Cambodia Democracy Act of 2021
This bill directs the President to impose sanctions on individuals responsible for acts to undermine democracy in Cambodia, including acts that constituted serious human rights violations.
The sanctions shall be directed at senior Cambodian government, military, or security forces officials responsible for such actions, as well as entities controlled or owned by such individuals.
The sanctions shall include blocking assets and restricting the entry of sanctioned individuals into the United States, and shall not apply to the importation of goods.
The President may waive the sanctions with respect to a person or entity if it is in the national interest of the United States. The President may suspend the sanctions if Cambodia makes meaningful progress toward ending government efforts to undermine democracy or committing human rights violations.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4686 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4686
To promote free and fair elections, political freedoms, and human
rights in Cambodia, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2021
Mr. Chabot (for himself, Mr. Lowenthal, Mr. Sherman, and Mr. Taylor)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committees on the Judiciary,
and the Budget, 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 promote free and fair elections, political freedoms, and human
rights in Cambodia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cambodia Democracy Act of 2021''.
SEC. 2. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN CAMBODIA.
(a) Designation of Persons Responsible for Undermining Democracy in
Cambodia.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall designate and
transmit to the appropriate congressional committees a list
of--
(A) each senior official of the government,
military, or security forces of Cambodia who the
President determines has directly and substantially
undermined democracy in Cambodia;
(B) each senior official of the government,
military, or security forces of Cambodia who the
President determines has committed or directed serious
human rights violations associated with undermining
democracy in Cambodia; and
(C) entities owned or controlled by senior
officials of the government, military, or security
forces of Cambodia described in subparagraphs (A) and
(B).
(2) Imposition of sanctions.--The President shall impose
the sanctions described in subsection (b) on each foreign
person designated pursuant to paragraph (1).
(3) Updates.--The President shall transmit to the
appropriate congressional committees updated lists under
paragraph (1) as new information becomes available.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Asset blocking.--The President shall exercise all of
the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of a foreign person
designated under subsection (a) if such property and interests
in property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(2) Inadmissibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--A foreign person
designated under subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--A foreign person
designated under subsection (a) is subject to the
following:
(i) In general.--The foreign person is
subject to revocation of any visa or other
entry documentation regardless of when the visa
or other entry documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(C) Exception to comply with international
obligations.--Sanctions under this paragraph shall not
apply with respect to a foreign person if admitting or
paroling the person into the United States is necessary
to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations.
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign
person that violates, attempts to violate, conspires to
violate, or causes a violation of paragraph (1) to the same
extent that such penalties apply to a person that commits an
unlawful act described in subsection (a) of such section 206.
(c) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
section.
(d) Waiver.--The President may waive the application of sanctions
described in subsection (b) with respect to a person designated under
subsection (a) if the President determines and certifies to the
appropriate congressional committees that such waiver is in the
national interest of the United States.
(e) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this Act shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 3. SUSPENSION OF SANCTIONS.
(a) Suspension.--The sanctions described in section 3 may be
suspended for up to 1-year upon certification by the President to the
appropriate congressional committees that Cambodia is making meaningful
progress toward the following:
(1) Ending government efforts to undermine democracy.
(2) Ending human rights violations associated with
undermining democracy.
(3) Conducting free and fair elections which allow for the
active participation of credible opposition candidates.
(b) Renewal of Suspension.--The suspension described in subsection
(a) may be renewed for additional, consecutive-day periods if the
President certifies to the appropriate congressional committees that
Cambodia is continuing to make meaningful progress towards satisfying
the conditions described in such subsection during the previous year.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 5. SUNSET.
This Act shall terminate on the date that is 5 years after the date
of the enactment of this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs and the Committee on Financial Services of the
House of Representatives, and the Committee on Foreign
Relations and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(2) Person.--
(A) In general.--The term ``person'' means--
(i) a natural person; or
(ii) a corporation, business association,
partnership, society, trust, financial
institution, insurer, underwriter, guarantor,
and any other business organization, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise or any successor to any
entity described in this clause.
(B) Application to governmental entities.--The term
``person'' does not include a government or
governmental entity that is not operating as a business
enterprise.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction of the United
States, including a foreign branch of such an entity.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and the Budget, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and the Budget, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and the Budget, 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.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Ms. Wild moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5490-5492)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4686.
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At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5495-5496)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 403 - 17 (Roll no. 301).(text: CR H5490-5491)
Roll Call #301 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 403 - 17 (Roll no. 301). (text: CR H5490-5491)
Roll Call #301 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Foreign Relations.