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87–673PDF 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

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 

(II)

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 

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 

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 

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 

(III)

C O N T E N T S 

Page

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 ................................................................................................ 2

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 .......................................... 15

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 ........ 19

(1)

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. 

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:]

2

1

I

108TH CONGRESS

1ST SESSION 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.

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

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,


87675a.AAB
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•HR 2330 IH

1 SECTION 1. SHORT TITLE.

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

3 Democracy Act of 2003’’.

4 SEC. 2. FINDINGS.

5 Congress makes the following findings:

6 (1) The State Peace and Development Council

7 (SPDC) has failed to transfer power to the National

8 League for Democracy (NLD) whose parliamentar9 ians won an overwhelming victory in the 1990 elec10 tions in Burma.

11 (2) The SPDC has failed to enter into meaning12 ful, political dialogue with the NLD and ethnic mi13 norities and has dismissed the efforts of United Na14 tions Special Envoy Razali bin Ismail to further

15 such dialogue.

16 (3) According to the State Department’s ‘‘Re17 port to the Congress Regarding Conditions in

18 Burma and U.S. Policy Toward Burma’’ dated

19 March 28, 2003, the SPDC has become ‘‘more

20 confrontational’’ in its exchanges with the NLD.

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

22 continued support for the NLD throughout Burma,

23 brutally attacked NLD supporters, killed and in24 jured scores of civilians, and arrested democracy ad25 vocate Aung San Suu Kyi and other activists.


87675a.AAC
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3

•HR 2330 IH

1 (5) The SPDC continues egregious human

2 rights violations against Burmese citizens, uses rape

3 as a weapon of intimidation and torture against

4 women, and forcibly conscripts child-soldiers for the

5 use in fighting indigenous ethnic groups.

6 (6) The SPDC has demonstrably failed to co7 operate with the United States in stopping the flood

8 of heroin and methamphetamines being grown, re9 fined, manufactured, and transported in areas under

10 the control of the SPDC serving to flood the region

11 and much of the world with these illicit drugs.

12 (7) The SPDC provides safety, security, and

13 engages in business dealings with narcotics traf14 fickers under indictment by United States authori15 ties, and other producers and traffickers of nar16 cotics.

17 (8) The International Labor Organization

18 (ILO), for the first time in its 82-year history,

19 adopted in 2000, a resolution recommending that

20 governments, employers, and workers organizations

21 take appropriate measures to ensure that their rela22 tions with the SPDC do not abet the government23 sponsored system of forced, compulsory, or slave

24 labor in Burma, and that other international bodies

25 reconsider any cooperation they may be engaged in


87675a.AAD
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4

•HR 2330 IH

1 with Burma and, if appropriate, cease as soon as

2 possible any activity that could abet the practice of

3 forced, compulsory, or slave labor.

4 (9) The SPDC has integrated the Burmese

5 military and its surrogates into all facets of the

6 economy effectively destroying any free enterprise

7 system.

8 (10) Investment in Burmese companies and

9 purchases from them serve to provide the SPDC

10 with currency that is used to finance its instruments

11 of terror and repression against the Burmese people.

12 (11) On April 15, 2003, the American Apparel

13 and Footwear Association expressed its ‘‘strong sup14 port for a full and immediate ban on U.S. textiles,

15 apparel and footwear imports from Burma’’ and

16 called upon the United States Government to ‘‘im17 pose an outright ban on U.S. imports’’ of these

18 items until Burma demonstrates respect for basic

19 human and labor rights of its citizens.

20 (12) The policy of the United States, as articu21 lated by the President on April 24, 2003, is to offi22 cially recognize the NLD as the legitimate represent23 ative of the Burmese people as determined by the

24 1990 election.


