[Congressional Record (Bound Edition), Volume 153 (2007), Part 25]
[House]
[Pages 33672-33677]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1315
    BLOCK BURMESE JADE (JUNTA'S ANTI-DEMOCRATIC EFFORTS) ACT OF 2007

  Mr. MEEKS of New York. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3890) to amend the Burmese Freedom and Democracy 
Act of 2003 to waive the requirement for annual renewal resolutions 
relating to import sanctions, impose import sanctions on Burmese 
gemstones, expand the number of individuals against whom the visa ban 
is applicable, expand the blocking of assets and other prohibited 
activities, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3890

       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 ``Block Burmese JADE (Junta's 
     Anti-Democratic Efforts) Act of 2007''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Burmese regime has continued and worsened its 
     obstruction of democratic processes and mass violation of 
     human rights identified in the Burmese Freedom and Democracy 
     Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note). In 
     August and September 2007, Burmese people from all walks of 
     life conducted their largest peaceful public protests since 
     1988. The peaceful public protests responded to a drastic 
     increase in fuel prices, as well as the Burmese regime's 
     ongoing denial of the democratic and human rights of the 
     Burmese people. On September 24, 2007, Buddhist monks 
     actively participated and increasingly led these peaceful 
     demonstrations, culminating in an estimated 100,000 people 
     marching through Rangoon, Burma. The protesters peacefully 
     demanded the release of 1991 Nobel Peace Prize Winner Daw 
     Aung San Suu Kyi, the leader of the National League for 
     Democracy (NLD), marching past security barricades to her 
     house in a show of support for Burmese democracy. The Burmese 
     regime continues to refuse to recognize the results of the 
     1990 election, won by the NLD, which gave Aung San Suu Kyi's 
     party the right to form a government.
       (2) The Burmese regime, which calls itself the State Peace 
     and Development Council (SPDC), responded to these peaceful 
     protests with a violent crackdown leading to the reported 
     killing of some 200 people, including a Japanese 
     photojournalist, and hundreds of injuries. Human rights 
     groups further estimate that over 2,000 individuals have been 
     detained, arrested, imprisoned, beaten, tortured, or 
     otherwise intimidated as part of this crackdown. The Burmese 
     regime continues to detain, torture, and otherwise intimidate 
     those individuals whom it believes participated in or led the 
     protests and it has closed down or otherwise limited access 
     to several monasteries and temples that played key roles in 
     the protests.
       (3) The Burmese regime and its supporters finance their 
     ongoing violations of human rights, undemocratic policies, 
     and military activities through financial transactions, 
     travel, and trade involving the United States, including the 
     sale of gemstones. Despite the sanctions imposed in the 
     Burmese Freedom and Democracy Act of 2003, the Burmese regime 
     seeks out ways to evade these restrictions. Millions of 
     dollars in gemstones that are exported from Burma ultimately 
     enter the United States but the Burmese regime attempts to 
     conceal the origin of the gemstones in an effort to evade the 
     sanctions in the Burmese Freedom and Democracy Act of 2003. 
     For example, over 90 percent of the world's ruby supply 
     originates in Burma but only three percent of the rubies 
     entering the United States are claimed to be of Burmese 
     origin. The value of Burmese gemstones is more than 99 
     percent a function of their original quality and geological 
     origin, and not a result of the labor involved in cutting and 
     polishing the gemstones.

     SEC. 3. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT 
                   OF 2003.

       (a) Prohibition on Importation of Jadeite and Rubies From 
     Burma and Articles of Jewelry Containing Jadeite or Rubies 
     From Burma.--The Burmese Freedom and Democracy Act of 2003 
     (Public Law 108-61; 50 U.S.C. 1701 note) is amended by 
     inserting after section 3 the following new section:

