[Congressional Record (Bound Edition), Volume 155 (2009), Part 14]
[House]
[Pages 18520-18523]
[From the U.S. Government Publishing Office, www.gpo.gov]




           APPROVING RENEWAL OF IMPORT RESTRICTIONS ON BURMA

  Mr. LEVIN. Madam Speaker, I move to suspend the rules and pass the 
joint resolution (H.J. Res. 56) approving the renewal of import 
restrictions contained in the Burmese Freedom and

[[Page 18521]]

Democracy Act of 2003, and for other purposes, as amended.
  The Clerk read the title of the joint resolution.
  The text of the joint resolution is as follows:

                              H.J. Res. 56

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

TITLE I--APPROVING THE RENEWAL OF IMPORT RESTRICTIONS CONTAINED IN THE 
               BURMESE FREEDOM AND DEMOCRACY ACT OF 2003

     SEC. 101. AMENDMENT TO BURMESE FREEDOM AND DEMOCRACY ACT OF 
                   2003.

       Section 9(b)(3) of the Burmese Freedom and Democracy Act of 
     2003 (Public Law 108-61; 50 U.S.C. 1701 note) is amended by 
     striking ``six years'' and inserting ``nine years''.

     SEC. 102. RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE 
                   FREEDOM AND DEMOCRACY ACT OF 2003.

       (a) In General.--Congress approves the renewal of the 
     import restrictions contained in section 3(a)(1) and section 
     3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act 
     of 2003.
       (b) Rule of Construction.--This joint resolution shall be 
     deemed to be a ``renewal resolution'' for purposes of section 
     9 of the Burmese Freedom and Democracy Act of 2003.

     SEC. 103. 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 ``January 31, 2018'' and inserting 
     ``February 7, 2018''.

     SEC. 104. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect on the date of the enactment of this joint resolution 
     or July 26, 2009, whichever occurs first.

        TITLE II--TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Corporate Estimated Tax 
     Shift Act of 2009''.

     SEC. 202. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

       (a) Repeal of Adjustments for 2010, 2011, and 2013.--
       (1) In general.--Section 401 of the Tax Increase Prevention 
     and Reconciliation Act of 2005 (and any modification of such 
     section contained in any other provision of law) shall not 
     apply with respect to any installment of corporate estimated 
     tax which (without regard to such section) would otherwise be 
     due after December 31, 2009.
       (b) Adjustment for 2014.--Notwithstanding section 6655 of 
     the Internal Revenue Code of 1986--
       (1) in the case of a corporation with assets of not less 
     than $1,000,000,000 (determined as of the end of the 
     preceding taxable year), the amount of any required 
     installment of corporate estimated tax which is otherwise due 
     in July, August, or September of 2014 shall be 100.25 percent 
     of such amount, and
       (2) the amount of the next required installment after an 
     installment referred to in paragraph (1) shall be 
     appropriately reduced to reflect the amount of the increase 
     by reason of such paragraph.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Levin) and the gentleman from Texas (Mr. Brady) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. LEVIN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. LEVIN. I yield myself such time as I may consume.
  Madam Speaker, I urge Members to support this joint resolution which 
extends and renews the import ban on products of Burma under the 
Burmese Freedom and Democracy Act of 2003. The joint resolution is 
necessary because the troubling human rights conditions in Burma 
persist, and thus renewal of the import ban is warranted.
  Burma's military junta continues to be one of the world's most 
repression and abusive regimes. And while some have voiced concerns 
about the effectiveness of unilateral sanctions, Burma remains a major 
violator of basic human rights, which is why it is so important to 
renew the import ban for another year.
  For over 45 years, Burma has been under the rule of authoritarian 
military regimes, all dominated by the majority Burman ethnic group. 
Not only have these military rulers suppressed democracy, but they have 
continually denied basic human rights to their own citizens. The Burma 
regime continues to hold Nobel Laureate Aung San Suu Kyi under house 
arrest. She has been detained for 14 of the last 20 years and is 
currently on trial because an uninvited American swam to her lakeside 
home in May of this year. Most expect that she will be found guilty of 
violating the terms of her house arrest, extending her detention, and 
giving the junta an excuse to hold her through next year's elections.
  Burma's legal system is a mockery to justice and to democratic 
principles. In addition to the wrongful detention and the current sham 
trial of Suu Kyi, nearly 2,000 additional political prisoners are being 
held, most without ever being formally charged. The military regime 
continues the practice of arbitrarily arresting and detaining regular 
citizens and pro-democracy activists. This past weekend, at least 50 
members of the opposition National League for Democracy party were 
participating in the official ceremony marking the death of General 
Aung San, the country's independence hero.
  These political activists were released later in the day. Other 
activists are not so fortunate. They often disappear for days, weeks 
and months, and some may never return. In prison they are subjected to 
physical abuse, receive little food, lack clean water and are refused 
sufficient medical care. They suffer, and so do their families, who may 
never discover the fate of their loved ones. But Burma's disregard for 
basic human rights extends far beyond its prison's walls. Violence and 
ethnic discrimination against children, women and ethnic minorities 
continue unabated.
  For instance, there have been a number of reports of Burmese soldiers 
raping and killing teenage girls of the Karen minority. Those who 
commit these despicable acts are rarely, if ever, brought to justice by 
this repressive regime.

