U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001

73–534PDF 2012

INTERNATIONAL CHILD ABDUCTION PREVENTION

AND RETURN ACT OF 2011; GLOBAL ONLINE

FREEDOM ACT OF 2011; AND INTERNATIONAL

FOOD ASSISTANCE IMPROVEMENT ACT OF 2012

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, 

AND HUMAN RIGHTS

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

ON

H.R. 1940, H.R. 3605 and H.R. 4141

MARCH 27, 2012

Serial No. 112–131

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

ILEANA ROS-LEHTINEN, Florida, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

DANA ROHRABACHER, California 

DONALD A. MANZULLO, Illinois 

EDWARD R. ROYCE, California 

STEVE CHABOT, Ohio 

RON PAUL, Texas 

MIKE PENCE, Indiana 

JOE WILSON, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

GUS M. BILIRAKIS, Florida 

JEAN SCHMIDT, Ohio 

BILL JOHNSON, Ohio 

DAVID RIVERA, Florida 

MIKE KELLY, Pennsylvania 

TIM GRIFFIN, Arkansas 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

ANN MARIE BUERKLE, New York 

RENEE ELLMERS, North Carolina 

ROBERT TURNER, New York 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

BRAD SHERMAN, California 

ELIOT L. ENGEL, New York 

GREGORY W. MEEKS, New York 

RUSS CARNAHAN, Missouri 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

DENNIS CARDOZA, California 

BEN CHANDLER, Kentucky 

BRIAN HIGGINS, New York 

ALLYSON SCHWARTZ, Pennsylvania 

CHRISTOPHER S. MURPHY, Connecticut 

FREDERICA WILSON, Florida 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

YLEEM D.S. POBLETE, Staff Director 

RICHARD J. KESSLER, Democratic Staff Director 

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, AND HUMAN RIGHTS

CHRISTOPHER H. SMITH, New Jersey, Chairman 

JEFF FORTENBERRY, Nebraska 

TOM MARINO, Pennsylvania 

ANN MARIE BUERKLE, New York 

ROBERT TURNER, New York 

KAREN BASS, California 

RUSS CARNAHAN, Missouri 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 1940, To ensure compliance with the 1980 Hague Convention on the 

Civil Aspects of International Child Abduction by countries with which 

the United States enjoys reciprocal obligations, to establish procedures 

for the prompt return of children abducted to other countries, and for 

other purposes ...................................................................................................... 2

Amendment in the nature of a substitute to H.R. 1940 offered by the 

Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey, and chairman, Subcommittee on Africa, Global 

Health, and Human Rights ............................................................................. 91

H.R. 3605, To prevent United States businesses from cooperating with repressive governments in transforming the Internet into a tool of censorship 

and surveillance, to fulfill the responsibility of the United States Government to promote freedom of expression on the Internet, to restore public 

confidence in the integrity of United States businesses, and for other purposes ...................................................................................................................... 52

Amendment in the nature of a substitute to H.R. 3605 offered by the 

Honorable Christopher H. Smith .................................................................... 141

H.R. 4141, To direct the Administrator of the United States Agency for 

International Development to take appropriate actions to improve the nutritional quality, quality control, and cost effectiveness of United States food 

assistance, and for other purposes ...................................................................... 80

Amendment to H.R. 4141 offered by the Honorable Karen Bass, a Representative in Congress from the State of California .................................... 169

APPENDIX 

Markup notice .......................................................................................................... 182

Markup minutes ...................................................................................................... 183

The Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey, and chairman, Subcommittee on Africa, Global 

Health, and Human Rights: Material submitted for the record ...................... 184

(1)

INTERNATIONAL CHILD ABDUCTION PREVENTION AND RETURN ACT OF 2011; GLOBAL 

ONLINE FREEDOM ACT OF 2011; AND INTERNATIONAL FOOD ASSISTANCE IMPROVEMENT ACT OF 2012

TUESDAY, MARCH 27, 2012

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,

AND HUMAN RIGHTS, 

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC. 

The subcommittee met, pursuant to notice, at 2:34 p.m., in room 

2200 Rayburn House Office Building, Hon. Christopher H. Smith 

(chairman of the subcommittee) presiding. 

Mr. SMITH. The subcommittee will come to order, and I want to 

thank each and every one of you for being here. 

Pursuant to notice, the subcommittee meets this afternoon to 

mark up H.R. 1940, now titled the Sean and David Goldman International Child Abduction Prevention and Return Act of 2012; H.R. 

3605, the Global Online Freedom Act of 2012; and H.R. 4141, now 

named the Donald M. Payne International Food Assistance Improvement Act of 2012. 

