[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
VARIOUS MEASURES
=======================================================================
MARKUP
BEFORE THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
ON
H. Res. 256, H. Res. 944, H.R. 1697, H.R. 4969,
H.R. 5576, H.R. 5898, H.R. 6197, H.R. 6207,
and H. Con. Res. 20
__________
JUNE 28, 2018
__________
Serial No. 115-143
__________
Printed for the use of the Committee on Foreign Affairs
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available: http://www.foreignaffairs.house.gov/, http://docs.house.gov,
or http://www.gpo.gov/fdsys/
______
U.S. GOVERNMENT PUBLISHING OFFICE
30-588 PDF WASHINGTON : 2018
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 KAREN BASS, California
DARRELL E. ISSA, California WILLIAM R. KEATING, Massachusetts
TOM MARINO, Pennsylvania DAVID N. CICILLINE, Rhode Island
MO BROOKS, Alabama AMI BERA, California
PAUL COOK, California LOIS FRANKEL, Florida
SCOTT PERRY, Pennsylvania TULSI GABBARD, Hawaii
RON DeSANTIS, Florida JOAQUIN CASTRO, Texas
MARK MEADOWS, North Carolina ROBIN L. KELLY, Illinois
TED S. YOHO, Florida BRENDAN F. BOYLE, Pennsylvania
ADAM KINZINGER, Illinois DINA TITUS, Nevada
LEE M. ZELDIN, New York NORMA J. TORRES, California
DANIEL M. DONOVAN, Jr., New York BRADLEY SCOTT SCHNEIDER, Illinois
F. JAMES SENSENBRENNER, Jr., THOMAS R. SUOZZI, New York
Wisconsin ADRIANO ESPAILLAT, New York
ANN WAGNER, Missouri TED LIEU, California
BRIAN J. MAST, Florida
FRANCIS ROONEY, Florida
BRIAN K. FITZPATRICK, Pennsylvania
THOMAS A. GARRETT, Jr., Virginia
JOHN R. CURTIS, Utah
Amy Porter, Chief of Staff Thomas Sheehy, Staff Director
Jason Steinbaum, Democratic Staff Director
C O N T E N T S
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Page
MARKUP ON
H. Res. 256, Expressing support for the countries of Eastern
Europe and the North Atlantic Treaty Organization.............. 2
Amendment in the nature of a substitute to H. Res. 256 offered
by the Honorable Edward R. Royce, a Representative in
Congress from the State of California, and chairman,
Committee on Foreign Affairs................................. 7
Amendments to the amendment in the nature of a substitute
to H. Res. 256 offered by:
The Honorable Edward R. Royce.......................... 13
The Honorable Joe Wilson, a Representative in Congress
from the State of South Carolina..................... 14
H. Res. 944, Expressing solidarity with and sympathy for the
people of Guatemala after the June 3, 2018, eruption of the
Fuego Volcano.................................................. 15
Amendment in the nature of a substitute to H. Res. 944 offered
by the Honorable Norma J. Torres, a Representative in
Congress from the State of California........................ 18
H.R. 1697, To amend the Export Administration Act of 1979 to
include in the prohibitions on boycotts against allies of the
United States boycotts fostered by international governmental
organizations against Israel and to direct the Export-Import
Bank of the United States to oppose boycotts against Israel,
and for other purposes......................................... 20
Amendment in the nature of a substitute to H.R. 1697 offered by
the Honorable Edward R. Royce................................ 31
Amendments to the amendment in the nature of a substitute
to H.R. 1697 offered by:
The Honorable Ron DeSantis, a Representative in
Congress from the State of Florida................... 38
The Honorable Edward R. Royce.......................... 39
H.R. 4969, To improve the design and construction of diplomatic
posts, and for other purposes.................................. 40
Amendment in the nature of a substitute to H.R. 4969 offered by
the Honorable Michael T. McCaul, a Representative in Congress
from the State of Texas...................................... 46
Amendment to the amendment in the nature of a substitute to
H.R. 4969 offered by the Honorable Dina Titus, a
Representative in Congress from the State of Nevada...... 62
H.R. 5576, To address state-sponsored cyber activities against
the United States, and for other purposes...................... 63
Amendment in the nature of a substitute to H.R. 5576 offered by
the Honorable Ted S. Yoho, a Representative in Congress from
the State of Florida......................................... 84
Amendments to the amendment in the nature of a substitute
to H.R. 5576 offered by:
The Honorable Gerald E. Connolly, a Representative in
Congress from the Commonwealth of Virginia........... 104
The Honorable Edward R. Royce.......................... 105
H.R. 5898, To require the Secretary of State to develop a
strategy on administration policy regarding UNRWA, and for
other purposes................................................. 107
Amendment in the nature of a substitute to H.R. 5898 offered by
the Honorable Lee M. Zeldin, a Representative in Congress
from the State of New York................................... 110
Amendments to the amendment in the nature of a substitute
to H.R. 5898 offered by
The Honorable David Cicilline, a Representative in
Congress from the State of Rhode Island.............. 115
The Honorable Scott Perry, a Representative in Congress
from the Commonwealth of Pennsylvania................ 116
H.R. 6197, To amend the State Department Basic Authorities Act of
1956 to authorize rewards for thwarting wildlife trafficking
linked to transnational organized crime, and for other purposes 119
H.R. 6207, To support democracy and accountability in the
Democratic Republic of the Congo, and for other purposes....... 122
Amendment to H.R. 6207 offered by the Honorable Edward R. Royce 134
H. Con. Res. 20, Expressing the sense of the House of
Representatives regarding the execution-style murders of United
States citizens Ylli, Agron, and Mehmet Bytyqi in the Republic
of Serbia in July 1999......................................... 135
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD
APPENDIX
Markup notice.................................................... 160
Markup minutes................................................... 161
Markup summary................................................... 163
The Honorable Ted S. Yoho, a Representative in Congress from the
State of Florida, and chairman, Subcommittee on Asia and the
Pacific: Letter from the Chamber of Commerce of the United
States of America dated June 27, 2018.......................... 165
The Honorable David Cicilline, a Representative in Congress from
the State of Rhode Island:
UNRWA Programme Budget and Gaza Field Update................... 166
NGO Programs in Gaza and the West Bank Impact by Funding Hold
during Administrative Review--As of June 15, 2018............ 169
Framework for Cooperation Between the United Nations Relief and
Works Agency for Palestine Refugees in the Near East and the
United States of America, 2018-2019.......................... 173
IDF chief: The Likelihood of war has increased substantially... 180
The Honorable Eliot L. Engel, a Representative in Congress from
the State of New York: Prepared statement...................... 184
The Honorable Dina Titus, a Representative in Congress from the
State of Nevada: Prepared statement............................ 187
VARIOUS MEASURES
----------
THURSDAY, JUNE 28, 2018
House of Representatives,
Committee on Foreign Affairs,
Washington, DC.
The committee met, pursuant to notice, at 10:00 a.m., in
room 2172 Rayburn House Office Building, Hon. Edward Royce
(chairman of the committee) presiding.
Chairman Royce. The committee will come to order.
Pursuant to notice, we meet today to mark up nine
bipartisan measures. Without objection, all members may have 5
days to submit statements or extraneous material on today's
business.
As members were notified yesterday, we intend to consider
today's measures en bloc. And so, without objection, the
following items previously provided to members, and also in
your packets, will be considered en bloc and they are
considered as read.
