[Congressional Record Volume 153, Number 189 (Tuesday, December 11, 2007)]
[House]
[Pages H15234-H15239]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1315
BLOCK BURMESE JADE (JUNTA'S ANTI-DEMOCRATIC EFFORTS) ACT OF 2007
Mr. MEEKS of New York. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3890) to amend the Burmese Freedom and Democracy
Act of 2003 to waive the requirement for annual renewal resolutions
relating to import sanctions, impose import sanctions on Burmese
gemstones, expand the number of individuals against whom the visa ban
is applicable, expand the blocking of assets and other prohibited
activities, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3890
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Block Burmese JADE (Junta's
Anti-Democratic Efforts) Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Burmese regime has continued and worsened its
obstruction of democratic processes and mass violation of
human rights identified in the Burmese Freedom and Democracy
Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note). In
August and September 2007, Burmese people from all walks of
life conducted their largest peaceful public protests since
1988. The peaceful public protests responded to a drastic
increase in fuel prices, as well as the Burmese regime's
ongoing denial of the democratic and human rights of
[[Page H15235]]
the Burmese people. On September 24, 2007, Buddhist monks
actively participated and increasingly led these peaceful
demonstrations, culminating in an estimated 100,000 people
marching through Rangoon, Burma. The protesters peacefully
demanded the release of 1991 Nobel Peace Prize Winner Daw
Aung San Suu Kyi, the leader of the National League for
Democracy (NLD), marching past security barricades to her
house in a show of support for Burmese democracy. The Burmese
regime continues to refuse to recognize the results of the
1990 election, won by the NLD, which gave Aung San Suu Kyi's
party the right to form a government.
(2) The Burmese regime, which calls itself the State Peace
and Development Council (SPDC), responded to these peaceful
protests with a violent crackdown leading to the reported
killing of some 200 people, including a Japanese
photojournalist, and hundreds of injuries. Human rights
groups further estimate that over 2,000 individuals have been
detained, arrested, imprisoned, beaten, tortured, or
otherwise intimidated as part of this crackdown. The Burmese
regime continues to detain, torture, and otherwise intimidate
those individuals whom it believes participated in or led the
protests and it has closed down or otherwise limited access
to several monasteries and temples that played key roles in
the protests.
(3) The Burmese regime and its supporters finance their
ongoing violations of human rights, undemocratic policies,
and military activities through financial transactions,
travel, and trade involving the United States, including the
sale of gemstones. Despite the sanctions imposed in the
Burmese Freedom and Democracy Act of 2003, the Burmese regime
seeks out ways to evade these restrictions. Millions of
dollars in gemstones that are exported from Burma ultimately
enter the United States but the Burmese regime attempts to
conceal the origin of the gemstones in an effort to evade the
sanctions in the Burmese Freedom and Democracy Act of 2003.
For example, over 90 percent of the world's ruby supply
originates in Burma but only three percent of the rubies
entering the United States are claimed to be of Burmese
origin. The value of Burmese gemstones is more than 99
percent a function of their original quality and geological
origin, and not a result of the labor involved in cutting and
polishing the gemstones.
SEC. 3. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT
OF 2003.
(a) Prohibition on Importation of Jadeite and Rubies From
Burma and Articles of Jewelry Containing Jadeite or Rubies
From Burma.--The Burmese Freedom and Democracy Act of 2003
(Public Law 108-61; 50 U.S.C. 1701 note) is amended by
inserting after section 3 the following new section:
``SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES
FROM BURMA AND ARTICLES OF JEWELRY CONTAINING
JADEITE OR RUBIES FROM BURMA.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Ways and Means and the Committee on
Foreign Affairs of the House of Representatives; and
``(B) the Committee on Finance and the Committee on Foreign
Relations of the Senate.
``(2) Burmese covered article.--The term `Burmese covered
article' means--
``(A) jadeite mined or extracted from Burma;
``(B) rubies mined or extracted from Burma; or
``(C) articles of jewelry containing jadeite described in
subparagraph (A) or rubies described in subparagraph (B).
``(3) Non-burmese covered article.--The term `non-Burmese
covered article' means--
``(A) jadeite mined or extracted from a country other than
Burma;
``(B) rubies mined or extracted from a country other than
Burma; or
``(C) articles of jewelry containing jadeite described in
subparagraph (A) or rubies described in subparagraph (B).
``(4) Jadeite; rubies; articles of jewelry containing
jadeite or rubies.--
``(A) Jadeite.--The term `jadeite' means any jadeite
classifiable under heading 7103 of the Harmonized Tariff
Schedule of the United States (in this paragraph referred to
as the `HTS').
``(B) Rubies.--The term `rubies' means any rubies
classifiable under heading 7103 of the HTS.
``(C) Articles of jewelry containing jadeite or rubies.--
The term `articles of jewelry containing jadeite or rubies'
means--
``(i) any article of jewelry classifiable under heading
7113 of the HTS that contains jadeite or rubies; or
``(ii) any article of jadeite or rubies classifiable under
heading 7116 of the HTS.
