[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1468 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1468

   To support the successful implementation of the 1991 Paris Peace 
             Agreement in Cambodia, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2019

  Mr. Graham (for himself, Mr. Durbin, and Mr. Rubio) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To support the successful implementation of the 1991 Paris Peace 
             Agreement in Cambodia, 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 ``Cambodia Accountability and Return 
on Investment Act of 2019''.

SEC. 2. STRENGTHENING DEMOCRACY AND THE SOVEREIGNTY OF CAMBODIA.

    (a) Conditions of Assistance for Cambodia.--
            (1) In general.--No funds authorized to be appropriated for 
        assistance for the Government of Cambodia may be made available 
        for that purpose unless the Secretary of State makes the 
        certification described in paragraph (2).
            (2) Certification described.--The certification described 
        in this paragraph is a certification to the appropriate 
        congressional committees that the Government of Cambodia is 
        taking effective steps to--
                    (A) strengthen regional security and stability, 
                particularly regarding territorial disputes in the 
                South China Sea and the enforcement of international 
                sanctions with respect to North Korea;
                    (B) protect its sovereignty from interference by 
                the People's Republic of China; and
                    (C) respect the rights and responsibilities 
                enshrined in the Constitution of the Kingdom of 
                Cambodia enacted in 1993, including--
                            (i) the immediate and unconditional release 
                        from house arrest of opposition politician Kem 
                        Sokha and the dismissal of the politically 
                        motivated charges against him;
                            (ii) the immediate and unconditional 
                        release from detention of all other known 
                        political opposition party members and civil 
                        society representatives who were prosecuted for 
                        exercising their civil or political rights, and 
                        dismissal of the politically motivated charges 
                        against them;
                            (iii) the dismissal of politically 
                        motivated criminal charges against other 
                        opposition party leaders and supporters, 
                        including opposition leader Sam Rainsy, and 
                        criminal charges against other dissidents, 
                        government critics, and journalists, including 
                        Radio Free Asia journalists Uon Chhin and Yeang 
                        Sothearin;
                            (iv) the repeal of 2017 and 2019 amendments 
                        to the Law on Political Parties that permitted 
                        the arbitrary dissolution of opposition parties 
                        in Cambodia, including the Cambodia National 
                        Rescue Party, and the prohibition of over 100 
                        opposition party members from political 
                        activity; and
                            (v) the repeal of laws, amendments, 
                        decrees, and regulations that serve as a 
                        pretext for the Government of Cambodia to 
                        prosecute opposition political party members 
                        and political dissidents and to weaponize the 
                        rule of law, including: the Law on Associations 
                        and Non-Governmental Organizations; the Law on 
                        Trade Unions; the Law on Telecommunications; 
                        National Law Decree No. 170 Br.K/Inter-
                        ministerial (Prakas) allowing for the removal 
                        and blocking of online content that is critical 
                        of such government; and constitutional 
                        amendments and amendments to the Penal Code 
                        introducing clauses on lese majeste.
    (b) Inadmissibility of Individuals Who Undermine Democracy in 
Cambodia.--
            (1) Policy.--
                    (A) In general.--The Secretary of State, in 
                consultation with the Secretary of Homeland Security, 
                shall continue to implement the policy announced by the 
                Department of State on December 6, 2017, to restrict 
                entry into the United States of individuals involved in 
                undermining democracy in Cambodia, including--
                            (i) senior officials of the Government of 
                        Cambodia, including the military, gendarmerie, 
                        police, and judiciary;
                            (ii) officers and employees of entities, 
                        including international commercial facilitators 
                        and offshore entities, owned or controlled by 
                        such officials; and
                            (iii) immediate family members of such 
                        officials.
                    (B) Duration.--The entry restriction policy 
                described in subparagraph (A) shall remain in effect 
                until the Secretary of State makes the certification 
                described in subsection (a)(2).
            (2) Report required.--
                    (A) In general.--Not later than 30 days after the 
                date of the enactment of this Act, and every 90 days 