87675a.AAE
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5

•HR 2330 IH

1 SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILI2 TARY REGIME OF BURMA.

3 (a) GENERAL BAN.—

4 (1) IN GENERAL.—Notwithstanding any other

5 provision of law, until such time as the President de6 termines and certifies to Congress that Burma has

7 met the conditions described in paragraph (3), no

8 article may be imported into the United States that

9 is produced, mined, manufactured, grown, or assem10 bled in Burma.

11 (2) BAN ON IMPORTS FROM CERTAIN COMPA12 NIES.—The import restrictions contained in para13 graph (1) shall apply to, among other entities—

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

15 a member of the SPDC or an immediate family

16 member of such member;

17 (B) known narcotics traffickers from

18 Burma or an immediate family member of such

19 narcotics trafficker;

20 (C) the Union of Myanmar Economics

21 Holdings Incorporated (UMEHI) or any com22 pany in which the UMEHI has a fiduciary in23 terest;

24 (D) the Myanmar Economic Corporation

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

26 a fiduciary interest;


87675a.AAF
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•HR 2330 IH

1 (E) the Union Solidarity and Development

2 Association (USDA); and

3 (F) any successor entity for the SPDC,

4 UMEHI, MEC, or USDA.

5 (3) CONDITIONS DESCRIBED.—The conditions

6 described in this paragraph are the following:

7 (A) The SPDC has made substantial and

8 measurable progress to end violations of inter9 nationally recognized human rights including

10 rape, and the Secretary of State, after consulta11 tion with the ILO Secretary General and rel12 evant nongovernmental organizations, reports to

13 the appropriate congressional committees that

14 the SPDC no longer systematically violates

15 workers rights, including the use of forced and

16 child labor, and conscription of child-soldiers.

17 (B) The SPDC has made measurable and

18 substantial progress toward implementing a

19 democratic government including—

20 (i) releasing all political prisoners;

21 (ii) allowing freedom of speech and

22 the press;

23 (iii) allowing freedom of association;

24 (iv) permitting the peaceful exercise of

25 religion; and


87675a.AAG
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7

•HR 2330 IH

1 (v) bringing to a conclusion an agree2 ment between the SPDC and the demo3 cratic forces led by the NLD and Burma’s

4 ethnic nationalities on the transfer of

5 power to a civilian government accountable

6 to the Burmese people through democratic

7 elections under the rule of law.

8 (C) Pursuant to section 706(2) of the For9 eign Relations Authorization Act, Fiscal Year

10 2003 (Public Law 107–228), Burma has not

11 been designated as a country that has failed de12 monstrably to make substantial efforts to ad13 here to its obligations under international coun14 ternarcotics agreements and to take other effec15 tive counternarcotics measures, including, but

16 not limited to (i) the arrest and extradition of

17 all individuals under indictment in the United

18 States for narcotics trafficking, (ii) concrete

19 and measurable actions to stem the flow of il20 licit drug money into Burma’s banking system

21 and economic enterprises, and (iii) actions to

22 stop the manufacture and export of

23 methamphetamines.

24 (4) APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—In this subsection, the term ‘‘appropriate


87675a.AAH
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8

•HR 2330 IH

1 congressional committees’’ means the Committees on

2 Foreign Relations and Appropriations of the Senate

3 and the Committees on International Relations and

4 Appropriations of the House of Representatives.

5 (b) WAIVER AUTHORITIES.—The President may

6 waive the prohibitions described in this section for any or

7 all products imported from Burma to the United States

8 if the President determines and notifies the Committees

9 on Appropriations and Foreign Relations of the Senate

10 and the Committees on Appropriations, International Re11 lations, and Ways and Means of the House of Representa12 tives that to do so is in the national security interest of

13 the United States.

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

15 terminate the restrictions contained in this Act upon the

16 request of a democratically elected government in Burma,

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

18 been met.

