[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] SUPPORTING THE DEMOCRATIC AND EUROPEAN ASPIRATIONS OF THE PEOPLE OF UKRAINE, AND THEIR RIGHT TO CHOOSE THEIR OWN FUTURE FREE OF INTIMIDATION AND FEAR; AND THE UNITED STATES-ISRAEL STRATEGIC PARTNERSHIP ACT OF 2013 ======================================================================= MARKUP BEFORE THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION ON H. Res. 447 and H.R. 938 __________ JANUARY 29, 2014 __________ Serial No. 113-105 __________ Printed for the use of the Committee on Foreign Affairs Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or http://www.gpo.gov/fdsys/ ---------- U.S. GOVERNMENT PRINTING OFFICE 86-467 PDF WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON FOREIGN AFFAIRS EDWARD R. ROYCE, California, Chairman CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American DANA ROHRABACHER, California Samoa STEVE CHABOT, Ohio BRAD SHERMAN, California JOE WILSON, South Carolina GREGORY W. MEEKS, New York MICHAEL T. McCAUL, Texas ALBIO SIRES, New Jersey TED POE, Texas GERALD E. CONNOLLY, Virginia MATT SALMON, Arizona THEODORE E. DEUTCH, Florida TOM MARINO, Pennsylvania BRIAN HIGGINS, New York JEFF DUNCAN, South Carolina KAREN BASS, California ADAM KINZINGER, Illinois WILLIAM KEATING, Massachusetts MO BROOKS, Alabama DAVID CICILLINE, Rhode Island TOM COTTON, Arkansas ALAN GRAYSON, Florida PAUL COOK, California JUAN VARGAS, California GEORGE HOLDING, North Carolina BRADLEY S. SCHNEIDER, Illinois RANDY K. WEBER SR., Texas JOSEPH P. KENNEDY III, SCOTT PERRY, Pennsylvania Massachusetts STEVE STOCKMAN, Texas AMI BERA, California RON DeSANTIS, Florida ALAN S. LOWENTHAL, California TREY RADEL, Florida--resigned 1/27/ GRACE MENG, New York 14 deg. LOIS FRANKEL, Florida DOUG COLLINS, Georgia TULSI GABBARD, Hawaii MARK MEADOWS, North Carolina JOAQUIN CASTRO, Texas TED S. YOHO, Florida LUKE MESSER, Indiana Amy Porter, Chief of Staff Thomas Sheehy, Staff Director Jason Steinbaum, Democratic Staff Director C O N T E N T S ---------- Page MARKUP OF H. Res. 447, Supporting the democratic and European aspirations of the people of Ukraine, and their right to choose their own future free of intimidation and fear........................... 2 An amendment in the nature of a substitute to H. Res. 447 offered by the Honorable Eliot L. Engel, a Representative in Congress from the State of New York.......................... 7 An amendment to the amendment in the nature of a substitute to H. Res. 447 offered by the Honorable Eliot L. Engel.......... 18 H.R. 938, United States-Israel Strategic Partnership Act of 2013. 26 An amendment in the nature of a substitute to H.R. 938 offered by the Honorable Ileana Ros-Lehtinen, a Representative in Congress from the State of Floria, and the Honorable Theodore E. Deutch, a Representative in Congress from the State of Florida...................................................... 35 An amendment to H.R. 938 offered by the Honorable Christopher H. Smith, a Representative in Congress from the State of New Jersey....................................................... 49 APPENDIX Markup notice.................................................... 54 Markup minutes................................................... 55 Markup summary................................................... 57 The Honorable Albio Sires, a Representative in Congress from the State of New Jersey: Prepared statement........................ 58 The Honorable Tom Cotton, a Representative in Congress from the State of Arkansas: Prepared statement.......................... 59 The Honorable Lois Frankel, a Representative in Congress from the State of Florida: Prepared statement........................... 60 The Honorable Doug Collins, a Representative in Congress from the State of Georgia: Prepared statement........................... 61 SUPPORTING THE DEMOCRATIC AND EUROPEAN ASPIRATIONS OF THE PEOPLE OF UKRAINE, AND THEIR RIGHT TO CHOOSE THEIR OWN FUTURE FREE OF INTIMIDATION AND FEAR; AND THE UNITED STATES-ISRAEL STRATEGIC PARTNERSHIP ACT OF 2013 ---------- WEDNESDAY, JANUARY 29, 2014 House of Representatives, Committee on Foreign Affairs, Washington, DC. The committee met, pursuant to notice, at 9:41 a.m., in room 2172, Rayburn House Office Building, Hon. Ed Royce (chairman of the committee) presiding. Chairman Royce. This meeting will come to order. We will ask all members to take their seats. And pursuant to notice, we meet today to mark up two strongly bipartisan measures. Without objection, all members may have 5 days to submit statements for the record and also to submit any extraneous materials on any of today's business. And I am going to remind members that we will soon face votes on the floor. We now call up House Resolution 447, the ranking member's Ukraine resolution. The clerk will report the title of the bill. Ms. Marter. H. Res. 447, Supporting the democratic and European aspirations of the people of Ukraine, and their right to choose their own future free of intimidation and fear. ``Whereas a democratic, prosperous, and independent Ukraine is in the national interest of the United States; ``Whereas closer relations with the European Union through the signing of an Association Agreement will promote democratic values''---- Chairman Royce. Without objection, the measure is considered read. The Engel amendment in the nature of a substitute that was provided to your offices Monday morning is considered base text for the purposes of the markup. [The information referred to follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Royce. It is open for amendment at any point, and after my brief remarks, I am going to recognize the ranking member and then any other member seeking recognition to speak on this resolution. Ukraine is a country of quite strategic significance for us in the United States. Its stability, its continued economic development are very important to our national interests. The Ukrainian people's determination to ensure basic human rights and freedom for themselves and their country has been inspiring. It is a country with a long tortured history. The determination that we have seen there is being demonstrated by the hundreds of thousands of Ukrainian citizens who have peacefully taken to the streets in defense of their rights. This protest movement began with the decision by President Yanukovych not to deepen economic engagement with the European Union, but it has since become a struggle between those who want a democratic future based on the rule of law for Ukraine and those who are prepared to use violence to turn back the clock. And in this particular resolution, we call upon all