[Congressional Record Volume 149, Number 103 (Monday, July 14, 2003)]
[House]
[Pages H6670-H6676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BURMESE FREEDOM AND DEMOCRACY ACT OF 2003
Mr. LEACH. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2330) to sanction the ruling Burmese military junta, to
strengthen Burma's democratic forces and support and recognize the
National League of Democracy as the legitimate representative of the
Burmese people, and for other purposes, as amended.
The Clerk read as follows:
H.R. 2330
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 ``Burmese Freedom and
Democracy Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The State Peace and Development Council (SPDC) has
failed to transfer power to the National League for Democracy
(NLD) whose parliamentarians won an overwhelming victory in
the 1990 elections in Burma.
(2) The SPDC has failed to enter into meaningful, political
dialogue with the NLD and ethnic minorities and has dismissed
the efforts of United Nations Special Envoy Razali bin Ismail
to further such dialogue.
(3) According to the State Department's ``Report to the
Congress Regarding Conditions in Burma and U.S. Policy Toward
Burma'' dated March 28, 2003, the SPDC has become ``more
confrontational'' in its exchanges with the NLD.
(4) On May 30, 2003, the SPDC, threatened by continued
support for the NLD throughout Burma, brutally attacked NLD
supporters, killed and injured scores of civilians, and
arrested democracy advocate Aung San Suu Kyi and other
activists.
(5) The SPDC continues egregious human rights violations
against Burmese citizens, uses rape as a weapon of
intimidation and torture against women, and forcibly
conscripts child-soldiers for the use in fighting indigenous
ethnic groups.
(6) The SPDC is engaged in ethnic cleansing against
minorities within Burma, including the Karen, Karenni, and
Shan people,
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which constitutes a crime against humanity and has directly
led to more than 600,000 internally displaced people living
within Burma and more than 130,000 people from Burma living
in refugee camps along the Thai-Burma border.
(7) The ethnic cleansing campaign of the SPDC is in sharp
contrast to the traditional peaceful coexistence in Burma of
Buddhists, Muslims, Christians, and people of traditional
beliefs.
(8) The SPDC has demonstrably failed to cooperate with the
United States in stopping the flood of heroin and
methamphetamines being grown, refined, manufactured, and
transported in areas under the control of the SPDC serving to
flood the region and much of the world with these illicit
drugs.
(9) The SPDC provides safety, security, and engages in
business dealings with narcotics traffickers under indictment
by United States authorities, and other producers and
traffickers of narcotics.
(10) The International Labor Organization (ILO), for the
first time in its 82-year history, adopted in 2000, a
resolution recommending that governments, employers, and
workers organizations take appropriate measures to ensure
that their relations with the SPDC do not abet the
government-sponsored system of forced, compulsory, or slave
labor in Burma, and that other international bodies
reconsider any cooperation they may be engaged in with Burma
and, if appropriate, cease as soon as possible any activity
that could abet the practice of forced, compulsory, or slave
labor.
(11) The SPDC has integrated the Burmese military and its
surrogates into all facets of the economy effectively
destroying any free enterprise system.
(12) Investment in Burmese companies and purchases from
them serve to provide the SPDC with currency that is used to
finance its instruments of terror and repression against the
Burmese people.
(13) On April 15, 2003, the American Apparel and Footwear
Association expressed its ``strong support for a full and
immediate ban on U.S. textiles, apparel and footwear imports
from Burma'' and called upon the United States Government to
``impose an outright ban on U.S. imports'' of these items
until Burma demonstrates respect for basic human and labor
rights of its citizens.
(14) The policy of the United States, as articulated by the
President on April 24, 2003, is to officially recognize the
NLD as the legitimate representative of the Burmese people as
determined by the 1990 election.
(15) The United States must work closely with other
nations, including Thailand, a close ally of the United
States, to highlight attention to the SPDC's systematic
abuses of human rights in Burma, to ensure that
nongovernmental organizations promoting human rights and
political freedom in Burma are allowed to operate freely and
without harassment, and to craft a multilateral sanctions
regime against Burma in order to pressure the SPDC to meet
the conditions identified in section 3(a)(3) of this Act.
SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME
OF BURMA.
(a) General Ban.--
(1) In general.--Notwithstanding any other provision of
law, until such time as the President determines and
certifies to Congress that Burma has met the conditions
described in paragraph (3), beginning 30 days after the date
of the enactment of this Act, the President shall ban the
importation of any article that is a product of Burma.
(2) Ban on imports from certain companies.--The import
restrictions contained in paragraph (1) shall apply to, among
other entities--
(A) the SPDC, any ministry of the SPDC, a member of the
SPDC or an immediate family member of such member;
(B) known narcotics traffickers from Burma or an immediate
family member of such narcotics trafficker;
(C) the Union of Myanmar Economics Holdings Incorporated
(UMEHI) or any company in which the UMEHI has a fiduciary
interest;
(D) the Myanmar Economic Corporation (MEC) or any company
in which the MEC has a fiduciary interest;
(E) the Union Solidarity and Development Association
(USDA); and
(F) any successor entity for the SPDC, UMEHI, MEC, or USDA.
