Markup: Calling on Government of Libya to Review Legal Actions Taken Against Bulgarian Medical Workers; Urging the President of the EU to Add Hezbollah to EU's Wide-Ranging List of Terrorist Organizations; Pledging Continued U.S. Support for the Republic of Georgia; etc.

SPEAKERS       CONTENTS       INSERTS

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96–356PDF
2004
CALLING ON GOVERNMENT OF LIBYA TO REVIEW LEGAL ACTIONS TAKEN AGAINST BULGARIAN MEDICAL WORKERS; URGING THE PRESIDENT OF THE EU TO ADD HEZBOLLAH TO EU'S WIDE-RANGING LIST OF TERRORIST ORGANIZATIONS; PLEDGING CONTINUED U.S. SUPPORT FOR THE REPUBLIC OF GEORGIA; CONGRATULATING SERBIA FOR CONDUCTING A DEMOCRATIC, FREE AND FAIR PRESIDENTIAL ELECTION AND FOR REAFFIRMING SERBIA'S COMMITMENT TO PEACE, DEMOCRACY, AND THE RULE OF LAW; RELATING TO THE REUNIFICATION OF CYPRUS

MARKUP

BEFORE THE

SUBCOMMITTEE ON EUROPE

OF THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED EIGHTH CONGRESS

SECOND SESSION

ON

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H. Res. 733, H. Res. 341, H. Res. 483, H. Res. 726

and H. Con. Res. 412

OCTOBER 5, 2004

Serial No. 108–148

Printed for the use of the Committee on International Relations

Available via the World Wide Web: http://www.house.gov/international—relations

COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa
CHRISTOPHER H. SMITH, New Jersey,
Vice Chairman
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
EDWARD R. ROYCE, California

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PETER T. KING, New York
STEVE CHABOT, Ohio
AMO HOUGHTON, New York
JOHN M. McHUGH, New York
ROY BLUNT, Missouri
THOMAS G. TANCREDO, Colorado
RON PAUL, Texas
NICK SMITH, Michigan
JOSEPH R. PITTS, Pennsylvania
JEFF FLAKE, Arizona
JO ANN DAVIS, Virginia
MARK GREEN, Wisconsin
JERRY WELLER, Illinois
MIKE PENCE, Indiana
THADDEUS G. McCOTTER, Michigan
KATHERINE HARRIS, Florida
VACANCY

TOM LANTOS, California
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio

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BRAD SHERMAN, California
ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
BARBARA LEE, California
JOSEPH CROWLEY, New York
JOSEPH M. HOEFFEL, Pennsylvania
EARL BLUMENAUER, Oregon
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
DIANE E. WATSON, California
ADAM SMITH, Washington
BETTY McCOLLUM, Minnesota
BEN CHANDLER, Kentucky

THOMAS E. MOONEY, SR., Staff Director/General Counsel
ROBERT R. KING, Democratic Staff Director

Subcommittee on Europe
JO ANN DAVIS, Virginia, Chairwoman

DAN BURTON, Indiana
ELTON GALLEGLY, California

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PETER T. KING, New York
THADDEUS G. McCOTTER, Michigan
ROY BLUNT, Missouri
VACANCY

ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
WILLIAM D. DELAHUNT, Massachusetts
BARBARA LEE, California
JOSEPH M. HOEFFEL, Pennsylvania
EARL BLUMENAUER, Oregon

VINCE MORELLI, Subcommittee Staff Director
JONATHAN KATZ, Democratic Professional Staff Member
PATRICK PRISCO, Professional Staff Member
BEVERLY HALLOCK, Staff Associate

C O N T E N T S

MARKUP OF

H. Res. 733, Calling on the Government of Libya to review the legal actions taken against several Bulgarian medical workers

H. Res. 341, Urging the President of the European Union to add Hezbollah to the European Union's wide-ranging list of terrorist organizations

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Amendment to H. Res. 341 offered by the Honorable Jo Ann Davis, a Representative in Congress from the Commonwealth of Virginia, and Chairwoman, Subcommittee on Europe

    H. Res. 483, Pledging continued United States support for the sovereignty, independence, territorial integrity, and democratic and economic reforms of the Republic of Georgia
Amendment in the nature of a substitute to H. Res. 483 offered by the Honorable Jo Ann Davis

    H. Res. 726, Congratulating the people of Serbia and government of Serbia for conducting a democratic, free and fair presidential election and for reaffirming Serbia's commitment to peace, democracy, and the rule of law
Amendment in the nature of a substitute to H. Res. 726 offered by the Honorable Jo Ann Davis
Amendment to the amendment in the nature of a substitute to H. Res. 726 offered by the Honorable Eliot L. Engel, a Representative in Congress from the State of New York

    H. Con. Res. 412, Relating to the reunification of Cyprus
Amendment in the nature of a substitute to H. Con. Res. 412 offered by the Honorable Jo Ann Davis
Amendment to the amendment in the nature of a substitute to H. Con. Res. 412 offered by the Honorable Eliot L. Engel

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD

    The Honorable Robert Wexler, a Representative in Congress from the State of Florida: Prepared statement

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CALLING ON GOVERNMENT OF LIBYA TO REVIEW LEGAL ACTIONS TAKEN AGAINST BULGARIAN MEDICAL WORKERS; URGING THE PRESIDENT OF THE EU TO ADD HEZBOLLAH TO EU'S WIDE-RANGING LIST OF TERRORIST ORGANIZATIONS; PLEDGING CONTINUED U.S. SUPPORT FOR THE REPUBLIC OF GEORGIA; CONGRATULATING SERBIA FOR CONDUCTING A DEMOCRATIC, FREE AND FAIR PRESIDENTIAL ELECTION AND FOR REAFFIRMING SERBIA'S COMMITMENT TO PEACE, DEMOCRACY, AND THE RULE OF LAW; RELATING TO THE REUNIFICATION OF CYPRUS

TUESDAY, OCTOBER 5, 2004

House of Representatives,
Subcommittee on Europe,
Committee on International Relations,
Washington, DC.

    The Subcommittee met, pursuant to call, at 1:47 p.m., in room 2200, Rayburn House Office Building, Hon. Jo Ann Davis (Chairwoman of the Subcommittee) presiding.

    Mrs. DAVIS. The Subcommittee on Europe will now come to order.

    Pursuant to notice, I call up the resolution H. Res. 733 for purposes of markup. Without objection, the resolution will be considered as read and open for amendment at any time.

    [H. Res. 733 follows:]

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    In March 1999, Libyan authorities notified the Bulgarian Government that six members of a medical group working in Libya were being detained on a warrant accusing the medical workers of participating in a foreign intelligence-supported conspiracy against the state by affecting over 400 Libyan children at the Al-Fatih hospital with blood products contaminated with the HIV virus.

