[House Hearing, 114 Congress]
[From the U.S. Government Publishing Office]
VARIOUS MEASURES
=======================================================================
MARKUP
BEFORE THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTEENTH CONGRESS
SECOND SESSION
ON
H. Res. 374, H. Res. 650, H. Con. Res. 129,
S. 1252 and S. 284
__________
MAY 18, 2016
__________
Serial No. 114-181
__________
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COMMITTEE ON FOREIGN AFFAIRS
EDWARD R. ROYCE, California, Chairman
CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York
ILEANA ROS-LEHTINEN, Florida BRAD SHERMAN, California
DANA ROHRABACHER, California GREGORY W. MEEKS, New York
STEVE CHABOT, Ohio ALBIO SIRES, New Jersey
JOE WILSON, South Carolina GERALD E. CONNOLLY, Virginia
MICHAEL T. McCAUL, Texas THEODORE E. DEUTCH, Florida
TED POE, Texas BRIAN HIGGINS, New York
MATT SALMON, Arizona KAREN BASS, California
DARRELL E. ISSA, California WILLIAM KEATING, Massachusetts
TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island
JEFF DUNCAN, South Carolina ALAN GRAYSON, Florida
MO BROOKS, Alabama AMI BERA, California
PAUL COOK, California ALAN S. LOWENTHAL, California
RANDY K. WEBER SR., Texas GRACE MENG, New York
SCOTT PERRY, Pennsylvania LOIS FRANKEL, Florida
RON DeSANTIS, Florida TULSI GABBARD, Hawaii
MARK MEADOWS, North Carolina JOAQUIN CASTRO, Texas
TED S. YOHO, Florida ROBIN L. KELLY, Illinois
CURT CLAWSON, Florida BRENDAN F. BOYLE, Pennsylvania
SCOTT DesJARLAIS, Tennessee
REID J. RIBBLE, Wisconsin
DAVID A. TROTT, Michigan
LEE M. ZELDIN, New York
DANIEL DONOVAN, New York
Amy Porter, Chief of Staff Thomas Sheehy, Staff Director
Jason Steinbaum, Democratic Staff Director
C O N T E N T S
----------
Page
MARKUP ON
H. Res. 374, Recognizing the 50th anniversary of Singaporean
independence and reaffirming Singapore's close partnership with
the United States.............................................. 2
Amendment in the nature of a substitute to H. Res. 374 offered
by the Honorable Eliot L. Engel, a Representative in Congress
from the State of New York................................... 6
H. Res. 650, Providing for the safety and security of the Iranian
dissidents living in Camp Liberty/Hurriya in Iraq and awaiting
resettlement by the United Nations High Commissioner for
Refugees, and permitting use of their own assets to assist in
their resettlement............................................. 11
Amendment to H. Res. 650 offered by the Honorable Eliot L.
Engel........................................................ 17
H. Con. Res. 129, Expressing support for the goal of ensuring
that all Holocaust victims live with dignity, comfort, and
security in their remaining years, and urging the Federal
Republic of Germany to reaffirm its commitment to this goal
through a financial commitment to comprehensively address the
unique health and welfare needs of vulnerable Holocaust
victims, including home care and other medically prescribed
needs.......................................................... 18
Amendment to H. Con. Res. 129 offered by the Honorable Ileana
Ros-Lehtinen, a Representative in Congress from the State of
Florida...................................................... 23
S. 1252, A bill to authorize a comprehensive strategic approach
for United States foreign assistance to developing countries to
reduce global poverty and hunger, achieve food and nutrition
security, promote inclusive, sustainable, agricultural-led
economic growth, improve nutritional outcomes, especially for
women and children, build resilience among vulnerable
populations, and for other purposes............................ 24
S. 284, A bill to impose sanctions with respect to foreign
persons responsible for gross violations of internationally
recognized human rights, and for other purposes................ 61
Amendment to S. 284 offered by the Honorable Edward R. Royce, a
Representative in Congress from the State of California, and
chairman, Committee on Foreign Affairs, and the Honorable
Eliot L. Engel............................................... 74
Amendment to S. 284 offered by the Honorable Dana Rohrabacher, a
Representative in Congress from the State of California........ 80
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD
APPENDIX
Markup notice.................................................... 88
Markup minutes................................................... 89
Markup summary................................................... 91
The Honorable Dana Rohrabacher: Material submitted for the record 92
The Honorable David Cicilline, a Representative in Congress from
the State of Rhode Island: Material submitted for the record... 96
VARIOUS MEASURES
----------
WEDNESDAY, MAY 18, 2016
House of Representatives,
Committee on Foreign Affairs,
Washington, DC.
The committee met, pursuant to notice, at 10:06 a.m., in
room 2172, Rayburn House Office Building, Hon. Edward Royce
(chairman of the committee) presiding.
Chairman Royce. This committee will come to order.
Pursuant to notice, we meet today to mark up several
bipartisan measures. So, without objection, all members may
have 5 days to submit statements or extraneous material into
the record.
All members were notified yesterday that we intend to
consider our first four measures en bloc. And so, without
objection, the following items previously provided to members
will be considered en bloc and they are considered as read.
We have House Resolution 374, regarding the partnership
between Singapore and the United States, and the Engel 78, an
amendment in the nature of a substitute. We have House
Resolution 650, regarding the safety and security of Iranian
dissidents living in Camp Liberty in Iraq, and the Engel
amendment 80 to House Resolution 650. We have House Concurrent
Resolution 129, regarding the dignity, comfort, and security of
surviving Holocaust victims, and the Ros-Lehtinen amendment 45
to House Concurrent Resolution 129. And then we have the Senate
bill 1252, the Senate-passed Global Food Security Act.
[The information referred to follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Chairman Royce. And after recognizing myself and the
ranking member, I will be pleased to recognize any members
seeking recognition to speak once on any of these measures.
So let me start by thanking the committee's chairman
emeritus, Congresswoman Ros-Lehtinen, and Congressman Deutch
for their work on House Concurrent Resolution 129. Now, this is
the bill expressing support for Holocaust victims. We have had
tens of thousands of victims, unfortunately, of the Holocaust
who have come to be found to be living in poverty, living in
poverty today, and many of those victims have unique health and
assistance needs.
Now, Germany has supported a number of aid programs
throughout the years in acknowledgment of its moral obligation
to help these victims. In fact, the German Government engages
with members of the Claims Conference annually to evaluate
their programs and identify any unmet needs. This year, gaps in
home care, in mental health programs, and long-term medical
care were all identified. Yet, despite a commitment to provide
this assistance, negotiations on a path forward have slowed.
So time is of the essence, of course, as these Holocaust
victims suffer while these talks are now stalled. This
resolution rightly calls for these talks to be accelerated and
for an assistance plan that ensures transparency and
accountability to guarantee funds are helping the most
vulnerable go forward.
After that measure, we are going to consider House
Resolution 374, reaffirming Singapore's strategic partnership
with the United States. Singapore has long been a very
dependable friend and partner for us. We have a deep defense
and trade relationship with Singapore. Today we are reaffirming
the importance of this partnership to securing peace and
stability in the Asia Pacific for several reasons, and one of
these is because we appreciate Singapore's enforcement of
sanctions on North Korea, as evidenced by a Singapore-
registered shipping firm which was found guilty in January of
transferring money that could have contributed to North Korea's
nuclear-related program.
The prosecution of this firm by Singapore sends a very
strong signal that Singapore is taking its international
obligations very seriously, and we are appreciative of that.
And I also want to thank Ranking Member Engel and the chair
of our Asia Subcommittee, Matt Salmon, for their helpful input
on the text we are considering today.