factions to ratchet down the use of any violence. Events are changing by the hour, at times threatening a dissent into chaos and at others offering the possibility of a peaceful resolution to the crisis. This resolution comes at a decisive moment in that contest. I commend the ranking member for his efforts to ensure that the Congress clearly state our support for a peaceful outcome to this crisis. He is an individual who has had a great deal of focus since the fall of the Berlin Wall, frankly, on the Ukraine, and knows from personal experience the costs of the tortured history of the Ukraine. His own grandmother disappeared there during those turbulent times, and many, many Americans now turn their focus on what they can do in order to try to bring some order out of this chaos so that the hopes and aspirations of the people of the Ukraine for democracy can truly be realized. Mr. Engel. Mr. Engel. Mr. Chairman, thank you so much for holding this markup today and, as I always like to point out, for working with us in a bipartisan manner on both of the measures under consideration. I strongly support H. Res. 447, a bipartisan resolution I authored that supports the democratic and European aspirations of the people of Ukraine and their right to choose their own future. As a longstanding advocate of a democratic, prosperous, and independent Ukraine, I was very disappointed by the Ukrainian Government's decision last November to reject an offer from the European Union for closer economic and political ties. This decision derailed years of hard work as well as the prospects for long-term economic growth and stronger democratic institutions that would result from enhanced relations with the European Union. More immediately, it sparked massive demonstrations in Kyiv and throughout the country. Hundreds of thousands of Ukrainians have come out in the streets to show their support not only for closer relations with Europe but also more fundamentally for democracy, more accountable government, human rights and basic human dignity. The fact that the protests have been overwhelmingly peaceful makes them all the more impressive. Unfortunately, there have been exceptions, including police violence on several occasions in November and December, the beatings and abductions of journalists and civil society activists, and the most recent and tragic violence following the January 16th passage of antidemocratic laws by Ukraine's Parliament. I strongly condemn all acts of violence. It is imperative that all sides exercise restraint and avoid confrontation. My sympathies are certainly with the demonstrators, but I think we have to monitor the situation carefully because allegations of anti-Semitic acts and plays coming from some of the demonstrators is very disturbing, and of course, we will not stand for that. Individuals must behave responsibly, and the authorities in particular must respect and uphold the democratic rights of all citizens. And those who authorize or engage in violence should be held personally accountable for their actions, including by targeted sanctions, if appropriate. That is why I welcome the recent actions by the Department of State to revoke the visas of several individuals linked to the violence. Following the dramatic increase in tensions this month, the most recent developments in Ukraine give some cause for hope. I welcome the repeal of most of the antidemocratic measures and the fact that meaningful talks appear to have begun between the government and opposition leaders, but the situation in Ukraine remains very volatile and more needs to be done. I have a particular interest in Ukraine since my four grandparents were born there. They left for America 100 years ago and more, and again, I think that a number of us are very concerned with some of the anti-Semitic rants we have heard from some of the demonstrators who otherwise seem to be well- intentioned. I commend the efforts of the administration and our European partners to de-escalate tensions and believe that we must remain engaged, and once again, at this critical moment of Ukraine's history I urge all parties to continue the substantive and sustained dialogue that is essential to resolve the crisis and address the desire of millions of Ukrainian citizens for a democratic European future. Thank you, Mr. Chairman. Chairman Royce. We thank the ranking member not only for his long engagement and leadership on this issue, but also this legislation. Do any other members seek recognition? Mr. Smith? Mr. Smith. Mr. Chairman, thank you very much, and I wanted to thank you for again bringing up in a very bipartisan way resolutions that reflect very deeply held convictions on the part of Members of both sides of the aisle. I want to thank Mr. Engel, the ranking member, for sponsoring this. I think it really raises an issue at an extremely important time. I was in the Ukraine last year. I was in Kyiv. There are areas where we have had cooperation with the Yanukovych government, especially with his Foreign Minister, who was the chair at office for the OSCE (the Organization for Security Cooperation in Europe). I was actually there on an anti-human-trafficking effort, and it was like I said, tremendous cooperation, but on the whole list of human rights concerns, the Yanukovych government has fallen far short, and the people who are demonstrating, as you pointed out so correctly, Mr. Chairman, on the Maidan, this isn't just about European integration or taking steps in that direction. It is far larger. Basic fundamental human rights need to be respected, freedom of the press. We still have a number of outstanding political prisoners that need to be released, so I think, again, this raises the issue at a very timely time that we stand in solidarity with the people who are on the streets, and I want to especially note and underscore with emphasis how strong the church is and the churches and the other parts of the faith community in saying no violence. They have literally, many of the bishops, the metropolitans and others, stood right in the crosshairs of what could have been a very violent situation to admonish the leadership and the guys with the guns not to shoot. So that shows tremendous courage. Wonderful resolution. Chairman Royce. Thank you, Mr. Smith. Mr. Cicilline. Mr. Cicilline. Thank you, Mr. Chairman. I want to thank you and Ranking Member Engel for your leadership and for the bipartisan manner in which we are marking up these bills today. In particular, I would like to thank the committee for this vote on House Resolution 447, Supporting the democratic and European aspirations of the people of Ukraine and the