    After a period of investigation, the Libyan People's Court decided that there was not enough evidence to substantiate the accusations of conspiracy against the state and dismissed the case, referring it back to the criminal court where the medical personnel were prosecuted for deliberately causing the infections of the children.

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    The lengthy trial was marked by accusations of irregularity and gross violations of Libyan law on the part of the prosecution and the court itself. Numerous experts in the area of HIV/AIDS testified that there was inadequate and inconsistent evidence offered to affirm that the children were deliberately infected by the medical personnel.

    On May 6, 2004, the criminal court in Benghazi found the five Bulgarian medical workers and one Palestinian doctor guilty of deliberately infecting the Libyan children with HIV and sentenced them to death by firing squad.

    H. Res. 733, which was introduced by our former colleague and Chairman of this Subcommittee, Doug Bereuter, expresses its sympathies for those Libyan children infected with the HIV/AIDS disease and its condolences to the families of those children who have died from the HIV epidemic. The resolution raises concerns regarding the conduct and fairness of the investigations and trial, and expresses its deep dismay over the verdict by the Libyan court and the harsh sentence imposed on the medical workers.

    Finally, the resolution urges the Libyan Government to review the case, reconsider the verdict and consider the possibility of withdrawing the charges and releasing the defendants.

    The Subcommittee has worked closely with the Bulgarian Embassy here on this matter and has their support for this effort.

    I urge adoption of this resolution.

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    Are there any opening statements?

    I would like to recognize our Ranking Member, Mr. Wexler, for an opening statement.

    Mr. WEXLER. Thank you, Madam Chair.

    And not in opposition to the resolution, which I strongly support, but I think it is only apt to point out at this time that—while the President continues to opine, most recently in the debate, about the so-called reformed Libya and holds it up as an example of extraordinary diplomacy on behalf of the United States—that this is yet another example that Libya has not reformed, that Libya is still the repressive rogue nation that it once was. And I applaud the fact that we are doing this resolution.

    Mrs. DAVIS. Thank you, Mr. Wexler.

    Mr. McCotter, do you have an opening statement?

    Mr. MCCOTTER. Yes, just a quick observation.

    Having been to Libya myself, with Mr. Weldon and others, I think that, clearly, reservations about Libya are in order.

    But we must also recognize some of the steps Libya has taken to reform itself as it undergoes this painful process of leaving the nation of rogue states and becoming a member of the civilized world.

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    In fact, one of the largest reasons for hope and optimism regarding Libya is their renunciation of their weapons of mass destruction program, of which this resolution is not a part.

    Thank you.

    Mrs. DAVIS. Thank you, Mr. McCotter.

    Ms. Lee?

    Ms. LEE. No.

    Mrs. DAVIS. Are there any amendments?

    If not, the Chair will now entertain a motion that the resolution be reported favorably to the Full Committee.

    Mr. WEXLER. So moved.

    Mrs. DAVIS. The question occurs on the motion to report the resolution H. Res. 733 favorably. All in favor, say ''Aye.'' All opposed, ''No.''

    The motion is approved, and the bill is reported favorably. The staff is directed to make any technical and conforming amendments.

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    Pursuant to notice, I call up the resolution H. Res. 341 for purposes of markup. Without objection, the resolution will be considered as read and open for amendment at any point.

    [H. Res. 341 follows:]




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    At this point, for the sake of time, I will also place the amendment I am offering on the table as well.

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    The clerk will read the amendment.

    Ms. HALLOCK. ''Amendment——''

    Mrs. DAVIS. I ask unanimous consent that the amendment be considered as read.

    [The amendment referred to follows:]




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    Mrs. DAVIS. H. Res. 341, introduced by our colleague from New Jersey, Mr. Saxton, simply urges the European Union to add the terrorist organization, Hezbollah, to its internal list of terrorist organizations.

    I think we all can agree that Hezbollah is no different than Hamas, Islamic Jihad or other organizations which seek the ultimate destruction of Israel and which engage in brutal terror in order to achieve its goal.

    Counterterrorism cooperation between the United States and the European Union has been growing steadily stronger since September 11, 2001. Our goal to try to end the cycle of terror throughout the world is the same. Our desire to see an end to the conflict between the Israelis and the Palestinians is the same. Our approach to Middle East peace through the ''roadmap'' process is compatible. Yet, for now at least, we do differ on the nature of the Hezbollah organization. The EU recently placed Hamas on its list of terror organizations and many of us here in Congress believe that Hezbollah should now be added as well and that any EU financial assistance for the Hezbollah should be suspended.

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    The amendment I have offered deletes some wording in the title of the resolution referring to the European Union.

    I will now recognize our Ranking Member, Mr. Wexler, for an opening statement.

    Mr. WEXLER. Thank you very much.

    I rise in strong support of this resolution calling on the European Union to include Hezbollah on its terrorist list.

    As the originators of the suicide bomb and the most widespread network of terror throughout the world, Hezbollah emulates, supports, finances and cooperates with groups already demarcated by the EU as terrorist organizations; including the Al-Aqsa Martyrs Brigade, Hamas, the Palestinian Islamic Jihad, the Palestinian Liberation Front and the Popular Front for the Liberation of Palestine.

    It defies logic that the EU would classify these groups as terrorist organizations and egregiously omit Hezbollah, an organization that has led a global campaign of terror for 22 years, targeting not only Israeli citizens but also Americans, Kuwaitis, Saudi Arabians, Argentinians, Russians and Europeans, among others.

    Last year, Congress passed House Resolution 285, urging the EU to classify Hamas as a terrorist organization, and thus prohibit the channeling of funds from the EU to Hamas. Fortunately, the EU recently added Hamas to its list in its entirety and without distinctions or qualifications, because there is no such thing as a so-called ''military'' and ''political'' wing of a terrorist group.

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    The same could be said for Hezbollah, whose leaders have made statements denouncing any distinction between their political and military operations.

    As the Hezbollah Deputy Secretary General, Sheikh Naim Qassem, wrote in his book,

''Hezbollah is a Jihad organization whose aim, first and foremost is Jihad against the Zionist enemy, while the political effort can serve as a prop and a means of support for Jihad.''

    This sentiment was reiterated by Hezbollah's representative in the Lebanese Parliament, Mohammed Raad, who responded to the 2001 British decision to freeze funding to Hezbollah's military wing by stating that,

''Hezbollah is a military resistance party, and it is our task to fight the occupation of our land. . . . There is no separation between politics and resistance.''

