[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
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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
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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.
____________________