[Congressional Record Volume 153, Number 165 (Monday, October 29, 2007)]
[Senate]
[Pages S13521-S13524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. McConnell, Mrs. Boxer, Mr. Dodd, 
        Mr. Leahy, and Mrs. Feinstein):
  S. 2257. A bill to impose sanctions on officials of the State Peace 
and Development Council in Burma, to amend the Burmese Freedom and 
Democracy Act of 2003 to prohibit the importation of gemstones and 
hardwoods from Burma, to promote a coordinated international effort to 
restore civilian democratic rule to Burma, and for other purposes; to 
the Committee on Foreign Relations.
  Mr. BIDEN. Mr. President, today, I rise to introduce a bipartisan 
bill to promote the restoration of civilian, democratic rule to the 
troubled state of Burma. The goal of the Burma Democracy Promotion Act 
is to help create the right conditions for the peaceful, negotiated 
transfer of power from

[[Page S13522]]

the generals who have ruled Burma for almost 2 decades to a newly-
constituted civilian, democratic government.
  In order to do this, we need to bring pressure to bear on the Burmese 
generals directly responsible for the bloody crackdown on peaceful 
protestors last month. This bill imposes new financial sanctions and 
travel restrictions on the leaders of the junta and their associates 
and tightens the economic sanctions imposed by the Congress in 2003 by 
outlawing the importation of Burmese gems and timber to the U.S. 
Carefully targeted sanctions can support our diplomacy. In this case, 
the sanctions are designed to provide leverage on the generals, who 
seem largely indifferent to the suffering of ordinary people. Until 
now, the generals have managed largely to avoid the bite of existing 
economic sanctions, enjoying their shopping trips abroad and stashing 
their riches outside of Burma. We hope to change that.
  But unilateral pressure alone will not get the job done. We need a 
diplomatic offensive. Importantly, this bill creates a new position of 
Special Representative and Policy Coordinator for Burma. The Special 
Representative will work with Burma's neighbors and other interested 
countries, including the members of the EU and the Association of 
Southeast Asian Nations, to develop a comprehensive approach to the 
problem, including sanctions, dialogue, and support for non-
governmental organizations providing humanitarian relief to the Burmese 
people. We need China, India, and Thailand, among others, to join with 
us to convince the generals that it is time for change.
  While we work for a negotiated solution to the current crisis, we 
must not forget the Burmese people. This bill authorizes new assistance 
for the hundreds of thousands of Burmese who have been forced from 
their homes and are now refugees or who continue to suffer inside the 
country because of the mismanagement and brutality of the military 
regime.
  It is time for Burma to begin a new day in which all of the people, 
including Burma's many minority groups, work together to rebuild what 
nearly 20 years of disastrous military rule have destroyed. With the 
support of the international community, a new government can build a 
more prosperous and democratic state, one that is at peace with its 
neighbors and that respects the human rights of all of its people. The 
Burmese Army should be, and can be, a part of this new Burma. The 
sanctions called for in this measure will be lifted provided only that 
the generals release all of their political prisoners, engage in a 
substantive dialogue with the advocates of democracy in Burma, and 
afford non-governmental organizations access to address the 
humanitarian needs of the Burmese people. These are reasonable, modest, 
objectives, and if met, would brighten the prospects for Burma's 
future.
  Mr. President, others in this body have a long record of leadership 
on Burma policy, including the Minority Leader, Senator McConnell, who 
I am proud to have as a cosponsor on this bill, and Senator McCain. 
This bill was drafted in consultation with the staff of Senator McCain, 
and includes some portions of a bill he introduced earlier this month. 
I want to thank Senator McCain for his initiative and commend him for 
his strong voice on this issue. I have also relied on the wisdom of my 
old friend Congressman Lantos, who has already introduced legislation 
on Burma in the House. Finally, I want to thank the Senator from 
California, Senator Boxer, for cosponsoring this legislation and for 
chairing an important Senate Foreign Relations Committee hearing on 
Burma that helped to shape this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no ojection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2257