right to choose their own future free of intimidation and fear. The resolution stresses the importance of the adoption of democratic social norms in Ukraine and in the region and supports the democratic aspirations of the people of the Ukraine. Over the past several years, we have seen some impressive improvements in human rights. However, the situation for lesbian, gay, bisexual, and transgender individuals continues to be a cause for concern. The rampant and unacceptable state-sponsored homophobia we are witnessing in neighboring Russia is slowly invading Ukraine as well. Russian President Putin's allies in Kyiv have sought to introduce similar legislation in the Ukrainian Rada to ban so-called homosexual propaganda, which does nothing more than limit the fundamental freedoms of association, speech, and assembly for all Ukrainians, regardless of sexual orientation or gender identity. Ukrainian authorities have a clear choice to make. They can move closer to the European Union, toward openness, prosperity, and the rule of law or they can return to the old days when the only rule that mattered was the rule from Moscow. I commend the committee for bringing this important resolution forward. The citizens of Ukraine, including her LGBT citizens, deserve much, much better, and they should know we stand with them. I again thank you, Chairman and Ranking Member, for moving this important piece of legislation forward. I look forward to its passage. I yield back. Chairman Royce. Mr. Rohrabacher. Mr. Rohrabacher. Well, I hate to be the only one opposing this, but I think that honesty requires us sometimes to step forward and say that certain things aren't true that everybody seems to accept. We are talking about the rule of law. Who won the last election in Ukraine? The people who won the last election in Ukraine are the ones who should be making policy in Ukraine. Our resolution here suggests that the people are very upset because their President abruptly suspended negotiations when talking about joining the EU or going in that direction. How do we know what demands were made on that President? Are we backing up some big European banking system that made some demand on the Ukraine? Is that what we are doing? We don't even know why they abruptly ended that negotiation, and all we know is that that government was elected by the people of the Ukraine, and now we are siding with people who want to superimpose their positions on Ukraine. If they don't like the policies of this government, they should elect another government the next time they get a chance and reverse the policy, and instead they have been in the streets trying to use brute force, and who says that the government was the first one to use violence in this? We don't know that. I have been watching this situation as closely as anybody. And for all we know, the demonstrators, there were people in the demonstrations, and Eliot has already mentioned that there are some rogue elements in this whole confrontation. On the side of the demonstrators, there are pretty unsavory people, just as we know in the government they have got a bunch of unsavory people there as well. The question is, should the United States Government be telling them that joining the EU is what is good for them, no matter what demands the EU is making on Ukraine? Let's quit trying to tell these people what to do. You want the rule of law? Let's talk about the rule of law. I mean, how can we pass a thing on the rule of law when the rule of law has that elected government making the decision, and we are trying to tell them not to let the elected government make the decision; let demonstrators in the street do it instead. Now, if we were calling on the Government of Ukraine to have a referendum on the EU, I would be supporting that resolution. That, indeed, would be a democratic solution to that, and whoever is opposing it, I would think they are making the wrong decision in Ukraine, but let's be for the rule of law. Let's not try to superimpose our vision, yeah, Ukraine should be more aligned with the EU than with some Russian economic federation. Let's--we can't superimpose our values like that, our decisions on them. If we do, we are contradicting our own basic concept of the rule of law and the democratic process. We need to do a lot of thinking about this resolution, and I am sorry to have to put this in everybody's face because I can see everybody wants to do this, this is the popular thing, this is what makes you look, look, I am so concerned about freedom when, in fact, the substance of what we are doing is against the rule of law and against permitting the people of Ukraine to make their decisions through the democratic process. And we should condemn violence on both sides, which I imagine this does. I will be opposing this resolution. Chairman Royce. If I could respond as chairman because the gentleman from California has raised some points that, indeed, you have a duly elected government in the Ukraine, but at the same time, one of the questions before us is if a government does not go through regular order but, instead, suspends the rights or the liberties of people through a process whereby that government takes the executive branch and utilizes the executive branch for what should have gone through the Parliament in order to strip citizens, from their perspective, of their basic rights--in other words, if you have antidemocratic measures that are put in place by executive fiat or by promulgation only from the Presidency and they are not ratified by the Parliament, you can see why this becomes a more confusing issue, and that is why I think at the end of the day, the fact that the resolution calls for restraint on all factions, basically the thrust of the resolution is to try to get back toward leverage for a resolution based upon nonviolence, based upon consultation, based upon not going out into the streets, either the military or the protesters in order to get back to some semblance of an environment in which perhaps the Parliament can again begin to make the decisions and do it in a democratically inclined way is to set a framework here, and this is what Mr. Engel, I believe, is trying to do, a framework whereby we can have reason prevail. So from that standpoint and especially since the powers of the Parliament have been usurped arguably by the executive branch with these antidemocratic measures, I think it is appropriate for the House to urge a potential solution here. Any other members seek recognition? Mr. Keating. Mr. Chairman. Chairman Royce. Mr. Keating. Mr. Keating. Thank you, Mr. Chairman. Mr. Chairman, I would like to thank you and