[The information referred to follows:]

2


73534a-1.eps
3


73534a-2.eps
4


73534a-3.eps
5


73534a-4.eps
6


73534a-5.eps
7


73534a-6.eps
8


73534a-7.eps
9


73534a-8.eps
10


73534a-9.eps
11


73534a-10.eps
12


73534a-11.eps
13


73534a-12.eps
14


73534a-13.eps
15


73534a-14.eps
16


73534a-15.eps
17


73534a-16.eps
18


73534a-17.eps
19


73534a-18.eps
20


73534a-19.eps
21


73534a-20.eps
22


73534a-21.eps
23


73534a-22.eps
24


73534a-23.eps
25


73534a-24.eps
26


73534a-25.eps
27


73534a-26.eps
28


73534a-27.eps
29


73534a-28.eps
30


73534a-29.eps
31


73534a-30.eps
32


73534a-31.eps
33


73534a-32.eps
34


73534a-33.eps
35


73534a-34.eps
36


73534a-35.eps
37


73534a-36.eps
38


73534a-37.eps
39


73534a-38.eps
40


73534a-39.eps
41


73534a-40.eps
42


73534a-41.eps
43


73534a-42.eps
44


73534a-43.eps
45


73534a-44.eps
46


73534a-45.eps
47


73534a-46.eps
48


73534a-47.eps
49


73534a-48.eps
50


73534a-49.eps
51


73534a-50.eps
52


73534b-1.eps
53


73534b-2.eps
54


73534b-3.eps
55


73534b-4.eps
56


73534b-5.eps
57


73534b-6.eps
58


73534b-7.eps
59


73534b-8.eps
60


73534b-9.eps
61


73534b-10.eps
62


73534b-11.eps
63


73534b-12.eps
64


73534b-13.eps
65


73534b-14.eps
66


73534b-15.eps
67


73534b-16.eps
68


73534b-17.eps
69


73534b-18.eps
70


73534b-19.eps
71


73534b-20.eps
72


73534b-21.eps
73


73534b-22.eps
74


73534b-23.eps
75


73534b-24.eps
76


73534b-25.eps
77


73534b-26.eps
78


73534b-27.eps
79


73534b-28.eps
80


73534c-1.eps
81


73534c-2.eps
82


73534c-3.eps
83


73534c-4.eps
84


73534c-5.eps
85


73534c-6.eps
86


73534c-7.eps
87


73534c-8.eps
88


73534c-9.eps
89


73534c-10.eps
90

Mr. SMITH. As our members are aware, these measures enjoy 

strong bipartisan support. They have been the subject of extensive 

hearings, and in the case of the Global Outline Freedom Act, I first 

introduced that legislation back in 2006 after hearings with Google, 

Yahoo!, and others as well as with the administration. 

In like manner, the International Child Abduction Act, now 

named after Sean and David Goldman, was first introduced in 

2009. And in like manner, we had a number of hearings on that 

legislation, vetting language and working on best practices and 

what ought to be included, and that is what is before the members 

today. 

Thus, it is the intent of the Chair to consider these bills en bloc, 

and by unanimous consent include the substitute amendments sent 

to each of you on Friday, and an additional amendment sent to you 

yesterday. All members have copies of those documents before 

them. 

Then after we have concluded our expedited consideration of 

these bills and amendments, I will be glad to recognize first myself, 

then my good friend and colleague, Ranking Member Bass, and 

other members including the vice chair, Mr. Fortenberry, and Mr. 

Turner and others who will then make statements on each of the 

pieces of pending legislation before us. 

All members are given leave to insert written remarks into the 

record should they choose to do so. 

Seeing that a reporting quorum is present, without objection, the 

following measures which the members have before them are considered as read, shall be deemed adopted, and are hereby reported 

favorably to the full Committee on Foreign Affairs: H.R. 1940, the 

Sean and David Goldman International Child Abduction Prevention and Return Act of 2012; the Smith amendment number 64 to 

H.R. 1940, the amendment in the nature of a substitute provided 

to your offices on Friday. 

[The amendment referred to follows:]

91


73534d-1.eps
92


73534d-2.eps
93


73534d-3.eps
94


73534d-4.eps
95


73534d-5.eps
96


73534d-6.eps
97


73534d-7.eps
98


73534d-8.eps
99


73534d-9.eps
100


73534d-10.eps
101


73534d-11.eps
102


73534d-12.eps
103


73534d-13.eps
104


73534d-14.eps
105


73534d-15.eps
106


73534d-16.eps
107


73534d-17.eps
108


73534d-18.eps
109


73534d-19.eps
110


73534d-20.eps
111


73534d-21.eps
112


73534d-22.eps
113


73534d-23.eps
114


73534d-24.eps
115


73534d-25.eps
116


73534d-26.eps
117


73534d-27.eps
118


73534d-28.eps
119


73534d-29.eps
120


73534d-30.eps
121


73534d-31.eps
122


73534d-32.eps
123


73534d-33.eps
124


73534d-34.eps
125


73534d-35.eps
126


73534d-36.eps
127


73534d-37.eps
128


73534d-38.eps
129


73534d-39.eps
130


73534d-40.eps
131


73534d-41.eps
132


73534d-42.eps
133


73534d-43.eps
134


73534d-44.eps
135


73534d-45.eps
136


73534d-46.eps
137


73534d-47.eps
138


73534d-48.eps
139


73534d-49.eps
140

Mr. SMITH. H.R. 3605, the Global Online Freedom Act of 2012, 

the Smith amendment number 69 to H.R. 3605, the amendment in 

the nature of a substitute provided also to your offices on Friday. 

