention 

l 0 Task Force, which was co-chaired by former Sec11 retary of Dcfeuse William Cohen and former Sec12 retary of State Madeleine Albright13 (A) stated "geno(~ide and mass atroeities 

14 also threaten core U.S. national interests"; and 

15 (B) re(~ornrnended the ereation of "a new 

16 standing interageucy mechanism for analysis of 

17 threats [of genocide and other mass atrocities] 

18 and coordination of appropriate preventive ac19 tion". 

20 (6) In December 2010, the Senate unanimously 

21 passed Senate Concurrent Resolution 71, which rec22 ognized the United States "national interest in help23 ing to prevent and mitigate acts of genocide aml 

24 other mass atrocities against civilians, and sup25 porting and eneouraging efforts to rlevelop a whole 
54


30102c-4.eps

4 

of government approaeh to prevent and mitigate 

2 such acts''. 

3 (7) In 2012, President Ohama, in Presidential 

4 Study Directive 10, which ordered the creation of 

5 the Atrocities Prevention Board, stated that he 

6 would ensure that the C nited States Government 

7 has the required structures, tools, and mechanisms 

8 to better prevent and respond to atroe.it.y <~rimes. 

9 (8) In February 201,1, James Clapper, the 

l 0 former Director of National Intelligence, stated m 

11 his annual national security threat assessment to 

12 Congress13 (A) "The overall risk of maHs atroeities 

14 worldwide will probably increase in 2011 and 

15 heyond.": 

16 (B) "lVlany countries at risk of mass atroe17 ities will likely be open to influence to prevent 

18 or mitig-ate them."; and 

19 (C) "Much of the world will almost cer20 tainly turn to the United States for leadership 

21 to prevent and respond to mass atrocities.". 

22 (9) In February 2016, former Director of Na23 tional Intelligence Clapper stated, in his aunual na24 tional security threat assessment to Congress, 

25 "Risks of atrocities, large-seale violence, and regime-
55


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5 

threatening instability \'iTill rernam elevated m 

2 2016.". 

3 (10) The United States ('.an strengthen its 

4 atroeity enmes prevention and peaeebuilding efforts 

5 by6 (A) supporting civil society whieh serves a 

7 central role in promoting nonviolent conflict 

8 resolution and supporting early warning; 

9 (B) enhancing cooperation and under-

] 0 standing among ethnic and religions gTm1ps, 

11 communities, and factions; 

12 (C) working with the international commu13 nity to ensure shared responsibility by enham~-

14 ing multilateral and regional mechanisms that 

15 seek to prevent genoeide and other atroeity 

16 crnnes; 

17 

18 

19 

20 

21 

22 

23 

(D) promoting effective accountability 

meehanisms to deter individuals and entities 

that may ineite or commit genoeide or other 

atrocity crimes; and 

(E) implementing policies that hold aceountable individuals and entities that incite or 

commit genocide or other atrocity crnnes. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 
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6 

(1) ATROCITY CRilVIE8; lVh\88 ATROCITIE8.-The 

2 terms "atrocity crimes" and "mass atrocities" mean 

3 large seale and tleliberate ads of violen(~e against (•i4 vilians and include genocide, war crimes, cnmes 

5 against humanity, and ethnic cleansing. 

6 (2) GB.\'OCIDE.-'l'hc term "genocide" has the 

7 meaning given the term in section 1091(a) of title 

8 18. United States Colle. 

9 (3) PEACEBUILDIXG.-The term "peacebuild-

] 0 ing" means nonviolent activities designed to prevent 

11 conflict throu~rh12 (A) addressing root causes of violence; 

13 (B) promoting sustainable peace; 

14 delegitimizing violence as a dispute 

15 resolution strategy; 

16 (D) building capacity withiu society to 

17 peacefully manage disputes, including the ca18 pacity of governmeuts to address citi;.-;en griev19 ances; and 

20 (E) redueing vulnerability to triggers that 

21 may spark violence. 

22 ( 4) SECRETARY.-The term "Secretary" means 

23 the Secretary of State. 
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7 

(5) \VAR CRilVIE.-The term "war erime" haN 

2 the meaning given the term in section 2441(c) of 

3 title lR, United States Code. 

4 SEC. 4. STATEMENT OF POLICY REGARDING GENOCIDE 

5 AND OTHER ATROCITY CRIMES PREVENTION. 

6 It is the policy of the U nitcd States7 ( 1) to regard the prevention of genocide and 

8 other atroeity erimes aN a eore national se(mrity in9 terest and a core moral responsibility; 

10 (2) to mitigate threats to rnited States security 

11 by addressing the root causes of insecurity and vio12 lent conflict to prevent13 (A) the mass slaughter of (•ivilians; 

14 (B) conditions that prompt intemal dis15 phwernent and the flow of refugees aeross bor16 ders; and 

17 (C) other violence that wTeaks havoc on re18 gional stability and livelihoods: 

19 (3) to enhance our Nation's capacity to identify, 

20 prevent, address, and respond to the drivers of 

21 atrocity crimes and ·violent conflict as part of our 

22 humanitarian, development, and strategic interests; 

23 ( 4) to pursue a Government-wide strategy to 

24 prevent and respond to the risk of genocide and 

25 other atrocity crimes by-
58


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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 

R 

(A) strengthening the (liplomati(~, risk 

analysis and monitoring, strategic planning, 

early warning, and response eapa<·.ities of the 

United States Government: 

(D) improv'ing the use of foreign assistanee 

to respond early, effectively, and urgentl.Y m 

order to address the root causes and drivers of 

violem~e, systemi(~ patterns of human rights 

abuses, and atrocity m·imes: 

(C) strengthening diplomatic response and 

the usc of foreign assistauee to support transitional justice measures, including criminal aceountahility, for past atroeity mimes; 

(D) supporting international atroeity 

erimes prevention, (;onfliet prevention, pe~wekeepiug, and pcaeebuildiug meehanisms; 

(E) supporting and strengthening local 

eivil society, iueluding human rights defeudcrs 

and others working to help prevent and respond 

to atrocity crimes, and protecting their ability 

to reeeive suppmt from and partner with civil 

soeiety at large; and 

(F) promotiug financial transparcney aud 

enhaneing anti-e.orruption initiatives as part of 

addressing a root eanse of insecurity; and 
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30102c-9.eps

( 5) to employ a variety of unilateral, bilateral, 

2 and multilateral means to prevent and respond to 

3 eonfliets aml atroeity erirnes hy4 (A) plaeiug a high priority ou timely, pre5 ventive diplomatic efforts: and 

6 (B) exercising a leadership role iu pro7 moting international efforts to end crises peace8 fully. 

9 SEC. 5. JVIASS ATROCITIES TASK FORCE. 

10 ESTATILTSmvmNT.-The President shall instruct 

11 the Secretary to establish a Mass Atrocities Task J<'orce 

12 (referred to in this section as the "Task Force'') ~with the 

13 mandate14 (1) to strengthen the Department of State's ef15 forts at atroeity prevention and response; and 

16 (2) to assist other departments and ageucies iu 

17 their efforts to do the same. 

18 (b) LEADH:HSHlP.-'l'hc Under Secretary of State for 

19 Civilian Security, Demoeracy, and Human Rights, or an20 other position of equivalent rank, shall serve as the Chair 

21 of the Task Force and shall report to the Secretary. 

22 (c) RESPO~SIBILITIES.-Under the direction of the 

23 Chair, the Task Force shall-
60


30102c-10.eps

10 

(1) meet reg1:uarly to emmre that atroeity 

2 crimes and the risk of atrocity crimes throughout 

3 the \Vorld are adequately eono-;i!lered aml addressed; 

4 (2) facilitate the developmeut and execution of 

5 polieies and tools to enhance the capacity of the 

6 United States to prevent and respond to atrocity 

7 crimes worlclvvide; 

8 (:1) monitor developmento-; throughout the world 

9 that heighten the risk of atrocity crimes; 

l 0 ( 4) analy:1.e and elosely rev'iew specific atrocity 

11 crimes threats or situations of heightened concern; 

12 (5) identify any gaps in United States foreign 

13 poliey eoneerning regions or partieular (~ountries re14 lated to atrocity crimes prevention and response; 

15 ( 6) irw.orporate lessons learnerl from pao-;t 

16 United States Govennnent efforts to preveut aml re17 spond to atroeity erimes; 

18 (7) provide the Secretary with recommendations 

19 and potential improvements to polieies, programs, 

20 resources, and tools related to atrocity erimes pre21 vention and response; 

22 (8) coordinate the Department of State's en23 gagemeut in iuten1gcncy processes led by the Na24 tional Security Council that share the Task Force's 

25 objee.tives; 
61


30102c-11.eps

11 

(9) (~omlnet ontrea(•h, ind1Hling e.omn:tltation1"\, 

2 not less frequently than biannually, 1v:ith representa3 tives of nongovernmental organizations ded:i(~ated to 

4 atrocity crimes prevention aud res1xmse and other 

5 appropriate parties6 (A) to receive assistance for the Task 

7 Force's efforts to address emerging atrocity 

8 erimes threats or situations and clevdop new or 

9 improved policies and tools; and 

10 (B) to provide an appropriate public un11 dcrstamliug of the work of the Task B

1

orce; 

12 (1 0) in carrying out paragTaphs (1) through 

13 (9), foeus on partieular ways for the United States 

14 Govenunent to develop, strengthen, and enhance its 

15 eapahilities to16 (A) monitor, rece1ve early warning of, and 

17 coordinate responses to potential atrocity 

18 crnnes; 

19 (B) deter and isolate peqJetrators of a troc20 ity crimes through all available authorities; 

21 (C) promote criminal accountability and 

22 deny impunity for perpetrators of atrocity 

23 crimes within the United States aud throughout 

24 the world; 
62


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12 

(D) engage allie~ aml partners, induding 

2 the United K ations Office on Genocide Preven3 tion and the Respon~ihility to Proteet and other 

4 multilateral and regional institutions, to build 

5 capacities :md mobilize action for preventing 

6 aud rcspouding to atroeity erimes; 

7 (E) encourage the deplo;y1nent of eivilian 

8 a!lv:i~or~ to prevent and re~poml to atroeity 

9 m·imes; 

l 0 (F) merease eapacity and develop doctrine 

11 for the United States B'oreigu Service, eivil 

12 service, Armed Forces, development profes13 ~ional~, and other ador~ to engage in the full 

14 speetrum of atroeity erimes prevention and re15 ~pon~e adivitie~; 

16 (G) develop aud implemeut tailored foreign 

17 assistanee programs that address and mitigate 

18 the risks of atroeity erimcs; 

19 (H) ensure intelligenee eolleetion, analysis, 

20 and sharing of appropriate information; and 

21 (I) address any other issues that the Task 

22 Force determines to be appropriate; and 

23 (11) in earryiug out paragraphs (1) through 

24 ( 9), reeeive support from-
63


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1:1 

(A) the Bureau of Confliet and Stahiliza2 tion Operations; 

3 (B) the Offiee of Global Criminal ,Justiee; 

4 (C) the Bureau of Democracy, Human 

5 Rights and TJabor; 

6 (D) the Bureau of lnternatioual Narcotics 

7 and lmw Enforcement Affairs; 

8 (E) the Bureau of International Organiza9 tion rVfairs; and 

l 0 (F) other bureaus and offices of the Dell partmcnt of State, as appropriate. 

12 (d) COMPOSTTTOK.-The Task Force shall13 ( 1) seek to ensure that its efforts eornplement 

14 and support interagency processes led by the N a15 tional Se(mrity Coun(~il that share the Task Fon,e'o-; 

16 objectives; and 

17 (2) operate with regular consultation and par18 tieipatiou of designated representatives, at the As19 sistant Secretary level or higher, of------

20 (A) the Department of State; 

21 (B) the United States Agency for Inter22 national Development; 

23 (C) the Department of Defense; 

24 (D) the Department of .Justice; 

25 (E) the Department of the Treasury; 
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30102c-14.eps

2 

3 

4 

5 

14 

(F) the Department of Homeland Seenrity; 

(G) the Central Intelligence Agency; 

(H) the Offiee of the Diredor of National 

lutelligence; 

(I) the United States Mission to the 

6 United Nations; 

7 ( .J) the Federal Bureau of Investigation; 

8 (K) the National Seeurity Conneil; and 

9 (L) such other executive departments, 

l 0 ageneies, or offiees as the Chair may desig11ate. 

11 (c) HEPORT.-Not later thau 180 days after the date 

12 of the enactment of this Act and every tlwee years there13 after for the following six years, the Se(~retary, in eon"mlta14 tion v1~th the Task Foree, shall submit an unclassified re15 port, vv:ith a das;;ified annex if neee;;;;ary, to the Corn16 mittec on J1'orcigu Relations of the Senate, the Committee 

17 on Appropriations of the Senate, the Committee on ForIS eign Affairs of the House of Representatives, and the 

19 Committee on Appropriations of the House of Representa20 tives that ineludes21 ( 1) a review, in eonsultation '>'l~th the represent22 atives listed in subseetion (d), eonsisting of23 (A) an evaluation of the efficaey of eurrent 

24 efforts based on rnited States and loeally iden25 tified indieators, ineluding capaeities and eon-
65


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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 

15 

,.;traints for Government-vv:i!le deteetion, early 

warning and response, information-sharing, 

eontingene.y planning, and eoonlination of efforts to prevent and respond to situations of 

atrocity crimes and other mass v-iolence, such as 

geuder-based violence; 

(B) an assessment of the funding expended 

hy relevant Fedt-)r<l1 agene.ie,.; on atroeity erime,.; 

prevention activities, including transitional justice measures and the legal, procedural, and resource coustraiuts faced by the Department of 

State and the United States Agency for International Development throughout resped.ive 

budgeting, strategic planning, and management 

eydes to ,.;upport eonfliet and atroeity erirne,.; 

prevention activities in countries identified to be 

at risk of atrocity crimes: 

(C) current annual global asscssmeuts of 

sources of instability, conflict, and atrocity 

erimes; 

(D) recommendations to further strengthen United States capabilities described in subparagraph (A): aud 

(E) consideration of analysis, reporting, 

and poliey reeommendatio11s to prevent and re-
66


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16 

~pond to atro(~ity erime~ proaueed hy eiv:il SO('.l2 ety, academic, and other nongovernmental orga3 nization~ and institution~; 

4 (2) recommendations to ensure shared responsi5 bilityby6 (A) enhaneing multilateral meehanisms for 

7 preventing atroeity erimes, including strengthS ening the role of international organization~ 

9 and international finaneial institutions in conl 0 flirt prevention, mitigation, and response; and 

11 (B) strengthening regional organi;-;ations; 

12 and 

13 ( 0) the implementation status of the re(~-

14 ommendations eontained in the review deseribed in 

15 paragraph (1). 

16 (f) SL~TERHLS AND Bl\.lEI:<'l~GS.-'l'he Chair aud 

17 rnembers of the Task Foree shall annually (or more often 

18 as appropriate)-

19 ( 1) provide briefings to the Committee on For20 eign Relations of the Senate and the Committee on 

21 Foreign Affairs of the House of Representatives; 

22 and 

23 (2) provide briefings and materials, as appro24 priate, to the relevant congressional committees. 
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17 

(g) ATTTHORIZATIOK OF ArPROPRlilcTIO~S.-There 

2 are authorized to be appropriated such sums as may be 

3 neeessary for fiseal years 201R, 2019, and 2020 to earry 

4 out this section. 

5 SEC. 6. TRAINING OF FOREIGN SERVICE OFFICERS IN CON6 FLICT AND ATROCITY CRIMES PREVENTION. 

7 Paragraph (1) of section 708(a) of the Foreign Serv8 iee Aet of 19RO (22 U.S.C. 402R(a)) is amended9 (1) in subparagraph (B), by striking "and" at 

10 the end; 

11 in subparagraph (C), b.Y striking the period 

12 at the end and inserting "; and''; and 

13 (0) hy adding at the end the follovv:ing new snh14 paragraph: 

15 "(D) instrudion on re(~ognizing patterns of 

16 escalation and early warning signs of potential 

17 atrocity crimes or violence, including genderIS based violence, and methods of eonf1iet assess19 ment, peacebuilding, mediation for prevention, 

20 early action am1 response, and transitional jus21 tice measures to address atrocity crimes.". 

22 SEC. 7. REPORT OF THE DIRECTOR OF NATIONAL INTEL23 LIGENCE. 

24 The Director of National Intelligenee is eneouraged 

25 to inelude in the Director's annual (or more often as ap-
68


30102c-18.eps

18 

propriate) undassified testimony, aeeompanied by a dassi2 fied annex, if necessary, to Congress on threats to rnited 

3 States national seeurity4 ( 1) a review of couutries and reg·ions at risk of 

5 atrocity crimes; and 

6 (2) whenever possible, specific mention of coun7 tries and regions at immediate risk of atrocity 

8 erunes, inelwling most likely pathways to violenee, 

9 specific risk factors, potential groups of perpetra10 tors, and at-risk target groups. 

11 SEC. 8. COMPLEX CRISES FUND. 

12 (a) ESTABTJTSHMRKT.-There lS established in the 

13 Treasury of the United States a fund. whieh shall he 

14 known as the "Complex Crises Fund" (referred to in this 

15 sedion as the "Fuml"), to enable the Seeretary of State 

16 and the Administrator of the United States Ageney for 

17 International Development to support programs and ac18 tivities to prevent or respond to emerging or uuforeseeu 

19 foreign challenges and eomplex crises overseas, inc.luding 

20 potential atrocity crimes. 

21 (b) PURPOSES OF ASSISTAl'JCE.-Sotwithstanding 

22 any other provision of law, except section 620M of the 

23 Forei§Z·n Assistanee Act of 1961 (22 U.S.C. 2378d), 

24 amounts in the Fund may be used to c.arry out the provi-
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Hl 

810118 of the Foreign A88istam~e Ad of 1961 (22 U.S.C. 

2 2151 et seq.) to support programs and activities that3 (1) mitigate or re8poml to emerging or unfore4 seen complex crises, including urgent humanitarian, 

5 political, social, justice, or economic challenges that 

6 threaten stability iu any country or region; 

7 (2) prevent, counter, and respond to the rise of 

8 violent eonfliet and instability, indnding atroeity 

9 crimes; or 

l 0 ( 3) advance the consolidation of peace and dell mocrac,v. 

12 (e) LTMT'l'A'l'TONS.-

13 (1) I~ C+EKER.AL.-Amounts m the Fund may 

14 not be e:xl)ended for lethal assistance or to respond 

15 to natural ai8a8ter8. 

16 1\_DlVllNlSTRA'l'lVE EXPENSI£8.-~ot more 

17 than five percent of the amounts in the Fund may 

18 be used for administrative expenses. 

19 (d) CONC:RESSIONAL NOTIFICATION.-Not later than 

20 five days before amounts from the Fund are obligl'lt.ed, the 

21 Seeretary of State or the Administrator of the rnited 

22 States Ageney for International Development, as appro23 priate, shall submit uotifieatiou of such obligation to24 ( 1) the Committee on Foreign Relations of the 

25 Senate; 
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20 

(2) the Committee on Appropriations of the 

2 Senate; 

3 (0) the Committee on Foreign Affairt-> of the 

4 House of Representatives; and 

5 (4) the Committee on Appropriations of the 

6 House of Representatives. 

7 (e) \VAH'ER.-The notification requirement under 

8 suhseetion (d) may be waived if9 ( 1) failure to do so would pose a substantial 

l 0 risk to human health or welfare; and 

11 the congressional committees set forth m 

12 subsection (d)-

13 (A) are notified not later than three dayt-> 

14 after an obligation of funds; and 

15 (B) are provided \vith an e:Alllanation of 

16 the emer~tcncy circumstances that necessitated 

17 the waiver. 
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30102j-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 3030 

OFFERED BY MRS. WAGNER OF MISSOURI 

Strike all after the enacting clause and insert the 

follmving: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "Elic Wiesel Genocide 

3 and Atrocities Prevention Act of 2018''. 

4 SEC. 2. SENSE OF CONGRESS. 

5 It is the sense of Congress that the United States 

6 affirms the critical importance of strengthening the 

7 United States Government's efforts at atrocity prevention 

8 and response through interagency coordination such as the 

9 Atroeities Prevention Board (referred to in this se(~tion as 

10 the "Board") or successor entity. ln carr.r'ing out the work 

11 of the Board or successor entity, appropriate officials of 

12 the United States Government should13 ( 1) meet regularly to monitor developments 

14 throughout the world that heighten the risk of atro(~-

15 ities; 

16 (2) identify any gaps in United States foreign 

17 policy concerning regions or particular countries rc18 lated to atrocity prevention and response; 
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30102j-2.eps

2 

( 8) facilitate the development aml implementa2 tion of policies to enhance the capacity of the rnited 

3 State~ to prevent and respond to atro(~ities world4 wide; 

5 ( 4) provide the President "ith recommendations 

6 to improve policies, programs, resources, and tools 

7 related to atrocity prevention and response; 

8 ( 5) (~omluet outreaeh, ind1Hling eommltation~. 

9 not less frequently than biannually, with representa1 0 tives of nongovernmental organi:;mtions and civil soIl cicty dedicated to atrocity prevention and response; 

12 (G) operate with regular consultation and par13 tieipation of de~ignated interageney repre~entative~ 

14 of relevant Federal agencies, executive departments, 

15 or offi(~es; and 

16 (7) ensure funds arc made available for the 

17 policies, programs, resources, and tools related to 

18 atrocity prevention and response, including through 

19 mechanisms such as the Complex Crises Fund or 

20 other related accounts. 