Ranking Member Engel for working together with myself and other people on this bipartisan resolution. Further, I would like to thank the members of the European Subcommittee that have signed on, which include each minority member of that subcommittee. As ranking member of the Subcommittee on Europe, Eurasia, and Emerging Threats, I believe that it is indeed essential for the United States to show our strong support for the democratic aspirations of the Ukrainian people. Many of us have been deeply troubled by the developments in Ukraine in the wake of President Yanukovych's decision not to sign an association agreement with the European Union and the resulting activities that followed. We have been troubled, but we have also been inspired by the thousands of nonviolent protesters and journalists who have taken to the streets, despite subzero temperatures and bitter wind chill to peacefully demonstrate and demand in a more democratic way for an open society. We have been disappointed in the Ukrainian Government's repeated refusal to engage in substantive dialogue with these protesters, and we have been deeply dismayed at reports of violence, especially the deaths, beatings, and disappearances, illegal arrests, and hospitalization of peaceful protesters, social activists, and journalists. I applaud the administration's decision to revoke the U.S. visas of the Ukrainian Government officials who were responsible for ordering or committing acts of violence against peaceful protesters. I believe additional sanctions should be considered, especially in the event of further violence. On Tuesday, Ukraine's Parliament voted to repeal five of the repressive measures enacted on January 16th, and this is an important first step. Another hopeful sign was the resignation of the Prime Minister and his cabinet. This creates an opening for serious dialogue between the government and the opposition. Quite appropriately, this resolution urges all parties to refrain from violence, all parties, and to engage in constructive, sustained dialogue in order to find a peaceful solution to the current crisis. To facilitate that process, this resolution underscores to protesters, to the government, and to all Ukrainians that the United States will continue to defend Ukraine's sovereign right to chart its own course and build its own future. It also makes clear not just to the protesters, but to President Yanukovych as well, that the United States will continue to support the Ukrainian people's aspirations to build a strong and prosperous democracy, one that is firmly rooted in Europe. Thank you, Mr. Chairman, and I yield back. Chairman Royce. Given our time constraints, I am going to go ahead and ask unanimous consent that the brief Engel amendment No. 84 sent around to all offices yesterday updating the text to reflect events in the last couple of days be considered en bloc with the base text. Without objection, so ordered. [The amendment follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Smith. Mr. Chairman? Chairman Royce. Yes? Mr. Smith. Might I ask a question of the bill sponsor? Chairman Royce. Absolutely. Mr. Smith. Thank you. And I would ask Mr. Engel, you know, we don't define any country or government as to how we look at their work on democracy or human rights as to who they associate with, in this case the European Union. In reading your ``be it resolved clauses'' and that the House should do this, the House should do that, I don't see anything in this that says they should join the European Union; is that correct? Mr. Engel. I believe that is correct. Mr. Smith. So you would leave it exclusively up to the Ukrainian people to decide when and if, if ever, they would like to become part of the European Union? Mr. Engel. Yes. Mr. Smith. Okay. So this focuses on the human rights abuses and the violence that has taken the lives of several people and our concern for their lives and that the aspiration of the Ukrainian people be properly respected? Mr. Engel. Absolutely. Mr. Smith. Thank you. Mr. Engel. Thank you. Chairman Royce. Without---- Mr. Rohrabacher. Mr. Chairman? Chairman Royce. Yes, the gentleman is recognized. Mr. Rohrabacher. I would like to ask Mr. Engel some questions as well. Chairman Royce. The gentleman from California is recognized. Mr. Rohrabacher. Mr. Engel, doesn't this resolution say, ``Whereas the Government of Ukraine has declared integration with Europe a national priority and has made significant progress toward meeting the requirement of that association agreement,'' isn't that basically a ``whereas'' saying that is what we believe they should do? And ``Whereas, on November 21, 2013, following several months of intense outside pressure, the President of Ukraine abruptly suspended negotiations on the association agreement 1 week before it was due to be signed at the EU's Eastern Partnership Summit in Lithuania.'' Isn't that our suggestion, then, this President, who was elected to represent his people, and we have no idea what demands are being made of him to become part of the EU, aren't we then here condemning him for suspending those negotiations when we don't even know what demands were being made on his country? Mr. Engel. Well, first of all, Mr. Rohrabacher, the ``whereas'' clauses just simply state the facts, and the facts as we know them is that there were negotiations going on with the European Union and also lots of pressure from Russia to not join with the European Union but instead to join a Russian customs union. And it has been obvious to anyone who has watched the situation that that was a very unpopular move with the people of Ukraine. That is why you have these spontaneous demonstrations. So the ``whereas'' clauses were just simply laying out the facts as we see them. Mr. Rohrabacher. Well, Mr. Engel, it is hard for me to suggest that we know exactly what the view of the majority of the people of Ukraine is by the number of demonstrators that certain groups can put in the streets. Now, by the way, several years ago, I was out in the streets in Ukraine camping out with protesters, and but basically, they were calling for a new election, et cetera, and I thought that was justified. We are not even asking people here to call for a referendum on this issue. We are just basically saying that the Government of Ukraine doesn't have the right--or at least we are condemning them for making a decision that we disagree with them on. Mr. Engel. Well, I---- Mr. Rohrabacher. This is--you know, this is a slippery slope here, folks. Mr. Engel. Well, I do think that---- Mr. Rohrabacher. We are talking rule of law. Rule of law means the guy who wins the election makes