                              {time}  1845

  Additionally, workers' rights remain restricted; women and girls 
continue to be subjected to trafficking for purposes of prostitution; 
and children are often forced into military service.
  Forced labor is frequently used to support military operations and 
infrastructure. Villagers are forced to build and repair military 
camps, often with materials they must buy or provide themselves.
  It is Burma's suppression of democratic principles such as freedom of 
speech and assembly, and the regime's refusal to provide basic human 
rights, that leads me to urge my colleagues to extend the ban on the 
import of Burmese products for another year.
  I commend Prime Minister Gordon Brown and Secretary General Ban Ki-
Moon for their recent statements calling on the junta to end its 
oppression, and I hope that nations around the world, and in particular 
China and India and the ASEAN member countries, will work with the 
United States to pressure the Burmese military regime to embrace reform 
and address its troubling human rights record. Secretary Clinton's 
attendance at this week's ASEAN summit presents an important 
opportunity to renew this work.
  Madam Speaker, I reserve the balance of my time.
  Mr. BRADY of Texas. Madam Speaker, I yield myself as much time as I 
may consume.
  Madam Speaker, I rise in support of House Joint Resolution 56. Our 
Burma sanctions are meant to promote democracy, develop respect for 
human rights, and improve living conditions for the Burmese people. 
Unfortunately, the ruling junta is still working against, not toward, 
these objectives. For that reason, I am in favor of reauthorizing our 
overall sanctions program against Burma for another 3 years and 
extending import sanctions against Burma for another year.
  Burma's regime is one of the world's most oppressive and continues to 
oppress democratic movements and humanitarianism. Opposition leader 
Aung San Suu Kyi is still being falsely detained by the regime, now on 
sham charges. As of April 2009, the regime held an estimated 2,100 
political prisoners, more than 150 of whom were recently sentenced to 
prison terms of up

[[Page 18522]]