21 SEC. 3. STATEMENT OF POLICY. 

22 It shall be the policy of the United States to23 ( 1) regard the prevention of genocide and other 

24 atrocities as in its national security interests; 
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30102j-3.eps

8 

(2) mitigate threats to Unite!l States seeurity 

2 by addressing the root causes of insecurity and vio3 lent eonfli(~t to prevent4 (A) the mass slaughter of civilians; 

5 (D) eonditions that prompt internal dis6 placement and the flow of refugees across bor7 ders; and 

8 (C) other violen(~e that vvTeaks havo(~ on re9 gional stability and livelihoods; 

10 ( 3) enhance the capacity of the United States 

11 to identi~y, prevent, address, and respond to the 

12 drivers of atrocities and \~olent em1flict as part of 

13 the United States' humanitarian, !levelopment, and 

14 stra tegie interests; and 

15 ( 4) pursue a Government-wi!le strategy to pre16 vent and respond to the risk of genoeide and other 

17 atrocities by18 

19 

20 

21 

22 

23 

24 

(A) strengthening the diplomatie, risk 

analysis and monitoring, strategie planning, 

early warning, and response capacities of the 

Government; 

(B) improving the use of foreign assistanee 

to respond early, effectively, and urgently in 

order to address the root causes and drivers of 
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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 

4 

violem~e, and ~y~temi(~ pattern~ of human right~ 

abuses and atrocities; 

(C) ~trengthening diplornati(~ re~pon~e and 

the use of foreig·n assistance to support transitional justice measures, including criminal accountability, for past atrocities; 

(D) supporting and strengthening local 

eivil ~oeiety, induding human right~ defender~ 

and others working to help prevent and respond 

to atrocities, and protecting their ability to receive support from and partner with civil society at large; 

(E) promoting finam~ial tran~paren(~y and 

enhancing anti-corruption initiatives as part of 

a(Mre~~ing a root eau~e of inseeurity; and 

(11') employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and atrocities by-

(i) placing a high priority on timely, 

preventive diplomatic efforts; and 

(ii) exercising a leadership role in promoting international efforts to end crises 

peacefully. 
75


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5 

1 SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CON2 FLICT AND ATROCITIES PREVENTION. 

3 Scctiou 708 of the J<'orcigu Service Act of 1980 (22 

4 U.S.C. 4028) is amended5 

6 

(1) iu subscctiou (a)(1)-

(A) in subparagraph (B), by striking 

7 "and" at the end; 

8 (B) in subparagraph (C), by striking the 

9 period at the end and inserting "; and"; and 

10 (C) by adding at the cud the followiug ucw 

11 subparagraph: 

12 "(D) instruction on recog11i~ing patterns of 

13 escalation and early warning signs of potential 

14 atrocities or violence, including gender-based vi15 olcncc, and methods of conflict assessment, 

16 peacebuilding, mediation for prevention, early 

17 aetion and response, and transitional justiee 

18 measures to address atrocities.": and 

19 (2) by adding at the end the follov.ing new sub20 section: 

21 "(d) DEFINITION.-In this section, the term 

22 'peaeebuilding' means nonviolent adivities designed to 

23 prevent conflict through24 

25 

"(1) addressing root causes of violence; 

"(2) promoting sustainable peace; 
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6 

" ( 8) delegitimizing violenee as a dispute resolu2 tion strategy; 

3 " ( 4) building (~apaeity \vi thin SO(~iety to pea(~e4 fully manag·e disputes, including the capacity of g'Ov5 ernments to address citi:1.en gTievances; and 

6 " ( 5) reducing vulnerability to triggers that may 

7 spark violence.". 

8 SEC. 5. REPORTS. 

9 Not later than 180 days after the date of the enact-

] 0 ment of this Act and annually thereafter for the follovving 

11 six years, the President shall transmit to the Committee 

12 on Foreign Affairs of the House of Representatives and 

13 the Committee on Foreign Relations of the Senate a re14 port, w~th a elassified annex if necessary, that includesIS (1) a review, in eonsultation '~~th appropriate 

16 interagency representatives, consistiug of a detailed 

17 description of18 (A) curreut efforts based on United States 

19 and locally identified indicators, ineluding ca20 pacities and constraints for Government-v.ride 

21 detection, early warning and response, informa22 tion-sharing, eontingeney planning, and eoordi23 nation of efforts to prevent aud respond to situ24 ations of genoeide and atroeities and other 
77


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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 

7 

mass violenee, such as gemler-based violenee 

and ~violence against religious minorities; 

(B) re(~ommendations to further strengthen 

United States capabilities described iu subparagraph (A); 

(C) fumliug expended by relevaut 11'ederal 

departments and agencies on atrocities prevention ad.ivities, induding transitional justiee 

measures and the legal, procedural, and resource constraints faced by the Department of 

State and the United States Ageucy for luternational Development throughout respective 

budgeting, strategie planning, and management 

cycles to support conflict and atrocities prevention aetivities in (~ountries identified to be at 

risk of atrocities; 

(D) current annual Government global assessmeuts of sources of instability, conflict, aud 

atrocities, the outcomes and findings of such 

assessments, and, where relevant, a review of 

activities, and the efficacy of such activities, 

that the Atrocities Prevention Board or successor entity uudertook to respond to sources of 

instability, conflict, and atrocities; 
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30102j-8.eps

(E) eonsideration of analysis, reporting, 

2 and policy recommendations to prevent and re3 spond to atro(~ities produeed hy eivil soeiety, 

4 academic, aud other nongovernmental org-ccumm5 tions and institutions; 

6 (11') countries and regions at risk of atroc7 ities, including a description of most likely 

8 pathways to violenee, speeifie risk faetors, po9 tential groups of perpetrators, and at-risk tar-

] 0 get gToups; and 

11 (G) instructiou ou recogmzmg patterus of 

12 escalation and early warning signs of potential 

13 atroeities and methods of eonfli(~t assessment, 

14 peace-building, mediation for prevention, early 

15 aetion and response, and transitional justiee 

16 measures to address atrocities in the 11'ederal 

17 training programs for Foreign Service officers; 

18 (2) recommendations to ensure shared responsi19 bility by20 (A) enhancing multilateral mechanisms for 

21 preventing atrocities, including strengthening 

22 the role of international organizations and 

23 interuatioual financial iustitutions in conflict 

24 prevention, mitigation, and response; and 

25 (D) strengthening regional organi:;mtions; 
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9 

( 8) implementation status of the reeommenda2 tions contained in such review; and 

3 ( 4) identifimJ.tion of the Federal departments 

4 and agenc1es and civil society, academic, and llOn5 governmental organi:;mtions and institutions con6 suited for preparation of such report. 

7 SEC. 6. DEFINITION. 

8 In this A(~t, the term ''genoeide" means an offense 

9 under subsection (a) of section 1091 of title 18, rnited 

10 States Code, or any substantially similar conduct. 

[ZJ 
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lHim CONGRESS 

2D SI<JSSIOJ\ H.R.4989 

To re<1nire the Department of State to establish a poli<·y n~garding the 

use of location-tracking consttmer devices by employees at diplomatic 

and eonsular facilities, and for other purposes. 

IK THE HOUSE OF REPRESE~TATIVES 

FEBRl-ARY 8, 3018 

.Vlr. CAR'rR.O of Texas (for l1imsclf and Mr. lVlcCAnT,) introduced the follo\\~ng 

bilL whid1 was referred to r.lw Committee on Foreign Affairs 

A BILL 

To reqmre the Department of State to ee:ltablish a policy 

regarding the use of loeation-tracking eonsumer devices 

by employees at diplomat.ie and eonsular faeilit.ies, and 

for other purposes. 

1 Be it enacted by the Senate and House of Represcnta2 fives ofthe United States 

3 SECTION 1. SHORT TITLE. 

4 This Aet may be cited as the "Protecting Diplomats 

5 from Surveilla1we Through Consumer Deviees Aet". 
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30102d-2.eps

2 

1 SEC. 2. SECURE UNITED STATES DIPLOMATIC AND CON2 SULAR FACILITIES AGAINST CYBERSURVEIL3 LANCE. 

4 (a) POT,TCY ON TJOCA1'TO"J-TRACKTNG COKSUlVfER DE5 VICES.-Not later than 60 days after the date of the en6 actment of this Act, the Secretary of State shall establish 

7 a poliey on the use of loeation-traeking- eommmer !leviees, 

8 including GPS-enabled devices, at United States diplo9 rnatic and consular facilities by United States Government 

10 employees, contractors, locally employed staff and mem11 bers of other agencies deployed to or stationed at such 

12 facilities. 

13 (b) SECTRITY BRIEFING.-Existing and nevv employ14 ees at United States diplomatic and eonsular facilities, in15 eluding contractors, locally employed staff, and members 

16 of other agencies deployed to or stationed at such facili17 ties, shall, as a part of the seeurity briefings provided to 

18 such employees, be informed of the policy described in sub19 section (a) and given instructions on the use of location20 tracking consumer devices both on and off the premises 

21 of such facilities. 

22 COOR.DINATION.-The See.retary of State may eo23 ordinate with the heads of any other agencies whose em24 ployees are deployed to or stationed at United States dip25 lomatic and eousular facilities in the formulation of the 
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30102d-3.eps

poliey deNerihed in subseetion (a) and the disNemination 

2 of such policy pursuant to subsection (b). 

3 (d) REPORT.-Not later than :10 dayN after the for4 mulation of the policy described iu subsection (a), the Sec5 retary of State shall submit to the Committee on Foreign 

6 ~Vfairs of the House of Representatives and the Com7 mittee on Foreign Relations of the Senate a report on the 

8 lletails of Nneh poliey. 

u 
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30102e-1.eps

lli'im CONGRESS 

2 D Sli:SSIOt\ H. R. 5626 

To amend the Inten·.ountry Adoption Aet of 2000 to require the Seeretary 

of State to report on inter•counlry adoptions from countries which have 

siguifieanUy reduceu adoption races involving immigra\.ion to the United 

States, and for other purposes. 

IK THE HOUSE OF REPRESE~TATIVES 

M'WL 26, '2018 

}Ir. COLLINS of (}eorgia (for him~elf, Mr. FITZPA'I'RICK, l\bx LAWRENCE, and 

lVIr. L'\]\,fBOR:'-1) introduced the following bill; which was referred (.o the 

Committee on Foreign Affairs 

A BILL 

To amend the Intercountry Adoption Act of 2000 to require 

the Se<'retary of State to repmi, on inten~ounhy adoptions from countries which have siguificantly reduced 

adoption rates invol·ving immigration to the rnited 

States, and for other purposes. 

1 Be il enacted by fhe Senate and House of Represenla2 hves of the United 8tates 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Intercountly Adoption 

5 Information Act of 201 8". 
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30102e-2.eps

2 

1 SEC. 2. ADDITIONAL INFORl\-IATION TO BE INCLUDED IN 

2 

3 

ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS. 

4 (a) REPOR.T ETiliJlVTR~TS.-Section 1 04(b) of the 

5 Intercountry Adoption Act of 2000 (42 U.S.C. 14914(b)) 

6 is amended by adding at the end the follmving new para7 graphs: 

8 "(9) A list of countries that established and 

9 carried out a policy or law that, with respect to 

10 adoptions involviug immigration to the Cnited 

11 States, regardless of whether the adoptions occurred 

12 under the Convention13 "(A) reduced the number of suc·h adop14 tions; or 

15 "(B) prevented or prohibited such adop16 tions. 

17 " ( 10) Information on efforts taken vi:ith respeet 

18 to a country listed under paragraph ( 9) to encourage 

19 the resumption of halted or stalled adoption pro20 ceeclings involving immigration to the United States, 

21 regardless of whether the adoptions would have oc22 enrre!l nuder the Conw~ntion.". 

23 (b) PUBLIC AVAILABILITY OF HEPORT.-Section 104 

24 of the Intercountry Adoption Act of 2000 (42 U.S.C. 

25 14914) is amended by adding at the cud the following new 

26 subsection: 
85


30102e-3.eps

8 

"(e) PUBLIC AV~!ULABILITY OF REPORT.-The Se(~-

2 retary shall make the information contained in the report 

3 required under suhseetion (a) available to the pnbli(~ on 

4 the website of the Department of State.". 

5 (c) PR.TVACY CO'iCRRNS.-Tn complying "~th the 

6 amendments made by subsections and (b), the Scc7 retary shall avoid, to the maximum e:x'tent practicable, dis8 dosing any personally iaentifiahle information relating to 

9 United States citizens or the adoptees of such citizens. 

10 (d) CONF'OR!VfTN<l AlVfR!\TDMRNT.-Section 104(a) of 

11 the Intercountry Adoption Act of 2000 (42 U.S.C. 

12 14914( a)) is amended by striking "International Rel a13 tions" aml inserting "Foreign Affairs". 

14 (e) APPLICATION DATE.--The amendments made by 

15 this sedion shall apply with respeet to reports required 

16 to be submitted under sectiou 104 of the Intercountry 

17 Adoption Act of 2000 ( 42 U.S. C. 14914) beginning on the 

18 date that is 1 year after the date of enactmcut of this 

19 Act. 
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30102k.eps

AMENDMENT TO H.R. 5626 

OFFERED BY MR. KINZINGER OF ILLINOIS 

Page 2, line 22, strike the quotation mark and period at the end. 

Page 2, after line 22, insert the follmving: 

1 " ( 11) Information on any action the Secretary 

2 carried out that prevented, prohibited, or halted any 

3 adoptions involviug immigration to the Cnited 

4 States, regardless of whether the adoptions occurred 

5 under the Convention.". 
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30102l.eps

AMENDMENT TO H.R. 5626 

OFFERED BY MR. SCHNEIDER OF ILLINOIS 

Page 2, strike lines 8 through 16 and insert the following: 

1 " ( 9) A list of countries that established or 

2 maintained a law or policy that prevented or prohib3 ited adoptions involviug irmnigration to the Cnited 

4 States, regardless of whether such adoptions oc5 curred under the Convention. 

6 "(10) For each country listed under paragraph 

7 (9), the date on which the law or policy was initially 

8 implemented.''. 

Page 2, line 17, strike " ( 10)" aud iusert " ( 11)". 

18] 
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115TH CONGRESS 

2D SE88IOK H.R. 

(Original Signature of ~Vlember) 

To promote free and fair elections, political freedoms, and human rights 

in Cambodia, and for otl1er pm110Scs. 

TK TilE HOUSE OF REPRESE:.JTATTVES 

Mr. YoHO introdttced Lhe following bill; which was referred VJ the Committee 

on ___________ _ 

A BILL 

To promote free and fair elections, political freedoms, and 

human rights in Cambodia, and for other purposes. 

Be il enacted by the Senate and House o.f Represenla2 tives of the United States of~c!merica in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Cambodia Democracy 

5 Act of 2018". 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Cambodia's present political system was es9 tablished in 1991, after decades of intemal conflict, 
89


30102f-2.eps

2 

by the U nite!l )J ations-brokered Paris Pea(~e A(~-

2 cords. The first national elections under tllis system 

3 were administered by the United Nations in 199:1. 

4 Hun Sen, the current Prime Minister of Cambodia, 

5 has been in power in Cambodia since before this 

6 time, serving as premier from 1985 to 1993, and as 

7 Prime Minister thereafter. Hun Sen has used his po8 sition to ding to the pinna(~le of power in Cambodia 

9 for :32 years, through tactics including coup d"etat, 

10 irregular election proeedures, and the silencing of 

11 opposition voices. 

12 (2) In Cambodia's most recent general elections 

13 In 201:1, Hun Sen's Cambodian People's Part,y 

14 (CPP) maintained its parliamentary majority by the 

15 smallest margin to !late, while a unifie!l opposition 

16 Cambodia National Rescue Party (CNRP) made 

17 substantial gains. The Department of State's Coun18 try Reports on Human Rights Practices for 2016 

19 deseribed Cambodia's 201:3 elections as "largely free 

20 of intimidation, in eontrast to pre,~ous national elec21 tions", yet also "fraught \vith irregularities". Subse22 quent local eleetions marked similar setbaeks for the 

23 ruling CPP. 

24 (:3) Cambodia's next general elections will occur 

25 m ,June 2018. According to the 2017 Freedom in 
90


30102f-3.eps

8 

the \,Vorld Report issued by Freedom House, in the 

2 intervening period Hun Sen has overseen "a decisive 

3 eraekdovvn on the eountry' s beleaguered opposition 

4 and press corps as his l CPP J prepared for national 

5 elections". Regional e"Xl)erts have reached a general 

6 consensus that Hun Sen and the CPP have under7 taken this crackdown to consolidate power ahead of 

8 an eled,ion that may have ended their grip on power. 

9 ( 4) Hun Sen's actions in late 2017 pushed 

10 Cambodia further away from democracy. In late Au11 gust 2017, the regime shut down the National 

12 Democratic Institute and e"Xl)elled its entire foreign 

13 staff from the eountry within a week. Less than a 

14 week later, radio stations carrying Radio Free Asia 

15 and Voi(~e of Ameriea were also shut down hy the re16 gime. On September 3, 2017, authorities arrested 

17 Kem Sokha, the leader of the CNRP, and charged 

18 him with treason, allegedly for participating in an 

19 American plot to undermine Hun Sen's regime. Kem 

20 Sokha rernains in detention. On November 16, 2017, 

21 Cambodia's Supreme Court dissolved the CNRP, 

22 eliminating the most popular and ~viable challenger 

23 to Hun Sen's regime. Subsequent actions by Hun 

24 Sen have aimed to "cement total control over Cam-
91


30102f-4.eps

4 

bodian government aml business", aeeording to 

2 Human R,ights Watch. 

3 ( 5) Sim~e the dissolution of the CNRP, both the 

4 Department of State and the White House have 

5 issued statements condemning the Hun Sen regime's 

6 actious to uudennine democracy and calling for Kem 

7 Sokha's release. On :\fovember 16, 3017 the "\v11ite 

8 House e:mnouneed that the 1~ nited States would ter9 minate suppmt for Cambodia's National Election 

10 Committee. On December 6, 2017, the Department 

11 of State began implementing visa restrictions for of12 ficials responsible for undermining Cambodian de13 moenwy. On February 27, 201R, the "\V1rite House 

14 announced fmther assistance reductions follovving 

15 Cambodian Senate eleetions on February 25 wlrieh 

16 did not represent the geuuine will of the Cambodiau 

17 people. 

18 SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOC19 RACY IN CAMBODIA. 

20 (a) DESTUKATTON OF PER.SONS RESPONSTDTJE FOR. 

21 UNDERMIKING DE::\IOCRACY IN CA:.\IBODIA.-Not later 

22 than 180 clays after the elate of enactment of this Act, 

23 the Presideut shall apply the sanctions described in sub24 section (b) on-
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5 

(1) eaeh senior offieial of the Government, rnili2 tary, or security forces of Cambodia that the Presi3 dent determines has direetly and substantially un4 dermined democracy in Cambodia and 

5 (2) eaeh senior offieial of the Government, mili6 tary, or sceurity forces of Cambodia that the Prcsi7 dent determines has eommitted or clireetecl serious 

8 human rights violations asso(~iated with undermining 

9 democracy in Cambodia. 

] 0 (b) SANCTIONS DRSCmmm.-

11 (1) ASSET BLOCKLNG.-'l'hc President shall cx12 erc1se all of the powers granted to the President 

13 under the International Emergeney Eeonomie Pow14 ers Aet (50 r.S.C. 1701 et seq.) to the e:x-tent nee15 ess~ny to hloek and prohibit all transadions in prop16 crty and interests in property of a person designated 

17 under subsection (a) if such property and interests 

18 in property arc iu the United States, come withiu 

19 the United States, or are or come within the posses20 sion or control of a United States person. 

21 (2) VISA RESTRICTIONS.-

22 (A) IN GENERAL.-The Secretary of State, 

23 in cousultation with the Secretary of Homclaud 

24 Security, shall continue to implement the policy 

25 announced by the Department of State on De-
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6 

eemher 6, 2017, to restriet entry into the 

2 United States of person involved in under3 rr11mng- demoeraey in Cambodia, induding- any 

4 person designated under subsection (a). 

5 (D) EXGEPTTON FOR. MlTJ,TTLATRRAT, AC6 'l'IVI'l'IES.-Persous otherwise restricted from 

7 entry into the United States under this section 

8 may he admitted if sud1 admission is ne(~essa17 

9 to eomply \vith rnited States obligations under 

10 the Agreement between the United Nations and 

11 the United States of 1\.Jnerica regarding the 

12 Headquarters of the United Nations, sig·ned at 

13 Lake Sueeess .Tune 26, 1947, and entered into 

14 foree ~ovember 21, 1947, or under the Conven15 tion on Consular Relations, done at Vienna 

16 April 24, 1963, and entered iuto force Mareh 

17 19, 1967, or other applieable international obli18 gatious of the Uuited States. 

19 ( 3) PEKALTIES.-The penalties provided for in 

20 subsections (b) and (c) of seetion 206 of the Tnter21 national Emergency Eeonomie Powers Aet (50 

22 U.S.C. 1705) shall apply to a person that violates, 

23 attempts to violate, conspires to violate, or eauses a 

24 violation of paragraph (1) to the same extent that 

25 sueh penalties apply to a person that eommits an 
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7 

unlawful aet des(~rihed in suhse(~tion (a) of sueh se(~-

2 tion 206. 

3 (e) LIST OF DESIGNATED PERSONS.-

4 (1) ll'\ GENERAL.-Not later than 180 days 

5 after the date of the enactment of this Act, the 

6 President shall transmit to the appropriate congres7 sional committees a list of persons designated under 

8 suhseetion (a). 

9 (2) UPDATES.-The President shall transmit to 

10 the appropriate congTessional committees updated 

11 lists under paragraph (1) as new information be12 comes available. 

13 (f) L\LPLElVIENTATIO~.-The Presiclent may exen~1se 

14 all authorities provided under sections 203 and 205 of the 

15 International Ernergen(~y E(~onornie Powers Aet (50 

16 U.S.C. 1702 and 1704) to carry out this section. 

17 (g) WAIVER.-The President may waive the applica18 tion of sanctions described in subsection (b) with respect 

19 to a person described in subsection (a) if the President 

20 determines and certifies to the appropriate congTessional 

21 committees that such waiver is in the national interest of 

22 the United States. 

23 SEC. 4. SUSPENSION AND TERMINATION OF SANCTIONS. 

24 (a) SuSPE~SION.-The sanctions described in section 

25 :3 may be suspended for up to one year upon certification 
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by the Presi!lent to the appropriate eongnssional eornrnit2 tees that Cambodia is making meaningful progress toward 

3 the following: 

4 ( 1) Ending g'Ovennneut efforts to undermiue 

5 democracy. 

6 (2) Emling human rights violatious associated 

7 >vith undermining democracy. 

8 ( 8) Condu(~ting free and fair ele(~tions whieh 

9 allow for the active participation of credible opposi1 0 tion candidates. 

11 (b) RE~EWAL 0!<' SuSPENSIOl'\.-'l'he suspension de12 scribed in subsection (a) may be renewed for additional, 

13 eonse(mtive 180-day periods if the Presi!lent (~ertifies to 

14 the appropriate congressional committees that Cambodia 

15 is (~ontinuing to make meaningful progTess towards satis16 ~yiug the conditions described in such subsection during 

17 the previous year. 

18 SEC. 5. SUNSET. 

19 This Act shall terminate on the date that is five years 

20 after the date of the enactment of this Act. 