    Since its inception in 1982, Hezbollah has carried out numerous attacks on Israel's northern border, the bombing of the United States Embassy and the U.S. and French marine bases in Beirut in 1983, the bombings of the Russian Embassy in Beirut, the Israeli Embassy in Argentina, the hijacking of two Kuwaiti airliners, and the kidnapping and murder of dozens of Westerners in Lebanon. In total, Hezbollah has been responsible for the deaths of hundreds of innocent civilians from all over the world.

    In the past year, nearly 75 percent of the terrorist attacks against Israel have been generated, directed and funded by Hezbollah, including the bus bombing in Bersheval last month.

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    While the Israeli Defense Forces have made headway in arresting, killing and restricting the movement of several different Palestinian terrorist groups, Hezbollah has moved in to fill this vacuum.

    Madam Chair, it is, I think—without suggesting that the EU used anything other than truthful language when their representative came and spoke at this Subcommittee some weeks ago—it is incredulous to believe that we even have to make an argument to the European Union that Hezbollah should be on the terrorist organization.

    And it seems evident that this resolution should pass with unanimous support.

    Thank you.

    [The prepared statement of Mr. Wexler follows:]

PREPARED STATEMENT OF THE HONORABLE ROBERT WEXLER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA

    Madame Chair:

    I rise in strong support of this resolution, calling on the European Union to include Hezbollah on its terrorist list.

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    As one of the most widespread networks of terror throughout the world, Hezbollah supports, finances and cooperates with groups already demarcated by the EU as terrorist organizations, including the Al Aqsa Martyrs Brigade, Hamas, the Palestinian Islamic Jihad, the Palestinian Liberation Front and the Popular Front for the Liberation of Palestine.

    It defies logic that the EU would classify these groups as terrorist organizations and egregiously omit Hezbollah, an organization that has led a global campaign of terror for 22 years targeting not only Americans, but also Israelis, Europeans, Kuwaitis, Saudi Arabians, Argentineans and Russians, among others.

    Last year, Congress passed House Resolution 285, urging the EU to classify Hamas as a terrorist organization, and thus prohibit the channeling of funds from the EU to Hamas. Fortunately, the EU recently added Hamas to its list, without distinctions or qualifications, because there is no such thing as a so-called ''military'' and ''political'' wing of a terrorist group.

    The same can be said for Hezbollah, whose leaders have made statements denouncing any distinction between its political and military operations. As Hezbollah Deputy Secretary General, Sheikh Naim Qassem, wrote in his book, ''Hezbollah is a Jihad organization whose aim, first and foremost is Jihad against the Zionist enemy, while the political effort can serve as a prop and a means of support for Jihad.''

    This sentiment was reiterated by Hezbollah's representative in the Lebanese Parliament, Mohammad Raad, who responded to the 2001 British decision to freeze funding to Hezbollah's military wing by stating that, ''Hezbollah is a military resistance party, and it is our task to fight the occupation of our land . . . There is no separation between politics and resistance.''

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    Since its inception in 1982, Hezbollah has carried out the bombing of the US Embassy in Lebanon, the Israeli Embassy in Argentina, the US and French marine bases in Beirut, the Russian Embassy in Lebanon, the hijacking of two Kuwaiti airliners, numerous attacks on Israel's northern border the kidnapping and the murder of dozens of Westerners in Lebanon. On the same day that nearly 300 Americans died 21 years ago in Beirut, 58 French paratroopers also were targeted and killed by Hezbollah.

    In the past year, nearly 75 percent of the terrorist attacks against Israel have been implemented with the involvement and funding of Hezbollah, including the bus bombing in Bersheva last month. While the Israeli Defense Forces have made headway in arresting, killing and restricting Palestinian terrorists, Hezbollah has moved in to fill this vacuum.

    As a prominent Israeli paper recently affirmed, ''The terror engine has changed its address. It has moved from the mukata [or Arafat's headquarters] to Beirut.'' Increased support for Palestinian terrorist operations is no secret. It has been openly discussed by Hezbollah leadership, as was the case this July when Hezbollah leader Hassan Nasrallah publicly aligned Hezbollah with the likes of Hamas, Al Aqsa Martrys Brigade and the Palestinian Islamic Jihad, all of which appear on the EU terrorist list.

    It is in this regard that I was surprised to learn that the EU Representative in Lebanon—Patrick Renauld—met with Mr. Nasrallah on September 10 to discuss future cooperation between the EU and Hezbollah. It is unconscionable that the EU would sanction such a meeting between a government official and a terrorist thug, and I am eagerly awaiting further explanation from EU Counter-Terrorism Coordinator, Mr. De Vris, regarding the origins, purpose and extent to which the EU sanctioned this meeting.

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    Madame Chair, the European Union has placed Hezbollah officials such as Imad Mughniyah on its terrorist list. It has placed every known Palestinian terrorist organization on its terrorist list, the majority of whose operations are contingent on the support of Hezbollah. It has assisted America in the war on terror in a number of areas, yet it has made an ominous and incongruous mistake by excluding Hezbollah from its terrorist list.

    Hezbollah does not discriminate in its targeting of innocent civilians, and the European Union should not discriminate in its categorizing of terrorists. I strongly support House Resolution 341 and urge the European Union—in the strongest possible terms—to add Hezbollah to its list of terrorist organizations.

    Mrs. DAVIS. Thank you, Mr. Wexler.

    Are there any other Members who wish to be recognized?

    Are there any other amendments?

    If not, the Chair will now entertain a motion that the resolution, as amended, be reported favorably to the Full Committee.

    Mr. WEXLER. So moved.

    Mrs. DAVIS. The question occurs on the motion to report the resolution, H. Res. 341, as amended, favorably. All in favor say, ''Aye.'' All opposed, ''No.''

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    The motion is approved, and the bill is reported favorably.

    Without objection, the bill will be reported favorably to the Full Committee in the form of a single amendment in the nature of a substitute incorporating the amendments adopted here today.

    Without objection, the staff is directed to make any technical and conforming amendments.

    Pursuant to notice, I call up the resolution H. Res. 483 for purposes of markup. Without objection, the resolution will be considered as read and open for amendment at any point.

    [H. Res. 483 follows:]




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    Mrs. DAVIS. At this point, for the sake of time, I will also place the amendment I am offering on the table as well.

    The clerk will read the amendment.

    Ms. HALLOCK. ''Amendment in the Nature of a Substitute——''

    Mrs. DAVIS. I ask unanimous consent that the amendment be considered as read.

    Without objection.

    [The amendment referred to follows:]

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    Mrs. DAVIS. In November 2003, in what has become known as the ''Rose Revolution,'' the Government of the Republic of Georgia collapsed after several weeks of peaceful and bloodless protests following parliamentary elections determined to be fraudulent.