     ``SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES 
                   FROM BURMA AND ARTICLES OF JEWELRY CONTAINING 
                   JADEITE OR RUBIES FROM BURMA.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Ways and Means and the Committee on 
     Foreign Affairs of the House of Representatives; and
       ``(B) the Committee on Finance and the Committee on Foreign 
     Relations of the Senate.
       ``(2) Burmese covered article.--The term `Burmese covered 
     article' means--
       ``(A) jadeite mined or extracted from Burma;
       ``(B) rubies mined or extracted from Burma; or
       ``(C) articles of jewelry containing jadeite described in 
     subparagraph (A) or rubies described in subparagraph (B).
       ``(3) Non-burmese covered article.--The term `non-Burmese 
     covered article' means--
       ``(A) jadeite mined or extracted from a country other than 
     Burma;
       ``(B) rubies mined or extracted from a country other than 
     Burma; or
       ``(C) articles of jewelry containing jadeite described in 
     subparagraph (A) or rubies described in subparagraph (B).
       ``(4) Jadeite; rubies; articles of jewelry containing 
     jadeite or rubies.--
       ``(A) Jadeite.--The term `jadeite' means any jadeite 
     classifiable under heading 7103 of the Harmonized Tariff 
     Schedule of the United States (in this paragraph referred to 
     as the `HTS').
       ``(B) Rubies.--The term `rubies' means any rubies 
     classifiable under heading 7103 of the HTS.
       ``(C) Articles of jewelry containing jadeite or rubies.--
     The term `articles of jewelry containing jadeite or rubies' 
     means--
       ``(i) any article of jewelry classifiable under heading 
     7113 of the HTS that contains jadeite or rubies; or
       ``(ii) any article of jadeite or rubies classifiable under 
     heading 7116 of the HTS.
       ``(5) United states.--The term `United States', when used 
     in the geographic sense, means the several States, the 
     District of Columbia, and any commonwealth, territory, or 
     possession of the United States.
       ``(b) Prohibition on Importation of Burmese Covered 
     Articles.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, until such time as the President determines and 
     certifies to the appropriate congressional committees that 
     Burma has met the conditions described in section 3(a)(3), 
     beginning 60 days after the date of the enactment of the 
     Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 
     2007, the President shall prohibit the importation into the 
     United States of any Burmese covered article.
       ``(2) Regulatory authority.--The President is authorized 
     to, and shall as necessary, issue such proclamations, 
     regulations, licenses, and orders, and conduct such 
     investigations, as may be necessary to implement the 
     prohibition under paragraph (1).
       ``(3) Other actions.--Beginning on the date of the 
     enactment of this Act, the President shall take all 
     appropriate actions to seek the following:
       ``(A) The issuance of a draft waiver decision by the 
     Council for Trade in Goods of the World Trade Organization 
     granting a waiver of the applicable obligations of the United 
     States under the World Trade Organization with respect to the 
     provisions of this section and any measures taken to 
     implement this section.
       ``(B) The adoption of a resolution by the United Nations 
     General Assembly expressing the need to address trade in 
     Burmese covered articles and calling for the creation and 
     implementation of a workable certification scheme for non-
     Burmese covered articles to prevent the trade in Burmese 
     covered articles.
       ``(c) Requirements for Importation of Non-Burmese Covered 
     Articles.--
       ``(1) In general.--Except as provided in paragraph (2), 
     until such time as the President determines and certifies to 
     the appropriate congressional committees that Burma has met 
     the conditions described in section 3(a)(3), beginning 60 
     days after the date of the enactment of the Block Burmese 
     JADE (Junta's Anti-Democratic Efforts) Act of 2007, the 
     President shall require as a condition for the importation 
     into the United States of any non-Burmese covered article 
     that--
       ``(A) the exporter of the non-Burmese covered article has 
     implemented measures that have substantially the same effect 
     and achieve the same goals as the measures described in 
     clauses (i) through (iv) of paragraph (2)(B) (or their 
     functional equivalent) to prevent the trade in Burmese 
     covered articles; and
       ``(B) the importer of the non-Burmese covered article 
     agrees--

[[Page 33673]]