21 SEC. 6. DEFINITIONS. 

22 In this Act: 

23 ( 1) "APPROPRIATE CO~GRESSIONAL COlVL\11'1'-

24 TEES.-The term "appropriate congressional com25 mittees" means the Committee on Foreign Affairs 
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and the Committee on Finan(~ial Servi(~e~ of the 

2 House of Representatives, and the Committee on 

3 Foreign Relation~ and the Committee on Banking, 

4 Housing·, and Crbau Affairs of the Seuate. 

5 (2) UNTTlm S'l'A'l'RS PRRSON; PRRSOK.-The 

6 term "Cnitcd States person" mcans7 (A) a United States citizen or an alien law8 fully admitted for permanent re~idenee to the 

9 United States; or 

10 (D) an entity organi:1.ed under the laws of 

11 the Uuitcd States or of any jurisdiction of the 

12 United States, including a foreign branch of 

13 ~ueh an entity. 
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AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 5754 

OFFERED BY MR. YOHO OF FLORIDA 

Strike all after the enacting clause and insert the 

follmving: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "Cambodia Democracy 

3 Act of 2018". 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Prime Minister Hun Sen has been in power 

7 In Cambodia since 1985 and is the longest-serving 

8 leader in Southeast Asia. Despite decades of inter9 national attention aml assistanee to promote a plu10 ralistic, multi-party democratic system in Cambodia, 

11 the Government of Cambodia continues to be 

12 undemocratically dominated by the ruling Cambodia 

13 People's Party (CPP), which controls every agency 

14 and seeurity apparatus of the state. 

15 (2) In 2015, the CPP-controlled parliament 

16 passed the "TJaw on Assoeiations and :.Jon-Govern17 mental Organi~ations", whieh gave the govermnent 

18 sweeping powers to revoke the registration of :.JGOs 
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2 

that the government believed to he operating \vith a 

2 political bias in a blatant attempt to restrict the le3 gitimate work of (~ivil 8oeiety. On Augn8t 28, 2017, 

4 Cambodia's lVliuistry of J1'oreign Affairs ordered the 

5 closure of the National Democratic Institute and the 

6 expulsion of its foreigu staff. On September 15, 

7 2017, Prime Minister Hun Sen called for the w'ith8 drawal of all volunteer8 from the United State8 

9 Peace Corps, which has operated in Cambodia since 

10 2006 with 500 United States volunteers providing 

11 English lauguage and healthcare training. 

12 (:3) The Government of Cambodia has taken 

13 8everal rneasure8 to re8trid, it8 media environment, 

14 especially through politicized tax investigations 

15 again8t imlependent media outlets that re8ulted in 

16 the closure of The Cambodian Daily and Radio J1'ree 

17 Asia in early September 2017. Additionally, the Gov18 ermnent of Cambodia has ordered several radio sta19 tions to stop the broadcasting of Radio Free Asia 

20 and Voice of America programming. 

21 ( 4) Each of the five elections that have taken 

22 place in Cambodia since 1991 were conducted in cir23 cumstances that were not free and fair, aud were 

24 marked by fraud, intimidation, v'iolence, and the gov-
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ernment's misuse of legal meehanisms to weaken op2 position candidates and parties. 

3 (5) On September 8, 2017, Kern Sokha, the 

4 President of the Cambodia National Rescue Party 

5 (CNRP), was arrested on politically motivated 

6 charges, including treason and conspiring to over7 throw the Government of Cambodia, and faces up to 

8 :10 years in prison. The CKRP's previous lea!ler, 

9 Sam Rainsy, remains in exile. On ~ovember 16, 

10 2017, Cambodia's Supreme Court dissolved the 

11 C~RP, eliminating the CPP's ouly viable challenger. 

12 (G) The United States is committed to pro13 moting !lemo(~ra(~y, human rights, aml the rule of 

14 law in Cambodia. The United States continues to 

15 urge the Government of Cambo(lia to immediately 

16 release Mr. Kem Sokha, reinstate the political status 

17 of the CNRP and its 55 elected seats in the Na18 tional Assembly, support electoral reform efforts iu 

19 Cambodia with free and fair elections in 2018 mon20 itorecl by international obsenrers. 

21 SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOC22 RACY IN CAMBODIA 

23 (a) DESlGl'\ATION 01'' PERSONS RESPONSIBLE l''OR 

24 UNDERMIKING DE:\IOCRACY IN CA~IBODIA.-Not later 

25 than 180 clays after the date of enactment of this Act, 
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4 

the President shall apply the sandions deseribed in sub2 section (b) on3 (1) eaeh senior offieial of the Government, rnili4 tary, or security forces of Cambodia that the Presi5 dent determines has directly and substantially un6 dermined democracy in Cambodia and 

7 (2) each senior official of the Government, mili8 tary, or se(mrity forees of Cambodia that the Presi9 dent determines has committed or directed serious 

10 human rights 'Violations associated with undermining 

11 democracy iu Cambodia. 

12 (b) SANCTIONS DRSCRTRlm.-

13 (1) ~~SSET BLOCKINCL-The President shall ex14 ermse all of the powers granted to the President 

15 under the International Emergeney Eeonomie Pow16 ers Act (50 C.S.C. 1701 et seq.) to the extent nec17 essary to block and prohibit all transactions in propIS erty and interests in property of a person designated 

19 under subsection (a) if such property and interests 

20 in property are in the United States, come "ithin 

21 the United States, or are or come within the posses22 sion or control of a United States person. 

23 (2) VISA RJ£S'l'RIC'l'IONS.-

24 (A) IN GENERAL.-The Secretary of State, 

25 m consultation "ith the Secretary of Homeland 
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5 

Seeurity, ~hall (~ontinue to implement the poli(~y 

2 announced by the Department of State on De3 eemher G, 2017, to re~triet entry into the 

4 United States of person involved in under5 mining demoeracy in Cambodia, including any 

6 person designated under subseetion (a). 

7 (B) EXCEPTION FOR MULTILATERAL AC8 TIV1TIE8.-Per~on~ othenvi~e restrieted from 

9 entry into the United States under this seetion 

10 may he admitted if such admission is necessary 

11 to eomply with C nited States obligations under 

12 the Agreement between the United Nations and 

13 the United State~ of Ameri(m regarding the 

14 Headquarters of the United Nations, signed at 

15 Lake Sueee~~ .Tune 26, 1947, and entered into 

16 force .:.Jovember 21, 1947, or under the Conven17 tion on Consular Relations, clone at Vienna 

18 April 24, 1963, and entered into force March 

19 19, 1967, or other applicable international obli20 gations of the United States. 

21 (3) PEKALTIES.-The penalties provided for in 

22 subsections (b) and (c) of section 206 of the Inter23 national Emergency Economic Powers Act (50 

24 U.S.C. 1705) shall apply to a person that violates, 

25 attempts to v~olate, conspires to v-iolate, or causes a 
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6 

violation of paragTaph ( 1) to the same extent that 

2 such penalties apply to a person that commits an 

3 unlawful aet des(~rihed in suhse(~tion (a) of sueh se(~-

4 tion 206. 

5 (e) TJTST OF DRSH+NATRD PRT"l.SONS.-

6 (1) ll'\ GENERAL.-Not later than 180 days 

7 after the elate of the enactment of this Act, the 

8 President shall transmit to the appropriate (~ongres9 sional committees a list of persons designated under 

10 subsection (a). 

11 (2) UPDA'l'ES.-'l'he President shall transmit to 

12 the appropriate congTessional committees updated 

13 lists under paragntph ( 1) as new information he14 comes available. 

15 (f) L\LPLElVIENTATIO~.-The Presiclent may exen~1se 

16 all authorities provided under sectious 203 and 205 of the 

17 International Emergency Economic Powers Act (50 

18 U.S.C. 1702 aud 1704) to carry out this section. 

19 (g) WAIVER.-The President may waive the appl:ica20 tion of sanctions described in subsection (b) \vith respect 

21 to a person described in subsection (a) if the President 

22 determines and certifies to the appropriate congressional 

23 committees that such waiver is in the national interest of 

24 the United States. 
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7 

1 SEC. 4. SUSPENSION OF SANCTIONS. 

2 (a) 8USPE~8ION.-The sanet,ions !lesc:ribed in seetion 

3 3 may be suspeuded for up to oue year upou celtificatiou 

4 by the President to the appropriate congressional commit5 tees that Cambodia is makiug meaningful progress toward 

6 the following: 

7 ( 1) Ending government efforts to undermine 

8 democracy. 

9 (2) Ending human rights violations associated 

10 with undermiuing democracy. 

11 (:3) Conducting free and fair elections which 

12 allow for the active participation of credible opposi13 tion candidates. 

14 (b) RFJXR\vAT, OF SUSPENSTOK.-The suspension de15 scribed in subsection (a) may be reuewed for additional, 

16 consecutive 180-day periods if the President certifies to 

17 the appropriate eongTessional eornrnittees that Cambodia 

18 is continuing to make meaningful progress towards satis19 fying the conditions described in such subsection during 

20 the previous year. 

21 SEC. 5. SUNSET. 

22 This Ac~t shall terminate on the !late that is five years 

23 after the date of the enactment of this Act. 

24 SEC. 6. DEFINITIONS. 

25 In this Act: 
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R 

( 1) APPROPRIATE CO~CtRESSIONAL COlVDHT2 TEES.-The term "appropriate congressional com3 mittees" means the Committee on Foreign Affairs 

4 and the Committee ou J<'inancial Services of the 

5 House of Representatives, and the Committee on 

6 Foreign Relations and the Committee on Banking, 

7 Housing, and rrban Affairs of the Senate. 

8 (2) UNITED STATES PERSON; PERSOK.-The 

9 term "rnited States person" means-

] 0 (A) a United States citizen or an alien law11 fully admitted for permanent residence to the 

12 United States; or 

13 (B) an entity organized under the laws of 

14 the United States or of any jurisdiction of the 

15 Unite!l States, indmling a foreign hraneh of 

16 such an entity. 
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AMENDMENT TO THE AMENDMENT IN THE 

NATURE OF A SUBSTITUTE TO H.R. 5754 

OFFERED BY MR. YOHO OF FLORIDA 

Page 3, line 18, insert "and" before "support". 

Page 3, line 25, insert "the" before "enactment". 

Page 5, line 4, strike "person" and insert "persons". 
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115TH CONGRESS 

2D SE88IOK H.R. 

(Original Signature of ~Vlember) 

To promote democracy and human rights in Burma, and for other purposes. 

IK THE HOUSE OF REPR.ESE-:.JTATIVES 

l\Ir. EKGEL intr<Hln<•ed the following bill; whid1 was refened to the Committee 

on ___________ _ 

A BILL 

To promote democracy and human rights in Burma, and 

for other purposes. 

Re it enacted by the 8enate and House of Re]Jresenta2 lives of the United 8lates of.Limerica in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.-This Aet may be eited as the 

5 "Burma Unified through Rigorous Military Accountability 

6 Act of 2018" or the "DrRMA Act of 2018". 

7 (b) TABLE OF CONTENTS.-The table of contents for 

8 this Act is as follows: 

See. 1. Short title: table of eontents. 

See. 2. Appropriate congressional eomrnittees defined. 
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2 

TITLB I-JYIATTERS RBLA'TH\G TO THB CONJ<'LICT IN BUUVIA 

:C:ke. 

:C:ke. 

:C:ke. 

80e. 

Sec. 

Sec. 

See. 

See. 

See. 

101. 

102. 

10:i. 

104. 

105. 

Findings. 

St.atc:mc:nt. of policy. 

80ns0 of CongTf'SS virith rr:speet to hnnu1.nitaria.n assistanCf\ fr0edon1 

of mov0nwnt., and rights of rcturne0s. 

80ns0 of Congr0ss on prc:ss fr0edom. 

Sense of Congress with respect to imposition of sanctions under the 

Global J;Iagnitsky Human Rights Accountability Act. 

'I'TTU<: IT-ASSISTANCE AKD SANCTIONS \\'TTH RESPECT TO 

BURMA 

201. 

2m. 

203. 

204. 

Authorization for humanitarian assistance and reconciliation. 

Limitation on seeurity assistanee and military and seeurity seetor eooperation. 

Imposition of sanetions with respeet to eertain foreign persons. 

l<'orfeiture of property. 

TITLE III-GOVERN.iliCE OF TilE BURMESE MINI~G .iliD 

GEMSTOKE SECTOR 

Sec. :301. Sense of Congress ou the Burinese 1niniug sector and the in1portation 

of Burmese gemscones or minerals. 

Sec. :302. Responsibilicy and transparency in the mining sector. 

TITLE IV-ACCOUNTABILITY FOR HUJYLili RIGHTS ABUSES AND 

STRATBGY !<'OR ECO~O~VllC GROWTH 

Sec. 401. Determination ami report on accountability for ethnic eleansing, 

erimes against humanity, and genoeirle iTl Burma. 

Sec. 402. Strategy for promoting economic growth and development. 

1 SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 In this Act, the term "appropriate congTessional corn4 mittees" means5 (1) the Committee on Foreign Affairs and the 

6 Committee on Armed Services of the House of Rep7 resentatives; and 

8 (2) the Committee on Foreign Relations and 

9 the Committee on A.rmecl Services of the Senate. 
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8 

TITLE I-MATTERS RELATING 

2 TO THE CONFLICT IN BURMA 

3 SEC. 101. FINDINGS. 

4 Cougress finds the followiug: 

5 (1) On August 25, 2017, Burmese military and 

6 security forces 'Violently and disproportionately re7 sponded to an attack on security outposts, resulting 

8 in a mass exodus of R.ohingya from the R.akhine 

9 State of Burma into Bangla!lesh, whi(~h the Int.er10 national Organization of Migration called "unprece11 dented in terms of volume and speed''. 

12 (2) Between August 2017 ancllVlarch 2018, in 

13 response to the violence peq)etrated by the Burmese 

14 military and se(mrity fon~es, the United Kations est.i15 mates more than G!'B,OOO Rohingya, approximately 

16 78 pereent of whom are women and (~hildren, have 

17 fled to Bangladesh, fearing loss of life, livelihoods, 

18 and shelter. 

19 ( 3) Despite the steps takeu toward democracy 

20 in Burma, there exists limited control by the civilian 

21 government over eivilian ageneies ana no meaningful 

22 civilian control over the military or security forces 

23 that carried out the violence in Rakhine State and 

24 that continues to eugage in grave human rights 
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4 

abuses against ethni(~ minorities throughout In the 

2 country. 

3 ( 4) Both government- aml military-initiated in4 vestigations iuto humau rights abuses iu Burma in5 vohing violence between ethnic minorities and Dur6 mcsc security forces have failed to .Yield credible rc7 sults or meaningfully hold perpetrators accountable. 

8 (5) In a puhlie address on Oetober 12, 2017, 

9 State Counsellor Aung San Suu Kyi laid out the fol1 0 lo\\ing goals for the State of Rakhine: 

11 (A) Repatriation of those who have crossed 

12 over to Bangladesh. 

13 (B) Effe(~tive provision of humanitarian as14 sistance. 

15 (C) Resettlement of displ~wed populations. 

16 (D) Economic dcvclopmcut aud durable 

17 peace. 

18 ( 6) Due to restrictions enforced by the Rakhiuc 

19 State government and the military and security 

20 forces, there has been little progress made since that 

21 time and limited ability for the international commu22 nity to meaningfully support, verify, or evaluate the 

23 Govcrmncut of Burma's efforts. There arc also crcd24 ible reports of Burmese military and security forces 

25 bullclm:ing villages where violence occurred, thus de-
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5 

stroying physieal evi!lerwe of what may have 0(~-

2 curred there. 

3 (7) Human rights organizations have reported 

4 and documented a campaig·n of violence perpetrated 

5 by the security forces of Burma, \vhich indiscrimi6 natcly fired on and killed civilians, raped women aud 

7 girls, and arbitrarily arrested R.ohingya men >vithout 

8 any eause or eharges. Satellite ima1zes obtained by 

9 Amnesty International reveal that, out of the ap1 0 pnn:imately 470 villages in northern Rakhine State, 

11 nearly 300 were partially or completely destroyed by 

12 fire since August 25, 2017, most of which were com13 pletely or partially populated by Rohingya Muslims. 

14 (8) On October 10, 2017, at a hearing before 

15 the House Foreign Mfairs Committee, the Deputy 

16 Assistant Secretary of State for Population, Refu17 gees, and :VIigration Mark Storella testified that of 

18 the $434,000,000 required by the Cnited Nations 

19 for emergency response in the first 6 months of this 

20 crisis, "[i]n fiscal year 2017, the United States con21 tributed nearly $104 million in assistance to the dis22 placed populations in Burma for refugees from 

23 Burma throughout the region". 

24 ( 9) The r nited :\!" ations ,Joint Response Plan to 

25 fund assistance to Rohinyga refugees and the host 
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6 

eommunity in Bangladesh through the end of 201R 

2 requires almost $1,000,000,000 in assistance. 

3 (10) On November 22, 2017, Seeretary of State 

4 Rex 'l'illerson stated that, "After careful and 

5 through analysis of available facts, it is clear that 

6 the situation in northern Rakhinc state constitutes 

7 ethnic c.leansing against the Rohingya. Those re8 sponsible for these atroeities must be held aeeount9 able". He also said the violence "has a number of 

10 characteristics of certainly crimes against human11 ity". 

12 (11) Yanghee Lee, the United Kations Special 

13 Rapporteur on the situation of human rights in 

14 Myanmar said, "I am becoming more convinced that 

15 the (~rimes eornrnitted following 9 Oetober 2016 and 

16 25 August 2017 bear the hallmarks of genocide and 

17 call in the strongest possible terms for accountIS ability." 

19 (12) On December 12, 2017, Wa Lone and 

20 Kyaw Soe Oo, two Reuters reporters covering the 

21 crisis in Rakhine State, were entrapped, arrested, 

22 and charged \vith violating the Official Secrets Act, 

23 continuing a trend of restricting media and free 

24 speech and attempting to thwart coverage of the 

25 events in Rakhine State. 
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7 

1 SEC. 102. STATEMENT OF POLICY. 

2 It shall he the poliey of the United States to3 (1) support a complete transition to democracy 

4 and genuine national reeoneiliation in Burma which 

5 cannot be achieved without appropriate aecount6 ability for the atrocities committed by the Burmese 

7 military against the Rohingya population and other 

8 ethnic minorities throughout the country; 

9 (2) pursue a strategy of calibrated engagement, 

10 which is essential to support the establishment of a 

11 peaceful, prosperous, and democratic Burma that in12 eludes respect for the human rights of all its people 

13 regardless of ethnicity and religion; and 

14 (3) ensure that the g11iding principles of sueh a 

15 strategy include16 (A) supporting meaningful legal and eon17 stitutional reforms that remove remaining re18 strictions on civil and political rights and en19 sure ei,~lian governance, ine.luding reforms to 

20 the current constitutional provision reserving 25 

21 percent of parliamentary seats for appointments 

22 hy the military, whi(~h provides the militmJT with 

23 veto power over constitutional amendments; 

24 (D) establishing a fully democratic, plural25 istic, and representative political system that in-
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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 

dudes regularized free and fair eleetions m 

which all people of Burma can vote; 

(C) promoting genuine national re(~mwiliation, the conclusion of a credible and sustainable natiomvide cease-fire agreement, including 

political accommodation of ethnic Shan, Kachin, 

Chin, Karen, and other ethnic gToups, measures 

to address natural resoun~e governam~e and revenue-sharing, and constitutional change enabling inclusive, permanent peaee; 

(D) ensuring aecountability for human 

rights abuses, ethnic eleansing, crimes against 

humanity, or genoeide pe11Jetrated against the 

Rohingya, Kachin, Shan, Chin, and other ethnic 

minorities hy the military of Burma and other 

combatants involved in the confliet; 

(E) strengthening eivilian institutions m 

the govcrmncnt, including support for greater 

transparency and accountability; 

(F) establishing professional and nonpartisan military, seeurity, and police forees 

that operate under civilian control, subjeet to 

civilian oversight, and arc held fully aeeountablc 

for human rights abuses, corruption, or other 

abuses of power; 
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2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

(G) eornhating rampant (~orruption and illegal economic activity, including that which involves the military and its dose allies; 

(H) empowering local communities, civil 

soeiety, and independent media; 

(l) cnsurmg that the Government of 

Burma provides full citizenship for the 

Rohingya population in Burma as well as for 

those displaeed in Bangladesh; 

(,J) promoting responsible international 

aud regional engagement; 

(K) strengthening respect for and protection of human rights and religious freedom: and 

(L) addressing and ending the humanitarian aml human rights (~rises and support.ing 

the ability of the displaced Rohing:ya to voluntarily return to their homes, under safe, dig18 nificd, and internationally approved couditions. 

19 SEC. 103. SENSE OF CONGRESS WITH RESPECT TO HUMANI20 

21 

TARIAN ASSISTANCE, FREEDOM OF MOVEMENT, AND RIGHTS OF RETURNEES. 

22 (a) SEKSE OF CONGRESS.-It is the sense of Con23 grcss that24 ( 1) significant and sustained international sup25 port, from both publie and private sourees, "~11 be 
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10 

neeessary to address the medium- amllong-term im2 pacts of the crisis in Burma and the impact of the 

3 erisis on Bangladesh; and 

4 (2) the Cnited States should make resolving· the 

5 Rohingya crisis one of its top priorities in its en6 gagemeut with regioual institutious such as the As7 sociation of Southeast Asian :\!" ations. 

8 (h) RESTO RATIO~ OF HUlVL~'JITARL~ ACCESS AND 

9 ACCOUKTABILITY IN RAKHINE STATE.-Congress calls on 

10 the Government of Burma and Burmese security forces 

11 to eusure complete and unfettered humauitariau access iu 

12 the State of Rakhine and to support an independent inter13 national fe:wt-fimling mission to investigate allegations of 

14 ethnic c.leansing, crimes against humanity, and genocide. 

15 (e) RIGHTS OF REFUmES, INTERNALLY DISPLACED 

16 PERSONS, AKD RETUR.:--.!EES.-Congress calls on the Gov17 ernment of Burma to18 (1) ensure that Rohiuyga have freedom of 

19 movement and under no circumstances are subject 

20 to unsafe, involuntary, or uninformed repatriation; 

21 (2) create conditions for return of those dis22 placed from their homes by fully implementing the 

23 recommendations of the Advisory Commissiou ou 

24 Rakhine State and implementing full and equal citi25 zenship; 
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( 8) to work dosely \vith the international (~orn2 munity inc.luding the United Kations High Commis3 sioner for Refugees to ensure the dignified, safe, and 

4 voluntary returu of all those displaced from their 

5 homes, especially from Rakhine State, v.~thout an 

6 unduly high burden of proof; and 

7 ( 4) to offer to those refugees who do not want 

8 to return a meaningful alternative, induding eorn9 pensation or restitution. 