    The Speaker of the Parliament, acting as Interim President, worked diligently to restore order and calm and to prepare Georgia for a new presidential election. After a free, fair and democratic process, Mikhail Saakashvili was overwhelmingly elected and sworn into office on January 24th of this year as President of the Republic of Georgia.

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    Georgia is a small but strategic country located in the Caucasus between Russia, Iran, Turkey and Central Asia. Georgia has become a key player in the war against terrorism in that region by combating members of al-Qaeda and other Muslim terrorist organizations thought to be operating in areas such as the Pankisi Gorge. The United States currently has a small military mission in Georgia training border guards and other security forces to help the Government secure its borders and prevent the infiltration of terrorists and criminals. Georgia is of additional interest to the West because of oil and gas pipelines now being built from Baku in Azerbaijan to the port of Ceyhan in Turkey.

    Georgia's position in the Caucasus and its status as a former Soviet State has also resulted in a great deal of internal problems with separatist movements in regions such as Abkhazia and South Ossetia. The United States supports Georgia's efforts to reestablish Government control and political stability throughout the entire country.

    President Saakashvili is a young, energetic leader who has received extensive educational training here in the U.S. He has repeatedly stressed the importance of strong ties with the United States while reaching out to Russia. When President Saakashvili visited the United States Congress earlier this year, he delivered a strong message of peace, stability, democracy, political reform, economic opportunity and closer cooperation with the West.

    Representative democracy, political stability, economic growth and peace are essential to Georgia itself, to the Caucasus region and to the West.

    H. Res. 483, as originally introduced, contains outdated language which my amendment replaces. The amendment congratulates the people of Georgia for their commitment to democracy, peace, stability and economic opportunity. The resolution commends President Saakasvili for his commitment for a peaceful, democratic Georgia, the rule of law, and open-market economy, regional cooperation and closer integration into Western institutions.

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    Finally, the resolution expresses our support for the sovereignty, independence, territorial integrity and democratic Government of the Republic of Georgia and pledges to provide support and assistance to the people and Government of the Republic of Georgia.

    I urge adoption of the amendment and the resolution.

    I will now recognize our Ranking Member, Mr. Wexler, for a statement.

    Mr. WEXLER. Thank you, Madam Chair.

    I concur with your comments. I would simply add that when people suggest that we, at times, may expect too much from Ukraine or Belarus or others; that we have examples here in Georgia that would serve as a model for those countries in the region transforming themselves as early democracies in a very successful way.

    And we should hold Ukraine and Belarus and others to the same standards that we are holding Georgia, in a very positive light. And I commend the Chair for bringing this resolution to the Committee.

    Mrs. DAVIS. Thank you, Mr. Wexler.

    Mr. McCotter, do you have a statement?

    Are there any other Members who wish to be recognized?

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    Are there any other amendments?

    If not, the question is on the amendment. All those in favor say, ''Aye.'' All those opposed, ''No.''

    The Chair will now entertain a motion that the resolution as amended be reported favorably to the Full Committee.

    Mr. WEXLER. So moved.

    Mrs. DAVIS. The question occurs on the motion to report the resolution H. Res. 483, as amended, favorably. All in favor say, ''Aye.'' All opposed, ''No.''

    The motion is approved, and the bill is reported favorably.

    Without objection, the bill will be reported favorably to the Full Committee in the form of a single amendment in the nature of a substitute incorporating the amendments adopted here today.

    Without objection, the staff is directed to make any technical and conforming amendments.

    Pursuant to notice, I call up resolution H. Res. 726 for purposes of markup. Without objection, the resolution will be considered as read and open for amendment at any point.

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    [H. Res. 726 follows:]




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    Mrs. DAVIS. At this point, for the sake of time, I will also place the amendment I am offering on the table as well.

    The clerk will read the amendment.

    Ms. HALLOCK. ''Amendment in the Nature of a Substitute——''

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    Mrs. DAVIS. I ask unanimous consent that the amendment be considered as read.

    Without objection.

    [The amendment referred to follows:]




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    Mrs. DAVIS. On June 27, 2004, Serbia conducted an election for President. In casting their votes, the people of Serbia chose Boris Tadic who represented what many consider to be continuation of the pro-democratic, pro-reform movement first championed by former Prime Minister Zoran Djindjic, who was assassinated in 2003.

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    This resolution was introduced by our former colleague and Chairman, Doug Bereuter, along with our Ranking Democrat and colleague, Mr. Burton.

    H. Res. 726, and the amendment I am offering, commends the people of Serbia for conducting recent free, fair and democratic Presidential and municipal elections and congratulates Boris Tadic on becoming President and for visiting the Congress this summer. Finally, it reaffirms the importance of respecting and protecting the economic, social, cultural and religious rights of all minorities throughout Serbia, including those Hungarian and Croat people, and others, who live in the Vojvodina region as well as those Serbs who live in Kosovo. The Serbian people and Government must understand that if they are to demand respect for the Serb minority in Kosovo, that they, themselves, must respect the rights of other minorities living in Serbia.

    When President Tadic visited the Congress in July he met with several Members, including the gentleman from Indiana who has become a champion for the interests of Serbs here in the House. I understand that President Tadic's message to the Congress was one of reform, reconciliation and cooperation with the Western democracies. We certainly welcome those commitments and encourage him to pursue these goals with vigor during his Presidency.

    H. Res. 726 also encourages the Government and people of Serbia to continue to pursue further democratic reforms; to continue to cooperate with the criminal court; to seek greater regional cooperation; and to commit to achieving the standards of government necessary to become strong members of the Euro-Atlantic community and its institutions.

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    I urge adoption of the amendment and the resolution.

    I will now recognize the Ranking Member for an opening statement.

    Mr. WEXLER. Thank you, Madam Chair.

    Again, I concur with the Chairwoman's comments.

    I simply would like to add that the recent election in Serbia just shows again the extraordinary success story that can occur when there are leaders that are committed to democratic evolution and reform. President Tadic is the great hope in Serbia for a future of stability and greater democratic reform.

    I believe that Congressman Engel has an amendment, and I will defer to him, because I believe he has an opening statement as well, if I may.

    Oh, Mr. Burton first? I apologize.

    Mr. BURTON. That is okay.

    Mrs. DAVIS. I will recognize Mr. Burton for a statement.

    Mr. BURTON. We did have a meeting, Madam Chairwoman, with President Tadic. I was very impressed with his attitude, not only regarding Serbia, but the entire region. He has made a commitment to reach out to other leaders from other ethnic groups in that entire area to try to bring about a peaceful resolution to the problems that have been going on over there on both sides in the area of ethnic cleansing.

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    So I think this is the kind of leader that we really need in that region and probably throughout the world. And I am very happy that he is trying to extend the hand to others over there to bring about a peaceful resolution to the problems they have.