       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 ``Burma Democracy Promotion 
     Act of 2007''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Beginning on August 19, 2007, hundreds of thousands of 
     citizens of Burma, including thousands of Buddhist monks and 
     students, participated in peaceful demonstrations against 
     rapidly deteriorating living conditions and the violent and 
     repressive policies of the State Peace and Development 
     Council, the ruling military regime in Burma--
       (A) to demand the release of all political prisoners, 
     including 1991 Nobel Peace Prize winner Aung San Suu Kyi; and
       (B) to urge the SPDC to engage in meaningful dialogue to 
     pursue national reconciliation.
       (2) The SPDC violently confronted unarmed demonstrators, 
     killing, injuring, and imprisoning citizens, including 
     several thousand Buddhist monks, and continues to forcefully 
     restrict peaceful forms of public expression.
       (3) The Department of State's 2006 Country Reports on Human 
     Rights Practices found that the SPDC--
       (A) routinely restricts freedoms of speech, press, 
     assembly, association, religion, and movement;
       (B) traffics in persons;
       (C) discriminates against women and ethnic minorities;
       (D) forcibly recruits child soldiers and child labor; and
       (E) commits other serious violations of human rights, 
     including extrajudicial killings, custodial deaths, 
     disappearances, rape, torture, abuse of prisoners and 
     detainees, and the imprisonment of citizens arbitrarily for 
     political motives.
       (4) Aung San Suu Kyi has been arbitrarily imprisoned or 
     held under house arrest for more than 12 years.
       (5) On September 25, 2007, President Bush announced that 
     the United States would--
       (A) tighten economic sanctions against Burma, and block 
     property and interests in property of--
       (i) certain senior leaders of the SPDC;
       (ii) individuals who provide financial backing for the 
     SPDC; and
       (iii) individuals responsible for violations of human 
     rights and for impeding the transition to democracy in Burma; 
     and
       (B) impose an expanded visa ban on individuals--
       (i) responsible for violations of human rights; and
       (ii) who aid, abet, or benefit from the efforts of the SPDC 
     to impede the efforts of the people of Burma to transition to 
     democracy and ensure respect for human dignity.
       (6) 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 and hardwoods.
       (7) The SPDC seeks to evade the sanctions imposed in the 
     Burmese Freedom and Democracy Act of 2003. 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 
     sanctions. For example, over 90 percent of the world's ruby 
     supply originates in Burma but only 3 percent of the rubies 
     entering the United States are claimed to be of Burmese 
     origin. The value of Burmese gemstones is predominantly based 
     on their original quality and geological origin, rather than 
     the labor involved in cutting and polishing the gemstones.
       (8) Burma is home to approximately 60 percent of the 
     world's native teak reserves. More than \1/4\ of the world's 
     internationally traded teak originates from Burma, and 
     hardwood sales, mainly of teak, represent more than 11 
     percent of Burma's official foreign exchange earnings.
       (9) Burma officially exports tens of millions of dollars 
     worth of rubies, sapphires, pearls, jade, and other precious 
     stones each year and the SPDC owns a majority stake in all 
     mining operations within the borders of Burma.
       (10) On October 11, 2007, the United Nations Security 
     Council, with the consent of the People's Republic of China, 
     issued a statement condemning the violence in Burma, urging 
     the release of all political prisoners, and calling on the 
     SPDC to enter into a United Nations-mediated dialogue with 
     its political opposition.
       (11) The United Nations special envoy Ibrahim Gambari 
     traveled to Burma from September 29, 2007 through October 2, 
     2007, holding meetings with SPDC leader General Than Shwe and 
     democracy advocate Aung San Suu Kyi in an effort to promote 
     dialogue between the SPDC and democracy advocates.
       (12) The leaders of the SPDC will have a greater incentive 
     to cooperate with diplomatic efforts by the United Nations, 
     the Association of Southeast Asian Nations, and the People's 
     Republic of China if they come under targeted economic 
     pressure that denies them access to personal wealth and 
     sources of revenue.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given the 
     terms in section 5318A(e)(1) of title 31, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (3) ASEAN.--The term ``ASEAN'' means the Association of 
     Southeast Asian Nations.