[The amendment referred to follows:]

141


73534e-1.eps
142


73534e-2.eps
143


73534e-3.eps
144


73534e-4.eps
145


73534e-5.eps
146


73534e-6.eps
147


73534e-7.eps
148


73534e-8.eps
149


73534e-9.eps
150


73534e-10.eps
151


73534e-11.eps
152


73534e-12.eps
153


73534e-13.eps
154


73534e-14.eps
155


73534e-15.eps
156


73534e-16.eps
157


73534e-17.eps
158


73534e-18.eps
159


73534e-19.eps
160


73534e-20.eps
161


73534e-21.eps
162


73534e-22.eps
163


73534e-23.eps
164


73534e-24.eps
165


73534e-25.eps
166


73534e-26.eps
167


73534e-27.eps
168


73534e-28.eps
169

Mr. SMITH. And H.R. 4141, the International Food Assistance 

Improvement Act of 2012, and the Bass amendment, number 35 to 

H.R. 4141 which is the amendment sent to your offices on Monday, 

which adds our good friend and now deceased member, Donald 

Payne’s name to the title of that legislation. 

[The amendment referred to follows:]

Mr. SMITH. Hearing no objection, it is so ordered. The amendments and bills are adopted and without objection the staff is directed to make technical and conforming changes. 

I now would like to recognize myself to speak to H.R. 1940, as 

amended. I want to thank my colleagues on the subcommittee for 

supporting this legislation, and for your input as we crafted its various provisions in H.R. 1940, the Sean and David Goldman International Child Abduction and Prevention and Return Act of 2012. 

It was David Goldman’s unrelenting effort to bring his son Sean 

home from Brazil that first alerted me to the epidemic of international parental child abduction in this country. According to the 

U.S. State Department, between 2008 and 2010, bereaved parents 

left behind like David Goldman reported over 3,200 abduction cases 

involving more than 4,700 children. 

I had the privilege of joining David in his fight to return Sean, 

and experienced firsthand the maddening obstacles encountered by 

left-behind parents even in countries that have signed the Hague 

Convention on International Child Abduction. Foreign courts, endless appeals to run out the clock, exploitation of the safeguards in 

the Convention and prejudice against foreigners. 

As David has told this subcommittee in numerous hearings that 

I’ve chaired on the subject, for the 51⁄2 years of that battle, he lived, 

and this is his quote: ‘‘In a world of despondency and desperation 

with a searing pain throughout my entire being.’’ He went on to 

say, ‘‘Everywhere I turned I saw the image of my abducted child.’’

I am pleased to see David Goldman is in the audience today and 

submit this bill in his honor, and in honor of his formerly abducted 

son, Sean. And, frankly, it’s in honor of all of the parents, and 


73534f.eps
170

there are several others in the audience today, and their abducted 

children for whom the Hague Convention has been a long and bitter disappointment. 

My bill, H.R. 1940, as amended, will encourage effective implementation of the Hague Abduction Convention, and create strong 

incentives for compliance and disincentives for non-compliance by 

countries that currently enable abductors and perpetuate child 

abuse through weak Convention implementation. 

H.R. 1940, as amended, is also for the left-behind parents and 

bereaved children who have been taken to countries that are not 

party to the Hague Convention. Parents like Michael Elias, a combat-injured Iraq veteran from New Jersey whose ex-wife used her 

Japanese consulate connections to abduct little Jade and Michael, 

Jr. after the New Jersey court had ordered surrender of passports 

and joint custody. 

Ms. Nakamura flagrantly disregarded those valid court orders 

telling Michael Elias, and I quote her, ‘‘My country, Japan, will 

protect me.’’ Sadly, she was right. Although Japan is reportedly 

prosecuting her for abusing her consulate connections, they will not 

return the children. 

At a hearing last May, Michael Elias told this subcommittee that 

as a father who no longer has his children to hold in his arms, ‘‘I 

cannot deal with the sorrow so I will try my best to stay strong and 

keep fighting for their return. All my hopes and dreams for their 

future now lie in the hands of others.’’ He continued, ‘‘I am begging 

our Government to help not only my family but hundreds of others, 

heartbroken families as well, to demand the return of our American children who are being held in Japan.’’

U.S. Navy Commander Paul Toland, who is here with us with 

some of the left-behind dads from Japan whose children are in 

Japan, also knows firsthand the pain suffered by all of the left-behind parents. His daughter, Erica Toland, was living with Paul and 

his wife in Navy housing in Yokohama, Japan, when Etsuko took 

Erica in 2003 and never returned. Tragically, his wife passed away 

in 2007, and yet Commander Toland has continually been denied 

access to his daughter. 

We have, in the past, had hearings with some of the other leftbehind parents and we will include in this record some of their testimonies, and we’re planning in about a month to 6 weeks’ time yet 

another hearing to hear firsthand from those families and from 

those left-behind parents of the plight that they face, the obstacles 

they encounter with our U.S. Department of State and the Office 

of Children’s Issues in the hope that finally they will get their children home. 

