Approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes.

Madam President, I will speak briefly on the resolution.

Madam President, I wish to give just a little history to back up this resolution.

In 1997, former Senator William Cohen and I authored legislation, which required the President to ban new U.S. investment in Burma, if he determined that the Government of Burma had physically harmed, rearrested or exiled Aung San Suu Kyi or committed large-scale repression or violence against the democratic opposition. In fact, at that time, Secretary Albright met with the ASEAN nations and tried to encourage them to be of help. They were of no help, so the President, by Executive order, then instituted this investment ban.

In 2003, after the regime or some of its quislings attempted to assassinate Aung San Suu Kyi when she was on a march in the center of the country, Senator McConnell and I introduced the Burmese Freedom and Democracy Act of 2003, which placed a complete ban on imports from Burma. It allowed that ban to be renewed 1 year at a time. That is essentially what we are doing today. It was signed into law and has been renewed 1 year at a time since then.

I became involved in this struggle for peace and democracy in no small part due to the courage and valor of this wonderful woman. I think I admire her as much as any woman in the world. Her message of democracy, human rights, and the rule of law continues to inspire not only her fellow citizens but people all over this great world, with her courage and her resolve in the face of constant oppression.

For the past two decades, Burma's despotic military rulers have engaged in a campaign of persecution against Aung San Suu Kyi, tarnishing her image wherever they could, unjustly convicting her of violating an illegitimate house arrest last year, and extending her unlawful detention.

She has spent the better part of 20 years under house arrest. She has not seen her two sons who live in the United Kingdom for years. She was not permitted to visit her husband when he was dying of cancer in the United Kingdom.

Yet Aung San Suu Kyi remains resolute in her dedication to the pursuit of peaceful national reconciliation, as do the members of her political party, the National League for Democracy.

Now, more than ever, the people of Burma need to know that we stand by them and support their vision of a free and democratic Burma.

On May 6, her party, the National League for Democracy, closed its doors. Let me be clear. They did not shut down of their own free will; it was forced to disband by an unjust and undemocratic constitution and election law, both drafted in secret and behind closed doors by the ruling military junta.

Under the terms of the new constitution, 25 percent of the seats must be set aside for the military. Think about that for a moment. Before any vote has been cast, the military is guaranteed one-quarter of the seats in the new 440-member house of representatives.

How will this new institution be any different from the current military regime?

If that isn't enough to raise doubts about the military's commitment to a truly representative government, it should also be pointed out that the regime's Prime Minister, Thein Sein, and 22 Cabinet Ministers resigned from the army to form a new civilian political party, the Union Solidarity and Development Party.

Any seats won by this new party in the upcoming election will be in addition to the 25 percent set aside for active military members.

Does anyone truly believe the regime has embraced democracy and the concept of civilian rule? Unfortunately, it will be business as usual for the people of Burma and the democratic opposition.

What about Suu Kyi and her National League of Democracy--winners of the last free parliamentary election in 1990? First, earlier this year, the regime, which has not allowed the party, the NLD, to assume power, officially annulled its victory in the 1990 parliamentary elections, which would have made Suu Kyi the head of the Burmese Government.

Second, under the new constitution, Suu Kyi is barred from running in any future election.

Why is this? What has she done to deserve this?

Well, in 2009, an American swam across the lake to her house, uninvited, and remained there for 2 days. She did not know this man. She had never communicated with this man. She had nothing to do with him, but he was obviously exhausted after swimming across the lake, and he remained in her house for 2 days. She was then arrested and convicted for allowing him to remain in her house, which, according to the regime, violated the terms of her house arrest.

Because of this conviction, she cannot participate in this or any future election under the new constitution. So here is the only democratically elected leader--elected 20 years ago--under house arrest for the better part of those 20 years. She survived an assassination attempt. She is ostracized and kept from any interaction with her political colleagues or her family and, finally, she can never run for any office again.

As a result, the NLD was faced with a clear choice: either kick Aung San Suu Kyi out of the party and participate in the election or face extinction.

It should come as no surprise that the party refused to turn its back on Suu Kyi and give its stamp of approval to the regime's sham constitution and electoral law.