] 0 SEC. 104. SENSE OF CONGRESS ON PRESS FREEDOM. 

11 It is the sense of Cougress that iu order to promote 

12 the freedom of the press in Burma13 (1) \Va Lone aml Kyaw Soe Oo should be irn14 mediately and unconditionally released and should 

15 have ~weess to legal eounsel aml to their families; 

16 and 

17 ( 2) the decision to use a colonial-era law to ar18 rest these reporters underscores the need for serious 

19 legal reform, inelucling reform of the Official Secrets 

20 Act, 1923 and the rnlawful Association Act, 1908. 
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1 SEC. 105. SENSE OF CONGRESS WITH RESPECT TO IMPOSI2 TION OF SANCTIONS UNDER THE GLOBAL 

3 MAGNITSKY HUMAN RIGHTS ACCOUNT4 ABILITY ACT. 

5 It is the sense of Congress that the President should 

6 impose appropriate sanctions under the Global Magnitsky 

7 Human Right~ Aeeountablity Ad (~ubtitle F of title XII 

8 of Public Law 114-:328; 130 Stat. 2533; 22 U.S.C. 2656 

9 note) against officials and other persons in Burma who 

10 arc responsible for gross violations of internationally rcc11 ognizecl human rights or acts of significant corruption. 

12 TITLE II-ASSISTANCE AND 

13 

14 

SANCTIONS 

TO BURMA 

WITH RESPECT 

15 SEC. 201. AUTHORIZATION FOR HUMANITARIAN ASSIST16 ANCE AND RECONCILIATION. 

17 There i~ authorized to be appropriate!l $151,600,000 

18 for fiscal year 2019 for humanitarian assistance for 

19 Burma, Bangladesh, and the surrounding region, includ20 mg21 ( 1) assistance for the victims of the Burmese 

22 military'~ etlmie (~lean~ing earnpaign targeting the 

23 Rohingya in Rakhine State, including those dis24 placed in Bangladesh, Burma, and the surrounding 

25 rcg1on; 
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18 

( 2) support for voluntm7 resettlement or repa2 triation efforts regionally; and 

3 ( 8) humanitarian assistanee to vi dims of vio4 leuce and destruction in Rakhine State. 

5 SEC. 202. LIMITATION ON SECURITY ASSISTANCE AND MILl· 

6 TARY AND SECURITY SECTOR COOPERATION. 

7 (a) LIMITATION ON MILITARY AND SECURITY SEC8 TOR COOPERATION.-Ex(~ept as provided in subseetion 

9 (b), the rnited States may not provide any seeurity assist-

] 0 ance or engage in any militm7-to-military programs with 

11 the military or security forecs of Burma, incluiling 

12 through training, observation, or participation in regional 

13 exen~ises, until the date on whid1 the Seereta17 of State, 

14 in consultation with the Secreta17 of Defense, eertifies to 

15 the appropriate (~ongressional (~ornrnittees that the militm7 

16 and sceurity forces of Burma have demonstrated signifi17 cant progress in abiding by international human rights 

18 staudards aud arc uudcrtakiug mcaniugful and significant 

19 security sector reform, inducting reforms that enhance 

20 transparency and accountability, to prevent future abuses 

21 and that eaeh of the following eriteria have been met: 

22 ( 1) The Burmese military and security forces 

23 adhere to iutcrnational humanitariau law, dcm24 onstrate significant progress in abiding by inter-
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national standards for human rights, and pledge to 

2 stop future human rights abuses. 

3 (2) The Burmese military and seeurity fon~es 

4 support efforts to carry out meauiugful aud com5 prehensive investigations of alleged abuses and are 

6 taking steps to hold accountable those members of 

7 such military and security forces responsible for 

8 human rights abuses. 

9 ( 3) The Government of Burma, including the 

10 military and security forces, allow immediate and 

11 unfettered humanitarian access to commwlities in 

12 areas affected by conflict, including Rohingya com13 munities in the State of Rakhine. 

14 ( 4) The Government of Burma, including the 

15 military and se(mrity fon~es, eooperates ~with the 

16 United .:.J ations High Commissioner for Refugees 

17 and organizations affiliated \Vith the rnited Nations 

18 to ensure the protection of displaced persous and the 

19 safe, voluntary, and dignified return of refugees and 

20 internally displaced persons. 

21 ( 5) The Burmese military and security forces 

22 cease their attacks against ethnic minority gToups 

23 and constructively participate iu the conclusion of a 

24 credible, natiomvide ceasefire agreement, political ac-
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15 

eommodation, aml (~onstitutional (~hange, in(~luding 

2 the restoration of the citizenship of the Rohingya. 

3 ( 6) The Government of Burma, induding the 

4 military and security forces, defines a transparent 

5 plan with a binding timeline for professionali~ing the 

6 military and security forces and includes a process 

7 by which the military withdraws from private-sector 

8 business enterprises and eeases involvement in the il9 legal trade in natural resources and narcotics. 

10 (7) The Government of Burma establishes ef11 fective civilian control over the finances of its mili12 tary and security forees, including by ensuring that 

13 the military cloes not have ~weess to off-budget in14 come and that military expenditures are subjeet to 

15 adequate (~ivilian oversight. 

16 (b) EXCJ<;P'l'IONS.-

17 (1) CERTAIN EXISTI~G AUTHORITIES.-The 

18 Secretary of Defense shall retain the authority to 

19 conduct consultations ~with Burma pursuant to the 

20 authori~ation under seetion 1253 of the Carl Levin 

21 and Howard P. "Buck" McKeon National Defense 

22 Authorization Act for Fiscal Year 2015 (22 U.S.C. 

23 2151 note). 

24 (2) HOSPITALITY.-The Secretary of State and 

25 the rnited States Agency for International Develop-
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16 

ment may provide assistmwe authorized under part 

2 I of the Foreign Assistance Act of 19G1 (22 U.S.C. 

3 2151 et se(l.) to provide hospitality during researeh, 

4 dialogues, meetings, or other activities by the parties 

5 attending the Union Peace Conference 21st Century 

6 Paneling or related processes scckiug inclusive, sus7 tainable reconciliation. 

8 (e) MILITARY REFORM.-The (~ertifi(~ation re(plired 

9 under subsection (a) shall include a YvTitten justification 

10 in unclassified form that may contain a classified annex 

11 describing the Burmese military's effolts to implement re12 forms, end impunity for human rights abuses, and in13 erease transpareney and ae(~ountability. 

14 (d) RULE OF CONSTRUCTION.-Nothing in this Act 

15 may be (~onstrued to authorize the Seeretary of Defense 

16 to provide assistance to the Government of Burma except 

17 as provided in this section. 

18 (c) RJ£POR'l'.-

19 (1) I:r\ GENERAL.-Not later than 180 days 

20 after the date of the enactment of this Act, and an21 nually thereafter, the Secretary of Defense and the 

22 Secretary of State shall submit to the appropriate 

23 congressioual committees a report, in unclassified 

24 form with a classified annex, on the strategy and 

25 plans for military-to-military engagement between 
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17 

the Unite!l States Armed Fon~es aml the military 

2 and security forces of Burma. 

3 (2) ELEMENTS.-The report required under 

4 paragraph ( 1) shall include the following· elements: 

5 (A) A description and assessment of the 

6 Government of Burma's strategy for security 

7 sector reform, including plans to vvithdraw the 

8 rnilitmJT from o\vning or eontrolling private-se(~-

9 tor business entities and end involvement in the 

10 illicit trade in jade and other natural resources, 

11 reforms to end corruption and illicit drug traf12 fic.king, and constitutional reforms to ensure ci13 vilian eontrol. 

14 (B) A list of ongomg military activities 

15 eondlH~ted by the Unite!l States Government 

16 with the Government of Burma, and a descrip17 tion of the rnited States strategy for future 

18 military-military eugagemeuts between the 

19 United States and Burma's military and secu20 rity forces, including the military of Burma, the 

21 Burma Police Foree, and armed ethnic groups. 

22 (C) An assessment of the progress of the 

23 military and seeurity forees of Burma towards 

24 developing a framework to implement human 

25 right reforms, inelucling-
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3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

18 

(i) eooperation with (~ivilian authorities to investigate and prosecute cases of 

serwus, (~redihle, or gToss human rights 

abuses; 

(ii) steps taken to demonstrate respect 

for and implcmcutation of the laws of war; 

and 

(iii) a de;wription of the elements of 

the military-to-military engagement between the United States and Burma that 

promote such implementation. 

(D) An assessment of progress on the 

pea(~eful settlement of armed eonfliets between 

the Government of Burma and ethnic minority 

groups, in(~luding aetions taken hy the milihny 

of Burma to adhere to cease-fire agreements, 

allow for safe and voluntary returns of displaced persons to their homes, and withdraw 

forces from conflict zones. 

(E) An assessment of the Burmese's militmy recruitment and use of children as soldiers. 

(F) An assessment of the Burmese's military's usc of violence against women, sexual violence, or other gender-based violence as a tool 

of terror, war, or ethnic cleansing. 
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19 

(f) RmnJLAR Co~SULTATIOKS.-Any new prognnn 

2 or activity carried out under this section shall be subject 

3 to prior eon~nltation vvith the appropriate eongre~sional 

4 committees. 

5 SEC. 203. IMPOSITION OF SANCTIONS WITH RESPECT TO 

6 CERTAIN FOREIGN PERSONS. 

7 (a) IK GENERAL.-For the 8-year period beginning 

8 on the date that i~ 270 day~ after the date of the ene:wt9 ment of this Act, the President shall impose the sanctions 

10 described in subsection (h) v.~th respect to each foreign 

11 person that the President determines12 (1) is a current or former senior official of the 

13 military or ~eeurity fon~e~ of Burma who know14 ingly15 (A) perpetrated or is re~pon~ihle for order16 ing or otherwise directing serious human rights 

17 abuses in Burma; or 

18 (B) failed to investigate senous human 

19 rights abuses allegecUy committed by one or 

20 more subordinates of such official, including 

21 against the Rohingya community in the state of 

22 Rakhine; 

23 (2) is an entity owned or controlled by any per24 son described in paragraph ( 1); 
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20 

( 8) has kno\vingly provided or reeeived signifi2 cant financial, material, or technological support to 

3 or from a foreign person, induding the immediate 

4 family members of such person, described in para5 graph (1) for any of the acts described in subpara6 graph (A) or (B) of such paragraph. 

7 (b) SANCTIONS.-The sanctions described in this sec8 tion are the following: 

9 ( 1) ASSET BLOCKING .-K otwithstanding the re-

] 0 quirements of section 202 of the International 

11 Emergency Ecouomic Powers Act (50 C.S.C. 1701), 

12 the exercise of all powers gTanted to the President 

13 hy sueh A(~t to the extent neeessary to blo(~k and 

14 prohibit all transactions in all property and interests 

15 in property of a person the President determines 

16 meets one or more of the criteria described iu sub17 section (a) if such property and interests in property 

18 arc in the U nitcd States, come within the C nitcd 

19 States, or are or come within the possession or con20 trol of a United States person .. 

21 (2) ALIE~S INELIGIBLE FOR ~VISAS, AIHIISSIO~, 

22 OR PAROLE.-

23 (A) VISAS, ADNIISSION, OR PAROLK-1\.n 

24 alien who the Secretary of State or the Sec25 retary of Homeland Security (or a designee of 
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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 

21 

one of SU(~h Seeretaries) knows, or has reason 

to believe, meets any of the criteria described in 

suhseetion (a) is-

(i) inadmissible to the United States; 

(ii) inelig1ble to receive a visa or other 

documentation to enter the United States; 

and 

(iii) othervvise ineligible to he admitted 

or paroled into the United States or to receive any other benefit under the TmmigTation and Nationality Act (8 U.S.C. 1101 ct 

seq.). 

(B) GURREKT 17ISAS REVOKED.-

(i) IK GENERAL.-The issuing consular offi(~er, the Seeretm7 of State, or the 

Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation 

issued to an alien who meets any of the 

criteria described in subsection (a) regardless of when issued. 

(ii) EFFECT OF REVOCATIO~.-A revocation under clause (i)-

(I) shall take effect immediately; 

and 
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22 

(II) shall automatieally eaneel 

2 any other valid ~visa or entry docu3 mentation that is in the alien's pos4 sesswn. 

5 (3) EXGEP'l'TON '1'0 (Xl:\fPLY WT'l'TT r~T'l'RD NA6 TlONS HEADQCAR'l'ERS AGREENlEl'\'1'.-Sauctions 

7 under paragTaph (2) shall not apply to an alien if 

8 admitting the alien into the Unite(l States is ne(~-

9 essary to permit the United States to comply with 

10 the Agreement regarding the Headquarters of the 

11 Uuited Nations, signed at Lake Success June 26, 

12 1947, and entered into force November 21, 1947, 

13 between the United Nations and the 1~nited States, 

14 or other applicable international obligations. 

15 (e) PE~ALTIES.-Any person that violates, attempts 

16 to violate, conspires to violate, or causes a violatiou of this 

17 section or any regulation, license, or order issued to carry 

18 out subsection (b) shall be subject to the penalties set 

19 forth in subsections (b) and (c) of section 206 of the Inter20 national Emergency Economic Powers Act (50 U.S.C. 

21 1705) to the same e:x-tent as a person that commits an 

22 unlawful act described in subsection (a) of that section. 

23 (d) ExGI£P'l'lONS.-Subsection (b)(2) shall not apply 

24 to the admission of an individual to the United States if 

25 such admission is necessary to comply >vith rnited States 
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28 

obligations under the AgTeernent between the Unite!l Na2 tions and the United States of America regarding the 

3 Headquaders of the United Nations, signed at Lake ~hw4 cess June 26, 1947, and entered iuto force November 21, 

5 1947, or under the Convention on Consular Relations, 

6 douc at Vicuna April 24, 1963, and entered into force 

7 March 19, 1967, or other international obligations of the 

8 United States. 

9 (e) IMPLE::\IENTATIOK.-The President may exercise 

10 the authorities provided under section 203 and 205 of the 

11 lntcruatioual Emergency Ecouomic Powers Act (50 

12 U.S.C. 1702 and 1704) to carry out this section. 

13 (f) WAIIlER.-

14 (1) IK GENERAL.-The President may annually 

15 waive the applieation of smwtions require!l hy sub16 section (a) with respect to a person if the Prcsi17 dentIS (A) determines that such waiver is in the 

19 national interest of the rnited States; and 

20 (D) not later than the date on which such 

21 waiver will take effect, submits to the congres22 sional committees listed in paragraph (2) a no23 ticc of and justificatiou for such waiver. 
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24 

(2) CONCJ.RESSIOKAL COMMITTEES LISTED.-

2 The congressional committees listed in this para3 gn1ph are the following: 

4 (A) The Committee ou l<'oreig·n Affairs, the 

5 Comrnittee on Appropriations, and the Com6 mittee ou Pinaucial Services of the House of 

7 Hepresentatives. 

8 (B) The Committee on Foreign Relation~, 

9 the Committee on Appropriations, and the 

10 Comrnittee on Dan king, Housing, and rrhan 

11 Affairs of the Senate. 

12 (g) DRFTNTTTONS.-Tn this section: 

13 (1) ADMITTED; ALIEN.-The term~ "admitted" 

14 and "alien" have the meanings given those terms in 

15 ~ed,ion 101 of the Immigration and Nationality Aet 

16 (8 U.S.C. 1001). 

17 (2) FOREIGN PERSON.-The term "foreign per18 sou" means a persou that is uot a Uuited States 

19 person. 

20 (3) KNO\VT~CiTiY.-The term "knm,~ngly" 

21 means, vvith respect to conduct, a circumstance, or 

22 a result, means that a person has actual knowledge, 

23 or should have known, of the couduct, the cir24 cumstance, or the result. 
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25 

( 4) U~ITED STATES PERSOK.-The term 

2 "United States person" means3 (A) a United States eitizen, an alien law4 fully admitted for permanent residence to the 

5 United States, or any other indi,~dual subject 

6 to the jurisdiction of the United States; or 

7 (B) an entity organized under the laws of 

8 the United States or of any jurisdietion within 

9 the United States, including a foreign branch of 

10 such entity. 

11 SEC. 204. FORFEITURE OF PROPERTY. 

12 (a) AMRNDMFJNT TO PROPFJRTY STTR.JFJCT TO FOR.-

13 FEITURE.-Sedion 9R1(a)(1) of title 1R, United States 

14 Code, is amended by adding at the end the following: 

15 

16 

17 

"(,T) AIW property, real or personal, that is 

involved in a violation or attempted violation of, 

or which constitutes or is derived from proceeds 

18 traceable to, a prohibition imposed pursuant to 

19 section 203 of the Burma Unified through Rig20 orous Military Accountability Act of 2018.". 

21 (b) AlVIENDlYIENT TO DEFIKITION OF CIVIL FOR22 FEITURE.-Section 983(i)(2)(D) of title 18, United States 

23 Code, is amended24 ( 1) by striking ", or the" and inserting ", the"; 

25 and 
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26 

(2) hy adding at the end before the semi(~olon 

2 the follcnving: ", or section 203 of the Burma rnited 

3 through Rigorous Militm7 Aeeountahility A(~t of 

4 2018". 

5 TITLE III-GOVERNANCE OF THE 

6 BURMESE MINING AND GEM7 STONE SECTOR 

8 SEC. 301. SENSE OF CONGRESS ON THE BURMESE MINING 

9 SECTOR AND THE IMPORTATION OF BUR· 

] 0 MESE GEMSTONES OR MINERALS. 

11 (a) Pll'\DINGS.-Congress fiuds the following: 

12 (1) In 2015, the nongovernmental organization 

13 Global \Vitness estimated that the value of total pro14 duction of jade m Burma m 2 014 was 

15 $:11,000,000,000, almost 48 pen~ent of the offi(~ial 

16 gross domestic product of Burma. As much as 80 

17 percent of that jade sold is smuggled out of Burma. 

18 (2) Burma's military and associated entities, in19 eluding companies nvvned or controlled by Myanmar 

20 Economic Corporation and Myanmar Economic 

21 Holding Limited, their affiliated companies and 

22 companies mvned or controlled by current and 

23 former senior military officers or their family mem24 hers, are deeply embedded in the mining sector, in25 eluding the gemstone industry, and benefit finan-
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27 

eially from ~widespread illi(~it smuggling of jade aml 

2 rubies from Burma. 

3 ( 8) Illegal traffieking In preewus and 

4 semiprecious stones from Burma, iucluding the lu5 crative trade in high-value jade and rubies, deprives 

6 the people of Burma and the civiliau government of 

7 critical revenue and instead benefits military-linked 

8 entities, non-state armed gToups, ancl trammational 

9 organized criminal networks. 

10 ( 4) The Government of Burma has begun to 

11 take steps to reform aspects of the mining sector, in12 eluding governance in the gemstone industry by tem13 porarily suspending the issuan(~e or renewal of jade 

14 and gemstone mining permits; eommissioning an en15 vironmental management plan for some mining 

16 areas; and establishing the multi -stakeholder Jade 

17 and Gemstone Support Committee under the :VIin18 istry of .:.J at ural Resources and Enviromnental Con19 servation to develop recommendations for a new in20 dustry-\vide poliey and limited gemstone payment 

21 disclosures under the ~/[yanmar Extraetives Industry 

22 transpareney Initiative. 

23 (5) The liftiug in October 2016 of L'nited 

24 States sanetions on the importation of jadeite and 

25 11Jbies from Burma allowed such gemstones to le-
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28 

gaily enter the United States market, but some re2 tailers have refrained from sourcing gemstones of 

3 Burmese origin due to governan(~e aml reputational 

4 concerns. 

5 (b) SR~SR OF CONURRSS.-Tt lS the sense of Con6 gress that7 (1) the United States should deepen engageS ment with the Government of Burma with respeet to 

9 the mining sector and should make available tech-

] 0 nieal, capacity-building and other assistanee through 

11 the Department of State or the U uited States Agen12 ey for International Development to support the 

13 Government of Burma in efforts to reform the gern14 stone industry; and 

15 ( 2) (~ornpanies that seek to import into the 

16 United States gemstones or miuerals that may be of 

17 Burmese origin or artieles of jewelry containing sueh 

18 gemstones should19 (A) obtain such materials exelusively from 

20 entities that satisfY the transpareney criteria 

21 described in section :302(b) or from third par22 ties that can credibly demonstrate that they 

23 sourced the materials from entities that meet 

24 such criteria; 
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2 

3 

4 

5 

6 

29 

(B) umlertake robust line diligenee pro(~edures in line \vith the Due Diligence Guidance 

for Responsible Business Condud and Due 

Diligence Guidance for Res1Jonsible Supply 

Chains of Yfinerals from Conf1ict-Affected and 

High-Risk 1\.reas of the Orgaui:,mtiou for Eco7 nomic Cooperation and Development. 

8 SEC. 302. RESPONSIBILITY AND TRANSPARENCY IN THE 

9 MINING SECTOR. 

10 (a) LIST OF PARTTCTPATTNG E~TTTmS.-

11 (1) ll'\ GENERAL.-Not later than 120 days 

12 after the date of the enactment of this Act, and not 

13 less than annually thereafter until the date deseribed 

14 in subsection (e), the Secretary of State shall submit 

15 to the appropriate (~ongTessional eornrnittees a list of 

16 the entities described in each of subparagraphs (A) 

17 and (B) of paragraph (2) that18 (A) participate iu Burma's nurung sector; 

19 (B) meet the criterion described in sub20 section (b)(l ): and 

21 (C) meet or have made significant progress 

22 towards meeting the criteria in subsections 

23 (b)(2) through (b)(5). 

24 (2) ENTITIES DESCRIBED.-The entities de25 scribed in this paragraph are the follovving: 
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(A) Entities that produee or proeess pre2 cious and semiprecious gemstones. 

3 (B) Entities that sell or e::q1ort premous 

4 aud semiprecious gemstoues from Burma or ar5 ticles of jewelry containing such gemstones. 

6 (b) CRITJ£RL~ DJ£SClUBJ£D.-'l'hc criteria described iu 

7 this subsection are the follcnving with respect to an entity: 

8 (1) The entity publidy disdoses henefi(~ial ovvn9 ership, as such term is defined for purposes of the 

10 Myanmar F}x'iractive Industry Transparency Tnitia11 tivc (lVlyanmar El'l'l), and the entity is not owned 

12 or controlled, either directly or indirectly, by the 

13 Burmese military or se(mrity forees, any eurrent or 

14 former senior Burmese military officer, or any per15 son san(~tioned by the United States pursuant to any 

16 rclcvaut sanctions authority. 