According to the Office of Children’s Issues at the State Department, there are more than 111 American children being held in 

Japan, others say it’s much higher than that, against the will of 

their American parent. More than 40 others are not allowed access 

to their American parent. Japan has yet to issue and enforce any 

court order for the return of a single American child abducted to 

Japan. I look forward to the day, and I believe that day will happen soon, when these kids are brought home. And I do believe H.R. 

1940, as amended, takes us a step closer. 

171

International parental child abduction rips children from their 

homes and lives, takes them to a foreign land and alienates them 

from a left-behind parent who loves them and who they have a 

right to know. Their childhood is disrupted, or sometimes is in hiding, as the taking parent seeks to evade the law, or to conjure illegal cover for their abusive actions. Abducted children often lose 

their relationship with their mom or their dad, half of their identity, and half of their culture. 

They are at risk of serious emotional and psychological problems, 

and may experience anxiety, eating problems, nightmares, mood 

swings, sleep disturbances, aggressive behavior, resentment, guilt, 

and fearfulness. As adults they may struggle with identity issues, 

their own personal relationships, and parenting. 

All of this has been chronicled over and over again, and is one 

of the main reasons why the Hague Convention was adopted back 

in 1980 in the first place. The body of evidence has only exploded 

over the years since. 

Parental child abduction is child abuse. Too many families have 

been waiting too long for the return of their children. Our current 

system with its endless delays and lack of proper accountability 

has failed far too many. It is time for the approach that backs our 

demands for adherence to international obligations with penalties, 

and makes clear to foes and friends alike that our children are our 

top priority. 

The amendment that was just approved by unanimous consent 

will achieve this goal by giving the President important tools to 

motivate other countries to quickly respond to applications for an 

abducted child’s return. For even one case that has been pending 

for over 6 weeks in a foreign country’s judicial system the President may choose to at least issue a private demarche or take more 

serious actions commensurate with the gravity of the case. 

If a country has 10 or more cases of children abducted from the 

U.S., pursuant to this legislation, and those cases are not being resolved in a timely manner, or the entity responsible for working 

with the U.S., the central authority, or the judiciary, or the law enforcement, are persistently failing to fulfill their obligations, the 

President can take measured, effective, and predictable actions to 

aggressively advocate for our children’s return. Such actions range 

from denial of certain assistance to prohibiting the procurement of 

certain goods or services from the government or instrumentality 

responsible for the pattern of non-cooperation. 

Of course, the President is directed to consult with the government concerned and report to Congress when contemplating serious 

actions. The President is also provided with certain waiver authorities that take into account the important national interests of the 

U.S. However, the expectation is that the President will use all 

tools necessary to bring our children home in a timely manner, and 

that the President will have to explain the minority of cases where 

a delineated tool cannot be used. And I will put into the record, 

and it’s in the legislation, all 17 of the prescribed actions that the 

President can take, and they are serious. 

We patterned it after lessons learned from the international—the 

Trafficking Victims Protection Act of 2000 which I authored, and 

the legislation called the International Religious Freedom Act 

172

which I helped get passed. It was authored by my good friend and 

colleague, Frank Wolf, prescribing specific actions to be taken 

against governments that show this non-cooperation, or a pattern 

of non-cooperation. 

I would like to now yield to my friend and colleague, Ms. Bass, 

for comments she might have on the child abduction legislation. 

Ms. BASS. Thank you. Thank you, Mr. Chair. I just have to say 

as this is my first subcommittee hearing as ranking member that 

I can’t not begin by expressing again my sadness for the loss of our 

colleague, Representative Payne, but I am thankful for the opportunity to serve as ranking member, and to serve alongside of you 

and your leadership that you’ve had for so many years on these 

issues. 

It’s fitting that during this first subcommittee meeting after the 

loss of our friend and colleague that we’re going to consider several 

measures aimed at protecting the most vulnerable among us, children, the disenfranchised, and the hungry, whom Representative 

Payne fought to protect throughout his career. 

Representative Payne was a leader on international human 

rights issues, and especially concerned with protecting the rights of 

children and young people. And I, of course, want to commend you, 

Chairman Smith, for your dedication to promoting adherence to the 

Hague Convention on the Civil Aspects of International Child Abduction, for encouraging nations to adopt the Convention, and for 

consistently pursuing justice for our children. 

Last year you convened two subcommittee hearings on international child abduction, and during the first of those hearings we 

all heard the heartbreaking stories of parents whose children were 

abducted to a foreign country. 

David Goldman, who is here today, Mr. Goldman, I have to tell 

you that I watched your story for years on TV, and I never had any 

idea, of course, that I would wind up serving in Congress and having an opportunity to meet you. I just really can’t imagine what it 

was like, what you went through. And I’m very happy that you’re 

reunited with your son, and really want to congratulate you for 

your leadership in helping to bring that about, Mr. Chairman. 

I know the Elias family is represented by the grandmother that 

is here. Thank you for attending today, and also over the time you 

have shared your story with us. 