(3) Conditions described.--The conditions described in this
paragraph are the following:
(A) The SPDC has made substantial and measurable progress
to end violations of internationally recognized human rights
including rape, and the Secretary of State, after
consultation with the ILO Secretary General and relevant
nongovernmental organizations, reports to the appropriate
congressional committees that the SPDC no longer
systematically violates workers rights, including the use of
forced and child labor, and conscription of child-soldiers.
(B) The SPDC has made measurable and substantial progress
toward implementing a democratic government including--
(i) releasing all political prisoners;
(ii) allowing freedom of speech and the press;
(iii) allowing freedom of association;
(iv) permitting the peaceful exercise of religion; and
(v) bringing to a conclusion an agreement between the SPDC
and the democratic forces led by the NLD and Burma's ethnic
nationalities on the transfer of power to a civilian
government accountable to the Burmese people through
democratic elections under the rule of law.
(C) Pursuant to section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228),
Burma has not been designated as a country that has failed
demonstrably to make substantial efforts to adhere to its
obligations under international counternarcotics agreements
and to take other effective counternarcotics measures,
including, but not limited to (i) the arrest and extradition
of all individuals under indictment in the United States for
narcotics trafficking, (ii) concrete and measurable actions
to stem the flow of illicit drug money into Burma's banking
system and economic enterprises, and (iii) actions to stop
the manufacture and export of methamphetamines.
(4) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means the Committees on Foreign Relations and Appropriations
of the Senate and the Committees on International Relations
and Appropriations of the House of Representatives.
(b) Waiver Authorities.--The President may waive the
prohibitions described in this section for any or all
articles that are a product of Burma if the President
determines and notifies the Committees on Appropriations,
Finance, and Foreign Relations of the Senate and the
Committees on Appropriations, International Relations, and
Ways and Means of the House of Representatives that to do so
is in the national interest of the United States.
SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED
STATES.
(a) Reporting Requirement.--Not later than 60 days after
the date of enactment of this Act, the President shall take
such action as is necessary to direct, and promulgate
regulations to the same, that any United States financial
institution holding funds belonging to the SPDC or the assets
of those individuals who hold senior positions in the SPDC or
its political arm, the Union Solidarity Development
Association, shall promptly report those funds or assets to
the Office of Foreign Assets Control.
(b) Additional Authority.--The President may take such
action as may be necessary to impose a sanctions regime to
freeze such funds or assets, subject to such terms and
conditions as the President determines to be appropriate.
(c) Delegation.--The President may delegate the duties and
authorities under this section to such Federal officers or
other officials as the President deems appropriate.
SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
The Secretary of the Treasury shall instruct the United
States executive director to each appropriate international
financial institution in which the United States
participates, to oppose, and vote against the extension by
such institution of any loan or financial or technical
assistance to Burma until such time as the conditions
described in section 3(a)(3) are met.
SEC. 6. EXPANSION OF VISA BAN.
(a) In General.--
(1) Visa ban.--The President is authorized to deny visas
and entry to the former and present leadership of the SPDC or
the Union Solidarity Development Association.
(2) Updates.--The Secretary of State shall coordinate on a
biannual basis with representatives of the European Union to
allow officials of the United States and the European Union
to ensure a high degree of coordination of lists of
individuals banned from obtaining a visa by the European
Union for the reason described in paragraph (1) and those
banned from receiving a visa from the United States.
(b) Publication.--The Secretary of State shall post on the
Department of State's website the names of individuals whose
entry into the United States is banned under subsection (a).
SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF
INFORMATION.
Congress encourages the Secretary of State to highlight the
abysmal record of the SPDC to the international community and
use all appropriate fora, including the Association of
Southeast Asian Nations Regional Forum and Asian Nations
Regional Forum, to encourage other states to restrict
financial resources to the SPDC and Burmese companies while
offering political recognition and support to Burma's
democratic movement including the National League for
Democracy and Burma's ethnic groups.
SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
(a) In General.--The President is authorized to use all
available resources to assist Burmese democracy activists
dedicated to nonviolent opposition to the regime in their
efforts to promote freedom, democracy, and human rights in
Burma, including a listing of constraints on such
programming.
(b) Reports.--
(1) First report.--Not later than 3 months after the date
of enactment of this Act, the Secretary of State shall
provide the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and International Relations of the House of Representatives a
comprehensive report on its short- and long-term programs and
activities to support democracy activists in Burma, including
a list of constraints on such programming.
(2) Report on resources.--Not later than 6 months after the
date of enactment of this
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Act, the Secretary of State shall provide the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and International Relations of
the House of Representatives a report identifying resources
that will be necessary for the reconstruction of Burma, after
the SPDC is removed from power, including--
(A) the formation of democratic institutions;
(B) establishing the rule of law;
(C) establishing freedom of the press;
(D) providing for the successful reintegration of military
officers and personnel into Burmese society; and
(E) providing health, educational, and economic
development.
