[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.

                          ____________________