the decisions. Mr. Engel. Well, I think that any objective observation of what has been happening in Ukraine seems clear to me that this government is going against the will of the people. We saw that happen in Egypt, and we were able to make some conclusions, even though in Egypt, you had the Muslim Brotherhood duly elected. I mean, most of us didn't like that government, but it was duly elected, but it became clear that it no longer seemed to represent the wishes of the people. I think it is a similar situation here in Ukraine. That would be my opinion. I understand we have a disagreement, and I respect your view, but I think it is pretty clear that the people of Ukraine are fed up with the decisions that were made by the current leaderin Ukraine. Mr. Rohrabacher. And Mr. Engel, immediately after Mr. Morsi was removed from a government in Egypt, the people involved in that immediately put in process a road map for elections, and they did so. So, basically, we were talking about leading up to elections, and frankly, I don't see that this is being aimed at the democratic process. I see what we are doing here as being something aimed at forcing a country to join the European Union. And we have no idea what demands are being made of them to be part of that union. Mr. Engel. Well, let me just say that I think that the demonstrators in the streets of Kyiv are asking the President to resign so that new elections can be held. I think that is their goal, and I, for one, certainly am sympathetic to that goal. Chairman Royce. Hearing no further amendments---- Mr. Grayson. Mr. Chairman? Chairman Royce. Mr. Grayson? Mr. Grayson. Listening to the debate that has been going on, I am wondering how the propounders of this measure would feel about deleting the second ``whereas'' clause, the 12th ``whereas'' clause, and the 13th ``whereas'' clause, leaving the rest of the bill intact. I will read the three clauses. The first one reads, ``Whereas closer relations with the European Union through the signing of an association agreement would promote democratic values, good governance, and economic opportunity in Ukraine.'' The 12th ``whereas'' clause, which is at the bottom of page 2, says, ``Whereas on January 16, 2014, the Ukrainian Parliament passed and President Yanukovych signed legislation which severely limits the right of peaceful protest, constrains the freedom of speech and independent media and unduly restricts civil society organizations.'' And the third ``whereas'' clause reads, ``Whereas the passage of these undemocratic measures and President Yanukovych's refusal to engage in substantive dialogue with opposition leaders precipitated several days of violence and resulted in several deaths and hundreds of injuries as well as numerous allegations of police brutality.'' I think that deleting these three ``whereas'' clauses avoids the implication that we are somehow suggesting or implying that the Ukraine needs to join the EU, whether or not it does so voluntarily, and also avoids the implication that we believe that the actions taken through color of law in the Ukraine are somehow undemocratic. Thank you. Mr. Engel. Well, let me, if I might, Mr. Grayson. I certainly, you know, respect your counsel in going through the resolution, but I think, at this time, I really would not feel comfortable with eliminating certain clauses. I can speak for myself. I think that, personally, obviously, it is up to the Ukrainian people, but I happen to believe, as the demonstrators do, that the country would be far better off working out a partnership with the European Union than with the Russian customs union. Obviously, we as Americans don't have the right to make that decision, but I certainly think that it is not off base or out of line to express our feelings in that regard. Russia has been putting lots of pressure on a number of countries in the region, not only Ukraine but Moldova, Georgia, and some of the other countries to try to blackmail them or bully them into joining the Russian customs union rather than the EU partnership, and I think that the majority of people on this committee and in the Congress think or would like to see these countries have the opportunity to join the EU. So I just worry about starting at this late date as we are marking this up to pull out various paragraphs would be detrimental, so I certainly respect what you have tried to do, but I really think that I would decline to chop this up at this date. Chairman Royce. Ms. Frankel wanted recognition. Ms. Frankel. Thank you, Mr. Chair. I have a question of the sponsor. I have enjoyed this debate. What is the potential impact of this resolution? Mr. Engel. Well, like so many other resolutions like this, it is essentially a sense of Congress talking about how we feel. I would think that if word got back to the demonstrators in Ukraine that the U.S. Congress had passed such a resolution, it would give a boost to them in their efforts psychologically, if nothing else, and I don't think there is anything wrong with the Congress stating how we feel about democratic aspirations of people. You know, the United States, the European Union are allies, and I think they share common values with us, democratic common values, and I don't think it is wrong of us to express that we are sympathetic to those democratic common values. Chairman Royce. Mr. Sherman? Mr. Sherman. I share Mr. Rohrabacher's concern that it is not for us to tell the Ukrainians what to do and that just the number of demonstrators on the streets may not show where the majority opinion lies. But in this case, this President of the Ukraine ran on a platform that he would join and go forward with the European Union. Of course, his opponents ran on a similar platform. This is a fundamental decision. This isn't like, you know, changing your opinion on a minor matter, and for the President to reject the European Union without going back to the people of his country seems unfair. As to whether there are unreasonable demands being made by the Europeans at these negotiations, if so, the President of the Ukraine should share that information with his people, and so I do think it is appropriate for us to assume that, while there is substantial opposition to going forward, that the President of the Ukraine should not be rejecting European membership and association without going back to his people. As to the text of the resolution and Mr. Grayson's comments, I think that the second ``whereas'' clause does seem to imply that we are telling the people of the Ukraine they would be better off with the European Union, but it contains the word ``should'' rather than ``would,'' so