,,ii #aagth ,,congress #ast ,session ,s4 #cjeb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ba1 #bjba,mr4 ,markey 7for himself1 ,mr4 ,rubio1 ,mr4 ,durbin1 ,mr4 ,tillis1 ,ms4 ,warren1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote free and fair elections1 democracy1 political freedoms1 and human rights in ,cambodia1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cambodia ,democracy and ,human ,rights ,act of #bjba4 #b4 ,findings ,congress finds the following3 7#a7 ,on ,october #bc1 #aiia1 ,cambodia and #ah other countries signed the ,comprehensive ,cambodian ,peace ,agreement 7commonly referred to as the ,paris ,peace ,agreements71 which committed ,cambodia to a democratic system of governance protected by a constitution and free and fair elections and stated that the people of ,cambodia shall enjoy the rights and freedoms embodied in the ,universal ,declaration of ,human ,rights and other relevant international human rights instruments4 7#b7 ,prime ,minister ,hun ,sen has been in power in ,cambodia since #aihd and is the longest-serving leader in ,southeast ,asia4 ,despite decades of international attention and assistance to promote a pluralistic1 multi-party democratic system in ,cambodia1 the ,government of ,cambodia continues to be undemocratically dominated by the ruling ,cambodian ,people's ,party4 7#c7 ,in #bjae1 the ,cambodian ,people's ,party-controlled ,national ,assembly adopted the ,law on ,associations and ,non-,governmental ,organizations1 which gave the ,government of ,cambodia sweeping powers to revoke the registration of nongovernmental organizations in the name of national unity1 and which the government has used to restrict the legitimate work of civil society4 7#d7 ,on ,august #bc1 #bjag1 ,cambodia's ,ministry of ,foreign ,affairs ordered the closure of the ,national ,democratic ,institute office in ,cambodia and the expulsion of its foreign staff4 ,on ,september #ae1 #bjag1 ,prime ,minister ,hun ,sen called for the withdrawal of all volunteers from the ,united ,states ,peace ,corps1 which has operated in ,cambodia since #bjjf with approximately #ejj ,united ,states volunteers providing ,english language and healthcare training4 7#e7 ,the ,government of ,cambodia has taken several measures to restrict its media environment1 especially through politicized tax investigations against independent media outlets that resulted in the closure of ,the ,cambodia ,daily and ,radio ,free ,asia in early ,september #bjag4 ,additionally1 the ,government of ,cambodia has ordered several radio stations to stop the broadcasting of ,radio ,free ,asia and ,voice of ,america programming4 7#f7 ,cambodia's small number of independent trade unions and workers have the right to strike1 but many face retribution for doing so1 according to ,freedom ,house4 7#g7 ,each of the #f elections that have taken place in ,cambodia since #aiia was conducted in circumstances that were not free and fair1 and were marked1 to varying degrees1 by fraud1 intimidation1 violence1 and the misuse by the ,government of ,cambodia of legal mechanisms to weaken opposition candidates and parties4 ,the #bjag local elections were marked by fewer reported irregularities1 however1 which helped the opposition ,cambodia ,national ,rescue ,party 7in this section referred to as the ,,cnrp74 ,hun ,sen responded to those improvements in elections1 resulting in part from international assistance and observers1 by banning the ,,cnrp1 the primary opposition party1 on ,november #af1 #bjag4 7#h7 ,on ,september #c1 #bjag1 ,kem ,sokha1 the ,president of the ,,cnrp1 was arrested on politically motivated charges1 including treason and conspiring to overthrow the ,government of ,cambodia4 ,while he was released on bail1 he faces up to #cj years in prison4 ,his trial has been delayed due to the coronavirus disease #bjai 7commonly known as ,,covid-#ai7 pandemic and will likely not resume in #bjba4 7#i7 ,in the most recent general election in ,july #bjah1 following the dissolution of the ,,cnrp1 the ,cambodian ,people's ,party secured every parliamentary seat1 an electoral victory that the ,white ,house ,press ,secretary stated was neither free nor fair and failed to represent the will of the ,cambodian people4 7#aj7 ,the widespread crackdown by the ,government of ,cambodia on the political opposition