``(5) United states.--The term `United States', when used
in the geographic sense, means the several States, the
District of Columbia, and any commonwealth, territory, or
possession of the United States.
``(b) Prohibition on Importation of Burmese Covered
Articles.--
``(1) In general.--Notwithstanding any other provision of
law, until such time as the President determines and
certifies to the appropriate congressional committees that
Burma has met the conditions described in section 3(a)(3),
beginning 60 days after the date of the enactment of the
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of
2007, the President shall prohibit the importation into the
United States of any Burmese covered article.
``(2) Regulatory authority.--The President is authorized
to, and shall as necessary, issue such proclamations,
regulations, licenses, and orders, and conduct such
investigations, as may be necessary to implement the
prohibition under paragraph (1).
``(3) Other actions.--Beginning on the date of the
enactment of this Act, the President shall take all
appropriate actions to seek the following:
``(A) The issuance of a draft waiver decision by the
Council for Trade in Goods of the World Trade Organization
granting a waiver of the applicable obligations of the United
States under the World Trade Organization with respect to the
provisions of this section and any measures taken to
implement this section.
``(B) The adoption of a resolution by the United Nations
General Assembly expressing the need to address trade in
Burmese covered articles and calling for the creation and
implementation of a workable certification scheme for non-
Burmese covered articles to prevent the trade in Burmese
covered articles.
``(c) Requirements for Importation of Non-Burmese Covered
Articles.--
``(1) In general.--Except as provided in paragraph (2),
until such time as the President determines and certifies to
the appropriate congressional committees that Burma has met
the conditions described in section 3(a)(3), beginning 60
days after the date of the enactment of the Block Burmese
JADE (Junta's Anti-Democratic Efforts) Act of 2007, the
President shall require as a condition for the importation
into the United States of any non-Burmese covered article
that--
``(A) the exporter of the non-Burmese covered article has
implemented measures that have substantially the same effect
and achieve the same goals as the measures described in
clauses (i) through (iv) of paragraph (2)(B) (or their
functional equivalent) to prevent the trade in Burmese
covered articles; and
``(B) the importer of the non-Burmese covered article
agrees--
``(i) to maintain a full record of, in the form of reports
or otherwise, complete information relating to any act or
transaction related to the purchase, manufacture, or shipment
of the non-Burmese covered article for a period of not less
than 5 years from the date of entry of the non-Burmese
covered article; and
``(ii) to provide the information described in clause (i)
to the relevant United States authorities upon request.
``(2) Exception.--
``(A) In general.--The President may waive the requirements
of paragraph (1) with respect to the importation of non-
Burmese covered articles from any country with respect to
which the President determines and certifies to the
appropriate congressional committees has implemented the
measures described in subparagraph (B) (or their functional
equivalent) to prevent the trade in Burmese covered articles.
``(B) Measures described.--The measures referred to in
subparagraph (A) are the following:
``(i) With respect to exportation from the country of
jadeite or rubies in rough form, a system of verifiable
controls on the jadeite or rubies from mine to exportation
demonstrating that the jadeite or rubies were not mined or
extracted from Burma, and accompanied by officially-validated
documentation certifying the country from which the jadeite
or rubies were mined or extracted, total carat weight, and
value of the jadeite or rubies.
``(ii) With respect to exportation from the country of
finished jadeite or polished rubies, a system of verifiable
controls on the jadeite or rubies from mine to the place of
final finishing of the jadeite or rubies demonstrating that
the jadeite or rubies were not mined or extracted from Burma,
and accompanied by officially-validated documentation
certifying the country from which the jadeite or rubies were
mined or extracted.
``(iii) With respect to exportation from the country of
articles of jewelry containing jadeite or rubies, a system of
verifiable controls on the jadeite or rubies from mine to the
place of final finishing of the article of jewelry containing
jadeite or rubies demonstrating that the jadeite or rubies
were not mined or extracted from Burma, and accompanied by
officially-validated documentation certifying the country
from which the jadeite or rubies were mined or extracted.
``(iv) With respect to re-exportation from the country of
jadeite or rubies in rough form, finished jadeite or polished
rubies, or articles of jewelry containing jadeite or rubies,
a system of verifiable controls on the jadeite or rubies or
articles of jewelry containing jadeite or rubies ensuring
that no jadeite or rubies mined or extracted from Burma have
entered the legitimate trade in jadeite or rubies.
``(v) Verifiable recordkeeping by all entities and
individuals engaged in mining, importation, and exportation
of non-Burmese covered articles in the country, and subject
to inspection and verification by authorized authorities of
the government of the country in accordance with applicable
law.
[[Page H15236]]
``(vi) Implementation by the government of the country of
proportionate and dissuasive penalties against any persons
who violate laws and regulations designed to prevent trade in
Burmese covered articles.