it says ``signing the association agreement should promote democratic values.'' Everything we do should support democratic values and promote democratic values, but I do think the resolution would be improved by removing that ``whereas'' clause so that we can say we are in favor of a democratic decision. Ordinarily democracy takes place through just electing a President and a Parliament, but when you elect a President and a Parliament on a platform to do this, and they decide to do that, then it is time to go back to the people---- Mr. Rohrabacher. Would the gentleman yield? Mr. Sherman. And as to the other two ``whereas''--I will yield in a second. Whereas the other clauses that Mr. Grayson objects to, I would not join him in that concern because it is simply true that this government in Kyiv has adopted, through parliamentary means, restrictions on peaceful protest that clash with the democratic values, and throughout the world, we oppose antidemocratic, anti-free-speech provisions, even if adopted by a duly elected Parliament. So I think it is up to the author to decide whether to perhaps satisfy some of us and eliminate that second ``whereas'' clause. I think as long as it has the word ``should'' in it, it is not as objectionable as it would if it had the word ``would'' promote democratic values. Mr. Rohrabacher. Would the gentleman yield for a question? Mr. Sherman. And I yield to the gentleman from California. Mr. Rohrabacher. Wouldn't you say that if we were really suggesting that the democratic process be followed that we should--that instead, the people of Ukraine should unelect this government and elect a government that does follow through on its commitments, and are we calling for--if we are calling for a referendum here or something like that, I think I would be less hesitant because we really don't know about these type of negotiations that go on between--Margaret Thatcher was attacked, by the way, let me be very clear: There were riots, and there were major demonstrations against Margaret Thatcher for not wanting to go into the EU. And I am sorry, she was elected at that time, and she--of course, she lost her position, but it was good that--anyway---- Mr. Sherman. Just to reclaim my time. I don't think the resolution has the specificity of saying what mechanism the Ukrainian people should use to make their views known on this important issue, whether that is new elections for a new Chief Executive or whether that is a referendum, either would take the same approach, which is allowing the people of the Ukraine to make this important decision. The resolution doesn't deal with that, and so maybe some steps could be---- Mr. Rohrabacher. That might be a better resolution. Thank you. Mr. Sherman. I yield back. Chairman Royce. Mr. Engel. Mr. Engel. Yes, I want to ask Mr. Grayson, was that one of the paragraphs that you had suggested we remove? That ``whereas,'' the second ``whereas''? Mr. Grayson. Yes. Also, it might accommodate Mr. Rohrabacher's concern if you simply changed ``should'' to ``might'' or ``may.'' Mr. Sherman. I would just take it out. Mr. Engel. Mr. Chairman, since there seems to be some concern with that paragraph, let me make an amendment to remove it. Ask unanimous consent to remove that paragraph. Chairman Royce. Without objection. Mr. Engle. All right. Then might I suggest---- Yes, the gentleman from Virginia. Mr. Connolly. Thank you, Mr. Chairman, and I know we are trying to move this along. Chairman Royce. We have one more resolution. Mr. Connolly. I know. I just want to say, I think Mr. Rohrabacher actually brings up a good point. There is some danger when we do things like this that we are the new imperium, deciding for others all over the world what our version of legitimate democracy is for them. I have enormous respect for the ranking member, but he cited Egypt as an analogy. We replaced an elected government because or, I should say, an elected government was replaced by a military junta that has slaughtered people in the streets because we think, we think the elected government lost its legitimacy. Where will that end if we go down that road, even if we don't like the particular government that got elected? That is the warning Mr. Rohrabacher is laying in front of us beyond the specific wording, and I just, I want to join with him in expressing that concern because I think we are all, frankly, going to regret the change that occurred in Egypt, even though what it replaced was something most of us were probably not all that comfortable with. And we need to take care, as the House Foreign Affairs Committee and as the Congress of the United States, to show a little humility and respect for others' sovereignty and others' processes, even if they are not always ours. And I just wanted to say that, Mr. Chairman, because the analogy to Egypt is to me a very troubling one. I thank you. Chairman Royce. Would the gentleman yield? Mr. Connolly. Of course. Chairman Royce. But getting back to the actual ``resolved'' clauses, and I would just repeat for the members here the basic concept here, ``urges the Government of Ukraine, Ukrainian opposition parties, and all protesters to exercise the utmost restraint and avoid confrontation and calls on the Government of Ukraine to live up to its international obligations to respect and uphold the democratic rights of its citizens, including the freedom of assembly and expression as well as the freedom of the press.'' It condemns all acts of violence. In other words, what I don't want to be lost here in the debate is the fact that in the body of the ``resolved'' clauses, which is the main portion of this document before us, this resolution, is the intent to convey exactly that, and I think that is the spirit with which the resolution was offered. I want to recognize Mr. Keating for a minute. Mr. Connolly. Mr. Chairman, if I could just reclaim my time before, Mr. Chairman, because I yielded to you. I just want to say I agree with you; I support the resolution as amended, but the word of caution coming from our friend from California I think is worthy of note. Thank you. Chairman Royce. Right, right. Mr. Keating. Mr. Keating. Thank you, Mr. Chairman. Just briefly, because we are up against a timeline. Just a few weeks ago, this committee unanimously passed, no opposition that I am aware of, a resolution concerning the eastern partnership that dealt with Ukraine aspirations just like this. We are already on record on that. So you are going to have to go back and put the genie back in the bottle. This committee has already done that. Now this resolution, any fair reading of it, the substance is just to say we want a dialogue. We are encouraging a dialogue. That is all we are doing. Chairman Royce. Yes. Mr. Keating. And there is nothing more democratic than that. I yield back. Chairman Royce. Well, I think the legislation that is now before us is the underlying House Resolution 447, as amended, first by the en bloc amendments and secondarily by the amendments just offered, suggested, and by unanimous consent accepted, removing that one particular clause. So if we might-- -- Mr. Rohrabacher. Mr. Chairman? Chairman Royce. Yes? Mr. Rohrabacher. Let me just note that I accept your explanation of the resolution condemning all acts of violence, not just government on the people but any violence that may have occurred by demonstrators trying to force their will through that type of violent demonstration. I accept that explanation. I accept that we have amended the bill to try to at least acknowledge that we are not telling these people that joining the EU is what we are insisting on, and I believe that that, you have amended it, and we have explained it enough that I will be supporting the resolution. Chairman Royce. We thank the gentleman from California, and the question now occurs on agreeing to House Resolution 447, as amended, by the Engel amendment. All in favor signify by saying aye. All opposed? The ayes have it. The amendments that are in the underlying bill are agreed to, and without objection, the resolution, as amended, is ordered favorably reported and will be reported as a single amendment in the nature of a substitute. Staff is directed to make any technical and conforming changes. And I now call up H.R. 938 for consideration. The clerk will report the title of the bill. Ms. Marter. H.R. 938, To strengthen the strategic alliance between the United States and Israel and for other purposes. Chairman Royce. Without objection, the measure is considered read. The Ros-Lehtinen/Deutch amendment in the nature of a substitute that was provided to your offices Monday morning is considered base text for purposes of markup. [The information referred to follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Royce. It is open for amendment at any point, and after brief remarks by myself and the ranking member, I am going to recognize the chairman emeritus, and I want to thank Ileana Ros-Lehtinen, our chairman emeritus here, and the ranking member, Mr. Deutch, as well as Ranking Member Engel for their leadership and hard work in authoring this bipartisan legislation that I think is quite important. Two years ago, the Congress passed the U.S.-Israel Enhanced Security Cooperation Act, which provided a clear, concise demonstration of support for the U.S.-Israel relationship. The legislation before us today builds on that work, and it does so by making additions to Israel-based defense stockpiles, by authorizing cooperative activities in a range of fields, including energy and water, homeland security, agriculture, civil space, and provides for a framework to expedite licenses for Israel to acquire U.S. goods and services critical to the defense. The bill also requires more timely assessments regarding Israel's qualitative military edge. Today, as Israel is surrounded by threats in every direction, this legislation is an important symbol of U.S. support. This is a strong bipartisan measure. I urge its expeditious consideration by this body and passage by this committee. And given our time constraints, I am going to go ahead and ask unanimous consent that the brief Smith amendment No. 99, sent around to all offices last night, the sense of Congress on cooperation to combat anti-Semitism, be considered en bloc with the base text. Without objection, so ordered. [The information referred to follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Royce. Mr. Engel, would you like to be recognized? Mr. Engel. Yes, thank you. Thank you, Mr. Chairman. I strongly support H.R. 938, the Israel Strategic Partnership Act. Israel is one of our closest and most reliable allies, and this important legislation seeks to further strengthen and broaden our mutually beneficial relationship. I want to commend Ms. Ros-Lehtinen, the chairman of the Middle East and North Africa Subcommittee, Mr. Deutch, the ranking member, for authorizing this legislation. Israel, as we know, faces a growing array of threats in the Middle East and around the world and is the target of vicious delegitimatization campaigns by international institutions, universities, and others that seek to undermine Israel's right to self-defense. And Israel would face an existential threat from a nuclear armed Iran, and the legislation before us today is critical because it sends a clear and unmistakable message to Israel's foes: America stands with Israel. So now is the time to reaffirm the importance we place on the U.S.-Israel relationship and to pursue new ways to improve our partnership at every level. The bill will expand our robust defense cooperation, increase U.S.-Israel collaboration on cybersecurity, reaffirm our commitment to Israeli missile defense programs, which have saved many innocent lives. And this legislation also includes the text of H.R. 1992, the Israel QME (Qualitative Military Edge Enhancement) Act, which passed the House in December. I also, again, in conclusion, would like to thank the authors of that important bill, Mr. Collins of Georgia, Mr. Schneider of Illinois, for their hard work on this issue, so I am very pleased to support this and urge our colleagues to support it as well. Thank you, Mr. Chairman. Chairman Royce. Thank you, Mr. Engel. I will remind members, you may put statements into the record. We are going to go to Ms. Ros-Lehtinen for any statement she may wish to make. Ms. Ros-Lehtinen. Thank you so much, Mr. Chairman, and I will be brief. Thank you for an excellent summary that you and Ranking Member Engel gave about the bill. There is a memo that explains the bill in your folder. I also had given to members yesterday or the day before an explanation about an erroneous campaign of misinformation about the bill that said that the bill would somehow allow Israel to discriminate against Arab Americans, and that is not true, and I hope you had the chance to read that memo. But thank you, Mr. Chairman, to all of your staff for helping us work on this bill, especially I would like to point out Matt Zweig, who--I don't know if Matt is here--but worked so hard on this bill in its many forms. And thank you to Mr. Collins for the qualitative military edge section, and it has been a pleasure to work with my wonderful colleague, Ted Deutch, and I won't delay it further, but there is a good explanation of the bill in your folder. Thank you very much, Mr. Chairman, again, for your staff and Mr. Engel's staff for working with us. I yield back, sir. Chairman Royce. Thank you. Any other members seek recognition? Mr. Deutch? Mr. Deutch. Thank you, Mr. Chairman. I, too, will be brief, but I would just like to thank you and Ranking Member Engel for holding this markup, for your strong support of this legislation. I would like to thank your staffs as well, and it is an honor and a pleasure to work with my friend,the deg.Chairman Emeritus Ros-Lehtinen, and I thank her for her leadership on this legislation. I would only make one point about this, the importance of passing this bill right now, and it is that this bill offers a reminder to the international community of the depth of the partnership between the United States and Israel. Ultimately, at a time when there are very few things that everyone in Congress can agree to, we are now marking up a bill that has over 350 members of our Congress as cosponsors. And at a time when many of our constituents think that it is just impossible to agree on anything, this level of support really is remarkable. It is precisely because, precisely because of this support that the U.S. is able to send a message to the rest of the world that our commitment, America's commitment to Israel is unshakeable. I thank you, Mr. Chairman, and I yield back. Chairman Royce. Thank you, Mr. Deutch. Mr. Smith, and then Mr. Sherman. Mr. Smith. Mr. Chairman, thank you very much. I want to thank Chairwoman Ileana Ros-Lehtinen for this very fine--and Mr. Deutch, the cosponsor--for this timely and very effective piece of legislation. Couldn't come at a better time, as was just noted. I just want to say, I have a full statement, but very briefly, in 1995, I chaired the first hearing on the rising tide of global anti-Semitism when we took control of the House and have done more than 18 hearings on that since and raised it in numerous, numerous fora, including the OSCE. In 2004, I sponsored the amendment that became law that created the Office to Monitor and Combat Anti-Semitism with a special envoy. What the amendment seeks to do is to better understand and coordinate with the Israeli Government, particularly the Netanyahu special adviser on anti-Semitism, the Ministry of Foreign Affairs and the Ministry for the Diaspora, that much of the violence on both the micro and the macro level is all about the hatred of Jews. That is where the incitement leads to, and it whips up people, even moderate Muslims, very often if they are not on the same page in hating Jewish people are ostracized. I had a hearing last year on it, and Dr. Jasser made very telling points about how if you are not going along with the anti-Semitic hate, you are then targeted yourself, so I think this amendment seeks to say we need to see this in security terms, not just in discriminatory terms, and I thank the chair for yielding. Chairman Royce. Mr. Sherman. Mr. Sherman. I would like to join in support with the author of the bill of the provisions dealing with making Israel a visa waiver country and to say that, of course, that Israel does not discriminate against Arab Americans. There has been this effort by anti-Israel extremists to accuse Israel of that. For example, one case they bring up is that someone they questioned at the airport, and it turned out this individual had played on an Islamic jihad-sponsored sports team but said, well, since I wasn't a real member of Islamic jihad, they shouldn't have asked me any questions. Israel does have unique security needs, so does the United States. We have a no-fly list. They have a no-enter list, and those associated with Islamic extremism tend to find their names on both lists. The provision in this bill simply says that Israel would become a visa waiver country when it satisfies all the requirements, including nondiscrimination requirements. My hope is that in conference, this bill will be amended to help Israel achieve the full participation in the visa waiver program. Along with Ted Deutch, I introduced the Visa Waiver Act for Israel in May 2012. We reintroduced it in January 2013. There are now 76 cosponsors. Not everyone on this committee has cosponsored the bill, but there is still an opportunity. What that bill would do is allow Israel to become a visa waiver country, even if in over 3 percent of the cases our counselor personnel fear that those who were applying for a tourist visa may overstay that visa. The tradition has been to have a 3- percent rule on that, but the fact is that we have gone up to 8 percent in giving visa waiver status to virtually every country that was between 3 percent and 8 percent. Israel was left out of that, but Lithuania, Latvia, Estonia, and Hungary were all included. All of them are over 3 percent, under 8 percent, as Israel is today. So I hope that we would defend this provision from outrageous attacks and strengthen it in conference so that it will be as easy for Israelis to visit. When they want to see Mickey Mouse, they should see the real one in Disneyland in California, close to Mr. Rohrabacher's district, or the newest imitation in Florida. Right now, Israel has a visa waiver relationship, has a visa waiver relationship with the EU. Israelis are free to travel to Europe without getting a visa, where they see what we all regard as the complete impostor, the Mickey Mouse at Euro Disney. So we need Israelis to bring those shekels here. We need to expand person-to-person contacts, and I hope that this provision is not only defended but strengthened as it goes through the process. I commend the author for all of the provisions of the bill. I am one of the many cosponsors. I yield back. Chairman Royce. Are there any other amendments to the base text? Hearing no further amendments---- Mr. Sherman. A point of personal privilege. I commend Ted Deutch in every way, but the cosponsor of that visa waiver bill is Ted Poe. Chairman Royce. Ted Poe. Mr. Sherman. Very good. Chairman Royce. Well, hearing no further amendments to this measure, the question occurs on agreeing to H.R. 938, as amended en bloc. All those in favor say aye. All those opposed, no. In the opinion of the Chair, the ayes have it, and the bill, as amended, is agreed to. And without objection, this legislation is ordered favorably reported. It will be reported as a single amendment in the nature of a substitute. Staff is directed to make any technical and conforming changes, and we stand adjourned. [Whereupon, at 10:35 a.m., the committee was adjourned.] A P P E N D I X ---------- Material Submitted for the Record [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]