                thereafter until December 31, 2021, the Secretary of 
                State shall submit to the appropriate congressional 
                committees a report that--
                            (i) describes the measures taken to 
                        implement the entry restriction policy 
                        described in paragraph (1)(A); and
                            (ii) includes a comprehensive list of the 
                        individuals subject to the policy.
                    (B) Form of report.--Each report required by 
                subparagraph (A) shall be submitted in unclassified 
                form but may include a classified annex.
    (c) Blocking of Property of Individuals Who Undermine Democracy in 
Cambodia.--
            (1) Reports to office of foreign assets control.--Not later 
        than 60 days after the date of the enactment of this Act, the 
        President shall take such action as is necessary to direct, 
        including through the promulgation of regulations, that any 
        United States financial institution holding, managing, or 
        transferring property or interests in property of an individual 
        described in subsection (b)(1)(A), shall promptly report such 
        property or interests in property to the Office of Foreign 
        Assets Control of the Department of the Treasury.
            (2) Blocking of property.--The President may, pursuant to 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.) and subject to such regulations as the President may 
        prescribe, block and prohibit all transactions in all property 
        and interests in property of an individual described in 
        subsection (b)(1)(A), if such property and interests in 
        property are in the United States, come within the United 
        States, or are or come within the possession or control of a 
        United States person.
            (3) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        subsection or any regulation, license, or order issued to carry 
        out this subsection shall be subject to the penalties set forth 
        in subsections (b) and (c) of section 206 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of that section.
    (d) Suspension of Eligibility for Generalized System of 
Preferences.--Not later than 90 days after the date of the enactment of 
this Act, the designation of Cambodia under section 502 of the Trade 
Act of 1974 (19 U.S.C. 2462) as a beneficiary developing country for 
purposes of the Generalized System of Preferences under title V of that 
Act (19 U.S.C. 2461 et seq.) shall be suspended until the Secretary of 
State makes the certification described in subsection (a)(2).
    (e) Prohibition on Debt Relief.--The Secretary of State may not 
negotiate for or establish a program of debt relief for the Government 
of Cambodia until the Secretary of State makes the certification 
described in subsection (a)(2).
    (f) Opposition to Loans and Assistance by International Financial 
Institutions.--The Secretary of the Treasury shall instruct the United 
States executive director to each international financial institution 
to use the voice and vote of the United States to oppose the extension 
by that institution of any loan or financial or technical assistance 
for the Government of Cambodia, other than to meet basic human needs, 
until the Secretary of State makes the certification described in 
subsection (a)(2).
    (g) Online Information Programs on the Interference of the People's 
Republic of China in the Sovereignty of Cambodia.--There are authorized 
to be appropriated such sums as may be necessary for Khmer-language 
programs to be broadcast on the internet that inform and educate the 
people of Cambodia on the role of--
            (1) the Government of the People's Republic of China in 
        supporting the Communist Party of Kampuchea and the Democratic 
        Kampuchea regime of Pol Pot;
            (2) the international community, particularly the United 
        States, in supporting implementation of the Agreement on a 
        Comprehensive Political Settlement of the Cambodia Conflict, 
        signed October 23, 1991 (commonly known as the ``1991 Paris 
        Peace Agreement''), and providing assistance for the 
        development of Cambodia from 1991 to 2018, consistent with the 
        letter and spirit of that Agreement;
            (3) the Government of Cambodia in implementing that 
        Agreement; and
            (4) the People's Republic of China in undermining the 
        sovereignty of Cambodia today, including--
                    (A) the extent of its influence among senior 
                Government of Cambodia officials and overt and covert 
                methods for exerting such influence;
                    (B) involvement in licit and illicit businesses, 
                particularly in the coastal provinces of Koh Kong and 
                Sihanoukville; and
                    (C) the strategic designs on the geography of 
                Cambodia for military and other security purposes 
                through dual use investments and projects.
    (h) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Banking, Housing, and Urban Affairs, and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on Appropriations, the Committee 
                on Financial Services, and the Committee on Foreign 
                Affairs of the House of Representatives.
            (2) International financial institution.--The term 
        ``international financial institution'' has the meaning given 
        that term in section 1701(c) of the International Financial 
        Institutions Act (22 U.S.C. 262r(c)).
            (3) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.
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