``(vii) Full cooperation by the country with the United
Nations or other official international organizations that
seek to prevent trade in Burmese covered articles.
``(d) Inapplicability.--
``(1) In general.--The requirements of subsection (b)(1)
and subsection (c)(1) shall not apply with respect to the
importation of Burmese covered articles and non-Burmese
covered articles, respectively, that were previously exported
from the United States and reimported into the United States
by the same person, without having been advanced in value or
improved in condition by any process or other means while
outside the United States, if the person declares that the
reimportation of the Burmese covered articles or non-Burmese
covered articles, as the case may be, satisfies the
requirements of this paragraph.
``(2) Additional provision.--The requirements of subsection
(c)(1) shall not apply with respect to the importation of
non-Burmese covered articles that are imported by or on
behalf of an individual for personal use and accompanying an
individual upon entry into the United States.
``(e) Enforcement.--Burmese covered articles or non-Burmese
covered articles that are imported into the United States in
violation of any prohibition of this Act or any other
provision law shall be subject to all applicable seizure and
forfeiture laws and criminal and civil laws of the United
States to the same extent as any other violation of the
customs laws of the United States.
``(f) Sense of Congress.--
``(1) In general.--It is the sense of Congress that the
President should take the necessary steps to seek to
negotiate an international arrangement--similar to the
Kimberley Process Certification Scheme for conflict
diamonds--to prevent the trade in Burmese covered articles.
Such an international arrangement should create an effective
global system of controls and should contain the measures
described in subsection (c)(2)(B) (or their functional
equivalent).
``(2) Kimberley process certification scheme defined.--In
paragraph (1), the term `Kimberley Process Certification
Scheme' has the meaning given the term in section 3(6) of the
Clean Diamond Trade Act (Public Law 108-19; 19 U.S.C.
3902(6)).
``(g) Report.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Block Burmese JADE (Junta's Anti-
Democratic Efforts) Act of 2007, the President shall transmit
to the appropriate congressional committees a report
describing what actions the United States has taken during
the 60-day period beginning on the date of the enactment of
such Act to seek--
``(A) the issuance of a draft waiver decision by the
Council for Trade in Goods of the World Trade Organization,
as specified in subsection (b)(3)(A);
``(B) the adoption of a resolution by the United Nations
General Assembly, as specified in subsection (b)(3)(B); and
``(C) the negotiation of an international arrangement, as
specified in subsection (f)(1).
``(2) Update.--Not later than 180 days after the
transmission of the report required under paragraph (1), and
every 6 months thereafter, the President shall transmit to
the appropriate congressional committees an update of the
report describing the continued efforts of the United States
to seek the items specified in subparagraphs (A), (B), and
(C) of paragraph (1).
``(h) GAO Report.--Not later than 14 months after the date
of the enactment of the Block Burmese JADE (Junta's Anti-
Democratic Efforts) Act of 2007, the Comptroller General of
the United States shall submit to the appropriate
congressional committees a report on the effectiveness of the
implementation of this section. The Comptroller General shall
include in the report any recommendations or any
modifications to this Act that may be necessary.''.
(b) Visa Ban.--Paragraph (1) of section 6(a) of the Burmese
Freedom and Democracy Act of 2003 is amended to read as
follows:
``(1) Visa ban.--
``(A) In general.--The Secretary of State shall deny the
issuance of a visa and the Secretary of Homeland Security
shall deny admission to the United States to a sanctioned
person (as such term is defined in section 4(b)(8).
``(B) Waiver.--The ban described in subparagraph (A) may be
waived only if the President determines and certifies in
writing to Congress that such is in the national interests of
the United States.''.
(c) Freezing Assets of the Burmese Regime in the United
States.--Section 4 of the Burmese Freedom and Democracy Act
of 2003 is amended--
(1) by redesignating subsections (b) and (c) as subsection
(c) and (d); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Blocking of Assets and Other Prohibited Activities.--
``(1) In general.--The President shall block all property
and interests in property, including all commercial,
industrial, or public utility undertakings or entities, that,
on or after the date of the enactment of the Block Burmese
JADE (Junta's Anti-Democratic Efforts) Act of 2007--
``(A) are owned, in whole or in part, by any sanctioned
person; and
``(B) are in the United States, or in the possession or
control of the Government of the United States or of any
financial institution or financial agency organized under the
laws of a State, territory, or possession of the United
States, including any branch or office of such financial
institution or financial agency that is located outside the
United States.
``(2) Prohibited activities.--Any person who, on or after
the date of the enactment of the Block Burmese JADE (Junta's
Anti-Democratic Efforts) Act of 2007, engages in any of the
following activities shall be subject to penalties described
in paragraph (6):
``(A) Payments or transfers of any property, or any
transactions involving the transfer of anything of economic
value by any United States person, including any financial
institution or financial agency organized under the laws of a
State, territory, or possession of the United States and any
branch or office of such financial institution or financial
agency that is located outside the United States, to any
sanctioned person.