to 104 years. Many of these prisoners were held for nearly a year 
without charge and were convicted of offenses relating to the 
participation in pro-democracy movements. The regime also jailed three 
lawyers representing opposition activists for contempt when the 
attorneys merely argued that the trials of their clients lacked due 
process. The regime also severely restricts freedom of assembly, 
expression, association, movement, and religion.
  The Burmese regime does not limit its repugnant behavior to civic 
activists. Extrajudicial killings, rape, torture, recruitment of child 
soldiers, and forced labor are routine. Moreover, the regime has 
actually worked against the interests of its people following the May 
2008 cyclone. Due to the regime's practice of applying unreasonable 
restrictions to humanitarian assistance to workers, the area the 
cyclone hit hardest continues to be in dire need of assistance.
  The leaders of the regime will have greater incentive to cooperate 
with United Nations diplomatic efforts, their southeast Asian neighbors 
in ASEAN, and the Peoples Republic of China if its leaders and cronies 
come under targeted economic pressure that denies them access to 
personal wealth and sources of revenue. Some Burmese businesspeople 
with ties to the junta are now starting to feel the pinch, but there is 
a long way to go.
  Another reason to reauthorize the sanctions program and extend the 
import ban for another year is that this Congress amplified the program 
last summer. The expansion eliminated trade in jewelry containing 
Burmese rubies and jadeite, even if the jewelry was made in, and 
exported from, a third country. It was designed to bring about 
multilateral pressure on the regime through the United Nations and the 
World Trade Organization, similar to successful legislation on conflict 
diamonds.
  We are still in the process of assessing the effectiveness of the new 
law. The Government Accountability Office will be reporting to us this 
fall on the effectiveness of the expanded sanctions and will be making 
recommendations for improving administration of the program. It would 
be unwise for us to allow the lapse of this sanctions program without 
having the benefit of the GAO's research and report.
  I view import sanctions with great skepticism and always have, but 
these Burma sanctions are crafted to maximize their ability to effect 
change. For one, they require the administration to issue annual 
reports on Burma that include whether U.S. national security, economic, 
and foreign policy interests are being served.
  On this point, I note that the administration transmitted this year's 
statutorily required report late last night. We're still waiting for 
the administration to articulate its overall Burma policy. The State 
Department announced it would be conducting a high-profile review of 
U.S. policy some 6 months ago, but it's not out yet; and our Secretary 
of State will be showing up at ASEAN meetings tomorrow and Thursday 
with no new vision.
  Perhaps the most critical aspect of the Burma sanctions program is 
that they require us to redirect our attention every summer to the 
question of whether these sanctions should be continued. They are not 
self-executing. We here in Congress must vote to continue them on an 
annual basis.
  I continue to believe that our greatest hope for effecting real 
change in Burma is multilateralism. The whole world, particularly China 
and the ASEAN countries, must put real economic pressure on the regime. 
I support this resolution because it increases our chance to bring 
about this multilateral effort.
  I reserve the balance of my time.
  The SPEAKER pro tempore. Without objection, the gentleman from New 
York will control the remaining time on H.J. Res. 56 on behalf of the 
majority.
  There was no objection.
  Mr. CROWLEY. Madam Speaker, at this time I yield myself as much time 
as I may consume.
  Madam Speaker, I rise this evening in support of the Burmese Freedom 
and Democracy Act, and let me thank both our friend from Texas for his 
comments, as well as my friend from Michigan, Mr. Levin, for his 
comments as well with regard to this legislation.
  This legislation was first enacted in 2003 under the leadership of 
former chairman of the House Foreign Affairs Committee and my good 
friend, Tom Lantos. Tom spent his life fighting for freedom and 
democracy for those who could not fully defend themselves. He is 
greatly missed here in the House of Representatives, but his legacy 
remains, and I have been proud to help carry on his efforts to secure 
democracy in Burma.
  Former Chairman Lantos would be pleased that we are considering the 
Burmese Freedom and Democracy Act. This legislation will reauthorize 
the current sanctions on imports from Burma's military regime for an 
additional 3 years, as well as maintain the ban on the importation of 
jade and other gems from Burma.
  I introduced the Burmese Freedom and Democracy Act because we must 
show the military regime currently ruling with an iron fist in Burma 
that there are consequences for their actions. Burma's military regime 
has carried out a brutal campaign against its own people. It has 
destroyed 3,000 villages, forced over 1 million people to flee as 
refugees, and has used rape as a weapon of war, and has pressed 
millions of civilians into forced labor, modern day slave labor.
  The junta has also rejected recent diplomatic outreach, which would 
have been well received in the global community. Specifically, the 
junta refused United Nations Secretary General Ban Ki-Moon's request to 
release political prisoners, including Aung San Suu Kyi, the leader of 
the nonviolent movement for democracy and human rights in Burma.
  Not only did the junta refuse Aung San Suu Kyi's release, they even 
refused Ban Ki-Moon's request to meet with him.
  The Burmese regime must be stopped. If passed, the Burmese Freedom 
and Democracy Act will supplement President Obama's actions on May 15, 
when he renewed investment prohibitions against the Burmese military 
regime that began during President Clinton's term in office.
  The United States is not alone in using sanctions as part of a 
diplomatic strategy to help promote change in Burma. The European Union 
renewed its Common Position on sanctions; and Canada, Australia, and 
New Zealand and others have unilaterally imposed their own 
restrictions.
  Aung San Suu Kyi and the other legitimate leaders of Burma have also 
called on the world to impose sanctions on their own country, just as 
Desmond Tutu and the leaders of the struggle to end apartheid in South 
Africa called for sanctions on South Africa in the 1980s.
  We must maintain our sanctions against the junta in Burma, and I call 
on all my colleagues to vote for the renewal of the Burmese Freedom and 
Democracy Act.
  And with that, Madam Speaker, I reserve the balance of my time.
  Mr. BRADY of Texas. Madam Speaker, we have no further speakers; and 
in support of this resolution, I would yield back the balance of my 
time.
  Mr. CROWLEY. I thank the gentleman from Texas. Madam Speaker, at this 
point in time, we have no further speakers.
  Mr. KING of New York. Madam Speaker, today I rise in support of H. J. 
Res. 56, a resolution approving the renewal of import restrictions 
contained in the Burmese Freedom and Democracy Act, P.L. 108-61. I am 
proud to have once again introduced this legislation this year with the 
gentleman from New York, Mr. Crowley.
  In 2003 Congress passed the Burmese Freedom & Democracy Act, 
legislation that I co-authored with my friend, the late Tom Lantos. 
President Bush signed this bill into law and we have reauthorized these 
import restrictions every year since. The legislation bans imports from 
Burma and the issuance of visas to those officials affiliated with the 
State Peace and Development Council, SPDC, the military junta that 
rules Burma and brutally represses its people. This law also bans U.S. 
financial transactions that involve individuals or entities connected 
with the SPDC.
  These sanctions are critically important to keeping the pressure on 
the Burmese junta.