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

20 THE UNITED STATES.

21 Not later than 60 days after the date of enactment

22 of this Act, the Secretary of the Treasury shall direct, and

23 promulgate regulations to the same, that any United

24 States financial institution holding funds belonging to the

25 SPDC or the assets of those individuals who hold senior


87675a.AAI
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9

•HR 2330 IH

1 positions in the SPDC or its political arm, the Union Soli2 darity Development Association, shall promptly report

3 those assets to the Office of Foreign Assets Control. The

4 Secretary of the Treasury may take such action as may

5 be necessary to secure such assets or funds.

6 SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITU7 TIONS.

8 The Secretary of the Treasury shall instruct the

9 United States executive director to each appropriate inter10 national financial institution in which the United States

11 participates, to oppose, and vote against the extension by

12 such institution of any loan or financial or technical assist13 ance to Burma until such time as the conditions described

14 in section 3(a)(3) are met.

15 SEC. 6. EXPANSION OF VISA BAN.

16 (a) IN GENERAL.—

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

18 deny visas and entry to the former and present lead19 ership of the SPDC or the Union Solidarity Develop20 ment Association.

21 (2) UPDATES.—The Secretary of State shall co22 ordinate on a biannual basis with representatives of

23 the European Union to ensure that an individual

24 who is banned from obtaining a visa by the Euro25 pean Union for the reasons described in paragraph


87675a.AAJ
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10

•HR 2330 IH

1 (1) is also banned from receiving a visa from the

2 United States.

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

4 on the Department of State’s website the names of individ5 uals whose entry into the United States is banned under

6 subsection (a).

7 SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINA8 TION OF INFORMATION.

9 Congress encourages the Secretary of State to high10 light the abysmal record of the SPDC to the international

11 community and use all appropriate fora, including the As12 sociation of Southeast Asian Nations Regional Forum and

13 Asian Nations Regional Forum, to encourage other states

14 to restrict financial resources to the SPDC and Burmese

15 companies while offering political recognition and support

16 to Burma’s democratic movement including the National

17 League for Democracy and Burma’s ethnic groups.

18 SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.

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

20 use all available resources to assist Burmese democracy

21 activists dedicated to nonviolent opposition to the regime

22 in their efforts to promote freedom, democracy, and

23 human rights in Burma, including a listing of constraints

24 on such programming.

25 (b) REPORTS.—


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•HR 2330 IH

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

2 after the date of enactment of this Act, the Sec3 retary of State shall provide the Committees on Ap4 propriations and Foreign Relations of the Senate

5 and the Committees on Appropriations and Inter6 national Relations of the House of Representatives

7 a comprehensive report on its short- and long-term

8 programs and activities to support democracy activ9 ists in Burma, including a list of constraints on such

10 programming.

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

12 months after the date of enactment of this Act, the

13 Secretary of State shall provide the Committees on

14 Appropriations and Foreign Relations of the Senate

15 and the Committees on Appropriations and Inter16 national Relations of the House of Representatives

17 a report identifying resources that will be necessary

18 for the reconstruction of Burma, after the SPDC is

19 removed from power, including—

20 (A) the formation of democratic institu21 tions;

22 (B) establishing the rule of law;

23 (C) establishing freedom of the press;


87675a.AAL
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•HR 2330 IH

1 (D) providing for the successful reintegra2 tion of military officers and personnel into Bur3 mese society; and

4 (E) providing health, educational, and eco5 nomic development.

Æ


87675a.AAM
14

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. 

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. 

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:]

15

1

IV

108TH CONGRESS

1ST SESSION 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.

IN THE HOUSE OF REPRESENTATIVES

APRIL 11, 2003

Mr. FRANK of Massachusetts (for himself, Mr. LANTOS, Mr. SMITH of New

Jersey, Mr. CAPUANO, Mr. COX, Mr. DELAHUNT, Mr. MCGOVERN, Mr.

ABERCROMBIE, Mr. OLVER, Mr. ROHRABACHER, Mr. MARKEY, and Mr.

PITTS) submitted the following resolution; which was referred to the

Committee on International Relations

RESOLUTION

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.

