[Congressional Record Volume 154, Number 121 (Wednesday, July 23, 2008)]
[House]
[Pages H6831-H6833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   APPROVING RENEWAL OF IMPORT RESTRICTIONS CONTAINED IN THE BURMESE 
                   FREEDOM AND DEMOCRACY ACT OF 2003

  Mr. LEVIN. Madam Speaker, I move to suspend the rules and pass the 
joint resolution (H.J. Res. 93) approving the renewal of import 
restrictions contained in the Burmese Freedom and Democracy Act of 
2003, as amended.
  The Clerk read the title of the joint resolution.
  The text of the joint resolution is as follows:

                              H.J. Res. 93

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. RENEWAL OF IMPORT RESTRICTIONS UNDER THE BURMESE 
                   FREEDOM AND DEMOCRACY ACT OF 2003.

       (a) In General.--Congress approves the renewal of the 
     import restrictions contained in section 3(a)(1) of the 
     Burmese Freedom and Democracy Act of 2003.
       (b) Rule of Construction.--This joint resolution shall be 
     deemed to be a ``renewal resolution'' for purposes of section 
     9 of the Burmese Freedom and Democracy Act of 2003.

     SEC. 2. CERTAIN COBRA 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 ``September 30, 2017'' and inserting 
     ``October 7, 2017''.

     SEC. 3. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

       The percentage under subparagraph (C) 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.

     SEC. 4. EFFECTIVE DATE.

       This joint resolution and the amendments made by this joint 
     resolution shall take effect on the date of the enactment of 
     this joint resolution or July 26, 2008, whichever occurs 
     first.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Levin) and the gentleman from California (Mr. Herger) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. LEVIN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. LEVIN. Madam Speaker, I yield myself such time as I may consume.
  The bill before us will renew the import ban on products of Burma. 
While there can be concerns about the universal effectiveness of 
unilateral sanctions, Burma clearly presents a unique situation. There 
is overwhelming evidence that Burma continues to blatantly disregard 
human rights and suppress democracy, and it is therefore important to 
continue the import ban for another year.
  Under the military regime that rules Burma today, Nobel Laureate Aung 
San Suu Kyi remains under house arrest, which the military regime 
extended yet again in May. She has been detained for 12 of the last 18 
years without being charged or tried. The government is also detaining 
almost 2,000 other civic activists indefinitely and without charge. The 
detention of Aung San Suu Kyi and these other activists would be reason 
enough to renew the sanctions. Unfortunately, there are many more 
examples of human rights abuses in Burma.
  Government security forces killed and injured hundreds of 
demonstrators during their suppression of pro-democracy protests in 
September. These forces have also committed other extrajudicial 
killings, as well as disappearances, rape, and torture in the past 
year.
  Regime-supported organizations and militias have harassed, abused and 
detained human rights and pro-democracy activists. The government 
regularly tramples on the Burmese people's privacy and their freedom of 
speech, press, assembly, association, religion and movement.
  Violence and discrimination against women and ethnic minorities; 
recruitment of child soldiers; and trafficking in persons, especially 
women and girls, persist. Workers' rights remain restricted and forced 
labor, including that of children, continues to be a problem.
  The military regime's handling of tropical cyclone Nargis this past 
spring also underscores the poor human rights situation in Burma. The 
regime did little to warn citizens about the calamitous cyclone. Almost 
150,000 people are dead or missing. Nor did the regime provide adequate 
assistance to hundreds of thousands who survived the cyclone.
  While dozens of nations, including our Nation, responded immediately 
to the cyclone and attempted to provide humanitarian assistance, the 
government initially denied them permission to enter the country. It 
continues to severely limit their ability to provide assistance.
  As a result, the Burmese people unnecessarily suffer. In light of 
Burma's continuing dismal record and the lack of any concrete steps to 
provide basic human rights to its citizens or to implement basic 
democratic reforms, I urge my colleagues to extend the ban on the 
import of Burmese products for another year.
  I also hope the European Union, ASEAN and other nations around the 
world will continue to work with the U.S. to increase pressure on the 
Burmese regime. This week's ASEAN meetings in Singapore offer the 
opportunity to do so.
  I would also like to submit the following letters for the Record:
                                         House of Representatives,


