[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[House]
[Pages 17894-17900]
[From the U.S. Government Publishing Office, www.gpo.gov]




               BURMESE FREEDOM AND DEMOCRACY ACT OF 2003

  Mr. LEACH. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2330) to sanction the ruling Burmese military junta, to 
strengthen Burma's democratic forces and support and recognize the 
National League of Democracy as the legitimate representative of the 
Burmese people, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 2330

       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 ``Burmese Freedom and 
     Democracy Act of 2003''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The State Peace and Development Council (SPDC) has 
     failed to transfer power to the National League for Democracy 
     (NLD) whose parliamentarians won an overwhelming victory in 
     the 1990 elections in Burma.

[[Page 17895]]

       (2) The SPDC has failed to enter into meaningful, political 
     dialogue with the NLD and ethnic minorities and has dismissed 
     the efforts of United Nations Special Envoy Razali bin Ismail 
     to further such dialogue.
       (3) According to the State Department's ``Report to the 
     Congress Regarding Conditions in Burma and U.S. Policy Toward 
     Burma'' dated March 28, 2003, the SPDC has become ``more 
     confrontational'' in its exchanges with the NLD.
       (4) On May 30, 2003, the SPDC, threatened by continued 
     support for the NLD throughout Burma, brutally attacked NLD 
     supporters, killed and injured scores of civilians, and 
     arrested democracy advocate Aung San Suu Kyi and other 
     activists.
       (5) The SPDC continues egregious human rights violations 
     against Burmese citizens, uses rape as a weapon of 
     intimidation and torture against women, and forcibly 
     conscripts child-soldiers for the use in fighting indigenous 
     ethnic groups.
       (6) The SPDC is engaged in ethnic cleansing against 
     minorities within Burma, including the Karen, Karenni, and 
     Shan people, which constitutes a crime against humanity and 
     has directly led to more than 600,000 internally displaced 
     people living within Burma and more than 130,000 people from 
     Burma living in refugee camps along the Thai-Burma border.
       (7) The ethnic cleansing campaign of the SPDC is in sharp 
     contrast to the traditional peaceful coexistence in Burma of 
     Buddhists, Muslims, Christians, and people of traditional 
     beliefs.
       (8) The SPDC has demonstrably failed to cooperate with the 
     United States in stopping the flood of heroin and 
     methamphetamines being grown, refined, manufactured, and 
     transported in areas under the control of the SPDC serving to 
     flood the region and much of the world with these illicit 
     drugs.
       (9) The SPDC provides safety, security, and engages in 
     business dealings with narcotics traffickers under indictment 
     by United States authorities, and other producers and 
     traffickers of narcotics.
       (10) The International Labor Organization (ILO), for the 
     first time in its 82-year history, adopted in 2000, a 
     resolution recommending that governments, employers, and 
     workers organizations take appropriate measures to ensure 
     that their relations with the SPDC do not abet the 
     government-sponsored system of forced, compulsory, or slave 
     labor in Burma, and that other international bodies 
     reconsider any cooperation they may be engaged in with Burma 
     and, if appropriate, cease as soon as possible any activity 
     that could abet the practice of forced, compulsory, or slave 
     labor.
       (11) The SPDC has integrated the Burmese military and its 
     surrogates into all facets of the economy effectively 
     destroying any free enterprise system.
       (12) Investment in Burmese companies and purchases from 
     them serve to provide the SPDC with currency that is used to 
     finance its instruments of terror and repression against the 
     Burmese people.
       (13) On April 15, 2003, the American Apparel and Footwear 
     Association expressed its ``strong support for a full and 
     immediate ban on U.S. textiles, apparel and footwear imports 
     from Burma'' and called upon the United States Government to 
     ``impose an outright ban on U.S. imports'' of these items 
     until Burma demonstrates respect for basic human and labor 
     rights of its citizens.
       (14) The policy of the United States, as articulated by the 
     President on April 24, 2003, is to officially recognize the 
     NLD as the legitimate representative of the Burmese people as 
     determined by the 1990 election.
       (15) The United States must work closely with other 
     nations, including Thailand, a close ally of the United 
     States, to highlight attention to the SPDC's systematic 
     abuses of human rights in Burma, to ensure that 
     nongovernmental organizations promoting human rights and 
     political freedom in Burma are allowed to operate freely and 
     without harassment, and to craft a multilateral sanctions 
     regime against Burma in order to pressure the SPDC to meet 
     the conditions identified in section 3(a)(3) of this Act.

     SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME 
                   OF BURMA.