17 (2) The entity publiely cliseloses any politically 

18 exposed pcrsous as defined by the Extractive ludus19 try Transparency Initiative who are beneficial ovvn20 ers as defined under the Myanmar ETTT. 

21 ( 3) The entity publicly discloses valid authoriza22 tion, license, or permit to produce, process, sell, or 

23 export miucrals or gemstones, as applicable. 

24 ( 4) The entity publiely diseloses pa;vrnents to 

25 the Government of Burma, including tax and non-
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81 

tax, lieemw, or royalty payment~, and other pay2 ments or contract terms as may be required under 

3 Myanmar EA'inwtive Indu~try Tran~pareney Initia4 tive standards. 

5 (5) The entity undertakes robust due diligence, 

6 in line with the OECD Due Diligence Guidance for 

7 R,esponsible Supply Chains of :VIinerals from Con8 fliet-Affe(~te!l and High-Ri~k Area~, ind1Hling publie 

9 reporting. 

10 (c) PumJTCATTO~ OF TJTST.-The Secretary of State 

11 shall publish the list under subsection (a) and shall peri12 odically update such list as appropriate. 

13 (d) GnDANCE.-The 8eeretm7 of State ~hall i~sue 

14 guidance to relevant companies regarding supply-chain 

15 line diligenee best pre:wti(~e~ appli(~able to importation of 

16 gemstones or minerals that may be of Burmese origin or 

17 articles of jewelry containing such gemstones to mitigate 

18 the potential risks associated with the importatiou of such 

19 items. 

20 (e) TRK\1TNATTON.-The requirement under sub21 section (a) shall terminate on the date on which the Presi22 dent certifies to the appropriate congressional committees 

23 that the Government of Burma has taken substantial 

24 measures to reform the mining sector in Burma, including 

25 the following: 
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82 

( 1) Requiring the mandatory disdmmre of pay2 ments, permit and license allocations, project reve3 nues, relevant (~ontraet terms, and henefieial owner4 ship, including· ideutifying any politically exposed 

5 persons who are beneficial ovvners, consistent v.~th 

6 the approach agreed under the lVlyanmar El'l'l aud 

7 >vith due regard for civil society participation. 

8 (2) Separating the (~ommereial, regulatory, and 

9 revenue collection responsibilities ''cithin the 

10 Myanmar Gems Enterprise and other key state11 owucd enterprises to remove cxistiug conflicts of in12 terest. 

13 ( 8) }1onitoring and undertaking enforeement 

14 actions, as warranted, to ensure that entities fully 

15 adhere to environmental and soeial impaet assess16 mcut aud management standards iu accordance with 

17 international responsible mining practices, the coun18 try's environmental conservation law and other ap19 plicable laws and regulations, and that they uphold 

20 occupational health and safety standards and codes 

21 of conduct that are aligned with the core labor 

22 standards of the International Labour Organisation 

23 and domestic law. 

24 ( 4) Actively seeking a comprehensive peace 

25 agTeement that addresses the transparent and fair 
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distribution of benefits from natural resoun~es, in2 eluding local benefit-sharing, taking into consider3 ation proposals on fis(~al federalism for new govern4 ance arrang·ements in resource-rich reg·ions. 

5 (5) Implementing on a timely basis policy re6 forms aligned with the recommendations of the 

7 multi-stakeholder .Jade and Gemstone Support Com8 mittee and reporting reg1:liarly on sueh reforms. 

9 ( 6) Reforming the process for valuation of 

10 gemstones at the mine-site, including developing an 

11 independent valuation system to prevent undervalu12 ation and tax evasion. 

13 (7) Requiring eompanies bidding for jade and 

14 ruby permits to be independently audited upon the 

15 request of Myanmar Gems Enterprise or the :Yiin16 ister of !\ atural Resources and Enviromnental Con17 servation, and making the results of all such audits 

18 public. 

19 ( 8) Establishing a credible and transparent per20 mitting process that closely scruti11i~es applicants, 

21 including based on past performance, and prevents 

22 unscrupllious entities from gaining authorized access 

23 to concessions or the right to trade in minerals or 

24 gemstones. 
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84 

( 9) Establishing effe(~tive oversight of state2 owned enterprises operating in such sector, including 

3 through parliamentary oversight or re(plirernents for 

4 indepeuclent financial auditing. 

5 (f) AUTTTORJIIATTON.-The Secretary of State is au6 thori11ecl to consult with appropriate officials of the Gov7 ernment of Burma to obtain such private-sector informa8 tion as may he ne(~essary to (~arry out this se(~tion. 

9 TITLE IV-ACCOUNTABILITY 

10 FOR HUMAN RIGHTS ABUSES 

11 AND STRATEGY FOR EC0-

12 NOMIC GROWTH 

13 SEC. 401. DETERMINATION AND REPORT ON ACCOUNT· 

14 ABILITY FOR ETHNIC CLEANSING, CRIMES 

15 AGAINST HUMANITY, AND GENOCIDE IN 

16 BURMA. 

17 (a) IN GENERAL.-Kot later than 180 clays after the 

18 elate of the enactmeut of this Act, the Secretary of State 

19 shall submit to the appropriate congressional committees 

20 a report that21 ( 1 ) describes22 

23 

24 

25 

(A) allegations of ethnic cleansing, cnmes 

against humanity, and genocide in Burma; aud 

(B) potential transitional justice mecllanisms in Burma; and 
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30102g-35.eps

85 

(2) ind1Hles a determination whether the events 

2 that took place in the state of Rakhine in Burma, 

3 starting on August 25, 2017, eonstitute ethnie 

4 cleansing, crimes against humanity, or g·enocide. 

5 (h) ETJRJVTRK'l'S.-The report required under sub6 section (a) shall include7 ( 1) a description of8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

(A) ineidents that may eonstitute ethnie 

cleansing, crimes against humanity, or genocide 

committed by the Burmese military against the 

Rohingya miuority and the identities of any 

other actors involved in such incidents; 

(B) the role of the eivilian government m 

the commission of such incidents; 

(C) in(~idents that may eonstitute ethnie 

cleansing, crimes against humanity, or genocide 

committed by violent extremist groups or antigovernment forces; 

(D) incidents that may violate the principle 

of medical neutrality and, to the extent possible, 

the identities of any individuals who engaged in 

or organized such incidents; and 

(E) to the extent possible, a description of 

the conventional and unconventional weapons 
141


30102g-36.eps

86 

used for sueh (mmes and the soun~es of sueh 

2 weapons; 

3 (2) a cleseription and assessment hy the Depart4 meut of State, the Uuited States Ag-ency for luter5 national Development, the Department of ,Justiee, 

6 aud other appropriate 11'ederal departmeuts aud 

7 ageneies of programs that the rnited States has al8 ready undertaken or is planning to undertake to en9 sure accountability for ethnic eleansing-, cnmes 

10 against humanity, and genocide perpetrated against 

11 the Rohingya by the military and security forces of 

12 Burma, the state government of Rakhine, Buddhist 

13 militias, aml all other armed gTonps fighting in 

14 Rakhine, ineluding- programs to15 (A) train (~ivilian investigators within and 

16 outside of Burma aud Bangladesh on how to 

17 document, investigate, develop findings of, and 

18 identi(v and locate alleged perpetrators of eth19 nic cleansing, cnmes ag-ainst humanity, or 

20 genoeide in Burma; 

21 (B) promote and prepare for a transitional 

22 justice proeess or proeesses for the perpetrators 

23 of ethnic cleansing, crimes against humanity, 

24 and genoeide occurring in the State of R.akhine 

25 in 2017; and 
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30102g-37.eps

87 

(C) !loeument, (~olled, preserve, and pro2 teet evidence of ethnic c.leansing, crimes against 

3 humanity, and geno(~ide in Burma, indmling by 

4 providing support for Burmese, Bangladeshi, 

5 foreig11, and international nongovernmental or6 gani:,-;ations, the United Nations Humau Rights 

7 Council's investigative team, and other entities 

8 engaged in s1wh investigative e:wtivities; and 

9 ( 3) a detailed study of the feasibility and de sir-

] 0 ability of potential transitional justice mechanisms 

11 for Burma, including a hybrid tribunal, to address 

12 ethnic cleansing, crimes against humanity, and geno13 ei!le pe11Jetrated in Burma, indll(ling reeommenda14 tions on which transitional justice mechanisms the 

15 Unite!l States should support, why sueh medmnisms 

16 should be supported, and what type of support 

17 should be offered. 

18 (c) PlWTJ<;CTION Q}' WIT~J<;SSES AND EVIDJ<;~CK19 The Secretary of State shall take due care to ensure that 

20 the identification of vvitnesses and physical ev~dence are 

21 not publiely diselosed in a mmmer that might place such 

22 persons at risk of harm or encourage the destruction of 

23 evidence by the Government of Burma. 

24 (d) AUTHORIZATION TO PROVIDE TECH~ICAL AS25 STSTANCR.-
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30102g-38.eps

(1) IN C+ENERAL.-The Se(~retary of State, in 

2 consultation with the Attorney General and the 

3 heads of other appropriate Federal depadrnents and 

4 agencies, is authori,;ed to provide assistauce to sup5 port appropriate entities that are undertaking the 

6 efforts described in paragraph (2) with respect to 

7 ethnic cleansing, crimes against humanity, and geno8 eide perpetrated by the militm7 and seeurity fon~es 

9 of Burma, the state government of Rakhine, Buell 0 dhist militias, and all other armed groups fighting in 

11 Rakhiue State. 

12 (2) EFFORTS AGAT~S'l' HUMAN RTGH'l'S 

13 ABUSES.-The efforts deseribed in this paragraph 

14 are the follovving: 

15 (A) Identifying suspeeted pe11Jetrators of 

16 ethnic cleansing, crimes against humauity, aud 

17 genoeide. 

18 (B) Collecting, documenting, and pro19 teeting eviclenee of sueh m·imes and preserve the 

20 ehain of eustody for such evidence. 

21 (C) Condueting eriminal investigations. 

22 (D) Supporting investigations eondueted 

23 by other eountries, as appropriate. 

24 (:3) ADDITIOKAL Sl~PPORT.-The Seeretary of 

25 State, in consultation with the heads of other appro-
144


30102g-39.eps

priate Federal departments and ageneies and the ap2 propriate congressional committees, and taking into 

3 <:W(~ount any relevant findings in the report re(1nired 

4 by subsection (a), is authori,;ed to support the cre5 ation and operation of transitional justice mecha6 nisms, iucluding a potential hybrid tribunal, to pros7 ecute individuals suspected of committing ethnic 

8 deansing, (~runes against humanity, or genoeide in 

9 Burma. 

] 0 SEC. 402. STRATEGY FOR PROMOTING ECONOMIC GROWTH 

11 AND DEVELOPMENT. 

12 (a) TN GRNFJR.Ah-1\ot later than 180 clays after the 

13 date of the emwtment of this Aet, the Se(~retary of State, 

14 the Secretary of the Treasury, and the Administrator of 

15 the 1~nited States Ageney for International Development 

16 shall jointly submit to the appropriate cougressional com17 mittees a strategy to support inclusive and enduring eco18 uomic growth and development, in accordauce with the 

19 priorities of the Govennnent of Burma to improve eco20 nomic conditions. 

21 (b) ELEMENTS.-The strategy required by subsection 

22 (a) shall include a plan to promote inclusive and enduring 

23 economic growth and development, including the following 

24 elements: 
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30102g-40.eps

40 

( 1) A road map for e(~onomw reforms that 

2 >vill3 (A) (~reate and enabling environment for 

4 economic growth and opportunity; 

5 (D) enhance transparency, aecountability 

6 and good governance; 

7 (C) diversify control and create competi8 tion in key industries and sedors <lominated hy 

9 the current and former military officials, the 

10 family members of such officials, and 

11 businesspeople connected to the military. 

12 (D) increase transparency disclosure re13 quirements in key sedors to promote respon14 sible investment; 

15 (E) identify needs and opportunities to 

16 provide technical assistance to key ministries, 

17 institutions, and organizations to enact eco18 nomic refonns, including revisions to existing 

19 policies on public. disclosure of beneficial owner20 ship of companies in key sectors that will allow 

21 for identification of those seeking or seeuring 

22 access to Burma's most valuable natural re23 sources; and 

24 (F) promote responsible inyestment. 
146


30102g-41.eps

41 

(2) A work-plan, developed in (~ollaboration ~with 

2 the Government of Burma and the Myanmar Invest3 ment Commission to-----

4 (A) establish a mechanism and enhance 

5 the capacity of the Myanmar Investment Com6 missiou to identi(v and exclude iuvestors with a 

7 negative track record >vith respect to eorruption 

8 or fiseal, SO(~ial, or environmental harms: 

9 (B) enhanee transpareney and diselosure 

10 through the development and enforeement of 

II robust trauspareney and disclosure measures 

12 under domestic. law, ineluding through ineorpo13 ration of ne(~essary elements of the OrganizaI4 tion for Eeonomie Cooperation and DevelopIS ment's due diligenee frameworks into eorporate 

I6 disclosure requirements; 

I7 (C) build capaeity within eivilian governIS ment iustitutions, ineluding to earry out effecI9 tive oversight over public.- and military-owned 

20 entities and to appropriately regulate private 

2I and public. entities with regard to environ22 mental, soeial, finaneial, and governanee issues; 

23 (D) support reform of the gemstone iudus24 try, including through technical, capaeity-build25 ing, and other assistanee, to address serious 
147


30102g-42.eps

42 

ehalleng-es and help ensure that business e:wtiv2 ity in this industry benefits the people of 

3 Burma; 

4 (E) promote universal access to reliable, 

5 affordable, and efficient electricity, including by 

6 lcvcragiug U nitcd States assistance to support 

7 reforms in the electricity sector and electrifica8 tion projed,s that merease energy ~weess 

9 through partnership vvith multilateral orgamza1 0 tions and the private sector; 

11 (11') improve the govcnnncut of Burma's 

12 ranking in the ·world Bank's "Doing Business" 

13 report: and 

14 (G) secure private property rights and land 

15 tenure. 

16 (c) Co.:--.rsuurATIOK RJ£QUIRED.-lu dcvclopiug the 

17 strategy required by subsection (a), the Secretary of State 

18 shall consult with appropriate officials of the Govcrmncut 

19 ofBurma. 

20 (d) RRPOR'l' ON lMPTJRl\TRK'l'i\'l'TON.-

21 (1) IK GENERAL.-Not later than 180 clays 

22 after the elate of the submission of the strategy re23 quircd by subsection (a), the Secretary of State, the 

24 Secretary of the Treasury, and the Administrator of 

25 the rnited States Agency for International Develop-
148


30102g-43.eps

48 

ment shall jointly submit to the appropriate (~ongres2 sional committees a report in unclassified form, that 

3 may eontain a dassified annex, that deseribes the 

4 extent to which United States assistance and the ef5 forts of the Government of Burma have promoted 

6 inclusive and enduring economic development in ac7 corclance vvith such strategy. 

8 (2) ELEl\IE~TS.-The report re(1nired by para9 graph ( 1) shall also address the efforts undertaken, 

10 progTess achieved, and any next steps planned by ei11 ther the United States or the Government of Burma 

12 with respect to13 (A) the elements in seetion :10l(h); 

14 (B) the promotion of accountability and 

15 transpareney, induding through the eolle(~tion, 

16 verification, and publication of beneficial owner17 ship information related to extractive industries; 

18 and 

19 (C) the promotion of best practices regard20 ing21 (i) environmental conservation, man22 agement, and planning; 

23 (ii) social impact assessments, includ24 ing social and cultural protection and free, 

25 prior, and informed consent and meaning-
149


30102g-44.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

44 

ful partieipation of loeal population~. particularly minority ethnic nationalities; 

(iii) avoidanee of di~plaeement of lo(~al 

populations without meaningful consultation and consent, harm mitigation, or compensation; and 

(iv) clue diligence proeeclures in ac-

(~ordam~e \vith the United Nations Guiding 

Prineiples on Business and Human Rights 

and the Due Diligence Gnidanee for Responsible Business Conduct and Due Diligenee Guidance for Responsible Supply 

Chain~ of Mineral~ from Confliet-Affe(~ted 

and High-Risk Areas of the Organization 

for E(~onomie Cooperation and Development. 
150


30102q-1.eps

AMENDMENT TO H.R. 5819 

OFFERED BY MR. ENGEL OF NEW YORK 

Page 12, line 17, strike "$151,600,000" and insert 

"$195,600,000". 

Page 13, line 9, insert "for the 8-year period beginning on the date of the enactment of this Act," before 

"the C nited States". 

Page 13, line 10, strike "military-to-military progTams" and insert "security cooperation". 

Page 13, beginning line 11, strike " including 

through training, observation, or parti(~ipation in regional 

exercises,''. 

Page 1:3, beginning line 1:3, strike "the Secretary of 

State" and all that follows through "appropriate congressional committees" and insert "the Secretary of State 

certifies to the appropriate congressional committees with 

respect to security assistance, as such term is defined in 

section 502B(cl) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2304(d)), and, in consultation with the Secretary of Defense, with respect to security eooperation 

programs and activ-ities of the Department of Defense, as 
151


30102q-2.eps

2 

sudr term is defined m sedion :101 of title 10, 1~nited 

States Code,". 

Page 18, line 20, insert ", such as the following:" 

after "to prevent future abuses". 

Page 13, strike line 21. 

Page 15, line 5, strike "binding". 

Page 16, line 

"Pangl ong". 

6 ' strike "Paneling" and insert 

Page 19, line 18, strike "failed to investigate" and 

iusert "has taken siguificant steps to impede investigations or prosecutions of". 

Page 22, beginning line 23, strike subsection (d). 

Page 27, beginning line 10, amend paragn1ph (4) to 

read as follows: 

1 ( 4) The Government of Burma has begun to 

2 take steps to reform aspects of the mining sector, in3 cludiug g·ovenrance in the gemstone industry4 (A) by temporarily suspending the issuance 

5 or renewal of jade aml gemstone mining per6 nuts; 

7 (D) by commissioning a11 environmental 

8 mauagemeut plan for some mining areas; 
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30102q-3.eps

2 

3 

4 

5 

6 

7 

8 

8 

(C) by establishing the multi-stakeholder 

,Jade and Gemstone Support Committee under 

the Ministry of )J atnral Resourees and Environmental Conservation to develop recommeudations for a new industry-v.~de policy; and 

(D) through gemstoue paymeut disclosures 

under the Myanmar Extractive Industry Transpareney Initiative. 

Page 30, beginning line 18, :strike "Extractive Industry Transpareney Initiative" and insert "Myanmar 

ETTT". 

Page 84, beginning line 5, strike suhsedion (f). 

Page :18, beginning line 1, strike ", in consultation 

vvith" and all that follows through "ageneies,". 

Page 38, beginning line 25, strike "in consultation 

with" aud all that follows through "committees, allCl". 

Page 3 9, beginning liue 13, strike "the Seeretary of 

State," and all that follows through "jointly submit" and 

insert "the President shall submit". 

Page 89, line 19, insert ", to the e},.·tent prad.ieable," 

after "Government of Burma". 

Page 42, line 19, insert "and of other eountries" before the period at the end. 
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30102q-4.eps

4 

Page 42, beginning line 2:1, strike "the Se(~retary of 

State," and all that follows through "jointly submit" and 

insert "the President shall submit". 

Page 43, line 13, strike "the clemeuts m section 

:301(b)" and insert "the measures described m section 

:302( e)". 
154


30102r.eps

AMENDMENT TO H.R. 5819 

OFFERED BY MR. WILSON OF SOUTH CAROLINA 

At the end of title T, add the follmving new section: 

SEC. . SENSE OF CONGRESS WITH RESPECT TO NON· 

2 PROLIFERATION COMMITMENTS. 

3 It is the sense of Congress that the Government of 

4 Burma should take all necessary steps to5 ( 1) bring into force the Additional Protocol to 

6 its safeguards agreement vvith the International 

7 Atomic Energy Agency (IAEA); 

8 (2) modify its Small Quantities Protocol to eon9 form with current LillA standards; and 

10 (:3) provide the LillA with a comprehensive 

11 dedaration of its nudear f~wilities aml nudear-re12 lated activities. 
155

Chairman ROYCE. So I will now recognize myself to speak on today’s business. First, I’d just like to mention on the Cambodian Democracy Act, I want to thank Chairman Yoho. I think this is a very 

important bill to support the people of Cambodia. 

Hun Sen aspires to be a tyrant there and he is behaving right 

now as a tyrant in terms of what he has done to the political opposition and to his people, and I am very proud to support this act, 

which will hold Hun Sen and hold his regime accountable for systematic human rights abuses. 

I also want to recognize in the audience today our colleague, Congressman Alan Lowenthal, who’s been a leader in Congress on 

U.S.-Cambodia issues. So, Alan, thanks for being with us. 

Next, we have H.R. 5819, the BURMA Act. For over three decades, Burma has systematically denied the Rohingya even the most 

basic of human rights. 

Last year, this ethnic cleansing reached new horrific levels. The 

Burmese military drove 700,000 Rohingya from their homes, burning villages, raping women, and killing thousands. 

A Burmese commander told fleeing Rohingya, ‘‘We will turn your 

village into soil,’’ and, tragically, that’s what they did. 

So I thank the ranking member, Mr. Engel, for introducing this 

important legislation aimed at stopping these horrific acts. 

I’d like to comment on the Intercountry Adoption Information 

Act. International adoption is an issue that impacts Americans 

across the country. 

I’ve been honored to help bring many families together and we 

played a role in going to the Congo in order to bring families back 

home here who were stranded there and we thank the members of 

this committee who participated in that. 

This act requires the State Department to report annually on 

countries that have enacted new laws or policies that would impact 

inter-country adoptions and this information, obviously, would have 

been very helpful, for example, when the Congo or when Ethiopia 

both adopted sweeping new laws that put on hold adoptions for 

American families and left the families stuck there. 

So I am glad to support this bill. 

Next, we have H.R. 2259, the Sam Farr and Nick Castle Peace 

Corps Reform Act. We have worked closely with Judge Ted Poe on 

this issue. 

This bill would ensure that Peace Corps volunteers have some 

say in where they are placed, to make sure that those volunteers 

are more aware of risks in the field, and that they have better access to qualified medical personnel when they are in the field. 

