[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3890 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 3890

_______________________________________________________________________

                                 AN ACT


 
To amend the Burmese Freedom and Democracy Act of 2003 to impose import 
   sanctions on Burmese gemstones, expand the number of individuals 
against whom the visa ban is applicable, expand the blocking of assets 
        and other prohibited activities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Block Burmese JADE (Junta's Anti-
Democratic Efforts) Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Burmese regime has continued and worsened its 
        obstruction of democratic processes and mass violation of human 
        rights identified in the Burmese Freedom and Democracy Act of 
        2003 (Public Law 108-61; 50 U.S.C. 1701 note). In August and 
        September 2007, Burmese people from all walks of life conducted 
        their largest peaceful public protests since 1988. The peaceful 
        public protests responded to a drastic increase in fuel prices, 
        as well as the Burmese regime's ongoing denial of the 
        democratic and human rights of the Burmese people. On September 
        24, 2007, Buddhist monks actively participated and increasingly 
        led these peaceful demonstrations, culminating in an estimated 
        100,000 people marching through Rangoon, Burma. The protesters 
        peacefully demanded the release of 1991 Nobel Peace Prize 
        Winner Daw Aung San Suu Kyi, the leader of the National League 
        for Democracy (NLD), marching past security barricades to her 
        house in a show of support for Burmese democracy. The Burmese 
        regime continues to refuse to recognize the results of the 1990 
        election, won by the NLD, which gave Aung San Suu Kyi's party 
        the right to form a government.
            (2) The Burmese regime, which calls itself the State Peace 
        and Development Council (SPDC), responded to these peaceful 
        protests with a violent crackdown leading to the reported 
        killing of some 200 people, including a Japanese 
        photojournalist, and hundreds of injuries. Human rights groups 
        further estimate that over 2,000 individuals have been 
        detained, arrested, imprisoned, beaten, tortured, or otherwise 
        intimidated as part of this crackdown. The Burmese regime 
        continues to detain, torture, and otherwise intimidate those 
        individuals whom it believes participated in or led the 
        protests and it has closed down or otherwise limited access to 
        several monasteries and temples that played key roles in the 
        protests.
            (3) The Burmese regime and its supporters finance their 
        ongoing violations of human rights, undemocratic policies, and 
        military activities through financial transactions, travel, and 
        trade involving the United States, including the sale of 
        gemstones. Despite the sanctions imposed in the Burmese Freedom 
        and Democracy Act of 2003, the Burmese regime seeks out ways to 
        evade these restrictions. Millions of dollars in gemstones that 
        are exported from Burma ultimately enter the United States but 
        the Burmese regime attempts to conceal the origin of the 
        gemstones in an effort to evade the sanctions in the Burmese 
        Freedom and Democracy Act of 2003. For example, over 90 percent 
        of the world's ruby supply originates in Burma but only three 
        percent of the rubies entering the United States are claimed to 
        be of Burmese origin. The value of Burmese gemstones is more 
        than 99 percent a function of their original quality and 
        geological origin, and not a result of the labor involved in 
        cutting and polishing the gemstones.

SEC. 3. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT OF 2003.

    (a) Prohibition on Importation of Jadeite and Rubies From Burma and 
Articles of Jewelry Containing Jadeite or Rubies From Burma.--The 
Burmese Freedom and Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 
1701 note) is amended by inserting after section 3 the following new 
section:

``SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA 
              AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM 
              BURMA.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Ways and Means and the 
                Committee on Foreign Affairs of the House of 
                Representatives; and
                    ``(B) the Committee on Finance and the Committee on 
                Foreign Relations of the Senate.
            ``(2) Burmese covered article.--The term `Burmese covered 
        article' means--
                    ``(A) jadeite mined or extracted from Burma;
                    ``(B) rubies mined or extracted from Burma; or
                    ``(C) articles of jewelry containing jadeite 
                described in subparagraph (A) or rubies described in 
                subparagraph (B).
            ``(3) Non-burmese covered article.--The term `non-Burmese 
        covered article' means--
                    ``(A) jadeite mined or extracted from a country 
                other than Burma;
                    ``(B) rubies mined or extracted from a country 
                other than Burma; or
                    ``(C) articles of jewelry containing jadeite 
                described in subparagraph (A) or rubies described in 
                subparagraph (B).
            ``(4) Jadeite; rubies; articles of jewelry containing 
        jadeite or rubies.--
                    ``(A) Jadeite.--The term `jadeite' means any 
                jadeite classifiable under heading 7103 of the 
                Harmonized Tariff Schedule of the United States (in 
                this paragraph referred to as the `HTS').
                    ``(B) Rubies.--The term `rubies' means any rubies 
                classifiable under heading 7103 of the HTS.
                    ``(C) Articles of jewelry containing jadeite or 
                rubies.--The term `articles of jewelry containing 
                jadeite or rubies' means--
                            ``(i) any article of jewelry classifiable 
                        under heading 7113 of the HTS that contains 
                        jadeite or rubies; or
                            ``(ii) any article of jadeite or rubies 
                        classifiable under heading 7116 of the HTS.
            ``(5) United states.--The term `United States', when used 
        in the geographic sense, means the several States, the District 
        of Columbia, and any commonwealth, territory, or possession of 
        the United States.
    ``(b) Prohibition on Importation of Burmese Covered Articles.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, until such time as the President determines and certifies 
        to the appropriate congressional committees that Burma has met 
        the conditions described in section 3(a)(3), beginning 60 days 
        after the date of the enactment of the Block Burmese JADE 
        (Junta's Anti-Democratic Efforts) Act of 2007, the President 
        shall prohibit the importation into the United States of any 
        Burmese covered article.
            ``(2) Regulatory authority.--The President is authorized 
        to, and shall as necessary, issue such proclamations, 
        regulations, licenses, and orders, and conduct such 
        investigations, as may be necessary to implement the 
        prohibition under paragraph (1).
            ``(3) Other actions.--Beginning on the date of the 
        enactment of this Act, the President shall take all appropriate 
        actions to seek the following:
                    ``(A) The issuance of a draft waiver decision by 
                the Council for Trade in Goods of the World Trade 
                Organization granting a waiver of the applicable 
                obligations of the United States under the World Trade 
                Organization with respect to the provisions of this 
                section and any measures taken to implement this 
                section.
                    ``(B) The adoption of a resolution by the United 
                Nations General Assembly expressing the need to address 
                trade in Burmese covered articles and calling for the 
                creation and implementation of a workable certification 
                scheme for non-Burmese covered articles to prevent the 
                trade in Burmese covered articles.
    ``(c) Requirements for Importation of Non-Burmese Covered 
Articles.--
            ``(1) In general.--Except as provided in paragraph (2), 
        until such time as the President determines and certifies to 
        the appropriate congressional committees that Burma has met the 
        conditions described in section 3(a)(3), beginning 60 days 
        after the date of the enactment of the Block Burmese JADE 
        (Junta's Anti-Democratic Efforts) Act of 2007, the President 
        shall require as a condition for the importation into the 
        United States of any non-Burmese covered article that--
                    ``(A) the exporter of the non-Burmese covered 
                article has implemented measures that have 
                substantially the same effect and achieve the same 
                goals as the measures described in clauses (i) through 
                (iv) of paragraph (2)(B) (or their functional 
                equivalent) to prevent the trade in Burmese covered 
                articles; and
                    ``(B) the importer of the non-Burmese covered 
                article agrees--
                            ``(i) to maintain a full record of, in the 
                        form of reports or otherwise, complete 
                        information relating to any act or transaction 
                        related to the purchase, manufacture, or 
                        shipment of the non-Burmese covered article for 
                        a period of not less than 5 years from the date 
                        of entry of the non-Burmese covered article; 
                        and
                            ``(ii) to provide the information described 
                        in clause (i) to the relevant United States 
                        authorities upon request.
            ``(2) Exception.--
                    ``(A) In general.--The President may waive the 
                requirements of paragraph (1) with respect to the 