(3) Report on trade sanctions.--Not later than 90 days
before the date on which the import restrictions contained in
section 3(a)(1) are to expire, the Secretary of State, in
consultation with the United States Trade Representative and
the heads of appropriate agencies, shall submit to the
Committees on Appropriations, Finance, and Foreign Relations
of the Senate, and the Committees on Appropriations,
International Relations, and Ways and Means of the House of
Representatives, a report on--
(A) bilateral and multilateral measures undertaken by the
United States Government and other governments to promote
human rights and democracy in Burma;
(B) the extent to which actions related to trade with Burma
taken pursuant to this Act have been effective in--
(i) improving conditions in Burma, including human rights
violations, arrest and detention of democracy activists,
forced and child labor, and the status of dialogue between
the SPDC and the NLD and ethnic minorities;
(ii) furthering the policy objections of the United States
toward Burma; and,
(C) the impact of actions relating to trade take pursuant
to this Act on other national security, economic, and foreign
policy interests of the United States, including relations
with countries friendly to the United States.
SEC. 9. DURATION OF SANCTIONS.
(a) Termination by Request From Democratic Burma.--The
President may terminate any provision in this Act upon the
request of a democratically elected government in Burma,
provided that all the conditions in section 3(a)(3) have been
met.
(b) Continuation of Import Sanctions.--
(1) Expiration.--The import restrictions contained in
section 3(a)(1) shall expire 1 year from the date of
enactment of this Act unless renewed under paragraph (2) of
this section.
(2) Resolution by congress.--The import restrictions
contained in section 3(a)(1) may be renewed annually for a 1-
year period if, prior to the anniversary of the date of
enactment of this Act, and each year thereafter, a renewal
resolution is enacted into law in accordance with subsection
(c).
(3) Limitation.--The import restrictions contained in
section 3(a)(1) may be renewed for a maximum of three years
from the date of the enactment of this Act.
(c) Renewal Resolutions.--
(1) In general.--For purposes of this section, the term
``renewal resolution'' means a joint resolution of the 2
Houses of Congress, the sole matter after the resolving
clause of which is as follows: ``That Congress approves the
renewal of the import restrictions contained in section
3(a)(1) of the Burmese Freedom and Democracy Act of 2003.''
(2) Procedures.--
(A) In general.--A renewal resolution--
(i) may be introduced in either House of Congress by any
member of such House at any time within the 90-day period
before the expiration of the import restrictions contained in
section 3(a)(1); and
(ii) the provisions of subparagraph (B) shall apply.
(B) Expedited consideration.--The provisions of section
152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19
U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal
resolution under this Act as if such resolution were a
resolution described in section 152(a) of the Trade Act of
1974.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Iowa (Mr. Leach) and the gentleman from California (Mr. Lantos) each
will control 20 minutes.
The Chair recognizes the gentleman from Iowa (Mr. Leach).
General Leave
Mr. LEACH. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous matter on H.R. 2330.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Iowa?
There was no objection.
Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to join with my colleagues on the committee,
particularly with the gentleman from Illinois (Mr. Hyde) and the
gentleman from California (Mr. Lantos), to support this important and
timely initiative. I would also like to thank the majority leadership,
as well as our colleagues with the Committee on Ways and Means,
Committee on Financial Services, and Committee on the Judiciary, for
their constructive suggestions and cooperation in expediting passage of
this bill.
On June 10, the Subcommittee on Asia and the Pacific considered and
favorably reported to the full committee H.R. 2330, the Burmese Freedom
and Democracy Act of 2003. The full committee adopted the bill on June
12. The amended text before us incorporates suggested changes from the
administration as well as the Committee on Ways and Means.
At the outset, let me note that none of us takes lightly a decision
to impose sanctions on another country. In the case of Burma, however,
over the last several months the U.S. has watched with growing
frustration and dismay as prospects for a transition to democracy have
withered in the face of the ruling military regime's determination to
maintain an iron grip on power.
As my colleagues are aware, Aung San Suu Kyi's release from house
arrest a little over a year ago generated some optimism in Burma and
abroad about prospects for political change. The ruling State Peace and
Development Council, the SPDC, allowed her certain freedom of movement.
The opposition National League for Democracy received permission to
reopen a number of branch offices throughout the country, and
increasing numbers of political prisoners were released.
In recent days and months, the basis for cautious optimism about the
prospect of progressive change has evaporated. The regime refused to
hold substantive political discussions with the NLD and ethnic minority
groups, while operatives and thugs associated with the regime began a
campaign of harassment that escalated into the premeditated ambush on
Aung San Suu Kyi's motorcade on May 30 of this year.
We are all, of course, pleased at the news that the United Nations
Special Envoy for Burma was recently allowed to see Aung San Suu Kyi
and that she is apparently in ``feisty spirits'' and credible health.
However, the brutal attack by the regime's henchmen on Daw Suu's
traveling party, the broader crackdown against pro-democracy forces,
and the vastly diminished prospects for a democratic transition leave
the United States with no option but to reassess its already limited
relationship with the Government of Burma.
While economic sanctions are seldom successful, the long train of
abuses perpetrated by Burma's military regime leaves the U.S. and other
members of the international community, most particularly Burma's
neighbors in ASEAN, with no ethical alternative but to embrace a
broader array of diplomatic and economic policy options, including
sanctions, in this case Burmese imports to the United States, and
utilization of the U.N. Security Council, to help bring about a
restoration of democracy.
Here it should be stressed that the restrictions in this bill are
immediately released if commonsense, democratic conditions are met, and
that the sanctions must be approved annually by Congress. In addition,
the President has been given authority to waive any or all provisions
of this bill based on a national interest standard.