I also want to thank Mr. Poe for his leadership in
introducing a very necessary measure, House Resolution 650,
regarding the security of Iranian dissidents living in Camp
Liberty in Iraq.
Camp Liberty is a former U.S. military base outside of
Baghdad that is now home to more than 2,000 Iranian refugees
who are members of opposition to the regime in Tehran. This
past October, 23 residents were killed in a rocket attack on
that camp. We have been receiving information that the Iranian
regime and their proxies in Iraq are preparing for an imminent
attack against the camp's residents.
The frustration with this committee is that time after time
after time we have had the Iranian regime go forward with
attacks on these individuals without this being blocked by the
government in Iraq. And in the meantime, that is why Mr. Poe's
resolution calls on the administration and calls on the Iraqi
Government to work to provide camp residents with the
protections they need and to ensure they are expeditiously
resettled outside of Iraq in such safe havens as Albania and
other countries that have agreed to work with those who have
opposed the regime in Iran to make certain that they are safe.
I would hope that all of our members would support this
resolution.
I am also happy today that the committee is restoring
regular order and exercising its fundamental responsibility to
authorize before appropriating by considering S. 1252, the
Global Food Security Act of 2015. Specifically, the bill
authorizes, for the first time in 30 years, International
Disaster Assistance. This is the essential humanitarian account
that provides refugees with tents and sheeting, to water and
medicine.
But it also authorizes, for the first time, the Emergency
Food Security Program, the flexible, efficient, and effective
food aid program that helps refugees when and where they need
it most so they won't be forced to seek refuge in Europe or
beyond, and it advances policies that will improve food
security and better enable people to grow their own way out of
poverty so they will no longer have to depend upon U.S. foreign
assistance, and it does all this without increasing spending.
Indeed, this bill, which had much input on the Senate side
from both Republicans and Democrats, passed unanimously in the
Senate. This committee has held numerous hearings on food
security. The bill before us today, which passed the Senate, as
I say, with unanimous support, reflects more than 3 years of
careful deliberation and inclusive discussions and amendments.
So I want to thank Mr. Smith for his leadership on this
important legislation and urge members to help get it to the
President's desk without further delay.
I now recognize the ranking member for his remarks.
Mr. Engel. Thank you, Mr. Chairman, for convening this
markup and for bringing these bipartisan measures forward. I am
happy to support them all. I am grateful to all of our members
on both sides of the aisle for their hard work.
I will speak first about the four measures we are taking up
en bloc. I will start with House Resolution 374, which
recognizes a half century of independence for our close friend,
Singapore.
Last year, Singapore celebrated the 50th anniversary of its
independence, and this year the United States and Singapore
mark 50 years of our bilateral relationship. In that time,
Singapore has become an important partner for the United States
in the Asia-Pacific region. Over the years, we have seen our
economic and security ties grow stronger and stronger.
In the years ahead, as American foreign policy focuses more
and more on Asia, we know there will be additional
opportunities to work together with our partner Singapore on
issues from countering violent extremism to addressing climate
change, where Singapore as an island nation has been a strong
leader, to pushing for peaceful and rules-based resolution to
contentious issues like the South China Sea.
This resolution underscores the important friendship
between our countries, and I am happy to support it.
We are also considering House Resolution 650, calling for
the safety and security of the Iranian dissidents living in
Camp Liberty in Iraq. I want to thank Mr. Poe and Mr. Higgins
for working on this measure, which I am proud to cosponsor.
I want to welcome our friends wearing their yellow jackets
to this committee today. And believe me, we are very concerned
about Camp Liberty and we are making everyone know that we are
keeping a watchful eye to make sure that those people are
protected.
The residents of Camp Liberty deserve to live in dignity
and without fear of violence. Last October's rocket attacks on
the unarmed residents of Camp Liberty by a Shia militia with
ties to Iran killed 24 people. It is the height of cowardice.
We are still waiting for the perpetrators of this attack to be
brought to justice.
I would also note that my amendment to this resolution
highlights Albania's commitments to resettling Camp Liberty
residents. They have resettled 1,000 already and are
recommitted to settling 2,000 more. I have worked closely with
the Albanian Government in all the years I have been in
Congress. This shows a tremendous generosity of spirit and
commitment to care for the most vulnerable on the part of the
people of Albania. This resolution sends a message that we
stand with the men, women, and children in Camp Liberty and
want to see quick and meaningful action to bring them relief.
I will turn now to House Concurrent Resolution 129, which
calls for Germany and for all of us to redouble our efforts to
care for those who were victims of humanity's darkest chapter,
the Holocaust. As a spokesman for Germany's Chancellor Angela
Merkel recently said, ``All Germans know the history of the
murderous race mania of the Nazis that led to the break with
civilization that was the Holocaust. We know that
responsibility for this crime against humanity is German, and
very much our own.''
Part of that responsibility, of course, is to generously
assist those survivors who endured this evil firsthand. In a
spirit of goodwill and friendship, this measure calls on
Germany's leaders to do whatever it takes to properly care for
this generation, which is getting older and dying, and I am
glad to support it.
Lastly, I am glad to support Senate bill 1252, the Senate's
version of the Global Food Security Act, and I was pleased that
the House passed our version a few weeks ago. It is simply
unconscionable that nearly 800 million people around the world
would live without knowing how they will get their next meal.
Half of all the deaths of children under 5 years old are tied
to malnutrition.
The United States has a responsibility to help meet this
challenge, both by helping people feed themselves and by taking
a hard look at the root causes behind poverty, hunger, and
instability. This bill prioritizes foreign assistance programs
aimed at reducing global poverty and hunger. It also authorizes
a strong investment in the administration's signature effort
Feed the Future, as well as other State Department and USAID
initiatives. These efforts deserve our continued support, and I
am glad we are moving ahead with this bill.
So thank you again, Mr. Chairman, thanks to all our
members, again, on both sides of the aisle, and I yield back.
Chairman Royce. Thank you, Mr. Engel.
Our chairman emeritus, Ileana Ros-Lehtinen.
Ms. Ros-Lehtinen. Thank you so much, Mr. Chairman and
Ranking Member. I want to thank my good friend and south
Florida colleague, Congressman Ted Deutch, for our work
together in crafting H. Con. Res. 129 in support of Holocaust
survivors.
The United States is home to nearly one-quarter of all
survivors, and approximately 15,000 live in south Florida. We
both have many constituents who are survivors, and as their
Representatives in Congress, we have an obligation to ensure
that we are doing everything in our power on their behalf. But
many are also close and personal friends, and as their friend,
I also have an obligation to be their voice and express their
frustration and concerns.
Since the 1950s, Germany has recognized that it has a moral
obligation to Holocaust survivors and their heirs, and to
Germany's credit, it has attempted to ensure survivors' needs
are met and it has attempted to resolve some of the lingering
injustices.
However, even by Germany's own admission, its efforts to
date have been inadequate at addressing the medical, mental
health, and home care needs of many of the world's survivors.
Nearly half of all survivors live at or below the poverty line.
This is not only shameful, it is inexcusable.
These survivors have lived through the unimaginable. The
pain and suffering they have endured has left physical and
mental scars that cannot be healed and horrifying memories that
can never be forgotten. These experiences mean their medical,
mental health, and home care needs are more complex than other
elderly individuals. And that is why this resolution is so
important, and that is why we are urging Germany to act
expeditiously to honor its commitment and fulfill its moral
obligations to all survivors.