                importation of non-Burmese covered articles from any 
                country with respect to which the President determines 
                and certifies to the appropriate congressional 
                committees has implemented the measures described in 
                subparagraph (B) (or their functional equivalent) to 
                prevent the trade in Burmese covered articles.
                    ``(B) Measures described.--The measures referred to 
                in subparagraph (A) are the following:
                            ``(i) With respect to exportation from the 
                        country of jadeite or rubies in rough form, a 
                        system of verifiable controls on the jadeite or 
                        rubies from mine to exportation demonstrating 
                        that the jadeite or rubies were not mined or 
                        extracted from Burma, and accompanied by 
                        officially-validated documentation certifying 
                        the country from which the jadeite or rubies 
                        were mined or extracted, total carat weight, 
                        and value of the jadeite or rubies.
                            ``(ii) With respect to exportation from the 
                        country of finished jadeite or polished rubies, 
                        a system of verifiable controls on the jadeite 
                        or rubies from mine to the place of final 
                        finishing of the jadeite or rubies 
                        demonstrating that the jadeite or rubies were 
                        not mined or extracted from Burma, and 
                        accompanied by officially-validated 
                        documentation certifying the country from which 
                        the jadeite or rubies were mined or extracted.
                            ``(iii) With respect to exportation from 
                        the country of articles of jewelry containing 
                        jadeite or rubies, a system of verifiable 
                        controls on the jadeite or rubies from mine to 
                        the place of final finishing of the article of 
                        jewelry containing jadeite or rubies 
                        demonstrating that the jadeite or rubies were 
                        not mined or extracted from Burma, and 
                        accompanied by officially-validated 
                        documentation certifying the country from which 
                        the jadeite or rubies were mined or extracted.
                            ``(iv) With respect to re-exportation from 
                        the country of jadeite or rubies in rough form, 
                        finished jadeite or polished rubies, or 
                        articles of jewelry containing jadeite or 
                        rubies, a system of verifiable controls on the 
                        jadeite or rubies or articles of jewelry 
                        containing jadeite or rubies ensuring that no 
                        jadeite or rubies mined or extracted from Burma 
                        have entered the legitimate trade in jadeite or 
                        rubies.
                            ``(v) Verifiable recordkeeping by all 
                        entities and individuals engaged in mining, 
                        importation, and exportation of non-Burmese 
                        covered articles in the country, and subject to 
                        inspection and verification by authorized 
                        authorities of the government of the country in 
                        accordance with applicable law.
                            ``(vi) Implementation by the government of 
                        the country of proportionate and dissuasive 
                        penalties against any persons who violate laws 
                        and regulations designed to prevent trade in 
                        Burmese covered articles.
                            ``(vii) Full cooperation by the country 
                        with the United Nations or other official 
                        international organizations that seek to 
                        prevent trade in Burmese covered articles.
    ``(d) Inapplicability.--
            ``(1) In general.--The requirements of subsection (b)(1) 
        and subsection (c)(1) shall not apply with respect to the 
        importation of Burmese covered articles and non-Burmese covered 
        articles, respectively, that were previously exported from the 
        United States and reimported into the United States by the same 
        person, without having been advanced in value or improved in 
        condition by any process or other means while outside the 
        United States, if the person declares that the reimportation of 
        the Burmese covered articles or non-Burmese covered articles, 
        as the case may be, satisfies the requirements of this 
        paragraph.
            ``(2) Additional provision.--The requirements of subsection 
        (c)(1) shall not apply with respect to the importation of non-
        Burmese covered articles that are imported by or on behalf of 
        an individual for personal use and accompanying an individual 
        upon entry into the United States.
    ``(e) Enforcement.--Burmese covered articles or non-Burmese covered 
articles that are imported into the United States in violation of any 
prohibition of this Act or any other provision law shall be subject to 
all applicable seizure and forfeiture laws and criminal and civil laws 
of the United States to the same extent as any other violation of the 
customs laws of the United States.
    ``(f) Sense of Congress.--
            ``(1) In general.--It is the sense of Congress that the 
        President should take the necessary steps to seek to negotiate 
        an international arrangement--similar to the Kimberley Process 
        Certification Scheme for conflict diamonds--to prevent the 
        trade in Burmese covered articles. Such an international 
        arrangement should create an effective global system of 
        controls and should contain the measures described in 
        subsection (c)(2)(B) (or their functional equivalent).