``(B) Direct or indirect payments of any tax, cancellation
penalty, or any other amount to the Burmese Government,
including amounts paid or incurred with respect to any joint
production agreement relating to the Yadana or Shwe gas
fields or pipelines. Any such payment made by or on behalf of
a United States person after the date of the enactment of the
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of
2007 shall be deemed a willful violation of this Act for
purposes of penalties described in paragraph (6) and any
other related provision of law.
``(C) The export or reexport to any entity owned,
controlled, or operated by a sanctioned person directly or
indirectly, of any goods, technology, or services by a United
States person.
``(D) The performance by any United States person of any
contract, including a contract providing a loan or other
financing, in support of an industrial, commercial, or public
utility operated, controlled, or owned by a sanctioned
person.
``(3) Extension of authority.--
``(A) Blocking of property.--The President may block all
property and interests in property of the following entities
and persons, to the same extent as property and interests in
property of a foreign person determined to have committed
acts of terrorism for purposes of Executive Order No. 13224
of September 21, 2001, (50 U.S.C. 1701 note) may be blocked:
``(i) The Burmese Government, the Burmese military, or a
sanctioned person, including entities owned or effectively
controlled by the Burmese Government, the Burmese military,
or a sanctioned person.
``(ii) Persons otherwise associated with the Burmese
Government, the Burmese military, or a sanctioned person.
``(B) Conditions on certain accounts.--The President may
prohibit or impose conditions on the opening or maintaining
in the United States of a correspondent account or payable-
through account by any financial institution or financial
agency that is organized under the laws of a State,
territory, or possession of the United States, if the
President determines that such an account might be used--
``(i) by a person or entity that holds property or an
interest in property belonging to the Burmese Government, the
Burmese military, or a sanctioned person; or
``(ii) to conduct a transaction on behalf of or for the
benefit of the Burmese Government, the Burmese military, or a
sanctioned person.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prohibit any contract or other
financial transaction with any nongovernmental humanitarian
organization in Burma.
``(5) Exceptions.--The prohibitions and restrictions
described in paragraphs (1), (2), and (3) shall not apply to
medicine, medical equipment or supplies, food, or any other
form of humanitarian assistance provided to Burma as relief
in response to a humanitarian crisis.
``(6) Penalties.--Any person who violates any prohibition
or restriction described in paragraph (1), (2), or (3) shall
be subject to the penalties under section 6 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as for a violation under that Act.
``(7) Listing of sanctioned persons.--The Secretary of
State and Secretary of the Treasury shall update and publish
in the Federal Register new lists of sanctioned persons as
additional information becomes available. The Secretary of
State and the Secretary of the Treasury shall devote
sufficient resources to the identification of information
concerning sanctioned persons to carry out the purposes
described in this Act.
``(8) Definitions.--In this subsection:
``(A) Correspondent account; payable-through account.--The
terms `correspondent account' and `payable-through account'
have the meanings given such terms in section 5318A(e)(1) of
title 31, United States Code.
``(B) Financial agency.--The term `financial agency' has
the meaning given such term in section 5312 of title 31,
United States Code.
``(C) Financial institution.--The term `financial
institution' has the meaning given such term in section 5312
of title 31, United States Code.
[[Page H15237]]
``(D) United states person.--The term `United States
person' means--
``(i) any United States citizen or alien lawfully admitted
for permanent residence to the United States;
``(ii) any person in the United States;
``(iii) any entity organized under the laws of the United
States, any State or territory thereof, or the District of
Columbia, and any foreign branch or subsidiary of such an
entity; or
``(iv) any entity organized under the laws of the United
States, any State or territory thereof, or the District of
Columbia, in which an individual or entity described in
clauses (i), (ii), or (iii) owns, directly or indirectly,
more than 50 percent of the outstanding capital stock or
other beneficial interest in such entity.
``(E) Sanctioned person.--The term `sanctioned person'
means--
``(i) any individual who is a member of the former or
present leadership of the SPDC or the union Solidarity
Development Association;
``(ii) any member of the Burmese military involved in the
violent repression of the public protests in Burma in August,
September, and October 2007 (regardless of when such
repression occurred);
``(iii) any Burmese official who has engaged in, ordered,
or facilitated acts of gross violations of internationally
recognized human rights (as defined in section 502B(d)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)),
either as an individual or as a member of a group or
government; or
``(iv) any member of the immediate family of any individual
described in clauses (i), (ii), or (iii).''.
SEC. 4. SUPPORT FOR DEMOCRACY PROMOTION AND HUMANITARIAN
ASSISTANCE IN BURMA.