I applaud their courage and their devotion to democracy, human rights, and the rule of law.

I am saddened to see the regime close its doors, but the spirit and principles of this party will live on in the hearts and minds of its people. I know that, one day, they will be able to elect a truly representative government.

As Tin Oo, NLD's deputy leader and former political prisoner, said:

We do not feel sad. We have honor. One day, we will come

back; we will be reincarnated by the will of the people.

This is a clear message to the regime that an illegitimate constitution and election law cannot suppress the unyielding democratic aspirations of the people of Burma.

We must send our own signal to the regime that its quest for legitimacy has failed. We must send a signal to the democratic opposition that we stand in solidarity with them, and we will not abandon them.

I also thank former First Lady Laura Bush, who joined with virtually all the women of the Senate to hold a press conference back in 2007. Mrs. Bush was willing to use her First Lady status to support this cause. I think it is a gesture that will not be forgotten by any of us.

Now is the time to renew the import ban on all products from Burma for another year. The regime has taken many steps in the wrong direction.

I live for the time when this military junta will recognize that keeping this brave woman under house arrest, absent any interconnection with any of the people of her party or of her country for 20 years, is an unjust penalty.

Simply put, we still have hope. Hopefully, the military junta, as they are called, will one day recognize that Burma should be a free and democratic nation and that an election should be open to all people and all runners. Then the opportunity for major change and recognition of the people of Burma in the Council of Nations will take place.

I regret very much that we have to do this for another year. I am grateful to Senator McConnell for joining me over the years, as annually this has been recognized and a vote has been taken to continue the sanctions.

Yes, it is. The National League for Democracy in March

of this year indicated it could not participate in the elections due to the junta's repressive election law. It therefore declined to register as a political party and consequently under the new law was abolished as a political party in early May.

Yes, it is. The NLD has indicated it will try to continue to help the Burmese people in ways other than as a legally registered political party.

Yes, it is. There are several such references in the legislation as amended.

Yes. It is my view the proper statutory construction given the term ``National League for Democracy'' would be to include any appropriate successor entity, group or subgroups that the NLD may form in the future.

Mr. Speaker, I move to suspend the rules and pass the joint resolution (H.J. Res. 83) approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks.

Mr. Speaker, I yield myself such time as I may consume.

I want to thank my friend, Mr. Boustany, for being here this morning and joining in this resolution.

I rise in strong support of House Joint Resolution 83, a measure to renew the ban on imports from the country of Burma. The renewal of this bill is extremely important in the struggle for human rights and democracy in Burma. This measure, and other sanctions on Burma, prevent hundreds of millions of American dollars from getting into the hands of the military regime and funding its illegal activities.

We must never forget that the inspiration for this measure came from a remarkable woman, Nobel Peace Prize recipient Aung San Suu Kyi. She's the world's only imprisoned Nobel Peace Prize recipient. She and her political party, the National League for Democracy, have called on freedom-loving people throughout the world saying, and I quote, ``Please use your liberty to promote ours.''

That's what makes these sanctions categorically different from many other situations. The people of Burma support these sanctions.

I believe it's also important to remember that Burma's military regime, or its junta, is not simply a government that is rough on its own people. It is among the most brutal, maybe even the most brutal, regime in the world today.

The regime operates with complete impunity. The Burmese regime has recruited thousands of child soldiers, by some estimates more than any other country in the world today. The regime has destroyed over 3,500 ethnic minority villages, forcing hundreds of thousands of people to flee their homes in terror. Millions of these refugees live in neighboring countries like Thailand and Bangladesh.

The regime uses rape as a weapon of war against innocent Burmese women. Over 2,000 innocent civilians remain locked behind bars as political prisoners. And it's important to note that many of these abuses are not just human rights abuses; these are crimes against humanity. That is why the United Nations investigator on human rights in Burma called for an international investigation into war crimes and crimes against humanity in Burma. This is something I have been calling for myself for a very, very long time.

