[Congressional Record Volume 167, Number 169 (Tuesday, September 28, 2021)]
[House]
[Pages H5490-H5492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CAMBODIA DEMOCRACY ACT OF 2021
Ms. WILD. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4686) 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. 4686
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
2021''.
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 undemocratically dominated by the ruling Cambodia People's
Party (CPP), which controls every agency and security
apparatus of the state.
(2) The Government of Cambodia has taken several measures,
particularly since 2017 and during the COVID-19 pandemic, to
restrict Cambodia's space for civil society and media
environment, especially through politicized tax
investigations against independent media outlets.
(3) On September 3, 2017, Kem Sokha, the President of the
Cambodia National Rescue Party (CNRP), was arrested on
politically motivated charges and faces up to 30 years in
prison. On November 16, 2017, Cambodia's Supreme Court
dissolved the CNRP, eliminating the primary opposition party.
While Kem Sokha is no longer in prison, his movements are
restricted, he is prohibited from engaging in political
activity, and his charges remain pending. The CNRP's previous
leader, Sam Rainsy, remains in unofficial exile, and has been
prevented from returning to the country.
(4) Since the CNRP's dissolution, the Government of
Cambodia has arrested, imprisoned, or brought politically
motivated charges against CNRP leaders and activists.
Starting in November 2020, the Government of Cambodia has
held a series of mass trials for over 100 individuals
affiliated with the CNRP.
(5) Since 1991, the elections that have taken place in
Cambodia were conducted in circumstances that were not free,
fair, and credible or were marked by fraud, intimidation,
violence, and the government's misuse of legal mechanisms to
weaken opposition candidates and parties.
(6) 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 drop charges against 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, fair, and credible 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 for visas, admission, or parole.--
(A) Visas, admission, or parole.--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) In general.--The foreign person is subject to
revocation of any visa or other entry documentation
regardless of when the visa or other entry documentation is
or was issued.
(ii) Immediate effect.--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
[[Page H5491]]
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 gentlewoman from
Pennsylvania (Ms. Wild) and the gentlewoman from California (Mrs. Kim)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Pennsylvania.
General Leave
Ms. WILD. Madam 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. 4686, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Pennsylvania?
There was no objection.
Ms. WILD. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 4686, Cambodia
Democracy Act of 2021, introduced by Representative Steve Chabot,
ranking member of the Foreign Affairs Subcommittee on Asia, the
Pacific, Central Asia, and Nonproliferation.
The situation in Cambodia has been alarming for several years now. We
have witnessed the widespread suppression of democracy and human rights
in the country, as the Cambodian Government places severe limits on
fundamental freedoms of the press, speech, and association.
In 2017 the president of the opposition party, the Cambodian National
Rescue Party, CNRP, Kem Sokha, was arrested and indefinitely imprisoned
on spurious and politically-motivated charges. Kem's arrest was
followed by a government decision to dissolve the opposition party on
fictitious claims that it was colluding with the United States
Government to overthrow the Cambodian Government. The unprecedented
move crippled the only viable opposition ahead of nationwide elections.
The ruling Cambodian People's Party, under the leadership of Hun Sen,
continues to erode Cambodia's democracy by ordering the arrest and
harassment of hundreds of CNRP leaders, civil society leaders,
prodemocracy activists, and government critics.
We must demonstrate our support to the Cambodian people as they fight
against the growing authoritarianism in their country and struggle for
the restoration of democracy and respect for human rights.
With the passage of this legislation, the House sends a strong,
bipartisan message raising the costs on Cambodian officials who
continue to suppress freedoms and undermine democracy of Cambodia.
Congress must take concrete steps to hold the Cambodian Government
accountable for its backsliding of democracy and human rights and steer
the country back on the path towards free and fair elections.
This is an important measure. I support it, and I urge my colleagues
to do the same.
Madam Speaker, I reserve the balance of my time.
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, September 27, 2021.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: I am writing to you concerning H.R.
4686, the Cambodia Democracy Act. I appreciate your
willingness to work cooperatively on this legislation.
I acknowledge that provisions of the bill fall within the
jurisdiction of the Committee on the Judiciary under House
Rule X, and that your Committee will forgo action on H.R.
4686 to expedite floor consideration. I further acknowledge
that the inaction of your Committee with respect to the bill
does not waive any future jurisdictional claim over the
matters contained in the bill that fall within your
jurisdiction. I also acknowledge that your Committee will be
appropriately consulted and involved as this or similar
legislation moves forward, and will support the appointment
of Committee on the Judiciary conferees during any House-
Senate conference convened on this legislation.
Lastly, I will ensure that our exchange of letters is
included in the Congressional Record during floor
consideration of the bill. Thank you again for your
cooperation regarding the legislation. I look forward to
continuing to work with you as the measure moves through the
legislative process.
Sincerely,
Gregory W. Meeks,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, September 27, 2021.
Hon. John Yarmuth,
Chairman, Committee on the Budget,
House of Representatives, Washington, DC.
Dear Chairman Yarmuth: I am writing to you concerning H.R.
4686, the Cambodia Democracy Act. I appreciate your
willingness to work cooperatively on this legislation.
I acknowledge that provisions of the bill fall within the
jurisdiction of the Committee on Budget under House Rule X,
and that your Committee will forgo action on H.R. 4686 to
expedite floor consideration. I further acknowledge that the
inaction of your Committee with respect to the bill does not
waive any future jurisdictional claim over the matters
contained in the bill that fall within your jurisdiction. I
also acknowledge that your Committee will be appropriately
consulted and involved as this or similar legislation moves
forward, and will support the appointment of Committee on the
Budget conferees during any House-Senate conference convened
on this legislation.