            ``(2) Kimberley process certification scheme defined.--In 
        paragraph (1), the term `Kimberley Process Certification 
        Scheme' has the meaning given the term in section 3(6) of the 
        Clean Diamond Trade Act (Public Law 108-19; 19 U.S.C. 3902(6)).
    ``(g) Report.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of the Block Burmese JADE (Junta's Anti-
        Democratic Efforts) Act of 2007, the President shall transmit 
        to the appropriate congressional committees a report describing 
        what actions the United States has taken during the 60-day 
        period beginning on the date of the enactment of such Act to 
        seek--
                    ``(A) the issuance of a draft waiver decision by 
                the Council for Trade in Goods of the World Trade 
                Organization, as specified in subsection (b)(3)(A);
                    ``(B) the adoption of a resolution by the United 
                Nations General Assembly, as specified in subsection 
                (b)(3)(B); and
                    ``(C) the negotiation of an international 
                arrangement, as specified in subsection (f)(1).
            ``(2) Update.--Not later than 180 days after the 
        transmission of the report required under paragraph (1), and 
        every 6 months thereafter, the President shall transmit to the 
        appropriate congressional committees an update of the report 
        describing the continued efforts of the United States to seek 
        the items specified in subparagraphs (A), (B), and (C) of 
        paragraph (1).
    ``(h) GAO Report.--Not later than 14 months after the date of the 
enactment of the Block Burmese JADE (Junta's Anti-Democratic Efforts) 
Act of 2007, the Comptroller General of the United States shall submit 
to the appropriate congressional committees a report on the 
effectiveness of the implementation of this section. The Comptroller 
General shall include in the report any recommendations or any 
modifications to this Act that may be necessary.''.
    (b) Visa Ban.--Paragraph (1) of section 6(a) of the Burmese Freedom 
and Democracy Act of 2003 is amended to read as follows:
            ``(1) Visa ban.--
                    ``(A) In general.--The Secretary of State shall 
                deny the issuance of a visa and the Secretary of 
                Homeland Security shall deny admission to the United 
                States to a sanctioned person (as such term is defined 
                in section 4(b)(8).
                    ``(B) Waiver.--The ban described in subparagraph 
                (A) may be waived only if the President determines and 
                certifies in writing to Congress that such is in the 
                national interests of the United States.''.
    (c) Freezing Assets of the Burmese Regime in the United States.--
Section 4 of the Burmese Freedom and Democracy Act of 2003 is amended--
            (1) by redesignating subsections (b) and (c) as subsection 
        (c) and (d); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Blocking of Assets and Other Prohibited Activities.--
            ``(1) In general.--The President shall block all property 
        and interests in property, including all commercial, 
        industrial, or public utility undertakings or entities, that, 
        on or after the date of the enactment of the Block Burmese JADE 
        (Junta's Anti-Democratic Efforts) Act of 2007--
                    ``(A) are owned, in whole or in part, by any 
                sanctioned person; and
                    ``(B) are in the United States, or in the 
                possession or control of the Government of the United 
                States or of any financial institution or financial 
                agency organized under the laws of a State, territory, 
                or possession of the United States, including any 
                branch or office of such financial institution or 
                financial agency that is located outside the United 
                States.
            ``(2) Prohibited activities.--Any person who, on or after 
        the date of the enactment of the Block Burmese JADE (Junta's 
        Anti-Democratic Efforts) Act of 2007, engages in any of the 
        following activities shall be subject to penalties described in 
        paragraph (6):
                    ``(A) Payments or transfers of any property, or any 
                transactions involving the transfer of anything of 
                economic value by any United States person, including 
                any financial institution or financial agency organized 
                under the laws of a State, territory, or possession of 
                the United States and any branch or office of such 
                financial institution or financial agency that is 
                located outside the United States, to any sanctioned 
                person.
                    ``(B) Direct or indirect payments of any tax, 
                cancellation penalty, or any other amount to the 
                Burmese Government, including amounts paid or incurred 
                with respect to any joint production agreement relating 
                to the Yadana or Shwe gas fields or pipelines. Any such 
                payment made by or on behalf of a United States person 
                after the date of the enactment of the Block Burmese 
                JADE (Junta's Anti-Democratic Efforts) Act of 2007 
                shall be deemed a willful violation of this Act for 
                purposes of penalties described in paragraph (6) and 
                any other related provision of law.
                    ``(C) The export or reexport to any entity owned, 
                controlled, or operated by a sanctioned person directly 
                or indirectly, of any goods, technology, or services by 
                a United States person.
                    ``(D) The performance by any United States person 
                of any contract, including a contract providing a loan 
                or other financing, in support of an industrial, 
                commercial, or public utility operated, controlled, or 
                owned by a sanctioned person.
            ``(3) Extension of authority.--
                    ``(A) Blocking of property.--The President may 