It also extends and enhances expiring provisions in the Kate 

Puzey Act to provide services to victims who have been victims of 

sexual assault. 

Our young men and women who volunteer with the Peace Corps 

deserve to have the information and support that they need as they 

represent our country overseas and this bill does that. 

Next, we consider H.R. 3030, the Elie Wiesel Genocide and Atrocities Prevention Act. The U.S. must be a world leader in efforts to 

prevent genocide, in efforts to prevent crimes against humanity, 

and this act improves interagency coordination, it bolsters training 

for our diplomats in the field, and it strengthens congressional 

156

oversight to make programs aimed at preventing global atrocities 

far more effective than they are today. 

Next, we have Chairman Smith’s H.R. 1911. As anti-Semitism is 

on the rise around the world, this bill ensures that the Special 

Envoy to Monitor and Combat Anti-Semitism has direct access to 

the Secretary of State. Elevating this office will help keep our 

promise of ‘‘never again.’’

And finally, we have H.R. 4989, the Protecting Diplomats From 

Surveillance Through Consumer Devices Act. This bill rightly addresses the need for the State Department to develop a clear modern policy regarding the use of devices that may have GPS tracking 

capability—frequently do—and I thank Representative Castro for 

this timely measure, which will ensure that the department’s policies keep pace with evolving technology. Why? Because we need to 

keep our men and women safe overseas. 

And I now recognize the ranking member, Mr. Engel of New 

York, for his remarks. 

Mr. ENGEL. Thank you, Mr. Chairman. Thank you for calling this 

markup, and let me thank our colleagues for all the hard work on 

the measures we are considering this morning. 

I’ll start with the bill I introduced. I want to thank the chairman 

again for bringing it forward today and I am glad we are going to 

address the ongoing tragedy in Burma. 

This crisis has been smoldering for years. The Rohingya in the 

northern part of Burma’s Rakhine State have endured hatred, bigotry, and systematic discrimination. They’ve had their citizenship 

revoked and have been pushed to the margins of society. 

Last August, the fire began to burn out of control with the Burmese military’s violent crackdown on the Rohingya, driving nearly 

700,000 people into Bangladesh, nearly 80 percent women and children, many of whom are now victims of horrific gender-based violence. 

Humanitarian workers expect up to 40,000 births resulting from 

rape in the refugee camps. That is just horrific, it is gut wrenching, 

and shame on us. The United States has slammed the door on refugees when Bangladesh, one of the most densely populated countries 

in the world, has welcomed these people with open arms. 

The administration wants to slash resources for combating gender-based violence. It has cut off funding for the U.N. Population 

Fund, which works in refugees camps to provide access to vital 

services—things so basic as making sure women have a safe place 

to shower. 

So no thanks to us, the U.N. has requested more than $1 billion 

to meet needs just this year, funding which would provide roundthe-clock lifesaving assistance. 

But with the coming rainy season threatening to wipe out the 

rickety infrastructure around these desperate people, there is no 

end to this tragedy in sight. 

So we need to do more to alleviate this crisis. We also need to 

remember this crisis is manmade. It is ethnic cleansing and many 

believe it is genocide. Nothing has been done to hold perpetrators 

accountable. 

The Burmese civilian government has become more closed, not 

more open, since this tragedy, and meanwhile, our administration 

157

seems reticent to hold perpetrators accountable and publicly call 

for justice. 

It’s unacceptable. It’s a betrayal of our values when we see this 

sort of abuse. There must be consequences. 

My bill would dole out these consequences in the form of new 

sanctions against Burmese military and security forces involved. It 

would limit American military engagement with Burma’s military, 

promote civil society, push a political reform, and require a full accounting of what’s taken place. 

I am grateful for the bipartisan collaboration in advancing this 

bill and I ask all members for their support and I thank the chairman for helping to push this bill forward. 

Next, I want to thank Chairman Yoho of the Asia and the Pacific 

Subcommittee and Congressman Lowenthal for bringing forward 

the Cambodia Democracy Act. I want to recognize Mr. Lowenthal, 

who is the lead Democratic co-sponsor of H.R. 5754, the Cambodia 

Democracy Act, who was here. 

He was once a member of this committee and welcome back to 

the Foreign Affairs Committee. Thank you. 

For far too often, we see authoritarian leaders following China’s 

lead, abandoning democracy in pursuit of short-term political gain. 

This bill makes existing sanctions permanent to hold Cambodia’s 

leaders accountable for their crackdowns on democracy and stripping the Cambodian people of their rights. 

I support this bill and I urge all members to do the same. 

Next, I am a proud original co-sponsor of the Special Envoy to 

Combat and Monitor Anti-Semitism Act. Every day, more and more 

alarming anti-Semitic attacks shock the world and yet the Special 

Envoy position is still vacant. 

That’s outrageous. We must have a senior official to push back 

against the intolerance and hatred of anti-Semitism. This bill 

would elevate the position and require the President to put forward 

a nominee no more than 120 days after a vacancy. 

American leadership is needed in the fight against anti-Semitism. The measure has my strong support. History has shown that 

failing to address anti-Semitism can lead to violence and genocide 

as a foreign policy priority to prevent these tragedies. 

So I thank Representatives Wagner and Crowley for authoring 

the Elie Wiesel Genocide and Atrocities Prevention Act, which 

would improve our ability to prevent and respond to genocide and 

other horrific mass atrocities. 

Let’s work on harnessing American capabilities to stop these 

tragedies before they start. I urge my colleagues to join me in supporting this bill. 

Next, let me thank Congressmen Poe and Kennedy for their bill, 

the Sam Farr and Nick Castle Peace Corps Enhancement Act. This 

bill works to improve the health, safety, and security of Peace 

Corps volunteers. 

The Peace Corps represents America’s best values around the 

world. Volunteers dedicate their time to promote people-to-people 

diplomacy and community-based development in far corners of the 

world. 

158

This is one of our most cost-effective efforts and we should do everything we can to take care of these committed young public servants. I very much support this bill. 

I am also glad to support the Intercountry Adoption Information 

Act. Too often we hear heart wrenching stories of American families whose adoption process was halted by a foreign government’s 

change in policy. 

These families are often left in the dark when these changes happen. This bill presents a straightforward fix, requiring the State 

Department to provide this information that affects prospective 

adoptive American families. 

And lastly, I’d like to thank Mr. Castro for introducing the Protecting Diplomats From Surveillance Through Consumer Devices 

Act. 

This bill would help the Department of State prevent our adversaries from tracking American diplomats through their GPS-enabled devices. 

From FitBits and smart watches to phones in cars, most of us 

have at least one tracking device with us at all times. Obviously, 

that can be a security risk. This common sense measure would 

make sure the department takes necessary steps to tackle this 

problem. 

These are all good measures in front of us today. I support them 

all. I thank the chairman for his hard work and I urge all members 

to support them as well. 

I yield back. 

Chairman ROYCE. Thank you, Mr. Engel. 

We go to Ileana Ros-Lehtinen of Florida. 

Ms. ROS-LEHTINEN. Thank you so much, Chairman Royce and 

Ranking Member Engel. I offer my support for all of the bills under 

consideration and will speak briefly in support of three of them. 

I am proud to be a sponsor of my friend, Chris Smith’s, bill, H.R. 

1911, the Special Envoy to Monitor and Combat Anti-Semitism Act 

of 2017. 

This elevates the critical position to the rank of Ambassador. 

This bill has broad bipartisan support including from many members of our committee and from all the co-chairs of our bipartisan 

task force for combating anti-Semitism. 

As a fellow founding member and co-chair of the task force, along 

with Ted Deutch, Chris, and Ranking Member Engel, this is an 

issue that is of utmost importance, given the current climate in Europe and elsewhere toward Jews. 

This vital position has remained vacant since President Trump 

took office and that is woefully inadequate. The United States is 

a leader in fighting anti-Semitism and we condemn all forms of 

this ancient bigotry. 

But sometimes our message falls far short when other countries 

see that our own administration does not view this position as one 

that is important enough to fill. 

We need our Special Envoy front and center working with other 

governments to help them address and fight anti-Semitism. 

At a time when we see vicious attacks against Jews in France 

and other countries in Europe and when Jewish leaders are issuing 

warnings to their communities to not show outward signs of their 

159

religious identity, we need American leadership and American 

pressure to help counter this hatred. 

But we cannot do that when we have individuals working part 

time, unable to devote the requisite amount of time to this issue. 

That is why we need the Special Envoy and that is why we need 

that position filled immediately. 

Not only does it require full time attention but it is vital that we 

have someone at the Ambassador level ranked in that position so 

they have access to the highest level officials in other countries. 

We need to show other nations how serious we are in taking this 

issue head on and, as such, we need to bestow upon that individual 

who will take this role the appropriate rank and title so they can 

cut through the bureaucratic red tape of other nations and have 

the serious conversations that need to be had. 

I am also pleased that my language adding a deadline for the appointment—90 days from the enactment of this act and 120 days 

from when this position becomes vacant—that has been included. 

And as we have seen not just with this administration but previous administrations have allowed this statutorily mandated position to remain open for an extended period of time. 

That is why it’s important that we put a deadline for this appointment. I urge my colleagues to support Chris’ bill. I urge the 

administration to fill this position immediately. 

I also want to offer my strong support to Ambassador Wagner’s 

bill, H.R. 3030, the Elie Wiesel Genocide and Atrocities Prevention 

Act, of which I am proud to be a co-sponsor. 

Ambassador Wagner’s bill takes necessary and overdue steps to 

make preventing genocide and preventing atrocities a priority in 

our foreign policy. 

For too often and in too many places, these acts are met with indifference or neutrality—the kind of neutrality that the bill’s namesake rightly said only encourages more torment and abuses. 

As Holocaust survivor Elie Wiesel once said, whenever men and 

women are persecuted because of their race, religion, or political 

views, that place must at that moment become the center of the 

universe. 

Whenever and wherever these acts are occurring we must work 

together and ensure that the United States is at the forefront with 

the full weight of our foreign policy to prevent them from ever happening again. 

It is a core national security interest, it is our moral responsibility, and I commend always Ambassador Wagner for her work on 

this issue. 

And finally, some words to offer my strong support for Ranking 

Member Engel and Steve Chabot’s H.R. 5819, the BURMA Act of 

2018, of which I am also proud to be a co-sponsor. 

As the former chairman of the Asia and Pacific Subcommittee, 

Steve has been a tireless champion on human rights in Burma. I 

want to commend him and the ranking member for their work on 

this bill. 

The Burmese military ethnic cleansing campaign is a crime 

against humanity, exactly the type of atrocity that Ambassador 

Wagner’s bill is seeking to prevent. 

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Among other provisions, this bill would authorize humanitarian 

assistance for victims of the Burmese military campaign, limit security assistance with security forces, and impose targeted sanctions against those responsible for these serious human rights 

abuses. 

We cannot allow this issue to go on unaddressed. I urge my colleagues to support this bill and all the measures before us today. 

Thank you, Mr. Chairman. 

Chairman ROYCE. Thank you, Ileana. 

Mr. Brad Sherman of California. 

Mr. SHERMAN. Mr. Chairman, thank you for bringing forth outstanding bills. I am pleased to co-sponsor all of them. 

As to the Special Envoy to Monitor and Combat Anti-Semitism 

Act, I commend Mr. Smith and Schneider. This is an important office. It ought to be upgraded to the rank of full Ambassador and 

we need to make sure that the President fills the position. 

I’ve seen this office do outstanding work, particularly during the 

year and a half in which my wife served as the Deputy Special 

Envoy. 

The two bills to deal with Asia and to come through the Asia and 

the Pacific Subcommittee—the Cambodia Democracy Act—I want 

to commend not only Mr. Yoho but also Mr. Lowenthal. He has 

been a constant voice for human rights in Cambodia, and I agree 

with him that Hun Sen’s attacks on democracy need to end and reporters, among other politically imprisoned individuals, need to be 

released. 

As to the BURMA Act, I commend the ranking member and Mr. 

Chabot, and we may have to go beyond this bill. As long as Burma 

refuses to provide citizenship and protection for the Rohingya, we 

have to wonder whether northern Rakhine State should be part of 

Burma or whether its transfer to the sovereignty of Bangladesh 

might be necessary in order to assure that the people who have 

lived there for generations have citizenship and protection. I say 

that knowing that we are loathe to change international borders. 

The Protecting Diplomats from Surveillance Act is an important 

bill as is the Sam Farr Peace Corps Enhancement Act. First it’s 

named for Sam Farr, our California colleague, who served in the 

Peace Corps and then was such an effective advocate for the Peace 

Corps. 

And second, the bill focuses on the need for medical care for 

those serving abroad. My wife served in Togo in the Peace Corps 

and found it necessary to get medical care and it was quite difficult 

and her service was interrupted. 

So the idea of making sure that medical care is available is an 

important addition to the Peace Corps’ government statutes. 

With that, I yield back. 

Chairman ROYCE. Thank you. 

We go to Chris Smith of New Jersey. 

Mr. SMITH. Thank you very much, Mr. Chairman, and thank you 

for posting this important bill, H.R. 1911, to take the Special Envoy 

to Combat and Monitoring Anti-Semitism and create a position of 

Ambassador-at-Large. 

I want to thank Brad Schneider for being the principal Democrat 

co-sponsor. I deeply appreciate that and, of course, as Ileana RosVerDate 0ct 09 2002 11:13 Jun 11, 2018 Jkt 000000 PO 00000 Frm 00164 Fmt 6633 Sfmt 6633 Z:\WORK\_FULL\051718M\30102 SHIRL
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Lehtinen, one of the other sponsors, pointed out, Eliot Engel and 

Ted Deutch, all of us who were part of this coalition trying to stop 

anti-Semitism—a bipartisan one—are all co-sponsors of this bill. 

And all 80 members, 25 members of this committee, and leading 

Jewish organizations and other human rights groups are all for it 

as well. 

Mr. Chairman, my friend and great former Soviet refusenik—and 

I actually went to the camp where he was, Perm Camp 35, in the 

Ural Mountains in the 1980s—he testified at two of my hearings, 

and I’ve had several. 

He said that we need to expand our understanding as to what 

anti-Semitism is. It continues to fester and worsen with regards to 

hatred toward Jews—men, women, and children—simply because 

they are Jewish. 

But he also said much of the criticism directed at Israel is also 

laden with anti-Semitism and said there are three D’s—a 3 D test 

that we need to apply—and that is the three D’s of modern antiSemitism: Demonization of Israel, double standard, and 

delegitimization—in other words, not right to exist. 

I would point out to my colleagues that Rabbi Andy Baker, the 

director for international Jewish affairs for the American Jewish 

Committee and the personal representative for combating antiSemitism for the Organization for Security Cooperation in Europe, 

which I am the co-chair of the U.S. delegation, he has said, ‘‘We 

continue to see physical and even lethal attacks on Jews in Europe, 

efforts to restrict or ban elemental religious practices, and 

emboldened extremist political parties with an anti-Semitic agenda.’’

Even as European governments have come to recognize the dangers facing their Jewish communities, many still have failed to devote the necessary resources to protect them or to be clear-eyed in 

recognizing the sources of the problem. 

According to B’nai B’rith International, unfortunately, we continue to see a dramatic growth of anti-Semitism, particularly in 

Europe and the Islamic world. 

The scourge has reached its highest level since World War II. 

B’nai B’rith International—and then they go on to talk about what 

they are doing. 

They also pointed out in Canada last year was a record-breaking 

year for anti-Semitism in Canada, according to their new audit. 

There is a need for a comprehensive aggressive robust effort by 

the United States. I would point out to my colleagues in 2004 Congress passed and signed into law the Global Anti-Semitism Review 

Act of 2004. I was the prime author of the provisions that created 

both the Office to Monitor and Combat Anti-Semitism in the State 

Department and the position of Special Envoy to Monitor and Combat Anti-Semitism to lead it. 

H.R. 1911, however, would elevate the Special Envoy to Ambassador, and that gravitas makes a difference both within the building and when he or she takes this message throughout the world. 

It would mandate that the Special Envoy serve as the primary 

advisor to the United States Government, including the Secretary 

of State, on monitoring and combating anti-Semitism in foreign 

countries and coordinate efforts across the government. 

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It also would prohibit the Special Envoy from being double 

hatted, something that we faced early on after the 2004 act. Give 

it to somebody else. Expand their portfolio. That dilution of the 

mandate weakens the efforts. 

I would also point out that we have language saying that the 

envoy—and that would be an Ambassador—needs to be nominated 

within 90 days of the enactment of this act because we have had 

unbelievable delays no matter who is President. 

And I would point out Bush took 583 days, Obama 307 days, and 

then when there was a change 227 days after that when the one 

that he originally had in the position left. 

Long delays—nobody leading the ship or being at the helm. I 

would point out, however, that when Special Envoys Greg 

Rickman, Hannah Rosenthal, and Ira Foreman had the job, they 

did a tremendous job and were the eyes and ears and the were the 

voice of our Government in combating this scourge. 

I want to thank everyone for doing this and backing it. We do 

have a great deal of support for it, and the time has come. There 

should be no further delay. 

We do call on President Trump. We did—all of us asked Secretary Tillerson to move in this direction. We are now asking Secretary Pompeo to make this appointment and to do it immediately, 

and then, God willing, this becomes law, we can then work to elevate that Special Envoy to the Ambassador. 

Thank you. 

Chairman ROYCE. Thank you. 

We go to Mr. Gerry Connolly of Virginia. 

Mr. CONNOLLY. Thank you, Mr. Chairman. Just I want to thank 

you for putting all these bills on the agenda today. Glad to sponsor 

as an original co-sponsor or as a co-sponsor of all of them. 

I particularly want to highlight four. The BURMA Act—really 

important that we support the democratic transition while also 

holding accountable those that have engaged in unbelievable violence against part of the population. I think this bill strikes that 

balance. 

The Sam Farr Peace Corps Enhancement Act—I was privileged 

to work with my friend and colleague, Judge Ted Poe, a number 

of years ago in the previous administration in helping Peace Corps 

work through a sexual assault policy. 

This bill adds to that and honors our former colleague, a very 

gentle and wonderful man, Sam Farr. 

The Elie Wiesel Genocide and Atrocities Prevention Act—Elie 

Wiesel was a towering figure of the last century and a survivor of 

the Holocaust who, out of that incredible experience, nonetheless 

understood how to fight persecution while promoting atonement 

and trying reconciliation for warring parties, and it’s fitting that 

we should name this bill after him. 

And finally, the Cambodia Democracy Act—I was privileged a 

number of years ago to work on a project with the National Democratic Institute in Cambodia to help develop the first policy guidelines and legislation government local elections. 

It’s very sad for me to see it sliding back by the Hun Sen government in Cambodia and, hopefully, this legislation will be the buildVerDate 0ct 09 2002 11:13 Jun 11, 2018 Jkt 000000 PO 00000 Frm 00166 Fmt 6633 Sfmt 6633 Z:\WORK\_FULL\051718M\30102 SHIRL
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ing block for a robust U.S. policy and allied policy to stop that slide 

and to return to democratic tradition. 

I thank the chair. 

Chairman ROYCE. Thank you, Mr. Connolly. 

Mr. Steve Chabot of Ohio. 

Mr. CHABOT. Thank you, Mr. Chairman, and thank you for holding this markup today, and I support H.R. 5819, the BURMA Act. 

It’s a bill that we worked with Mr. Engel and the chair, Mr. 

Royce, and other members. I think this is really an important bill 

and it holds the perpetrators of the crimes committed against the 

Rohingya Muslims accountable in a strong and meaningful way. 

The news from Rakhine State in Burma and in the Cox’s Bazar 

in Bangladesh regarding the humanitarian crisis has been nothing 

short of abysmal. 

As former chair of the Asia and Pacific Subcommittee, I’d point 

out that this ongoing crackdown is only the most recent persecution 

of the Rohingya Muslims but it’s certainly the worst. 

The Rohingya fled to neighboring Bangladesh and nearly 700,000 

new refugees are living on only a few thousand acres, and although 

the Rohingya continue to display their grit and resolve, their living 

conditions are horrendous—just unspeakable. 

I believe it’s necessary to point out that we had sanctions in 

place against Burma’s military for years. Throughout Burma’s military rule, we imposed a number of increasingly severe sanctions 

designed to specifically target the military and its leaders and economically isolate them from the rest of the world. 

In large part, these sanctions worked, and the people of Burma 

had free and fair elections that brought Aung San Suu Kyi and the 

NLD to power. 

Unfortunately, the previous administration quickly touted Burma 

as a success story and then, regrettably, almost immediately relaxed restrictions on their military. 

A number of us warned—at the time—that this democratic transformation was not complete and that the former President’s optimism was premature. 

Unfortunately, this concern ultimately came true. There is no 

question that the plight of the Rohingya was caused by the Burmese military officials and their allies. 

Women and children have been reported being raped. They 

watch the murder of their sons and husbands. There are reports 

that the Burmese military has committed truly unspeakable acts 

against civilians including babies and children. 

One thing is clear. This is textbook genocide. It appears to be the 

worst ethnic cleansing of the 21st century. So that is precisely why 

the BURMA Act of 2018 is so fundamentally important. 

Sanctions must be brought against the perpetrators of these 

crimes. We must show the world that these actions will not go 

unpunished. Many provisions in this bill are very important. 

However, I’d like to highlight a particular section and that’s forfeiture of assets and property, and I want to thank my staff and 

my colleagues on this committee and also on the Judiciary Committee and we worked with them and their staff. We want to thank 

them for their cooperation in insisting that this language be included in the bill. It will be crystal clear to the Burmese military 

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officials that are responsible for this senseless violence that one 

way or another they will pay for their crimes. 

Furthermore, it’s my hope that proceeds earned through the forfeiture of property provisions will eventually be used for assistance 

and restitution for the very people the Burmese military have victimized. 

So I would urge my colleagues to support the BURMA Act, and 

then I, with the short time I have left here, I’d like to mention as 

co-chair of Congressional Caucus on Cambodia—and I again want 

to, as others have already recognized, Mr. Lowenthal for his hard 

work in that area. 

We worked together in a bipartisan way to help the people of 

Cambodia in a whole range of ways and so I want to mention the 

Cambodia Democracy Act and commend Chairman Yoho for his 

hard work and leadership on that and also Mr. Lowenthal and everyone who contributed to this legislation for their hard work. 

The Cambodia Democracy Act demonstrates our continued commitment to the Cambodian people by targeting sanctions on Hun 

Sen and his cronies who have systematically worked to eliminate 

Cambodia’s democracy. 