[[Page S13523]]

       (4) Person.--The term ``person'' means--
       (A) an individual, corporation, company, business 
     association, partnership, society, trust, any other 
     nongovernmental entity, organization, or group; and
       (B) any successor, subunit, or subsidiary of any person 
     described in subparagraph (A).
       (5) SPDC.--The term ``SPDC'' means the State Peace and 
     Development Council, the ruling military regime in Burma.
       (6) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a citizen of the United States or 
     who owes permanent allegiance to the United States; and
       (B) a person that is organized under the laws of the United 
     States, any State or territory thereof, or the District of 
     Columbia, if individuals described in subparagraph (A) own, 
     directly or indirectly, more than 50 percent of the 
     outstanding capital stock or other beneficial interest in 
     such entity.

     SEC. 4. STATEMENT OF POLICY.

       It is the policy of the United States to--
       (1) condemn the continued repression carried out by the 
     SPDC;
       (2) work with the international community, especially the 
     People's Republic of China, India, Thailand, and ASEAN, to 
     foster support for the legitimate democratic aspirations of 
     the people of Burma and to coordinate efforts to impose 
     sanctions on those directly responsible for human rights 
     abuses in Burma;
       (3) provide all appropriate support and assistance to aid a 
     peaceful transition to constitutional democracy in Burma;
       (4) support international efforts to alleviate the 
     suffering of Burmese refugees and address the urgent 
     humanitarian needs of the Burmese people; and
       (5) identify individuals responsible for the repression of 
     peaceful political activity in Burma and hold them 
     accountable for their actions.

     SEC. 5. SANCTIONS.

       (a) List of Officials of the SPDC.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a list of--
       (A) officials of the SPDC who have played a direct and 
     substantial role in the repression of peaceful political 
     activity in Burma or in the commission of other human rights 
     abuses, including any current or former officials of the 
     security services and judicial institutions of the SPDC; and
       (B) any other Burmese persons who provide substantial 
     economic and political support for the SPDC.
       (2) Updates.--The President shall regularly submit updated 
     versions of the list required under paragraph (1).
       (b) Sanctions.--
       (1) Visa ban.--A person included on the list required under 
     subsection (a) shall be ineligible for a visa to enter the 
     United States.
       (2) Waiver.--The ban described in subparagraph (1) may be 
     waived only if the President submits written certification to 
     Congress that such waiver is in the national interests of the 
     United States.
       (3) Financial sanctions.--
       (A) Blocked property.--No property or interest in property 
     belonging to a person described in subparagraph (C) may be 
     transferred, paid, exported, withdrawn, or otherwise dealt 
     with if--
       (i) the property is located in the United States or within 
     the possession or control of a United States person, 
     including the overseas branch of a United States person; or
       (ii) the property comes into the possession or control of a 
     United States person after the date of the enactment of this 
     Act.
       (B) Financial transactions.--No United States person may 
     engage in a financial transaction with the SPDC or with a 
     person described in subparagraph (C).
       (C) Person described.--A person is described in this 
     subparagraph if the person is--
       (i) an official of the SPDC;
       (ii) included on the list required under subsection (a); or
       (iii) an immediate family member of a person included on 
     the list required under subsection (a), if the President 
     determines that the person included on the list--

       (I) effectively controls the property, for purposes of 
     subparagraph (A); or
       (II) would benefit from a financial transaction, for 
     purposes of subparagraph (B).