Mr. Speaker, Burma merits sustained U.S. attention not only because
the actions of the regime offend core American values, but because
developments inside the country impact peace and stability in Southeast
Asia. Our primary objectives must continue to be focused on human
rights, democracy, refugee assistance, and an end to Burmese production
and trafficking of elicit narcotics. However, we also have an interest
in reaching out to the Burmese people with humanitarian assistance,
including medical interventions to help stem the devastating effect of
HIV-AIDS. Such humanitarian assistance will not be affected by this
legislation.
The great tragedy of the current circumstance is that in the early
1960s Burma was potentially the most prosperous country in Southeast
Asia. Today, after 40 years of military misrule, its economy is in a
shambles, health and educational services are in precipitous decline,
while its citizens continue to suffer human rights abuses and
repression.
Sadly, it has become all too apparent that Burma's military
leadership is prepared to sacrifice the best interests
[[Page H6673]]
of its people to pursue the power games of a power elite. In this
circumstance, the world community has been left with no option but to
rally to the cause of freedom and human rights by mobilizing concerted
diplomatic and economic pressure against the ruling regime. I urge
passage of this resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 2330, the Burmese
Freedom and Democracy Act. I first wish to express my deepest
appreciation to the gentleman from Illinois (Mr. Hyde) for moving
forward with this important piece of legislation so quickly, and to the
51 cosponsors of our legislation. I particularly want to thank the
gentleman from New York (Mr. King), the gentleman from Iowa (Mr.
Leach), and the gentleman from New Jersey (Mr. Smith) for their
leadership on this issue. I also thank the chairman of the Committee on
Ways and Means, the gentleman from California (Mr. Thomas), for working
so closely and cooperatively with us on this legislation.
Mr. Speaker, 2 years ago this month I introduced legislation in the
House to ban all imports from Burma as a result of the Burmese regime's
failure to move towards freedom and democracy. But my colleagues and I
withheld from pressing that legislation after Aung San Suu Kyi was
freed from house arrest and there appeared to be a process for dialogue
and national reconciliation in Burma.
But, Mr. Speaker, just 6 weeks ago the entire landscape in Burma
changed dramatically. The Burmese government hired thugs to brutally
attack Nobel Prize winner Aung San Suu Kyi and her aides as they were
on their way to meet with their supporters. Aung San Suu Kyi was
arrested and thrown in jail. Her key aides were brutally killed. Her
supporters around the nation have been jailed, and the offices of her
political party have been closed.
In short, the thug regime of Burma has sunk to new lows, securing its
place in the world's rogues gallery of human rights abusers. The ruling
dictatorship simply cannot accept the fact that this brave and
courageous woman, Aung San Suu Kyi, a champion of democracy, remains
wildly popular in Burma despite years of house arrest, persecution and
repression.
Now that the Rangoon regime has recommitted itself to destroying all
democratic opposition in Burma, it is clear that dialogue is dead,
national reconciliation is dead, and it is equally clear that we must
adopt a new approach towards Burma and that new approach must include
tough sanctions.
Our legislation will impose a comprehensive import ban on products
made in Burma until a series of human rights and democracy conditions
have been met. We will freeze the assets of the Burmese regime in the
United States, codify the existing policy of the United States to
oppose lending to Burma by international financial institutions, we
shall strengthen the visa ban on Burma, and we will support democracy
activists in Burma.
These are tough measures, but no tougher than Burma's ruling thugs
deserve. They had a chance to deal seriously with this great woman, a
champion of democracy, Aung San Suu Kyi, and instead they viciously
attacked this Nobel Laureate. This is an unacceptable situation.
{time} 1730
The legislation before us has strong bipartisan support, it reflects
important suggestions made by the administration, and I urge all of my
colleagues to support democracy in Burma and to support this important
legislative measure.
Mr. Speaker, I reserve the balance of my time.
Mr. LEACH. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from New Jersey (Mr. Smith), one of the leading spokespeople
in the world on the subject of human rights.
Mr. SMITH of New Jersey. Mr. Speaker, I thank the chairman, the
gentleman from Iowa (Mr. Leach), for his kind remarks. I want to
especially thank him for his leadership on this issue and all human
rights, especially in Asia. He has been outspoken and a very, very
effective lawmaker. I want to thank him for his leadership.
I also want to thank the gentleman from California (Mr. Lantos) for
his sponsorship of this very important piece of legislation which we
have before the body today.
I do rise in strong support of H.R. 2330, the Burmese Freedom and
Democracy Act. As I think my colleagues are well aware, on May 30 a
group of government-affiliated thugs carried out a premeditated ambush
of the motorcade of Burma democracy leader and Nobel laureate Aung San
Suu Kyi, who has been jailed since then. An undetermined number of her
supporters were murdered in that vicious attack.
Burma's military dictatorship, which euphemistically calls itself the
State Peace and Development Council, has maintained its grip on power
for the past 15 years with the use of brutal force. Although Aung San
Suu Kyi's National League for Democracy won the majority of National
Assembly seats in a free and fair election in 1990, the junta nullified
the results and imprisoned hundreds of NLD leaders. The military regime
has committed numerous other human rights abuses, such as large-scale
forced labor and the use of rape as a weapon in its fight against
insurgencies by ethnic minorities.