       (a) General Ban.--
       (1) In general.--Notwithstanding any other provision of 
     law, until such time as the President determines and 
     certifies to Congress that Burma has met the conditions 
     described in paragraph (3), beginning 30 days after the date 
     of the enactment of this Act, the President shall ban the 
     importation of any article that is a product of Burma.
       (2) Ban on imports from certain companies.--The import 
     restrictions contained in paragraph (1) shall apply to, among 
     other entities--
       (A) the SPDC, any ministry of the SPDC, a member of the 
     SPDC or an immediate family member of such member;
       (B) known narcotics traffickers from Burma or an immediate 
     family member of such narcotics trafficker;
       (C) the Union of Myanmar Economics Holdings Incorporated 
     (UMEHI) or any company in which the UMEHI has a fiduciary 
     interest;
       (D) the Myanmar Economic Corporation (MEC) or any company 
     in which the MEC has a fiduciary interest;
       (E) the Union Solidarity and Development Association 
     (USDA); and
       (F) any successor entity for the SPDC, UMEHI, MEC, or USDA.
       (3) Conditions described.--The conditions described in this 
     paragraph are the following:
       (A) The SPDC has made substantial and measurable progress 
     to end violations of internationally recognized human rights 
     including rape, and the Secretary of State, after 
     consultation with the ILO Secretary General and relevant 
     nongovernmental organizations, reports to the appropriate 
     congressional committees that the SPDC no longer 
     systematically violates workers rights, including the use of 
     forced and child labor, and conscription of child-soldiers.
       (B) The SPDC has made measurable and substantial progress 
     toward implementing a democratic government including--
       (i) releasing all political prisoners;
       (ii) allowing freedom of speech and the press;
       (iii) allowing freedom of association;
       (iv) permitting the peaceful exercise of religion; and
       (v) bringing to a conclusion an agreement between the SPDC 
     and the democratic forces led by the NLD and Burma's ethnic 
     nationalities on the transfer of power to a civilian 
     government accountable to the Burmese people through 
     democratic elections under the rule of law.
       (C) Pursuant to section 706(2) of the Foreign Relations 
     Authorization Act, Fiscal Year 2003 (Public Law 107-228), 
     Burma has not been designated as a country that has failed 
     demonstrably to make substantial efforts to adhere to its 
     obligations under international counternarcotics agreements 
     and to take other effective counternarcotics measures, 
     including, but not limited to (i) the arrest and extradition 
     of all individuals under indictment in the United States for 
     narcotics trafficking, (ii) concrete and measurable actions 
     to stem the flow of illicit drug money into Burma's banking 
     system and economic enterprises, and (iii) actions to stop 
     the manufacture and export of methamphetamines.
       (4) Appropriate congressional committees.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means the Committees on Foreign Relations and Appropriations 
     of the Senate and the Committees on International Relations 
     and Appropriations of the House of Representatives.
       (b) Waiver Authorities.--The President may waive the 
     prohibitions described in this section for any or all 
     articles that are a product of Burma if the President 
     determines and notifies the Committees on Appropriations, 
     Finance, and Foreign Relations of the Senate and the 
     Committees on Appropriations, International Relations, and 
     Ways and Means of the House of Representatives that to do so 
     is in the national interest of the United States.

     SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED 
                   STATES.

       (a) Reporting Requirement.--Not later than 60 days after 
     the date of enactment of this Act, the President shall take 
     such action as is necessary to direct, and promulgate 
     regulations to the same, that any United States financial 
     institution holding funds belonging to the SPDC or the assets 
     of those individuals who hold senior positions in the SPDC or 
     its political arm, the Union Solidarity Development 
     Association, shall promptly report those funds or assets to 
     the Office of Foreign Assets Control.
       (b) Additional Authority.--The President may take such 
     action as may be necessary to impose a sanctions regime to 
     freeze such funds or assets, subject to such terms and 
     conditions as the President determines to be appropriate.
       (c) Delegation.--The President may delegate the duties and 
     authorities under this section to such Federal officers or 
     other officials as the President deems appropriate.

     SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.

       The Secretary of the Treasury shall instruct the United 
     States executive director to each appropriate international 
     financial institution in which the United States 
     participates, to oppose, and vote against the extension by 
     such institution of any loan or financial or technical 
     assistance to Burma until such time as the conditions 
     described in section 3(a)(3) are met.

     SEC. 6. EXPANSION OF VISA BAN.

       (a) In General.--
       (1) Visa ban.--The President is authorized to deny visas 
     and entry to the former and present leadership of the SPDC or 
     the Union Solidarity Development Association.
       (2) Updates.--The Secretary of State shall coordinate on a 
     biannual basis with representatives of the European Union to 
     allow officials of the United States and the European Union 
     to ensure a high degree of coordination of lists of 
     individuals banned from obtaining a visa by the European 
     Union for the reason described in paragraph (1) and those 
     banned from receiving a visa from the United States.
       (b) Publication.--The Secretary of State shall post on the 
     Department of State's website the names of individuals whose 
     entry into the United States is banned under subsection (a).

[[Page 17896]]



     SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF 
                   INFORMATION.

       Congress encourages the Secretary of State to highlight the 
     abysmal record of the SPDC to the international community and 
     use all appropriate fora, including the Association of 
     Southeast Asian Nations Regional Forum and Asian Nations 
     Regional Forum, to encourage other states to restrict 
     financial resources to the SPDC and Burmese companies while 
     offering political recognition and support to Burma's 
     democratic movement including the National League for 
     Democracy and Burma's ethnic groups.

     SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.