       ``(i) to maintain a full record of, in the form of reports 
     or otherwise, complete information relating to any act or 
     transaction related to the purchase, manufacture, or shipment 
     of the non-Burmese covered article for a period of not less 
     than 5 years from the date of entry of the non-Burmese 
     covered article; and
       ``(ii) to provide the information described in clause (i) 
     to the relevant United States authorities upon request.
       ``(2) Exception.--
       ``(A) In general.--The President may waive the requirements 
     of paragraph (1) with respect to the importation of non-
     Burmese covered articles from any country with respect to 
     which the President determines and certifies to the 
     appropriate congressional committees has implemented the 
     measures described in subparagraph (B) (or their functional 
     equivalent) to prevent the trade in Burmese covered articles.
       ``(B) Measures described.--The measures referred to in 
     subparagraph (A) are the following:
       ``(i) With respect to exportation from the country of 
     jadeite or rubies in rough form, a system of verifiable 
     controls on the jadeite or rubies from mine to exportation 
     demonstrating that the jadeite or rubies were not mined or 
     extracted from Burma, and accompanied by officially-validated 
     documentation certifying the country from which the jadeite 
     or rubies were mined or extracted, total carat weight, and 
     value of the jadeite or rubies.
       ``(ii) With respect to exportation from the country of 
     finished jadeite or polished rubies, a system of verifiable 
     controls on the jadeite or rubies from mine to the place of 
     final finishing of the jadeite or rubies demonstrating that 
     the jadeite or rubies were not mined or extracted from Burma, 
     and accompanied by officially-validated documentation 
     certifying the country from which the jadeite or rubies were 
     mined or extracted.
       ``(iii) With respect to exportation from the country of 
     articles of jewelry containing jadeite or rubies, a system of 
     verifiable controls on the jadeite or rubies from mine to the 
     place of final finishing of the article of jewelry containing 
     jadeite or rubies demonstrating that the jadeite or rubies 
     were not mined or extracted from Burma, and accompanied by 
     officially-validated documentation certifying the country 
     from which the jadeite or rubies were mined or extracted.
       ``(iv) With respect to re-exportation from the country of 
     jadeite or rubies in rough form, finished jadeite or polished 
     rubies, or articles of jewelry containing jadeite or rubies, 
     a system of verifiable controls on the jadeite or rubies or 
     articles of jewelry containing jadeite or rubies ensuring 
     that no jadeite or rubies mined or extracted from Burma have 
     entered the legitimate trade in jadeite or rubies.
       ``(v) Verifiable recordkeeping by all entities and 
     individuals engaged in mining, importation, and exportation 
     of non-Burmese covered articles in the country, and subject 
     to inspection and verification by authorized authorities of 
     the government of the country in accordance with applicable 
     law.
       ``(vi) Implementation by the government of the country of 
     proportionate and dissuasive penalties against any persons 
     who violate laws and regulations designed to prevent trade in 
     Burmese covered articles.
       ``(vii) Full cooperation by the country with the United 
     Nations or other official international organizations that 
     seek to prevent trade in Burmese covered articles.
       ``(d) Inapplicability.--
       ``(1) In general.--The requirements of subsection (b)(1) 
     and subsection (c)(1) shall not apply with respect to the 
     importation of Burmese covered articles and non-Burmese 
     covered articles, respectively, that were previously exported 
     from the United States and reimported into the United States 
     by the same person, without having been advanced in value or 
     improved in condition by any process or other means while 
     outside the United States, if the person declares that the 
     reimportation of the Burmese covered articles or non-Burmese 
     covered articles, as the case may be, satisfies the 
     requirements of this paragraph.
       ``(2) Additional provision.--The requirements of subsection 
     (c)(1) shall not apply with respect to the importation of 
     non-Burmese covered articles that are imported by or on 
     behalf of an individual for personal use and accompanying an 
     individual upon entry into the United States.
       ``(e) Enforcement.--Burmese covered articles or non-Burmese 
     covered articles that are imported into the United States in 
     violation of any prohibition of this Act or any other 
     provision law shall be subject to all applicable seizure and 
     forfeiture laws and criminal and civil laws of the United 
     States to the same extent as any other violation of the 
     customs laws of the United States.
       ``(f) Sense of Congress.--
       ``(1) In general.--It is the sense of Congress that the 
     President should take the necessary steps to seek to 
     negotiate an international arrangement--similar to the 
     Kimberley Process Certification Scheme for conflict 
     diamonds--to prevent the trade in Burmese covered articles. 
     Such an international arrangement should create an effective 
     global system of controls and should contain the measures 
     described in subsection (c)(2)(B) (or their functional 
     equivalent).
       ``(2) Kimberley process certification scheme defined.--In 
     paragraph (1), the term `Kimberley Process Certification 
     Scheme' has the meaning given the term in section 3(6) of the 
     Clean Diamond Trade Act (Public Law 108-19; 19 U.S.C. 
     3902(6)).
       ``(g) Report.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of the Block Burmese JADE (Junta's Anti-
     Democratic Efforts) Act of 2007, the President shall transmit 
     to the appropriate congressional committees a report 
     describing what actions the United States has taken during 
     the 60-day period beginning on the date of the enactment of 
     such Act to seek--
       ``(A) the issuance of a draft waiver decision by the 
     Council for Trade in Goods of the World Trade Organization, 
     as specified in subsection (b)(3)(A);
       ``(B) the adoption of a resolution by the United Nations 
     General Assembly, as specified in subsection (b)(3)(B); and
       ``(C) the negotiation of an international arrangement, as 
     specified in subsection (f)(1).
       ``(2) Update.--Not later than 180 days after the 
     transmission of the report required under paragraph (1), and 
     every 6 months thereafter, the President shall transmit to 
     the appropriate congressional committees an update of the 
     report describing the continued efforts of the United States 
     to seek the items specified in subparagraphs (A), (B), and 
     (C) of paragraph (1).
       ``(h) GAO Report.--Not later than 14 months after the date 
     of the enactment of the Block Burmese JADE (Junta's Anti-
     Democratic Efforts) Act of 2007, the Comptroller General of 
     the United States shall submit to the appropriate 
     congressional committees a report on the effectiveness of the 
     implementation of this section. The Comptroller General shall 
     include in the report any recommendations or any 
     modifications to this Act that may be necessary.''.
       (b) Visa Ban.--Paragraph (1) of section 6(a) of the Burmese 
     Freedom and Democracy Act of 2003 is amended to read as 
     follows:
       ``(1) Visa ban.--
       ``(A) In general.--The Secretary of State shall deny the 
     issuance of a visa and the Secretary of Homeland Security 
     shall deny admission to the United States to a sanctioned 
     person (as such term is defined in section 4(b)(8).
       ``(B) Waiver.--The ban described in subparagraph (A) may be 
     waived only if the President determines and certifies in 
     writing to Congress that such is in the national interests of 
     the United States.''.
       (c) Freezing Assets of the Burmese Regime in the United 
     States.--Section 4 of the Burmese Freedom and Democracy Act 
     of 2003 is amended--
       (1) by redesignating subsections (b) and (c) as subsection 
     (c) and (d); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Blocking of Assets and Other Prohibited Activities.--
       ``(1) In general.--The President shall block all property 
     and interests in property, including all commercial, 
     industrial, or public utility undertakings or entities, that, 
     on or after the date of the enactment of the Block Burmese 
     JADE (Junta's Anti-Democratic Efforts) Act of 2007--
       ``(A) are owned, in whole or in part, by any sanctioned 
     person; and
       ``(B) are in the United States, or in the possession or 
     control of the Government of the United States or of any 
     financial institution or financial agency organized under the 
     laws of a State, territory, or possession of the United 
     States, including any branch or office of such financial 
     institution or financial agency that is located outside the 
     United States.
       ``(2) Prohibited activities.--Any person who, on or after 
     the date of the enactment of the Block Burmese JADE (Junta's 
     Anti-Democratic Efforts) Act of 2007, engages in any of the 
     following activities shall be subject to penalties described 
     in paragraph (6):
       ``(A) Payments or transfers of any property, or any 
     transactions involving the transfer of anything of economic 
     value by any United States person, including any financial 
     institution or financial agency organized under the laws of a 
     State, territory, or possession of the United States and any 
     branch or office of such financial institution or financial 
     agency that is located outside the United States, to any 
     sanctioned person.
       ``(B) Direct or indirect payments of any tax, cancellation 
     penalty, or any other amount to the Burmese Government, 
     including amounts paid or incurred with respect to any joint 
     production agreement relating to the Yadana or Shwe gas 
     fields or pipelines. Any such payment made by or on behalf of 
     a United States person after the date of the enactment of the 
     Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 
     2007 shall be deemed a willful violation of this Act for 
     purposes of penalties described in paragraph (6) and any 
     other related provision of law.
       ``(C) The export or reexport to any entity owned, 
     controlled, or operated by a sanctioned person directly or 
     indirectly, of any goods, technology, or services by a United 
     States person.
       ``(D) The performance by any United States person of any 
     contract, including a