(a) In General.--The President is authorized to use all
available resources to assist Burma democracy activists and
humanitarian aid workers in their efforts to promote freedom,
democracy, and human rights in Burma.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $20,000,000 to the Secretary of State for
each of the fiscal years 2008 and 2009 for the following
purposes:
(1) To provide aid to democracy and human rights activists
and organizations inside and outside of Burma working to
bring a transition to democracy inside Burma, including to
individuals and groups that--
(A) promote democracy and human rights;
(B) represent the ethnic minorities of Burma;
(C) broadcast radio and television programs into Burma that
promote democracy and report on human rights conditions
inside Burma; or
(D) compile evidence of human rights violations by the SPDC
and its civilian militia, the Union Solidarity and
Development Association (USDA), and of the SPDC and its
entities' efforts to repress peaceful activities.
(2) To provide aid to humanitarian workers who--
(A) provide food, medical, educational, or other assistance
to refugees and internally displaced persons;
(B) assist women and girls after incidents of rape and
other forms of sexual violence; or
(C) assist in the rehabilitation of child soldiers.
(c) Preventing Funds From Enriching the SPDC.--None of the
funding made available under this section may be provided to
SPDC-controlled entities, entities working with or providing
cash or resources to the SPDC, including organizations
affiliated with the United Nations, or entities requiring the
approval of the SPDC to operate within the borders of Burma.
SEC. 5. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report containing a list of countries, companies,
and other entities that provide military or intelligence aid
to the SPDC and describing such military or intelligence aid
provided by each such country, company, and other entity.
(b) Military or Intelligence Aid Defined.--For the purpose
of this section, the term ``military or intelligence aid''
means, with respect to the SPDC--
(1) the provision of weapons, weapons parts, military
vehicles, or military aircraft;
(2) the provision of military or intelligence training,
including advice and assistance on subject matter expert
exchanges;
(3) the provision of weapons of mass destruction and
related materials, capabilities, and technology, including
nuclear, chemical, or dual-use capabilities;
(4) conducting joint military exercises;
(5) the provision of naval support, including ship
development and naval construction;
(6) the provision of technical support, including computer
and software development and installations, networks, and
infrastructure development and construction; or
(7) the construction or expansion of airfields, including
radar and anti-aircraft systems.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form but may include a
classified annex.
SEC. 6. DENIAL OF FOREIGN TAX CREDIT WITH RESPECT TO BURMA.
(a) In General.--Paragraph (2) of section 901(j) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(C) Special rule for burma.--In addition to any period
during which this subsection would otherwise apply to Burma,
this subsection shall apply to Burma during the period--
``(i) beginning on January 1, 2008, and
``(ii) ending on the date the Secretary of State certifies
to the Secretary of the Treasury that Burma meets the
requirements of section 3(a)(3) of the Burmese Freedom and
Democracy Act of 2003 (as in effect on the date of the
enactment of this subparagraph).''.
(b) Effective Date.--The amendment made by this section
shall take effect on January 1, 2008.
SEC. 7. WAIVER OF COMPETITIVE NEED LIMITATION UNDER
GENERALIZED SYSTEM OF PREFERENCES FOR CERTAIN
ARTICLES OF INDIA AND THAILAND.
(a) Waiver.--Not later than 60 days after the date of the
enactment of this Act, the President shall waive the
application of subsection (c)(2) of section 503 of the Trade
Act of 1974 (19 U.S.C. 2463) pursuant to subsection (d) of
such section (relating to waiver of competitive need
limitation) with respect to articles of Thailand and India
classifiable under subheading 7113.19.50 of the Harmonized
Tariff Schedule of the United States.
(b) Sense of Congress.--It is the sense of Congress that
the President should--
(1) review any waiver of the application of subsection
(c)(2) of section 503 of the Trade Act of 1974 pursuant to
subsection (d) of such section with respect to any eligible
article of any beneficiary developing country that is revoked
pursuant to subsection (d)4)(B)(ii) of such section; and
(2) reinstate such waiver unless the United States
International Trade Commission affirmatively determines
that--
(A) revocation of such waiver will not reduce the current
level of exports of such article from the beneficiary
developing country to the United States; and
(B) revocation of the waiver will not benefit one or more
countries that are not designated as beneficiary developing
countries for purposes of title V of the Trade Act of 1974.
SEC. 8. OFFSETS.
(a) Time for Payment of Corporate Estimated Taxes.--The
percentage under subparagraph (B) of section 401(1) of the
Tax Increase Prevention and Reconciliation Act of 2005 in
effect on the date of the enactment of this Act is increased
by 0.25 percentage points.
(b) Customs User Fees.--Section 13031(j)(3)(B)(i) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(j)(3)(B)(i)) is amended by striking ``December 13,
2014'' and inserting ``January 24, 2015''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Meeks) and the gentleman from Texas (Mr. Poe) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. MEEKS of New York. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. MEEKS of New York. Mr. Speaker, I rise in strong support of this
resolution, and I yield myself such time as I may consume.
Mr. Speaker, just a few short months ago, Burma's Saffron Revolution
unfolded before the eyes of the world. Buddhist monks draped in crimson
robes peacefully marching through the streets of Rangoon. Tens of
thousands of Burmese citizens joining the monks, echoing their calls
for change. A chorus of world voices asking the Burma's ruling junta to
respond peacefully and responsibly to cries for freedom and democracy.