It is long overdue that the world acknowledges the regime, the junta, is guilty of many heinous crimes, and we must lead the effort to hold it accountable. As a first step, I hope the United States will go on record in acknowledging that the Burmese regime has continued crimes against humanity. At the same time, I hope the administration fully implements all the provisions of the Block Burmese JADE Act that we passed in 2008, including the tough banking sanctions enumerated into law. That also includes imposing tough financial sanctions on banks and companies propping up Burma's military regime and junta, even if those companies are not based in the United States themselves.

By passing the JADE Act, we gave the administration the authority to impose tough sanctions. Now it's time to make it happen. We don't have any time to wait. The Burmese regime is planning a sham election for this year that, without strong international action, will result in a government that is a wolf in sheep's clothing.

The regime has stacked the deck against the people of Burma so that the exact same military junta will be in power after the election. In fact, it is not really an election at all since the results are preordained. Aung San Suu Kyi is specifically barred from taking part in these elections. It would be a disservice to those struggling for freedom in Burma to recognize the results of this undemocratic and illegitimate election process.

The administration has worked hard I know to reach out to Burma's military regime and has urged them to change their ways. I believe those efforts, while worthwhile and valuable, have been completely and utterly rejected by the junta. In fact, the situation in Burma has grown worse. That's why now is the time to crank up the pressure on Burma's military junta.

I urge my colleagues to pass House Joint Resolution 83.

Mr. Speaker, I reserve the balance of my time.

I thank the gentleman for his comments. And I couldn't agree with him more that we do need to see more of a multilateral impact on Burma, particularly China, India, and the surrounding countries of Bangladesh and Thailand and such. And it's my hope that we will continue to see further isolation of Burma. And I think we continue to stretch out a hand to encourage the regime, but they continue to keep slapping it back. And I think now is not the time for recognition; now is the time for further isolation.

So I appreciate the comments of my colleague and friend from Louisiana (Mr. Boustany), and I know of his support for this.

Mr. Speaker, I have no further requests for time, and I reserve the balance of my time.

I appreciate my colleague's willingness to work with us in the future, and look forward to that as well on this and many other issues.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I join my colleague and friend on the Ways and Means Committee in strong support of H.J. Res. 83, which would continue the imposition of sanctions against the repressive regime in Burma for another year.

The purpose of imposing sanctions against Burma is to promote democracy, develop a respect for human rights, and improve living conditions for the Burmese people. Unfortunately, the ruling junta is still dedicated to working against, not toward those objectives. For that reason, I am in favor of continuing our practice of extending import sanctions against Burma for another year.

Burma's regime is one of the world's most repressive. And it continues to oppress democratic movements and humanitarian efforts. In reading the State Department's human rights report on Burma, I am appalled at the extent and scale of grave human rights violations. According to the State Department, this repugnant regime, in which military officers wield the ultimate authority at every level of government, routinely continues to abridge the right of citizens to change their government and commits to other severe human rights abuses. Specifically, government security forces allowed custodial deaths to occur, and committed extrajudicial killings, disappearances, rape, and torture. The regime detains civic activists indefinitely and without charge, and engages in harassment, abuse, and detention of human rights and pro-democracy activists.

Opposition leader Aung San Suu Kyi is still being falsely detained by the regime. And as of March 2010, the regime held an estimated 2,100 political prisoners. The army attacks ethnic minority villages. Violence and societal discrimination against women, recruitment of child soldiers, and trafficking in persons have continued. The regime also severely restricts freedom of assembly, expression, association, movement, and religion.

In addition, I am very concerned that the regime has taken steps that seem to guarantee that the elections that will be held in Burma later this year will not, in the words of the State Department, be transparent, inclusive, or credible. And I am still disappointed that there has not been additional multilateral pressure against this regime.

I strongly urge the administration to put more pressure on our trading partners and the United Nations to put the leaders of this regime and its cronies under targeted economic pressure that denies them access to personal wealth and sources of revenue. I call on the United Nations, Burma's Southeast Asian neighbors in ASEAN, and the People's Republic of China to step up engagement considerably.

I am pleased that this Congress amplified our sanctions 2 years ago to eliminate trade in jewelry containing Burmese rubies and jadeite, even if the jewelry was made in and exported from a third country. The expansion was designed to bring about multilateral pressure on the regime through the United Nations and World Trade Organization, similar to successful legislation on conflict diamonds. We are still in the process of assessing the effectiveness of that law.