[[Page 33674]]

     contract providing a loan or other financing, in support of 
     an industrial, commercial, or public utility operated, 
     controlled, or owned by a sanctioned person.
       ``(3) Extension of authority.--
       ``(A) Blocking of property.--The President may block all 
     property and interests in property of the following entities 
     and persons, to the same extent as property and interests in 
     property of a foreign person determined to have committed 
     acts of terrorism for purposes of Executive Order No. 13224 
     of September 21, 2001, (50 U.S.C. 1701 note) may be blocked:
       ``(i) The Burmese Government, the Burmese military, or a 
     sanctioned person, including entities owned or effectively 
     controlled by the Burmese Government, the Burmese military, 
     or a sanctioned person.
       ``(ii) Persons otherwise associated with the Burmese 
     Government, the Burmese military, or a sanctioned person.
       ``(B) Conditions on certain accounts.--The President may 
     prohibit or impose conditions on the opening or maintaining 
     in the United States of a correspondent account or payable-
     through account by any financial institution or financial 
     agency that is organized under the laws of a State, 
     territory, or possession of the United States, if the 
     President determines that such an account might be used--
       ``(i) by a person or entity that holds property or an 
     interest in property belonging to the Burmese Government, the 
     Burmese military, or a sanctioned person; or
       ``(ii) to conduct a transaction on behalf of or for the 
     benefit of the Burmese Government, the Burmese military, or a 
     sanctioned person.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to prohibit any contract or other 
     financial transaction with any nongovernmental humanitarian 
     organization in Burma.
       ``(5) Exceptions.--The prohibitions and restrictions 
     described in paragraphs (1), (2), and (3) shall not apply to 
     medicine, medical equipment or supplies, food, or any other 
     form of humanitarian assistance provided to Burma as relief 
     in response to a humanitarian crisis.
       ``(6) Penalties.--Any person who violates any prohibition 
     or restriction described in paragraph (1), (2), or (3) shall 
     be subject to the penalties under section 6 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as for a violation under that Act.
       ``(7) Listing of sanctioned persons.--The Secretary of 
     State and Secretary of the Treasury shall update and publish 
     in the Federal Register new lists of sanctioned persons as 
     additional information becomes available. The Secretary of 
     State and the Secretary of the Treasury shall devote 
     sufficient resources to the identification of information 
     concerning sanctioned persons to carry out the purposes 
     described in this Act.
       ``(8) Definitions.--In this subsection:
       ``(A) Correspondent account; payable-through account.--The 
     terms `correspondent account' and `payable-through account' 
     have the meanings given such terms in section 5318A(e)(1) of 
     title 31, United States Code.
       ``(B) Financial agency.--The term `financial agency' has 
     the meaning given such term in section 5312 of title 31, 
     United States Code.
       ``(C) Financial institution.--The term `financial 
     institution' has the meaning given such term in section 5312 
     of title 31, United States Code.
       ``(D) United states person.--The term `United States 
     person' means--
       ``(i) any United States citizen or alien lawfully admitted 
     for permanent residence to the United States;
       ``(ii) any person in the United States;
       ``(iii) any entity organized under the laws of the United 
     States, any State or territory thereof, or the District of 
     Columbia, and any foreign branch or subsidiary of such an 
     entity; or
       ``(iv) any entity organized under the laws of the United 
     States, any State or territory thereof, or the District of 
     Columbia, in which an individual or entity described in 
     clauses (i), (ii), or (iii) owns, directly or indirectly, 
     more than 50 percent of the outstanding capital stock or 
     other beneficial interest in such entity.
       ``(E) Sanctioned person.--The term `sanctioned person' 
     means--
       ``(i) any individual who is a member of the former or 
     present leadership of the SPDC or the union Solidarity 
     Development Association;
       ``(ii) any member of the Burmese military involved in the 
     violent repression of the public protests in Burma in August, 
     September, and October 2007 (regardless of when such 
     repression occurred);
       ``(iii) any Burmese official who has engaged in, ordered, 
     or facilitated acts of gross violations of internationally 
     recognized human rights (as defined in section 502B(d)(1) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)), 
     either as an individual or as a member of a group or 
     government; or
       ``(iv) any member of the immediate family of any individual 
     described in clauses (i), (ii), or (iii).''.

     SEC. 4. SUPPORT FOR DEMOCRACY PROMOTION AND HUMANITARIAN 
                   ASSISTANCE IN BURMA.

       (a) In General.--The President is authorized to use all 
     available resources to assist Burma democracy activists and 
     humanitarian aid workers in their efforts to promote freedom, 
     democracy, and human rights in Burma.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $20,000,000 to the Secretary of State for 
     each of the fiscal years 2008 and 2009 for the following 
     purposes:
       (1) To provide aid to democracy and human rights activists 
     and organizations inside and outside of Burma working to 
     bring a transition to democracy inside Burma, including to 
     individuals and groups that--
       (A) promote democracy and human rights;
       (B) represent the ethnic minorities of Burma;
       (C) broadcast radio and television programs into Burma that 
     promote democracy and report on human rights conditions 
     inside Burma; or
       (D) compile evidence of human rights violations by the SPDC 
     and its civilian militia, the Union Solidarity and 
     Development Association (USDA), and of the SPDC and its 
     entities' efforts to repress peaceful activities.
       (2) To provide aid to humanitarian workers who--
       (A) provide food, medical, educational, or other assistance 
     to refugees and internally displaced persons;
       (B) assist women and girls after incidents of rape and 
     other forms of sexual violence; or
       (C) assist in the rehabilitation of child soldiers.
       (c) Preventing Funds From Enriching the SPDC.--None of the 
     funding made available under this section may be provided to 
     SPDC-controlled entities, entities working with or providing 
     cash or resources to the SPDC, including organizations 
     affiliated with the United Nations, or entities requiring the 
     approval of the SPDC to operate within the borders of Burma.