This legislation that is offered by Chairman Smith would finally 

give proper due diligence to this often neglected crisis by creating 

an Office on International Child Abductions within the State Department, and by expanding the President’s authority to act decisively to bring these children home. 

The community that I represent in Los Angeles has also been impacted by this horrific crime. Several of my constituents have 

reached out to me and told me about their children that have been 

abducted. There’s one family that we’ve been working with for 

quite a while whose child was abducted to Japan, so I appreciate 

you bringing forward this bill and I look forward to continuing to 

support the efforts until all the children are returned home. Thank 

you. 

Mr. SMITH. Ms. Bass, thank you so very much, and welcome to 

the subcommittee. And as both you and I and so many others who 

173

were at Don Payne’s funeral know, it was a huge loss to the Congress, and a great friend especially of those who are suffering the 

ravages of famine and natural disasters on the continent of Africa. 

But welcome to the subcommittee as ranking member, I look forward to working with you. 

I’d like to now yield to the vice chairman of the subcommittee, 

Mr. Fortenberry. 

Mr. FORTENBERRY. Thank you, Mr. Chairman, for your important 

leadership on this and so many other issues. What more important 

function can our Government undertake than to prevent the abduction of American children? 

Thousands of children have been subjected to this abuse. Thousands of children have been treated as international pawns. Think 

of the thousands of children who lie silently in their beds except 

for the crying that can perhaps not be heard by anyone but themselves. 

A child’s pain should know no international boundary, and a 

child’s suffering is enough due to the separation of their family 

unit. So, I want to thank you, Mr. Smith, for your important leadership. 

International child abduction is too common, and past legal and 

diplomatic barriers have been too high for the families who have 

had to suffer through this problem. Establishing the Office of the 

International Child Abductions within the State Department, I’m 

hopeful, may impart a focused and whole of government approach 

to returning abducted children to the United States and preventing 

more families from the heartbreak and difficulties that this has 

caused. Thank you for your leadership. 

Mr. SMITH. Thank you very much. The Chair recognizes the 

former U.S. Attorney from Pennsylvania, Mr. Marino. 

Mr. MARINO. Thank you, Chairman. As a prosecutor for 18 years 

I’ve had the unfortunate task of dealing with issues that are such 

heartbreaking issues as child abduction from a domestic perspective and from an international perspective. And I can only thank 

the chairman for holding this hearing, putting this legislation together, that will really put some teeth into the laws that The 

Hague should have implemented a long time ago. So, the chairman 

and, of course, the parents out here and the parents that aren’t 

here, and the children that have been abducted have my total support, and that is a commitment. Thank you. 

Mr. SMITH. Thank you very much. The Chair recognizes Mr. 

Turner from New York. 

Mr. TURNER. Thank you, Mr. Chair. I was reminded of something 

in another life. I ran an entertainment company, a woman named 

Cathy Mahone came in to sell her television rights which ultimately was a TV movie called ‘‘Rescue My Child.’’ And her 8-year 

old daughter was abducted following a divorce, and falsely sent to 

Jordan. And failing to get any satisfaction from the State Department or through the courts, she took some extralegal methods and 

hired what were called consultants at the time, ex-military people, 

who literally went in and re-kidnaped the child and got her out. 

This extralegal method has pretty much closed down. The principals of the company were a little tired of going to jail and getting 

shot at and all the other things that they had to endure over the 

174

years. I’m hoping what we’ve done today will be a legal step that 

will facilitate this, and I applaud you for it. Thank you. 

Mr. SMITH. Mr. Turner, thank you so very much. The Chair recognizes a woman who happens to be both a lawyer and a nurse, 

and has been, like the other members of this subcommittee, tenacious in combating human rights, Ms. Ann Marie Buerkle. 

Ms. BUERKLE. Thank you, Mr. Chairman, and I just want to echo 

my colleagues’ thoughts to you. Thank you for your leadership on 

this extremely important issue. 

We sat through, several months ago, a hearing about child abduction and listened to the anguished testimony of parents who 

had lost their children, so this piece of legislation will, as my colleague said, put teeth into what the Hague Convention should be 

doing. 

It’s the right thing to do. As a mother of six children, I can only 

imagine the pain that you’ve all felt by having your child abducted, 

so we are so pleased to be able to work with you to get this passed. 

Thank you so much. 

Mr. SMITH. I want to thank my good friends and colleagues. I 

just want to note before we move on to the Global Online Freedom 

Act, unless my colleagues have anything further to say, and you 

mentioned this, Mr. Turner, the importance of the media, television 

and print, all media, but to bring the message forward to sensitize 

and mobilize people. I would be remiss if I didn’t note that Dateline 

did a tremendous public service for David and every other left-behind parent, and Meredith Vieira is here, and Benita Noel. Benita 

was the producer and was with David throughout that process. 

Meredith carried frequently, almost every day in some cases, vital 

information as to what was happening in real time, and what a difference that made. And then got it all together for various Dateline 

specials. And not only did it help David Goldman and Sean get reunited, and Sean repatriated to the U.S. with his dad, but I do believe it has helped all the other left-behind parents. 