[[Page 18523]]

The government continues to have one of the worst human rights record 
in the world and routinely violates the rights of Burmese citizens, 
including the systematic use of rape as a weapon of war, extrajudicial 
killings, arbitrary arrests and detention, torture, as well as slave 
and child labor. The Burmese regime has destroyed more than 3,000 
ethnic villages, displaced approximately 2,000,000 Burmese people, more 
than 500,000 of which are internally displaced, and arrested 
approximately 1,300 individuals for expressing critical opinions of the 
government. And it continues to detain Aung San Suu Kyi, the head of 
the National League for Democracy and the democratically elected leader 
of Burma, on bogus charges that she violated the terms of her house 
arrest. She is currently on trial and faces up to five additional years 
of confinement.
  We must continue to stand with the Burmese people and expose the 
despicable and reprehensible actions of the SPDC. Sanctions are 
critical to putting pressure on the junta. Last year Congress passed 
and President Bush signed into law Tom Lantos Block Burmese JADE Act, 
P.L. 110-286, which bans the importation of Burmese gems into the 
United States and freezes the assets of Burmese political and military 
leaders. But we still need others to follow ours and the EU's lead. The 
Association of Southeast Asian Nations, ASEAN, and the United Nations 
Security Council, UNSC, must impose multilateral sanctions against 
Burma's military regime including a complete arms embargo.
  Finally, it is my hope that the new Administration promptly completes 
its policy review toward Burma, implements all the provisions of the 
Tom Lantos Block Burmese JADE Act, appoints a Special Coordinator for 
Burma, and supports the establishment of UNSC Commission of Inquiry on 
Burma.
  I urge adoption of the resolution.
  Mr. CROWLEY. I yield back the balance of our time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Levin) that the House suspend the rules 
and pass the resolution, H.J. Res. 56, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________