                                  Committee on Ways and Means,

                                     Washington, DC, July 9, 2008.
     Hon. Howard Berman,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Mr. Chairman: I am writing regarding H. J. Res. 93, 
     which renews the import restrictions contained in the Burmese 
     Freedom and Democracy Act of 2003 (P. L. No. 108-61). This 
     legislation was introduced on June 5, 2008.
       As you know, the Committee on Ways & Means has jurisdiction 
     over import matters, such as the import ban imposed by the 
     Burmese Freedom and Democracy Act. Accordingly, certain 
     provisions of H. J. Res. 93 fall under the Committee's 
     jurisdiction.
       The import ban imposed by this Act must be renewed annually 
     by Congress to remain in effect. Last year, the Committee 
     allowed the renewal legislation to proceed to the floor 
     without a Committee markup. To again 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.J. Res. 93, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record.
           Sincerely,
                                                Charles B. Rangel,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                     Washington, DC, July 9, 2008.
     Hon. Charles B. Rangel,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H. 
     J. Res. 93, approving the renewal of import restrictions 
     contained in the Burmese Freedom and Democracy Act of 2003.
       I appreciate your willingness to waive consideration of 
     this legislation in the interest of expediting its 
     consideration. 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

[[Page H6832]]

     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 concur that our exchange of letters be included in the 
     Congressional Record.
           Cordially,
                                                 Howard L. Berman,
                                                         Chairman.

  Madam Speaker, I now reserve the balance of my time.
  Mr. HERGER. Madam Speaker, I rise in support of H.J. Res. 93, to 
extend import sanctions against Burma for another year. Conditions are 
getting worse, not better, in Burma.
  This past year has been particularly repugnant on all fronts. The 
U.N. General Assembly expressed grave concern with the ongoing 
systematic violations of human rights and fundamental freedoms in 
Burma.
  In response to peaceful civic protests in August and September of 
2007, the regime killed 30 people, according to U.N. estimates. Other 
sources reported hundreds of deaths. Harassment, beatings and other 
violent attacks on demonstrators were routine.
  The U.N. Human Rights Council strongly deplored these mindless acts, 
and the U.N. Security Council, which includes China, unanimously 
condemned them as well. The ASEAN countries, Burma's neighbors, 
proclaimed their revulsion.
  As for promoting democracy, there too Burma went in the wrong 
direction, ignoring the requests of the U.N. special adviser to release 
opposition political prisoners. The regime imposed on its people a 
smoke-and-mirrors democratic process, criminalizing criticism of its 
sham constitution and forcing an unfair referendum on communities 
devastated by the cyclone. This is not the scorecard of a country for 
which we should lift sanctions.
  I must say, however, that I seriously question the usefulness of 
unilateral action. Our Burma import sanctions have been in place for 5 
years. During that time, the repressive ruling regime has shown no 
progress toward democracy and respect for human rights.
  That said, in light of the events of the past year, I believe that we 
have no choice but to continue these sanctions, not only to remind 
Burma's leaders that their actions are inexcusable, but also to 
communicate to the impoverished Burmese people that we have not 
abandoned their cause.
  While I am an admitted skeptic when it comes to import sanctions, the 
Burma sanctions are structured to epitomize their effectiveness. They 
require the administration to report annually on whether conditions in 
Burma are improving, and whether U.S. national security, economic and 
foreign policy interests are being served.
  The President may waive the sanctions in the national interest. 
Finally, they are not self-executing. The sanctions will sunset next 
July unless Congress votes to extend them. Most importantly, our 
sanctions, which this Chamber voted last week to strengthen even 
further, are driving other countries to take a tougher stance.
  This past year, Canada imposed new export, import and investment 
restrictions on Burma. Australia instituted new financial measures, and 
the EU sharpened its import sanctions, targeting Burma's profitable 
extractive industries.
  We still need to see much more from China, the ASEAN nations and 
India. For us to force change in Burma, the action must be 
multilateral, and continued efforts to build international pressure are 
critical to my future support for these import sanctions. In the 
meantime, Madam Speaker, I support this resolution.
  I reserve the balance of my time.
  Mr. LEVIN. Madam Speaker, it is now my privilege to yield as much 
time as he shall consume to the lead sponsor of this resolution, the 
distinguished colleague from New York, a member of our committee.
  Mr. CROWLEY. I thank my friend from Michigan for yielding me this 
time. I want to thank my colleagues on both sides of the aisle for 
expressing their support for what I believe is a very valuable piece of 
legislation.
  Madam Speaker, I rise in strong support of the renewal of the 
sanctions on the Burmese junta. I am proud to follow in the footsteps 
of the previous author of this important legislation, the late Tom 
Lantos. It was Tom's drive and energy that ensured that this 
legislation was passed in the past Congresses, and I am now pleased 
that I am able to pick up the mantle and to be the lead sponsor of this 
legislation as it moves forward.
  Like Mr. Lantos, I believe that the United States has a moral 
obligation to stand up for those citizens of the world who cannot stand 
up for themselves. For many years now, the Burmese military junta has 
committed endless atrocities toward rival factions and ethnic groups 
inside their borders. Over 1 million of the Burmese people have been 
forced to relocate from their homes. More than 2,700 villages have been 
annihilated while junta leaders deny much-needed humanitarian aid to 
reach refugees as a result of Cyclone Nargis. Millions have been 
subjugated into forced labor, what the International Labor Organization 
calls, and I quote, a modern form of slavery.
  The junta is one of the few remaining repressive regimes still in 
power in the 21st century. The entire world witnessed the repression 
that existed only last fall in Burma when the military junta smashed a 
burgeoning democracy movement. Once again, it was demonstrated when the 
military junta denied humanitarian assistance to its own people during 
Cyclone Nargis.
  President Bush and the First Lady continue to bring attention to the 
people of Burma's struggle for freedom and democracy, and I 
congratulate and commend both of them for that.

                              {time}  1045

  Most recently, the President signed the Congressional Gold Medal of 
Freedom for Aung San Suu Kyi, which again further demonstrates the 
commitment of the President and of Congress in terms of bringing 
notoriety to her cause. But we need to pressure our allies, 
specifically the European Union and the Association of Southeast Asian 
Nations, known as ASEAN, as well as, I believe, China and India, to do 
more to clamp down on the junta's finances and international travel.
  If we ignore this terrible situation, it will only continue to 
worsen. The time to act against these Burmese atrocities is upon us. 
Times such as now are when a strong voice is needed to push the world 
in the right direction. As a collective group, we can come together to 
save lives and to save a culture from being swallowed by inhumanity.
  I want to again thank my colleagues on the other side of the aisle, 
who may have some skeptical thoughts about the imposition of sanctions, 
but I think you've already alluded to other countries and what they're 
doing now as a result of what we did, maybe unilaterally. But we are 
making a difference by not ignoring the plight of the people of Burma, 
who are being held, in many respects, in bondage by their own 
government.
  And so I applaud you for recognizing the effects that these sanctions 
have had and will continue to have and will grow. We're looking for 
more partners in this effort. And I believe by passing this legislation 
today, it demonstrates our further commitment towards the people of 
Burma, who have very few people in the world looking out for them but 
the United States. So I congratulate you all for supporting this 
legislation and I urge all my colleagues to support this bill.
  Mr. SHAYS. Madam Speaker, I rise in support of H.J. Res. 93, which 
would reauthorize the Burmese Freedom and Democracy Act.
  The devastation caused by Cyclone Nargis in May has been heart 
wrenching to watch. Despite the significant progress that has been made 
over the last three months with the support of the international 
community and numerous non-governmental organizations, the junta has 
frustrated our efforts to do more to help the people of Burma. We must 
continue to assist the humanitarian needs of the most vulnerable 
communities.
  As a member of the Congressional Human Rights Caucus, I am 
particularly concerned about human rights in Burma. The violence 
against thousands of protesters led by Buddhist monks last September, 
which was triggered by the unannounced decision of the Burmese military 
junta to remove fuel subsidies, should be of great concern to everyone.
  We must call on the Burmese junta to end its human rights abuses 
against members of Burma's ethnic minorities immediately, and until 
then, we should continue to impose tough economic and diplomatic 
sanctions against Burma.
  I urge the support of H.J. Res. 93.

[[Page H6833]]

  Mr. KING of New York. Madam Speaker, today I rise in support of H. J. 
Res. 93, a resolution approving the renewal of import restrictions 
contained in the Burmese Freedom and Democracy Act (P.L. 108-61). I am 
proud to have once again introduced this legislation; this year with 
the gentleman from New York, Mr. Crowley.
  In 2003 Congress passed the Burmese Freedom & Democracy Act, 
legislation that I co-authored with my friend, the late Tom Lantos. 
President Bush signed this bill into law and we have reauthorized these 
import restrictions every year since. The legislation bans imports from 
Burma and the issuance of visas to those officials affiliated with the 
State Peace and Development Council, SPDC, the military junta that 
rules Burma and brutally represses its people. This law also bans U.S. 
financial transactions that involve individuals or entities connected 
with the SPDC.
  These sanctions are critically important to keeping the pressure on 
the Burmese junta. The government continues to have one of the worst 
human rights records in the world and routinely violates the rights of 
Burmese citizens, including the systematic use of rape as a weapon of 
war, extrajudicial killings, arbitrary arrests and detention, torture, 
as well as slave and child labor. The Burmese regime has destroyed more 
than 3,000 ethnic villages, displaced approximately 2,000,000 Burmese 
people, more than 500,000 of which are internally displaced, and 
arrested approximately 1,300 individuals for expressing critical 
opinions of the government. And it continues to hold Aung San Suu Kyi, 
the head of the National League for Democracy and the democratically 
elected leader of Burma, under house arrest.
  And just when you thought it couldn't get any worse, it does. In 
August 2007, after the SPDC cancelled fuel subsidies resulting in 
skyrocketing fuel prices, student leaders, democracy leaders, and 
Buddhist monks marched peacefully through the streets to demand human 
rights, freedom, and democracy. But the military responded by attacking 
these protestors. Hundreds of innocent people were killed, arrested, 
imprisoned, or tortured as part of this violent crackdown.
  Then in May 2008 came Cyclone Nargis. Hundreds of thousands of 
Burmese citizens lost their lives because the government did not inform 
them a storm was approaching and, even worse, delayed and prevented 
humanitarian aid from reaching its people.
  We must continue to stand with the Burmese people and expose the 
despicable and reprehensible actions of the SPDC. Sanctions are 
critical to putting pressure on the junta, Just last week the House 
passed the Burmese Democracy Promotion Act (H.R. 3890) which would ban 
the importation of Burmese gems into the United States and freeze the 
assets of Burmese political and military leaders. But we need to urge 
others to do the same. The Association of Southeast Asian Nations, 
ASEAN, the European Union, EU, and the United Nations Security Council, 
UNSC, must all impose multilateral sanctions against Burma's military 
regime including a complete arms embargo.
  I urge adoption of the resolution.
  Mr. HERGER. Madam Speaker, I urge an ``aye'' vote on this and yield 
back the balance of my time.
  Mr. LEVIN. Madam Speaker, I yield back the balance of my time with 
the hope that we will pass this. And I think Mr. Crowley noted the 
efforts of our late colleague and close friend, Tom Lantos. He paved 
the way on this, and I think we need to follow in that path.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Levin) that the House suspend the rules 
and pass the joint resolution, H.J. Res. 93, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the joint resolution, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________