These individuals have very little time. The system
currently in place is full of red tape, riddled with layer upon
layer of bureaucracy. The Claims Conference itself is known to
have come under increased scrutiny for the many cases of fraud
and abuse. And the proof that this process isn't working is
that nearly half of all survivors, as I said, still live in
poverty, and that under the current system many died long
before their time as a result. Survivors deserve better than
that. They deserve to live out their days in dignity and
comfort. The right thing to do is for Germany to provide for
all the survivors' needs directly and to do so transparently
and efficiently with the urgency that circumstances demand.
I hope that all of my colleagues will join us in urging the
German Government to do more, to do the right thing, to honor
its obligations and commitments with the urgency demanded by
justice and decency. I sincerely believe Chancellor Merkel's
heartfelt expression of concern about Germany's responsibility
to survivors and leadership on moral issues will finally
resolve this longstanding tragedy for survivors.
And, Mr. Chairman, I would also like to briefly say some
words of praise and support for Judge Poe's resolution, House
Resolution 650, that calls for the safety and security for the
residents of Camp Liberty in Iraq. It is no secret that the
Iraqi Government completely failed to protect these individuals
in Camp Liberty, not living up to its commitments made in the
December 2011 Memorandum of Understanding.
Camp Liberty has never been given adequate protection. And
now, with the Iran nuclear deal and Iran getting more money to
carry out its illicit activities, I fear that Liberty will be
an even easier and larger target for the regime than before.
Albania has stepped up and offered these residents a
respite from the terror. So for that, I thank Albania for its
courage and compassion. However, I remain concerned that the
United Nations isn't placing the urgency required to move these
residents to Albania. There should be at least weekly charters
for Liberty residents to Albania. There is simply no
justification for anything less.
I will continue to press our administration and other
governments to do whatever we can to help the Liberty residents
as soon as possible, and I will continue to support all of
these Liberty residents until every last one of them is free
from the threat of attack. I support Judge Poe's resolution and
I commend him for his leadership on this issue.
Thank you, Mr. Chairman and Ranking Member.
Chairman Royce. Thank you.
We now go to Mr. Brad Sherman of California.
Mr. Sherman. Thank you, Mr. Chairman, for bringing these
bills up. I have cosponsored the three House bills and support
all bills. I join with the chair and the chair emeritus and
especially the ranking member in their remarks in favor of
these bills.
I want to speak briefly about H. Res. 650, a resolution
that calls for providing safety and security to the Iranian
dissidents living in Camp Liberty. The MEK, also known as the
People's Mujahedin Organization of Iran, is an Iranian exile
opposition group that was opposed to the Shah's dictatorial
regime and is opposed to the current regime. The MEK has played
a critical role in revealing information about Iran's illegal
nuclear program.
There is a tendency to look at anything in the world
through the lens of political controversies in the United
States, but I think, regardless of whether the Iran deal is the
best way or not the best way to deal with Iran's nuclear
program, we all owe a debt of gratitude to the MEK for bringing
this information to the world and causing the United States and
the world to focus on the problem.
Approximately 3,000 MEK members residing in Camp Ashraf
were transferred to Camp Liberty in 2012. The MEK members were
protected by the U.S. military until we transferred authority
to Iraq in 2009. Since then, the United Nations High
Commissioner for Refugees, which has recognized the MEK as
persons of concern and in need of international protection, has
worked to resettle MEK members to various countries, including
and especially Albania. Albania has already taken approximately
1,000 MEK members and has committed to resettling an additional
2,000, and I commend the ranking member for his amendment that
recognizes the important contribution Albania has made and has
offered to make in the future.
The Iraqis promised to provide security protection to the
MEK members in Iraq after the U.S. transferred authority to the
Iraqi Government. However, to date, they have not provided the
necessary protection. We have a complicated relationship with
the government in Baghdad. It is under siege, it relies on
American support, and it should be called upon very strongly by
the United States to meet its minimum human rights obligations
to protect Camp Liberty. In 2015, an Iraqi Shiite militia
launched rockets against Camp Liberty, killed 24 people,
injured dozens, and of course the Iraqi Government did nothing.
This resolution, and I commend Judge Poe for bringing it
forward, details the history of violence against Camp Liberty
residents, including the most recent attack in 2015. The
resolution also calls on the Iraqi Government to improve
security at Camp Liberty. In addition, H. Res. 650 calls on the
U.S. Government to do a better job of pushing Iraq to uphold
its promises and urges the U.S. Government to work with Albania
and the U.N. High Commissioner for Refugees in the resettlement
process.
I strongly support this resolution and the other bills that
are part of the en bloc. And I yield back.
Chairman Royce. Thank you.
We now go to Mr. Dana Rohrabacher of California.
Mr. Rohrabacher. It has been a black mark on our country on
many occasions when we did not stick by the people who stuck by
us. And I have an amendment to the bill that will be coming to
the floor, or is on the floor today, talking about Dr. Afridi
and how we have allowed him to lay and sit in a dungeon in
Pakistan while we still give foreign aid and military equipment
to the people who have incarcerated him. And these people, of
course, are putting in jail and persecuting a man who helped us
bring to justice the murderer of 3,000 Americans on 9/11.
Well, what we have here today is a chance to make something
right or to try to take a step in the right direction, reclaim
some of our honor as a country. Those residents of Camp Liberty
are part of an organization that have long opposed the mullah
dictatorship in Iran. The reason they were in that camp and the
reason that they had left Iran was because they opposed an
enemy of the United States. The mullahs have made no beans
about it, they believe the United States is the great Satan and
are willing do to things and have done things that have caused
the loss of life of Americans and have put our people in
jeopardy. Yet, here again, we have let down the people who are
putting their lives on the line for us and we have just let
them drift.
I think it is time we reclaim our honor, and I support this
resolution, H. Res. 650. And if this does not work, let's just
commit ourselves to saying the people of Camp Liberty put
themselves on the line for us, they risked their lives for us,
they are now in great danger, one way or the other we will move
to save them. And if need be, we need to bring these people to
the United States and let them be free from the threat of the
mullahs who also threaten our own people.
So this is the time for us to express solidarity with those
brave souls who have expressed solidarity with the people of
the United States in a desperate and a very dangerous
situation.
I yield back.
Chairman Royce. Thank you, Mr. Rohrabacher.
We now go to Mr. Ted Deutch of Florida.
Mr. Deutch. Thank you. Thank you, Chairman Royce and
Ranking Member Engel, for holding today's markup and for
advancing these important legislative efforts.
I would like to speak about H. Con. Res. 129, which calls
upon Germany to fully fund the needs of aging Holocaust
survivors. I would like to start by thanking my friend,
Chairman Emeritus Ros-Lehtinen, for partnering with me in this
effort and for her longstanding commitment to championing the
needs of Holocaust survivors.
I also want to acknowledge the efforts of so many of our
constituents, Ms. Ros-Lehtinen's and my own, who have on their
own come to Washington over the years to talk about the
difficulties that they and so many other face. In particular,
Jack Rubin, a constituent and friend who has testified in this
body before, deserves thanks for his tireless advocacy on
behalf of survivors.
One of the great privileges I have serving in Congress is
representing a large number of Holocaust survivors, and earlier
this month I attended a Yom HaShoah, a Holocaust Remembrance
Day ceremony in my district. I have been attending the
ceremonies for more than a decade and every year there are more
and more empty seats. A constituent of mine recently told me
that it feels like every day he gets a call to attend another
funeral of a survivor.
In short, the survivor population is aging and their needs
are increasing. Unfortunately for the roughly 100,000 survivors
living in the United States, tens of thousands of them live in
poverty. They cannot afford and thus do not receive sufficient
medical care, home care, and other vital life-sustaining
services.
Today, we have a chance to ensure that this population,
these survivors who made it through the darkest time in
history, can live out their lives with the dignity they so
deserve.