                block all property and interests in property of the 
                following entities and persons, to the same extent as 
                property and interests in property of a foreign person 
                determined to have committed acts of terrorism for 
                purposes of Executive Order No. 13224 of September 21, 
                2001, (50 U.S.C. 1701 note) may be blocked:
                            ``(i) The Burmese Government, the Burmese 
                        military, or a sanctioned person, including 
                        entities owned or effectively controlled by the 
                        Burmese Government, the Burmese military, or a 
                        sanctioned person.
                            ``(ii) Persons otherwise associated with 
                        the Burmese Government, the Burmese military, 
                        or a sanctioned person.
                    ``(B) Conditions on certain accounts.--The 
                President may prohibit or impose conditions on the 
                opening or maintaining in the United States of a 
                correspondent account or payable-through account by any 
                financial institution or financial agency that is 
                organized under the laws of a State, territory, or 
                possession of the United States, if the President 
                determines that such an account might be used--
                            ``(i) by a person or entity that holds 
                        property or an interest in property belonging 
                        to the Burmese Government, the Burmese 
                        military, or a sanctioned person; or
                            ``(ii) to conduct a transaction on behalf 
                        of or for the benefit of the Burmese 
                        Government, the Burmese military, or a 
                        sanctioned person.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit any contract or other financial 
        transaction with any nongovernmental humanitarian organization 
        in Burma.
            ``(5) Exceptions.--The prohibitions and restrictions 
        described in paragraphs (1), (2), and (3) shall not apply to 
        medicine, medical equipment or supplies, food, or any other 
        form of humanitarian assistance provided to Burma as relief in 
        response to a humanitarian crisis.
            ``(6) Penalties.--Any person who violates any prohibition 
        or restriction described in paragraph (1), (2), or (3) shall be 
        subject to the penalties under section 6 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as for a violation under that Act.
            ``(7) Listing of sanctioned persons.--The Secretary of 
        State and Secretary of the Treasury shall update and publish in 
        the Federal Register new lists of sanctioned persons as 
        additional information becomes available. The Secretary of 
        State and the Secretary of the Treasury shall devote sufficient 
        resources to the identification of information concerning 
        sanctioned persons to carry out the purposes described in this 
        Act.
            ``(8) Definitions.--In this subsection:
                    ``(A) Correspondent account; payable-through 
                account.--The terms `correspondent account' and 
                `payable-through account' have the meanings given such 
                terms in section 5318A(e)(1) of title 31, United States 
                Code.
                    ``(B) Financial agency.--The term `financial 
                agency' has the meaning given such term in section 5312 
                of title 31, United States Code.
                    ``(C) Financial institution.--The term `financial 
                institution' has the meaning given such term in section 
                5312 of title 31, United States Code.
                    ``(D) United states person.--The term `United 
                States person' means--
                            ``(i) any United States citizen or alien 
                        lawfully admitted for permanent residence to 
                        the United States;
                            ``(ii) any person in the United States;
                            ``(iii) any entity organized under the laws 
                        of the United States, any State or territory 
                        thereof, or the District of Columbia, and any 
                        foreign branch or subsidiary of such an entity; 
                        or
                            ``(iv) any entity organized under the laws 
                        of the United States, any State or territory 
                        thereof, or the District of Columbia, in which 
                        an individual or entity described in clauses 
                        (i), (ii), or (iii) owns, directly or 
                        indirectly, more than 50 percent of the 
                        outstanding capital stock or other beneficial 
                        interest in such entity.
                    ``(E) Sanctioned person.--The term `sanctioned 
                person' means--
                            ``(i) any individual who is a member of the 
                        former or present leadership of the SPDC or the 
                        union Solidarity Development Association;
                            ``(ii) any member of the Burmese military 
                        involved in the violent repression of the 
                        public protests in Burma in August, September, 
                        and October 2007 (regardless of when such 
                        repression occurred);
                            ``(iii) any Burmese official who has 
                        engaged in, ordered, or facilitated acts of 
                        gross violations of internationally recognized 
                        human rights (as defined in section 502B(d)(1) 
                        of the Foreign Assistance Act of 1961 (22 
                        U.S.C. 2304(d)(1)), either as an individual or 
                        as a member of a group or government; or
                            ``(iv) any member of the immediate family 
                        of any individual described in clauses (i), 
                        (ii), or (iii).''.

