Calling for the immediate resignation of Alejandro Nicholas Mayorkas, Secretary of Homeland Security.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5497) to authorize humanitarian assistance and civil society support, promote democracy and human rights, and impose targeted sanctions with respect to human rights abuses in Burma, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 5497, as amended.

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

Mr. Speaker, I rise today in strong support of H.R. 5497, the BURMA Act of 2022, which I have introduced, alongside Representative Steve Chabot, the ranking member of the Asia, the Pacific, Central Asia, and Nonproliferation Subcommittee, who I want to thank for working in a bipartisan way.

I also want to thank Foreign Affairs Committee Ranking Member Michael McCaul for working with me in a bipartisan way on this very important and very timely bill.

Mr. Speaker, democracy is under severe strain across the globe, and the current crisis in Burma is a stark reminder of this challenge.

It has been just over a year since the Burmese military staged an illegal and illegitimate coup d'etat, seizing control of the Union Government and detaining a broad cross section of democratically elected civilian leaders. As the military upended Burma's fragile transition to democracy, it began a widespread suppression of fundamental freedoms.

Over the past 14 months, the military's brutal and senseless violence has resulted in more than 1,700 people killed, including over 100 children. Thousands have been unjustly detained, and nearly half a million people have been displaced by the military's violence.

Congress cannot, cannot and must not, stand idly by as the military brutally kills its people. As the war in Ukraine has reminded us, America must stand up with freedom-loving people everywhere.

The Burmese people have courageously resisted the military's repression and violence. They have organized a civil disobedience movement to erode the military's ability to govern. A shadow government, the National Unity Government, has emerged to restore democratic civilian rule. All they are asking of us is that the world come to their aid and their cause.

The Biden administration has taken critical steps to stand with the Burmese people, and I want to commend Secretary Blinken's formal determination last month that the Burmese military committed genocide and crimes against humanity against Rohingyas, something that was long, long overdue, and which I advocated for in this current bill.

But now it is Congress' turn to act. The important resolutions, statements of condemnation, and letters of solidarity this body has sent over the past 14 months are important, but not sufficient. The people of Burma need us to do more. Frankly, the Burmese military's gross abuses demand that we do more.

H.R. 5497 is a comprehensive, bipartisan bill that holds the Burmese military accountable through targeted sanctions, puts pressure on the junta by urging greater action at the United Nations, and calling for a Special Coordinator for Burmese Democracy.

It authorizes humanitarian assistance for the hundreds of thousands of Burmese citizens that have been internally displaced or fled across the border. It calls on the State Department to document the genocide and the crimes against humanity committed against Rohingyas and other Burmese ethnic minorities.

The same military leaders which perpetuated a genocide against Rohingya are now using the same tactics to unleash unprecedented bloodshed across the entire country. We must end the impunity of the Burmese military and make it harder for it to enact its brutality.

And to every member of the Burmese ruling elite that does not support the pathway taken by General Min Aung Hlaing, let me say to you loud and clear: Now is the time for you to think about your country's future and defect, defect, because the Burmese people and the international community will remember which side you stood on.

The economic and diplomatic pressure that this bill applies is essential to changing the junta's calculus and forcing it to the negotiating table. By passing this legislation, we will take a meaningful step, not just to stand up with the Burmese people, but also to help bring this crisis to an end.

Therefore, before this bill becomes law, I look forward to working with my colleagues in a bipartisan way to refine the sanctions in this bill so that they remain relevant and effective.

Thus, I urge my colleagues to support this measure so that we can move it one step closer to the President's desk.

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

House of Representatives,

Committee on Financial Services,

Washington, DC, April 5, 2022.

Hon. Gregory Meeks,

Chairman, Committee on Foreign Affairs,

House of Representatives, Washington, DC.

Dear Mr. Chairman: I am writing concerning H.R. 5497, the

BURMA Act of 2022. In order to permit H.R. 5497 to proceed

expeditiously to the House Floor, I agree to forgo formal

consideration of the bill.

The Committee on Financial Services takes this action to

forego formal consideration of H.R. 5497 in light of our

mutual understanding that, by foregoing formal consideration

of H.R. 5497 at this time, we do not waive any jurisdiction

over the subject matter contained in this or similar

legislation, and that our Committee will be appropriately

consulted and involved as this or similar legislation moves

forward with regard to any matters in the Committee's

jurisdiction. The Committee also reserves the right to seek

appointment of an appropriate number of conferees to any

House-Senate conference involving this or similar legislation

that involves the Committee's jurisdiction and request your

support for any such request.

Finally, I would appreciate your response to this letter

confirming this understanding, and I would ask that a copy of

our exchange of letters on this matter be included in the

Congressional Record during Floor consideration of H.R. 5497.

Sincerely,

Maxine Waters,

Chairwoman.

Mr. Speaker, I don't think I have any further speakers, so I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume for the purpose of closing.

Mr. Speaker, Congress must do more to address this crisis in Burma, and H.R. 5497, the BURMA Act of 2021, will do just that. It will take concrete steps to hold the Burmese military accountable for its coup and for the perpetration of gross human rights violations and other unspeakable atrocities.

This bill, Mr. Speaker, sends a strong and unequivocal message that there are severe consequences for subverting democracy, and that the United States of America stands firmly with the Burmese people in their struggle for human rights and their democracy.

Mr. Speaker, I hope all of my colleagues, all 435 of us, will join me in supporting this bill, and I yield back the balance of my time.

Mr. Speaker, the Smith-Norcross amendment to the Fiscal Year 2023 NDAA directs the Army Corps of Engineers to ensure high-quality workmanship on federal construction projects by providing each of their districts with clarifying, uniform guidance and to enforce compliance more strongly with already existing laws--especially the Davis-Bacon Act--that mandate proper worker classification and the corresponding wages.

Additionally, it requires the Corps to investigate worker classification complaints and third-party related complaints within 30 days of filings and reaffirms transparency and disclosure requirements for certified payroll reports.

For years, we have witnessed disingenuous contractors purposely hire underqualified workers for military construction projects and put them in high-skilled jobs for which they lack the needed expertise--a practice known as ``worker misclassification''. These contractors dishonestly undercut their more skilled, better-value competitors, only to have those important projects mismanaged, understaffed, delayed, unfinished, and in some cases, rebid--then properly redone by high- skilled tradesmen and women who should have gotten the job in the first place.

There are two different types of misclassification: craft misclassification and independent contractor misclassification. Craft misclassification occurs when dishonest contractors misclassify high- skilled workers as general laborers or lower wage classifications in order to avoid paying the higher prevailing wage rate applicable to the high-skilled work actually performed. Independent contractor misclassification occurs when contractors misclassify employees as independent contractors to avoid paying prevailing wages thereby reducing labor costs and avoiding state and federal taxes.

These practices deny workers of their rights to critical benefits and protections, including

prevailing wages, worker's compensation, and unemployment insurance; and communities suffer because misclassification results in lower tax revenues for federal, state, and local governments.

Additionally, the end product is often compromised by shoddy workmanship which can lead to do-overs and substantial cost overruns.

Congress has passed laws to prevent such problems and punish the offenders. The Davis-Bacon Act is critical in this effort as it requires contractors working on certain federally funded construction projects to pay their workers a prevailing wage to ensure that our federal projects are completed by skilled workers who have been properly trained, classified, and paid according to their expertise and locality. The Act stands as a check and balance designed to protect employees from low-wage, low-bidding contractors who look to do the job cheaply while hurting the workers and the client, i.e. the federal taxpayer.

When it comes to domestic construction projects, the Army Corps of Engineers procures more than most divisions of the Department of Defense. As recently as 2019, the Corps obligated over $11 billion for domestic construction contracts, according to the Government Accountability Office (GAO)--the federal government's ``watchdog'' agency.

Each federal agency is primarily responsible for enforcing the Davis- Bacon protections at its construction worksites. The Army Corps has a lot of construction projects and federal construction monies to properly oversee. Unfortunately, federal construction projects in my district, including Army Corps projects at Joint Base McGuire-Dix- Lakehurst--have fallen short in oversight and compliance and have run into trouble with unqualified, subpar bidders who avoid hiring needed skilled workers. We have seen cases of sophisticated work--HVAC, plumbing and sheet metal--needing to be ripped up and redone after the irresponsible bidders failed to properly do the work.

To combat this persistent problem and ensure these important laws are being enforced, in 2019, Congress passed an amendment I authored, cosponsored by Congressman Norcross, to the 2020 NDAA directing the GAO to study the contracting practices of the Corps with a focus on the monitoring and enforcement of the Davis-Bacon Act.

The GAO conducted its audit from May 2020 to March 2021 examining Corps guidance, relevant documents about the Davis-Bacon Act, Department of Labor guidance and other relevant laws and regulations. They conducted semi-structured interviews in four Army Corps district offices--Louisville, New Orleans, New York and Walla Walla--based on the district's activities and representing ``various geographical areas in the U.S. and a mixture of volume and type of construction contracts (e.g. military and civil projects)''. They interviewed Corps headquarters officials, DOL officials and four external groups including two labor unions and two trade associations.

The GAO said that ``monitoring, including payroll reviews and on-site inspections, are key to ensuring that the Corps enforces contractor's compliance with the Davis-Bacon Act''.

But the report also described implementation inconsistencies across the various districts that can easily lead to gaps in compliance with Davis-Bacon.

The GAO concluded that aspects of the reviews and on-site inspections ``may not be sufficient.'' They found that ``Corps documents lack information'' and said that ``In the absence of directions to consistently document on-the-ground conditions, like the number of employees on site'' district officials ``may not be fully using on-site inspection to ensure contractors' compliance with the [Davis-Bacon] Act.''

Ultimately, the GAO recommended that the Army Corps provide clarifying information on how they conduct payroll reviews and document on-site inspections to ensure the proper monitoring of the number of workers and work performed.

More work remains to be done to implement these recommendations and crack down on this harmful practice.

Today's amendment addresses those problems and instructs the Corps' to fully comply with relevant federal laws and regulations for: building quality facilities--labs, hangars, housing, and workspaces-- for our military men and women; providing an honest wage for construction workers; and providing the best investment for the taxpayer.

Mr. Speaker, working with partners such as the AFL-CIO, North America's Building Trades Unions, New Jersey trades like the IBEW and the Plumbers and Pipefitters, and my friend, Congressman Norcross, we can finally ensure that military construction is done with the best possible workmanship, that we make best use of the hardworking Americans' taxpayer dollars, and that the men and women who work with our military are treated fairly.

Mr. Speaker, I include in the Record a report from the Associated Press detailing the detention of AP reporter Thein Zaw by Burmese authorities.

[From the AP, Mar. 12, 2021]

Myanmar Court Extends Detention of AP Journalist

Yangon, Myanmar (AP).--A court in Myanmar extended on

Friday the pretrial detention of an Associated Press

journalist who was arrested while covering demonstrations

against a coup. He is facing a charge that could send him to

prison for three years.

Thein Zaw, 32, was one of nine media workers taken into

custody during a protest on Feb. 27 in Yangon, the country's

largest city, and has been held without bail. His next

hearing at the Kamayut Township court will be on March 24.

Friday's hearing, which Thein Zaw attended via

videoconference, came at the end of his initial remand

period.

Thein Zaw and at least six other members of the media have

been charged with violating a public order law, according to

his lawyer, Tin Zar Oo, and the independent Assistance

Association for Political Prisoners. Separate hearings were

held Friday for the other detained journalists.