       (a) In General.--The President is authorized to use all 
     available resources to assist Burmese democracy activists 
     dedicated to nonviolent opposition to the regime in their 
     efforts to promote freedom, democracy, and human rights in 
     Burma, including a listing of constraints on such 
     programming.
       (b) Reports.--
       (1) First report.--Not later than 3 months after the date 
     of enactment of this Act, the Secretary of State shall 
     provide the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and International Relations of the House of Representatives a 
     comprehensive report on its short- and long-term programs and 
     activities to support democracy activists in Burma, including 
     a list of constraints on such programming.
       (2) Report on resources.--Not later than 6 months after the 
     date of enactment of this Act, the Secretary of State shall 
     provide the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and International Relations of the House of Representatives a 
     report identifying resources that will be necessary for the 
     reconstruction of Burma, after the SPDC is removed from 
     power, including--
       (A) the formation of democratic institutions;
       (B) establishing the rule of law;
       (C) establishing freedom of the press;
       (D) providing for the successful reintegration of military 
     officers and personnel into Burmese society; and
       (E) providing health, educational, and economic 
     development.
       (3) Report on trade sanctions.--Not later than 90 days 
     before the date on which the import restrictions contained in 
     section 3(a)(1) are to expire, the Secretary of State, in 
     consultation with the United States Trade Representative and 
     the heads of appropriate agencies, shall submit to the 
     Committees on Appropriations, Finance, and Foreign Relations 
     of the Senate, and the Committees on Appropriations, 
     International Relations, and Ways and Means of the House of 
     Representatives, a report on--
       (A) bilateral and multilateral measures undertaken by the 
     United States Government and other governments to promote 
     human rights and democracy in Burma;
       (B) the extent to which actions related to trade with Burma 
     taken pursuant to this Act have been effective in--
       (i) improving conditions in Burma, including human rights 
     violations, arrest and detention of democracy activists, 
     forced and child labor, and the status of dialogue between 
     the SPDC and the NLD and ethnic minorities;
       (ii) furthering the policy objections of the United States 
     toward Burma; and,
       (C) the impact of actions relating to trade take pursuant 
     to this Act on other national security, economic, and foreign 
     policy interests of the United States, including relations 
     with countries friendly to the United States.

     SEC. 9. DURATION OF SANCTIONS.

       (a) Termination by Request From Democratic Burma.--The 
     President may terminate any provision in this Act upon the 
     request of a democratically elected government in Burma, 
     provided that all the conditions in section 3(a)(3) have been 
     met.
       (b) Continuation of Import Sanctions.--
       (1) Expiration.--The import restrictions contained in 
     section 3(a)(1) shall expire 1 year from the date of 
     enactment of this Act unless renewed under paragraph (2) of 
     this section.
       (2) Resolution by congress.--The import restrictions 
     contained in section 3(a)(1) may be renewed annually for a 1-
     year period if, prior to the anniversary of the date of 
     enactment of this Act, and each year thereafter, a renewal 
     resolution is enacted into law in accordance with subsection 
     (c).
       (3) Limitation.--The import restrictions contained in 
     section 3(a)(1) may be renewed for a maximum of three years 
     from the date of the enactment of this Act.
       (c) Renewal Resolutions.--
       (1) In general.--For purposes of this section, the term 
     ``renewal resolution'' means a joint resolution of the 2 
     Houses of Congress, the sole matter after the resolving 
     clause of which is as follows: ``That Congress approves the 
     renewal of the import restrictions contained in section 
     3(a)(1) of the Burmese Freedom and Democracy Act of 2003.''
       (2) Procedures.--
       (A) In general.--A renewal resolution--
       (i) may be introduced in either House of Congress by any 
     member of such House at any time within the 90-day period 
     before the expiration of the import restrictions contained in 
     section 3(a)(1); and
       (ii) the provisions of subparagraph (B) shall apply.
       (B) Expedited consideration.--The provisions of section 
     152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 
     U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal 
     resolution under this Act as if such resolution were a 
     resolution described in section 152(a) of the Trade Act of 
     1974.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Iowa (Mr. Leach) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Iowa (Mr. Leach).


                             General Leave

  Mr. LEACH. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous matter on H.R. 2330.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Iowa?
  There was no objection.
  Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to join with my colleagues on the committee, 
particularly with the gentleman from Illinois (Mr. Hyde) and the 
gentleman from California (Mr. Lantos), to support this important and 
timely initiative. I would also like to thank the majority leadership, 
as well as our colleagues with the Committee on Ways and Means, 
Committee on Financial Services, and Committee on the Judiciary, for 
their constructive suggestions and cooperation in expediting passage of 
this bill.
  On June 10, the Subcommittee on Asia and the Pacific considered and 
favorably reported to the full committee H.R. 2330, the Burmese Freedom 
and Democracy Act of 2003. The full committee adopted the bill on June 
12. The amended text before us incorporates suggested changes from the 
administration as well as the Committee on Ways and Means.
  At the outset, let me note that none of us takes lightly a decision 
to impose sanctions on another country. In the case of Burma, however, 
over the last several months the U.S. has watched with growing 
frustration and dismay as prospects for a transition to democracy have 
withered in the face of the ruling military regime's determination to 
maintain an iron grip on power.
  As my colleagues are aware, Aung San Suu Kyi's release from house 
arrest a little over a year ago generated some optimism in Burma and 
abroad about prospects for political change. The ruling State Peace and 
Development Council, the SPDC, allowed her certain freedom of movement. 
The opposition National League for Democracy received permission to 
reopen a number of branch offices throughout the country, and 
increasing numbers of political prisoners were released.
  In recent days and months, the basis for cautious optimism about the 
prospect of progressive change has evaporated. The regime refused to 
hold substantive political discussions with the NLD and ethnic minority 
groups, while operatives and thugs associated with the regime began a 
campaign of harassment that escalated into the premeditated ambush on 
Aung San Suu Kyi's motorcade on May 30 of this year.
  We are all, of course, pleased at the news that the United Nations 
Special Envoy for Burma was recently allowed to see Aung San Suu Kyi 
and that she is apparently in ``feisty spirits'' and credible health.
  However, the brutal attack by the regime's henchmen on Daw Suu's 
traveling party, the broader crackdown against pro-democracy forces, 
and the vastly diminished prospects for a democratic transition leave 
the United States with no option but to reassess its already limited 
relationship with the Government of Burma.
  While economic sanctions are seldom successful, the long train of 
abuses perpetrated by Burma's military regime leaves the U.S. and other 
members of the international community, most particularly Burma's 
neighbors in ASEAN, with no ethical alternative but to embrace a 
broader array of diplomatic and economic policy options, including 
sanctions, in this case Burmese imports to the United States, and