For decades, the German Government has remained committed
to funding survivor needs through annual negotiations and
appropriations, and we appreciate this ongoing commitment. I
know that this is an issue that Chancellor Merkel cares deeply
about as she has personally reaffirmed that commitment to me.
Unfortunately, despite the payments of the German
Government throughout the years, significant gaps in survivor
care remain, and German officials have acknowledged this
shortfall. The shortfall is the most dramatic when it comes to
home care. For survivors, the need to stay in their homes as
they age is critical. As they approach their late 80s and 90s
and beyond, they rely more on home care services.
Under the current system home care is capped so that even
the most infirm, isolated, and poor Nazi victims can receive
only a maximum of 25 hours of home care. This amounts to 5
hours a day, 5 days a week.
In addition, current funding is inadequate to provide for
additional hours. Take, for example, a constituent of mine who
is 91 years old and survived Bergen-Belsen. He fell last month
and suffered a fracture, followed by rehabilitation. He likely
needs a bone procedure on his back due to the recent fall and
he has suffered from other debilitating circumstances in the
past that have limited his mobility ever since.
He requires assistance with all activities of daily living.
He and his wife share a total of 48 hours a week home care. But
as a result of the recent circumstances and his overall medical
history, he needs round-the-clock care, and it is, frankly,
unconscionable that he does not receive it and that his hours
are limited.
Now, many of those who survived also lack family support to
help them with their daily needs. They need transportation to
doctor's appointments or help preparing meals. They deserve to
be able to access the most basic care. They deserve to be able
to meet their mental and medical health needs.
Now, thankfully--thankfully--we have the opportunity right
now to alleviate the suffering of Holocaust survivors. There
are negotiations ongoing right now with the German Government.
And this is possibly the last opportunity for Germany to
reaffirm its commitment to comprehensively address the unique
health and welfare needs of vulnerable Holocaust victims by
increasing funding for survivor care so that every survivor can
have his or her needs met.
Now, no amount of money can ever erase the horrors faced by
Nazi victims, but there is a moral responsibility to ensure
that they can receive the vital services and the medical care
to live out the remainder of their days with dignity and in
comfort.
Mr. Chairman, the resolution before us today urges the
German Government to fulfill its moral and financial commitment
to the victims of the Holocaust. It puts Congress on record
declaring that the time to act is now and we will fight and
watch until this is done. No more limitations on home care
hours. Fund the needs, all of them. Complete the negotiations.
The time for meaningful action is now. And I urge my colleagues
to support this resolution.
Thank you, Mr. Chairman. I yield back.
Chairman Royce. Thank you, Mr. Deutch.
Congressman Joe Wilson from South Carolina.
Mr. Wilson. Thank you, Mr. Chairman. I am grateful that
once again, with your leadership and the ranking member, this
committee is considering multiple pieces of bipartisan
legislation.
House Concurrent Resolution 129, sponsored by Chairman
Emeritus Ros-Lehtinen, is particularly important to ensuring
that victims of the Holocaust are able to live comfortable and
happy lives. This legislation also urges the Federal Republic
of Germany to ensure adequate resources to address the unique
medical needs that these individuals face due to their horrific
experiences during the Second World War. The United States must
never forget the tragedy of the Holocaust and do all that we
can to ensure that the rest of the world does not either.
Next, I am grateful that the Senate version of the Global
Food Security Act of 2016 continues to address this critically
important issue, increasing accountability and congressional
oversight of foreign assistance meant to address food shortages
abroad. One of the great challenges that developing nations
have and face is the health and well-being of their citizens.
It is particularly encouraging to see Congress acting to help
our friends and allies abroad.
Today, the committee is also taking important steps, with
the leadership of our chairman, in recognizing the cooperation
between the United States and Singapore; protecting Iranian
dissidents, with the leadership of Judge Ted Poe; and imposing
sanctions against human rights abusers. I applaud the great
work behind this legislation and urge their passage. And I
yield back my time.
Chairman Royce. Mr. Brendan Boyle of Pennsylvania.
Mr. Boyle. I thank the chairman and ranking member for
taking up today's measures. I would like to speak on one of
them in particular, H. Con. Res. 129, introduced by
Subcommittee Chairwoman Ros-Lehtinen and Ranking Member Deutch.
I thank both of them for introducing this legislation and I am
proud to cosponsor it as it has an important impact for my
district of Philadelphia and Montgomery County, PA, which has a
significant population of Holocaust survivors, a number of whom
are personal friends.
This resolution urges Germany to provide increased
assistance for the most critical needs of Holocaust survivors.
While I appreciate Germany's financial and moral commitment to
Holocaust survivors thus far, even German officials admit that
current gaps in assistance exist today.
Constituents of mine, a married couple age 86 and 93 who
are Holocaust survivors, reside in a two-story row house with
stair glides provided by the Jewish Family and Children Service
of Philadelphia through the Claims Conference. Their two
children reside out of State. The husband has been having
significant physical and cognitive decline over the past few
years. His attending needs are great, but they are not medical
at this time. He should be able to remain safely in his home
with enough support.
His wife is unable to attend to most of his needs due to
her own aging issues. The greatest issue for her husband is
that he is a fall risk due to strength and ambulation issues.
He is also suffering from wartime nightmares and wakes up
through the night and needs to be calmed down. His wife cannot
do this as she must get sleep, lack of sleep greatly affecting
her own health.
So if JFCS of Philadelphia was able to provide more hours
of home care for them both, they would have an aide take care
of both of their needs. Her needs are suffering as a result of
her taking care of his needs.
The Holocaust survivor population is aging. They are now in
their 80s and 90s. It is important to acknowledge that an
estimated 100,000 Holocaust survivors live in the United States
and--and I think this is the most galling statistic--nearly
half of all Holocaust survivors live below the poverty line.
Let's make sure these brave survivors live out their lives in
dignity. And I yield back.
Chairman Royce. Judge Ted Poe of Texas.
Mr. Poe. I thank the chairman, and I would like to discuss
a matter that we have discussed a lot since 2009, and that is
the folks, the good folks in, first, Camp Ashraf, and then Camp
Liberty, who, while they have been in these camps, bad things
have happened to them.
Every time we meet, it seems that there have been more
assaults, more murders, more rocket attacks against these folks
who have lived in these two areas. Many of them are here today.
Their families are in Camp Liberty. Some of their families have
been killed since 2009. And I admire their perseverance.
But there are about 2,000 members of the Iranian opposition
movement MEK. Once again, they are unarmed and they live in
Camp Liberty, Iraq. They live there because they have been
forced out of Iran, a country that tolerates no political
opposition, and if they were to be returned to Iran they would
be killed.
The mullahs in Iran fear and hate the MEK. MEK basically
just wants freedom in Iran, free elections. But it turns out
that the long arms of the mullahs in Tehran reach out to Iraq,
where these folks have been for a long time. Last October,
residents came under intense rocket attacks in Iraq. Twenty-
four people were killed, dozens of others were injured, and the
IRGC claimed the assault and warned that more would follow.
These kinds of attacks--there have been seven, if I can
remember correctly, on the people in the MEK that live in
Iraq--have claimed the lives of 140 people. Not one person has
been held accountable for these murders. Not one person has
been arrested or gone to jail for these murders that occurred
in these camps. Thirteen hundred others have been injured and
seven have been kidnapped. The residents live in constant fear
of another attack. Their only crime is opposing the tyrants in
Iran.
H. Res. 650 condemns these attacks. I want to thank the
ranking member for his amendment that makes this resolution
even better. But the resolution condemns the attacks and urges
the Iraqi Government to bring those responsible to justice.