With this latest outrage, Mr. Speaker, the Burmese regime has
exhausted the patience of the United States and hopefully the rest of
the international community. I applaud the gentleman from California
again for these efforts, for his ongoing efforts, but especially for
his efforts in drafting and introducing H.R. 2330, the Burmese Freedom
and Democracy Act, which the Committee on International Relations
reported favorably on June 17. The bill includes a number of measures,
such as a ban on trade that supports the military regime, and will send
an unequivocal message to the generals in Rangoon: The people of Burma
must be allowed to pursue the path of peaceful democratic development
that they bravely chose 13 years ago.
Although trade sanctions are sometimes the source of controversy on
this floor, they are more than justified in this situation both because
of the Burmese regime's egregious behavior and because export trade is
a key source of foreign exchange for the junta and its apparatus of
repression. The bill includes waiver authority for the President and
outlines generous conditions under which sanctions could be lifted. In
addition, the text before us requires annual reapproval of the trade
ban and imposes a 3-year sunset on the sanctions.
Mr. Speaker, I urge all Members to support this very important human
rights legislation.
Mr. LANTOS. Mr. Speaker, I am delighted to yield 5 minutes to the
distinguished gentleman from American Samoa (Mr. Faleomavaega), ranking
member of the Subcommittee on Asia and the Pacific of the Committee on
International Relations.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I want to commend the distinguished
chairman of our committee, the gentleman from Illinois (Mr. Hyde), and
our senior ranking member on this side of the aisle, the gentleman from
California (Mr. Lantos), for their support of this important
legislation. Certainly I would be remiss if I did not express my
appreciation to the chairman of the Subcommittee on Asia and the
Pacific, the gentleman from Iowa (Mr. Leach), not only for his
leadership but certainly for his initiative and the fact that we did
call a subcommittee hearing on this very important issue that is now
before this body.
I believe, Mr. Speaker, this is kind of like the last effort that we
could do as a body to express very serious and very grave concerns
about what has happened to the government of Burma. I think my
colleagues, and especially my good friend from New Jersey (Mr. Smith)
has given some specifics of the issues that are now before us
concerning Burma and the problems and the fact that for years now this
country has been ruled by a military junta, I think to the point now
that we have tried our patience in the best way possible.
One of the concerns that I raise, Mr. Speaker, is the fact that other
countries in the Asia-Pacific region continue to recognize Burma; and
they continue to conduct trade relations
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with Burma. It is my sincere hope that, by passage of this legislation
and providing sanctions against this military junta, hopefully that it
will produce some positive results and that hopefully our government,
and certainly I commend our Secretary of State, Secretary Powell, for
expressing the same concerns that the Congress has given for the past
several years.
Mr. Speaker, again, I want to commend my good friend, the chairman of
our subcommittee, for not only having a hearing, we have heard from the
parties concerned, and I believe this legislation is well overdue. I
urge my colleagues to pass this legislation.
Mr. LANTOS. Mr. Speaker, I urge all colleagues to vote for this
legislation. We are striking a blow for freedom and democracy.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
Let me thank again my good friend, the gentleman from California (Mr.
Lantos), for his leadership on this issue but also so many other issues
that affect human rights around the world.
To the gentleman from American Samoa (Mr. Faleomavaega), let me say I
do not think there is anyone that understands the region of Southeast
Asia more comprehensively or well than he does. I am always in debt to
his judgment.
I would just like to stress that, while it is awkward for a
legislative body to ever comment on the affairs of other countries,
this particular legislation is designed to show friendship and support
for the people of Burma and also to underscore that repression and
despotism have no place in the world today. I also would underscore
that it is an expression of solidarity with other peoples of Southeast
Asia. For example, for the first time in its 36 years' existence, the
Association of Southeast Asian Nations has taken a stand of rebuke to
the government of Burma in its first statement of internal intervention
in its history. This is a very serious matter for the region as well as
for the international community, but most of all this is an expression
of concern for the Burmese people for whom the United States has had a
long and sustaining interest.
Mr. Speaker, I urge again passage of this legislation.
Mr. FALEOMAVAEGA. Mr. Speaker, will the gentleman yield?
Mr. LEACH. I yield to the gentleman from American Samoa.
Mr. FALEOMAVAEGA. I thank the gentleman for yielding and also
especially for his recognition of the fact that other countries in the
surrounding area have expressed serious concerns about the problems
affecting the government of Burma.
I do recall that years ago I raised the same concerns at issue with
some of the highest levels of officials in one country to mind and the
question that we do not give official recognition or we do not have
official diplomatic relationship with Burma and the advice that was
given to me is, we should. Hopefully that the interactions and the
continuous relationship, that by some way or some means that will bring
more democracy and a greater sense of understanding not only with that
country but certainly for all democratic-loving people around the
world. I think this body has waited not for months, not for 1 year, but
for years and years, and there seems to be no improvement of the
situation, the promises that were made by these military rulers that
there would be more democratic reforms given. This has not been the
case.
I just wanted to add that observation to my good friend, the chairman
of the subcommittee. While given that recognition, I think it is high
time that the Congress does take action and we do so with every bit the
right of this body. It is a very serious matter to put sanctions on any
country for that matter. I sincerely hope that it will result in some
positive improvements in the promises that this military junta had made
for years and years and still have not taken place.