     SEC. 5. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a report containing a list of countries, companies, 
     and other entities that provide military or intelligence aid 
     to the SPDC and describing such military or intelligence aid 
     provided by each such country, company, and other entity.
       (b) Military or Intelligence Aid Defined.--For the purpose 
     of this section, the term ``military or intelligence aid'' 
     means, with respect to the SPDC--
       (1) the provision of weapons, weapons parts, military 
     vehicles, or military aircraft;
       (2) the provision of military or intelligence training, 
     including advice and assistance on subject matter expert 
     exchanges;
       (3) the provision of weapons of mass destruction and 
     related materials, capabilities, and technology, including 
     nuclear, chemical, or dual-use capabilities;
       (4) conducting joint military exercises;
       (5) the provision of naval support, including ship 
     development and naval construction;
       (6) the provision of technical support, including computer 
     and software development and installations, networks, and 
     infrastructure development and construction; or
       (7) the construction or expansion of airfields, including 
     radar and anti-aircraft systems.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may include a 
     classified annex.

     SEC. 6. DENIAL OF FOREIGN TAX CREDIT WITH RESPECT TO BURMA.

       (a) In General.--Paragraph (2) of section 901(j) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(C) Special rule for burma.--In addition to any period 
     during which this subsection would otherwise apply to Burma, 
     this subsection shall apply to Burma during the period--
       ``(i) beginning on January 1, 2008, and
       ``(ii) ending on the date the Secretary of State certifies 
     to the Secretary of the Treasury that Burma meets the 
     requirements of section 3(a)(3) of the Burmese Freedom and 
     Democracy Act of 2003 (as in effect on the date of the 
     enactment of this subparagraph).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on January 1, 2008.

     SEC. 7. WAIVER OF COMPETITIVE NEED LIMITATION UNDER 
                   GENERALIZED SYSTEM OF PREFERENCES FOR CERTAIN 
                   ARTICLES OF INDIA AND THAILAND.

       (a) Waiver.--Not later than 60 days after the date of the 
     enactment of this Act, the President shall waive the 
     application of subsection (c)(2) of section 503 of the Trade 
     Act of 1974 (19 U.S.C. 2463) pursuant to subsection (d) of 
     such section (relating to waiver of competitive need 
     limitation) with respect to articles of Thailand and India 
     classifiable under subheading 7113.19.50 of the Harmonized 
     Tariff Schedule of the United States.
       (b) Sense of Congress.--It is the sense of Congress that 
     the President should--

[[Page 33675]]

       (1) review any waiver of the application of subsection 
     (c)(2) of section 503 of the Trade Act of 1974 pursuant to 
     subsection (d) of such section with respect to any eligible 
     article of any beneficiary developing country that is revoked 
     pursuant to subsection (d)4)(B)(ii) of such section; and
       (2) reinstate such waiver unless the United States 
     International Trade Commission affirmatively determines 
     that--
       (A) revocation of such waiver will not reduce the current 
     level of exports of such article from the beneficiary 
     developing country to the United States; and
       (B) revocation of the waiver will not benefit one or more 
     countries that are not designated as beneficiary developing 
     countries for purposes of title V of the Trade Act of 1974.

     SEC. 8. OFFSETS.