House Resolution 256. This is expressing support for the
countries of Eastern Europe and for NATO. The Royce Amendment
in the Nature of a Substitute, Royce Amendment 134, and Wilson
Amendments 68; House Resolution 944, expressing sympathy for
the people of Guatemala after the recent volcano eruption with
a Torres Amendment 11 in the Nature of a Substitute; H.R. 1697,
the Israel Anti-Boycott Act, the Royce Amendment in the Nature
of a Substitute, DeSantis Amendment 82, and Royce Amendment 1;
H.R. 4969, the Improving Embassy Design and Security Act of
2018, McCaul Amendment 105 in the Nature of a Substitute, and
Titus Amendment 62; H.R. 5576, the Cyber Deterrence and
Response Act with Yoho Amendment 137 in the Nature of a
Substitute, Connolly Amendment 86, Royce Amendment 2; H.R.
5898, the U.N. Relief and Works Agency Accountability Act with
the Zeldin Amendment in the Nature of a Substitute, Cicilline
Amendment 1, Perry Amendment 1; H.R. 6197, the Rescuing Animals
and Rewards Act; and H.R. 6207, the Democratic Republic of the
Congo Democracy and Accountability Act with a Royce Amendment
133; and House Concurrent Resolution 20 regarding the
execution-style murders of U.S. citizens in the Republic of
Serbia in July 1999.
[The information referred to follows:]H. Res.
256
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Chairman Royce. I now recognize myself to speak on today's
business and I will just explain that first we are going to
have H.R. 6207. This would be the Democratic Republic of the
Congo Democracy and Accountability Act. And as an original
cosponsor of this bill, I want to thank many of the members of
this committee who have traveled with me to the Congo. I have
made three trips there in order to try to push for elections. I
deeply appreciate the bipartisan work of Chairman Smith and
Ranking Member Bass of the Subcommittee on Africa, Global
Health, Global Human Rights, and International Organizations.
President Kabila's security forces are responsible, as we
know on this committee, for massive human rights abuses and
great instability across the DRC. This bill will help push
Kabila to follow through with his commitments to do one thing
that we have all pushed him on, to hold free, fair, and
transparent elections in December of this year, as Congo has
committed to do.
Next we have H.R. 1697. This is the Israel Anti-Boycott
Act. This bill was sponsored by Representative Roskam and
Vargas. It prohibits U.S. companies from participating in
boycotts promoted by international organizations like the U.N.
that target U.S. partners like Israel.
Next we have H.R. 5898, the United Nations Relief and Works
Agency Accountability Act. And I want to thank the authors,
Representative Cicilline and Representative Zeldin for this
bipartisan bill to strengthen congressional oversight of the
State Department and this agency.
Next we consider H.R. 4969. This is the Improving Embassy
Design and Security Act and this legislation will improve the
security, the functionality, the efficiency of our Embassies
overseas. And I want to thank the bill's sponsors, Chairman
McCaul and Rep. Kelly, as well as Ranking Member Engel for
their work on this legislation because by strengthening
oversight and management of construction of new facilities, we
can better protect our diplomats. And we will save taxpayer
dollars, too, by the way this legislation was crafted.
Next we have H.R. 5576. This is the Cyber Deterrence and
Response Act. Malicious cyber activity by foreign governments,
including especially, Russia, China, and North Korea cannot be
tolerated. So Chairman Yoho's bill before us today builds on
this committee's previous work by establishing a framework for
deterring and responding to malicious state-sponsored cyber
activity.
Next we have H.R. 6197, the Rescuing Animals with Rewards
Act. This builds on the committee's conservation work by
prioritizing efforts to counter transnational wildlife
traffickers through the State Department's existing rewards
program. These tools were successfully used, if you recall, in
2014 to bring the Laotian trafficker known as the Pablo Escobar
of Wildlife Crime to justice. I want to thank the bill's
author, that would be Representative Dan Donovan, former
prosecutor, for this measure.
Next we have House Resolution 944. Hundreds of Guatemalans
perished in the eruption of the volcano in June. Thousands have
been displaced. I wanted to thank Congresswoman Torres for this
timely resolution to extend our condolences to the people of
Guatemala and to recognize the State Department and USAID's
swift response to this crisis.
Next we have House Resolution 256, which sends a strong
message of support to our allies in Central and Eastern Europe
that are under increasing pressure by Russia. We thank Steve
Cohen for this measure.
Finally, we have House Concurrent Resolution 20. In July
1999, after the Kosovo War ended, there were three young
American brothers that were there and were illegally arrested
while they were traveling through Serbia. Despite a court order
for their release, all three brothers were instead taken by a
Serbian special operations unit. They were murdered execution
style and they were left atop a mass grave.
I would like to take a moment to express our deep
condolences to the Bytyqi family because that family is with us
today. This marks 20 years since these U.S. citizens were
assassinated, yet to date, no one has been brought to justice
for their deaths.
And I want to thank Representative Zeldin for this measure.
But we again want to deeply extend our condolences to the
family here with us today. We are very, very sorry for your
loss.
So I will now recognize the ranking member for his remarks.
Mr. Engel.
Mr. Engel. Thank you very much, Mr. Chairman. Thank you for
calling this markup.
I have a lengthy statement addressing all the good measures
before us today and I ask unanimous consent that it be included
in its entirety as part of the record.
Chairman Royce. Without objection.
Mr. Engel. I know we are short on time this morning, final
votes will be called soon, and I want to give members an
opportunity to speak about their bills and resolutions.
I just want to speak about one bill briefly and that is the
bill you just mentioned about the Bytyqi brothers. I have spent
extensive time of my years in Congress fighting for the
independence of Kosovo and these brothers, American citizens,
were murdered by Serb forces. Despite many of us having
contacts with Serbia, I appealed to the Serbian strong man, Mr.
Vucic, when he was here, and came to my office twice, and
promised me that this would be resolved within a month. More
than a year and, of course, it hasn't been resolved and it is
an absolute disgrace.
So we have to keep supporting the Albanian people in their
struggle in Kosovo and keep the presence of the Bytyqi brothers
alive. And we are not going to stop until we get justice for
them. So I want to single out that resolution.
Again, I support all the resolutions. I am grateful, as
usual, to our members on both sides of the aisle for their hard
work. And I thank you again, Mr. Chairman. I wish everyone a
safe and happy independence day.
And I yield back.
Chairman Royce. Thank you, Mr. Engel.
We go to Ileana Ros-Lehtinen.
Ms. Ros-Lehtinen. Thank you so much, Chairman Royce, and I
applaud your efforts, as well as Ranking Member Engel to
continue to bring forth bipartisan measures before this
committee for consideration.
I wanted to speak on the UNRWA Accountability Act offered
by our friends and colleagues Mr. Cicilline and Mr. Zeldin. I
applaud their efforts to find a way forward in ensuring that we
hold UNRWA accountable and that no U.S. taxpayer dollars are
being misused against our interest.
We can all support the idea that greater transparency,
oversight, and accountability are needed at all U.N. agencies,
not just UNRWA; however, I worry that this bill, which requires
a report from the administration on its UNRWA strategy, doesn't
quite go far enough. The United States holds considerable
leverage when it comes to UNRWA, namely that it relies on the
kindness of our contributions. We shouldn't wait to use that
leverage.