[[Page 17897]]

utilization of the U.N. Security Council, to help bring about a 
restoration of democracy.
  Here it should be stressed that the restrictions in this bill are 
immediately released if commonsense, democratic conditions are met, and 
that the sanctions must be approved annually by Congress. In addition, 
the President has been given authority to waive any or all provisions 
of this bill based on a national interest standard.
  Mr. Speaker, Burma merits sustained U.S. attention not only because 
the actions of the regime offend core American values, but because 
developments inside the country impact peace and stability in Southeast 
Asia. Our primary objectives must continue to be focused on human 
rights, democracy, refugee assistance, and an end to Burmese production 
and trafficking of elicit narcotics. However, we also have an interest 
in reaching out to the Burmese people with humanitarian assistance, 
including medical interventions to help stem the devastating effect of 
HIV-AIDS. Such humanitarian assistance will not be affected by this 
legislation.
  The great tragedy of the current circumstance is that in the early 
1960s Burma was potentially the most prosperous country in Southeast 
Asia. Today, after 40 years of military misrule, its economy is in a 
shambles, health and educational services are in precipitous decline, 
while its citizens continue to suffer human rights abuses and 
repression.
  Sadly, it has become all too apparent that Burma's military 
leadership is prepared to sacrifice the best interests of its people to 
pursue the power games of a power elite. In this circumstance, the 
world community has been left with no option but to rally to the cause 
of freedom and human rights by mobilizing concerted diplomatic and 
economic pressure against the ruling regime. I urge passage of this 
resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 2330, the Burmese 
Freedom and Democracy Act. I first wish to express my deepest 
appreciation to the gentleman from Illinois (Mr. Hyde) for moving 
forward with this important piece of legislation so quickly, and to the 
51 cosponsors of our legislation. I particularly want to thank the 
gentleman from New York (Mr. King), the gentleman from Iowa (Mr. 
Leach), and the gentleman from New Jersey (Mr. Smith) for their 
leadership on this issue. I also thank the chairman of the Committee on 
Ways and Means, the gentleman from California (Mr. Thomas), for working 
so closely and cooperatively with us on this legislation.
  Mr. Speaker, 2 years ago this month I introduced legislation in the 
House to ban all imports from Burma as a result of the Burmese regime's 
failure to move towards freedom and democracy. But my colleagues and I 
withheld from pressing that legislation after Aung San Suu Kyi was 
freed from house arrest and there appeared to be a process for dialogue 
and national reconciliation in Burma.
  But, Mr. Speaker, just 6 weeks ago the entire landscape in Burma 
changed dramatically. The Burmese government hired thugs to brutally 
attack Nobel Prize winner Aung San Suu Kyi and her aides as they were 
on their way to meet with their supporters. Aung San Suu Kyi was 
arrested and thrown in jail. Her key aides were brutally killed. Her 
supporters around the nation have been jailed, and the offices of her 
political party have been closed.
  In short, the thug regime of Burma has sunk to new lows, securing its 
place in the world's rogues gallery of human rights abusers. The ruling 
dictatorship simply cannot accept the fact that this brave and 
courageous woman, Aung San Suu Kyi, a champion of democracy, remains 
wildly popular in Burma despite years of house arrest, persecution and 
repression.
  Now that the Rangoon regime has recommitted itself to destroying all 
democratic opposition in Burma, it is clear that dialogue is dead, 
national reconciliation is dead, and it is equally clear that we must 
adopt a new approach towards Burma and that new approach must include 
tough sanctions.
  Our legislation will impose a comprehensive import ban on products 
made in Burma until a series of human rights and democracy conditions 
have been met. We will freeze the assets of the Burmese regime in the 
United States, codify the existing policy of the United States to 
oppose lending to Burma by international financial institutions, we 
shall strengthen the visa ban on Burma, and we will support democracy 
activists in Burma.
  These are tough measures, but no tougher than Burma's ruling thugs 
deserve. They had a chance to deal seriously with this great woman, a 
champion of democracy, Aung San Suu Kyi, and instead they viciously 
attacked this Nobel Laureate. This is an unacceptable situation.