SEC. 4. SUPPORT FOR DEMOCRACY PROMOTION AND HUMANITARIAN ASSISTANCE IN 
              BURMA.

    (a) In General.--The President is authorized to use all available 
resources to assist Burma democracy activists and humanitarian aid 
workers in their efforts to promote freedom, democracy, and human 
rights in Burma.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $20,000,000 to the Secretary of State for each of the 
fiscal years 2008 and 2009 for the following purposes:
            (1) To provide aid to democracy and human rights activists 
        and organizations inside and outside of Burma working to bring 
        a transition to democracy inside Burma, including to 
        individuals and groups that--
                    (A) promote democracy and human rights;
                    (B) represent the ethnic minorities of Burma;
                    (C) broadcast radio and television programs into 
                Burma that promote democracy and report on human rights 
                conditions inside Burma; or
                    (D) compile evidence of human rights violations by 
                the SPDC and its civilian militia, the Union Solidarity 
                and Development Association (USDA), and of the SPDC and 
                its entities' efforts to repress peaceful activities.
            (2) To provide aid to humanitarian workers who--
                    (A) provide food, medical, educational, or other 
                assistance to refugees and internally displaced 
                persons;
                    (B) assist women and girls after incidents of rape 
                and other forms of sexual violence; or
                    (C) assist in the rehabilitation of child soldiers.
    (c) Preventing Funds From Enriching the SPDC.--None of the funding 
made available under this section may be provided to SPDC-controlled 
entities, entities working with or providing cash or resources to the 
SPDC, including organizations affiliated with the United Nations, or 
entities requiring the approval of the SPDC to operate within the 
borders of Burma.

