IB 

Union Calendar No. 106

108TH CONGRESS 

1ST SESSION H. R. 2330

[Report No. 108–159, Parts I and II] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2003

Mr. LANTOS (for himself, Mr. KING of New York, Mr. HYDE, Mr. SMITH of 

New Jersey, Mr. RANGEL, Ms. ROS-LEHTINEN, Mr. MENENDEZ, Mr. 

ROHRABACHER, Mr. FALEOMAVAEGA, Mr. PITTS, Mr. LEVIN, Mr. 

SOUDER, Mr. ACKERMAN, Mr. SHERMAN, Mr. GEORGE MILLER of California, Mr. CROWLEY, Mr. HOEFFEL, Mr. BROWN of Ohio, Mr. ENGEL, 

Mr. BLUMENAUER, Mr. SCHIFF, Mr. ANDREWS, Mr. MCGOVERN, Mr. 

OLVER, Mr. FARR, Mr. EVANS, and Mr. ABERCROMBIE) introduced the 

following bill; which was referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, Financial 

Services, and the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

JUNE 17, 2003

Reported from the Committee on International Relations with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 17, 2003

Referral to the Committees on Ways and Means, Financial Services, and the 

Judiciary extended for a period ending not later than July 7, 2003

JULY 7, 2003

Referral to the Committees on Ways and Means, Financial Services, and the 

Judiciary for a period ending not later than July 11, 2003
2

•HR 2330 RH 

JULY 11, 2003

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 11, 2003

Additional sponsors: Ms. MCCOLLUM, Mr. KIRK, Mr. DELAHUNT, Mr. BEREUTER, Ms. WATSON, Mr. WEXLER, Ms. SLAUGHTER, Mr. PAYNE, Mr. 

MCNULTY, Mr. BERMAN, Mr. DOGGETT, Mr. NADLER, Mr. SHAYS, Mr. 

RAHALL, Mr. FRANK of Massachusetts, Mr. WEINER, Ms. WOOLSEY, Ms. 

BALDWIN, Mr. STARK, Mr. BAIRD, Mr. ALLEN, Ms. SCHAKOWSKY, Mr. 

KUCINICH, Mr. FILNER, and Mr. VAN HOLLEN

JULY 11, 2003

Committees on Ways and Means and Financial Services discharged; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 4, 2003] 

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Burmese Freedom and 

5 Democracy Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The State Peace and Development Council 

9 (SPDC) has failed to transfer power to the National 
3

•HR 2330 RH 

1 League for Democracy (NLD) whose parliamentar2 ians won an overwhelming victory in the 1990 elec3 tions in Burma. 

4 (2) The SPDC has failed to enter into meaning5 ful, political dialogue with the NLD and ethnic mi6 norities and has dismissed the efforts of United Na7 tions Special Envoy Razali bin Ismail to further such 

8 dialogue. 

9 (3) According to the State Department’s ‘‘Report 

10 to the Congress Regarding Conditions in Burma and 

11 U.S. Policy Toward Burma’’ dated March 28, 2003, 

12 the SPDC has become ‘‘more confrontational’’ in its 

13 exchanges with the NLD. 

14 (4) On May 30, 2003, the SPDC, threatened by 

15 continued support for the NLD throughout Burma, 

16 brutally attacked NLD supporters, killed and injured 

17 scores of civilians, and arrested democracy advocate 

18 Aung San Suu Kyi and other activists. 

19 (5) The SPDC continues egregious human rights 

20 violations against Burmese citizens, uses rape as a 

21 weapon of intimidation and torture against women, 

22 and forcibly conscripts child-soldiers for the use in 

23 fighting indigenous ethnic groups. 

24 (6) The SPDC is engaged in ethnic cleansing 

25 against minorities within Burma, including the 
4

•HR 2330 RH 

1 Karen, Karenni, and Shan people, which constitutes 

2 a crime against humanity and has directly led to 

3 more than 600,000 internally displaced people living 

4 within Burma and more than 130,000 people from 

5 Burma living in refugee camps along the Thai6 Burma border. 

7 (7) The ethnic cleansing campaign of the SPDC 

8 is in sharp contrast to the traditional peaceful coex9 istence in Burma of Buddhists, Muslims, Christians, 

10 and people of traditional beliefs. 

11 (8) The SPDC has demonstrably failed to cooper12 ate with the United States in stopping the flood of 

13 heroin and methamphetamines being grown, refined, 

14 manufactured, and transported in areas under the 

15 control of the SPDC serving to flood the region and 

16 much of the world with these illicit drugs. 

17 (9) The SPDC provides safety, security, and en18 gages in business dealings with narcotics traffickers 

19 under indictment by United States authorities, and 

20 other producers and traffickers of narcotics. 