    So, Tadic is a good man trying to do a good job. And we need to give him all the support we can.

    Thank you.

    Mrs. DAVIS. Thank you, Mr. Burton.

    Mr. Engel?

    Mr. ENGEL. I have an amendment at the desk.

    Mrs. DAVIS. The clerk will call up the amendment.

    Ms. HALLOCK. ''Amendment to the Amendment in the Nature of a Substitute Offered by Mr. Engel——''

    [The amendment referred to follows:]

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    Mr. ENGEL. Thank you.

    Thank you, Madam Chair.

    Let me, first of all, say that I intend to support this resolution. I met with Mr. Tadic here in Washington and was very impressed with his ability and his statement to work to resolve problems in the area and, of course, in the election. Although we never get involved in other nations' elections, I think many of us were happy to see that the voice of moderation in that election prevailed. However, there are many open sores. One in particular is the whole situation of the future of Kosovo.

    As you know, Kosovo, for many years, was an autonomous region in the former Yugoslavia. And since 1999, when Milosevic tried to ethnic cleanse the entire region of Albania, Kosovo has really been governed by the international community.

    I just want to say that I think that the future of Kosovo ought to be determined—I have said it many times before—by self-determination, to what the people of Kosovo really want. And I think that the leadership in Belgrade needs to move on and understand that Kosovo will not, in terms of a final status, be a part of Serbia. Based on 1999 and the ethnic cleansing, there is no way that the vast majority of Albanians in Kosovo would ever agree to be governed by Belgrade again.

    Having said that, however, I believe it is very important that the Serbs and other ethnic minorities in Kosovo be given due rights and be protected. I am opposed to violence no matter where it comes from in the region.

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    On October 23rd, in just a few weeks, Kosovo is having national elections. And my resolution provides simply:

  ''In the eighth clause of the preamble, insert at the end before the semicolon the following 'and the Kosovar Serbs are encourage to do the same by voting in the elections in Kosovo to be held on October 23, 2004'.''

    While I believe that the Serbs and all ethnic minorities in Kosovo need to be protected, and I abhor any kind of violence and have said that many, many times in many, many different communities. I do think that all people who live in Kosovo ought to participate in the election. Only then can you really have a true democracy and minority rights and move one step closer to self-determination in Kosovo.

    So that is what my amendment does. It simply urges the Kosovar Serbs to vote in the elections on October 23rd.

    Thank you, Madam Chair.

    Mrs. DAVIS. Thank you, Mr. Engel.

    Are there any other Members who wish to be heard on the amendment?

    If not, the question is on the amendment to the amendment in the nature of a substitute. All those in favor say, ''Aye.'' Opposed, ''No.''

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    The amendment to the amendment in the nature of a substitute is adopted.

    Are there any other amendments?

    The Chair will now entertain a motion that the resolution be reported favorably to the Full Committee as amended.

    The question occurs on the motion to report the resolution H. Res. 726 as amended favorably. All in favor say ''Aye.'' All opposed ''No.''

    The motion is approved, and the bill is reported favorably.

    Without objection, the bill will be reported favorably to the Full Committee in the form of a single amendment in the nature of a substitute incorporating the amendments adopted here today.

    Without objection, the staff is directed to make any technical and conforming amendments.

    Pursuant to notice, I call up the resolution, H. Con. Res. 412, for purposes of markup. Without objection, the resolution will be considered as read and open for amendment at any point.

    [H. Con. Res. 412 follows:]

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96356e.AAB




96356e.AAC




96356e.AAD

    Mrs. DAVIS. At this point, for the sake of time, I will also place the amendment I am offering on the table as well.

    Ms. HALLOCK. ''Amendment in the Nature of a Substitute——''

    Mrs. DAVIS. I ask unanimous consent that the amendment be considered as read.

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    Without objection.

    [The amendment referred to follows:]




96356i.AAB




96356i.AAC




96356i.AAD

    Mrs. DAVIS. H. Con. Res. 412 was introduced by several of our colleagues, including the Ranking Democrat, Mr. Wexler. The resolution commends the Turkish Cypriot people for their support for a unification plan for Cyprus.

    I want to first commend the Ranking Democrat for his commitment to a just and lasting peace in Cyprus and for his cooperation on the amendment that I am offering.

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    Last year, the House considered and passed a resolution calling on both sides in the dispute to move quickly toward adopting a plan for unification. The resolution was particularly hard on the Turkish Cypriot leadership which was seen by many as the principal impediment to a solution. After a period of negotiations on a comprehensive initiative, the people of Cyprus, on April 24th, went to the polls to vote on the plan presented by U.N. Secretary General Kofi Annan to secure a lasting peace and a permanent end to the division of the Island.

    In that vote, an overwhelming majority of Turkish Cypriot citizens voted for the Annan Plan to reunify the country. This resolution recognizes the commitment the Turkish Cypriots made to adopt this plan and end the division of the Island.

    The resolution also recognizes the many personalities who were involved in the process of negotiating the plan and bringing it to a final vote. Although the resolution does not mention them, we should note the efforts made by Mr. Mehmet Ali Talat and Mr. Serder Denktash for their willingness to work together on this matter in such a positive way.

    As mentioned, I have offered a substitute amendment to H. Con. Res. 412. The amendment makes a few language adjustments and adds an additional recognition of some of the numerous confidence-building measures initiated by both sides since the referendum. These are seen as additional opportunities to build new momentum for any future negotiations which would help initiate a new effort to reunify the Island.

    Hopefully these and other measures will eventually lead us to a new round of negotiations which will result in a unified Cyprus.

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    I urge adoption of the amendment and the resolution.

    I would now like to recognize Mr. Wexler.

    Mr. WEXLER. Thank you, Madam Chair, especially for marking up this resolution.

    On April 24th, a historic vote was taken in an effort to reunify Greek and Turkish Cypriots on the divided Island of Cyprus.

    The Annan Plan, sponsored by the United Nations and supported by the United States, European Union, Turkey and Greece, was an extraordinary effort to bring lasting peace and stability to Cyprus for the first time in over four decades. Unfortunately, Greek Cypriots rejected the Annan Plan leaving the Turkish Cypriot community—who voted overwhelmingly in favor of the U.N.-sponsored plan—without the peace they so desperately desired.

    The resolution before the Subcommittee today praises the Turkish Cypriot people, as well as Prime Minister Talat, for supporting the Annan Plan and its goals of reunification. It also recognizes the leading role of Turkish Prime Minister Erdogan, who was unwavering in his commitment to bring lasting peace to Cyprus. Finally, it lauds the Greek Prime Minister for supporting the U.N.-sponsored plan despite the opposition of the Greek Cypriot leadership.