This bill should lay out the conditions we need to see
reform at UNRWA before the U.S. will allocate more money to
that agency. It is an ever-expanding mandate, an ever-expanding
budget gap, an ever-growing politicization at the agency and
all of that makes it difficult for us to continue supporting
this agency without seeing concrete reform and action to
address our concerns, not to mention the idea of having a
definition of the word refugee that guarantees, Mr. Chairman,
that the number of Palestinians that UNRWA mandate covers will
expand.
So the model is untenable. It is unjustifiable, especially
when there is an entire entity at the U.N. that is already
supposed to be its Refugee Agency, a body which, by the way,
covers 12 times more individuals than UNRWA, yet somehow
employs less than a third of the people than UNRWA in a body
that has its own definition of a refugee that doesn't match
with the U.N.'s own Refugee Agency, nor does it match how we
would define a refugee.
So while, again, I applaud my colleague's effort and I
support this measure, I would have liked to have seen us do
more to condition our assistance to UNRWA until we see real
reforms.
And I yield back, Mr. Chairman.
Chairman Royce. Good points, Congresswoman.
We go now to Brad Sherman of California.
Mr. Sherman. Mr. Chairman, thank you for this markup,
bringing excellent bills to our attention. I support them all.
I think I have cosponsored virtually all of them.
As to the Anti-Israel Boycott Act, this is probably--this
has drawn a lot of attention. I am pleased to be the lead
Democrat on this bill.
We have, for decades, said that Americans will not be
forced to boycott a friend of the United States by
international economic pressure. On the effort of Saudi Arabia
and others to tell American companies you must not do business
with Israel or you will be deprived of economic opportunities,
we responded to that by saying no American company can furnish
the Saudi Arabian Government with proof that it is boycotting
Israel or otherwise cooperate with the Saudis on this.
What this bill does is it says there is no loophole in this
longstanding, multi-decade policy if the pressure comes not
from one government but from an association of foreign
governments. Let me make it clear nothing in this bill says
that you cannot, any domestic organization can't protest
against Israel, or boycott its products, or those of any other
ally of the United States. It simply says that we will not
allow American citizens to be pressured into that by foreign
governments, which has long been our law, or by associations of
foreign governments.
I should also comment on the Cyber Deterrence and Response
Act. I am pleased to join with Chairman Yoho of the
Subcommittee on Asia and the Pacific, of which I am the ranking
member, because this is not just a Russia problem. But I am
pleased that this bill does focus on the way that states,
including Russia, have sought to undermine our electoral
system. And that is a bipartisan issue, not just an issue of
one party. No American wants to see Russia influencing our
elections, particularly through illegal and hidden measures.
I want to, of course, support the Congo Democracy and
Accountability Act and I want to commend Representatives Smith
and Bass, and of course, the chair and ranking member, for
their work on this bill reaffirming our commitment to peace and
stability in the region, especially in light of President
Kabila's obstruction of elections.
The other bills before us are also excellent and, in
support of them, I will yield back my time.
Chairman Royce. Thank you, Mr. Sherman.
Mr. Chris Smith of New Jersey.
Mr. Smith. Thank you very much, Mr. Chairman.
And just let me say very briefly you know I support the
bills that are before us but I just would like to focus
especially on the Democratic Republic of Congo Democracy and
Accountability Act, H.R. 6207.
I, too, have been to the DRC, both to the capital and to
Goma. We all know that the DRC and the people of that country
have suffered so enormously over the years. More than 5.4
million people died between 1997 and 2003. Peacekeepers that
were deployed there, the largest U.N. peacekeeping force in the
world, were found complicit in human trafficking, especially
the rape of young children. Thankfully, that has been largely
stopped. I held four hearings on that, went there to
investigate that in Goma, and was shocked and dismayed that the
peacekeepers are part of the problem, and working, and doing
things that rogue elements are doing, you know we have a
serious problem.
This legislation focuses especially on Kabila, and his
unwillingness to step aside, and to allow the election to occur
in a timely fashion. We have called and the Obama
administration did impose sanctions on key figures. Those are
codified in this legislation. And our Ambassador to the United
Nations, Nikki Haley, has been very forthright as well in
speaking out against Kabila's clinching of power and
unwillingness to let go of it.
H.R. 6207 supports the humanitarian efforts that are being
made by civil society. And in the ongoing effort, Ms. Bass and
I have held a number of hearings on the D.R. Congo, most
recently on May 9th, another one late last year, of which you
were a part of that, Mr. Chairman. But you know John
Prendergast just summed it up. The Kabila government's track
record of violent repression against civil society, pro-
democracy movements, and faith-based groups raises concerns
that these new protests will be met with a fresh wave of
violent repression. And we speak to that in the body of the
language of the bill as well.
People want a free, fair, and transparent election. In the
D.R. Congo, the Catholic Church has played a huge role in
trying to ensuring that. The Sylvester Agreement in 2016 was a
great effort to bring things together and, of course, it has
been largely frustrated by Joseph Kabila. And this legislation
tries to take it to the next step and get the administration
here and there further engaged to get this right.
So I thank you for marking this piece of legislation up and
yield back.
Chairman Royce. Thank you, Mr. Smith, and thank you for all
your work on that issue as well.
Congresswoman Karen Bass of California.
Ms. Bass. Thank you, Mr. Chair and Ranking Member Engel,
for bringing up H.R. 6207 to the committee today for
consideration.
H.R. 6207, the DRC Democracy and Accountability Act, seeks
to promote free and fair elections in the DRC by imposing
sanctions on high-level individuals who are undermining
democratic processes and institutions in the country, as well
as those who are responsible for extrajudicial killings and
have engaged in public corruption.
With respect to the ongoing political situation in the DRC,
President Kabila has deliberately stalled planned elections,
despite completing his constitutionally-mandated two terms. I,
personally, am very concerned that although he has committed to
having elections in December, there is not a lot of faith that
that is actually going to happen. And I can't think of any
issue more than the DRC that I have had numerous constituents
who are in the diaspora who have come in and really called on
us to please help the situation.
So last year, the U.N. General Secretary Kofi Annan and
nine former African Presidents said Congo's future is in grave
condition--grave danger. We are deeply concerned about the
political situation in the DRC, which represents a threat to
the stability, prosperity, and peace of the Great Lakes region
and, indeed, for Africa as a whole. We feel obliged to sound
the alarm before it is too late. Nine former African Presidents
have said that.
I am proud that my colleagues, Chris Smith, Chairman Royce,
and Ranking Member Eliot Engel and I are able to answer this
call and put forth legislation that seeks to address the
situation in the DRC.
Thank you and I yield back.
Chairman Royce. Well thank you, Congresswoman. And it is
certainly true that heads of states across Africa--we just had
a delegation out there and everyone is focused on the same
issue. As a matter of fact in the international community
everyone is focused on the same issue, the importance, come
December, of having those elections across Congo.
Joe Wilson, South Carolina.
Mr. Wilson. Thank you, Chairman Ed Royce, and thank you,
Ranking Member Eliot Engel. I particularly want to commend
Congressman Engel on his renomination this week. We are really
grateful for his continued service on behalf of the American
people.
And thank you for convening this markup of legislation that
embodies the committee's emphasis on building national and
international security, improving human rights, and fighting
international crime.