And this is still a festering sore when it comes to issues. The 

pain that these men and women suffer is beyond words to describe, 

and yet they continually push hard. Thank you for amplifying their 

concerns in such a magnificent way. 

Any further comments on that legislation? If not, I now will move 

to the consideration of the debate on H.R. 3605, the Global Online 

Freedom Act. 

In December, I introduced H.R. 3605 which was an updating of 

the Global Online Freedom Act that I first introduced, as I mentioned earlier, back in 2006. The response to the growing global use 

of the Internet as a tool of censorship and surveillance as a means 

of capturing, apprehending the best and the brightest in dictatorship countries all over the world, including especially in China. 

Members might recall back in 2006 we had our first hearing on 

this issue in this subcommittee, and I swore in all of the leaders 

from Google, Yahoo!, Cisco, and Microsoft, and the answers that 

they gave at that time were very unavailing. They didn’t want to 

tell us what they were doing in places like China, but we persisted, 

we wrote legislation, the Global Online Freedom Act, and today we 

have a refined, and I think, an even more effective draft of legislaVerDate 0ct 09 2002 10:14 May 04, 2012 Jkt 000000 PO 00000 Frm 00178 Fmt 6633 Sfmt 6633 Y:\WORK\AGH\032712M\73534 HFA PsN: SHIRL
175

tion that moves to the committee to try to combat this misuse of 

the Internet. 

The threat to human rights is very serious. Reporters Without 

Borders just released its Internet enemies list, the names of the 

countries that violate their citizens’ online freedoms. The reports 

tell us that China, Vietnam, and Iran are the world’s biggest prisons for netizens. Other countries are not lagging far behind. 

For example, the Government of Pakistan recently announced a 

public bid for companies to help them build their own version of 

China’s Great Firewall. The public outcry caused the government 

to withdraw the bid but I’m skeptical that plans for the firewall are 

actually scrapped. Likely this procurement has simply been moved 

behind the scenes and out of public scrutiny. 

Sadly, it’s through the assistance of Western companies and technologies that this—and this includes American companies and technology, that governments like Iran, China, and Syria, and many 

others are transforming the Internet into a weapon of mass surveillance. 

Just as we jealously guard our media freedoms and our personal 

freedoms, and would be horrified if American companies sold newspaper censorship services abroad, we also need to ensure that our 

companies and our capital markets are not censoring the Internet 

abroad. The Internet holds great promise, but also because it can 

be censored and surveilled, the potential of great peril. 

The Global Online Freedom Act is designed to help ensure that 

U.S. companies are not complicit in repression of human rights. We 

need to move now to ensure that fundamental freedoms are protected. First, the Global Online Freedom Act requires the State Department to beef up its reporting on Internet freedom in the annual Country Reports for Human Rights Practices, and to identify 

by name what we call Internet restricting countries. 

This country designation will be useful not only in a diplomatic 

context in helping to advance Internet freedom through naming 

and shaming countries, but will also provide U.S. technology companies with the information they need to make good business decisions in difficult foreign markets. 

Second, the bill requires Internet companies listed on the U.S. 

stock exchanges to disclose to the Securities and Exchange Commission how they conduct their human rights due diligence, including with regards to the collection and sharing of personally identifiable information with repressive countries, and the steps they take 

to notify users when they remove content or block access to content. 

This provision of the bill will help democratic activists and 

human rights offenders to hold Internet companies accountable by 

creating a new transparency standard for Internet companies. And 

while we certainly want to hold U.S. companies accountable, this 

provision will also require foreign Internet service companies that 

are listed here in the United States, including big name Chinese 

companies such as Baidu, Sohu, and Sina to report this information, as well. 

And, finally, in response to the numerous reports we’ve all seen 

in the papers recently on U.S. technology being used to track down 

or conduct surveillance of activists through the Internet or mobile 

176

devices, this bill will prohibit the export of hardware or software 

that could be used for surveillance, tracking, and blocking, and the 

like, to the governments of Internet restricting countries. 

Current export control laws do not take into account the human 

rights impact of these exports and, therefore, do not create any incentive for U.S. companies to evaluate their role in assisting repressive regimes. 

This section will not only help stop the sale of these items to repressive governments, but will create an important foreign policy 

stance for the United States that will help insure that dissidents 

abroad know that we are on their side and that U.S. businesses are 

not profiting from this repression. 

The export control law is long overdue. Right now the State Department spends millions of dollars to develop and deploy circumvention tools and other technologies to help dissidents get information and to communicate safely. Truly, it is absurd for us to 

allow U.S. companies to export blocking and surveillance technologies to these countries only to have the State Department then 

spend money to help dissidents get around those same technologies. 

What we do here in the United States is critically important to 

achieving our goals, and I believe that this legislation will send a 

strong message to companies that they have a unique role to play 

in preserving online freedom, and that we send an even stronger 

message to repressive governments that the Internet should not become a tool of repression. I yield to the ranking member, Ms. Bass. 

Ms. BASS. Thank you, Mr. Chairman. 