       (c) Authority for Additional Banking Sanctions.--
       (1) In general.--The Secretary of the Treasury, in 
     consultation with the Secretary of State, the Attorney 
     General of the United States, and the Chairman of the Board 
     of Governors of the Federal Reserve System, 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 (as that term is defined in 
     section 5312 of title 31, United States Code) or financial 
     agency that is organized under the laws of a State, 
     territory, or possession of the United States, for or on 
     behalf of a foreign banking institution, if the Secretary 
     determines that the account might be used--
       (A) by a foreign banking institution that holds property or 
     an interest in property belonging to a person on the list 
     required under subsection (a); or
       (B) to conduct a transaction on behalf of a person on the 
     list required under subsection (a).
       (2) Authority to define terms.--The Secretary of the 
     Treasury may, by regulation, further define the terms used in 
     paragraph (1) for purposes of this section, as the Secretary 
     considers appropriate.
       (d) Rule of Construction.--Nothing in this section may be 
     construed to prohibit any contract or other financial 
     transaction with any nongovernmental humanitarian 
     organization in Burma.
       (e) Exceptions.--
       (1) In general.--The prohibitions and restrictions 
     described in subsections (b) and (c) 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.
       (2) Additional exceptions.--The Secretary of the Treasury 
     may, by regulation, authorize exceptions to the prohibitions 
     and restrictions described in subsection (b) and (c)--
       (A) to permit the United States to operate its diplomatic 
     mission;
       (B) to permit United States citizens to visit Burma; and
       (C) for such other purposes as the Secretary determines to 
     be necessary.
       (f) Penalties.--Any person who violates any prohibition or 
     restriction described in subsection (b) or (c) 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.
       (g) Termination of Sanctions.--The sanctions imposed under 
     subsection (b) or (c) shall apply until the President 
     determines and certifies to the appropriate congressional 
     committees that the SPDC has--
       (1) unconditionally released all political prisoners, 
     including Aung San Suu Kyi and other members of the National 
     League for Democracy;
       (2) entered into a substantive dialogue with democratic 
     forces led by the National League for Democracy and the 
     ethnic minorities of Burma on transitioning to democratic 
     government under the rule of law; and
       (3) allowed humanitarian access to populations affected by 
     armed conflict in all regions of Burma.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 6. PROHIBITION ON IMPORTATION OF BURMESE GEMS, 
                   HARDWOODS, AND OTHER ITEMS.

       Section 3(a)(1) of the Burmese Freedom and Democracy Act of 
     2003 (50 U.S.C. 1701 note) is amended by striking ``a product 
     of Burma.'' and inserting ``produced, mined, manufactured, 
     grown, or assembled in Burma, including--
       ``(A) any gemstone or rough unfinished geological material 
     mined or extracted from Burma, whether imported as a loose 
     item or as a component of a finished piece of jewelry; and
       ``(B) any teak or other hardwood timber, regardless of the 
     country in which such hardwood timber is milled, sawn, or 
     otherwise processed, whether imported in unprocessed form or 
     as a part or component of finished furniture or another wood 
     item.''.

     SEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR 
                   BURMA.

       (a) United States Special Representative and Policy 
     Coordinator for Burma.--The President shall appoint a Special 
     Representative and Policy Coordinator for Burma, by and with 
     the advice and consent of the Senate.
       (b) Rank.--The Special Representative and Policy 
     Coordinator for Burma appointed under subsection (a) shall 
     have the rank of ambassador and shall hold the office at the 
     pleasure of the President.
       (c) Duties and Responsibilities.--The Special 
     Representative and Policy Coordinator for Burma shall--
       (1) promote a comprehensive international effort, including 
     multilateral sanctions, direct dialogue with the SPDC and 
     democracy advocates, and support for nongovernmental 
     organizations operating in Burma and neighboring countries, 
     designed to restore civilian democratic rule to Burma and 
     address the urgent humanitarian needs of the Burmese people;
       (2) consult broadly, including with the Governments of the 
     People's Republic of China, India, Thailand, and Japan, and 
     the members of ASEAN and the European Union to coordinate 
     policies toward Burma;
       (3) assist efforts by the United Nations Special Envoy to 
     secure the release of all political prisoners in Burma and to 
     promote dialogue between the SPDC and leaders of Burma's 
     democracy movement, including Aung San Suu Kyi;
       (4) consult with Congress on policies relevant to Burma and 
     the future and welfare of all the Burmese people, including 
     refugees; and
       (5) coordinate the imposition of Burma sanctions within the 
     United States Government and with the relevant international 
     financial institutions.