       (a) Time for Payment of Corporate Estimated Taxes.--The 
     percentage under subparagraph (B) of section 401(1) of the 
     Tax Increase Prevention and Reconciliation Act of 2005 in 
     effect on the date of the enactment of this Act is increased 
     by 0.25 percentage points.
       (b) Customs User Fees.--Section 13031(j)(3)(B)(i) of the 
     Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
     U.S.C. 58c(j)(3)(B)(i)) is amended by striking ``December 13, 
     2014'' and inserting ``January 24, 2015''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Meeks) and the gentleman from Texas (Mr. Poe) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. MEEKS of New York. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. MEEKS of New York. Mr. Speaker, I rise in strong support of this 
resolution, and I yield myself such time as I may consume.
  Mr. Speaker, just a few short months ago, Burma's Saffron Revolution 
unfolded before the eyes of the world. Buddhist monks draped in crimson 
robes peacefully marching through the streets of Rangoon. Tens of 
thousands of Burmese citizens joining the monks, echoing their calls 
for change. A chorus of world voices asking the Burma's ruling junta to 
respond peacefully and responsibly to cries for freedom and democracy.
  The reaction of the ruling regime to these peaceful demonstrations 
was equally as unforgettable. Unarmed monks shot in the streets, in 
full view of the international community. Thousands of peaceful monks 
hauled off to detention centers to be tortured. Political dissidents 
tossed in jail, facing years behind bars simply for criticizing the 
government.
  In recent days, loudspeakers across the country warn: ``We have 
video. We will find you,'' all in an Orwellian effort to intimidate 
Burma's people and deter them from their aspirations for democracy and 
a better life.
  This crackdown on nonviolent protesters and Buddhist monks by Burma's 
military thugs sets a new low of brutality even for this regime of 
military dictators.
  These brutal actions demonstrate the moral bankruptcy of the regime. 
Unfortunately, the regime is not economically bankrupt. It continues to 
take Burma's vast resources as its own while the vast majority of 
Burma's people suffer in dire poverty.
  The legislation before the House today hits the regime where it 
hurts, in the wallet. By blocking the import of Burmese gems into the 
United States and expanding financial sanctions, the legislation will 
take hundreds of millions out of the pockets of the regime each year.
  This legislation is supported by United States industry. The 11,000-
store Jewelers of America supports a ban of Burmese gem imports to the 
United States. Major retailers like Tiffany's and Bulgari have also 
voluntarily implemented such a ban.
  The bill before the House also cuts off tax deductions for Chevron's 
major gas investment in Burma. By closing this loophole, we can 
dramatically increase pressure on other civilized nations to similarly 
demand that their firms divest themselves of Burma holdings.
  This bipartisan bill strengthens our goal of a coordinated, 
multilateral approach to sanctions against Burma. The European Union 
recently announced a similar ban on the import of Burmese gems, as have 
the Canadians. I hope our legislation will push other countries to 
reexamine their financial dealings with the regime and the investment 
their oil companies make in Burma.
  Mr. Speaker, I am pleased to offer this legislation to strengthen the 
sanctions imposed by the 2003 Burmese Freedom and Democracy Act. In 
doing so, I am again joined by the ranking Republican member of the 
Foreign Affairs Committee, Ileana Ros-Lehtinen, and Mr. Peter King of 
the Homeland Security Committee, both of whom have been strong voices 
for freedom in Burma.
  Let me also express my appreciation to the chairman of the Ways and 
Means Committee, Mr. Rangel, and the chairman of the Trade 
Subcommittee, Mr. Levin, as well as their Republican counterparts, Mr. 
McCrery and Mr. Herger, for their enormous help in moving this bill 
forward.
  Finally, I would like to highlight the indispensable leadership of 
Speaker  Nancy Pelosi on this legislation. Since the first shots were 
fired in Rangoon, the Speaker has firmly indicated the intention of 
House Democrats to significantly tighten sanctions on the ruling 
Burmese regime. And today, we fulfill that promise.
  Mr. Speaker, Burmese freedom fighter and Nobel Laureate Aung San Suu 
Kyi memorably asked the world community, ``Use your liberty to promote 
ours.'' So today, we use our liberty in the United States Congress to 
dramatically increase the economic pressure on the Burmese regime to 
move towards freedom, democracy and respect for human rights.
  We use our liberty to stop the flow of blood red rubies from Burma 
into American jewelry stores. The Burmese regime might have washed the 
blood from the streets of Rangoon, but they have not erased the images 
of peaceful protesters being shot down from our minds. Today, we act, 
and we act decisively.
  Mr. Speaker, I reserve the balance of my time.
  Mr. POE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the world was rightfully shocked and outraged this past 
fall by reports of midnight raids on temples in Burma and televised 
images of monks and other peaceful demonstrators being shot down on the 
streets and arrested.
  Appeals for human decency and restraint have fallen on deaf ears with 
regard to Burma's generals. It is thus time to send them a message that 
they understand, a message that is loud and clear.
  The international community must no longer subsidize the leaders of 
this immoral regime by trading in the commodities they peddle on 
international markets. This rainbow coalition of contraband products 
for sale by the military junta has included red rubies, white opium, 
green jade and brown timber.
  The legislation put forward today sends a simple, but clear and 
strong message: It will not be business as usual for the people in 
Rangoon until they stop their suppression of their own people in the 
nation of Burma.
  Is there any Member here today who has any doubts about making 
economic sanctions against the current Rangoon regime permanent and 
hard hitting? This legislation has the full support of leaders of the 
American gem industry. They have seen the necessity of putting 
principle ahead of money and profit when it comes to the actions of the 
Burmese rogue regime.
  And this legislation also seeks to put the blame squarely on the 
backs of those who have earned it, the ruling generals and their 
families, and not on the backs of the Burmese people who have already 
suffered too much.
  It calls for frozen bank accounts for the generals, an ending to 
money laundering by the ruling junta, and no visas to the United States 
for those involved in the continuing acts of repression and no visas 
for their immediate families.

[[Page 33676]]

  The urgency with which we are here today in view of this issue of the 
restoration of the democratic rights to the people of Burma is 
demonstrated by the fact that already over 240 Members of this House of 
Representatives have agreed to cosponsor legislation giving official 
Congressional recognition to Nobel Peace Prize Laureate and Burma 
democratic leader Aung San Suu Kyi.
  H.R. 4286, introduced December 5 by Mr. Manzullo and Mr. Crowley, 
would award a Congressional Gold Medal to Aung San Suu Kyi in 
recognition of her courageous and unwavering commitment to peace, 
nonviolence, human rights, and democracy in Burma.
  There is no clearer indication than this legislation of the 
solidarity that exists between the people of the United States and the 
good people of Burma on the issues of human rights and democracy.
  This legislation is also fully in keeping with administration policy. 
In a statement made on October 19, following the latest series of 
bloody and tragic events, President Bush announced an executive order 
imposing additional sanctions on Burmese leaders and entities. The 
President also instructed the Commerce Department to tighten export 
control and regulation over Burma. On that occasion, the President 
noted that ``Burmese leaders continue to defy the world's just demands 
to stop their vicious persecution. They continue to dismiss calls to 
begin peaceful dialogue aimed at national reconciliation. Most of all, 
they continue to reject the clear will of the Burmese people who wish 
to live in freedom under leaders of their choosing.''
  The President concluded with these observations: ``The people of 
Burma are showing great courage in the face of immense repression. They 
are appealing for our help. We must not turn a deaf ear to their cries. 
I believe no nation can forever suppress its own people. And we are 
confident that the day is coming when freedom's tide will reach the 
shores of Burma.''
  This legislation provides an opportunity to send a strong, bipartisan 
and loud message that where human freedom is concerned, politics does 
stop at the water's edge.
  I rise today to urge my colleagues to join in voicing their 
enthusiastic support for a free Burma by supporting the Block Burmese 
JADE Act of 2007.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MEEKS of New York. Mr. Speaker, I reserve the balance of my time.
  Mr. POE. Mr. Speaker, I want to thank Chairman Lantos of the Foreign 
Affairs Committee, the author of this bill, for his efforts in 
introducing this bill. We have no other speakers at this time.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MEEKS of New York. Mr. Speaker, I include for the Record an 
exchange of letters between Chairman Rangel and Chairman Lantos on H.R. 
3890.