I am also grateful for Congressman Steve Cohen for
introducing House Resolution 256, expressing support for the
countries of Central and Eastern Europe and the North Atlantic
Treaty Organization. As the grateful cochairman of the Bulgaria
Caucus, I appreciate Bulgarian Prime Minister Boyko Borissov
and Bulgarian Ambassador to the United States Tihomir Stoytchev
for their strong support of NATO.
As the NATO Summit in July approaches, it is important for
the Congress of the United States to confirm its commitment to
the alliance and particularly Article 5, which states that an
armed attack on one shall be considered an armed attack on all.
This commitment from the whole of NATO ensures security among
our Eastern and Central European NATO allies.
Article 5's commitment to defend members is critical with
the Russian invasion of Eastern Ukraine, and illegal occupation
of Crimea since 2014, and earlier aggression in Moldova and the
Republic of Georgia. Thankfully, President Trump has rightfully
promoted the fundamental concept of collective defense in his
historic Warsaw address. The security NATO provides the United
States and Europe has never been more critical as we promote
the European Deterrence Initiative with NATO troops deployed in
Poland, Latvia, Estonia, and Lithuania.
This morning I met with the Polish Secretary of State
Plenipotentiary of the Prime Minister, Anna Maria Anders, who
promoted a permanent American-NATO basing in Poland to support
peace through strength.
I also appreciate House Resolution 944 expressing
solidarity and sympathy of the people of Guatemala after the
June 3, 2018, eruption of the Fuego Volcano. I am grateful for
Congresswoman Norma Torres for introducing this legislation and
highlighting the ongoing plight of the Guatemalan people to
combat the destruction by the volcanic eruption. Last August I
saw firsthand the talented people of Guatemala with former
Ambassador Tony Hall, serving with the Food for the Hungry
Program, and was welcomed by Ambassador Manuel Alfredo Espina
and the courageous President Jimmy Morales.
This legislation for markup and discussion today provides
and strengthens America's national and international security,
protects Americans abroad, and promotes American values among
our friends and allies. I am grateful to support and cosponsor
all of today's markup legislation.
And I yield back my time.
Chairman Royce. Thank you, Mr. Wilson.
We go to Lois Frankel of Florida.
Ms. Frankel. Thank you, Mr. Chair, and thank you to our
ranking member, and to all the members whose bills are on deck
today, and I support them all. I want to highlight a couple of
them.
First, the Israeli Anti-Boycott Act, of which I am a
cosponsor, which would expand anti-boycott laws prohibiting
United States compliance with the Arab League boycott of Israel
to international organizations so that American companies doing
with business with Israel are protected from the efforts to
target them. And I want to thank my colleagues for making
changes to the bill that would ensure protection of First
Amendment rights.
The Boycott, Divestment, Sanctions or BDS movement
encourages economic warfare against Israel, our strongest ally
in the Middle East. And demonizing Israel harms the world's
only Jewish state but it also creates a roadblock on the path
to peace, impacting both Israelis and Palestinians.
I am going to give an example of this. After facing
mounting boycotts, SodaStream, an Israeli soda machine company,
was forced to shut down a West Bank factory, putting 600
Palestinians out of work. Ali Jafar, a shift manager,
said, quote deg., ``All the people who wanted to close
it are mistaken.'' They didn't take into consideration the
families.
Second, I want to draw attention to the UNRWA
Accountability Act. The Trump administration has frozen all
assistance to the West Bank and Gaza, including the United
Nations Relief and Work Agency, pending a review and providing
no time line or specifics to Congress. This bipartisan bill
would increase transparency and congressional oversight,
forcing the administration to report on the ongoing review
because the freeze makes no sense. Because if you want to stop
the further violence from spilling over even further, we have
to participate in humanitarian assistance.
The senior Israeli security officials have warned that if
the situation in Gaza continues to deteriorate, it could lead
to war.
And the last bill I would like to mention is the Resolution
256, which expresses support for NATO and the countries of
Central and Eastern Europe, condemns Russia's Ukraine
occupation and calls for U.S. continued support for ally
countries in Central and Eastern Europe.
Over the past 4 years I have been privileged with some of
the members here to represent the United States at the NATO
Parliamentary Assembly. And in this role, I am frequently
reminded that no man or woman is an island. Societies do not
thrive when they are isolated from others. We need our allies
to stand with us as we fight for mutually-shared democratic
values.
It was reported this morning that Mr. Trump told the
leaders, at a recent G-7 Summit, that NATO is as bad as NAFTA,
that it is much too costly for the United States. And this
President likes to call NATO obsolete. And I just want to say I
think he is flat wrong. It is so relevant today, given the
dynamics of threats we and our allies face.
At a time when the administration sows doubts about this
critical alliance, we must affirm our commitment to NATO and
reassure our Central and Eastern European partners that we will
defend them against Russian aggression.
And I yield back and, again, thank my colleagues.
Chairman Royce. I thank the gentlelady.
We go to Ted Yoho of Florida.
Mr. Yoho. Thank you, Mr. Chairman.
Before I get started, I just would like to acknowledge the
Bytyqi family again for the sacrifice that you guys have made
and your family members. Our hearts go out to you.
Chairman Royce, Ranking Member Engel, I want to briefly
address the Cyber Deterrence and Response Act. Most
importantly, I want to thank you and other original cosponsors
for supporting the bill and working so closely with our team to
create a carefully tailored and bipartisan piece of
legislation.
Without objection, I would like to submit up for the record
this letter of support from the U.S. Chamber of Commerce. As
the Chamber points out, the bill will help spotlight adherence
to international norms and deterrence to heighten the cost on
countries or the subordinates that hack the United States.
Chairman Royce. Without objection.
Mr. Yoho. It is no secret the United States urgently needs
upgrades and cyber deterrence but there are no procedures in
current law for naming and shaming state sponsored hackers and/
or linking penalties to their elicit conduct. We have spent
over a year working to make sure this legislation is consistent
with past practices, and doesn't tie the hands of the executive
branch, but will still upgrade our cyber deterrence measures by
establishing minimum penalties and ensuring the cyber actions
are implemented consistently across administrations to come.
The Cyber Deterrence Response Act also pairs very well with
Chairman Royce's Cyber Diplomacy Act which will elevate cyber
issues in the State Department. Together, these pieces of
legislation begin to lay out a much-needed national cyber
policy, and it is a proactive component to establish norms, and
a reactive component to defend our interests.
I thank you and hope my colleagues on the committee will
give their support of the bill and I yield back.
Chairman Royce. Thank you.
We go to Robin Kelly of Illinois.
Ms. Kelly. Thank you, Mr. Chairman, for including H.R. 4969
in today's markup, the Improving Embassy Design and Security
Act. Together with Mr. McCaul, I am proud to support this
important legislation that will allow for greater congressional
oversight of Embassy construction and save taxpayers money.
The State Department must balance designing a functional
space that will properly represent the United States to the
host country with the necessary security protections for the
modern age. Protecting our diplomats overseas should be a top
priority, which is why I was disappointed to see the Trump
administration budget request a 28.4 percent decrease for
fiscal year 2019 from 2018 enacted levels for Embassy security
and construction.
We heard repeatedly that the tragedy that happened in
Benghazi should not be repeated. This administration has to
make Embassy security a bigger priority. That is why I am glad
we are voting on this legislation to protect our diplomats
working overseas and prevent projects from going over cost.
I was also an original cosponsor of H. Res. 256, expressing
support for the North Atlantic Treaty Organization in the
countries of Central and Eastern Europe, which is under
consideration today. This important resolution calls for
continued U.S. support for NATO allies and the European
Deterrence Initiative.