Whereas according to the United States Department of

State’s 2002 Country Reports on Human Rights Practices in China, the Government of the People’s Republic

of China has ‘‘continued to commit numerous and serious

[human rights] abuses’’, including ‘‘instances of . . . arbitrary arrest and detention, lengthy incommunicado detention, and denial of due process’’;


87675b.AAB
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•HRES 199 IH

Whereas according to the 2002 Country Reports on Human

Rights Practices in China, ‘‘the country’s criminal procedures were not in compliance with international standards’’, ‘‘the lack of due process in the judicial system remained a serious problem’’, and ‘‘authorities routinely

violated legal protections in the cases of political dissidents’’;

Whereas Dr. Yang Jianli, an internationally renowned scholar, pro-democracy activist, and President of the Foundation for China in the 21st Century, is an alien lawfully

admitted for permanent residence into the United States

who has been detained incommunicado by the Government of the People’s Republic of China since April 26,

2002;

Whereas according to the United Nations Commission on

Human Rights Resolution 1997/38, ‘‘prolonged incommunicado detention may . . . itself constitute a form of

cruel, inhuman, or degrading treatment’’, which is prohibited by international law;

Whereas Dr. Yang Jianli has been deprived of his basic

human rights by being denied access to legal counsel and

contact with his wife and two children (who are United

States citizens), and has also been denied his right to

trial within a reasonable time or to release; and

Whereas the arbitrary imprisonment of United States citizens

and permanent resident aliens by the Government of the

People’s Republic of China, and its continuing violations

of their fundamental human rights, demands a forceful

response by the Congress and the President of the United

States: Now, therefore, be it

1 Resolved, That—


87675b.AAC
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3

•HRES 199 IH

1 (1) the House of Representatives—

2 (A) condemns and deplores the incommuni3 cado detention of Dr. Yang Jianli, and calls for

4 his immediate and unconditional release;

5 (B) condemns and deplores the lack of due

6 process afforded to Dr. Yang;

7 (C) strongly urges the Government of the

8 People’s Republic of China to respond to the re9 peated requests by Members of the House of

10 Representatives for information about Dr.

11 Yang’s whereabouts and condition; and

12 (D) strongly urges the Government of the

13 People’s Republic of China to consider the im14 plications for the broader relationship between

15 the United States and the People’s Republic of

16 China of detaining permanent resident aliens of

17 the United States without providing them ac18 cess to legal counsel or family members; and

19 (2) it is the sense of the House of Representa20 tives that the President—

21 (A) should make the immediate release of

22 Dr. Yang Jianli by the Government of the Peo23 ple’s Republic of China a top priority of United

24 States foreign policy;


87675b.AAD
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•HRES 199 IH

1 (B) should continue to make every effort

2 to assist Dr. Yang Jianli and his family while

3 discussions of his release are ongoing;

4 (C) should make it clear to the Govern5 ment of the People’s Republic of China that the

6 detention of United States citizens and perma7 nent resident aliens, and the infliction of human

8 rights violations on these groups, is not in the

9 interests of the Government of the People’s Re10 public of China because it will reduce the op11 portunities for cooperation between the Untied

12 States and the People’s Republic oif China on

13 other matters; and

14 (D) should immediately send a special,

15 high-ranking representative of the United

16 States Government to the People’s Republic of

17 China to reiterate the deep concern of the

18 United States regarding the continued impris19 onment of Dr. Yang Jianli and other United

20 States citizens and permanent resident aliens

21 whose human rights are being violated and to

22 discuss their legal status and immediate hu23 manitarian needs.