     SEC. 8. SENSE OF CONGRESS ON COORDINATION WITH THE 
                   ASSOCIATION OF SOUTHEAST ASIAN NATIONS.

       It is the sense of Congress that the United States--
       (1) joins the foreign ministers of member nations of ASEAN 
     that have expressed concern over the human rights situation 
     in Burma;
       (2) encourages ASEAN to take more substantial steps to 
     ensure a peaceful transition to democracy in Burma;
       (3) welcomes steps by ASEAN to strengthen its internal 
     governance through the adoption of a formal ASEAN charter;

[[Page S13524]]

       (4) urges ASEAN to ensure that all members live up to their 
     membership obligations and adhere to the core principles of 
     ASEAN, including respect for, and commitment to, human 
     rights; and
       (5) would welcome a decision by ASEAN, consistent with its 
     core documents and its new charter, to review Burma's 
     membership in ASEAN and consider appropriate disciplinary 
     measures, including suspension, until such time as the 
     Government of Burma has demonstrated an improved respect for, 
     and commitment to, human rights.

     SEC. 9. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN BURMA.

       (a) In General.--The President is authorized to assist 
     Burmese democracy activists who are dedicated to nonviolent 
     opposition to the SPDC in their efforts to promote freedom, 
     democracy, and human rights in Burma.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $10,000,000 to the Secretary of State for 
     each of the fiscal years 2008 and 2009 to--
       (1) provide aid to democracy activists in Burma;
       (2) provide aid to individuals and groups conducting 
     democracy programming outside of Burma targeted at a peaceful 
     transition to constitutional democracy inside Burma; and
       (3) expand radio and television broadcasting into Burma.

     SEC. 10. SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS ADDRESSING 
                   THE HUMANITARIAN NEEDS OF THE BURMESE PEOPLE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the international community should increase support for 
     nongovernmental organizations attempting to meet the urgent 
     humanitarian needs of the Burmese people.
       (b) Licenses for Humanitarian or Religious Activities in 
     Burma.--Section 5 of the Burmese Freedom and Democracy Act of 
     2003 (50 U.S.C. 1701) is amended--
       (1) by inserting ``(a) Opposition to Assistance to Burma'' 
     before ``The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Licenses for Humanitarian or Religious Activities in 
     Burma.--Notwithstanding any other provision of law, the 
     Secretary of the Treasury is authorized to issue multi-year 
     licenses for humanitarian or religious activities in Burma. 
     Licenses issued pursuant to this section shall be subject to 
     annual review.''.
       (c) 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 to support operations 
     by nongovernmental organizations designed to address the 
     humanitarian needs of the Burmese people inside Burma and in 
     refugee camps in neighboring countries.

     SEC. 11. REPORT ON MILITARY 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 a report to the appropriate congressional committees 
     that--
       (1) contains a list of countries that provide military aid 
     to Burma; and
       (2) describes the military aid provided by each of the 
     countries described in paragraph (1).
       (b) Military Aid Defined.--In this section, the term 
     ``military aid'' includes--
       (1) the provision of weapons, military vehicles, and 
     military aircraft;
       (2) the provision of military training; and
       (3) conducting joint military exercises.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form and may include a 
     classified annex.

     SEC. 12. SENSE OF CONGRESS ON INTERNATIONAL ARMS SALES TO 
                   BURMA.

       It is the sense of Congress that the United States should 
     lead efforts in the United Nations Security Council to impose 
     a mandatory international arms embargo on Burma, curtailing 
     all sales of weapons, ammunition, military vehicles, and 
     military aircraft to Burma until the SPDC releases all 
     political prisoners, restores constitutional rule, and holds 
     free and fair elections to establish a new government.

                          ____________________