SEC. 5. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report containing a list 
of countries, companies, and other entities that provide military or 
intelligence aid to the SPDC and describing such military or 
intelligence aid provided by each such country, company, and other 
entity.
    (b) Military or Intelligence Aid Defined.--For the purpose of this 
section, the term ``military or intelligence aid'' means, with respect 
to the SPDC--
            (1) the provision of weapons, weapons parts, military 
        vehicles, or military aircraft;
            (2) the provision of military or intelligence training, 
        including advice and assistance on subject matter expert 
        exchanges;
            (3) the provision of weapons of mass destruction and 
        related materials, capabilities, and technology, including 
        nuclear, chemical, or dual-use capabilities;
            (4) conducting joint military exercises;
            (5) the provision of naval support, including ship 
        development and naval construction;
            (6) the provision of technical support, including computer 
        and software development and installations, networks, and 
        infrastructure development and construction; or
            (7) the construction or expansion of airfields, including 
        radar and anti-aircraft systems.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form but may include a classified annex.

SEC. 6. DENIAL OF FOREIGN TAX CREDIT WITH RESPECT TO BURMA.

    (a) In General.--Paragraph (2) of section 901(j) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
subparagraph:
                    ``(C) Special rule for burma.--In addition to any 
                period during which this subsection would otherwise 
                apply to Burma, this subsection shall apply to Burma 
                during the period--
                            ``(i) beginning on January 1, 2008, and
                            ``(ii) ending on the date the Secretary of 
                        State certifies to the Secretary of the 
                        Treasury that Burma meets the requirements of 
                        section 3(a)(3) of the Burmese Freedom and 
                        Democracy Act of 2003 (as in effect on the date 
                        of the enactment of this subparagraph).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on January 1, 2008.

SEC. 7. WAIVER OF COMPETITIVE NEED LIMITATION UNDER GENERALIZED SYSTEM 
              OF PREFERENCES FOR CERTAIN ARTICLES OF INDIA AND 
              THAILAND.

    (a) Waiver.--Not later than 60 days after the date of the enactment 
of this Act, the President shall waive the application of subsection 
(c)(2) of section 503 of the Trade Act of 1974 (19 U.S.C. 2463) 
pursuant to subsection (d) of such section (relating to waiver of 
competitive need limitation) with respect to articles of Thailand and 
India classifiable under subheading 7113.19.50 of the Harmonized Tariff 
Schedule of the United States.
    (b) Sense of Congress.--It is the sense of Congress that the 
President should--
            (1) review any waiver of the application of subsection 
        (c)(2) of section 503 of the Trade Act of 1974 pursuant to 
        subsection (d) of such section with respect to any eligible 
        article of any beneficiary developing country that is revoked 
        pursuant to subsection (d)4)(B)(ii) of such section; and
            (2) reinstate such waiver unless the United States 
        International Trade Commission affirmatively determines that--
                    (A) revocation of such waiver will not reduce the 
                current level of exports of such article from the 
                beneficiary developing country to the United States; 
                and
                    (B) revocation of the waiver will not benefit one 
                or more countries that are not designated as 
                beneficiary developing countries for purposes of title 
                V of the Trade Act of 1974.

SEC. 8. OFFSETS.

    (a) Time for Payment of Corporate Estimated Taxes.--The percentage 
under subparagraph (B) of section 401(1) of the Tax Increase Prevention 
and Reconciliation Act of 2005 in effect on the date of the enactment 
of this Act is increased by 0.25 percentage points.
    (b) Customs User Fees.--Section 13031(j)(3)(B)(i) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(j)(3)(B)(i)) is amended by striking ``December 13, 2014'' and 
inserting ``January 24, 2015''.

            Passed the House of Representatives December 11, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 3890

_______________________________________________________________________

                                 AN ACT

To amend the Burmese Freedom and Democracy Act of 2003 to impose import 
   sanctions on Burmese gemstones, expand the number of individuals 
against whom the visa ban is applicable, expand the blocking of assets 
        and other prohibited activities, and for other purposes.