[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5337-S5340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5872. Mr. MARKEY (for himself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Cambodia Democracy and Human Rights
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Cambodia Democracy and
Human Rights Act of 2022''.
SEC. 1282. FINDINGS.
Congress finds the following:
(1) On October 23, 1991, Cambodia and 18 other countries
signed the Comprehensive Cambodian Peace Agreement (commonly
referred to as the ``Paris Peace Agreements''), which
committed Cambodia to a democratic system of governance
protected by a constitution and free and fair elections and
stated that the people of Cambodia ``shall enjoy the rights
and freedoms embodied in the Universal Declaration of Human
Rights and other relevant international human rights
instruments''.
(2) Prime Minister Hun Sen has been in power in Cambodia
since 1984 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 Cambodian
People's Party.
(3) In 2015, the Cambodian People's Party-controlled
National Assembly adopted the Law on Associations and Non-
Governmental Organizations, which gave the Government of
Cambodia sweeping powers to revoke the registration of
nongovernmental organizations in the name of ``national
unity'', and which the government has used to restrict the
legitimate work of civil society.
(4) On August 23, 2017, Cambodia's Ministry of Foreign
Affairs ordered the closure of the National Democratic
Institute office in Cambodia 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
approximately 500 United States volunteers providing English
language and healthcare training.
(5) 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 Cambodia 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.
(6) Cambodia's small number of independent trade unions and
workers have the right to strike, but many face retribution
for doing so, according to Freedom House.
(7) Each of the 6 elections that have taken place in
Cambodia since 1991 was conducted in circumstances that were
not free and fair, and were marked, to varying degrees, by
fraud, intimidation, violence, and the misuse by the
Government of Cambodia of legal mechanisms to weaken
opposition candidates and parties. The 2017 local elections
were marked by fewer reported irregularities, however, which
helped the opposition Cambodia National Rescue Party (in this
section referred to as the ``CNRP''). Hun Sen responded to
those improvements in elections, resulting in part from
international assistance and observers, by banning the CNRP,
the primary opposition party, on November 16, 2017.
(8) On September 3, 2017, Kem Sokha, the President of the
CNRP, was arrested on politically motivated charges,
including treason and conspiring to overthrow the Government
of Cambodia. While he was released on bail, he faces up to 30
years in prison.
[[Page S5338]]
(9) In the most recent general election in July 2018,
following the dissolution of the CNRP, the Cambodian People's
Party secured every parliamentary seat, an electoral victory
that the White House Press Secretary stated was ``neither
free nor fair and failed to represent the will of the
Cambodian people''.
(10) The widespread crackdown by the Government of Cambodia
on the political opposition and other independent voices has
caused many CNRP leaders to flee abroad. On March 12, 2019, a
court criminally charged and issued arrest warrants for 8
leading members of the CNRP, including former CNRP leader Sam
Rainsy, who had left Cambodia ahead of the July 2018
election, as well as Mu Sochua, Ou Chanrith, Eng Chhai Eang,
Men Sothavarin, Long Ry, Tob Van Chan, and Ho Vann.
(11) The Government of Cambodia has arrested many
opposition party members and democracy activists who remained
in Cambodia. More than 80 opposition party supporters and
activists were arrested in 2019 and were released on bail
with charges still pending and could face re-arrest any time.
(12) In November 2019, Sam Rainsy made a failed attempt to
return to Cambodia to partake in mass pro-democracy protests.
Approximately 150 CNRP activists were put on trial in 2020
and 2021 for treason for calling for his return.
(13) In March 2021, a Cambodian court convicted and
sentenced Sam Rainsy in absentia to 25 years in prison and 8
other opposition figures living in exile, including Rainsy's
wife Tioulong Saumura, as well as Mu Sochua, Eng Chhay Eang,
Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth
Romduol, to between 20 and 22 years.
(14) On June 14, 2022, the Government of Cambodia convicted
51 opposition politicians and activists in a mass trial, many
of whom were convicted in abstentia on charges of
``incitement'' and ``conspiracy'' for supporting the
development of democracy in Cambodia. Sentences ranged from
5-year suspended jail terms to 8 years in prison and serve to
further intimidate potential political opponents of the
regime of Prime Minister Hun Sen.
(15) Prime Minister Hun Sen has used the coronavirus
disease 2019 (commonly known as ``COVID-19'') pandemic as
justification to further consolidate power and the Cambodia
People's Party-controlled National Assembly passed new laws
to further curtail the rights to freedom of expression,
peaceful assembly, and association.
(16) According to Human Rights Watch, under the guise of
the pandemic, authorities--
(A) banned protests organized by youth and environmental
activists;
(B) detained and interrogated at least 30 people for
Facebook posts related to the pandemic; and
(C) charged one journalist for pandemic-related reporting.
(17) According to Freedom House, Hun Sen uses the police
and armed forces as instruments of repression. The military
has stood firmly behind Hun Sen and his crackdown on
opposition groups and Hun Sen has built a personal bodyguard
unit in the armed forces that he reportedly uses to harass
and abuse Cambodian People's Party opponents.
(18) In August 2020, 14 youth and environmental activists
were detained by Cambodian authorities. In May 2021, 3
environmental activists were convicted on charges of
``incitement to commit a felony or disturb social order'',
related to peaceful protests against authorities. In June
2021, a Cambodian court charged 3 environmental activists
with ``plotting against the government and insulting the
king''. The 2020 Country Reports on Human Rights Practices of
the Department of State reported ``at least 40 political
prisoners or detainees'' in Cambodia.
(19) Beginning in December 2021, the Government of Cambodia
has restricted the labor rights of workers protesting working
conditions and illegal dismissals at the NagaWorld Casino,
including using the COVID-19 pandemic as an excuse to limit
the ability of workers to protest. In February 2022,
officials of the Government of Cambodia arrested 6 workers of
the casino after leaving a COVID-19 testing center, claiming
that they had obstructed testing.
(20) In 2019, the Wall Street Journal reported that
Cambodia had signed a deal with the Government of the
People's Republic of China to allow that Government access to
and use of the Ream Naval Base on the Gulf of Thailand, even
though the Constitution of Cambodia prohibits the
establishment of foreign military bases.
(21) In 2019, the New York Times reported that a company
described by the Department of the Treasury as being a state-
owned company of the People's Republic of China had secured a
99-year lease to build an airport capable of supporting
military aircraft at Dara Sakor, raising concerns that
Beijing intends to use this dual-use facility for its
military, despite the prohibition against the establishment
of foreign military bases in the Constitution of Cambodia.
(22) In section 401 of the Asia Reassurance Initiative Act
of 2018 (Public Law 115-409; 132 Stat. 5407), Congress
expressed serious concerns with the rule of law and civil
liberties in Cambodia and made the finding that the promotion
of human rights and respect for democratic values in the
Indo-Pacific region is in the United States national security
interest.
(23) The 2020 Country Reports on Human Rights Practices of
the Department of State stated, of Cambodia, ``Corruption was
endemic throughout society and government. There were reports
police, prosecutors, investigating judges, and presiding
judges took bribes from owners of both legal and illegal
businesses. Citizens frequently and publicly complained about
corruption. Meager salaries contributed to `survival
corruption' among low-level public servants, while a culture
of impunity enabled corruption to flourish among senior
officials.''.
(24) Section 7043(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022
(division K of Public Law 117-103; 136 Stat. 645) restricts
assistance to the Government of Cambodia until ``the
Secretary of State certifies and reports to the Committees on
Appropriations that such Government is taking effective steps
to--
``(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions with
respect to North Korea;
``(ii) assert its sovereignty against interference by the
People's Republic of China, including by verifiably
maintaining the neutrality of Ream Naval Base, other military
installations in Cambodia, and dual use facilities such as
the Dara Sakor development project;
``(iii) cease violence, threats, and harassment against
civil society and the political opposition in Cambodia, and
dismiss any politically motivated criminal charges against
critics of the government; and
``(iv) respect the rights, freedoms, and responsibilities
enshrined in the Constitution of the Kingdom of Cambodia as
enacted in 1993.''.
(25) Section 201(f) of the Asia Reassurance Initiative Act
of 2018 (Public Law 115-409; 132 Stat. 5392) restricts
assistance to Cambodia until the Government of Cambodia takes
effective steps to--
(A) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions with
respect to North Korea; and
(B) respect the rights and responsibilities enshrined in
the Constitution of the Kingdom of Cambodia as enacted in
1993, including through the--
(i) restoration of the civil and political rights of the
opposition Cambodia National Rescue Party, media, and civil
society organizations;
(ii) restoration of all elected officials to their elected
offices; and
(iii) release of all political prisoners, including
journalists, civil society activists, and members of the
opposition political party.
(26) On December 9, 2019, the Department of the Treasury
imposed sanctions under the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.) with respect to
certain corrupt Cambodian actors and their networks.
(27) In February 2019, the European Union began intense
scrutiny of Cambodia's eligibility to for preferential trade
access in light of the deterioration of democracy, the rule
of law, and the protection of human rights in Cambodia. In
February 2020, the European Union, Cambodia's largest export
market, partially suspended trade preferences for Cambodia
under its ``Everything but Arms'' trade program, in response
to Cambodia's violations of civil and political rights.
(28) In 2021, the Joint Vietnamese Friendship building, a
facility built by the Government of Vietnam, was relocated
off the Ream Naval Base, reportedly to avert conflicts with
military personnel of the People's Republic of China.
(29) In 2022, the governments of the People's Republic of
China and Cambodia held a groundbreaking ceremony for a new
upgrade to the Ream Naval Base, which, according to the
Washington Post, would allow the People's Liberation Army to
have ``exclusive use of the northern portion of the base,
while their presence would remain concealed''.
(30) On June 8, 2022, in the groundbreaking ceremony for
constructing new facilities of the Ream Naval Base, the
Ambassador of the People's Republic of China to Cambodia,
Wang Wentian, declared that the base would be a monument to
``the ironclad friendship and cooperation between the two
militaries'' of the People's Republic of China and Cambodia.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States is committed to promoting democracy,
human rights, and the rule of law in Cambodia, as laid out in
the 1991 Paris Peace Agreements;
(2) the United States Government, through diplomacy and
assistance, should urge the Government of Cambodia to--
(A) release all political prisoners;
(B) drop all politically motivated charges and vacate
convictions against members of the Cambodia National Rescue
Party, journalists, and civil society activists; and
(C) restore full political rights to the Cambodia National
Rescue Party and other political parties;
(3) the United States Government should urge the Government
of Cambodia--
(A) to reverse the policies and actions that have resulted
in the dismantling of democracy, the blatant disregard of
fundamental human rights, and the breakdown of rule of law in
Cambodia;
[[Page S5339]]
(B) to immediately discontinue the imprisonment and
judicial harassment of journalists, political dissidents, and
activists, and drop politically motivated charges;
(C) to stop arrests and intimidation of civil society
members, including human rights activists, environmental
defenders, and labor leaders, and promote a flourishing civil
society that supports the political and economic development
of Cambodia;
(D) to halt the threat of mass arrests and violence if and
when Cambodia National Rescue Party members currently
overseas return to Cambodia;
(E) to reinstate the political status of the Cambodia
National Rescue Party and other opposition parties, restore
the Cambodia National Rescue Party's elected seats in the
National Assembly, and support electoral reform efforts in
Cambodia with free and fair elections monitored by
international observers;
(F) to ensure that media outlets are able to operate freely
and without interference, including having the ability to
apply for and receive licenses to operate within Cambodia;
(G) to consider how allowing the People's Liberation Army
to conduct activities, gain access, or establish a presence
in Cambodia would harm Cambodia's relationships with its
neighbors, partners, and allies, and could violate the
Constitution of Cambodia; and
(H) to cease providing support to authoritarian regimes and
undermining democratic activists in the region, especially
through its ties to the Burmese military that seized power in
a coup d'etat on February 1, 2021, and instead play a
constructive role in multilateral organizations like the
Association of Southeast Asian Nations to promote peace and
democracy in the region;
(4) Prime Minister Hun Sen is directly responsible, and
should be held accountable, for the safety, health, and
welfare of exiled Cambodia National Rescue Party leaders and
their supporters upon their return to Cambodia;
(5) other governments throughout the Indo-Pacific region
should--
(A) urge the Government of Cambodia to allow the peaceful
return of exiled Cambodia National Rescue Party leaders and
their supporters;
(B) refrain from illegally restricting the rights of
Cambodia National Rescue Party members to travel to and
through their countries as they return; and
(C) press the Government of Cambodia not to allow the
People's Liberation Army to use Cambodia's military
facilities or establish a presence within Cambodia;
(6) in the absence of systemic democratic reforms on the
part of the Government of Cambodia, there is need for
additional measures by the United States Government,
including through the enactment of legislation and executive
action; and
(7) the presence of the People's Liberation Army will
further enable Prime Minister Hun Sen's authoritarian
crackdown, including oppression of opposition parties,
independent civil society, and free media in Cambodia.
SEC. 1284. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN
CAMBODIA.
(a) Identification 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 submit to the
appropriate congressional committees a list of--
(A) any current or former official of the Government of
Cambodia or the military or security forces of Cambodian, or
any other foreign person, that the President determines
knowingly--
(i) directly and substantially undermines democracy in
Cambodia;
(ii) engages in or is responsible for serious human rights
abuses;
(iii) engages in or is responsible for significant
corruption associated with undermining democracy in Cambodia;
or
(iv) engages in or supports the establishment of
installations or facilities that could be used by the
People's Liberation Army or entities tied to the People's
Liberation Army in Cambodia, which could include persons
identified under paragraph (1) of section 1285(a) in the
report required by that section;
(B) any person that the President determines is acting for
or on behalf of a person described in subparagraph (A)
related to conduct described in that subparagraph; and
(C) any person that the President determines is owned or
controlled by a person described in subparagraph (A) and is
involved in conduct described in that subparagraph.
(2) Updates.--The President shall submit to the appropriate
congressional committees updated lists under paragraph (1) as
new information becomes available.
(b) Imposition of Sanctions.--The President shall impose
the following sanctions with respect to each foreign person
on the list required by subsection (a):
(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.)
(except that the requirements of section 202 of such Act (50
U.S.C. 1701) shall not apply) to the extent necessary to
block and prohibit all transactions in property and interests
in property of the person 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) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
individual, that individual 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.--
(i) In general.--The visa or other entry documentation of
the individual shall be revoked in accordance with section
221(i) of the Immigration and Nationality Act (8 U.S.C.
1201(i)), regardless of when such 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 individual's possession.
(c) Implementation; Penalties.--
(1) 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.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(1) or any regulation, license, or order issued
to carry out that subsection shall be subject to the
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(d) Exceptions.--
(1) Exception for intelligence and law enforcement
activities.--Sanctions under this section shall not apply
with respect to--
(A) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.); or
(B) any authorized intelligence or law enforcement
activities of the United States.
(2) Exception to comply with international obligations.--
Sanctions under subsection (b)(2) shall not apply with
respect to the admission or parole of an individual if
admitting or paroling the individual 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) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements to impose
sanctions authorized under subsection (b)(1) shall not
include the authority or requirement to impose sanctions on
the importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(e) Waiver.--The President may waive the application of
sanctions under subsection (b) with respect to a foreign
person on the list required by subsection (a) if the
President determines and certifies to the appropriate
congressional committees that such a waiver is in the
national interest of the United States.
(f) Suspension of Sanctions.--
(1) Suspension.--The requirement to impose sanctions under
this section may be suspended for an initial period of not
more than one year if the President determines and certifies
to the appropriate congressional committees that Cambodia is
making meaningful progress toward the following:
(A) Ending government efforts to undermine democracy.
(B) Ending human rights violations associated with
undermining democracy.
(C) Releasing all political prisoners.
(D) Dropping all politically motivated charges and vacating
convictions from any such charges against members of the
Cambodia National Rescue Party, journalists, and civil
society activists.
(E) Conducting free and fair elections that allow for the
active participation of credible opposition candidates.
(2) Renewal of suspension.--The suspension of sanctions
under paragraph (1) may be renewed for additional,
consecutive one-year periods if the President determines and
certifies to the appropriate congressional committees that
Cambodia continued to make meaningful progress toward
satisfying the conditions described in that paragraph during
the year preceding the certification.
(g) Sunset.--This section shall terminate on the date that
is 5 years after the date of the enactment of this Act.
SEC. 1285. REPORT ON ACTIVITY OF THE PEOPLE'S LIBERATION ARMY
AND GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA IN CAMBODIA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
committees specified in subsection (c) a report assessing--
(1) the involvement of the Government of the People's
Republic of China or the People's Liberation Army in
upgrading existing facilities or constructing new facilities
at Ream Naval Base and Dara Sakor Airport in Cambodia;
[[Page S5340]]
(2) any actual or projected benefits, including any
enhancement of the power projection capabilities of the
People's Liberation Army, that the Government of the People's
Republic of China or the People's Liberation Army may accrue
as a result of such upgrades or construction;
(3) the impact that the presence of the People's Liberation
Army in Cambodia may have on the interests, allies, and
partners of the United States in the region;
(4) any efforts undertaken by the United States Government
to convey to the Government of Cambodia the concerns relating
to the presence of the People's Liberation Army and the
Government of the People's Republic of China in Cambodia and
the impact that presence could have on security in the South
China Sea and the Indo-Pacific region more broadly and on
adherence to the Constitution of Cambodia;
(5) the impact the presence of the People's Liberation Army
in Cambodia, as well as closer government-to-government ties
between Cambodia and the Government of the People's Republic
of China, including through investments under the Belt and
Road Initiative, has had on the deterioration of democracy
and human rights inside Cambodia; and
(6) any other ongoing activities by the People's Liberation
Army or any other security services of the Government of the
People's Republic of China in Cambodia.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.
(c) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1286. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to limit the
authority of the President to designate persons for the
imposition of sanctions pursuant to an Executive order issued
under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) or otherwise pursuant to that Act.
SEC. 1287. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) People's liberation army.--The term ``People's
Liberation Army'' means the armed forces of the People's
Republic of China.
(5) Person.--The term ``person'' means an individual or
entity.
(6) 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;
(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; or
(C) any person in the United States.
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