Free speech has long been a hallmark of a healthy democracy 

and a free society. For over 2 billion people worldwide, the Internet 

and new communication technologies have become unprecedented 

tools for expanding their ability to speak and receive information, 

participate in political and democratic processes, and share knowledge and ideas. 

For over a year now we have witnessed what has been dubbed 

the Arab Spring. In countries throughout the Arab world via the 

Internet and social networking, citizens have communicated, organized, and raised awareness of their plights under repressive regimes. Sites such as Facebook and Twitter have played a major 

role in these uprisings. 

Whatever you may think about the outcome of those movements, 

one thing is clear; the long suspected power of the Internet to bring 

about political change has been confirmed, and that is very positive. The prevalence of these uprisings has caused governments to 

enact stricter policies against political dissent and further restrict 

access to information and online networking tools. 

As Representative Payne repeated in our hearing on this topic 

last December, former President Clinton once said that, ‘‘Trying to 

control the Internet would be like trying to nail Jello to the wall.’’ 

Unfortunately, there are regimes around the world that are attempting to do just that, and some with relative success. 

Yet determined to share their stories, protestors and bloggers living in these countries are still finding ways to access the Internet 

because of the technologies made available by companies like 

Google, Yahoo!, Facebook, Twitter, and others. For example, in 

177

Syria where there is extremely limited freedom of the press and 

unconscionable repression, activists are using an iPhone application to disseminate news and online information about their protest 

against Assad. 

The bill also requires U.S. listed Internet communication providers to report on their human rights due diligence with regard 

to foreign policies on Internet privacy and repression. 

While I support the overall goal of the bill, I hope that we can 

continue to refine the language at the full committee such it does 

not adversely impact U.S. companies that are providing a tremendous service to many people across the globe who have no other 

way to see beyond their borders, shed light on their plights, and 

mobilize their communities for change. But as the chairman pointed out, as a perfect example of a U.S. company that would export 

technology that would block access and then we provide funding so 

that they can go around it is exactly the type of abuse that we 

want to get at. 

So, that said, I commend you, Chairman Smith, for your leadership on this issue. 

Mr. SMITH. Vice Chairman Fortenberry. 

Mr. FORTENBERRY. Thank you, Mr. Chairman. 

American leadership and innovation was responsible for the remarkable technological breakthrough known as the Internet which 

spurred the advent of globalization and this unprecedented industrial revolution of our new century. It has become a way of life 

since then. 

Globalization, of course, carries marvelous potential for progress 

to benefit mankind, but it also involves unprecedented risk and 

challenges, including the challenge of applying fundamental principles to the use of new, and vibrant, and transformative technologies. 

U.S. companies operating around the world are routinely required to abide by local laws of the countries in which they operate 

just as foreign countries are required to abide by U.S. law. 

Mr. Chairman, I recall the hearing which you held on this topic 

in the 109th Congress, and at that time the fundamental question 

we addressed there still applies today; whether U.S. companies 

have an obligation to comport themselves in a manner consistent 

with the United States Constitution and the Bill of Rights when 

local laws overseas conflict with the basic foundational principles 

upon which our laws are based. 

The Global Online Freedom Act seeks to integrate these 

foundational human rights principles into the complexities of our 

participation in the vast global technology marketplace. So, I urge 

my colleagues and thank you, as well, Mr. Chairman, to continue 

to support this thoughtfully developed measure. And, again, thank 

you for your tireless efforts in this regard. 

Mr. SMITH. Mr. Fortenberry, thank you very much for your comments and for your leadership, as well. 

I’d just like to point out that the Global Online Freedom Act has 

had a broad, broad amount of support. This morning we received—

we just received a letter of support from Yahoo!, Freedom House, 

Amnesty International, and I know T. Kumar is here, and thank 

you for your support, as well as helping us to put it together, 

178

Human Rights Watch, Access, and a group letter signed by 13 leading human rights organizations all in support of the Global Online 

Freedom Act. Without objection, those letters will be made a part 

of the record. 

We now move for debate purposes to the third bill, H.R. 4141, 

as amended, the newly named Donald M. Payne, and thank you, 

Ms. Bass, for naming it so out of deep respect for our deceased colleague, the Donald M. Payne International Food Assistance Improvement Act of 2012. 

This bill was originally introduced—and still it’s his bill—by Mr. 

Payne before he passed away on March 6th. The bill is based on 

important recommendations that had been made by the Government Accountability Office in a report that they issued in May 

2011 on ‘‘Better Nutrition and Quality Control Can Further Improve U.S. Food Aid,’’ as well as other studies on the same subject 

funded by the U.S. Agency for International Development. 

As the GAO pointed out in its report, the U.S. spent approximately $1.5 billion on emergency food aid in Fiscal Year 2010 assisting nearly 46.5 million women, men, and children. In fact, the 

U.S. is the world’s largest donor of international food assistance 

providing more than half of global food aid supplies. It’s imperative 

that this assistance not only satisfy people’s hunger, but that it 

meets their fundamental nutritional needs, as well. 