Putin's illegal annexation of Crimea and interference in
European elections cannot be forgotten. Russia has undermined
international law and killed tens of thousands of Ukrainians.
This resolution shows Europe and NATO that the U.S. Congress
stands by our allies and will not allow Russia to threaten our
collective security.
I yield back.
Chairman Royce. Thank you, Congresswoman Kelly.
We go to Lee Zeldin of New York.
Mr. Zeldin. Thank you, Mr. Chairman. I appreciate the
committee's consideration of these bills today.
Beginning with H. Con. Res. 20, this resolution has been
introduced since 2013 regarding the execution-style murders of
Ylli, 25 years old, Agron, 23 years old, and Mehmet, 21 years
old, who were born in the United States and resided in the
greatest congressional district in America, in Hampton Bays,
First Congressional District of New York.
In July 1999, these three brothers went overseas toward the
end of the Kosovo War and were arrested by Serbian authorities
for illegally entering the country when they accidently crossed
in the Serbian-controlled territory. The brothers were
kidnapped, murdered, and dumped into a mass grave in Serbia by
government officials still serving today.
Since taking office, I have been committed to helping the
Bytyqi family receive the justice they have long deserved. They
are here today in the audience, and supported today's
resolution, and to honor their family's sacrifice.
It is absolutely reprehensible that, despite many promises
by Serbian officials to resolve the case of the state-sponsored
murder, no individual has ever been found guilty of this
horrible crime, nor of any other crimes associated with the
deaths of these innocent Americans. This is Serbian
Government's responsibility to resolve this case. And my
resolution notes that progress with this investigation should
remain a significant factor which determines the further
development of U.S.-Serbian relations.
The Bytyqi brothers gave their lives to fight injustice.
Now we must return this favor and deliver justice for their
family.
I want to thank the chair for his support in bringing this
resolution. I would like to thank the ranking member, Eliot
Engel, for all of his advocacy through the years, and all my
colleagues for supporting it.
I am also proud of the committee's consideration of H.R.
5898, the UNRWA Accountability Act, a robust bipartisan effort
with Mr. Cicilline to maintain oversight over UNRWA's
activities in the West Bank and Gaza. Over the past 6 years,
every effort to obtain transparency over UNRWA has failed with
classified reports and uncertainty regarding who is actually
responsible for conducting reviews.
We need to crack down on UNRWA and ensure that we are not
supporting a Refugee Agency that keeps millions in a permanent
state of dependency.
Our bill will provide important information to Congress
regarding the definition of refugees served by UNRWA, as well
as a strategy for burden sharing that offers the opportunity
for other regional actors to contribute evenly. We must demand
that transparency over the anti-Israel textbooks in this
program that is fueling another generation of hate.
I have read the classified reports. I have spoken to my
colleague, our colleague Scott Perry. There are other members
who are very concerned about this and there is more that we
need to be doing in the weeks, months, and years ahead. The
United States cannot support a program that goes against the
best interest of our greatest ally.
I would like to thank our committee chairman, Ed Royce, and
ranking member, Eliot Engel, for their leadership and
assistance on these important issues. I look forward to working
with my colleagues in the House and our friends in the Senate
to pass these bills.
Again, I would like to thank you, Chairman, and Ranking
Member, for your hard work in support of these bills and I
yield back.
Chairman Royce. Thank you, Mr. Zeldin.
We go to Brendan Boyle of Pennsylvania.
Mr. Boyle. Thank you, Mr. Chairman.
I am supportive of each one of these nine resolutions. I
just want to highlight one because I think that it is
incredibly important at this time in history and that is H.
Res. 256, which expresses support for the countries of Eastern
Europe and NATO.
We have led now for 70 years, through Democratic and
Republican administrations, the Western Alliance. NATO has been
the bulwark against first Soviet and then Russian expansionism.
This is something that all Americans should be very proud of.
And now that some doubt has been raised about this
country's commitment to NATO, I think that it is vital that
this committee assert itself on a bipartisan basis to speak out
with one voice that we support NATO, that we support our
allies, especially in Central and Eastern Europe, as they
continue to deal with Russian attacks, whether they are a
physical force, like our friends in Ukraine are experiencing
today, or they are in the cyber realm.
So I am proud to support this. I applaud my fellow
cosponsors, both Democrats and Republicans.
And with that, I yield back.
Chairman Royce. Thank you, Mr. Boyle. We agree with your
point.
We go now to Mr. Mike McCaul of Texas.
Mr. McCaul. Thank you, Mr. Chairman. Thank you for holding
today's markup.
I am pleased to have bill H.R. 4969, the Improving Embassy
Design and Security Act considered today.
Mr. Chairman, in 1998, terrorists, at the direction of
Osama bin Laden, bombed U.S. Embassies in Kenya and Tanzania,
killing over 220 people and injuring 4,000 more. This assault
foreshadowed bin Laden's intention to attack America and
demonstrated we need to seriously reassess our Embassies'
security.
That is why, in 1999, Congress adopted a standard Embassy
designed for our missions abroad. This design improved
security, expedited construction, and saved money. For 20
years, this design template has been key in mitigating attacks.
We have also saved taxpayer dollars through bypassing expensive
architectural bids.
However, recently, we have deviated from the standard
Embassy design in favor of projects prioritizing aesthetics.
While I certainly appreciate the desire for our Embassies to
have a presentable facade, we must prevent a repeat of Kenya
and Tanzania.
To that end, my bill will require the State Department to
provide Congress with justification, should an Embassy or
consulate project not use a standard design. Embassies are the
physical representation of the United States abroad. Providing
security for our diplomats should be our number one priority. I
think, if anything, Benghazi certainly demonstrates that. So I
believe my bill is a good step toward achieving that goal.
And thank you, again, Mr. Chairman, for moving these bills
through the committee.
Chairman Royce. Thank you, Chairman McCaul.
We go to Norma Torres of California.
Mrs. Torres. Thank you, Chairman Royce and Ranking Member
Engel, for your hard work on these bipartisan bills. I support
all of these measures and I can't say enough about the work
that you two do, the bipartisan work that both of you do
together, and how this committee performs on an ongoing basis.
In particular, I am glad that we are considering H.R. 1697,
the Israel Anti-Boycott Act. For too long, Israel has been
unfairly singled out at the United Nations and elsewhere. No
country is perfect. All of us can do better but the criticism
of Israel is simply not proportionate to its flaws.
This bill is an important effort to address that problem
and I thank the chairman and the ranking member for their hard
work to address some of the First Amendment concerns that have
been raised.
I also want to thank the chairman and ranking member for
bringing up House Resolution 944. And I was thrilled to have
the opportunity to work with Chairman Smith on this resolution,
which expresses sympathy for the victims of the recent volcanic
eruption in Guatemala, and I appreciate several members of this
committee joining us as cosponsors. We all care deeply about
the beautiful country of Guatemala and I am encouraged that we
can join together in support of the victims.
According to the latest figures from the Guatemalan
Government, 112 people were killed by this volcano eruption,
5,923 have been evacuated, 197 missing, and 29 were injured.
People across Guatemala and the international community have
joined together in a relief effort. The U.S. Government worked
to transfer six children who were burn victims, the youngest
only 1 year and 8 months old, to the Shriners Hospital in
Galveston, Texas.