Mr. LEACH. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Oregon (Mr. Blumenauer), a member of the Subcommittee on
Asia and the Pacific as well as someone with whom I am honored to have
recently cowritten an editorial.
Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in
permitting me to speak on this resolution this afternoon and commend
him, the gentleman from Illinois (Mr. Hyde), the gentleman from
California (Mr. Lantos) and the gentleman from New Jersey (Mr. Smith).
There is truly a bipartisan consensus on our committee that the time
has long since passed for us to address the critical need to change the
regime in Burma and to be able to recognize the courage of Aung San Suu
Kyi, the potential we have there to have a transformational effect in
that troubled country.
It was my great privilege to spend an afternoon with my children in
her compound when she was under house arrest. Watching the harassment
we went through just to go there with the charge, thinking about what
that represented, this brave woman, insightful, being surrounded by
thugs at a time when her country was ravaged in terms of AIDS, in terms
of economic deprivation, in terms of the atrocities that have been
documented on this floor already this afternoon in terms of what the
junta has inflicted upon their people.
It seems to me that it is an opportunity for us at a time when people
want the United States to throw its weight around the world that we
focus on this troubled country that has a recognized leader, that has
the potential for us to bring together the force that we saw in South
Africa, to be able to focus time, energy, attention in a peaceful
fashion but to force the junta to know that we mean business as it
regards Burma. I am one that will continue to call it Burma unless and
until that name is changed by the democratic majority of that country,
and I think the name is a small symbol of why we need to stand up to
push back.
This resolution, I think, is a starting place. But beyond that, I
hope, Mr. Speaker, that there will be an opportunity for Members in
this Chamber to pick up this cause, to beat this drum, to carry it to
those who are in business, NGO, other governments, because I think
there is now an opportunity for this consensus to work.
I am pleased with the work that our committee has done, I hope the
House will unite behind it, and I hope that each Member of this Chamber
will find something that he or she can do to advance this important
cause.
Mr. MANZULLO. Mr. Speaker, I rise today to express my concern over
H.R. 2330. While I support the intentions of H.R. 2330 to strengthen
democratic forces in Burma and hold the Burmese military junta
accountable for its human rights violations, I am concerned that this
legislation's general ban on trade will adversely affect U.S. small
business and economic development in Burma.
I am appreciative of the changes made to the original version of this
bill such as requiring an annual affirmative vote of Congress to renew
the import ban against Burma and changing the standard for the
President to waive the ban from the ``national security interest'' to
``national interest'' of the United States. However, these changes will
not ultimately solve the problems of my constituent who owns a small
business, Chaang Trading Company, in Rockford, Illinois. Chaang Trading
Company imports fine, handcrafted cultural goods from Southeast Asia
and distributes them nationwide.
The import ban in H.R. 2330 would almost certainly destroy this four
person company as 80 percent of Chaang's business depends on trade with
Burma. Chaang purchases its Burmese products directly from artisan
shops, and not from the military government of Burma. These Burmese
shops are owned by ordinary citizens and employ ordinary citizens.
Therefore, the import ban in this legislation would undermine the
provisions in section 8 of H.R. 2330 to support democracy activists in
Burma through economic development by actually hurting the very people
we are trying to help--small business artisans who have nothing to do
with the repressive military government of Burma. I therefore urge my
colleagues to be cognizant of the unintended consequences of using
trade sanctions as a weapon to change policy in foreign countries.
It would be my hope and wish that as the Administration implements
this bill that it would take into the account the concerns of small
companies like Chaang Trading Company in Rockford so that they can
continue to trade with skilled artisans from Burma who have nothing to
do with the repressive military government.
Mr. KIRK. Mr. Speaker, I rise today in strong support of H.R. 2330,
the Burmese
[[Page H6675]]
Freedom and Democracy Act of 2003. Today, as her people call for
freedom and democracy, the Burmese military junta maintains a policy of
repression and government-sponsored violence.
In 1990, the National League for Democracy, a party committed to
peace and democratic principles in Burma, won the majority of National
Assembly seats, offering real hope for change in Burma. Despite the
overwhelming public call for democracy, the military regime nullified
the election results and imprisoned and murdered several NLD leaders.
While this act of government-sponsored aggression took place over a
decade ago, the Burmese regime continues to brutally repress the
people's opposition movement today.
In May, the Burmese regime ordered the ambush of a motorcade carrying
several leaders of Burma's democracy movement, including Nobel laureate
Aung San Suu Kyi, the elected leader of her country, who has remained
in detention by the regime since that murderous attack.
The Burmese regime has been granted countless opportunities to
peacefully transfer power to the people while avoiding further
bloodshed. In response to the international community's ongoing efforts
to bring peace to the region, Burmese leaders have only responded with
further acts of repression, aggression, and state-sponsored terror
against its own people. Today, over 600,000 citizens within Burma have
been displaced from their homes on account of brutal ethnic cleansing
techniques employed by the Burmese regime. In response, we must make
every effort to bring awareness to the mistreatment of Aung San Suu Kyi
and other pro-democracy opposition leaders.