The statistics of the prevalence and impact of under-nutrition are 

absolutely staggering. It is reported that 3.5 million children 

around the world die each year as a direct result of under-nutrition. Others who suffer from malnutrition are often debilitated for 

the rest of their lives. Children who do not receive adequate nutrition during the first 1,000 days of life, beginning with conception 

through their second birthday, suffer from stunted physical and 

cognitive development. They have increased risks of illness, not 

only in early life but also later as adults from such conditions as 

diabetes, cardiovascular diseases, and cancers. 

Mothers who are under-nourished are more often likely to have 

low birth weight babies leading to a multi-generational cycle of 

under-nutrition, and even disability. 

Mr. Payne’s H.R. 4141, which the subcommittee has just adopted, directs the Administrator of USAID to use currently available 

funds to improve the nutritional quality of U.S. food assistance, 

particularly for vulnerable groups such as pregnant and lactating 

mothers, children under the age of 5, and beneficiaries of the U.S. 

HIV/AIDS programming or PEPFAR. 

Possible measures that may be taken include the adoption of new 

specifications for micronutrient fortified food aid products, 

strengthening assessment of the quality of food donations, and improving guidance to implementing partners on how to address nutrient deficiencies in certain age recipients. 

H.R. 4141, as amended, will also include nutrition science experts in the Food Aid Consultative Group created by the Food for 

Peace Act. The bill calls on the administrator to work within this 

group to improve quality control and cost effectiveness of food assistance programs through increased coordination and oversight. 

179

Finally, the USAID Administrator would need to ensure that 

food assistance programs carried out under the Food for Peace Act 

contribute to any U.S. global food security strategy. 

Again, I want to thank Ms. Bass for offering the amendment to 

add Mr. Payne’s name to this bill, which is truly a remarkable way 

to honor this wonderful man. Ms. Bass? 

Ms. BASS. Thank you, Mr. Chairman, and thank you for accepting the amendment and including this, because we really wanted 

to honor Representative Payne, and we thought this was a great 

way to do it, to change the name of the bill. 

Malnutrition, as you mentioned, is the number one risk to health 

globally accounting for the deaths of 3.5 million children under 5 

years old, and impairing hundreds of thousands of growing minds. 

This has profound consequences not only for the child’s future, but 

also for the long-term health and development of families, communities, and societies. 

The human and economic costs of malnutrition are enormous. 

Women, children, and the poor are, of course, the most hit. For 

over 55 years, the United States has been a world leader in international food aid delivering lifesaving calories to the most vulnerable of populations, often in conflict zones. However, while our efforts are great, the ongoing food crisis in the Horn of Africa is just 

one example of how the challenge is growing. 

As revealed in recent reports, by the Government Accountability 

Office and Tufts University, there are a number of ways in which 

our food aid initiatives can and must be improved including increased nutritional quality, greater oversight and quality controls, 

and an enhanced value chain. This bill incorporates these recommendations and ensures that our food aid programs are smart, 

effective, and efficient. 

The bill directs USAID to work with USDA and the Food Aid 

Consultative Group to adopt new specifications for food aid products, work to strengthen systems to better assess the types and 

quality of agricultural commodities and products, adjust products 

to cost-effectively meet nutritional needs, develop new program 

guidance to better target recipients, and provide improved guidance 

to implementing partners on how to adequately address nutritional 

deficiencies. It also would ensure that the food aid programs are integrated into our global food security strategy. 

H.R. 4141 is a wonderful example of Congressman Payne’s lifelong commitment to addressing the needs of the under-served, fostering innovation in humanitarian assistance, and advancing 

America’s leadership across the globe. Thank you. 

Mr. SMITH. Ms. Bass, thank you very much, and I look forward 

to working with you as the new Ranking Member. 

Ms. BASS. Absolutely. 

Mr. SMITH. And I would like to thank for the record all the members for their constructive help in crafting these bills as we take 

them to the full committee, and then on to the floor, and down to 

the President’s desk. 

Without objection the markup is adjourned. 

[Whereupon, at 3:14:06 p.m., the subcommittee was adjourned.] 

(181)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

182

f


73534n.eps
183

f


73534m.eps
184

THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM

THE STATE OF NEW JERSEY, AND CHAIRMAN, SUBCOMMITTEE ON AFRICA, GLOBAL

HEALTH, AND HUMAN RIGHTS: MATERIAL SUBMITTED FOR THE RECORD


73534g-1.eps
185


73534g-2.eps
186


73534g-3.eps
187


73534h-1.eps
188


73534h-2.eps
189


73534h-3.eps
190


73534h-4.eps
191


73534h-5.eps
192


73534h-6.eps
193


73534i-1.eps
194


73534i-2.eps
195


73534i-3.eps
196


73534i-4.eps
197


73534j-1.eps
198


73534j-2.eps
199


73534j-3.eps
200


73534k-1.eps
201


73534k-2.eps
202


73534l-1.eps
203


73534l-2.eps
204


73534l-3.eps
205


73534l-4.eps
206


73534l-5.eps
207


73534l-6.eps
208


73534l-7.eps
209


73534l-8.eps
210


73534l-9.eps
211

Æ


73534l-10.eps