Tin Zar Oo and one of Thein Zaw's brothers were allowed

into the courtroom to take part in the 10-minute

videoconference. Tin Zar Oo said she was able to submit

documents giving her power of attorney for the case, but only

at the next hearing might be allowed to submit a bail

application.

A representative of the U.S. Embassy was also present, said

Aryani Manring, a spokeswoman for the mission.

Thein Zaw had not been seen by his lawyer or any of his

family members since his arrest. Tin Zar Oo said visits at

lnsein Prison, where her client is being held, are not

allowed because of coronavirus concerns, so his family has

been dropping off food and supplies for him at the gate.

Tin Zar Oo said that her client looked healthy during

Friday's hearing, but he suffers from asthma at night. She

said Thein Zaw's brother noted that he had lost weight.

Thein Zaw was arrested as he was photographing police, some

of them armed, charging down a street at anti-coup

protesters. A video shows that although he stepped to the

side of the street to get out of their way, several police

rushed over and surrounded him. One put him in a chokehold as

he was handcuffed and then taken away.

According to the Assistance Association for Political

Prisoners, 38 journalists have been detained since the

military ousted the elected government of Aung San Suu Kyi on

Feb. 1. Nineteen are still incarcerated.

The group says it has verified the detentions of more than

2,000 people as well as 69 deaths.

On Friday, local media in Shan State in eastern Myanmar

reported that a freelance journalist from Poland had been

beaten and arrested by security forces.

The online Kanbawza Tai News said a foreign photojournalist

was arrested Thursday while taking pictures of a protest in

the city of Taunggyi. A photo provided to the news site shows

a man trapped against a wall with one arm raised as he is

surrounded by about 10 soldiers.

Germany's dpa news agency said the man, Robert Bociaga, 30,

has been working for the news service, and it has not been

able to contact him.

``We are deeply shocked by the arrest and apparent

mistreatment of Robert Bociaga,'' said the agency's editor-

in-chief, Sven Goesmann. ``This is an intolerable and

unacceptable attack on the freedom of the press and, even in

this brutal form, is unfortunately not an isolated case.''

The Polish Foreign Ministry confirmed the arrest of a

Polish journalist and said it was trying to contact the

detained man and obtain information about his health and

legal situation.

Earlier this week, Myanmar authorities canceled the

licenses of five local outlets that had extensively covered

the protests. Mizzima, Democratic Voice of Burma, Khit Thit

Media, Myanmar Now and 7Day News have continued operating

despite being barred from broadcasting or publishing on any

media platform.

The Associated Press and many press freedom organizations

have called for the release of Thein Zaw and the other

detained journalists.

The U.S. government, in addition to criticizing the coup

and the violence of Myanmar's security forces, has condemned

the crackdown on the press in the Southeast Asian nation.

``We are deeply concerned about the increasing attacks on

the freedom of expression, including for members of the

press. We call for the release of journalists and for all

others who have been unjustly detained,'' U.S. State

Department spokesperson Ned Price told reporters in

Washington on Thursday.

Even during Suu Kyi's time in office, journalists were

often sued for their reporting.

In the highest-profile case, two journalists working for

the Reuters news agency were arrested in 2017 while working

on a story about military violence directed at Myanmar's

Rohingya minority. They were accused of illegally possessing

official documents and sentenced to seven years behind bars

before being freed in 2019 in a mass presidential pardon.

Mr. Zaw has been jailed for covering the violence leveled against anti-coup demonstrators in Burma.

Thanks to Mr. Zaw and other journalists on the ground, we know what is going on in Burma is pure evil. The autocratic strongmen leading this coup are using deadly force to crack down on all dissenting speech. Burmese authorities, under the direction of these military thugs, are actively murdering demonstrators, arresting thousands, and imprisoning international reporters covering the situation.

Senseless violence, military rule, and imprisoning political opponents all fly directly in the face of the democratic values we cherish as Americans.

Today, this Chamber has the opportunity to condemn the hostile takeover of the Burmese Government, defend the demonstrators looking for peace, and stand up for democracy in Burma.