The Burmese Freedom and Democracy Act would take comprehensive steps
to enhance efforts for democracy in Burma, while strengthening
international sanctions against the Burmese junta. I urge my colleagues
to support this initiative as part of the international community's
response to the junta's ongoing state-sponsored terror against the
people of Burma.
Mr. SOUDER. Mr. Speaker, I rise in strong support of H.R. 2330 and of
the people of Burma. The people of Burma toil everyday under the cruel
and heavy yoke of military dictatorship. The military rulers of Burma
stifle dissent, persecute minorities, and thwart every attempt at
democracy.
Recently, the democratically elected and legal leader of Burma, Aung
San Suu Kyi, was viciously attacked by agents of the military
dictatorship while on her way to meet supporters of democracy.
Following the attack, she was re-imprisoned by the military tyrants of
Burma. Visitation has been limited and there is no sign that she will
be released from prison any time soon.
The military junta in Burma continues to persecute minority groups.
Burma has more than 600,000 internally displaced people. Furthermore,
over 100,000 people are living in refugee camps along the Thai-Burma
border.
The Karen, Karenni, and Shan people have borne the brunt of this
persecution. Where Burma was once a country of peaceful coexistence, it
has, under this brutal regime, become a place of strife and discord.
Now more than ever, the democratic forces at work in Burma need the
support of the United States of America. H.R. 2330 is a step in the
right direction. This bill, which I am proud to co-sponsor, will impose
sanctions on the evil regime currently in control of Burma.
The bill will prohibit any article from being imported into the
United States that is produced, mined, manufactured, grown, or
assembled in Burma. In 2002, Burma exported over $356 million worth of
products to the United States. This included apparel, teak wood,
precious stones, and seafood. H.R. 2330 will put an end to these
exports and send a message to the illegal government of Burma.
H.R. 2330 also directs the Secretary of the Treasury to freeze the
assets of the military junta. While the country is mired in poverty,
the ruling elite are looting the country for their own benefit. This
legislation will keep the junta from accessing their ill-gotten gains.
Furthermore, the bill will prohibit the leaders of this Burmese
nightmare from entering the United States.
Support for this bill will make it clear to those Burmese despots
that their military dictatorship, which maintains power through force
and terror, is unacceptable. This bill will make it clear that the
United States of America supports freedom and democracy in Burma. We
support the National League for Democracy. And we support Burma's
democratically elected leader, Aung San Suu Kyi.
Burma was once a prosperous country but the military has ground the
country into poverty. Burma is rich in resources but the military
despots have squandered these riches for their own gain. Burma's
peoples once lived side by side with one another but the military has
seen fit to mistreat some groups and drive them from their homes. This
must end.
The United States must help to foster democracy in Burma. I urge all
of my colleagues to support H.R. 2330 and to work for democracy in
Burma.
Mr. OXLEY. Mr. Speaker, I rise today in support of H.R. 2330, the
``Burmese Freedom and Democracy Act of 2003.'' I would like to commend
both Chairman Hyde and Mr. Lantos for their efforts on this important
legislation.
The House Financial Services Committee received a referral on H.R.
2330 as a result of sections four and five of the bill, which address
Burma's relationship with the international financial institutions.
Specificaly, section four of this legislation directs the Secretary
of the Treasury to freeze any assets of the Burmese regime located
within the United States. Section five directs the Secretary of the
Treasury to instruct the U.S. director at each international financial
institution in which the U.S. participates to oppose and vote against
the extension of any loan or financial assistance to Burma until
certain conditions are met.
The House Financial Services Committee waived consideration of this
bill in the hopes of expediting the legislative process and providing
needed relief to the Burmese people. This bill accomplishes that end by
supporting democratic forces in Burma and recognizing the National
League of Democracy as the legitimate representative of the Burmese
people.
As a fervent supporter of free trade, free minds, and free people, I
call on the Burmese regime to allow the benefits of democracy to grow.
I urge my colleagues to support H.R. 2330.
Mr. PITTS. Mr. Speaker, I strongly support H.R. 2330, the Burmese
Freedom and Democracy Act of 2003 and urge all my colleagues to support
this bill.
The military regime is guilty of ethnic cleansing, systematic rape,
forced porterage, destruction of homes, villages and food sources, the
use of human land mine sweepers, and the detention of over 1200
political prisoners.
Two excellent reports describe the horrifying systematic campaign of
rape against the Shan, Karenni, Karen, Mon, Tavoyan and other ethnic
groups.
In the study License to Rape, investigators found that in ``25
percent of the incidents documented, the girls or women were killed
following the rape, by being shot, suffocated, beaten, stabbed or
burned to death.''
In the study, No Safe Place: Burma's Army and the Rape of Ethnic
Women, there is clear documentation of the military raping women
fleeing the fighting, raping those incarcerated in military camps,
raping those forced into labor for military, and raping women out
foraging for food.
In one case, a young women heard her sister's cries `` `they are
raping me'--but could do nothing to stop it. A day after she was taken,
the soldiers brought her body back for the family to bury. Her wounds
indicated clearly that she had been raped, perhaps to death, Despite
the fact that the soldiers continued to return to their village after
the murder,'' the young women and her family were too afraid to
complain.
The suffering of the people of Burma has gone on too long.