                              {time}  1730

  The legislation before us has strong bipartisan support, it reflects 
important suggestions made by the administration, and I urge all of my 
colleagues to support democracy in Burma and to support this important 
legislative measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEACH. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from New Jersey (Mr. Smith), one of the leading spokespeople 
in the world on the subject of human rights.
  Mr. SMITH of New Jersey. Mr. Speaker, I thank the chairman, the 
gentleman from Iowa (Mr. Leach), for his kind remarks. I want to 
especially thank him for his leadership on this issue and all human 
rights, especially in Asia. He has been outspoken and a very, very 
effective lawmaker. I want to thank him for his leadership.
  I also want to thank the gentleman from California (Mr. Lantos) for 
his sponsorship of this very important piece of legislation which we 
have before the body today.
  I do rise in strong support of H.R. 2330, the Burmese Freedom and 
Democracy Act. As I think my colleagues are well aware, on May 30 a 
group of government-affiliated thugs carried out a premeditated ambush 
of the motorcade of Burma democracy leader and Nobel laureate Aung San 
Suu Kyi, who has been jailed since then. An undetermined number of her 
supporters were murdered in that vicious attack.
  Burma's military dictatorship, which euphemistically calls itself the 
State Peace and Development Council, has maintained its grip on power 
for the past 15 years with the use of brutal force. Although Aung San 
Suu Kyi's National League for Democracy won the majority of National 
Assembly seats in a free and fair election in 1990, the junta nullified 
the results and imprisoned hundreds of NLD leaders. The military regime 
has committed numerous other human rights abuses, such as large-scale 
forced labor and the use of rape as a weapon in its fight against 
insurgencies by ethnic minorities.
  With this latest outrage, Mr. Speaker, the Burmese regime has 
exhausted the patience of the United States and hopefully the rest of 
the international community. I applaud the gentleman from California 
again for these efforts, for his ongoing efforts, but especially for 
his efforts in drafting and introducing H.R. 2330, the Burmese Freedom 
and Democracy Act, which the Committee on International Relations 
reported favorably on June 17. The bill includes a number of measures, 
such as a ban on trade that supports the military regime, and will send 
an unequivocal message to the generals in Rangoon: The people of Burma 
must be allowed to pursue the path of peaceful democratic development 
that they bravely chose 13 years ago.
  Although trade sanctions are sometimes the source of controversy on 
this floor, they are more than justified in this situation both because 
of the Burmese regime's egregious behavior and because export trade is 
a key source of foreign exchange for the junta and its apparatus of 
repression. The bill includes waiver authority for the President and 
outlines generous conditions under which sanctions could be lifted. In 
addition, the text before us requires annual reapproval of the trade 
ban and imposes a 3-year sunset on the sanctions.

[[Page 17898]]

  Mr. Speaker, I urge all Members to support this very important human 
rights legislation.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield 5 minutes to the 
distinguished gentleman from American Samoa (Mr. Faleomavaega), ranking 
member of the Subcommittee on Asia and the Pacific of the Committee on 
International Relations.
  Mr. FALEOMAVAEGA. Mr. Speaker, I want to commend the distinguished 
chairman of our committee, the gentleman from Illinois (Mr. Hyde), and 
our senior ranking member on this side of the aisle, the gentleman from 
California (Mr. Lantos), for their support of this important 
legislation. Certainly I would be remiss if I did not express my 
appreciation to the chairman of the Subcommittee on Asia and the 
Pacific, the gentleman from Iowa (Mr. Leach), not only for his 
leadership but certainly for his initiative and the fact that we did 
call a subcommittee hearing on this very important issue that is now 
before this body.
  I believe, Mr. Speaker, this is kind of like the last effort that we 
could do as a body to express very serious and very grave concerns 
about what has happened to the government of Burma. I think my 
colleagues, and especially my good friend from New Jersey (Mr. Smith) 
has given some specifics of the issues that are now before us 
concerning Burma and the problems and the fact that for years now this 
country has been ruled by a military junta, I think to the point now 
that we have tried our patience in the best way possible.
  One of the concerns that I raise, Mr. Speaker, is the fact that other 
countries in the Asia-Pacific region continue to recognize Burma; and 
they continue to conduct trade relations with Burma. It is my sincere 
hope that, by passage of this legislation and providing sanctions 
against this military junta, hopefully that it will produce some 
positive results and that hopefully our government, and certainly I 
commend our Secretary of State, Secretary Powell, for expressing the 
same concerns that the Congress has given for the past several years.
  Mr. Speaker, again, I want to commend my good friend, the chairman of 
our subcommittee, for not only having a hearing, we have heard from the 
parties concerned, and I believe this legislation is well overdue. I 
urge my colleagues to pass this legislation.