Further, with Cambodia’s election now only a few months away, 

at the end of July, this legislation is very timely and sends a clear 

message that we will not tolerate such lawless actions and I would 

urge my colleagues to support it. 

I yield back. 

Chairman ROYCE. Thank you. 

Mr. Ted Deutch of Florida. 

Mr. DEUTCH. Thank you, Mr. Chairman. 

Chairman Royce, Ranking Member Engel, thanks for bringing 

these bills forward. I am proud to support all of the measures today 

and will speak briefly on just four of them. 

First, I wanted to thank Chairman Yoho for the Cambodia Democracy Act of 2018, and given the ongoing threats in Cambodia 

to free and fair elections this summer, the challenges to a free and 

independent press and the lack of respect for NGOs, I am grateful 

to the leadership of our colleague, Representative Lowenthal, who’s 

here and has introduced this bill with Chairman Yoho for taking 

on a vitally important issue and showing the respect for human 

rights that the people of Cambodia deserve. 

I am also proud do co-sponsor the Elie Wiesel Genocide and 

Atrocities Prevention Act and I would recognize Ambassador Wagner for her work on this bill. 

Out of the darkness of the Holocaust, Elie Wiesel carried the 

‘‘never again’’ banner to prevent genocides or mass atrocities in the 

future. 

With his support, we created the United State Holocaust Memorial Museum—a living memorial to those who perished in the Holocaust and a research and education center to cover mass atrocities 

that may be taking place right in front of our eyes. 

Tragically, even in 2018 these atrocities continue and we don’t 

need to look any further than Burma. Civilians continue to be targeted based on their religion, race, ethnicity, or some other criteria 

that drives people to commit mass murder. 

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If we want to be able to say and mean, ‘‘never again,’’ then we 

need to strengthen our laws and empower the government officials 

to carry it out. 

This bill is a significant step in that direction. It states unambiguously that genocide or mass atrocities occurring in another part 

of the world pose a threat to our national security. 

The methodical and deliberate mass killing of civilians is not 

only egregious and immoral, it is a crime under international law 

and a threat to what we as Americans stand for. 

This bill will also train our Foreign Service officers, often on the 

diplomatic front lines, to identify warning signs and to direct the 

administration to report to Congress and the American people what 

steps it has taken to prevent or stop mass atrocities. I urge my colleagues to support this legislation and improve our Government’s 

response to mass atrocities around the world. 

Next, I’d like to express my support for the BURMA Act. The 

plight of the Rohingya has been painful to watch and I am especially discouraged that it is happening in a country that once appeared to be on the track toward a peaceful civilian-led democracy. 

The Burmese military’s treatment of the Rohingya people and 

the resulting mass exodus into Bangladesh represents a travesty 

on a shocking scale. 

I am very proud to co-sponsor this legislation. I believe it’s important to codify the human rights abuses committed by the Burmese military and security forces while outlining the policy of the 

United States to support Burma’s transition to real democracy. 

The bill’s emphasis on the safe return of the Rohingya to Burma 

and the promotion of freedom of the press are vital and important 

steps. 

Only until all of the people are included as full citizens and are 

allowed to return, acts of ethnic cleansing are ended, and freedom 

of religion and the press are ensured will Burma again resemble 

a nation moving toward real democracy. 

And finally, I’d like to voice my support for the Special Envoy to 

Monitor and Combat Anti-Semitism Act, a bill of which I am an 

original co-sponsor. 

I want to recognize Congressman Chris Smith for leading this 

bill with Chairman Ileana Ros-Lehtinen, my many colleagues, including Ranking Member Engel, Congressman Schneider, Congressman Lowey, Congressman Veasey, Roskam, Weber, and Congressman Bilirakis. 

It’s been well over a year now and the administration has failed 

to nominate a Special Envoy to combat anti-Semitism around the 

world. It’s unacceptable. The position was created in 2004 with bipartisan support by provisions authored by Congressman Smith. 

This is a law that cannot be ignored. The Special Envoy and its 

staff are tasked with monitoring worldwide anti-Semitism, building 

coalitions by working with governments and NGOs, and acting as 

our nation’s leading global advocate for combating anti-Semitism. 

This, in a time when we are seeing more anti-Semitic activity 

rise from the political left and right. We are hearing appalling stories like the Holocaust survivor who was brutally murdered in her 

apartment and our Government cannot be silent in moments like 

these. 

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The United States has historically been a leader in calling out 

anti-Semites and pushing governments to do more to protect their 

Jewish citizens. 

This is not a time to give up that leadership role. We have to address it when this troubling—address this troubling trend with action. 

Jews are often the canary in the coal mine. Hatred of a country’s 

Jewish citizens confirms the presence of hatred in that country and 

everyone in those countries share in its interest in combating this 

and all hatred. 

With this bill, Congress recognizes that this is a problem worldwide, that it is our Government’s obligation to combat anti-Semitism, to defeat this bigotry and defend Jewish communities. 

Filling this position must be a top priority and I urge my colleagues to vote for this bill, and I thank the chairman. 

Chairman ROYCE. Mr. Joe Wilson of South Carolina. 

Mr. WILSON. Thank you, Mr. Chairman. 

I am grateful to Chairman Ed Royce and Ranking Member Eliot 

Engel for holding this markup on critical issues such as protecting 

human rights, enhancing diplomat and Peace Corps volunteers’ security and safety, and improving international adoption procedures, 

all of which I am grateful to co-sponsor. 

I especially want to thank Congresswoman Ann Wagner for introducing the Elie Wiesel Genocide and Atrocities Prevention Act. 

Elie Wiesel, who passed away less than 2 years ago, survived both 

Auschwitz and Buchenwald Nazi concentration camps after having 

lost his family to the camps. 

This legislation contributes to his memory by requiring the U.S. 

Government to train Foreign Service officers to spot warning signs 

of genocide and to provide poor nation information sharing among 

the intelligence community in order to prevent future crimes 

against humanity. 

I also want to thank Congressman Chris Smith for his providing 

the Special Envoy to Monitor and Combat Anti-Semitism Act of 

2017. While the Department of State should be routinely setting 

the instruction and roles of numerous Special Envoys, some Special 

Envoys such as the envoy to monitor and combat anti-Semitism 

will operate best by having Ambassador status with direct access 

to the Secretary of State. 

Sadly, we see anti-Semitism today as there is criticism of the 

U.S. Embassy being located in Jerusalem. 

Lastly, I want to express my gratitude to Ranking Member Eliot 

Engel for introducing the BURMA Act of 2018. This act states for 

the record that the Burmese military is responsible for the murder 

and ethnic cleansing of the Rohingya in Burma and provides for 

sanctions in response to such crimes until Burma becomes more 

transparent. 

Burma should also deliver on its nonproliferation commitments 

by fully disclosing its past and present nuclear activities to international inspectors, which was included by an amendment I provided. 

Today’s markup legislation shows the world that the United 

States cares deeply about the priorities we place on human rights 

and I urge their passage. 

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I now yield the balance of my time to Judge Ted Poe. 

Mr. POE. I thank the gentleman from South Carolina. 

I want to speak specifically on the Sam Farr/Nick Castle Peace 

Corps Act. I want to thank Congressman Joe Kennedy for his bipartisan leadership in this and the Kennedy family and their long 

history of supporting the Peace Corps. 

Mr. Chairman, unfortunately, over the last few years, bad things 

have happened to our Peace Corps volunteers when they go abroad 

and we solved some of those problems with the Kate Puzey Act. 

This is a follow-up to that legislation. 

I want to thank the Health and Justice for Peace Corps volunteers and the National Peace Corps Association for their input and 

information on what is happening to our Peace Corps volunteers. 

This legislation does several things. It requires that we provide 

qualified medical doctors for our Peace Corps volunteers. It increases the time for the Sexual Assault Advisory Council to another 5 years. 

It provides provisions in the protection of sexual assault and harassment as revealed in the Office of Special Counsel report detailing what has happened to our Peace Corps volunteers abroad and 

when our Peace Corps volunteers return to America, some with injuries and serious medical issues, make sure they are taken care 

of and the bureaucratic red tape of the Federal Government gets 

out of the way so they can be treated. 

And I also want to thank the chairman for his leadership in this 

legislation. I ask unanimous consent to provide my entire written 

statement on this bill and these other bills into the record. 

Chairman ROYCE. Mr. David Cicilline of Rhode Island. 

Mr. CICILLINE. Thank you, Mr. Chairman, and thank you to and 

Ranking Member Engel for bringing these bills before the committee for markup. I am a proud co-sponsor of all the bills and 

would like to specifically speak to four. 

First, H.R. 1911, the Special Envoy to Monitor Anti-Semitism Act 

of 2017, which raises the status of the Special Envoy to Ambassador in recognition of the position’s important role and responsibility. 

Earlier this year, I joined the ranking member and several other 

of my colleagues in calling on the President to prioritize the appointment of the Special Envoy to monitor and combat anti-Semitism. 

Unfortunately, we are still awaiting a nomination on this position. Since the position of Special Envoy to monitor and combat 

anti-Semitism was created in 2004, anti-Semitism and anti-Semitic 

attacks throughout the world have become more frequent, violent, 

and deadly. These developments are completely unacceptable. 

In the United States, the number of anti-Semitic incidents rose 

57 percent in 2017—the largest single-year increase on record. 

Internationally state-sponsored Holocaust distortion and denial 

taking place in Europe, particularly in Poland and Ukraine, has coincided with the increasing incidence of anti-Semitic language and 

actions. 

The United States must assume a leadership position by firmly 

standing against anti-Semitism, upholding values that are fair and 

just to all, and the Office of the Special Envoy continues to be a 

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crucial contributor to the development and implementation of policies designed to combat anti-Semitism around the world. 

H.R. 3030, the Elie Wiesel Genocide and Atrocities Prevention 

Act, and H.R. 5819, the BURMA Act, are also incredibly important. 

Elie Wiesel was a Romanian Nobel Prize-winning writer, teacher, 

and activist best known for his memoir ‘‘Night’’ in which he 

hauntingly recounted his experiences surviving the Holocaust. 

In one passage, he described his thoughts about the murders 

going on around him. 

He wrote,

‘‘Never shall I forget that smoke. Never shall I forget the 

little faces of the children whose bodies I saw turn into 

wreaths of smoke beneath the silent blue sky. Never shall 

I forget those flames which consumed my faith forever. 

Never shall I forget the nocturnal silence which deprived 

me for all eternity of the desire to live. Never shall I forget 

those moments which murdered my God and my soul and 

turned my dreams to dust. Never shall I forget these 

things, even if I am condemned to live long as God himself. 

Never.’’

I wish I could say that the events Mr. Wiesel recounted were singular and only a part of our past. Unfortunately, genocides and 

mass atrocities continue to occur. 

I was in Burma last November and visited Myanmar as well as 

Bangladesh and saw firsthand the brutal efforts underway to eradicate the Rohingya population and the most horrifying of unspeakable brutality being caused by the Burmese military against the 

Rohingya population and it is important that the world hear the 

United States strongly condemn this and take action to hold those 

accountable, and I am very proud to be a cosponsor of both H.R. 

3030 and H.R. 5819. 

These bills not only reaffirm our nation’s commitment to prevent 

and mitigate acts of genocide and other human rights atrocities but 

puts actions behind our words. 

By strengthening our nation’s ability to identify, address, and respond to the drivers of these atrocities, we hope to prevent further 

mass atrocities. 

By empowering the President to sanction perpetrators of genocide, we hope to bring accountability and an end to the current situation in Burma and offer these governments the possibility of 

joining the international community and holding perpetrators of 

mass atrocities and genocides accountable, because, like Mr. 

Wiesel, we should never forget. 

And finally, the Cambodian Democracy Act—I am proud to be a 

co-sponsor of this legislation, which also authorizes sanctions 

against individuals found to have undermined democracy in Cambodia or to have committed serious human rights violations associated with undermining democracy. 

I want to acknowledge the leadership of Chairman Yoho and 

Congressman Lowenthal, who’s with us today, who has been a 

champion not only of this legislation but of respect for human 

rights here in the United States and around the world, and we 

thank him for his leadership. 

169

With these bills we affirm U.S. leadership in countering atrocities, supporting democratic development, and supporting human 

rights. I am pleased to support each of these bills being considered 

today and urge their passage, and thank you, Mr. Chairman. 

And I yield back. 

Chairman ROYCE. Thank you, David. 

We go now to Mike McCaul of Texas. 

Mr. MCCAUL. I thank you, Mr. Chairman and Ranking Member, 

for holding today’s markup on these bipartisan measures. 

I’d also like to thank Congressman Castro and his staff for their 

hard work on the Protecting Diplomats from Surveillance Through 

Consumer Devices Act and I am proud to be the lead co-sponsor of 

this bill. 

It’s a simple yet a necessary response to the revelations in January. GPS-enabled electronic devices such as FitBits and Jawbones 

exposed diplomatic and military personnel to security 

vulnerabilities abroad. 

The data from these devices are publicly available, revealing the 

locations of key U.S. Government facilities across the globe and the 

movements of our personnel. 

As such the bill requires the Secretary of State to establish a policy concerning the use of location-tracking consumer devices including GPS at U.S. diplomatic and consular facilities. 

So I’d like to thank the State Department also for taking this 

matter seriously. I think it’s a vulnerability that we need to close 

the gap on to protect our diplomats and our security abroad and 

I look forward to congressional action in protecting them as they 

serve our nation. 

So, Mr. Chairman, with that, thank you for moving these bills 

through the committee and I’ll yield back the balance of my time. 

Chairman ROYCE. Thank you, Mr. McCaul. 

We now go to Lois Frankel of Florida. 

Ms. FRANKEL. Thank you, Mr. Chair, and thank you and the 

ranking member and all my colleagues for that leadership and I 

welcome back Mr. Lowenthal to our committee and sitting here. 

Thank you for your work on the Cambodia Democracy Act. 

I want to—I support all these bills here today. I just want to 

make a comment on two of them. 

The first one, the Special Envoy to Monitor and Combat AntiSemitism Act of 2017, and I think we all know that global antiSemitism is, unfortunately, on the rise. 

Jewish communities face bigotry and violence at levels not seen 

in decades. I want to give an example—Mireille Knoll, an 85-yearold Holocaust survivor living in Paris, loved by friends and neighbors, known for welcoming everyone in her home, in March an 

attacker broke into her apartment, stabbing her 11 times and 

burning her alive. 

The French Government described it as anti-Semitic—yes, you 

would say that. She had escaped the Holocaust only to be brutally 

murdered in her own home just because she was Jewish. 

According to a study, Europe’s largest Jewish communities are 

experiencing a normalization and main streaming of anti-Semitism 

not seen since World War II and yet—and this is—I do not understand this—nearly a year and a half into this administration, a 

170

Special Envoy to monitor and combat anti-Semitism position be responsible for—responsible for developing and implementing policies 

to combat anti-Semitism worldwide, this position remains vacant. 

And I just want to say that I think it’s dangerous and it’s shameful and—because combating anti-Semitism must be a foreign policy 

priority. So this important legislation, it elevates the role of our 

anti-Semitism envoy to that of Ambassador and requires him or 

her to report directly to the Secretary of State. 

I’d also like to draw attention to the BURMA Act of 2018. Last 

fall, we had a hearing in this committee about the Rohingya crisis 

and last week the Democratic Working Women’s Group heard from 

U.N. Refugee Agency’s goodwill ambassador, Kristin Davis, an actress and humanitarian, and I think we have heard this from my 

other colleagues—about more than 700,000 Rohingya refugees have 

been forced to flee Burma by security forces—villages burned, unarmed civilians shot, women and girls assaulted. 

The United States Government has called these actions ethnic 

cleansing and many in the international community believe it’s 

genocide, and that’s why this bill is so important. 

It imposes sanctions on those who have committed acts of violence and limits security assistance to Burma until it’s certified 

that human rights abuses have ended, like the horror of a mother 

who was forced to stand in a river at gunpoint, holding her child 

in her arms as she squeezed her baby tight. 

Soldiers clubbed her in the face, tore her child out of her arms, 

hurled them into a fire, and then dragged her into a house where 

she was gang raped. It’s hard to even say this. 

And just, unbelievably, she’s one of hundreds of thousands of 

Rohingya refugees who are either women or children in refugee 

camps in Bangladesh. 

Fortunately—I want to underline this—the U.N. Population 

Fund is on the ground with midwives and mobile health camps to 

care for survivors of rape and conduct information sessions to stop 

human trafficking. 

And since we all care about this tragedy, I want to point out that 

this administration has cruelly cut off funding to the U.N. Population Fund for the second year in a row, leaving it to the rest of 

the international communities to fill in the gap. 

With monsoon season approaching, floodings and disease outbreaks expected, many of the lives of these refugees who have suffered so much are already going to get harder. 

So, again, I strongly support the adoption of this bill and I urge 

my colleagues to look beyond and recognize that our response to a 

humanitarian crisis will not be sufficient unless we restore the 

funding to the U.N. FPA. I thank my colleagues and I yield back. 

Chairman ROYCE. Thank you. 

We go to Congresswoman Ann Wagner from Missouri. 

Mrs. WAGNER. I thank you, Mr. Chairman. 

I am speaking today in support of the Elie Wiesel Genocide and 

Atrocities Prevention Act, a bill I introduced to improve U.S. efforts 

to prevent mass atrocity crimes. 

The legislation honors the legacy of Nobel Laureate Elie Wiesel 

and his life work to fight evil around the world. Mr. Wiesel was 

171

just 15 years old when the Nazis deported him and his family to 

Auschwitz. 

He was the only member of his family to survive, and having witnessed the near total destruction of his people, he spent his life defending the persecuted. 

As Mr. Wiesel understood so well, the true horror of genocide is 

that it is preventable. We are haunted by repeated failures and 

missed opportunities to end these tragedies before they begin and 

I know everyone in this room agrees that there is more the United 

States can and must do to help vulnerable communities and persecuted people around the world. 

The reality is that good intentions and platitudes like ‘‘never 

again’’ have not prevented the deaths of hundreds of thousands of 

civilians at the hands of the Assad regime nor the ethnic cleansing 

of Rohingya Muslims in Burma. 

It is past time to take a clear-eyed look at our policy and programmatic mechanisms for atrocity prevention and ask ourselves 

what can we do better. 

The U.S. Government has the capacity to effect real change and 

the Elie Wiesel Act expresses Congress’ strong support for better 

utilization of existing resources, particularly the United States 

Atrocities Prevention Board, which is dedicated to coordinating 

U.S. atrocity prevention and response, and the Complex Crisis 

Fund, which supports agile efficient responses to unforeseen crises 

overseas. 

The bill also expresses the Congress’ belief that the Atrocities 

Prevention Board should conduct outreach with civil society groups 

and NGOs to receive assistance for its efforts and provide greater 

public understanding of the work of the board. 

Additionally, we require the administration to evaluate existing 

prevention efforts, report on countries at risk of genocide and mass 

atrocity crimes, and recommend concrete improvements to our 

early warning and response systems. 

The bill also mandates that U.S. Foreign Service officers are 

trained in atrocities recognition and response. Should this bill become law, America’s diplomats will be better equipped to respond 

to conflict and act before violence spirals out of control. 

The Elie Wiesel Act establishes that the official policy of the 

United States is to regard atrocity prevention as a core national security interest and to address root causes of conflict through our 

humanitarian, development, and strategic endeavors. 

Let me be clear. Genocide is preventable and the United States 

is a global leader in genocide and atrocities response. But we must 

ensure that our efforts are better targeted toward prevention so 

that no one ever becomes a victim of violence in the first place. 

H.R. 3030 is an important first step and I thank the committee 

and the many civil society organizations that have come alongside 

us for their strong support of this legislation. 

I yield back. 

Chairman ROYCE. Congresswoman Dina Titus from Nevada. 

Ms. TITUS. Thank you, Mr. Chairman, and thank you and Ranking Member Engel for holding this markup on these important 

bills. 

172

I am a co-sponsor of several of them and I support all the legislation being considered. I also want to extend my thanks to the many 

people aforementioned who worked so hard to bring this legislation 

before us. 

I am proud to co-sponsor H.R. 1911, the Special Envoy to Monitor and Combat Anti-Semitism Act. This elevates and empower 

the position of the Special Envoy so that the United States can continue to lead in combating anti-Semitism globally. 

We see a rise in anti-Semitic incidents, threats, and rhetoric 

around the world these days, and hateful groups and individuals 

are now empowered by being able to connect and coordinate online. 

We must show other countries that the United States takes combating anti-Semitism seriously and this starts with high-profile 

leaders in the administration. 

But it’s not just this Special Envoy position that remains vacant 

at the State Department. Others include the Special Envoy for 

Human Rights of LGBTI Persons and the Special Advisor for International Disability Rights. 

By leaving these important roles vacant, we are relinquishing 

U.S. leadership in fighting violence, hatred, and discrimination 

among other targeted populations. 

So I hope that Secretary Pompeo will make appointing qualified 

people to these important positions a priority early in his tenure. 

I am also a co-sponsor of H.R. 3989, the Protecting Diplomats 

from Surveillance Through Consumer Devices Act, and I thank 

Congressman Castro and McCaul for their quick response to the 

public release of GPS tracking data of U.S. personnel and activities 

abroad. 

Our policies and security must keep up with advances in technology to protect our diplomats, service members, and other personnel serving overseas. 

So I look forward to supporting these bipartisan bills and seeing 

their swift passage on the House floor. 

And I yield back. 

Chairman ROYCE. Thank you. 

We go to Chairman Ted Yoho. 

Mr. YOHO. Thank you, Mr. Chairman, and I’d like to congratulate you and the ranking member for another bipartisan markup. 

I think it’s just a credit to you and what you’ve done. 

And I’d also like to thank you for including the legislation our 

team authored with the help of this committee—the Cambodian 

Democracy Act of 2018 in this markup today. 

I want to thank you, Ranking Member Engel, Mr. Sherman, Mr. 

Chabot, and Mr. Lowenthal for their support as well. This ANS includes language from Mr. Lowenthal’s House Resolution 661. So I 

want to once again thank him for working with us in a bipartisan 

manner. I appreciate it, Alan. 

As you well know, Cambodia is set to hold general elections in 

just 2 months. So the inclusion of this legislation is very timely. 

Following regional elections last year and the 2013 general elections, opposition parties saw unprecedented gains, helping to consolidate the opposition movement. 

Many observers believe that in July’s national election the CNRP 

would have won an unprecedented parliamentary majority. UnforVerDate 0ct 09 2002 11:13 Jun 11, 2018 Jkt 000000 PO 00000 Frm 00176 Fmt 6633 Sfmt 6633 Z:\WORK\_FULL\051718M\30102 SHIRL
173

tunately, Cambodia’s authoritarian leader, Hun Sen, had other 

plans. 