Mr. Speaker, I strongly encourage my colleagues to support both H. Res. 134 and H.R. 1112.

Mr. Speaker, I have an amendment at the desk.

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

Mr. Speaker, at its core what this amendment says is simple: After an estimated 30,000 extrajudicial killings in the Philippines between 2016 and today, after the assassinations, arbitrary arrests, torture, and red tagging of labor organizers and opposition leaders, after former President Duterte's calls for assassinating politically engaged bishops, after the Philippines has been named year after year by the International Trade Union Confederation as one of the world's 10 most repressive countries for the labor movement and workers, the time is long overdue to begin putting some basic human rights guardrails in place in the United States-Philippines relationship.

I believe our policy should be built on a clear principle: Our constituents' tax dollars should not be used to supply weapons, training, or any other assistance to state security forces that violently target political opponents, including a United States citizen, Brandon Lee, a human rights activist, who was shot by state security forces in 2019 and remains paralyzed from the chest down today as a result of that attack. Brandon deserves to know that his government stands with him, not with his attackers.

I have made this point to the Trump administration, and I am making it to

the Biden administration. If we in the United States are going to say that we stand for human rights around the world, then we need to stand for human rights around the world, not just when it is politically convenient and not just when it is easy.

Is it too much to ask that our country put some modest conditions on arming and assisting the security forces of an authoritarian government waging war on its own people?

Is it too much to ask that our government side with workers and the labor movement here at home and around the world? With faith and religious leaders? With human rights activists and dissidents who are simply trying to build a free society?

Those who oppose this amendment will claim that providing uncritical, unconditional assistance to the Philippines, regardless of the war its government is waging against its own population, is critical for our national security objective of countering China. But the need to counter the Chinese regime's authoritarianism on the international stage is precisely why it is so important that we maintain our credibility on human rights. It is why it is so vital that we do not undermine our own case for democracy and open ourselves up to charges of hypocrisy by supporting brutal regimes out of short-term political expediency.

Let's pass this amendment and send a resounding signal to the world that we are prepared to make respect for human rights a cornerstone of U.S. foreign policy rather than an empty slogan that we yield arbitrarily.

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

Mr. Speaker, my colleague across the aisle is arguing for the status quo. As I said before, it is critical for our own national security objectives of countering China that we maintain our credibility on human rights issues. It is absolutely vital that we do not undermine our own case for democracy.

If I have one message for all those who defend the status quo on this issue, all those who claim that we effectively need to choose between our security and our principles, it is this: It doesn't need to be this way. Abdicating our values makes us less secure in the long run. That is why I urge my colleagues to pass this amendment by a resounding margin and to cosponsor my bill, the Philippines Human Rights Act.

The vote on this amendment is just a first step of what must be a sustained commitment to standing with the people of the Philippines. Together, we can finally begin shaping a U.S. policy toward the Philippines that is anchored in respect for human rights and human dignity, those of the people of the Philippines as well as those of our people and all people around the world.

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

Mr. Speaker, during Roll Call No. 337 on H.R. 7900, I mistakenly recorded my vote as no when I should have voted yes.

Members Recorded Pursuant to House Resolution 8, 117th Congress

Allred (Neguse)

Barragan (Correa)

Bentz (Obernolte)

Brown (MD) (Trone)

Cardenas (Correa)

Castro (TX) (Neguse)

Cohen (Beyer)

Crist (Schneider)

DeFazio (Pallone)

Deutch (Stevens)

Doggett (Beyer)

Evans (Neguse)

Fallon (Carl)

Gonzalez (OH) (Armstrong)

Hartzler (Bacon)

Jacobs (CA) (Correa)

Johnson (TX) (Jeffries)

Kahele (Correa)

Katko (Meijer)

Kirkpatrick (Pallone)

Lawrence (Stevens)

Leger Fernandez (Kuster)

Lieu (Beyer)

Moore (WI) (Beyer)

Moulton (Stevens)

Newman (Beyer)