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    For many Turkish Cypriots who desired reconciliation with the south, membership in the EU as part of a unified Cyprus, as well as an improved economy, found that their decision to support the Annan Plan was not easy. For over 40 years, the Turkish Cypriot community has suffered greatly under the weight of international political isolation and economic sanctions. Given the Turkish Cypriots' strong vote in favor of the Annan Plan and overwhelming international recognition of their courageous decision, it is critical that the U.S., EU and U.N. follow through on their calls to end the unjustified isolation of Northern Cyprus. Unfortunately, despite strong sentiments expressed by Secretary General Kofi Annan, Prime Minister Tony Blair and American and EU officials to remove these onerous barriers, little has been done to lift these restrictions.

    It has been over 5 months since the referendum, and the international community has not kept its promises to the Turkish Cypriot people.

    During this time, the Northern Cypriot Government has furthered its commitment to peace by announcing that all churches in the north are free to conduct liturgies, creating new border crossings and opening its secondary-level school for Greek Cypriots living in the Karpaz area. It is a testament to the strength and determination of the Turkish Cypriots, who continue to pursue peace on Cyprus regardless of the inaction of the international community.

    While Greek Cypriots have reaped the benefits of EU membership, it is now incumbent upon the international community to lift up the Northern Cypriots. The Turkish Cypriot people have proven that they are no longer an obstacle to peace, and it is unconscionable for anyone to argue that the status quo is acceptable.

    Thank you.

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    Mrs. DAVIS. Thank you, Mr. Wexler.

    Are there any other Members who wish to be recognized?

    Mr. Burton?

    Mr. BURTON. Madam Chairman, we have debated this issue for, I do not know—I have been here 22 years, and I know we have debated it at least 15 to 20 years. And I think progress is being made. I think the moves made by the Turkish Cypriots to open up the borders for church services and that sort of thing is a step in the right direction. And I agree with Mr. Wexler, that it is extremely important that in addition to the Greek Cypriots getting the economic recognition they want from the EU, that the Turkish Cypriots should as well. So that would be another step toward bringing about goodwill and maybe reunification of the Island.

    So I can wholeheartedly concur.

    Mrs. DAVIS. Thank you, Mr. Burton.

    Ms. Lee?

    Ms. LEE. Thank you, Madam Chair.

    I am opposed to this amendment in the nature of a substitute. It really, quite frankly, is completely one-sided. It is poorly written and it is not consistent with our longstanding policy of support for the reunification of Cyprus.

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    Specifically, the amendment seeks to recognize and perpetuate the division on the Island by rewarding the Turkish Cypriot community at the expense of Greek Cypriots. It lauds the Turkish Cypriot community for their confidence-building measures, which is fine, but it makes no mention of the ongoing efforts of the Republic of Cyprus to ease tensions, to broaden community interaction and to extend the benefits of EU membership to Turkish Cypriots.

    So, Madam Chair, the fact of the matter is that today on the Island of Cyprus there are two communities—one Greek, one Turkish. Both communities want desperately to see an end to the division of their country. Although the Greek Cypriot community rejected the Annan Plan because they legitimately believed that it was flawed, they never relinquished the hope of reunification.

    This resolution, as it is framed, would, quite frankly, hinder ongoing efforts to reunify the two communities by encouraging the recognition of a separate political entity in Northern Cyprus. It would legitimate the Island's division by encouraging aid to go directly to the north, rather than working through the existing Government of the Republic of Cyprus.

    I believe that if the United States is truly interested in seeking a reunified Cyprus, then we cannot support this resolution as it is currently written. And I urge my colleagues to vote ''no'' on it.

    Thank you. And I yield the balance of my time.

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    Mrs. DAVIS. Thank you, Ms. Lee.

    Actually, three of the confidence-building measures were Greek-initiated, and all the references to the Greek position were deleted.

    Mr. McCotter?

    Mr. MCCOTTER. Yes, following up on the gentlelady's previous remarks, it seems to me that it takes two to tango. And while one side might have supported the plan, another side did not. And at the end of the day, they have to live there with each other. And perhaps there is a better plan out there that both could agree on. It seems to me precipitous to side with one over the other, because it is really rather irrelevant in the long run.

    Ms. LEE. Would the gentleman yield, please?

    Mr. MCCOTTER. Yes.

    Ms. LEE. I must agree with you, and I think this resolution does agree with one side versus the other. And I think that we should be in the business of trying to forge a policy that creates the reunification.

    Mr. ENGEL. Madam Chair?

    Mr. MCCOTTER. I yield.

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    Mr. ENGEL. I am sorry.

    Mr. MCCOTTER. Yes, I am done.

    Mr. ENGEL. I have an amendment at the desk. I do not know if this is the right time to introduce it.

    Mrs. DAVIS. The clerk will call up the amendment.

    Ms. HALLOCK. ''Amendment to the Amendment in the Nature of a Substitute Offered by Mr. Engel——''

    Mr. ENGEL. Thank you, Madam Chairwoman.

    Mrs. DAVIS. The amendment can be considered as read.

    [The amendment referred to follows:]

96356b.eps

    Mr. ENGEL. I rise to offer an amendment to the amendment in the nature of a substitute. Let me tell you that there are two small changes I wish to offer to this resolution.

    Let me first of all say that I agree with Ms. Lee, essentially, and Mr. McCotter, in that it does take two to tango. And I think that we will only have a resolution of the problems on Cyprus if both communities find a middle ground or find a ground on which they can both agree. If one community agrees with the document and the other one does not, we are obviously not going to have agreement.

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    There are a number of problems with the agreement that the Greek side has talked about for a while, and I just want to say, they are not insubstantial disagreements. Certain rights and freedoms in the agreement were prohibited. I will just mention three. The control of one's Government entities and all military forces in one's country. That right and freedom was prohibited, the Greek side believes, by the agreement. Freedom from restrictions keeping types of citizens from residing in parts of the country, purchasing property or keeping their property. And finally, a democracy preponderantly based on the one-person, one-vote principle. Many on the Greek side believe this agreement prohibited that without discriminatory restrictions against certain types of citizens in certain areas.

    So, you know, again, the agreement can only happen if the Cypriots agree. It is nice that the leaders of Greece and Turkey agree, but we have to have the Greek Cypriots and the Turkish Cypriots agreeing in order for the amendment to be valid and to be workable.

    So I offer to amendment which talks about two small changes; it does not talk about the whole thing. Clause 2 of the resolve section suggests that the Turkish Cypriot people should not abandon all hope of a united Cyprus or eventual membership in the EU.

    I believe that the statement is technically inaccurate, because all of Cyrus is in the EU, including the north, and that includes the first part of my amendment.

    The final resolve clause is also problematic. While I certainly support efforts to enhance the economic development of the northern part of Cyprus and hope that the situation facing Turkish Cypriots will improve, the truth is the isolation of the northern part of Cyprus is due to the illegal occupation by a foreign army. And that is why it has been isolated. Any suggestion that might imply some form of recognition, which I believe is buried in this clause, is misplaced. Regardless of whether one thinks the Turkish Cypriots were right or wrong or the Greek Cypriots were right or wrong in their positions toward the Annan Plan. Again, as Ms. Lee mentioned, and I agree, this issue can only be resolved in negotiations between the parties.

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    So let us support enhanced economic development of the northern part of Cyprus, which my amendment does, and not political changes, which should only occur at the bargaining table.

    And the second part of my amendment, beginning on line 5, would strike ''designed to'' and all that follows, through line 7 and insert ''to improve the economic development of the Turkish Cypriot community''. That way we can truly talk about improving the lives of people without prejudging very difficult political negotiations which still have to be negotiated if there is going to be an agreement between Greek Cypriots and Turkish Cypriots.

    Mr. BURTON. Would the gentleman yield?

    Mr. ENGEL. Certainly.

    Mr. BURTON. If we pass your amendment, are you going to vote for this thing?

    Mr. ENGEL. No, I will not, because——

    Mr. BURTON. I did not think so.

    Mr. ENGEL. I have some problem with it. Although I do think that my amendment will make it a better document, I still have problems with other clauses.

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    Mr. BURTON. Will the Chair yield to me?

    Mrs. DAVIS. Yes, I will yield to you, Mr. Burton.

    Mr. BURTON. You know, I can count. There are four votes against this and three for. So I can see where we are going on this thing and it is not going to pass. But the thing that bothers me is, back when they were going to have unified elections and everything there, Archbishop Makarios came up with a policy—he was elected leader there. He came up with a policy of enosis, which was to reunite Cyprus with Greece. And that is when the whole problem started, because the Turkish Cypriots felt like they were going to be left out in the cold. And then a civil war started there and the Turkish Cypriots were being literally annihilated. And that is why Turkey sent troops in there, to protect the Turkish Cypriots on the northern part of the Island. And so that is when the Green Line took place.

    Now, if they are ever going to solve this problem and if you are going to get the Turkish troops off the Island, there is going to have to be an agreement that both sides are going to live together and they are both going to have the same economic benefits as the other.

    If you cannot even pass a resolution like this, then I do not think there is any chance of things getting better in the future. I mean, this goes back a long, long way. Everybody wants this problem solved—the EU and everybody, including the United States. But it is not going to be solved as long as you cannot give equal rights and benefits to the Turkish Cypriots and that they are guaranteed security in the Northern Cypriot area.

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    That guarantee is still not there, and that is why you have Turkish troops there.

    Mrs. DAVIS. Mr. Wexler?

    Mr. WEXLER. If I may speak to the criticism voiced by the Members as to the resolution. With all due respect, we are not here arguing the merits of the Cypriot division throughout the decades. We are here talking about the specific language of this resolution.

    Mrs. Lee talked about taking sides and so forth. Let us go through the resolution, because, with all due respect, I do not think it takes sides.

    All the resolution does, as offered by the Chair, is it congratulates the Turkish Cypriots for their vote in favor of the U.N. plan. We cannot congratulate the Greek Cypriot side, because they voted against it.

    And unless you take the position that the U.N., the EU and the American position—which has been the American position for decades—should be changed, then I do not think anybody can have any issue with the language of the first subsection.

    The resolution then goes on to commend the U.N. Secretary General and then the individual actors, both Colin Powell and Tom Weston—I do not think anybody can have any issue with Tom Weston who has devoted his life to this thing—it goes on to commend them for their creative efforts.

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    It then expresses the appreciation to the Prime Minister of Turkey and the Prime Minister of Greece. And then it welcomes the confidence-building measures announced by both sides. Period.

    In fairness, then, it applauds the decision of the U.S. Government and the EU to initiate financial measures to end the isolation of the Turkish Cypriot side. How is that taking sides?

    The Greek side is in the EU. There is no financial measures to be given to the Greek Cypriot side. The Turkish side is outside the EU. So that is why they are being offered some financial incentives for having voted for the plan.

    If the world takes the attitude, with all due respect, of the opposition here, why would the Turkish Cypriots even negotiate ever again? Because here they are, they supported what they were supposed to, and they have gotten nothing. Now we are going to take what little they may get away, if that was the prevailing view?

    So, to argue that this resolution somehow prevents future progress, with all due respect, seems not to reflect the terms of the resolution.

    And I would beg the three Members of the Subcommittee that seem to have reservations, to possibly reconsider. Because this is about as bland a resolution that I could ever imagine being drafted up on Cyprus without offending either side.

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    It simply just congratulates people for voting, and recognizing which Prime Ministers did which. This is equal to Turkey and Greece. And Greece is in the EU, and the Turkish Cypriots are not.

    Thank you.

    Mrs. DAVIS. Mr. McCotter?

    Mr. MCCOTTER. Yes. As I have been begged to reconsider, let me just say I am not going to reconsider.

    In the first resolution in the third whereas clause, I think you have the meat of the matter. It says, ''whereas in separate referenda,'' blah, blah, blah, ''Turkish Cypriots voted to support the United Nations-sponsored plan, but 75 percent of Greek Cypriots voted to reject the plan . . .''.

    Under the second——

    Mr. WEXLER. If I may——

    Mr. MCCOTTER. Under the nature of a substitute, which we have in front of us, that portion was deleted and changed to 65 percent Turkish Cypriots.

    It seems to me that the first one was a more honest attempt of what we are after. Because if I have two children and one son gets A's and the daughter gets C's, and all I do is praise the son who gets A's, the daughter who gets C's knows I am not happy with her.

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    I think that we are fooling ourselves that the Greek Cypriots will not notice the difference, that we are praising people for their vote.

    It seems that if we want to get something done today, the clause that is offensive to some of us should be removed, take out ''65 percent of Turkish Cypriots'' in the amendment of the nature of a substitute.

    Mr. WEXLER. Would you yield, if you do not mind?

    Mr. MCCOTTER. I am done.

    Mr. WEXLER. If I may just respond quickly so everyone understands, we did not want there to be anything in the resolution that would be critical of the Greek Cypriot side. That is why it was taken out.

    I mean, I think you are arguing an impossible position for us. If we put in what might be perceived as critical, then I would agree with Mrs. Lee, we would have taken sides.

    Ms. LEE. Would the gentleman yield for 1 second, please?

    Mrs. DAVIS. Mr. McCotter, would you yield to Ms. Lee?

    Mr. MCCOTTER. Yes.