Those in the Iraqi Government who claim links to the IRGC
should not be put in charge of the camp. Several years ago,
Chairman Rohrabacher and myself went to Iraq and we wanted to
see Camp Ashraf, and the Government of Iraq was so irate that
we wanted to visit what was happening in the camp before they
were moved to Liberty that Chairman Rohrabacher and myself were
told to leave Iraq. We were evicted, kicked out of the country.
That is how much support the Iraqi Government gives to the
mullahs in Iran about the camps. Of course, we didn't leave. We
stayed anyway and did what we wanted to do. But that shows you
the Government of Iraq's position on that, because we just
merely wanted to see for ourselves the living conditions of
these, I think, very patriotic people.
So Iraq is not a safe place for those residents. They
should be resettled to a third country. As Iran's influence
continues to grow in the region, we must show our strong
support for these dissidents. They want freedom for their
fellow countrymen, but for the last 30 years that pursuit has
cost them and they have had to flee the country they love and
lose many of their family members. We should do all we can to
urge their protection.
It is important that the Government of Iraq allow the
residents to sell the property at Camp Liberty and Camp Ashraf.
It is their property. It does not belong to the Government of
Iraq. And once again, I want to thank Ranking Member Engel for
his amendment that makes this clear. As it stands now, the
Iraqi Government is only allowing the residents to take the
clothes that they are wearing on their back. They can't even
take their laptop computers. This is their property. It doesn't
belong to Iraq. And the folks that leave Camp Liberty and go
other places should be allowed to take their personal property
whatever country that they go to. This is only right. Justice
demands this. So I thank the chairman and the ranking member
for their support of this legislation, this resolution, and I
hope that we don't have to meet again and there are more
casualties in Liberty because we have not helped get these good
folks resettled to another country.
I yield back. Thanks for the remaining time.
Chairman Royce. Well, thank you for your eloquence on this
issue, Mr. Poe, but also thank you for introducing it.
Are there any other members seeking time?
Mr. Chabot of Ohio.
Mr. Chabot. Thank you, Mr. Chairman. I will be brief. And I
am supportive of H. Res. 650 and 129, but I will speak briefly
on H. Res. 374.
As former chair of the Asia and the Pacific Subcommittee, I
always paid very close attention to the U.S.-Singapore
relationship, and it is a very tiny country who really holds
exceptional importance to the U.S. We have a longstanding
security relationship with Singapore, and our commercial ties
with them have strengthened significantly over the past half
century.
I think that this link in all likelihood is only going to
intensify as the global economy further intertwines and our
partners in the Asia Pacific place greater emphasis on an
American presence there to help combat growing maritime
threats, specifically from the PRC, from China. As we know,
they are not only building islands now, much to the chagrin of
their neighbors from Japan, South Korea, the Philippines, et
cetera, but they are actually militarizing those islands right
now. And this administration has done not very much, virtually
nothing of substance to push back on this, which is a real
shame.
This legislation recognizes the importance of ensuring a
strong U.S.-Singapore strategic partnership that encourages
regional stability and highlights the significance of the U.S.-
Singapore economic relationship. The bill promotes greater
cooperation on cybersecurity and information-sharing efforts,
both issues that are exceptionally relevant to protecting the
region, both militarily and economically. So I am very
supportive of this one in particular and the other ones that I
mentioned and urge my colleagues to support them. And yield
back.
Chairman Royce. Thank you.
Hearing no further requests for recognition, are there any
further amendments? Hearing none, the Chair moves that the
committee adopt the items considered en bloc.
All those in favor, say aye.
All opposed, no.
In the opinion of the Chair, the ayes have it, and the
measures considered en bloc are agreed to. And without
objection, the measures considered en bloc are ordered
favorably reported, as amended, and staff is directed to make
any technical and conforming changes.
Also, without objection, the Chair is authorized to seek
House consideration of those measures under suspension of the
rules.
Moving on to our final measure, I now call up Senate bill
284, the Global Magnitsky Human Rights Accountability Act.
Without objection, the Senate-passed text of S. 284, as
modified by Royce 102, the bipartisan manager's amendment
provided previously, will be considered base text for purposes
of amendment.
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Chairman Royce. After recognizing myself and the ranking
member, I will be pleased to recognize any member seeking
recognition to speak on the underlying bill before we move on
to the amendments.
Now, this bill, the Global Magnitsky Human Rights
Accountability Act, authorizes sanctions against foreign
nationals responsible for significant corruption or responsible
for gross violations of internationally recognized human rights
which are committed against individuals seeking to promote
human rights or to expose government corruption.
Today's manager's amendment strengthens the Senate text,
specifically, the amendment requires that any sanctions
recommendations made to the President must have the support
from both the chair and the ranking member of the requesting
committee. By mandating a joint referral, this bill ensures
bipartisan support for any action the President may take.
In addition, the amendment brings the Senate text into
compliance with House rules regarding sunsets. The inclusion of
a sunset to this legislation ensures that Congress has the
opportunity and has the responsibility to review the
application of sanctions authority after 3 years of being on
the books.
I want to thank the ranking member and others who worked
with us to craft this amendment. I urge all members to support
the bill's passage. And we will go to--yeah, Mr. Engel is on
his way. Do any other members seek recognition?
Mr. Rohrabacher.
Mr. Rohrabacher. I rise in support of the legislation and
what it is trying to accomplish. And let's make very clear that
I have a long track record of supporting efforts by our
Government in the area of civil liberties and especially in
terms of opposing kleptocracies and violent dictatorships, et
cetera. And in this case, what we are actually trying to do is
right. We are putting in place a mechanism in order to make
sure that those people who control other countries and have
committed major human rights abuses don't get off scot-free,
and that is a good thing.
And let me just note that my amendment that will be coming
up afterwards does not in any way disagree with the purpose of
the bill. I will be voting for the bill. But my amendment will
question as to whether or not the title should include a
specific name of a case.
So I rise in support of this legislation. I think it is
what Americans should be for. That is standing up to gangsters
and brutes overseas who commit violent acts and are engaged
with human rights abuses. However, there is a question about
the name, which I will be bringing up in an amendment later on.
So thank you very much, Mr. Chairman.
Chairman Royce. Thank you, Mr. Rohrabacher.
Mr. Cicilline of Rhode Island.
Mr. Cicilline. Thank you, Mr. Chairman. I want to begin by
thanking you and Ranking Member Engel for holding this markup
today.
As always, I am pleased that this committee has come
together in a spirit of bipartisanship to pass legislation that
deals with a variety of important issues and was very proud to
cosponsor the bills we just passed that were introduced and
passed in a bipartisan way. And I appreciate the opportunity to
speak this morning in strong support of the Global Magnitsky
Human Rights Accountability Act, the bill introduced in the
Senate by Senator Cardin and here in the House by our colleague
Chris Smith.
This important legislation builds upon the achievements of
the Magnitsky Human Rights Accountability Act, which was signed
into law in 2012, and has been an important tool in targeting
those in the Russian Government who are complicit in the death
and subsequent coverup of Russian lawyer Sergei Magnitsky.
The Global Magnitsky bill authorizes the executive branch
to impose sanctions against individuals responsible for gross
human rights violations against persons seeking to expose
government corruption or promote human rights and freedoms. By
expanding the scope of the sanctions beyond the Russian
Government, this legislation sends an important message to
those who seek to suppress human rights around the world that
they will not be able to benefit from the U.S. financial system
or travel to this country if they partake in gross abuses or
corruption, which, unfortunately, we have seen with increasing
regularity around the world in recent years.