                                         House of Representatives,


                                  Committee on Ways and Means,

                                Washington, DC, December 10, 2007.
     Hon. Tom Lantos,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Mr. Chairman: I am writing regarding H.R. 3890, the 
     Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 
     2007, which was reported by the House Foreign Affairs 
     Committee on October 31, 2007.
       As you know, the Committee on Ways & Means has jurisdiction 
     over import matters, such as the import ban and restrictions 
     on imports imposed by the Block Burmese JADE Act of 2007. 
     Accordingly, certain provisions of H.R. 3890 fall under the 
     Committee's jurisdiction.
       There have been some productive conversations between the 
     staffs of our committees, during which we have proposed some 
     changes to H.R. 3890 that I believe help clarify the intent 
     and scope of the measure. My understanding is that there is 
     an agreement with regard to these changes.
       The following provisions of H.R. 3890 were among those 
     changed, added, or removed because they fell within the 
     Committee's jurisdiction:
       Section 3(a) (``Annual Renewal of Resolutions No Longer 
     Required''): This subsection was removed;
       Section 3(b) (Import Restrictions on Gemstones): This 
     subsection was removed and a new Section 3A (``Prohibition on 
     Importation of Certain Jadeite and Rubies and Articles of 
     Jewelry Containing Jadeite or Rubies'') was added;
       New Section 3A(a) (``Definitions'') contains definitions 
     for the terms ``Appropriate Congressional Committees,'' 
     ``Burmese Covered Article,'' ``Non-Burmese Covered Article,'' 
     ``Jadeite; Rubies; Articles of Jewelry Containing Jadeite or 
     Rubies,'' and ``United States'';
       New Section 3A(b) (``Prohibitions on Importation of Burmese 
     Covered Articles''): Provides that the President shall 
     prohibit the importation into the United States of any 
     Burmese covered article and use provided regulatory authority 
     as necessary; and the President shall take actions to seek a 
     draft waiver decision by the Council on Trade in Goods of the 
     World Trade Organization and adoption of a United Nations 
     General Assembly resolution;
       New Section 3A(c) (``Requirements for Importation of Non-
     Burmese Covered Articles''): Provides that the President, 
     beginning 60 days after the date of enactment, shall require 
     certain actions by the exporting country, exporter and 
     importer as a condition of importing non-Burmese covered 
     articles into the United States to ensure that the imported 
     articles do not contain Burmese jadeite or rubies;
       New Section 3A(d) (``Inapplicability''): Exempts certain 
     imports from the requirements of the Act;
       New Section 3A(e) (``Enforcement''): Provides that Burmese 
     covered articles and non-Burmese covered articles imported 
     into the United States in violation of the Act are subject to 
     all applicable laws of the United States;
       New Section 3A(f) (``Sense of Congress''): Provides that 
     the President should take the necessary steps to negotiate an 
     international agreement similar to the Kimberley Process 
     Certification Scheme for conflict diamonds; and
       New Section 7 (``Waiver of Competitive Need Limitation 
     Under Generalized System of Preferences For Certain Articles 
     of India and Thailand''): Provides for the reinstatement of 
     Generalized System of Preferences (duty-free treatment) for 
     specified Thai and Indian jewelry.
       To expedite this legislation for floor consideration, the 
     Committee will forgo action on this bill and will not oppose 
     its consideration on the suspension calendar. This is done 
     with the understanding that it does not in any way prejudice 
     the Committee or its jurisdictional prerogatives on this, or 
     similar legislation, in the future.
       I would appreciate your response to this letter, confirming 
     our understanding with respect to H.R. 3890, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the record.
           Sincerely,
                                                Charles B. Rangel,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                Washington, DC, December 10, 2007.
     Hon. Charles B. Rangel,
     Chairman, Committee on Ways and Means, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     3890, the Block Burmese JADE (Junta's Anti-Democratic 
     Efforts) Act of 2007.
       I appreciate your willingness to work cooperatively on this 
     legislation and the mutually agreed upon text that is being 
     presented to the House, including the amendments to H.R. 3890 
     reported by the Committee on Foreign Affairs, as described in 
     your letter. I recognize that the bill contains provisions 
     that fall within the jurisdiction of the Committee on Ways 
     and Means. I agree that the inaction of your Committee with 
     respect to the bill does not in any way prejudice the 
     Committee on Ways and Means or its jurisdictional 
     prerogatives on this or similar legislation in the future.
       I will ensure that our exchange of letters be included in 
     the Congressional Record.
           Cordially,
                                                       Tom Lantos,
                                                         Chairman.