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    Ms. LEE. Thank you very much.

    I appreciate the gentleman's comments and response. But I think what I see and how I see this is—one is that it would not have been necessarily critical; it would have been the reality of the fact that, first of all, 75 percent of Greek Cypriots did not find the Annan Plan as a historic opportunity. And that, to me, is a very glaring void.

    It is completely, I think, one-sided in the sense that if you are talking about a process by which this Subcommittee is trying to send a message in terms of seeking reunification of Cyprus, then I do not believe we need to congratulate one side or the other. We need to have a resolution that makes sense to try to bring both sides together to move forward.

    Mr. WEXLER. Madam Chair——

    Mrs. DAVIS. Mr. McCotter, do you yield back your time?

    Mr. MCCOTTER. As a practical matter too, in many ways what Ms. Lee said, if you have a group of people who voted 75 percent against something and you need the Turkish and the Greek Cypriots to come together in an agreement, you run the risk—through a resolution such as this, whether by commission or omission—of making the one side dig their heels in and make it far harder for them, feeling persecuted, to come to any kind of decision or any accommodation. I think it is counterproductive.

    And as for the argument of why the Turkish army is there or not, as an Irish Catholic whose grandfather was born in Antrim County, I understand the other side of that coin too.

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    I yield back.

    Mrs. DAVIS. Thank you, Mr. McCotter.

    I yield to Mr. Wexler.

    Mr. WEXLER. If the Members will indulge me for a second. I would be happy to offer an amendment to put back the language you just spoke about that you think would make it more honest—I would be happy to offer an amendment to do that. We actually thought we were making it a more acceptable resolution by taking it out. But if it is, in fact, more acceptable, then we would be happy to put it back in.

    Mr. MCCOTTER. If the gentleman will yield?

    That is more honest in terms of the intent of the resolution, but it does not make it more acceptable to me. However, it would have made it more honest.

    Mr. WEXLER. Well, I took Mrs. Lee at her word.

    Ms. LEE. No, there are other issues that are troublesome in this resolution. In addition—I was citing one example. But, for instance, there is some language here that talks about—it is in section 1, clause 5—additional border crossings. And again, I do not believe that there are any borders in Cyprus. That implies that you have two different states.

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    So there are other issues in the resolution that I would want to see addressed. I would not be prepared to vote for it even if one or two of the items were amended out.

    Mr. WEXLER. If I may, Madam Chair, just reclaiming the time, Mrs. Lee brings up a concern. That's the Greek position that you apparently may take objection to. We were putting in the Greek Cypriot position. That is the offer, the actions they have taken. We were being even-handed. We were saying what the Turkish side has done and what the Greek side has done. And I do not know how we could possibly——

    Ms. LEE. Well, I am not trying to take either side on this.

    Mr. WEXLER. Nor does the resolution.

    Ms. LEE. I am just saying my opinion on the language in terms of the use of ''border'' as a word, it implies two different states. And I would object to that being in there, again as trying to play a positive role in terms of being objective in this.

    Mr. WEXLER. Okay. Just to explain, though, that is the Greek Cypriot position, not the Turkish Cypriot position.

    Ms. LEE. I understand. I understand.

    Mr. WEXLER. And we were offering it in fairness.

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    Ms. LEE. I understand. But in fairness, I am not taking one position or the other.

    Mr. WEXLER. Okay.

    Mrs. DAVIS. The question is on the amendment offered by Mr. Engel. The question is on the amendment to the amendment in the nature of a substitute. All those in favor say, ''Aye.'' Opposed, ''No.''

    The ayes have it.

    The question now is on the amendment in the nature of a substitute as amended. All those in favor say, ''Aye.'' Opposed, ''No.''

    Mr. BURTON. Want to take a rollcall vote, Madam Chair?

    Mrs. DAVIS. The amendment by Mr. Engel was adopted.

    The amendment in the nature of a substitute as amended failed, I believe.

    Do we need a rollcall vote?

    Mr. BURTON. Yes, I would like a rollcall vote.

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    Mrs. DAVIS. A rollcall vote is requested on the amendment to the——

    Mr. MCCOTTER. On adoption to put in front of us the amendment?

    Mrs. DAVIS. Exactly, yes. This is not passage of the resolution. This is putting the amendment in the nature of a substitute as amended before us to vote.

    Mr. BURTON. We can tally up——

    Mrs. DAVIS. As I heard it, the noes had it.

    Mr. MCCOTTER. No.

    Mrs. DAVIS. The noes did not have it?

    Mr. MCCOTTER. I was voting ''yes.''

    Mrs. DAVIS. Okay, there seems to be some confusion. We will take that vote over again.

    The question is on——

    Mr. ENGEL. I am sorry. Parliamentary inquiry, I guess.

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    Is this final passage of the amendment——

    Mrs. DAVIS. No.

    Mr. ENGEL [continuing]. Or is this the ability for you to substitute your amendment for the original wording?

    Mrs. DAVIS. This is substituting the amendment in the nature of a substitute as amended with your amendment, to put it before us in order to vote on it.

    Mr. ENGEL. Okay. So there still has to be one vote for final passage?

    Mrs. DAVIS. Yes.

    The question is on the passage of the substitute as amended. All those in favor say, ''Aye.'' Opposed, ''No.''

    Mr. ENGEL. I am still confused. I am sorry.

    Mrs. DAVIS. You are not voting to report it out of Committee. You are voting on passing the substitute as amended to put it before us in order to vote to report it out of Committee.

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    The amendment in the nature of a substitute is adopted.

    And the question occurs now on the final passage of the resolution, as amended, to be reported favorably to the Full Committee. All those in favor say, ''Aye.'' Opposed, ''No.''

    Mr. BURTON. Rollcall.

    Mrs. DAVIS. A rollcall vote is requested.

    Call the roll.

    Ms. HALLOCK. Mr. Burton?

    Mr. BURTON. Aye.

    Ms. HALLOCK. Mr. McCotter?

    Mr. MCCOTTER. No.

    Ms. HALLOCK. Mrs. Davis?

    Mrs. DAVIS. Aye.

    Ms. HALLOCK. Mr. Wexler?

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    Mr. WEXLER. Aye.

    Ms. HALLOCK. Mr. Engel?

    Mr. ENGEL. No.

    Ms. HALLOCK. And Mrs. Lee?

    Ms. LEE. No.

    Mr. BURTON. That is what I told you. We could have stopped this an hour ago.

    Ms. HALLOCK. Chairman Davis, it is tallied up as 3–3.

    Mrs. DAVIS. The motion is defeated.

    And that is the end of the markup. The Subcommittee is now adjourned.

    [Whereupon, at 2:40 p.m., the Subcommittee was adjourned.]