The reaction of the ruling regime to these peaceful demonstrations
was equally as unforgettable. Unarmed monks shot in the streets, in
full view of the international community. Thousands of peaceful monks
hauled off to detention centers to be tortured. Political dissidents
tossed in jail, facing years behind bars simply for criticizing the
government.
In recent days, loudspeakers across the country warn: ``We have
video. We will find you,'' all in an Orwellian effort to intimidate
Burma's people and deter them from their aspirations for democracy and
a better life.
This crackdown on nonviolent protesters and Buddhist monks by Burma's
military thugs sets a new low of brutality even for this regime of
military dictators.
[[Page H15238]]
These brutal actions demonstrate the moral bankruptcy of the regime.
Unfortunately, the regime is not economically bankrupt. It continues to
take Burma's vast resources as its own while the vast majority of
Burma's people suffer in dire poverty.
The legislation before the House today hits the regime where it
hurts, in the wallet. By blocking the import of Burmese gems into the
United States and expanding financial sanctions, the legislation will
take hundreds of millions out of the pockets of the regime each year.
This legislation is supported by United States industry. The 11,000-
store Jewelers of America supports a ban of Burmese gem imports to the
United States. Major retailers like Tiffany's and Bulgari have also
voluntarily implemented such a ban.
The bill before the House also cuts off tax deductions for Chevron's
major gas investment in Burma. By closing this loophole, we can
dramatically increase pressure on other civilized nations to similarly
demand that their firms divest themselves of Burma holdings.
This bipartisan bill strengthens our goal of a coordinated,
multilateral approach to sanctions against Burma. The European Union
recently announced a similar ban on the import of Burmese gems, as have
the Canadians. I hope our legislation will push other countries to
reexamine their financial dealings with the regime and the investment
their oil companies make in Burma.
Mr. Speaker, I am pleased to offer this legislation to strengthen the
sanctions imposed by the 2003 Burmese Freedom and Democracy Act. In
doing so, I am again joined by the ranking Republican member of the
Foreign Affairs Committee, Ileana Ros-Lehtinen, and Mr. Peter King of
the Homeland Security Committee, both of whom have been strong voices
for freedom in Burma.
Let me also express my appreciation to the chairman of the Ways and
Means Committee, Mr. Rangel, and the chairman of the Trade
Subcommittee, Mr. Levin, as well as their Republican counterparts, Mr.
McCrery and Mr. Herger, for their enormous help in moving this bill
forward.
Finally, I would like to highlight the indispensable leadership of
Speaker Nancy Pelosi on this legislation. Since the first shots were
fired in Rangoon, the Speaker has firmly indicated the intention of
House Democrats to significantly tighten sanctions on the ruling
Burmese regime. And today, we fulfill that promise.
Mr. Speaker, Burmese freedom fighter and Nobel Laureate Aung San Suu
Kyi memorably asked the world community, ``Use your liberty to promote
ours.'' So today, we use our liberty in the United States Congress to
dramatically increase the economic pressure on the Burmese regime to
move towards freedom, democracy and respect for human rights.
We use our liberty to stop the flow of blood red rubies from Burma
into American jewelry stores. The Burmese regime might have washed the
blood from the streets of Rangoon, but they have not erased the images
of peaceful protesters being shot down from our minds. Today, we act,
and we act decisively.
Mr. Speaker, I reserve the balance of my time.
Mr. POE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the world was rightfully shocked and outraged this past
fall by reports of midnight raids on temples in Burma and televised
images of monks and other peaceful demonstrators being shot down on the
streets and arrested.
Appeals for human decency and restraint have fallen on deaf ears with
regard to Burma's generals. It is thus time to send them a message that
they understand, a message that is loud and clear.
The international community must no longer subsidize the leaders of
this immoral regime by trading in the commodities they peddle on
international markets. This rainbow coalition of contraband products
for sale by the military junta has included red rubies, white opium,
green jade and brown timber.
The legislation put forward today sends a simple, but clear and
strong message: It will not be business as usual for the people in
Rangoon until they stop their suppression of their own people in the
nation of Burma.
Is there any Member here today who has any doubts about making
economic sanctions against the current Rangoon regime permanent and
hard hitting? This legislation has the full support of leaders of the
American gem industry. They have seen the necessity of putting
principle ahead of money and profit when it comes to the actions of the
Burmese rogue regime.
And this legislation also seeks to put the blame squarely on the
backs of those who have earned it, the ruling generals and their
families, and not on the backs of the Burmese people who have already
suffered too much.
It calls for frozen bank accounts for the generals, an ending to
money laundering by the ruling junta, and no visas to the United States
for those involved in the continuing acts of repression and no visas
for their immediate families.
The urgency with which we are here today in view of this issue of the
restoration of the democratic rights to the people of Burma is
demonstrated by the fact that already over 240 Members of this House of
Representatives have agreed to cosponsor legislation giving official
Congressional recognition to Nobel Peace Prize Laureate and Burma
democratic leader Aung San Suu Kyi.