USAID has announced $300,000 in initial funding for relief
efforts and I have read stories of volunteers from those
communities that were mostly affected who have taken upon
themselves to search for victims or the bodies of their
relatives and friends. Just the other day I had the opportunity
to sit down with Chef Jose Andres, who is doing tremendous work
getting food to those who need it, especially the hardworking
first responders that are saving many lives every day.
We have seen countries across the region, Honduras, Mexico,
and from across the entire world, strong allies like Israel and
Taiwan, send aid as well. It is encouraging to see so many
people who are concerned about the victims but we can't lose
focus on this issue, and we must remain vigilant to ensure that
the victims get the help they need, and are able to reestablish
their lives in Guatemala. Otherwise, we could see this volcanic
eruption lead to yet another wave of refugees at our border.
I urge all of the Members here in Congress to help continue
to encourage USAID to do all that they can do to help these
victims relocate within the Guatemalan border.
So I, again, thank the chairman and the ranking member and
I urge my colleagues to support this important measure.
And I yield back.
Chairman Royce. Thank you, Congresswoman Torres.
Now we go to the author of the RAWR Act and, from the
title, I presume wildlife protection and Katy Perry fan, Dan
Donovan of Staten Island.
Mr. Donovan. I will take care for that credit, Mr.
Chairman.
Mr. Chairman, I am proud to sponsor the RAWR Act, Rescuing
Animals with Rewards, H.R. 6197. The RAWR Act will help ensure
that eliminating the terrorist and transnational criminal
organizations engaged in wildlife trafficking and poaching will
be a top rewards priority.
Combating terrorism is of the utmost importance, not just
to my constituents, not just to New Yorkers, but to the entire
nation. It is an issue that reaches across the aisle. My
district on Staten Island and South Brooklyn, which is home to
many of New York City's bravest and finest, suffered hundreds
of first responder casualties on September 11th of 2001. Since
then, New York remains the world's top terror target.
As a nation, we have become more resilient and determined
to mitigate threats but, as we have choked off other sources of
money, terrorists have increasingly turned to wildlife
trafficking as a way to fund their heinous endeavors. Any step,
no matter how incremental, we can take that will lead to the
capture and conviction of anyone engaged in wildlife
trafficking, especially terrorists, is a step in the right
direction.
I thank you, Mr. Chairman, for your support on this bill
and I thank my friend from the other side of the aisle, Mr.
Castro, for co-leading with me. I would also like to thank the
staff at the Foreign Affairs Committee, who have put much
excellent work into this bill.
And with that, Mr. Chairman, I yield back.
Chairman Royce. And with that, we will go to Mr. Castro.
Mr. Castro. Thank you, Chairman. Thank you, Representative
Donovan, for your work and your partnership on the bill, and to
the other members of the committee on their bills.
I do want to raise a concern with H.R. 1697, which is that
I basically think that the bill is written a bit too vague and
it is too broad. It mentions that the President is going to
come up with regulations to protect nations that are friendly
to the United States but doesn't go on to define exactly which
nations those are.
The reason that I think that it is problematic is because
this administration, including the President, on any
controversial issue of foreign policy, have essentially given
us two, or three, or four, or five different answers. Sometimes
the President has given different answers himself on the same
subject. So I hope that between now and the time that the bill
goes on the floor, perhaps there can be some more definition.
I would also feel more comfortable if Congress had some say
over this, rather than essentially, right now, expanding the
foreign policy power of this President, who I believe in many
ways has been irresponsible with that power.
I yield back.
Chairman Royce. Thank you. We go to Brad Schneider of
Illinois.
Mr. Schneider. Thank you, Mr. Chairman. Mr. Chairman and
Ranking Member, thank you for holding today's markup.
I commend my colleagues for working on the legislation
before us today. In particular, I appreciate the efforts of my
good friend from Florida, Ted Yoho, on his bill, H.R. 5576, the
Cyber Deterrence and Response Act of 2018. This bill will help
protect our country from cyber-attacks by requiring the
President to designate foreign persons and entities responsible
for state-sponsored cyber threats. This bill would also require
the President to publish and regularly update this list and,
finally, impose sanctions.
We know there are malicious actors out there right now
seeking to target the United States. Russia's efforts to
interfere in our 2016 election was only the beginning, as we
have heard from our intelligence community that serious threats
remain.
Earlier this year, the Director of National Intelligence
stated that Russia, China, Iran, and North Korea will pose the
greatest cyber threats to the United States during the next
year. Our Government must do more to protect our election
infrastructure and seek to ensure the integrity of every
citizen's vote.
I would also like to express my appreciation for the work
of my colleagues in updating H.R. 1697, the Israel Anti-Boycott
Act. I am a cosponsor of this bill that declares it is United
States policy to oppose boycotts imposed by international
government organizations against countries that are friends to
the United States. This bill solely covers commercial activity
and does nothing to limit the rights of individuals protected
by the First Amendment.
Finally, I would like to commend the work of my colleagues,
David Cicilline and Lee Zeldin, for their work on H.R. 5898,
the UNRWA Accountability Act, and to associate myself with the
sentiment in the bill expressing the sense of Congress that the
administration should complete its reviews of U.S. assistance
programs for the West Bank, and Gaza, and UNRWA. This bill also
calls for a long-term strategy for policy toward UNRWA and will
help us better understand the reforms the administration has
called for, how they plan to address the humanitarian needs
currently covered by UNRWA, and the impact any policy changes
will have on broader regional security and stability, including
specifically toward Israel.
Once again, I thank the chairman and ranking member for
holding today's hearing.
And with that, I yield back.
Chairman Royce. We go now to David Cicilline of Rhode
Island.
Mr. Cicilline. Thank you, Mr. Chairman. I want to thank you
and the ranking member for holding this markup and for
including the UNRWA Accountability Act, which I introduced with
my colleague, Mr. Zeldin, on the list of bills being considered
today.
Holding a markup on this bill is a testament to the
bipartisanship of this committee and the leadership of Chairman
Royce and Ranking Member Engel. As we all know, UNRWA can be a
controversial topic here in Congress but we have been able to
come together to support a bill that will reassert
congressional oversight for funding programs to UNRWA, and the
West Bank, and Gaza.
In January, the Trump administration announced that it was
holding any further funding for UNRWA, the United Nations
Relief and Works Agency for Palestinian Refugees, which is the
U.N. agency responsible for carrying out assistance programs
for Palestinian refugees. Today, there are roughly five million
Palestinians eligible for UNRWA services in the West Bank,
Gaza, Lebanon, Syria, and Jordan. We have also been recently
informed by the administration officials that all future
assistance for the West Bank and Gaza has been put on hold
pending review as well.
This legislation will assert proper congressional oversight
of the administration's review of funds to UNRWA, and
assistance to the West Bank and Gaza, and ensure that details
of the review process are provided in a timely manner in what,
so far, has been a review with no discernable process or time
line. It will do this by requiring that the administration
submit two reports to Congress detailing the status of the
reviews within 45 days.
To be clear, I believe that funding for these bilateral
programs and for UNRWA, funding which has been appropriated by
Congress, should be resumed immediately. There is no reason why
it is necessary to hold funding while conducting the review.
And any decisions made as a result of the review can be carried
out in the new fiscal year with appropriate coordination with
Congress. Congress has repeatedly sought details about the
ongoing reviews from administration officials but very little
has been provided.