The General Accountability Office reported to us several months ago on the effectiveness of the expanded sanctions, and we are considering its recommendations for improving the administration of the program and assuring that legitimate trade in these stones is not constrained. I must be clear that I generally view import sanctions with great skepticism. However, if there is a right way to impose sanctions, I think these Burma sanctions are crafted to maximize their ability to effect change.

For example, 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 so we can make an informed decision. 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 consider this issue and 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 economic pressure on this regime. I support this resolution because it increases our chances to bring about this multilateral effect.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I have no further Members wishing to speak on this issue, and I am prepared to yield back my time. I look forward to working with my colleague on the Ways and Means Committee in this effort to hopefully change this regime's behavior.

Mr. Speaker, I yield back the balance of my time.

Madam President, today our colleagues will vote on H.J. Res. 83, which would extend sanctions on the Burma regime for another year. As in years past, I am joined in this effort by my good friend, Senator Dianne Feinstein. Alongside the 2 of us are 66 other cosponsors, including Senators McCain, Durbin, Gregg, and Lieberman.

This overwhelming bipartisan support for sanctioning the junta reflects the clear view of more than two-thirds of the Senate that the generals currently ruling Burma should be denied the legitimacy they are pursuing through this year's sham elections.

Renewing sanctions against the military regime in Burma is as timely and as important as ever. The ruling State Peace and Development Council is continuing its efforts to try to stand up a farcical new Constitution by holding bogus elections. These elections--whenever they take place--will be dubious for a number of reasons. First, the junta continues to imprison Nobel Peace Prize laureate and prodemocracy leader Aung San Suu Kyi. The generals have made it clear they will prevent her from participating in any government under the new Constitution.

Second, the military leadership effectively forced Suu Kyi's party, which overwhelmingly won the last Democratic election way back in 1990, to shutter its operation.

Third, the Burmese electoral watchdog, which is essentially an arm of the SPDC, recently issued rules on campaigning that are ludicrous on their very face. For instance, they prohibit a variety of electioneering activities such as organizing marches, holding flags, and chanting slogans.

As if things in Burma on the election front were not alarming enough, the potential security threat posed by the regime has become increasingly worrisome. The last several months have continued to produce press reports of ties between Burma and North Korea, including particularly alarming indications of alleged weapons transfers from Pyongyang.

I am hopeful the time will soon come when sanctions against the Burmese Government will no longer be needed and that, as did South Africa in the early 1990s, the people of Burma will be able to free themselves from their own government. However, as recent events indicate, the Burmese junta maintains its iron grip on its people and continues to carry out a foreign policy that is inimical to U.S. objectives.

For these reasons, the United States must deny this regime the legitimacy it so craves and await the day when the Burmese people will be permitted to govern their own affairs.

Madam President, I rise for a colloquy with my colleague, the senior Senator from California, to discuss interpretation of the Burmese Freedom and Democracy Act, as amended.

I ask my Democratic colleague, who is the lead cosponsor of this legislation, is it her understanding that the prodemocracy National League for Democracy party has officially decided to boycott the upcoming 2010 Burmese elections.

In light of the NLD's boycott of the elections and its consequent dissolution under Burmese law, is it my friend's understanding that the NLD may be driven underground as a result of its decision or be forced to reconstitute itself in some other capacity?

Is it the understanding of the senior Senator from California that the Burmese Freedom and Democracy Act, as amended by the Tom Lantos Block Burmese JADE Act, makes several references to the ``National League for Democracy''?

Is it also the Senator's understanding that references to the ``National League for Democracy'' should be interpreted to include any appropriate successor entity to the NLD, be it a nongovernmental organization or some other comparable group?

I thank my friend for clarifying this matter. It appears that both cosponsors are in full agreement on the proper means of interpreting this term.

I yield the floor.

Madam Speaker, today I rise in support of H.J. Res. 83, 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. 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 3,500 ethnic villages, displaced approximately 2,000,000 Burmese people, more than 500,000 of which are internally displaced, and arrested approximately 2,100 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.

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. In 2008, 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 Obama Administration promptly 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.