I commend the leadership of Senator Cardin and of my
colleague Congressman Smith in introducing this legislation and
getting us to this point.
According to Freedom House, freedom around the world has
been in steady decline for 10 years, and 2015 had the steepest
decline yet. The war in Syria, the resulting refugee crisis,
the rise of extremism have all contributed to crackdowns in the
name of so-called security and a general decline of human
rights in every region of the world.
I am particularly concerned by the uptick in abuses against
vulnerable populations who are already at grave risk in many
countries. In particular, lesbian, gay, bisexual, and
transgender communities around the world have experienced
horrific violence and violations of basic human rights that
puts individuals in these categories at grave risk for injury
or death simply because of who they are.
Yesterday, the world commemorated the International Day
Against Homophobia, Transphobia and Biphobia, which is
dedicated to raising awareness of the terrible discrimination,
violence, and other violations committed against LGBT
communities around the world. To be clear, we are not talking
about marriage or bathroom laws in the international context.
LGBT people abroad face horrific persecution, threats, constant
harassment, lack of access to health care, marginalization,
violence, and death because of their status or perceived status
of being gay, lesbian, or transgender.
Some illustrations. In The Gambia and sub-Saharan Africa,
President Yahya Jammeh has threatened to personally ``slit the
throats'' of gay men found in his country and has arrested and
tortured a number of gay men, including one who was beaten so
badly in detention he needed to be hospitalized. In Indonesia,
this year the Defense Minister publicly called the LGBT
community a threat that must be defeated with ``kind of modern
warfare.'' Last year in Brazil, a transgender teen was beaten
to death and two Sao Paulo police officers implicated in her
death were freed because the judge did not believe they
``seemed like criminals.''
Numerous reports of horrific murders of allegedly gay men
have come out of territories controlled by the Islamic State,
including men being thrown off tall buildings, then stoned to
death by crowds incited by homophobic rhetoric. In Russia, the
Duma is considering legislation to follow up on its infamous
anti-homosexual propaganda bill with legislation making it
illegal to come out as gay, punishable with jail time.
Unfortunately, I could go on and on with additional
examples.
Because of the particularly heinous nature of the
violations routinely committed against LGBT communities around
the world, I intended to offer an amendment to this legislation
clarifying that the persecution of the LGBT individuals and
those protecting their rights are included in the abuses
sanctionable by this legislation. However, it is my
understanding, after speaking with our chairman on this
subject, that he agrees with my assessment that these rights
are, indeed, included in the legislation.
And with that, I would probably yield before I conclude to
the chairman.
Chairman Royce. Well, yes, thank you for raising this
point.
Certainly, around the world we have witnessed some truly
severe human rights violations, some directed at people solely
on the basis of their professed or perceived sexual orientation
or gender. In a number of African countries, gay people are at
risk of being killed or jailed for life, and in places like
Russia and Iran, we see authorities trying to ban even the
discussion of sexual orientation. And, of course, there was the
brutal murder of a USAID employee and gay rights activist in
Bangladesh just last month. This was an abhorrent crime.
And I want to make clear that the internationally
recognized human rights referenced in the Global Magnitsky Act
apply to all people, including those who identify as LGBT, and
the committee is planning a hearing for later this year on the
alarming threats to fundamental human rights worldwide.
So I look forward to working with the gentleman on that,
and today it is important that we advance this legislation that
promises to improve human rights of all.
Mr. Cicilline. Thank you, Mr. Chairman. I thank you for
your consideration of this. I look forward to working with you
and other members of this committee to ensure that the rights
of LGBT individuals and other vulnerable minorities receive due
consideration here at the committee, and I think a hearing on
this matter would be a great step forward. And with that, I
yield back.
Chairman Royce. Thank you.
Other members seeking recognition?
Mr. Higgins.
Mr. Higgins. Thank you, Chairman. Thank you, Ranking Member
Engel. Thank you for holding this important markup today. I am
pleased that we will be considering House Resolution 650, a
resolution introduced by Congressman Ted Poe, which would
reiterate our strong commitment to the residents of Camp
Liberty by providing for their safety and expedited
resettlement.
Since 2009, seven attacks at Camp Liberty and Camp Ashraf
have killed 140 residents, with over 1,000 wounded. Despite
pledges to provide for their safety, the Government of Iraq has
failed to live up to this commitment and some of its forces may
have been complicit in these attacks.
Approximately 2,000 residents of Camp Liberty are currently
awaiting resettlement by the United Nations High Commissioner
for Refugees. We must work with the U.N. and the Iraqi
Government to expeditiously relocate these individuals before
any more harm befalls them. In the interim, the Government of
Iraq must provide for the safety and security of this
vulnerable population.
I look forward to the passage of this resolution. I yield
back the balance of my time.
Chairman Royce. Thank you, Mr. Higgins.
Other members seeking recognition?
Mr. Engel.
Mr. Engel. Mr. Chairman, again, thank you for convening
this markup. I also want to thank you for bringing forward our
last bill, the Global Magnitsky Human Rights Accountability
Act. This is a product of many years of hard work by
Representatives Smith and McGovern here in the House and by
Senators Cardin and McCain in the Senate.
This bill would authorize the President to sanction foreign
individuals who commit gross violations of human rights, as
well as government officials involved in significant acts of
corruption. It would allow the chairs and ranking members of
relevant congressional committees to send names of potential
violators to the administration, and requires a determination
of whether those people meet the criteria for sanctions.
This measure builds on the 2012 Magnitsky Act, which
created a similar process for people inside Russia. This
legislation would send a powerful message that human rights
abusers and corruption aren't just internal matters, they are
the concern of all countries, and they should not be permitted
to go on with impunity.
So I urge support for this important legislation. Thank
you, again, Mr. Chairman. Thank you to all our members. I yield
back.
Chairman Royce. Thank you, Mr. Engel.
We now go to Mr. Brad Sherman of Los Angeles.
Mr. Sherman. First, I want to commend the gentleman from
Rhode Island for focusing on LGBT rights, and especially thank
the chairman for his comments, the colloquy, and the upcoming
hearing. LGBT rights are human rights.
I heard the gentleman from Orange County on the name
``Magnitsky'' being in the bill. On the one hand, this bill
really isn't focused on Magnitsky or on Russia. It deals with
our human rights approach worldwide. And the Magnitsky case is
inspiring to many. I know the gentleman from California
believes that some of what we believe about that case is not
true. But I would point out that there are many other inspiring
cases.
On the other hand, the author of a bill who works so hard
on it usually gets to suggest a title. This bill has gone
through the Senate, has been the product of all the Senators
and House Members that the chair named. So I realize the
gentleman from California feels strongly that Magnitsky's name
should not be part of the title and look forward to the
comments of our colleagues here on that issue.
Chairman Royce. Does the member have an amendment at the
desk? And I am not suggesting that the gentleman should offer
an amendment. I am just commenting that he makes an interesting
point, and I see both sides of that point. And I am not trying
to inspire any action by any member.
Mr. Rohrabacher. I have an amendment at the desk.
Chairman Royce. The clerk will report the amendment.
Ms. Marter. Amendment to S. 284, offered by Mr. Rohrabacher
of California, page 2, line 2, strike ``Magnitsky.''
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Chairman Royce. The Chair recognizes the author to explain
the amendment.
Mr. Rohrabacher. Yes, my amendment is very simple. I mean,
it would change the name of the bill simply by removing the
word ``Magnitsky'' from the bill. So we would then call it the
Global Human Rights Accountability Act, which is more accurate
than to put ``Magnitsky'' in the middle of that. I mean, the
fact is this bill isn't just about Russia. It is about setting
an international standard. By putting ``Magnitsky'' in the
title, we are taking a gratuitous slap at Russia and we are
confusing people about the real purpose of this bill.
The purpose of this bill is not just to attack Russia. We
already have legislation doing that, specifically on Magnitsky.
And basically, we should be very proud that we are setting an
international standard and not confuse it by adding one case.
Let's note about this case, there has been a lot of talk about
it. It is confusing. We need to look into this and ask some
serious questions before we just accept what is being handed to
us.
In the 1990s, Russia was in economic chaos as it shifted
from state control to a market economy. At this time, you had
very notorious characters arise in Russia and coming from
outside of Russia to exploit that situation for their own
situation. We saw the rise of oligarchs who were not just
Russians, but other people as well, and they ended up walking
away with billions of dollars. Some of these foreigners,
including Mr. Browder, who was Mr. Magnitsky's boss, walked
away with billions of dollars. Let me note that Mr. Browder is
not a U.S. citizen. He gave up his citizenship at a time to
shield himself from major tax liabilities. So we have people
there.
And I notice that he sent a letter to us talking about
kleptocracy, and here is a man himself who made billions of
dollars in the middle of this chaos. And there is a major
question--and that is what this whole issue is about--as to
whether $230 million worth of taxes the Russian Government
deserved from those billions of dollars made by Mr. Browder,
whether or not those--that he legitimately paid this or whether
or not he was trying to shield that.
Mr. Magnitsky was the man who helped keep his books. He was
arrested. And the question is whether or not what he went
through and the horrible confinement that he was kept in and
treatment that he was given was the Russians trying to find
out--have him say where is the money that Browder hid, or is it
that he had some information that showed corruption on the part
of the Russians. And I will have to say that it is possible
either one of those explanations could be true, but we don't
know enough.
I would put for the record, submit for the record now, Mr.
Chairman, an article from The New Republic and an article from
The Wall Street Journal that calls into question this account
that we have been told over and over again.
Let me note that there was a major, one of the most
respected documentary filmmakers, an anti-Putin documentary
filmmaker from Russia who started to do research on this and
was going to have a documentary condemning the Russian
Government on this, and he came away after the investigation
changing his basic belief and believing instead that Mr.
Browder has actually had a PR campaign to cover up some of his
own activities in escaping this tax liability.
So let me just note that also Mr. Browder has, from what we
are told, and there is evidence that indicates, that he has
threatened to sue NBC for a documentary that says something
else than what he would like presented about this Magnitsky
case.
So let me just say, this is a confusing situation and there
are serious questions that need to be addressed, and there is
no reason, as I say, when we are setting up this global
standard, that we need to include another factor that adds
confusion to the purpose of the case.
So with that said, I would ask my colleagues just, let's
name this the Global Human Rights Accountability Act. We can be
proud of that. I have always been a proud supporter of human
rights measures throughout my career. And I think this
actually, by doing this, we take away the confusion.
And I think it is striking a blow to say what we want is an
explanation, what we want to base this on is truth, not just
some gratuitous slap at Russia by some, and at the same time
backing up the claims of a guy who made billions of dollars at
a time when Russia was economically confused.
So with that, I would ask my colleagues to join me in what
I consider to be a very rational and reasonable proposal, that
we make this the Global Human Rights Accountability Act instead
of the Global Magnitsky Human Rights Accountability Act.
Thank you, Mr. Chairman. I yield back.
Chairman Royce. Thank you, Mr. Rohrabacher.
Do any other members seek recognition to speak on this
amendment?
Mr. Engel.
Mr. Engel. Thank you, Mr. Chairman.
Let me first say, with respect to my good friend and
classmate from California, I have to oppose this amendment.
Sergei Magnitsky was a lawyer who worked to shine a light on
corruption, fraud, and theft by authorities inside Russia. As
we well know, opponents of Russia's increasingly authoritarian
regime don't get the benefits of due process or rule of law. So
he was thrown in prison, held for a year with no trial, denied
medical care, subjected to horrific conditions, and beaten by
prison guards in the final hours of his life. His basic rights
and dignity were pushed aside when he was dying in a Russian
prison cell, but now his name and his story have become
synonymous with efforts to advance human rights and fight
corruption.
There is a good reason we put his name on a law years ago,
and we should reject any attempt to revise history or sweep it
under the rug. We should not be apologists for Putin. We should
not be worried about offending Putin or his incredibly more and
more authoritarian regime. Let the chips fall where they may.
Stripping's Magnitsky name from this bill dishonors his
work and diminishes the tragedy of his death. So with all due
respect to my good friend, I urge my colleagues to oppose this
amendment.
I yield back.
Chairman Royce. Other members seeking recognition?
General.
Mr. Perry. Thank you, Mr. Chairman.
While I have the consummate respect for my good friend from
California, I must disagree with him on this particular issue.
And I think that it is a good thing any single time that we
highlight the atrocities, whether they are imposed on one
individual or millions of individuals, by the Russian state, by
the U.S.S.R., the Union of Soviet Socialist Republics. And any
time we can highlight things like the Katyn Forest massacre of
thousands of Poles or the Terror-Famine in Ukraine, up to 6
million Ukrainians murdered by the Soviet Union and the Russian
dictators, I think it is a good thing.
And so with those reasons in mind, I will oppose this
amendment and urge my colleagues to do the same.
Chairman Royce. Thank you, General Perry.
Mr. Albio Sires.
Mr. Sires. Thank you, Mr. Chairman.
And I really appreciate all your hard work, especially on
this bill, but I must disagree with my colleague from
California. I think to worry about what Russia feels about
this, the name of this bill, when they are just moving away
from democracy and becoming more dictatorial every day, I
really do not agree with removing this name. If we remove this
name, maybe we should add Fidel Castro to the bill. That may be
more appropriate.
Thank you.
Mr. Connolly. Would my friend yield?
Mr. Sires. Absolutely.
Mr. Connolly. I thank my friend.
My friend from California knows how much I do respect him
and like him. But I felt listening to him like I was watching
RT, Russian Television.
His argument is essentially three points. Well, there is a
lot of confusion over the circumstances. We don't know whether
he was beaten to death because he was himself corrupt or they
were trying to get intelligence out of him, as if that could
ever be justified.
Secondly, it is a gratuitous slap at Vladimir Putin and
Russia. Actually, of course, it is the very opposite. It is
calling them out for behavior that absolutely fails even the
minimal standards of international norms with respect to
jurisprudence and protection of those in custody.
Thirdly, with his billions, being an oligarch, who knows,
maybe there were lots of reasons to justify this. There can
never be any reasons to justify it.
I would make the opposite argument of my friend from
California. We must put this name on this bill. We must make it
clear to Vladimir Putin and his friends in Russia that there
are international standards we will adhere to and insist they
adhere to.
And so I think we have to reject this amendment on its face
overwhelmingly and make a collective statement from this
committee, on behalf of this Congress, that we take note and
that we are not going to let up, and that unacceptable behavior
by Mr. Putin, whether it be in the Crimea or in a prison cell
involving Sergei Magnitsky, you will adhere to civilized
international norms of behavior because we are going to insist
on it. And when you don't, we are going to call you out.
I yield back.
Mr. Cicilline. Mr. Connolly, will you yield?
Mr. Connolly. The time is Mr. Sires'.
Mr. Sires. Yes, I yield.
Chairman Royce. The gentleman yields.
Mr. Cicilline.
Mr. Cicilline. Thank you, Mr. Chairman.
I too oppose this amendment and encourage my colleagues to
vote against it. And I just want to say that I thank my good
friend, Mr. Rohrabacher, actually for giving us an opportunity
to again remind people about the circumstances of this case and
the naming of this legislation.