21 (10) The International Labor Organization 

22 (ILO), for the first time in its 82-year history, adopt23 ed in 2000, a resolution recommending that govern24 ments, employers, and workers organizations take ap25 propriate measures to ensure that their relations with 
5

•HR 2330 RH 

1 the SPDC do not abet the government-sponsored sys2 tem of forced, compulsory, or slave labor in Burma, 

3 and that other international bodies reconsider any co4 operation they may be engaged in with Burma and, 

5 if appropriate, cease as soon as possible any activity 

6 that could abet the practice of forced, compulsory, or 

7 slave labor. 

8 (11) The SPDC has integrated the Burmese mili9 tary and its surrogates into all facets of the economy 

10 effectively destroying any free enterprise system.

11 (12) Investment in Burmese companies and pur12 chases from them serve to provide the SPDC with cur13 rency that is used to finance its instruments of terror 

14 and repression against the Burmese people. 

15 (13) On April 15, 2003, the American Apparel 

16 and Footwear Association expressed its ‘‘strong sup17 port for a full and immediate ban on U.S. textiles, 

18 apparel and footwear imports from Burma’’ and 

19 called upon the United States Government to ‘‘impose 

20 an outright ban on U.S. imports’’ of these items until 

21 Burma demonstrates respect for basic human and 

22 labor rights of its citizens. 

23 (14) The policy of the United States, as articu24 lated by the President on April 24, 2003, is to offi25 cially recognize the NLD as the legitimate representa-
6

•HR 2330 RH 

1 tive of the Burmese people as determined by the 1990 

2 election. 

3 (15) The United States must work closely with 

4 other nations, including Thailand, a close ally of the 

5 United States, to highlight attention to the SPDC’s 

6 systematic abuses of human rights in Burma, to en7 sure that nongovernmental organizations promoting 

8 human rights and political freedom in Burma are al9 lowed to operate freely and without harassment, and 

10 to craft a multilateral sanctions regime against 

11 Burma in order to pressure the SPDC to meet the 

12 conditions identified in section 3(a)(3) of this Act. 

13 SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILI14 TARY REGIME OF BURMA. 

15 (a) GENERAL BAN.—

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, until such time as the President de18 termines and certifies to Congress that Burma has 

19 met the conditions described in paragraph (3), no ar20 ticle may be imported into the United States that is 

21 produced, mined, manufactured, grown, or assembled 

22 in Burma. 

23 (2) BAN ON IMPORTS FROM CERTAIN COMPA24 NIES.—The import restrictions contained in para25 graph (1) shall apply to, among other entities—
7

•HR 2330 RH 

1 (A) the SPDC, any ministry of the SPDC, 

2 a member of the SPDC or an immediate family 

3 member of such member; 

4 (B) known narcotics traffickers from Burma 

5 or an immediate family member of such nar6 cotics trafficker; 

7 (C) the Union of Myanmar Economics 

8 Holdings Incorporated (UMEHI) or any com9 pany in which the UMEHI has a fiduciary in10 terest; 

11 (D) the Myanmar Economic Corporation 

12 (MEC) or any company in which the MEC has 

13 a fiduciary interest; 

14 (E) the Union Solidarity and Development 

15 Association (USDA); and 

16 (F) any successor entity for the SPDC, 

17 UMEHI, MEC, or USDA. 

18 (3) CONDITIONS DESCRIBED.—The conditions de19 scribed in this paragraph are the following: 

20 (A) The SPDC has made substantial and 

21 measurable progress to end violations of inter22 nationally recognized human rights including 

23 rape, and the Secretary of State, after consulta24 tion with the ILO Secretary General and rel25 evant nongovernmental organizations, reports to 
8

•HR 2330 RH 

1 the appropriate congressional committees that 

2 the SPDC no longer systematically violates 

3 workers rights, including the use of forced and 

4 child labor, and conscription of child-soldiers. 

5 (B) The SPDC has made measurable and 

6 substantial progress toward implementing a 

7 democratic government including—

8 (i) releasing all political prisoners; 

9 (ii) allowing freedom of speech and the 

10 press; 

11 (iii) allowing freedom of association; 

12 (iv) permitting the peaceful exercise of 

13 religion; and 

14 (v) bringing to a conclusion an agree15 ment between the SPDC and the democratic 

16 forces led by the NLD and Burma’s ethnic 

17 nationalities on the transfer of power to a 

18 civilian government accountable to the Bur19 mese people through democratic elections 

20 under the rule of law. 

21 (C) Pursuant to section 706(2) of the For22 eign Relations Authorization Act, Fiscal Year 

23 2003 (Public Law 107–228), Burma has not 

24 been designated as a country that has failed de25 monstrably to make substantial efforts to adhere 
9

•HR 2330 RH 

1 to its obligations under international counter2 narcotics agreements and to take other effective 

3 counternarcotics measures, including, but not 

4 limited to (i) the arrest and extradition of all in5 dividuals under indictment in the United States 

6 for narcotics trafficking, (ii) concrete and meas7 urable actions to stem the flow of illicit drug 

8 money into Burma’s banking system and eco9 nomic enterprises, and (iii) actions to stop the 

10 manufacture and export of methamphetamines.