  Mr. LANTOS. Mr. Speaker, I urge all colleagues to vote for this 
legislation. We are striking a blow for freedom and democracy.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
  Let me thank again my good friend, the gentleman from California (Mr. 
Lantos), for his leadership on this issue but also so many other issues 
that affect human rights around the world.
  To the gentleman from American Samoa (Mr. Faleomavaega), let me say I 
do not think there is anyone that understands the region of Southeast 
Asia more comprehensively or well than he does. I am always in debt to 
his judgment.
  I would just like to stress that, while it is awkward for a 
legislative body to ever comment on the affairs of other countries, 
this particular legislation is designed to show friendship and support 
for the people of Burma and also to underscore that repression and 
despotism have no place in the world today. I also would underscore 
that it is an expression of solidarity with other peoples of Southeast 
Asia. For example, for the first time in its 36 years' existence, the 
Association of Southeast Asian Nations has taken a stand of rebuke to 
the government of Burma in its first statement of internal intervention 
in its history. This is a very serious matter for the region as well as 
for the international community, but most of all this is an expression 
of concern for the Burmese people for whom the United States has had a 
long and sustaining interest.
  Mr. Speaker, I urge again passage of this legislation.
  Mr. FALEOMAVAEGA. Mr. Speaker, will the gentleman yield?
  Mr. LEACH. I yield to the gentleman from American Samoa.
  Mr. FALEOMAVAEGA. I thank the gentleman for yielding and also 
especially for his recognition of the fact that other countries in the 
surrounding area have expressed serious concerns about the problems 
affecting the government of Burma.
  I do recall that years ago I raised the same concerns at issue with 
some of the highest levels of officials in one country to mind and the 
question that we do not give official recognition or we do not have 
official diplomatic relationship with Burma and the advice that was 
given to me is, we should. Hopefully that the interactions and the 
continuous relationship, that by some way or some means that will bring 
more democracy and a greater sense of understanding not only with that 
country but certainly for all democratic-loving people around the 
world. I think this body has waited not for months, not for 1 year, but 
for years and years, and there seems to be no improvement of the 
situation, the promises that were made by these military rulers that 
there would be more democratic reforms given. This has not been the 
case.
  I just wanted to add that observation to my good friend, the chairman 
of the subcommittee. While given that recognition, I think it is high 
time that the Congress does take action and we do so with every bit the 
right of this body. It is a very serious matter to put sanctions on any 
country for that matter. I sincerely hope that it will result in some 
positive improvements in the promises that this military junta had made 
for years and years and still have not taken place.
  Mr. LEACH. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from Oregon (Mr. Blumenauer), a member of the Subcommittee on 
Asia and the Pacific as well as someone with whom I am honored to have 
recently cowritten an editorial.
  Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in 
permitting me to speak on this resolution this afternoon and commend 
him, the gentleman from Illinois (Mr. Hyde), the gentleman from 
California (Mr. Lantos) and the gentleman from New Jersey (Mr. Smith).
  There is truly a bipartisan consensus on our committee that the time 
has long since passed for us to address the critical need to change the 
regime in Burma and to be able to recognize the courage of Aung San Suu 
Kyi, the potential we have there to have a transformational effect in 
that troubled country.
  It was my great privilege to spend an afternoon with my children in 
her compound when she was under house arrest. Watching the harassment 
we went through just to go there with the charge, thinking about what 
that represented, this brave woman, insightful, being surrounded by 
thugs at a time when her country was ravaged in terms of AIDS, in terms 
of economic deprivation, in terms of the atrocities that have been 
documented on this floor already this afternoon in terms of what the 
junta has inflicted upon their people.
  It seems to me that it is an opportunity for us at a time when people 
want the United States to throw its weight around the world that we 
focus on this troubled country that has a recognized leader, that has 
the potential for us to bring together the force that we saw in South 
Africa, to be able to focus time, energy, attention in a peaceful 
fashion but to force the junta to know that we mean business as it 
regards Burma. I am one that will continue to call it Burma unless and 
until that name is changed by the democratic majority of that country, 
and I think the name is a small symbol of why we need to stand up to 
push back.
  This resolution, I think, is a starting place. But beyond that, I 
hope, Mr. Speaker, that there will be an opportunity for Members in 
this Chamber to pick up this cause, to beat this drum, to carry it to 
those who are in business, NGO, other governments, because I think 
there is now an opportunity for this consensus to work.
  I am pleased with the work that our committee has done, I hope the 
House

[[Page 17899]]

will unite behind it, and I hope that each Member of this Chamber will 
find something that he or she can do to advance this important cause.
  Mr. MANZULLO. Mr. Speaker, I rise today to express my concern over 
H.R. 2330. While I support the intentions of H.R. 2330 to strengthen 
democratic forces in Burma and hold the Burmese military junta 
accountable for its human rights violations, I am concerned that this 
legislation's general ban on trade will adversely affect U.S. small 
business and economic development in Burma.
  I am appreciative of the changes made to the original version of this 
bill such as requiring an annual affirmative vote of Congress to renew 
the import ban against Burma and changing the standard for the 
President to waive the ban from the ``national security interest'' to 
``national interest'' of the United States. However, these changes will 
not ultimately solve the problems of my constituent who owns a small 
business, Chaang Trading Company, in Rockford, Illinois. Chaang Trading 
Company imports fine, handcrafted cultural goods from Southeast Asia 
and distributes them nationwide.
  The import ban in H.R. 2330 would almost certainly destroy this four-
person company as 80 percent of Chaang's business depends on trade with 
Burma. Chaang purchases its Burmese products directly from artisan 
shops, and not from the military government of Burma. These Burmese 
shops are owned by ordinary citizens and employ ordinary citizens. 
Therefore, the import ban in this legislation would undermine the 
provisions in section 8 of H.R. 2330 to support democracy activists in 
Burma through economic development by actually hurting the very people 
we are trying to help--small business artisans who have nothing to do 
with the repressive military government of Burma. I therefore urge my 
colleagues to be cognizant of the unintended consequences of using 
trade sanctions as a weapon to change policy in foreign countries.
  It would be my hope and wish that as the Administration implements 
this bill that it would take into account the concerns of small 
companies like Chaang Trading Company in Rockford so that they can 
continue to trade with skilled artisans from Burma who have nothing to 
do with the repressive military government.
  Mr. KIRK. Mr. Speaker, I rise today in strong support of H.R. 2330, 
the Burmese Freedom and Democracy Act of 2003. Today, as her people 
call for freedom and democracy, the Burmese military junta maintains a 
policy of repression and government-sponsored violence.
  In 1990, the National League for Democracy, a party committed to 
peace and democratic principles in Burma, won the majority of National 
Assembly seats, offering real hope for change in Burma. Despite the 
overwhelming public call for democracy, the military regime nullified 
the election results and imprisoned and murdered several NLD leaders. 
While this act of government-sponsored aggression took place over a 
decade ago, the Burmese regime continues to brutally repress the 
people's opposition movement today.
  In May, the Burmese regime ordered the ambush of a motorcade carrying 
several leaders of Burma's democracy movement, including Nobel laureate 
Aung San Suu Kyi, the elected leader of her country, who has remained 
in detention by the regime since that murderous attack.
  The Burmese regime has been granted countless opportunities to 
peacefully transfer power to the people while avoiding further 
bloodshed. In response to the international community's ongoing efforts 
to bring peace to the region, Burmese leaders have only responded with 
further acts of repression, aggression, and state-sponsored terror 
against its own people. Today, over 600,000 citizens within Burma have 
been displaced from their homes on account of brutal ethnic cleansing 
techniques employed by the Burmese regime. In response, we must make 
every effort to bring awareness to the mistreatment of Aung San Suu Kyi 
and other pro-democracy opposition leaders.
  The Burmese Freedom and Democracy Act would take comprehensive steps 
to enhance efforts for democracy in Burma, while strengthening 
international sanctions against the Burmese junta. I urge my colleagues 
to support this initiative as part of the international community's 
response to the junta's ongoing state-sponsored terror against the 
people of Burma.
  Mr. SOUDER. Mr. Speaker, I rise in strong support of H.R. 2330 and of 
the people of Burma. The people of Burma toil every day under the cruel 
and heavy yoke of military dictatorship. The military rulers of Burma 
stifle dissent, persecute minorities, and thwart every attempt at 
democracy.
  Recently, the democratically elected and legal leader of Burma, Aung 
San Suu Kyi, was viciously attacked by agents of the military 
dictatorship while on her way to meet supporters of democracy. 
Following the attack, she was re-imprisoned by the military tyrants of 
Burma. Visitation has been limited and there is no sign that she will 
be released from prison any time soon.
  The military junta in Burma continues to persecute minority groups. 
Burma has more than 600,000 internally displaced people. Furthermore, 
over 100,000 people are living in refugee camps along the Thai-Burma 
border.
  The Karen, Karenni, and Shan people have borne the brunt of this 
persecution. Where Burma was once a country of peaceful coexistence, it 
has, under this brutal regime, become a place of strife and discord.
  Now more than ever, the democratic forces at work in Burma need the 
support of the United States of America. H.R. 2330 is a step in the 
right direction. This bill, which I am proud to co-sponsor, will impose 
sanctions on the evil regime currently in control of Burma.
  The bill will prohibit any article from being imported into the 
United States that is produced, mined, manufactured, grown, or 
assembled in Burma. In 2002, Burma exported over $356 million worth of 
products to the United States. This included apparel, teak wood, 
precious stones, and seafood. H.R. 2330 will put an end to these 
exports and send a message to the illegal government of Burma.
  H.R. 2330 also directs the Secretary of the Treasury to freeze the 
assets of the military junta. While the country is mired in poverty, 
the ruling elite are looting the country for their own benefit. This 
legislation will keep the junta from accessing their ill-gotten gains. 
Furthermore, the bill will prohibit the leaders of this Burmese 
nightmare from entering the United States.
  Support for this bill will make it clear to those Burmese despots 
that their military dictatorship, which maintains power through force 
and terror, is unacceptable. This bill will make it clear that the 
United States of America supports freedom and democracy in Burma. We 
support the National League for Democracy. And we support Burma's 
democratically elected leader, Aung San Suu Kyi.
  Burma was once a prosperous country but the military has ground the 
country into poverty. Burma is rich in resources but the military 
despots have squandered these riches for their own gain. Burma's 
peoples once lived side by side with one another but the military has 
seen fit to mistreat some groups and drive them from their homes. This 
must end.
  The United States must help to foster democracy in Burma. I urge all 
of my colleagues to support H.R. 2330 and to work for democracy in 
Burma.
  Mr. OXLEY. Mr. Speaker, I rise today in support of H.R. 2330, the 
``Burmese Freedom and Democracy Act of 2003.'' I would like to commend 
both Chairman Hyde and Mr. Lantos for their efforts on this important 
legislation.
  The House Financial Services Committee received a referral on H.R. 
2330 as a result of sections four and five of the bill, which address 
Burma's relationship with the international financial institutions.
  Specificaly, section four of this legislation directs the Secretary 
of the Treasury to freeze any assets of the Burmese regime located 
within the United States. Section five directs the Secretary of the 
Treasury to instruct the U.S. director at each international financial 
institution in which the U.S. participates to oppose and vote against 
the extension of any loan or financial assistance to Burma until 
certain conditions are met.
  The House Financial Services Committee waived consideration of this 
bill in the hopes of expediting the legislative process and providing 
needed relief to the Burmese people. This bill accomplishes that end by 
supporting democratic forces in Burma and recognizing the National 
League of Democracy as the legitimate representative of the Burmese 
people.
  As a fervent supporter of free trade, free minds, and free people, I 
call on the Burmese regime to allow the benefits of democracy to grow. 
I urge my colleagues to support H.R. 2330.
  Mr. PITTS. Mr. Speaker, I strongly support H.R. 2330, the Burmese 
Freedom and Democracy Act of 2003 and urge all my colleagues to support 
this bill.
  The military regime is guilty of ethnic cleansing, systematic rape, 
forced porterage, destruction of homes, villages and food sources, the 
use of human land mine sweepers, and the detention of over 1200 
political prisoners.
  Two excellent reports describe the horrifying systematic campaign of 
rape against the Shan, Karenni, Karen, Mon, Tavoyan and other ethnic 
groups.