There are really no doubts about the veracity of the case
of Sergei Magnitsky, who was only 37 years old when he was
killed in Russian Government custody after exposing wide-scale
corruption and tax fraud by Russian officials. After arresting
Mr. Magnitsky for the crimes he exposed, they allowed him to
die in horrific circumstances.
The Russian Government then continued its campaign of
smears and vilification, turning on Magnitsky's boss, Bill
Browder, after he refused to let the case simply disappear.
They convicted Bill Browder in absentia of the tax evasion that
Magnitsky had led the charge to uncover. And even more galling,
they had the audacity to convict Mr. Magnitsky posthumously; in
fact, the first such prosecution in Russian history.
The Russian Government has had no shame when it comes to
the case of Sergei Magnitsky, the details of which have been
pored over, verified by multiple sources, and verified again.
To allow the Russian Government any modicum of influence over
this legislation, including its name, would be shameful and
would dishonor the work of Mr. Magnitsky, Mr. Browder, and all
of those men and women in Russia and around the world who fight
against corruption and human rights abuses.
I have here a Daily Beast article published today which
outlines the length the Russian Government has gone to, to
discredit, smear, and vilify Mr. Magnitsky and to oppose this
legislation. And with the chairman's permission, I would like
to submit it for the record.
And I urge my colleagues to oppose this amendment and
support the underlying legislation, the Global Magnitsky Human
Rights Accountability Act.
Chairman Royce. Without objection, subject to the length
limitations and committee rules, all members have general leave
to submit related materials for the record.
Mr. Chabot. Mr. Chairman.
Chairman Royce. Mr. Chabot seeks recognition.
Mr. Chabot. Mr. Chairman, move to strike the last word.
Chairman Royce. Mr. Chabot, you are recognized.
Mr. Chabot. Thank you. Mr. Chairman, it doesn't mean I
support his amendment, but I yield my time to the gentleman
from California.
Mr. Rohrabacher. Thank you very much for yielding that
time. And by the way, thank you for your expressions of
friendship and respect for differences of opinion. That is all
right. We are in a country where we do respect each other when
we have disagreements and that is one of the things that makes
our country great.
Back to this particular issue, I will just have to say that
there is ample evidence, enough evidence that major magazines,
like New Republic and The Wall Street Journal, have called into
question the details of this case as to whether or not what is
being presented is not something that has been a major effort
on the part of a multi-billionaire who made his profit at a
time when there was chaos and confusion in Russia and basically
became one of the oligarchs.
What we should be talking about is basically, when we are
talking about whether this title is appropriate, what are our
standards of truth in this case? Do we know absolutely what the
truth is? And I am saying that there are enough people who are
credible.
And the fact that we have Mr. Browder threatening a major
television network in the United States, threatening them with
a lawsuit if they have any major documentary on this issue. We
also have a man who is renowned in Russia for making
documentaries that oppose Putin, who launched an effort to do a
documentary on Mr. Magnitsky. And guess what, as he went on, he
began to realize it did not make any sense, the story that was
being presented, which is that Magnitsky was being kept because
he was exposing some Russians, government officials of
corruption, as compared to he was being held because the
Russian Government knew that there was $230 million in a tax
liability that they did not have the funds that Mr. Browder was
eligible, that was his tax liability.
So I think that this is a murky issue. It is not cut and
dry. And I know that over and over again it has been repeated
that it is cut and dry and it is not. And I have tried to be an
honest person myself, and the bottom line is that we, by taking
this name out, in no way are we changing the standard of what
we have and what our Government is going to have when it comes
to this type of behavior of foreign officials.
The downside of this, let me be very clear about this, the
Russians feel it is a gratuitous slap just at them. And because
of that, they have changed a law in Russia dealing with
Americans' ability to adopt children, Russian children. Now, I
would oppose them doing that, but that is what they did. And
there is a side effect to this that is harming some children
and some people here who would like to adopt Russian children
who are in very much in need, and it is based not on trying to
force us to change our standards, but at least trying to force
us to take what they considered a gratuitous slap out of the
title of the bill.
So with that said----
Mr. Connolly. Would my friend yield for a question?
Mr. Rohrabacher. I certainly will.
Mr. Connolly. The name of the bill is the Magnitsky bill,
not the Browder bill. Is that not correct?
Mr. Rohrabacher. To the degree officially, that is correct.
Mr. Connolly. Thank you.
Mr. Rohrabacher. All right. But the name of the bill should
be, instead of that, should be Human Rights Accountability Act
and not anybody's name.
So with that said, I yield back the balance of my time. I
appreciate my colleague yielding the time to me, and I yield
back to him.
Mr. Chabot. Reclaiming my time, I yield back.
Chairman Royce. Do any other members seek recognition to
speak on this amendment?
Mr. Randy Weber of Texas.
Mr. Weber. Thank you, Mr. Chairman.
When Edward Snowden was running from American officials he
landed in Moscow eventually. American officials pushed Putin to
either extradite him to America or to kick him out of Russia.
Putin commented that he didn't have any control over who was in
Russia.
Dana, you referenced The Wall Street Journal, so it
reminded me that Dan Henninger in that article at that time
said that that was ridiculous what Putin said because when
Russian officials didn't want somebody in Russia, on Russian
soil, they either removed him from it or put him under it. So
that is their reputation.
I yield to my friend from Pennsylvania.
Mr. Perry. Thank you for yielding to my good friend from
Texas.
Just in response to my other good friend from California,
which I must vehemently disagree with on this, when he says we
are not sure of the facts, we are not sure of the facts, let me
tell you what facts we are absolutely sure of. We are sure of
the facts of the Terror-Famine in the 1930s where the Russian
Government murdered by starvation up to 6 million Ukrainians
and took their land. We are sure of the facts of the Katyn
Forest massacre of World War II and the massacre of the Poles
that were blamed on the Germans. We are sure of the facts of up
to 45 million untimely deaths at the boot of communism and
socialism under the Russian Government. And we are sure of the
fact that Vladimir Putin is a former KGB agent and he is
coalescing power not in a democratic way, but an authoritarian
way, and is likely responsible for the untimely and unpleasant
deaths of many that we don't know about. But we do know about
this one.
I think it is our duty to remind the American people every
single day that we can, until they change their ways, what the
Russian Government, what the U.S.S.R. has stood for, what
Communism and Socialism has meant for the world, world over,
since World War II.
And with that, Mr. Chairman, I yield back.
Chairman Royce. Do any other members seek recognition?
Hearing no further requests for recognition, the question
occurs on the amendment.
All those in favor, say aye.
All those opposed, no.
In the opinion of the Chair, the noes have it, and the
amendment is not agreed to.
Are there any other requests for amendment at the desk.
Hearing no further amendments, the Chair now moves that the
committee agree to S. 284's amendment.
All those in favor, say aye.
All those opposed, no.
In the opinion of the Chair, the ayes have it, and S. 284,
as amended, is agreed to. Without objection, S. 284, as
amended, is ordered favorably reported as a single amendment in
the nature of a substitute. Staff is directed to make any
technical and conforming changes and the Chairman is authorized
to seek House consideration under suspension of the rules.
So that concludes our business for today. I want to thank
Ranking Member Engel and all of our committee members for their
contributions and assistance with today's markup.
The committee is adjourned.
[Whereupon, at 11:22 a.m., the committee was adjourned.]
A P P E N D I X
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Material Submitted for the Record
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Material submitted for the record by the Honorable Dana Rohrabacher, a
Representative in Congress from the State of California
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Material submitted for the record by the Honorable David Cicilline, a
Representative in Congress from the State of Rhode Island
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