Æ


87675b.AAE
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1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO

H. RES. 199

OFFERED BY MR. LEACH

Strike the preamble and insert the following:

Whereas according to the United States Department of

State’s 2002 Country Reports on Human Rights Practices in China, the Government of the People’s Republic

of China has ‘‘continued to commit numerous and serious

[human rights] abuses’’, including ‘‘instances of . . . arbitrary arrest and detention, lengthy incommunicado detention, and denial of due process’’;

Whereas according to the 2002 Country Reports on Human

Rights Practices in China, ‘‘the country’s criminal procedures were not in compliance with international standards’’, ‘‘the lack of due process in the judicial system remained a serious problem’’, and ‘‘authorities routinely

violated legal protections in the cases of political dissidents’’;

Whereas Dr. Yang Jianli, an internationally renowned scholar, prodemocracy activist, and President of the Foundation for China in the 21st Century, is an alien lawfully

admitted for permanent residence into the United States;

Whereas Dr. Yang Jianli has been detained incommunicado

by the Government of the People’s Republic of China

since April 26, 2002, when he was arrested for reportedly

entering China with false or incomplete identity documents;


87675c.AAB
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2

H.L.C.

Whereas according to the United Nations Commission on

Human Rights Resolution 1997/38, ‘‘prolonged incommunicado detention may . . . itself constitute a form of

cruel, inhuman, or degrading treatment’’, which is prohibited by international law;

Whereas Dr. Yang Jianli has been deprived of his basic

human rights by being denied access to legal counsel and

contact with his wife and two children (who are United

States citizens), and has also been denied his right to

trial within a reasonable time or to release;

Whereas on May 7, 2003, the United Nations Working

Group on Arbitrary Detention expressed the opinion that

‘‘[t]he non-observance of Mr. Yang Jianli’s right to a fair

trial is of such gravity as to give his deprivation of liberty

an arbitrary character. Therefore, his arrest and detention is arbitrary being in contravention of Article 9 of the

Universal Declaration on Human Rights and of Article 9

of the International Covenant on Civil and Political

Rights’’; and

Whereas the arbitrary imprisonment and the violation of the

human rights of United States citizens and permanent

resident aliens by the Government of the People’s Republic of China are sources of continuing, grave concern to

the House of Representatives: Now, therefore, be it

Strike the resolving clause and insert the following:

1 Resolved, That—

2 (1) the House of Representatives—

3 (A) condemns and deplores the incommuni4 cado detention of Dr. Yang Jianli, and calls for

5 his immediate and unconditional release;


87675c.AAC
21

3

H.L.C.

1 (B) condemns and deplores the lack of due

2 process afforded to Dr. Yang;

3 (C) strongly urges the Government of the

4 People’s Republic of China to respond to the re5 peated requests by Members of the House of

6 Representatives for information about Dr.

7 Yang’s whereabouts and condition; and

8 (D) strongly urges the Government of the

9 People’s Republic of China to consider the im10 plications for the broader relationship between

11 the United States and the People’s Republic of

12 China of detaining permanent resident aliens of

13 the United States without providing them ac14 cess to legal counsel or family members; and

15 (2) it is the sense of the House of Representa16 tives that the United States—

17 (A) should make the immediate release of

18 Dr. Yang Jianli by the Government of the Peo19 ple’s Republic of China a top concern of United

20 States foreign policy;

21 (B) should continue to make every effort

22 to assist Dr. Yang Jianli and his family while

23 discussions of his release are ongoing;

24 (C) should make it clear to the Govern25 ment of the People’s Republic of China that the


87675c.AAD
22

4

H.L.C.

1 detention of United States citizens and perma2 nent resident aliens and the infliction of human

3 rights violations on these groups are not in the

4 interest of the Government of the People’s Re5 public of China because they create obstacles to

6 improved bilateral relations and cooperation

7 with the United States; and

8 (D) should reiterate the deep concern of

9 the United States regarding the continued im10 prisonment of Dr. Yang Jianli and other

11 United States citizens and permanent resident

12 aliens whose human rights are being violated,

13 and discuss their legal status and immediate

14 humanitarian needs with the Government of the

15 People’s Republic of China.


87675c.AAE
23

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. 

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. 

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. 

[Whereupon, at 3:01 p.m. the Subcommittee was adjourned.]

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