[[Page 17900]]

  In the study License to Rape, investigators found that in ``25 
percent of the incidents documented, the girls or women were killed 
following the rape, by being shot, suffocated, beaten, stabbed or 
burned to death.''
  In the study, No Safe Place: Burma's Army and the Rape of Ethnic 
Women, there is clear documentation of the military raping women 
fleeing the fighting, raping those incarcerated in military camps, 
raping those forced into labor for military, and raping women out 
foraging for food.
  In one case, a young women heard her sister's cries ```They are 
raping me'--but could do nothing to stop it. A day after she was taken, 
the soldiers brought her body back for the family to bury. Her wounds 
indicated clearly that she had been raped, perhaps to death. Despite 
the fact that the soldiers continued to return to their village after 
the murder,'' the young women and her family were too afraid to 
complain.
  The suffering of the people of Burma has gone on too long.
  Sadly, the international community has shown little willingness to 
vigorously address the issues facing the people of Burma, but H.R. 2330 
is an important step to directly impact the situation in the country.
  I urge the dictatorship release Aung San Suu Kyi from detention.
  I also urge the dictatorship of Burma to immediately engage in a tri-
partite dialogue with the National League for Democracy and the ethnic 
minorities.
  Only when the rights of the NLD and the ethnic minorities are 
recognized and protected will there be peace in Burma.
  Mr. Speaker, a regime that engaged in this horrifying campaign of 
systematic rape to decimate the ethnic minorities, in addition to all 
the other human rights violations it commits, must be stopped.
  I urge my colleagues to support the Burmese Freedom and Democracy 
Act.
  Mr. BEREUTER. Mr. Speaker, this Member rises in strong support of 
H.R. 2330, the Burmese Freedom and Democracy Act of 2003. Furthermore, 
this Member, as a co-sponsor of the legislation, would like to thank 
the Ranking Member of the House International Relations Committee, the 
distinguished gentleman from California (Mr. Lantos) and the 
distinguished gentleman from New York (Mr. King) for writing and 
introducing this timely legislation which enjoys bipartisan support. 
Also, the Chairman of the House International Relations Committee, the 
distinguished gentleman from Illinois (Mr. Hyde) is to be commended for 
his efforts to bring this bill to the Floor.
  This bill would impose sanctions upon companies associated with 
Burma's current ruling party, the State Peace and Development Council 
(SPDC). If the President would certify that the SPDC has made 
``substantial and measurable progress'' toward ending human rights 
violations and implementing democratic reform, the sanctions could be 
lifted.
  Generally, this Member is opposed to bilateral sanctions because they 
frequently prove to be ineffective and, indeed, counterproductive to 
the policy consequence sought. However, the ruling junta's arrest and 
subsequent detention of Burmese democracy leader and Nobel Peace Prize 
Laureate Aung San Suu Kyi was such an egregious affront to democracy 
and rule of law that the government deserves swift and harsh punishment 
from the international community.
  Mr. Speaker, this Member strongly urges his colleagues to vote for 
H.R. 2330.
  Mr. KING of New York. Mr. Speaker, as the lead republican sponsor, I 
rise today in full support of the Burmese Freedom and Democracy Act.
  Two months ago, Burmese opposition leader and Nobel Peace Prize 
laureate, Aung San Suu Kyi was placed under house arrest by Burma's 
ruling junta after a bloody clash between her supporters and thugs of 
the military regime.
  For the last fifteen years, Suu Kyi has waged a struggle against one 
of the world's most oppressive governments. Burma's military regime has 
committed widespread human rights abuses, including forced labor and 
the use of rape as a weapon against insurgences by ethnic minorities. 
In addition, this regime supports international narcotic trafficking 
and provides a safe haven for drug traffickers targeted by the United 
States for prosecution.
  That is why I am proud to be a part of this legislation which will 
authorize a number of sanctions against the Burmese government and its 
entities, unless a series of democratic conditions are met. I want to 
thank the Gentleman from California, Mr. Lantos for his tireless work 
on this issue. I urge my colleagues to support this needed measure.
  Mr. ENGLISH. Mr. Speaker, I would like to take this opportunity to 
strenuously condemn the Burmese State Peace and Development Council 
(SPDC) and its latest acts of violence against the democratic movement 
in Burma.
  As many of us know, in 1990, the Burmese people elected Aung San Suu 
Kyi and her party, the National League for Democracy (NLD), to lead 
their country. The NLD won an astounding 82 percent of the popular 
vote, dealing a shattering defeat to the absolutist State Law and Order 
Restoration Council (SLORC). In perhaps one of the great crimes against 
democracy in history, the SLORC refused to seat the newly elected 
parliament and imprisoned the leaders of the NLD. Ms. Suu Kyi was 
placed under house arrest, where she has remained for much of the last 
13 years.
  The State Peace and Development Council, as the government is now 
known, continues to wage war on its own people and to lead Burma toward 
rogue nation status. The SPDC is notorious for using rape and 
imprisonment as an instrument of political influence on its citizens 
and is known to force children to fight indigenous ethnic groups in the 
country. This brutal form of governance is combined with military 
dominance of heavy industry and a sickly economy dependent upon black 
market and illicit exports.
  Now, the SPDC seems committed to stiffening its repression of the 
Burmese people. After toying with several international initiatives 
aimed at restoring democracy to the country, the SPDC has essentially 
halted talks with a spasm of violence directed against the NLD 
organization. On May 30, a motorcade carrying Ms. Suu Kyi through the 
country was attacked by an organized group of armed criminals. In the 
process, a number of NLD members were reportedly tortured and murdered, 
while Ms. Suu Kyi was taken into ``protective custody'' by the 
government. It seems that the only ``protection'' was being given to an 
illegitimate regime against the popular, peaceful NLD leader.
  This pattern of vicious oppression in Burma must come to an end and 
Ms. Suu Kyi must be released unharmed. I urge the President and 
Secretary of State Powell to take the necessary measures to ensure her 
safe release and to fully support the National League for Democracy. I 
further ask my friends in Congress to work with the Administration to 
ensure that we supply maximum support to the NLD and that we forcefully 
denounce the actions of the dictatorial junta now reigning over Burma.
  Mr. LEACH. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Hastings of Washington). The question is 
on the motion offered by the gentleman from Iowa (Mr. Leach) that the 
House suspend the rules and pass the bill, H.R. 2330, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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