H.R. 4286, introduced December 5 by Mr. Manzullo and Mr. Crowley,
would award a Congressional Gold Medal to Aung San Suu Kyi in
recognition of her courageous and unwavering commitment to peace,
nonviolence, human rights, and democracy in Burma.
There is no clearer indication than this legislation of the
solidarity that exists between the people of the United States and the
good people of Burma on the issues of human rights and democracy.
This legislation is also fully in keeping with administration policy.
In a statement made on October 19, following the latest series of
bloody and tragic events, President Bush announced an executive order
imposing additional sanctions on Burmese leaders and entities. The
President also instructed the Commerce Department to tighten export
control and regulation over Burma. On that occasion, the President
noted that ``Burmese leaders continue to defy the world's just demands
to stop their vicious persecution. They continue to dismiss calls to
begin peaceful dialogue aimed at national reconciliation. Most of all,
they continue to reject the clear will of the Burmese people who wish
to live in freedom under leaders of their choosing.''
The President concluded with these observations: ``The people of
Burma are showing great courage in the face of immense repression. They
are appealing for our help. We must not turn a deaf ear to their cries.
I believe no nation can forever suppress its own people. And we are
confident that the day is coming when freedom's tide will reach the
shores of Burma.''
This legislation provides an opportunity to send a strong, bipartisan
and loud message that where human freedom is concerned, politics does
stop at the water's edge.
I rise today to urge my colleagues to join in voicing their
enthusiastic support for a free Burma by supporting the Block Burmese
JADE Act of 2007.
Mr. Speaker, I reserve the balance of my time.
Mr. MEEKS of New York. Mr. Speaker, I reserve the balance of my time.
Mr. POE. Mr. Speaker, I want to thank Chairman Lantos of the Foreign
Affairs Committee, the author of this bill, for his efforts in
introducing this bill. We have no other speakers at this time.
Mr. Speaker, I yield back the balance of my time.
Mr. MEEKS of New York. Mr. Speaker, I include for the Record an
exchange of letters between Chairman Rangel and Chairman Lantos on H.R.
3890.
House of Representatives,
Committee on Ways and Means,
Washington, DC, December 10, 2007.
Hon. Tom Lantos,
Chairman, Committee on Foreign Affairs,
Washington, DC.
Dear Mr. Chairman: I am writing regarding H.R. 3890, the
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of
2007, which was reported by the House Foreign Affairs
Committee on October 31, 2007.
As you know, the Committee on Ways & Means has jurisdiction
over import matters, such as the import ban and restrictions
on
[[Page H15239]]
imports imposed by the Block Burmese JADE Act of 2007.
Accordingly, certain provisions of H.R. 3890 fall under the
Committee's jurisdiction.
There have been some productive conversations between the
staffs of our committees, during which we have proposed some
changes to H.R. 3890 that I believe help clarify the intent
and scope of the measure. My understanding is that there is
an agreement with regard to these changes.
The following provisions of H.R. 3890 were among those
changed, added, or removed because they fell within the
Committee's jurisdiction:
Section 3(a) (``Annual Renewal of Resolutions No Longer
Required''): This subsection was removed;
Section 3(b) (Import Restrictions on Gemstones): This
subsection was removed and a new Section 3A (``Prohibition on
Importation of Certain Jadeite and Rubies and Articles of
Jewelry Containing Jadeite or Rubies'') was added;
New Section 3A(a) (``Definitions'') contains definitions
for the terms ``Appropriate Congressional Committees,''
``Burmese Covered Article,'' ``Non-Burmese Covered Article,''
``Jadeite; Rubies; Articles of Jewelry Containing Jadeite or
Rubies,'' and ``United States'';
New Section 3A(b) (``Prohibitions on Importation of Burmese
Covered Articles''): Provides that the President shall
prohibit the importation into the United States of any
Burmese covered article and use provided regulatory authority
as necessary; and the President shall take actions to seek a
draft waiver decision by the Council on Trade in Goods of the
World Trade Organization and adoption of a United Nations
General Assembly resolution;
New Section 3A(c) (``Requirements for Importation of Non-
Burmese Covered Articles''): Provides that the President,
beginning 60 days after the date of enactment, shall require
certain actions by the exporting country, exporter and
importer as a condition of importing non-Burmese covered
articles into the United States to ensure that the imported
articles do not contain Burmese jadeite or rubies;
New Section 3A(d) (``Inapplicability''): Exempts certain
imports from the requirements of the Act;
New Section 3A(e) (``Enforcement''): Provides that Burmese
covered articles and non-Burmese covered articles imported
into the United States in violation of the Act are subject to
all applicable laws of the United States;
New Section 3A(f) (``Sense of Congress''): Provides that
the President should take the necessary steps to negotiate an
international agreement similar to the Kimberley Process
Certification Scheme for conflict diamonds; and
New Section 7 (``Waiver of Competitive Need Limitation
Under Generalized System of Preferences For Certain Articles
of India and Thailand''): Provides for the reinstatement of
Generalized System of Preferences (duty-free treatment) for
specified Thai and Indian jewelry.