  Mr. SMITH of New Jersey. Mr. Speaker, I'm proud to be an original 
cosponsor of this important resolution strengthening the Burmese 
Freedom and Democracy Act of 2003, and I want to thank my good friend 
and colleague, Chairman Lantos, for his continued leadership on this 
issue. It's an issue that concerns Members on both sides of the aisle 
and anyone who cares about freedom and human rights.
  The despicable actions of Burma's brutal regime in recent months are 
only the latest chapter in a long history of repression by that 
country's dictators. After their shocking murder and incarceration 2 
months ago of peaceful demonstrators, including Buddhist monks--the 
very symbols of the Burmese people's desire for peace--the Government 
thugs hope that our attention will turn elsewhere. They hope that the 
international outcry over the violence and humiliation of this fall 
will die down. But we are all too aware of the history of this regime 
to let that happen.
  If we turn our attention elsewhere, the regime will intensify the 
abuse and repeat these crimes again and again. Since the 1988 slaughter 
of several thousand peaceful demonstrators, the story of Burma has been 
a

[[Page 33677]]

constant saga of harassment, violence, and torture. The inhumane 
treatment of Nobel Peace Prize winner Daw Aung San Suu Kyi is only the 
most glaring example of the regime's efforts to stifle democracy--
unfortunately there are many others that don't get as many headlines.
  Members may recall that I have mentioned in the past how the military 
regime in Burma locked up a 19-year-old student from my district, 
Michelle Keegan, who had traveled to Burma in 1998 to mark in a 
peaceful way the 10th anniversary of those 1988 massacres. She and 
others were sentenced to 5 years in jail for distributing small 
leaflets calling for democracy in Burma.
  I, and others, were outraged, and agitated for the release of these 
young people. They wouldn't let us into the country, but they couldn't 
keep us quiet. If not for the attention of the U.S. Congress and the 
American people--and for the international pressure that resulted--who 
knows what would have happened to these students in the prisons of 
Burma? Thankfully, we gained their release.
  The Block Burmese JADE Act will tighten the noose on this murderous 
regime, expanding what this body has already done to isolate these 
criminals. Burma's junta continues to enrich itself from the country's 
vast natural resources while most of its people are mired in poverty. 
The generals and their families milk state-owned enterprises for all 
they're worth, getting their hands on much of the nearly $3 billion in 
annual revenues from oil and gas, timber and gems.
  By blocking further assets, imposing more severe import restrictions 
on Burmese gemstones, and expanding the visa ban on the regime's 
cronies, we will further limit its comfort zone. The regime will be 
less able to avoid U.S. sanctions--and U.S. companies will no longer be 
able to take tax deductions for investment in Burma.
  These measures alone won't bring about wholesale change in Burma. We 
need more help from our allies and from Burma's neighbors if we dare to 
hope for true freedom in that country. We need China to take a serious 
stand on the right side of this issue instead of remaining--as usual--
lined up against human rights and human dignity.
  But this strengthening of our law--this strengthening of our 
resolve--will take another concrete step in the right direction. It 
will also make an important statement to Burma's brutal dictators--and 
to the beleaguered pro-democracy activists in that country struggling 
under the yoke of military repression.
  Mr. HERGER. Mr. Speaker, I rise in support of extending additional 
import sanctions against the repressive Burmese military junta. This 
regime has steadfastly refused to make progress--not only with respect 
to its abhorrent and inexcusable human rights record, but also in 
preventing democracy to take root in Burma.
  This past July, the House and Senate passed a bill which renewed our 
import ban against all Burmese products. Unfortunately, shortly after 
our renewal of the ban, the situation in Burma took a grave turn for 
the worse. As we all know, in September 2007, Buddhist monks led 
demonstrations in Burma, which ultimately culminated in an estimated 
100,000 people marching through Rangoon. The peaceful protestors called 
for improvements in human rights, democratic processes, and the release 
of opposition leader and Nobel Peace Prize winner Aung San Suu Kyi, who 
still lives under unjustified house arrest.
  The Burmese regime responded to these peaceful demonstrations with a 
violent crackdown that led to deaths and hundreds more injuries. In 
addition, according to human rights groups, thousands of individuals 
have been arrested, tortured, or otherwise intimidated based on the 
regime's belief that these individuals participated in the protests.
  These recent events make clear that it is time to strengthen our 
sanctions by putting a full stop on trade in Burmese rubies and 
jadeite, the sales of which finance the Burmese regime. While we need 
to act unilaterally, we also need to structure our strengthened import 
ban in a way that encourages and paves the way for multilateral 
pressure on the military regime. A multilateral effort that truly 
squeezes the junta is the only way sanctions will lead to real, lasting 
reform.
  The Committee on Ways and Means, which has jurisdiction over import 
matters, has done just that. Working with the Foreign Affairs 
Committee, my committee was able to refine provisions so that all 
Burmese rubies and jadeite--and jewelry containing these Burmese 
stones--could fall under the purview of the current ban, even if the 
jewelry was made in, and exported from, a third country.
  While we believe the changes the Ways and Means Committee made to 
this legislation maximize our compliance with U.S. international 
obligations, the added provisions also open the door to building a 
multilateral consensus at the United Nations and World Trade 
Organization to prevent trade in Burmese rubies and jadeite. Modeled 
after the successful conflict diamonds legislation, the provisions my 
committee added are proven and administrable.
  At the same time, however, I am concerned about the provisions 
relating to the Generalized System of Preferences. While I understand 
the need to avoid unduly harming third countries affected by this ban, 
I believe that the approach outlined in this bill creates a number of 
problems and doesn't create a solid basis for holding these countries 
harmless. It is our expectation that there will be continued work with 
Chairman Rangel and the other body to solve these problems as this bill 
moves forward.
  For these reasons, I urge support of H.R. 3890, as amended.
  Mr. MEEKS of New York. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Meeks) that the House suspend the rules 
and pass the bill, H.R. 3890, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to amend the Burmese 
Freedom and Democracy Act of 2003 to impose import sanctions on Burmese 
gemstones, expand the number of individuals against whom the visa ban 
is applicable, expand the blocking of assets and other prohibited 
activities, and for other purposes.''
  A motion to reconsider was laid on the table.

                          ____________________