SPEAKERS       CONTENTS       INSERTS    

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2003
THE BURMESE FREEDOM AND DEMOCRACY ACT OF 2003; AND CALLING ON THE GOVERNMENT OF THE PRC IMMEDIATELY AND UNCONDITIONALLY TO RELEASE DR. YANG JIANLI AND FOR OTHER PURPOSES

MARKUP

BEFORE THE

SUBCOMMITTEE ON ASIA AND THE PACIFIC

OF THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

ON
H.R. 2330 and H. Res. 199

JUNE 10, 2003
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Serial No. 108–22

Printed for the use of the Committee on International Relations

Available via the World Wide Web: http://www.house.gov/international—relations

COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa
DOUG BEREUTER, Nebraska
CHRISTOPHER H. SMITH, New Jersey,
  Vice Chairman
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
EDWARD R. ROYCE, California
PETER T. KING, New York
STEVE CHABOT, Ohio
AMO HOUGHTON, New York
JOHN M. McHUGH, New York
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THOMAS G. TANCREDO, Colorado
RON PAUL, Texas
NICK SMITH, Michigan
JOSEPH R. PITTS, Pennsylvania
JEFF FLAKE, Arizona
JO ANN DAVIS, Virginia
MARK GREEN, Wisconsin
JERRY WELLER, Illinois
MIKE PENCE, Indiana
THADDEUS McCOTTER, Michigan
WILLIAM J. JANKLOW, South Dakota
KATHERINE HARRIS, Florida

TOM LANTOS, California
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
BRAD SHERMAN, California
ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
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BARBARA LEE, California
JOSEPH CROWLEY, New York
JOSEPH M. HOEFFEL, Pennsylvania
EARL BLUMENAUER, Oregon
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
DIANE E. WATSON, California
ADAM SMITH, Washington
BETTY McCOLLUM, Minnesota
CHRIS BELL, Texas

THOMAS E. MOONEY, SR., Staff Director/General Counsel
ROBERT R. KING, Democratic Staff Director

Subcommittee on Asia and the Pacific
JAMES A. LEACH, Iowa, Chairman

DAN BURTON, Indiana
DOUG BEREUTER, Nebraska
CHRISTOPHER H. SMITH, New Jersey
DANA ROHRABACHER, California
EDWARD R. ROYCE, California
STEVE CHABOT, Ohio
RON PAUL, Texas
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JEFF FLAKE, Arizona
JERRY WELLER, Illinois
THOMAS G. TANCREDO, Colorado

ENI F. H. FALEOMAVAEGA, American Samoa
SHERROD BROWN, Ohio
EARL BLUMENAUER, Oregon
DIANE E. WATSON, California
ADAM SMITH, Washington
GARY L. ACKERMAN, New York
BRAD SHERMAN, California
ROBERT WEXLER, Florida
GREGORY W. MEEKS, New York

JAMES W. MCCORMICK, Subcommittee Staff Director
LISA M. WILLIAMS, Democratic Professional Staff Member
DOUGLAS ANDERSON, Professional Staff Member & Counsel
TIERNEN MILLER, Staff Associate

C O N T E N T S

MARKUP OF

    H.R. 2330, To sanction the ruling Burmese military junta, to strengthen Burma's democratic forces and support and recognize the National League of Democracy as the legitimate representative of the Burmese people, and for other purposes
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    H. Res. 199, Calling on the Government of the People's Republic of China immediately and unconditionally to release Dr. Yang Jianli, calling on the President of the United States to continue working on behalf of Dr. Yang Jianli for his release, and for other purposes

Amendment in the Nature of a Substitute to H. Res. 199 Offered by the Honorable James A. Leach, a Representative in Congress from the State of Iowa, and Chairman, Subcommittee on Asia and the Pacific

THE BURMESE FREEDOM AND DEMOCRACY ACT OF 2003; AND CALLING ON THE GOVERNMENT OF THE PRC IMMEDIATELY AND UNCONDITIONALLY TO RELEASE DR. YANG JIANLI AND FOR OTHER PURPOSES

TUESDAY, JUNE 10, 2003

House of Representatives,
Subcommittee on Asia and the Pacific,
Committee on International Relations,
Washington, DC.

    The Subcommittee met, pursuant to call, at 2:48 p.m. in Room 2172, Rayburn House Office Building, Hon. James A. Leach [Chairman of the Subcommittee] presiding.

    Mr. LEACH. Pursuant to notice, I call up the bill H.R. 2330, the Burmese Freedom and Democracy Act of 2003, for purpose of markup. Without objection, the bill will be considered as read and open for amendment.
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    Let me just by way of brief opening comments say I think the Subcommittee would endorse the views of the gentleman from California without hesitation. Secondly, this bill is crafted by our colleague, Dr. Lantos. A number of the Members of the Committee are co-sponsors. It involves certain sanctions on another country, and sanctions policies, frankly, are sometimes quite difficult and sometimes injure people that we would not like injured.