To expedite this legislation for floor consideration, the
Committee will forgo action on this bill and will not oppose
its consideration on the suspension calendar. This is done
with the understanding that it does not in any way prejudice
the Committee or its jurisdictional prerogatives on this, or
similar legislation, in the future.
I would appreciate your response to this letter, confirming
our understanding with respect to H.R. 3890, and would ask
that a copy of our exchange of letters on this matter be
included in the record.
Sincerely,
Charles B. Rangel,
Chairman.
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, December 10, 2007.
Hon. Charles B. Rangel,
Chairman, Committee on Ways and Means, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
3890, the Block Burmese JADE (Junta's Anti-Democratic
Efforts) Act of 2007.
I appreciate your willingness to work cooperatively on this
legislation and the mutually agreed upon text that is being
presented to the House, including the amendments to H.R. 3890
reported by the Committee on Foreign Affairs, as described in
your letter. I recognize that the bill contains provisions
that fall within the jurisdiction of the Committee on Ways
and Means. I agree that the inaction of your Committee with
respect to the bill does not in any way prejudice the
Committee on Ways and Means or its jurisdictional
prerogatives on this or similar legislation in the future.
I will ensure that our exchange of letters be included in
the Congressional Record.
Cordially,
Tom Lantos,
Chairman.
Mr. SMITH of New Jersey. Mr. Speaker, I'm proud to be an original
cosponsor of this important resolution strengthening the Burmese
Freedom and Democracy Act of 2003, and I want to thank my good friend
and colleague, Chairman Lantos, for his continued leadership on this
issue. It's an issue that concerns Members on both sides of the aisle
and anyone who cares about freedom and human rights.
The despicable actions of Burma's brutal regime in recent months are
only the latest chapter in a long history of repression by that
country's dictators. After their shocking murder and incarceration 2
months ago of peaceful demonstrators, including Buddhist monks--the
very symbols of the Burmese people's desire for peace--the Government
thugs hope that our attention will turn elsewhere. They hope that the
international outcry over the violence and humiliation of this fall
will die down. But we are all too aware of the history of this regime
to let that happen.
If we turn our attention elsewhere, the regime will intensify the
abuse and repeat these crimes again and again. Since the 1988 slaughter
of several thousand peaceful demonstrators, the story of Burma has been
a constant saga of harassment, violence, and torture. The inhumane
treatment of Nobel Peace Prize winner Daw Aung San Suu Kyi is only the
most glaring example of the regime's efforts to stifle democracy--
unfortunately there are many others that don't get as many headlines.
Members may recall that I have mentioned in the past how the military
regime in Burma locked up a 19-year-old student from my district,
Michelle Keegan, who had traveled to Burma in 1998 to mark in a
peaceful way the 10th anniversary of those 1988 massacres. She and
others were sentenced to 5 years in jail for distributing small
leaflets calling for democracy in Burma.
I, and others, were outraged, and agitated for the release of these
young people. They wouldn't let us into the country, but they couldn't
keep us quiet. If not for the attention of the U.S. Congress and the
American people--and for the international pressure that resulted--who
knows what would have happened to these students in the prisons of
Burma? Thankfully, we gained their release.
The Block Burmese JADE Act will tighten the noose on this murderous
regime, expanding what this body has already done to isolate these
criminals. Burma's junta continues to enrich itself from the country's
vast natural resources while most of its people are mired in poverty.
The generals and their families milk state-owned enterprises for all
they're worth, getting their hands on much of the nearly $3 billion in
annual revenues from oil and gas, timber and gems.
By blocking further assets, imposing more severe import restrictions
on Burmese gemstones, and expanding the visa ban on the regime's
cronies, we will further limit its comfort zone. The regime will be
less able to avoid U.S. sanctions--and U.S. companies will no longer be
able to take tax deductions for investment in Burma.
These measures alone won't bring about wholesale change in Burma. We
need more help from our allies and from Burma's neighbors if we dare to
hope for true freedom in that country. We need China to take a serious
stand on the right side of this issue instead of remaining--as usual--
lined up against human rights and human dignity.
But this strengthening of our law--this strengthening of our
resolve--will take another concrete step in the right direction. It
will also make an important statement to Burma's brutal dictators--and
to the beleaguered pro-democracy activists in that country struggling
under the yoke of military repression.
Mr. MEEKS of New York. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Meeks) that the House suspend the rules
and pass the bill, H.R. 3890, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to amend the Burmese
Freedom and Democracy Act of 2003 to impose import sanctions on Burmese
gemstones, expand the number of individuals against whom the visa ban
is applicable, expand the blocking of assets and other prohibited
activities, and for other purposes.''
A motion to reconsider was laid on the table.
____________________