Meanwhile, the situation of Palestinian refugees,
particularly in Gaza, is getting more dire by the day. For
example, UNRWA has said that it currently faces a $250 million
shortfall for 2018 and, despite taking measures to limit
expenditures, will be unable to open all of its 700 schools on
time in August. Hamas has offered to take over administration
of Palestinian schools in Gaza, should UNRWA be unable to do
so.
UNRWA doesn't have funding to support food rations for the
final quarter of the year, which will leave hundreds of
thousands of Palestinians without the ability to meet their
nutritional needs.
The unemployment rate in Gaza is nearly 50 percent and
UNRWA is about to terminate 3,000 short-term contracts due to
budget shortfalls, leaving even more families without the means
to support themselves.
The freeze of bilateral assistance programs in the West
Bank and Gaza, which are largely carried out by NGOs is also
having a devastating impact. For example, Catholic Relief
Services has said that 140,000 individuals in Gaza will lose
emergency assistance and they will be forced to lay off 90
staff members by September.
American Near East Refugee Aid reports that if the freeze
continues, 71,000 people will lose access to projects improving
water, sanitation, schools, and other critical facilities.
These are just a few examples of the real-world impact that the
current freeze of funds is having on Palestinians.
I ask the chairman for unanimous consent to place two
documents into the record. The first is a program budget and
Gaza field update provided by UNRWA and the second is a
compilation of information from NGO's working in Gaza and the
West Bank entitled NGO Programs in Gaza and the West Bank
Impact by Funding Hold During Administrative Review as of June
15, 2018.
Chairman Royce. Without objection.
Mr. Cicilline. Thank you, Mr. Chairman.
Whatever criticisms we have UNRWA and the Palestinian
leadership, and there are many valid ones, it is contrary to
American interests and the interests of Israel to exacerbate
this humanitarian crisis. If the administration is seeking
structural changes to UNRWA, they must seek them at the United
Nations General Assembly, which is the only body that can alter
UNRWA's mandate.
If they want to see alternatives to UNRWA for American
assistance delivery, they should do so in a concerted and
transparent way that does not leave a devastating funding gap
for Palestinian humanitarian assistance.
And if they desire reforms that UNRWA can undertake
internally, they should submit those reforms to UNRWA and begin
a conversation about how they can be achieved. I would note
that there is a formal process for this and the Trump
administration signed a new framework for cooperation between
the United States and UNRWA in December 2017, which lays out a
series of shared goals and priorities for UNRWA and the United
States.
I would like to submit this document into the record and
ask unanimous consent to do so.
Chairman Royce. Without objection.
Mr. Cicilline. Rather than take a series of thoughtful and
coordinated steps in order to lay out and address their
concerns with UNRWA, the administration has acted in a way that
suggests to me that they intend to use the increasingly dire
humanitarian situation in Gaza and the West Bank as a stick to
try to force Palestinian acquiescence to Jared Kushner peace
plan. This is not only cruel, it is bad policy.
As the United States slows or stops its contributions to
UNRWA, we must understand that other actors will fill the gap.
Countries like Saudi Arabia, Iran, and Qatar will not ask for
strict oversight of UNRWA's school curriculum or the abuse of
UNRWA resources by Hamas. If we give up our position as a
donor, we also give up our influence.
This is a dangerous game. If you don't believe me, believe
the current Chief of Staff of the Israeli Defense Forces, Gadi
Eizenkot, who said in an interview earlier this year that the
likelihood of escalation to the point of war has increased
substantially between Gaza and Israel, in part because of the
cuts to UNRWA funding. And I would like to ask unanimous
consent to place that article in the record as well.
And Mr. Chairman, just in closing, I know many of my
colleagues on both sides of the aisle have deep concerns about
the functions of UNRWA, about Hamas' role in Gaza, and about
the Palestinian leadership's commitment to achieving peace. I
share many of these concerns and I think this body has taken
many steps to address these issues but we shouldn't throw the
baby out with the bath water and I am glad that today we were
able to consider a bipartisan piece of legislation that will
bring some order and timeliness to this review process and
expert proper congressional oversight of our foreign
assistance.
And I want to thank all of my colleagues for their support
of this legislation and particularly thank Mr. Zeldin for
working across the aisle to ensure this issue receives due
consideration by this body.
And I thank the chairman for his indulgence and yield back.
Chairman Royce. Thank you.
We go to Ted Poe of Texas.
Mr. Poe. Thank you, Chairman.
I support all of these pieces of legislation before us,
except the last one from Mr. Zeldin, and I have some questions.
He is not here but maybe Mr. Engel can yield for a question or
two regarding H. Con. Res. 20.
Mr. Engel. Sorry. Certainly.
Mr. Poe. It is my understanding that there have been some
prosecutions. Those people were tried, they were found not
guilty, and upheld on appeal. Is that right or wrong?
Mr. Engel. Yes, I am not sure. I don't know of any.
Mr. Poe. All right. According to the--anyway, I believe
that has occurred. I will take back my time.
But my concern, Mr. Chairman, is the fact that we, in this
H. Con. Res., and I will make it very clear, being a former
judge, criminals need to be prosecuted and prosecuted wherever
they commit these crimes in the world.
I do believe that Serbia is moving to try to find at least
the one person that has been mentioned in the resolution itself
and prosecute. But be that as it may, I don't think that the
answer to getting Serbia to prosecute these outlaws is to not
have a relationship with the country of Serbia. I think we can
only solve these problems if we have a relationship with
countries, not if we break off relationships with these
countries.
So for that reason, I would not support this H. Con. Res.
Chairman Royce. Would the gentleman yield?
Mr. Poe. Absolutely.
Chairman Royce. I thank the judge for yielding. I would
point out that in this particular case, although charges were
brought at one point--yes, charges were brought momentarily
against two individuals but swiftly those charges were then
again dropped.
There was another case, as you say, where charges were
brought on a third individual but that individual passed on. So
it became a moot point.
The point I would make is that we can engage, we can have a
relationship with states but, at the same time, retain our
rights on behalf of our own citizens. So in this particular
circumstance, we have three American citizens hiking on the
border, who cross over the border from Albania to Serbia, and
then are killed by a death squad.
It is, I think, under this set of circumstances, the fact
that no one has been brought yet to the bar of justice these
many years after, altogether appropriate upon reflection here,
I think, given that set of circumstances, that we move a
resolution. And remember that as this resolution was written,
we did try to incorporate this particular perspective, Your
Honor. Judge, we did recognize recent improvements in U.S.-
Serbia relations in the text in order to try to be balanced. We
added: Whereas, in the following years, the political
leadership of Serbia has worked to strengthen democratic
institutions--I think that is an important point, strengthen
democratic institutions--to develop stronger adherence to the
rule of law, and to ensure respect for human rights and
fundamental freedoms, including as the Federal Republic of
Yugoslavia evolved into a State Union of Serbia and Montenegro
in February 2003, which itself dissolved--okay.
So the point is that we have included that language but, at
the end of the day, we are left with three Americans whose
lives were taken by a paramilitary unit and nothing done by the
state to hold someone ultimately accountable. For that, I think
it is quite understandable and quite proper that we move
forward and speak on behalf of those Americans.
I yield back.
Mr. Poe. Reclaiming my time, once again, where crimes are
committed, wherever they happen in the world, especially
against Americans, we ought to go get the outlaws. We ought to
have that country help get the outlaw.