11 (4) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—In this subsection, the term ‘‘appropriate con13 gressional committees’’ means the Committees on For14 eign Relations and Appropriations of the Senate and 

15 the Committees on International Relations and Ap16 propriations of the House of Representatives. 

17 (b) WAIVER AUTHORITIES.—The President may waive 

18 the prohibitions described in this section for any or all 

19 products imported from Burma to the United States if the 

20 President determines and notifies the Committees on Appro21 priations and Foreign Relations of the Senate and the Com22 mittees on Appropriations, International Relations, and 

23 Ways and Means of the House of Representatives that to 

24 do so is in the national interest of the United States. 
10

•HR 2330 RH 

1 (c) DURATION OF TRADE BAN.—The President may 

2 terminate the restrictions contained in this Act upon the 

3 request of a democratically elected government in Burma, 

4 provided that all the conditions in subsection (a)(3) have 

5 been met. 

6 SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN 

7 THE UNITED STATES. 

8 Not later than 60 days after the date of enactment of 

9 this Act, the Secretary of the Treasury shall direct, and pro10 mulgate regulations to the same, that any United States 

11 financial institution holding funds belonging to the SPDC 

12 or the assets of those individuals who hold senior positions 

13 in the SPDC or its political arm, the Union Solidarity De14 velopment Association, shall promptly report those assets to 

15 the Office of Foreign Assets Control. The Secretary of the 

16 Treasury may take such action as may be necessary to se17 cure such assets or funds. 

18 SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITU19 TIONS. 

20 The Secretary of the Treasury shall instruct the United 

21 States executive director to each appropriate international 

22 financial institution in which the United States partici23 pates, to oppose, and vote against the extension by such in24 stitution of any loan or financial or technical assistance 
11

•HR 2330 RH 

1 to Burma until such time as the conditions described in 

2 section 3(a)(3) are met. 

3 SEC. 6. EXPANSION OF VISA BAN. 

4 (a) IN GENERAL.—

5 (1) VISA BAN.—The President is authorized to 

6 deny visas and entry to the former and present lead7 ership of the SPDC or the Union Solidarity Develop8 ment Association. 

9 (2) UPDATES.—The Secretary of State shall co10 ordinate on a biannual basis with representatives of 

11 the European Union to allow officials of the United 

12 States and the European Union to ensure a high de13 gree of coordination of lists of individuals banned 

14 from obtaining a visa by the European Union for the 

15 reason described in paragraph (1) and those banned 

16 from receiving a visa from the United States. 

17 (b) PUBLICATION.—The Secretary of State shall post 

18 on the Department of State’s website the names of individ19 uals whose entry into the United States is banned under 

20 subsection (a). 

21 SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINA22 TION OF INFORMATION. 

23 Congress encourages the Secretary of State to highlight 

24 the abysmal record of the SPDC to the international com25 munity and use all appropriate fora, including the Associa-
12

•HR 2330 RH 

1 tion of Southeast Asian Nations Regional Forum and Asian 

2 Nations Regional Forum, to encourage other states to re3 strict financial resources to the SPDC and Burmese compa4 nies while offering political recognition and support to Bur5 ma’s democratic movement including the National League 

6 for Democracy and Burma’s ethnic groups. 

7 SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA. 

8 (a) IN GENERAL.—The President is authorized to use 

9 all available resources to assist Burmese democracy activ10 ists dedicated to nonviolent opposition to the regime in their 

11 efforts to promote freedom, democracy, and human rights 

12 in Burma, including a listing of constraints on such pro13 gramming. 

14 (b) REPORTS.—

15 (1) FIRST REPORT.—Not later than 3 months 

16 after the date of enactment of this Act, the Secretary 

17 of State shall provide the Committees on Appropria18 tions and Foreign Relations of the Senate and the 

19 Committees on Appropriations and International Re20 lations of the House of Representatives a comprehen21 sive report on its short- and long-term programs and 

22 activities to support democracy activists in Burma, 

23 including a list of constraints on such programming. 

24 (2) REPORT ON RESOURCES.—Not later than 6 

25 months after the date of enactment of this Act, the 
13

•HR 2330 RH 

1 Secretary of State shall provide the Committees on 

2 Appropriations and Foreign Relations of the Senate 

3 and the Committees on Appropriations and Inter4 national Relations of the House of Representatives a 

5 report identifying resources that will be necessary for 

6 the reconstruction of Burma, after the SPDC is re7 moved from power, including—

8 (A) the formation of democratic institu9 tions; 

10 (B) establishing the rule of law; 

11 (C) establishing freedom of the press; 

12 (D) providing for the successful reintegra13 tion of military officers and personnel into Bur14 mese society; and 

15 (E) providing health, educational, and eco16 nomic development.
Union Calendar No. 106

108TH CONGRESS 

1ST SESSION H. R. 2330

[Report No. 108–159, Parts I and II] 

A BILL

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. 

JULY 11, 2003

Reported from the Committee on the Judiciary with an 

amendment 

JULY 11, 2003

Committees on Ways and Means and Financial Services 

discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed