[Congressional Record Volume 165, Number 118 (Monday, July 15, 2019)]
[House]
[Pages H5802-H5805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CAMBODIA DEMOCRACY ACT OF 2019

  Mr. ENGEL. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 526) to promote free and fair elections, political freedoms, and 
human rights in Cambodia, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 526

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cambodia Democracy Act of 
     2019''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Prime Minister Hun Sen has been in power in Cambodia 
     since 1985 and is the longest-serving leader in Southeast 
     Asia. Despite decades of international attention and 
     assistance to promote a pluralistic, multi-party democratic 
     system in Cambodia, the Government of Cambodia continues to 
     be

[[Page H5803]]

     undemocratically dominated by the ruling Cambodia People's 
     Party (CPP), which controls every agency and security 
     apparatus of the state.
       (2) In 2015, the CPP-controlled parliament passed the ``Law 
     on Associations and Non-Governmental Organizations'', which 
     gave the government sweeping powers to revoke the 
     registration of NGOs that the government believed to be 
     operating with a political bias in a blatant attempt to 
     restrict the legitimate work of civil society. On August 23, 
     2017, Cambodia's Ministry of Foreign Affairs ordered the 
     closure of the National Democratic Institute and the 
     expulsion of its foreign staff. On September 15, 2017, Prime 
     Minister Hun Sen called for the withdrawal of all volunteers 
     from the United States Peace Corps, which has operated in 
     Cambodia since 2006 with 500 United States volunteers 
     providing English language and healthcare training.
       (3) The Government of Cambodia has taken several measures 
     to restrict its media environment, especially through 
     politicized tax investigations against independent media 
     outlets that resulted in the closure of The Cambodian Daily 
     and Radio Free Asia in early September 2017. Additionally, 
     the Government of Cambodia has ordered several radio stations 
     to stop the broadcasting of Radio Free Asia and Voice of 
     America programming.
       (4) On September 3, 2017, Kem Sokha, the President of the 
     Cambodia National Rescue Party (CNRP), was arrested on 
     politically motivated charges, including treason and 
     conspiring to overthrow the Government of Cambodia, and faces 
     up to 30 years in prison. The CNRP's previous leader, Sam 
     Rainsy, remains in exile. On November 16, 2017, Cambodia's 
     Supreme Court dissolved the CNRP, eliminating the primary 
     opposition party.
       (5) Each of the six elections that have taken place in 
     Cambodia since 1991 were conducted in circumstances that were 
     not free and fair, and were marked by fraud, intimidation, 
     violence, and the government's misuse of legal mechanisms to 
     weaken opposition candidates and parties.
       (6) In the most recent general election in July 2018, 
     following the dissolution of the CNRP, the CPP secured every 
     parliamentary seat, an electoral victory that a statement 
     from the White House Press Secretary stated was ``neither 
     free nor fair and failed to represent the will of the 
     Cambodian people''.
       (7) The United States is committed to promoting democracy, 
     human rights, and the rule of law in Cambodia. The United 
     States continues to urge the Government of Cambodia to 
     immediately release Mr. Kem Sokha, reinstate the political 
     status of the CNRP and restore its elected seats in the 
     National Assembly, and support electoral reform efforts in 
     Cambodia with free and fair elections monitored by 
     international observers.

     SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN 
                   CAMBODIA.

       (a) Designation of Persons Responsible for Undermining 
     Democracy in Cambodia.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall designate and 
     transmit to the appropriate congressional committees a list 
     of--
       (A) each senior official of the government, military, or 
     security forces of Cambodia who the President determines has 
     directly and substantially undermined democracy in Cambodia;
       (B) each senior official of the government, military, or 
     security forces of Cambodia who the President determines has 
     committed or directed serious human rights violations 
     associated with undermining democracy in Cambodia; and
       (C) entities owned or controlled by senior officials of the 
     government, military, or security forces of Cambodia 
     described in subparagraphs (A) and (B).
       (2) Imposition of sanctions.--The President shall impose 
     the sanctions described in subsection (b) on each foreign 
     person designated pursuant to paragraph (1).
       (3) Updates.--The President shall transmit to the 
     appropriate congressional committees updated lists under 
     paragraph (1) as new information becomes available.
       (b) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Asset blocking.--The President shall exercise all of 
     the powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
     extent necessary to block and prohibit all transactions in 
     property and interests in property of a foreign person 
     designated under subsection (a) if such property and 
     interests in property are in the United States, come within 
     the United States, or are or come within the possession or 
     control of a United States person.
       (2) Inadmissibility of certain individuals.--
       (A) Ineligibility for visas and admission to the united 
     states.--A foreign person designated under subsection (a) 
     is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--A foreign person designated 
     under subsection (a) is subject to the following:
       (i) Revocation of any visa or other entry documentation 
     regardless of when the visa or other entry documentation is 
     or was issued.
       (ii) A revocation under clause (i) shall--

       (I) take effect immediately; and
       (II) automatically cancel any other valid visa or entry 
     documentation that is in the foreign person's possession.

       (C) Exception to comply with international obligations.--
     Sanctions under this paragraph shall not apply with respect 
     to a foreign person if admitting or paroling the person into 
     the United States is necessary to permit the United States to 
     comply with the Agreement regarding the Headquarters of the 
     United Nations, signed at Lake Success June 26, 1947, and 
     entered into force November 21, 1947, between the United 
     Nations and the United States, or other applicable 
     international obligations.
       (3) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign 
     person that violates, attempts to violate, conspires to 
     violate, or causes a violation of paragraph (1) to the same 
     extent that such penalties apply to a person that commits an 
     unlawful act described in subsection (a) of such section 206.
       (c) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (d) Waiver.--The President may waive the application of 
     sanctions described in subsection (b) with respect to a 
     person designated under subsection (a) if the President 
     determines and certifies to the appropriate congressional 
     committees that such waiver is in the national interest of 
     the United States.
       (e) Exception Relating to Importation of Goods.--
       (1) In general.--The authorities and requirements to impose 
     sanctions authorized under this Act shall not include the 
     authority or requirement to impose sanctions on the 
     importation of goods.
       (2) Good defined.--In this subsection, the term ``good'' 
     means any article, natural or man-made substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.

     SEC. 4. SUSPENSION OF SANCTIONS.

       (a) Suspension.--The sanctions described in section 3 may 
     be suspended for up to 1-year upon certification by the 
     President to the appropriate congressional committees that 
     Cambodia is making meaningful progress toward the following:
       (1) Ending government efforts to undermine democracy.
       (2) Ending human rights violations associated with 
     undermining democracy.
       (3) Conducting free and fair elections which allow for the 
     active participation of credible opposition candidates.
       (b) Renewal of Suspension.--The suspension described in 
     subsection (a) may be renewed for additional, consecutive-day 
     periods if the President certifies to the appropriate 
     congressional committees that Cambodia is continuing to make 
     meaningful progress towards satisfying the conditions 
     described in such subsection during the previous year.

     SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

     SEC. 6. SUNSET.

       This Act shall terminate on the date that is 5 years after 
     the date of the enactment of this Act.

     SEC. 7. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Affairs and the Committee on Financial Services of 
     the House of Representatives, and the Committee on Foreign 
     Relations and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate.
       (2) Person.--
       (A) In general.--The term ``person'' means--
       (i) a natural person; or
       (ii) a corporation, business association, partnership, 
     society, trust, financial institution, insurer, underwriter, 
     guarantor, and any other business organization, any other 
     nongovernmental entity, organization, or group, and any 
     governmental entity operating as a business enterprise or any 
     successor to any entity described in this clause.
       (B) Application to governmental entities.--The term 
     ``person'' does not include a government or governmental 
     entity that is not operating as a business enterprise.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction of the United States, including a 
     foreign branch of such an entity.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from

[[Page H5804]]

New York (Mr. Engel) and the gentleman from Ohio (Mr. Chabot) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 526.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank the gentleman from Florida (Mr. Yoho), a 
valued member of the Foreign Affairs Committee, for his hard work on 
this measure.
  This is an example of what our committee does best: good, bipartisan 
legislation aimed at advancing American interests and leadership and, 
especially in this case, our values--our support for human rights 
around the world. So, I thank Mr. Yoho for this.
  Hun Sen, Cambodia's strongman Prime Minister, has been in power since 
1985. He has clung to power longer than any other current leader in 
southeast Asia. He has violently suppressed dissent. He intimidates any 
opposition.
  Civil society cannot operate freely. His government restricts free 
speech and free media, the bedrocks of any democracy.
  For 30 years, the Cambodian people have hoped to see their country 
move toward a freer, more democratic system. Democracies around the 
world have hoped for the same thing, investing for decades in the hopes 
of building a pluralistic, multiparty system in Cambodia.
  Progress has been halting at best, and results are woefully 
incomplete. Six elections have been held in Cambodia since 1991. None 
of them was free or fair.
  But we won't give up on the Cambodian people. This legislation gives 
the President and State Department more tools to sanction Cambodian 
leaders who undermine democracy and commit gross human rights 
violations.
  This bill would prohibit those individuals from entering the United 
States and block any assets or property they may possess in our 
country.
  This bill sends a clear message that the United States stands 
shoulder to shoulder with the people of Cambodia and that Congress will 
hold Cambodia's leaders accountable for their assault on democracy and 
violations of human rights.
  Mr. Speaker, I am pleased to cosponsor this bill. I am glad we are 
moving it forward today. I thank Mr. Wilson, and I reserve the balance 
of my time.
                                         House of Representatives,