Sadley, the international community has shown little willingness to
vigorously address the issues facing the people of Burma, but H.R. 2330
is an important step to directly impact the situation in the country.
I urge the dictatorship release Aung San Suu Kyi from detention.
I also urge the dictatorship of Burma to immediately engage in a tri-
partite dialogue with the National League for Democracy and the ethnic
minorities.
Only when the rights of the NLD and the ethnic minorities are
recognized and protected will there be peace in Burma.
Mr. Speaker, a regime that engaged in this horrifying campaign of
systematic rape to decimate the ethnic minorities, in addition to all
the other human right violations it commits, must be stopped.
I urge my colleagues to support the Burmese Freedom and Democracy
Act.
Mr. BEREUTER. Mr. Speaker, this Member rises in strong support of
H.R. 2330, the Burmese Freedom and Democracy Act of 2003. Furthermore,
this Member, as a co-sponsor of the legislation, would like to thank
the Ranking Member of the House International Relations Committee, the
distinguished gentleman from California (Mr. Lantos) and the
distinguished gentleman from New York (Mr. King) for writing and
introducing this timely legislation which enjoys bipartisan support.
Also, the Chairman of the House International Relations Committee, the
distinguished gentleman from Illinois (Mr. Hyde) is to be commended for
his efforts to bring this bill to the Floor.
This bill would impose sanctions upon companies associated with
Burma's current ruling party, the State Peace and Development Council
(SPDC). If the President would certify that the SPDC has made
``substantial and measurable progress'' toward ending human
[[Page H6676]]
rights violations and implementing democratic reform, the sanctions
could be lifted.
Generally, this Member is opposed to bilateral sanctions because they
frequently prove to be ineffective and, indeed, counterproductive to
the policy consequence sought. However, the ruling junta's arrest and
subsequent detention of Burmese democracy leader and Nobel Peace Prize
Laureate Aung San Suu Kyi was such an egregious affront to democracy
and rule of law that the government deserves swift and harsh punishment
from the international community.
Mr. Speaker, this Member strongly urges his colleagues to vote for
H.R. 2330.
Mr. KING of New York. Mr. Speaker, as the lead republican sponsor, I
rise today in full support of the Burmese Freedom and Democracy Act.
Two months ago, Burmese opposition leader and Nobel Peace Prize
laureate, Aung San Suu Kyi was placed under house arrest by Burma's
ruling junta after a bloody clash between her supporters and thugs of
the military regime.
For the last fifteen years, Suu Kyi has waged a struggle against one
of the world's most oppressive governments. Burma's military regime has
committed widespread human rights abuses, including forced labor and
the use of rape as a weapon against insurgences by ethnic minorities.
In addition, this regime supports international narcotic trafficking
and provides a safe haven for drug traffickers targeted by the United
States for prosecution.
That is why I am proud to be a part of this legislation which will
authorize a number of sanctions against the Burmese government and its
entities, unless a series of democratic conditions are met. I want to
thank the Gentleman from California, Mr. Lantos for his tireless work
on this issue. I urge my colleagues to support this needed measure.
Mr. ENGLISH. Mr. Speaker, I would like to take this opportunity to
strenuously condemn the Burmese State Peace and Development Council
(SPDC) and its latest acts of violence against the democratic movement
in Burma.
As many of us know, in 1990, the Burmese people elected Aung San Suu
Kyi and her party, the National League for Democracy (NLD), to lead
their country. The NLD won an astounding 82 percent of the popular
vote, dealing a shattering defeat to the absolutist State Law and Order
Restoration Council (SLORC). In perhaps one of the great crimes against
democracy in history, the SLORC refused to seat the newly elected
parliament and imprisoned the leaders of the NLD. Ms. Suu Kyi was
placed under house arrest, where she has remained for much of the last
13 years.
The State Peace and Development Council, as the government is now
known, continues to wage war on its own people and to lead Burma toward
rogue nation status. The SPDC is notorious for using rape and
imprisonment as an instrument of political influence on its citizens
and is known to force children to fight indigenous ethnic groups in the
country. This brutal form of governance is combined with military
dominance of heavy industry and a sickly economy dependent upon black
market and illicit exports.
Now, the SPDC seems committed to stiffening its repression of the
Burmese people. After toying with several international initiatives
aimed at restoring democracy to the country, the SPDC has essentially
halted talks with a spasm of violence directed against the NLD
organization. On May 30, a motorcade carrying Ms. Suu Kyi through the
country was attacked by an organized group of armed criminals. In the
process, a number of NLD members were reportedly tortured and murdered,
while Ms. Suu Kyi was taken into ``protective custody'' by the
government. It seems that the only ``protection'' was being given to an
illegitimate regime against the popular, peaceful NLD leader.
This pattern of vicious oppression in Burma must come to an end and
Ms. Suu Kyi must be released unharmed. I urge the President and
Secretary of State Powell to take the necessary measures to ensure her
safe release and to fully support the National League for Democracy. I
further ask my friends in Congress to work with the Administration to
ensure that we supply maximum support to the NLD and that we forcefully
denounce the actions of the dictatorial junta now reigning over Burma.
Mr. LEACH. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Hastings of Washington). The question is
on the motion offered by the gentleman from Iowa (Mr. Leach) that the
House suspend the rules and pass the bill, H.R. 2330, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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