But just reading the resolution as it is written, it states
that there were two individuals that were tried and found not
guilty, and they appealed their case, and the appellate court
upheld the acquittal on those two individuals.
But my concern is not that. My concern is how we, as a
nation, go after encouraging Serbia to correct this mistake,
correct this crime, rather, and make sure people are brought to
justice. And I am concerned about how our diplomatic relations
should not decrease. They should increase.
So that is the concern I have--the way that it is addressed
in the resolution, how we find justice for these three
individuals. Certainly, the criminals needs to be brought to
justice.
So I will yield back, Mr. Chairman.
Mr. Engel. Mr. Chairman?
Chairman Royce. Mr. Engel.
Mr. Engel. I am wondering if I can get some time to comment
on this.
Chairman Royce. Mr. Engel.
Mr. Engel. Thank you, Mr. Chairman.
When Secretary Tillerson was still Secretary of State and
came before this committee, I just want to read into the record
an exchange that I had with him.
I said that I am deeply concerned with the lack of justice
for murders and crimes committed by the Government of Serbia
during and after the Kosovo War. And particularly, there have
been no charges brought against anyone for the murders of three
American citizens, the Bytyqi brothers, despite widespread
understanding of who was behind them.
Serbian President Vucic and Acting Prime Minister Dacic
have promised very senior U.S. Government officials for many
years that they would bring to justice the perpetrators of this
crime and the crime of burning our Embassy in 2008. They both
also made these promises to me.
On January 31st of this year, the respected Humanitarian
Law Center of Belgrade released a dossier called, ``The Cover-
Up of Evidence of Crimes During the War in Kosovo: The
Concealment of Bodies Operation.'' This report described mass
graves in Serbia containing the bodies of 941 Kosovo Albanians,
mainly civilians killed outside combat situations in Kosovo,
during 1999. According to the report, and I quote, the evidence
corroborated the decision to conceal evidence of crimes
committed was planned as early as March 1999 at the highest
level of the government, and indicated that members of both
departments of the Serbian MUP, which is the State Security
Department, Public Security Department, and the Yugoslav's Army
Departments in charge of clearing up the terrain--I think that
is a quote--were involved in it.
The murder and mass burial of almost a thousand innocent
civilians is a crime against humanity but the perpetrators have
gone unpunished. It is long past time for Belgrade to face
these facts and bring to justice the people, including high
officials in its government, who are behind these very serious
crimes.
At the same time, the Serbian stalling and stonewalling has
brought no adjustment in policy from the United States and the
European Union's willingness to proceed with Serbia's accession
process to the EU has been unaffected. This has to stop. It has
to stop now until Serbia bring those who have committed these
serious crimes to justice. The EU should not move ahead with
Belgrade's accession process and the United States should think
twice before advancing our relations with Serbia.
And I asked: What is the United States doing to press
Serbia to bring to justice the murderers of the Bytyqi
brothers, those who burned the United States Embassy, and those
who murdered and buried in mass graves almost a thousand
innocent Kosovo civilians, with the ICTY, which is I-C-T-Y, no
longer accepting any new cases and closing down at the end of
this year, and Serbia seemingly unwilling to prosecute anyone
for these grave offenses? Will you support a new international
or special tribunal similar to that which was established in
Kosovo to prosecute those responsible?
And Secretary Tillerson answered: We share your frustration
with a lack of progress in the Bytyqi case, and the slow
progress in the 2008 Embassy burning case, and raised the issue
with Serbian officials at all levels of government, including
with Serbian President Aleksandar Vucic. We have also informed
Serbian officials that these issues stand in the way of closer
bilateral relations.
Serbia recently appointed a new special war crimes
prosecutor. The position had remained vacant for almost a year
and a half. And we have called for the Bytyqi case to be a
priority in her work. We are hopeful that this appointment will
serve to advance the investigation and prosecution of those
responsible for the Bytyqi murders.
And I think I will end here.
Mr. Poe. Will the gentleman yield?
Mr. Engel. Certainly.
Mr. Poe. I don't quarrel with anything that you have said
regarding what has happened in the war crimes and the incidents
throughout history.
My concern is if we diminish our relationship with Serbia,
getting an answer to all of these questions that you have
brought up--I don't think will increase. I think it is a
mistake to decrease relations with Serbia. I think we need to
increase those relations so that we can get resolution to all
of the things that you have mentioned.
So I will yield back to the gentleman and I thank him for
his comments.
Mr. Engel. Let me just say very quickly to the gentleman,
who is my friend, and who I have a lot of respect for, the
frustration is that it has been 19 years and nothing seems to
happen, whether we have good relations, or bad relations, or
anything like that. And so it is very frustrating.
I had an ironclad promise face-to-face by the head of
Serbia, Mr. Vucic, who told me it would take him a month and it
has been much more than a year now. So it is just a
frustration. I know the gentleman has worked very hard in
trying to improve relations in that part of the world and
improve relations with countries and the United States but it
is just coming to a head and is very, very frustrating.
But I understand the gentleman's points.
Chairman Royce. Noting we are halfway into the vote on the
floor, we must go to Mr. Gerry Connolly of Virginia.
Mr. Connolly. Thank you, Mr. Chairman.
And knowing that, let me just say I want to associate
myself with the remarks Mr. Cicilline on humanitarian crisis.
By defunding or freezing funding for UNRWA is not going to add
anything in terms of stability in the Middle East and it is not
a friendly act to Israel.
So I certainly associate myself with him and support H.R.
5898.
I just wanted to thank the chairman, and ranking member,
and the author of the bill H.R. 5576 for accepting my
amendment, which is adding Russia as an identified cyber bully.
Nobody has interfered, historically, in American elections with
the breadth and scope of Russia. We need to take cognizance of
that.
The Trump Treasury Department did just that in announcing
sanctions in March against five Russian entities and 19 Russian
individuals, pursuant to Executive Order 13694 and the
overwhelmingly passed bipartisan bill Countering America's
Adversaries Through Sanctions Act.
So I thank my colleagues for accepting the amendment. I
think it is an important statement for us and I intend to
support the motions before us.
I yield back.
Chairman Royce. And we thank you for your contribution to
the bill with that amendment, Mr. Connolly.
Mr. Connolly. I thank you and I yield back.
Chairman Royce. Hearing no further requests for
recognition, the question occurs on items considered en bloc.
All those in favor say aye.
All those opposed, no.
In the opinion of the chair, the ayes have it and the
measures considered en bloc are agreed to.
Without objection, each measure in the en bloc is ordered
favorably reported, as amended, as a single amendment in the
nature of a substitute, and staff is directed to make any
technical and conforming changes, and the chair is authorized
to seek House consideration under suspension of the rules.
That concludes our business today and I want to thank, of
course, all our members here, and Ranking Member Engel for your
contributions and assistance with today's markup.
The committee is adjourned.
[Whereupon, at 11:36 a.m., the committee was adjourned.]
A P P E N D I X
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Material Submitted for the Record
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Material submitted for the record by the Honorable Ted S. Yoho, a
Representative in Congress from the State of Florida, and chairman,
Subcommittee on Asia and the Pacific
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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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Material submitted for the record by the Honorable David Cicilline, a
Representative in Congress from the State of Rhode Island
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Material submitted for the record by the Honorable David Cicilline, a
Representative in Congress from the State of Rhode Island
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Material submitted for the record by the Honorable David Cicilline, a
Representative in Congress from the State of Rhode Island
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