Lastly, I will ensure that our exchange of letters is
included in the Congressional Record during floor
consideration of the bill. Thank you again for your
cooperation regarding the legislation. I look forward to
continuing to work with you as the measure moves through the
legislative process.
Sincerely,
Gregory W. Meeks,
Chairman.
Mrs. KIM of California. Madam Speaker, I yield myself such time as I
may consume, and I rise today in strong support of the Cambodia
Democracy Act, which was introduced by the gentleman from Ohio (Mr.
Chabot).
As a cosponsor and as an advocate for the Cambodian community in
southern California, I am especially proud to speak on this measure
today.
The people of Cambodia have been living under the iron-fisted rule of
Hun Sen for 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. He has undermined Cambodia's
democracy by dismantling the country's only viable opposition party.
The work of NGOs has also been limited, and critical media outlets
have been shut down. Like many other dictators, he fears the day when
he will no longer be in power.
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.
The Cambodia Democracy Act will help push back on Hun Sen's regime by
applying asset blocking and visa sanctions on any government officials
or security forces who have undermined the democratic process or
committed human rights abuses.
The strong bipartisan bill has passed the House in successive
Congresses and is a touchstone of congressional support for the people
of Cambodia and their desire to democratic governance.
Members of both parties have long supported this important piece of
legislation, and I urge my colleagues to continue that support.
Madam Speaker, I reserve the balance of my time.
Ms. WILD. Madam Speaker, I continue to reserve the balance of my
time.
Mrs. KIM of California. Madam Speaker, I yield 3 minutes to the
gentleman from Ohio (Mr. Chabot), who is the ranking member of the
Foreign Affairs Subcommittee on Asia, the Pacific, Central Asia, and
Nonproliferation, and the author of this bill.
Mr. CHABOT. Madam Speaker, I want to thank the gentlewoman from
California for her unyielding commitment to freedom and democracy
across the globe. She has been a tremendous addition to this House of
Representatives.
I rise today in support of H.R. 4686, the Cambodia Democracy Act.
This is bipartisan legislation that I introduced, along with my
Democratic colleague, Alan Lowenthal. He and I are co-chairs of the
Cambodia Caucus, and we were pleased to champion this legislation. I
want to note that our colleague, Ted Yoho, from Florida originally
introduced this a few years back, but of course he has since retired
from this great institution.
This legislation is a response to Prime Minister Hun Sen's ongoing
[[Page H5492]]
crackdown on his political opponents, which began in the runup to the
Cambodian elections back in 2018. He arrested Kem Sokha, the leader of
the Cambodia National Rescue Party, on bogus charges, and then
proceeded to ban the whole party, and then persecute other leaders of
that party. Hun Sen also shut down NGOs and independent media,
including the National Democratic Institute and Radio Free Asia.
Unfortunately, four years later this crackdown hasn't let up. Hun Sen
has kept the bogus charges hanging over Kem Sokha's head and prohibited
him from participating in any political activity. He has also continued
to target opposition politicians as well as civil society activists and
journalists. In fact, starting last November, mass trials were held
against opposition party members.
As a result, next year's commune elections will not have viable
opposition party representation, which means that once again Cambodia's
elections will be neither free nor fair.
Sadly, this latest crackdown is nothing new. Hun Sen has ruled
Cambodia since 1985, 36 years, making him the longest-serving head of
state in Southeast Asia.
To date, Hun Sen hasn't really faced any stiff consequences for this
behavior from the United States, and that is embarrassing. That is why
the Cambodia Democracy Act imposes sanctions on those who participated
in Hun Sen's illegal, arbitrary attempt to smother democracy.
By targeting those directly responsible and holding them accountable,
it is our hope that we can get Hun Sen and his cronies to realize that
the only path forward for that country is to allow free and fair
elections. We must not forget that the principal victims of Hun Sen's
repression are the Cambodian people themselves.
Next month we celebrate the 30th anniversary of the Paris Peace
Accords, which clearly promises them democracy. So I would urge all my
colleagues to help make good on the pledge made in the Paris Accords a
long time ago by joining me to support this legislation and help put
Cambodia back on the path to democracy.
I once again want to thank the gentlewoman from California (Mrs. Kim)
for her leadership in this effort.
Ms. WILD. Madam Speaker, I have no speakers, and I continue to
reserve the balance of my time.
Mrs. KIM of California. Madam Speaker, in closing, I would like to
thank Congressman Chabot for introducing this bill and for all of his
work on behalf of the Cambodian people.
I would also like to thank Congressman Bera for supporting this bill
as the lead Democrat sponsor.
Helping restore Cambodia's democracy is in line with the American
values that we all share. It is also a good national security strategy,
as holding Hun Sen's regime accountable will pressure him to stop
serving as a willing puppet of the Chinese Communist Party.
Madam Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
Ms. WILD. Madam Speaker, I yield myself such time as I may consume
for the purpose of closing.
For many years now, Cambodians have struggled under an increasingly
authoritarian and undemocratic regime. H.R. 4686, introduced by my
colleague Representative Steve Chabot, would direct the President to
impose sanctions on Cambodian officials who are responsible for acts
that undermine democracy in Cambodia.
This bill sends a strong and unequivocal message that the United
States stands firmly with the Cambodian people in their struggle for
democracy and human rights. I urge my colleagues to support this
legislation.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Pennsylvania (Ms. Wild) that the House suspend the
rules and pass the bill, H.R. 4686, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. DAVIDSON. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________