                                   Committee on the Judiciary,

                                    Washington, DC, July 12, 2019.
     Hon. Eliot L. Engel,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: This is to advise you that the Committee 
     on the Judiciary has now had an opportunity to review the 
     provisions in H.R. 526, the ``Cambodia Democracy Act of 
     2019'' that fall within our Rule X jurisdiction. I appreciate 
     your consulting with us on those provisions. The Judiciary 
     Committee has no objection to your including them in the bill 
     for consideration on the House floor, and to expedite that 
     consideration is willing to waive sequential referral, with 
     the understanding that we do not thereby waive any future 
     jurisdictional claim over those provisions or their subject 
     matters.
       In the event a House-Senate conference on this or similar 
     legislation is convened, the Judiciary Committee reserves the 
     right to request an appropriate number of conferees to 
     address any concerns with these or similar provisions that 
     may arise in conference.
       Please place this letter into the Congressional Record 
     during consideration of the measure on the House floor. Thank 
     you for the cooperative spirit in which you have worked 
     regarding this matter and others between our committees.
           Sincerely,
                                                   Jerrold Nadler,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                     Washington, DC, July 9, 2019.
     Hon. Jerrold Nadler,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning H.R. 526, 
     the Cambodia Democracy Act of 2019.
       I appreciate your willingness to work cooperatively on this 
     legislation. I recognize that the bill contains provisions 
     that fall within the jurisdiction of the Committee on the 
     Judiciary. I acknowledge that the Committee will not formally 
     consider H.R. 526 and agree that the inaction of your 
     Committee with respect to the bill does not waive any future 
     jurisdictional claim over the matters contained in H.R. 526 
     which fall within your Committee's Rule X jurisdiction.
       I will ensure that our exchange of letters is included in 
     the Congressional Record during floor consideration of the 
     bill. I appreciate your cooperation regarding this 
     legislation and look forward to continuing to work with you 
     as this measure moves through the legislative process.
           Sincerely,
                                                   Eliot L. Engel,
                                                         Chairman.

  Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of the Cambodia Democracy 
Act introduced by the gentleman from Florida (Mr. Yoho), and I would 
note that I happen to be the co-chair of the Congressional Cambodian 
Caucus, along with the gentleman from California, Alan Lowenthal. He 
and I, a Republican and a Democrat, have worked on this particular 
issue for many years now.
  So, I certainly thank the committee for moving forward with this very 
good and helpful piece of legislation.
  The people of Cambodia have been living under the iron-fisted rule of 
Hun Sen, as the chairman mentioned, for, literally, decades. Under his 
reign, he has denied Cambodians almost all of their political rights 
and prevented free and fair elections from taking place.
  In recent years, Hun Sen has resorted to violence and attacked 
peaceful protesters many times. He has undermined any sense of 
democracy by dismantling the country's only viable opposition party.
  The work of NGOs has also been dramatically limited, and critical 
media outlets have been virtually shut down.
  Like many other dictators, he fears the day when he will no longer be 
in power.

                              {time}  1630

  As the beacon of hope and freedom to the rest of the world, a key 
pillar of our foreign policy must be to support the expansion of 
democracy in other countries. That is why I am very, very proud to 
support and cosponsor the Cambodian Democracy Act.
  This bill pushes back on Hun Sen's regime by applying asset-blocking 
sanctions on any government officials or security forces who undermine 
the democratic process or take part in human rights abuses. This 
legislation also codifies visa restrictions for these individuals.
  This is a strong, bipartisan bill that will allow us to show our 
support for the people of Cambodia and their desire for democratic 
governance. Members of both parties should support this important piece 
of legislation. I would fully expect them to do so.
  Mr. Speaker, I would like to thank Congressman Yoho; I want to thank 
Mr. Engel and Mr. McCaul as well, for introducing this bill, and for 
all of their work on behalf of the Cambodian people. I certainly 
appreciate their support on this.
  Supporting democracy abroad is very important, really a critical 
endeavor. The world will be a more peaceful and prosperous place with 
the expansion of free markets and free people.
  I would urge my colleagues to support this bill, and I yield back the 
balance of my time.
  Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume for 
the purpose of closing.
  I want to thank my colleague, Mr. Chabot, for doing this with me. 
Last time I saw him was a few days ago in my home city of New York. We 
were going to meet the president of Taiwan, another Asian country that 
has great freedom.
  Mr. CHABOT. Will the gentleman yield?
  Mr. ENGEL. I yield to the gentleman from Ohio.
  Mr. CHABOT. I thank the gentleman for yielding. I am glad that we 
were there Friday night and not Saturday night. I know you had some 
electrical difficulties in the city the following evening. I am glad we 
weren't there then.

[[Page H5805]]

  

  Mr. ENGEL. Well, I would say to the gentleman, if it happened on the 
other night, I would have invited him to my house for a drink, but we 
will have to do that another time.
  Mr. Speaker, supporting democracy and human rights around the world 
is an area where our values and our interests clearly intersect.
  Basic freedoms: Accountable, transparent governments, respect for 
individual dignity, these are the values we seek to promote around the 
world and the values that underpin a vibrant democracy.
  They are also what makes countries stronger, better and more stable 
partners for the United States on the world stage. That is good for our 
interests and our security as well.
  So we want to keep supporting the people of Cambodia, we want them to 
have a say in the future of their country. That starts by demanding 
accountability for those who have suppressed democracy and basic 
freedoms. This bill is an important step in that process. I am glad to 
support it. I urge all Members to do the same.
  Mr. Speaker, 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. Engel) that the House suspend the rules 
and pass the bill, H.R. 526, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________