Over the last few years, Hun Sen’s brutal consolidation of power 

played out on numerous fronts. Hun Sen has chilled support for the 

opposition by threatening to deploy the military if elections don’t 

go his way and has used his control of the government to dismantle 

threats to his grip on power. 

Illustrations of such, 2 years ago, the CNRP lawmakers were 

savagely dragged from their cars and beaten by Hun Sen’s bodyguards while the perpetrators served token sentences. They were 

then promoted to colonel barely 2 weeks after being released from 

prison. Such is the reward for crushing the opposition. 

Last September, authorities arrested Kem Sokha, the leader of 

the CNRP, and charged him with treason, allegedly for participating in an American plot to undermine Hun Sen’s regime. 

Cambodia’s Supreme Court followed up on this act by dissolving 

the CNRP, again citing the party’s involvement in an alleged U.S.-

backed plot. 

The regime has also shut down the Office of National Democratic 

Institute, a preeminent NGO that is active in promoting democracies around the world, and forced the closures of independent 

media outlets that challenged its control over information. 

Radio Free Asia, the Voice of America, and other publications 

and radio stations have been shuttered. To shine a light on these 

abuses, late last year we held a hearing entitled ‘‘Cambodia’s Descent’’ in which we heard from experts including Mona Kem, the 

daughter of imprisoned opposition leader, Kem Sokha, on Cambodia’s crackdown on political opposition and civil societies. 

As Mona Kem testified, we must place targeted financial sanctions on Cambodian Government officials identified as undermining 

democracy. This bill does precisely that and is a product of many 

of the recommendations made at that hearing. 

We must send a signal to Hun Sen and his CPP cronies that they 

cannot deny the freedoms that the Cambodian people yearn and 

desire. 

Although Cambodia often does not get the attention it deserves, 

the human rights and democracy in Cambodia have broad implications for the region and the world. 

Cambodia is a member of ASEAN, the premier international 

forum in Southeast Asia, with nine other nations and accounts for 

633 million people and $2.5 trillion in trade. 

Every one of its 10 members must agree in order for the bloc to 

act. So any nation operating outside the bounds of humanity and 

decency will have an outsized effect on the entire group. 

This is such an important issue not just for the Cambodian people but for that whole region and, really, for the rest of the world. 

Again, I thank the chairman and ranking member for considering this measure today and I want to thank my colleagues for 

their support as well. 

I yield back. Thank you. 

Chairman ROYCE. Thank you, Mr. Yoho. We go now to Mr. Brad 

Schneider of Illinois. 

Mr. SCHNEIDER. Thank you, Chairman Royce. 

174

I want to thank the chairman and ranking member for holding 

today’s markup and, in particular, for your leadership in bringing 

this legislation before our committee this morning. 

In particular, I am proud to join Congressman Chris Smith and 

Ranking Member Engel in introducing H.R. 1911, the Special 

Envoy to Monitor and Combat Anti-Semitism Act of 2017. 

This important bill would elevate the Special Envoy to the rank 

of Ambassador and today’s amendment in the nature of a substitute would require the President to nominate someone for this 

position no later than 90 days after the bill’s enactment and no 

more than 120 days after the position is vacated. 

I am extremely concerned and frustrated that after many pleas 

to do so this adminsration has yet to fill the position of Special 

Envoy to Monitor and Combat Anti-Semitism, especially given the 

rise in anti-Semitism across the globe. 

We need to do all we can to support our allies and combat antiSemitism wherever it manifests itself, and I hope the administration sees the value in this position and will fill it soon. 

I am also pleased so support H.R. 3030, the Elie Wiesel Genocide 

and Atrocities Prevention Act, of which I am a co-sponsor. I appreciate the work of my colleagues, Congresswoman Wagner and Congressman Crowley, in sponsoring this bill and the support from 

many stakeholders including the Holocaust Memorial Museum, 

Friends Committee on National Legislation, to name just a few. 

Elie Wiesel taught us that we must never forget the atrocities 

committed during the Holocaust and that we must do everything 

in our power to ensure this type of war never happens again. 

Unfortunately, hatred, persecution, and genocide continue to unfold in many parts of the globe and therefore legislation such as the 

Elie Wiesel Genocide and Atrocities Prevention Act is still necessary. 

This bill affirms the importance of continuing to strengthen our 

Government’s efforts to prevent and respond to atrocities and 

states that it is in our national security interests to prevent genocide and other atrocities. 

The bill also takes important steps to require training for Foreign Service officers who are often at the front lines so they can 

better detect the early warnings signs of potential violence and 

atrocities. 

I also thank the chairman for including my amendment to H.R. 

5626, the Intercountry Adoption Information Act of 2018 to ensure 

we know the date upon which a country implements a policy to 

prevent or prohibit adoptions involving immigration to the United 

States. 

Adopting a child can be a long, but nevertheless life-transforming, process. So we owe it prospective parents to ensure they 

have useful and up-to-date information about foreign country adoption policies. 

Finally, I am pleased to see inclusion of the BURMA Act in today’s markup. The violence of human rights abuses committed by 

the Burmese military and security forces against the ethnic 

Rohingya in Burma’s Rakhine State since August 2017 are truly 

horrific. 

175

Nearly 700,000 Rohingya refugees have fled and are living in 

Bangladesh. I hope this bill draws the attention of the Burmese 

Government and security establishment and that they will stop 

this violence and allow Rohingya refugees to safely return home. 

I, again, thank the chairman and the ranking member for convening today’s markup and with that, I yield back. 

Chairman ROYCE. Thank you. 

We go now to Mr. Tom Garrett of Virginia. 

Mr. GARRETT. Thank you, Mr. Chairman. 

I’d like to begin briefly on 5626, Intercountry Adoption Information Act. I think, Mr. Chairman, that this is an extraordinary piece 

of legislation and that’s highlighted by my personal experience as 

a member in this body wherein I’ve come to know a constituent 

who spent 7 years working to adopt a 6-year-old child—that is, she 

started before the child was born—from a foreign nation only to 

have been wrung through the process such that she’s traveled back 

and forth to the African continent 14 times and spent countless 

tens of thousands, probably more, dollars by virtue of the fact that 

we did not receive information or she did not receive information 

with regard to the change of the nation from which she chose to 

adopt this child as it related to their status as a member of the 

Hague Convention on Adoption. 

So that we could change this one life story of which I know and 

so many others by virtue of this legislation is testimony significant 

and sufficient in my regard—in my estimation to justify this fine 

piece of bipartisan legislation. 

Moving on, the Sam Farr Peace Corps Enhancement Act really 

recognizes the ability of the Peace Corps to do in a very cost effective way what America tends to not do so well for itself. 

That is to say, in a world where we dominate mass and global 

media, if images of American seen by foreign nationals are of violent car chases, drug dealers, and philandering perhaps an opinion 

of the United States might be poor. 

But when your first image of America is of a volunteer who seeks 

to bring clean water to your village, perhaps then your image of 

America will be positive. 

And that, Mr. Chairman, is a step toward creating a world with 

peace and opportunity expanded regardless of race, ethnicity, religion, or geographic location and therefore, too, also a worthwhile 

bill. 

From there I’d move to H.R. 1911 and the promotion of the envoy 

to an Ambassador status as it relates to monitoring and pursuing 

anti-Semitism. 

It strikes me that the worst elements of the BDS movement as 

it relates to Israel and the actions of Israel and the Jewish-based 

nation state that it is rises to that level. 

So many accounts have been put forth by my colleagues on both 

sides of the aisle today of the experiences of Jewish people living 

not only in Israel and across the world but even in nations where 

one would think the lessons of anti-Semitism would be learned like 

Germany, like France, torn from contemporary news sources. 

And so it is time to recognize that indeed in the words of my colleague, Mr. Sherman, and the Jewish community oftentimes is a 

canary in a coal mine, and promotion to Ambassador status of this 

176

position is one that will help us, hopefully, avoid repeating the mistakes of the past. 

Moving to H.R. 3030 and tangentially to H.R. 5819 and 5754, 

and I say tangentially because both of these nations have experienced things that one reasonable observer might well call genocide 

within the last two generations, I think it’s noteworthy not only to 

take a leading role in combating genocide but also to acknowledge 

the prevalence of this horrific practice in the world today. 

All too many people are all too well aware, and some are not, of 

the horrific outcomes of the genocide perpetrated by the Germans 

during the Second World War. 

But also might I point out that in the last 30 years there was 

a genocide in Bosnia with 2.2 million people displaced and up to 

200,000 killed, up to 50,000 rapes. 

In Rwanda, where 1 million people, it is estimated, died in 100 

days. That’s 10,000 human lives per day for 100 days, and 2 million were displaced. 

The genocide and mass displacement in Iraq and Syria where up 

to 6 million displaced individuals seek simply a place to live and 

sleep and raise families safely, where the Christian population of 

the nation of Iraq estimated at 1.5 million in 2004 is today perhaps 

one-sixth of that, where Yazidis and Assyrians and Mandeans have 

been rooted out and entire communities and cultures destroyed by 

ISIS and their ilk, the Rohingya genocide again brought up in the 

BURMA Act, the Cambodian genocide where a Communist utopia 

resulted in one-quarter of the entire population of the country 

being massacred, the Armenian genocide where 1.5 million Christians were killed by the Ottoman Turks because they were a religious minority, and the Kurdish genocides—with an S—that have 

taken place repeatedly throughout history and which we may be on 

the verge of now—if the United States cannot adopt a leading role 

in advocating against this sort of violence, who will? 

If this body will not speak, who will? And so, Mr. Chairman and 

Ranking Member, it is with pride that I have the opportunity to 

support these measures and be a participant in this process because the names of the peoples whose lives we save will never be 

known. 

But, tragically, the result of inaction would be that the names of 

the people who died might never be known as well. 

With that, I’d yield back. 

Chairman ROYCE. Mr. Espaillat of New York. 

Mr. ESPAILLAT. Yes, you got it right. 

Thank you, Mr. Chairman, and of course, I want to thank Ranking Member Engel. Thank you so much for continuing this important bipartisan work of this committee. 

Several of the bills today take a common thread, which to prevent genocides and mass atrocities and to combat patterns that 

may lead to such horrible events. 

We, as leaders in the world community of nations, have a responsibility to do our part in ensuring that these heinous crimes never, 

never happen again. 

That is why I am a proud co-sponsor of the Elie Wiesel Genocide 

and Atrocities Prevention Act. Elie Wiesel was not just defined by 

his experience surviving the Holocaust. 

177

Rather, he used that experience to drive humanitarian work that 

he devoted his whole life to. This bill would require training of Foreign Service officers on recognizing early warnings signs of mass 

atrocities and will further require an annual report to Congress on 

potential threats of mass atrocities. 

I hope that this bill will be a stronger starting point for improving our Government’s responsiveness to man’s atrocities and will 

ensure that we are equipped to mitigate a response to emerging 

crises around the world. 

As we saw in the Anti-Defamation League report, anti-Semitic 

incidents were up 60 percent in 2017. The Special Envoy to Monitor and Combat Anti-Semitism Act is as important as ever. 

This act will bring forward the position of Special Envoy appointed by the President and the Senate, elevating it to the rank 

of Ambassador and directly reporting to the President. 

Obviously, it will ensure that our Government has a stronger coordinated effort to monitor and combat anti-Semitism. 

We all know the horrible history of anti-Semitism and it is incumbent upon all of us to opposed it whenever and wherever we 

see it. 

This rises not only to the level of genocide prevention but also 

to violent attacks we have seen across the world and through just 

everyday language that is used to demean and attack the Jewish 

people. 

We know that small acts of anti-Semitism can lead to further intolerance, and I am proud to support a bill that recognizes the important work we must undertake to combat intolerance of any kind. 

We have seen far too many times occurrences of mass atrocities 

in recent years. The Rohingya people have endured terrible unthinkable violence at the hands of the Burmese military. 

As this bill I just spoke about entails, we must stand up to these 

horrific human rights violations wherever they occur. 

The BURMA Act will sanction and hold accountable the Burmese 

military and security forces responsible for the ethnic cleansing of 

the Rohingya people and further serve to encourage a full democratic transition in this country. 

We must be consistent in our values and our commitment to 

combat genocide and we must work with the people of Burma to 

support national reconciliation and constitutional reforms that ensure that violence of this kind never, never happens again. 

Thank you, Mr. Chairman, and I yield back the remaining part 

of my time. 

Chairman ROYCE. Mr. Dan Donovan of New York. 

Mr. DONOVAN. Thank you, Mr. Chairman. 

Mr. Chairman, I support all the bills here today but especially 

the Elie Wiesel Genocide and Atrocities Prevention Act of 2017 and 

the BURMA Act of 2018, both of which I have co-sponsored. 

It saddens me that we still need bills to combat genocide. We 

must do whatever we can to save lives and end destabilizing conflicts across the globe. 

This committee will continue to work in a bipartisan fashion as 

always to combat these atrocities and with that, Mr. Chairman, I 

yield back the balance of my time. 

Chairman ROYCE. Thank you. 

178

Any other members seeking recognition? 

Hearing no further requests, the question occurs on the items 

considered en bloc. 

All those in favor, say aye. 

All those opposed, no. 

In the opinion of the chair, the ayes have it and the measures 

considered en bloc are agreed to. 

Without objection, each measure in the en bloc is ordered favorably reported as amended as a single amendment in the nature of 

a substitute and staff is directed to make any technical and conforming changes and the chair is authorized to seek House consideration under suspension of the rules. 

So that will conclude our business for today and I want to thank 

Ranking Member Engel and all of the committee members for their 

contributions and assistance with this markup today. 

We stand adjourned. 

[Whereupon, at 11:57 a.m., the committee was adjourned.] 

(179)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE RECORD

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30102n.eps

FULL COMMITTEE MARKUP NOTICE 

COMMITTEE ON FOREIGN AFFAIRS 

U.S. HOUSE OF REPRESENTATIVES 

W ASHTNGTON, DC 20515-6128 

Edward R. Royce (R-CA), Chairman 

May 17,2018 

TO: MEMBERS OF THE COMMITTEE ON FOREIGN AFFAIRS 

You are respectfully requested to attend an OPEN meeting of the Committee on Foreign Affairs to be 

held in Room 2167 of the Rayburn House Office Building (and available live on the Committee website at 

http://www.ForeignAJiairs.house.cmv): 

DATE: Thursday, May 17, 2018 

TIME: 10:30 a.m 

MARKUP OF: H.R. 1911, Special Envoy to Monitor and Combat Anti-Semitism Act of2017; 

H.R. 2259, Sam Farr Peace Corps Enhancement Act; 

H.R. 3030, Elie Wiesel Genocide and Atrocities Prevention Act of2017; 

H.R. 4989, Protecting Diplomats from Surveillance Through Consumer Devices Act; 

H.R. 5626, Intercountry Adoption Information Act of2018; 

H.R. 5754, Cambodia Democracy Act; and 

H.R. 5819, BURMA Act of2018. 

By Direction of the Chairman 
181


30102m-1.eps

COMMITTEE ON FOREIGN AFFAIRS 

MINUTES OF FULL COMY!ITTEE MARKUP 

Day_~Th"'u"''-"'·sd""a'-"v __ Date __ ---"'05"'-'/~1"'7/."'-'2"'01,_,8'--_~Room ___ 2ocl,_,6'-'7---

Starting Time l0:45AM Ending Time _ll:_47A_1Jf __ 

Recesses (___to _ _) L_to __ ) (___to __ ) ( _ _to __ ) ( __ ro __ ) ( __ to_) 

Presiding Member(s) 

Chairman Edward R. Royce 

Owck all of tile ji>llowing that app~v: 

Open Session 0 Executive (closed) Session D Televised 0 Electronically Recorded (taped) 0 

Stenographic Record 0 

BILLS FOR MARKUP: (Include hill number(<) and tit!e(sj oFfegMation.) 

See attached. 

COMMITTEE MEMBERS PRESENT: 

See attached. 

NON-COMMITTEE MEMBERS PRESENT: 

NIA 

STATEMENTS FOR THE RECORD: (Li't any statements suhmittedfor the record) 

Representative Ted Poe 

ACTIONS TAKEN DURING THE MARKUP: (Attach copies of legislation and amendments.) 

See markup summary. 

RECORI:lED VOTES TAKEN (FOR MARKUP): ~4/lachfinai vole tally sheet iisting each member.) 

Not Voting 

TIME SCUEDliU:D TO RECONVENE ___ _ 

or 

TJME ADJOURNED 11:57AJU 
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30102m-2.eps

PRESE?vT 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

HOUSE COMMITTEE ON FOREIGN AFFAIRS 

l·'uu COMMrt'l'k'F MARKUP 

]\.[EMBER PRESENT MEMBER 

Edward R. Royce, CA X Eliot L. EngeL NY 

Christopher H. Smith_ NJ X Brad Shemmn. CA 

Ileana Ros-Lehtinen, FL Gregory W. Meeks. NY 

Dana Rohmbachcr_ CA X Albio Sires. NJ 

Steve Chabot. OH X Gerald E. Connolly, VA 

Joe Wilson. SC X Theodore E. Deutch. FL 

Michael T. McCaul, TX X Karen Bass, CA 

Ted Poe, TX William Keating, MA 

Darrell Issa, CA X David Cicilline. RJ 

Tom Marino, PA Ami Bera. CA 

Mo Brooks_ AL X Lois FrankeL FL 

Paul Cook, CA X Tulsi Gabbard, HI 

Scott Perry. PA X Joaquin Castro, TX 

Ron DeSantis. FL X Robin Kelly. lL 

Mark Meadows, NC Brendan Boyle. P A 

Ted Yoho, FL X Dina Titus_ NV 

Adan1 Kinzinger, lL X Nonna Torres, CA 

Lee Zeldin, NY X Brad Schneider. IL 

Dan Donovan, NY Tom Suozzi_ NY 

James F. Sensenbreuner. Jr., WI X Adriano Espaillat. NY 

Ann Wagner_ MO X Ted Lieu, CA 

Brian J. Mast, FL 

Brian K. Fitzpatrick, PA 

Francis Rooney. FL 

Thomas A. Garrett. Jr.. VA 

John Curtis_ UT 
183

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30102s.eps

5/17/18 Foreign Mfairs Committee Markup Summary 

By unanimous consent, the Chair called up the following measures and amendments, previously 

provided to Members, to be considered en hloc 

1) H.R. 1911 (Smith), Special Envoy to Monitor and Combat Anti-Semitism Act of2017; 

a. Smith 96, an amendment in the nature of a substitute to H.R. 1911. 

2) H.R. 2259 (Poe), Sam Farr Peace Corps Enhancement Act; 

a. Poe 87, an amendment in the nature of a substitute to H.R. 2259. 

3) H.R. 3030 (Wagner), Elie Wiesel Genocide and Atrocities Prevention Act of2017; 

a. Wagner 33, an amendment in the nature of a substitute to H.R. 3030. 

4) H.R. 4989 (Castro), Protecting Diplomats from Surveillance Through Consumer Devices 

Act 

5) HR. 5626 (Collins), Intercountry Adoption Information Act of2018; 

a. Kinzinger 28; and 

b. Schneider 84. 

6) H.R. 5754 (Yoho), Cambodia Democracy Act; 

a Yoho 123, an amendment in the nature of a substitute to H.R. 5754; and 

i. Yoho 125, an amendment to Yoho 123. 

7) H.R. 5819 (Engel). BURMA Act of2018; 

a. Engel98 

b. Wilson 60 

The measures considered en b1oc were agreed to by voice vote. 

By unanimous consent, the measures were ordered favorably reported, as amended, as a single 

amendment in the nature of a substitute to the House, and the Chairman was authorized to seek 

House consideration under suspension of the rules. 

The Committee adjourned. 
184


30102t-1.eps

Statement for the Record 

Submitted by Representative Ted Poe 

I would like to thank Chainnan Royce and Ranking Member Engel for bringing the Sam Farr 

Peace Corps Enhancement Act to markup. Representative Kennedy and I introduced this bill to 

protect our Peace Corps volunteers, our angels abroad. 

This bill builds on and extends protections for volunteers that became law as the result of the 

Kate Puzey Act which I introduced and finally became law in 2011. HR 2259 protects volunteers 

at every stage of their service with the Peace Corps: the onboarding process, their time in 

country, and when they return home. 

Before they make a decision regarding where to serve, many potential volunteers are not fully 

aware of critical information like health risks and crime rates in various countries. This bill 

requires the Peace Corps to provide this information to volunteers upfront so that they can make 

an informed decision regarding where to serve. 

While they are deployed in country, the bill requires that the Peace Corps ensures volunteers 

have access to qualified medical doctors. These doctors must consult with outside experts and 

the Center for Disease Control (CDC) on best practices, particularly on mental health and 

malaria medications that can have serious long-term side effects. We also added important 

provisions on protection from sexual assault and harassment recommended by the Otiice of 

Special Counsel report released earlier this year. 

When volunteers return home from their service with debilitating injuries and illnesses, they 

should not have to spend months dealing with bureaucratic red tape at the Department of Labor 

before receiving care. This bill will ensure they immediately receive the care they need and 

deserve. 

These common sense changes will make a big ditl'erence in ensuring the safety and security of 

our volunteers. But this bill is just a first step in protecting our volunteers. I fought long and hard 

for a provision that unfortunately did not make it into the ANS before us today to increase the 

disability payment provided to disabled returned volunteers so they can make ends meet. 

I hope that this provision will one day become law. However, until then, the improvements in 

this bill are essential and valuable for our angels abroad. 

A crucial provision that did make it in here was the extension of the authorization of the Sexual 

Assault Advisory Council for an additional 5 years. The Council was initially authorized by the 

Kate Puzey Act and serves to advise the Peace Corps on agency wide sexual assault policy. 

Without this important bill, the council's authority would lapse this year. 
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30102t-2.eps

Peace Corps volunteers selflessly sacrifice years of their lives to help people they have never 

even met. Often in some of the most desolate, even dangerous, places of the world. They are the 

face of our country in places where America's shining beacon of hope and liberty may not 

always shine so bright. Their service to our country should not tum into a nightmare that ruins, 

or even ends their lives. 

As a former judge, 1 can tell you that it is our duty to do everything within our power to protect 

our angels abroad. It's time to stand up and take action for our volunteers. They are some of the 

very best we have. Thank you again Chainnan Royce and Ranking Member Engel. I look 

forward to this bill passing through this committee and going to the floor. And that's just the way 

it is.