    On the other hand, the circumstance in Burma is rather extraordinary. The great optimism that surrounded Aung San Suu Kyi's release from house arrest a little over a year ago has evaporated in the last few weeks and months. We are all, of course, pleased that the U.N. Special Envoy, Mr. Ismail, has been allowed to see her and has confirmed she is in credible health, but we as a Congress are obligated to move as theoretically significantly as we can, and so I would only stress that the restrictions under this bill are immediately released if certain conditions are met that are common sense, democratic conditions.

    In addition, the President has given authority to relax aspects of the bill at his discretion in the national security interest of the United States.

    [H.R. 2330 follows:]

      
      
  
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    Mr. LEACH. Are there any other comments on the bill itself? Mr. Faleomavaega?

    Mr. FALEOMAVAEGA. Mr. Chairman, I thank you for bringing this bill for consideration by our Subcommittee, and I also want to convey my thanks to the Senior Ranking Member of our side of the Committee, Dr. Lantos, for his original co-sponsorship of this bill and also thank the Committee Chairman, the gentleman from Illinois, Mr. Hyde, for his support, as well as an original co-sponsor of this important legislation.

    This is a very important piece of legislation because of all the times in the past that we have supposedly tried to settle the matter of Burma. I remember talking to some of the officials of the various governments in Southeast Asia. You know, Burma is a member of Oseon. Their response to our concerns was well received. Therefore, it is best that we work with the Burmese Government, so-called government, and maybe somewhere along the lines there is a light in the tunnel to see that maybe they may change their ways.

    Well, at this point now we have not seen any changes, and I think the proposed legislation to put sanctions on the military regime in Burma is most appropriate. I again hope that my colleagues will support this proposed legislation. And I think that hopefully there will be more positive changes that will be brought and also a special commendation and appreciation for what Aung San Suu Kyi has tried for all of these years on behalf of her people to bring a sense of democracy to the country in Southeast Asia.
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    For that, Mr. Chairman, I do want to urge my colleagues to support this proposed legislation. Thank you.

    Mr. LEACH. Are there any amendments to the bill?

    [No response.]

    Mr. LEACH. If not, the question then occurs on the motion to report the bill, H.R. 2330, favorably as amended. All in favor say aye.

    [Chorus of ayes.]

    Mr. LEACH. Opposed, no.

    [No response.]

    Mr. LEACH. The motion is approved, and the bill is favorably reported. Without objection, the staff is directed to make any technical and conforming amendments that may be necessary.

    The second resolution relates to a bill introduced by Mr. Frank of Massachusetts, which highlights the case of the U.S. lawful permanent resident Yang Jianli, who has been detained incommunicado inside China since April 26, of last year. Mr. Yang was arrested for reportedly entering China with false or incomplete identity documents, has been denied access to counsel, contact with his wife and two children, who are U.S. citizens, and his right to trial within a reasonable time.
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    I am placing before the Subcommittee an amendment in the nature of a substitute that updates and refines the language of the original resolution.

    [H. Res. 199 and the amendment of Mr. Leach follows:]

      
      
  
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    Mr. LEACH. The most substantial change is an additional finding that notes the recent determination of the U.N. Working Group on Arbitrary Detention which found that Mr. Yang's detention is arbitrary and in contravention of the Universal Declaration on Human Rights.
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    Are there any amendments to the bill? [No response.]

    Mr. LEACH. If not, the question occurs——

    Mr. ROHRABACHER. Mr. Chairman?

    Mr. LEACH. Yes?

    Mr. ROHRABACHER. Could I have moment——

    Mr. LEACH. Yes.

    Mr. ROHRABACHER [continuing]. To express support for this legislation?

    Mr. LEACH. Without objection.

    Mr. ROHRABACHER. This resolution goes to the heart of the issues before us today and the issues of this discussion, but we are talking about one man here. We are talking about the human rights of one man. It just happens to be an American citizen.

    Let us by the bill we just voted for before about Burma, as well as with this legislation, recognize that our founding fathers talked about human rights and talked about democracy as unalienable rights to all people everywhere. This is not something that is a task for us, but this is part of our obligation as free people to express our solidarity.
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    By standing up for this one American's rights, however, let us make sure that the people of China know that we are not just condemning this activity because it is happening to an American. We are condemning the way they treat the Fallun Gong. We are condemning the way they treat other believers in God. We are condemning the way they treat their labor movement. We are condemning the way they treat anyone who disagrees with the system in Communist China.

    This man who is in prison now, this American of Chinese descent who is in prison there now, highlights both what America believes, but also highlights the condition of the people of China, so as we vote for this we are not only just voting about one man. We are voting on a principal, and we are voting for freedom for the people of China.

    Thank you very much.

    Mr. LEACH. The question now comes on the resolution, H. Res. 199. All those in favor say aye. [Chorus of ayes.]

    Mr. LEACH. Those opposed say no. [No response.]

    Mr. LEACH. And I note that that resolution was amended, and so it is H. Res. 199 as amended. Without objection, the staff is directed to make any technical and conforming amendments. The resolution is passed unanimously.

    There are no further resolutions before the Committee. I thank the panel. I thank the Committee for their additional comments. The Committee is adjourned.
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    [Whereupon, at 3:01 p.m. the Subcommittee was adjourned.]