Panetta (Beyer)

Pappas (Kuster)

Pascrell (Pallone)

Pingree (Kuster)

Porter (Neguse)

Pressley (Neguse)

Reschenthaler (Keller)

Rice (NY) (Murphy (FL))

Ryan (Beyer)

Salazar (Dunn)

Sires (Pallone)

Smith (NJ) (Kelly (PA))

Taylor (Armstrong)

Timmons (Armstrong)

Trahan (Stevens)

Upton (Meijer)

Walorski (Baird)

Wasserman Schultz (Schneider)

Wilson (SC) (Lamborn)

Amendment No. 395 Offered by Ms. Speier

Mr. Speaker, I claim time in opposition to the amendment.

Mr. Speaker, I would note if there has to be a Democrat in that seat, there is no Democrat I would rather see than the gentleman from New York. He is a fine gentleman who I have worked with over the years and respect greatly.

As the ranking member of the Asia and Pacific Subcommittee and a co- chair of the U.S.-Philippines Friendship Caucus, I would submit that our alliance with the Philippines is one of our most important relationships across the globe. We have partnered with them for over 70 years now, and cooperation between our two nations is just as important today as it has ever been.

In the face of territorial aggression in the South China Sea by the People's Liberation Army, which of course is the military wing of the Chinese Communist Party, the CCP, our partnership with the Philippines serves as a geostrategic counterweight to China. As Chairman Xi seeks to control international maritime trade routes, including key waterways like the Luzon Strait, the Philippines remains a critical partner in checking his nefarious ambitions.

As with all our strongest alliances, our relationship with the Philippines extends beyond military affairs, for example, to cooperation in law enforcement. Our joint efforts with the Philippines in this regard are really critical to strengthening maritime security as well as tackling the evils of human trafficking and narcotics trafficking.

Of course, we have all been appalled by former President Duterte's brutal drug war, particularly its extrajudicial killings. Such brutality was the primary reason why Congress suspended International Narcotics Control and Law Enforcement assistance to the Philippine National Police.

However, it would be self-defeating to simply cut off all cooperation with Philippine law enforcement, as this amendment seeks to do. The amendment would end maritime law enforcement activities that strengthen U.S. national security. It would block joint efforts to pursue drug traffickers and child traffickers, and it would stop human rights and rule of law assistance.

Fortunately, the June 30 inauguration of President Marcos is an opportunity to strengthen the U.S.-Philippines relationship to address not only threats to maritime security in the Indo-Pacific but also human rights and respect for rule of law.

This amendment would undermine the Biden administration and those of us in Congress who are working towards these efforts. It would curtail cooperative efforts between our security forces at a time when Chairman Xi seeks to dismantle our more than 70-year mutual security partnership with the Philippines. It doesn't make sense.

Mr. Speaker, I urge my colleagues for all the reasons that I just mentioned to oppose this amendment, and I reserve the balance of my time.

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

Mr. Speaker, just to conclude and actually reiterate some of my previous remarks, I have been the co-chair of the Philippines Friendship Caucus, the Republican co-chair, along with my colleague Bobby Scott from Virginia, for quite a few years now. We were both appalled by President Duterte's looking the other way and actually probably being involved to some degree directly in the command of a lot of the extrajudicial killings as well as the loss of life and brutality that took place for quite a few years.

We agreed with him on the war on drugs. Drugs kill far too many Filipinos and kill far too many Americans. But we do not agree on extrajudicial measures which take human life.

However, this is an opportunity now, because that government is in the past, and we have a new government. This is a new opportunity to build up this relationship once again between these two key allies, the United States and the Philippines. It is an important relationship, particularly when one considers that our principal challenge across the globe right now is countering the nefarious actions of the CCP, the Chinese Communist Party.

So I would urge my colleagues to oppose this amendment. Although well intentioned, I think ultimately it would do more harm than good.

Mr. Speaker, I urge my colleagues to oppose it, and I yield back the balance of my time.