and other independent voices has caused many ,,cnrp leaders to flee abroad4 ,according to ,human ,rights ,watch1 on ,march #ab1 #bjai1 a court criminally charged and issued arrest warrants for #h leading members of the ,,cnrp1 including former ,,cnrp leader ,sam ,rainsy1 who had left ,cambodia ahead of the ,july #bjah election1 as well as ,mu ,sochua1 ,ou ,chanrith1 ,eng ,chhai ,eang1 ,men ,sothavarin1 ,long ,ry1 ,tob ,van ,chan1 and ,ho ,vann4 7#aa7 ,the ,government of ,cambodia has arrested many opposition party members and democracy activists who remained in ,cambodia4 ,more than #hj opposition party supporters and activists were arrested in #bjai and were released on bail with charges still pending and could face re-arrest any time4 7#ab7 ,in ,november #bjai1 ,sam ,rainsy made a failed attempt to return to ,cambodia to partake in mass pro-democracy protests4 ,approximately #aej ,,cnrp activists were put on trial in #bjbj and #bjba for treason for calling for his return4 7#ac7 ,in ,march #bjba1 a ,cambodian court convicted and sentenced ,sam ,rainsy in absentia to #be years in prison and #h other opposition figures living in exile1 including ,rainsy's wife ,tioulong ,saumura1 as well as ,mu ,sochua1 ,eng ,chhay ,eang1 ,men ,sothavarin1 ,ou ,chanrith1 ,ho ,vann1 ,long ,ry1 and ,nuth ,romduol1 to between #bj and #bb years4 7#ad7 ,prime ,minister ,hun ,sen has used the ,,covid-#ai pandemic as justification to further consolidate power and the ,cambodia ,people's ,party-controlled ,national ,assembly passed new laws to further curtail the rights to freedom of expression1 peaceful assembly1 and association4 7#ae7 ,according to ,human ,rights ,watch1 under the guise of the pandemic1 authorities-- 7,a7 banned protests organized by youth and environmental activists2 7,b7 detained and interrogated at least #cj people for ,facebook posts related to the pandemic2 and 7,c7 charged one journalist for pandemic-related reporting4 7#af7 ,according to ,freedom ,house1 ,hun ,sen uses the police and armed forces as instruments of repression4 ,the military has stood firmly behind ,hun ,sen and his crackdown on opposition groups and ,hun ,sen has built a personal bodyguard unit in the armed forces that he reportedly uses to harass and abuse ,cambodian ,people's ,party opponents4 7#ag7 ,in ,august #bjbj1 #ad youth and environmental activists were detained by ,cambodian authorities4 ,in ,may #bjba1 #c environmental activists were convicted on charges of incitement to commit a felony or disturb social order1 related to peaceful protests against authorities4 ,in ,june #bjba1 a ,cambodian court charged #c environmental activists with plotting against the government and insulting the king4 ,the #bjbj ,country ,reports on ,human ,rights ,practices of the ,department of ,state reported at least #dj political prisoners or detainees in ,cambodia4 7#ah7 ,in #bjai1 the ,wall ,street ,journal reported that ,cambodia had signed a deal with the ,government of the ,people's ,republic of ,china to allow that ,government access to and use of the ,ream ,naval ,base on the ,gulf of ,thailand1 which would violate the ,constitution of ,cambodia1 which prohibits the establishment of foreign military bases4 7#ai7 ,in #bjai1 the ,new ,york ,times reported that a company described by the ,department of the ,treasury as being a state-owned company of the ,people's ,republic of ,china had secured a #ii-year lease to build an airport capable of supporting military aircraft at ,dara ,sakor1 raising concerns that ,beijing intends to use this dual-use facility for its military1 which would violate the ,constitution of ,cambodia4 7#bj7 ,in section #dja of the ,asia ,reassurance ,initiative ,act of #bjah 7,public ,law #aae-dji2 #acb ,stat4 #edjg71 ,congress expressed serious concerns with the rule of law and civil liberties in ,cambodia and made the finding that the promotion of human rights and respect for democratic values in the ,indo-,pacific region is in the ,united ,states national security interest4 7#ba7 ,the #bjbj ,country ,reports on ,human ,rights ,practices of the ,department of ,state stated1 of ,cambodia1 ,corruption was endemic throughout society and government4 ,there were reports police1 prosecutors1 investigating judges1 and presiding judges took bribes from owners of both legal and illegal businesses4 ,citizens frequently and publicly complained about corruption4 ,meager salaries contributed to survival corruption among low-level public servants1 while a culture of impunity enabled corruption to flourish among senior officials44 7#bb7 ,section #gjdc7;b7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjah 7division ,k of ,public ,law #aae-ada2 #acb ,stat4 #iah7 and section #bja7;f7 of the ,asia ,reassurance ,initiative ,act of #bjah 7,public ,law #aae-dji2 #acb ,stat4 #ecib7 restrict assistance to ,cambodia until the ,government of ,cambodia takes effective steps to-- 7,a7 strengthen regional security and stability1 particularly regarding territorial disputes in the ,south ,china ,sea and the enforcement of international sanctions with respect to ,north ,korea2 and 7,b7 respect the rights and responsibilities enshrined in the ,constitution of the ,kingdom of ,cambodia as enacted in #aiic1 including through the-- 7i7 restoration of the civil and political rights of the opposition ,cambodia ,national ,rescue ,party1 media1 and civil society organizations2 7ii7 restoration of all elected officials to their elected offices2 and 7iii7 release of all political prisoners1 including journalists1 civil society activists1 and members of the opposition political party4 7#bc7 ,on ,december #i1 #bjai1 the ,department of the ,treasury imposed sanctions under the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note7 with respect to certain corrupt ,cambodian actors and their networks4 7#bd7 ,in ,february #bjai1 the ,european ,union began intense scrutiny of ,cambodia's eligibility to for preferential trade access in light of the deterioration of democracy1 the rule of law1 and the protection of human rights in ,cambodia4 ,in ,february #bjbj1 the ,european ,union1 ,cambodia's largest export market1 partially suspended trade preferences for ,cambodia under its ,everything but ,arms trade program1 in response to ,cambodia's violations of civil and political rights4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states is committed to promoting democracy1 human rights1 and the rule of law in ,cambodia1 as laid out in the #aiia ,paris ,peace ,agreements2 7#b7 the ,united ,states ,government1 through diplomacy and assistance1 must urge the ,government of ,cambodia to-- 7,a7 release all political prisoners2 7,b7 drop all politically motivated charges and vacate convictions against members of the ,cambodia ,national ,rescue ,party1 journalists1 and civil society activists2 and 7,c7 restore full political rights to the ,cambodia ,national ,rescue ,party and other political parties2 7#c7 the ,united ,states ,government should urge the ,government of ,cambodia-- 7,a7 to reverse the policies and actions that have resulted in the dismantling of democracy1 the blatant disregard of fundamental human rights1 and the breakdown of rule of law in ,cambodia2 7,b7 to immediately discontinue the imprisonment and judicial harassment of journalists1 political dissidents1 and activists1 and drop politically motivated charges2 7,c7 to halt the threat of mass arrests and violence if and when ,cambodia ,national ,rescue ,party members currently overseas return to ,cambodia2 7,d7 to reinstate the political status of the ,cambodia ,national ,rescue ,party and other opposition parties1 restore the ,cambodia ,national ,rescue ,party's elected seats in the ,national ,assembly1 and support electoral reform efforts in ,cambodia with free and fair elections monitored by international observers2 7,e7 to ensure that media outlets are able to operate freely and without interference1 including having the ability to apply for and receive licenses to operate within ,cambodia2 and 7,f7 to consider how allowing the ,people's ,liberation ,army to conduct activities1 gain access1 or establish a presence in ,cambodia would harm ,cambodia's relationships with its neighbors1 partners1 and allies1 and violate the ,constitution of ,cambodia2 7#d7 ,prime ,minister ,hun ,sen is directly responsible1 and should be held accountable1 for the safety1 health1 and welfare of exiled ,cambodia ,national ,rescue ,party leaders and their supporters upon their return to ,cambodia2 7#e7 other governments throughout the ,indo-,pacific region should-- 7,a7 urge the ,government of ,cambodia to allow the peaceful return of exiled ,cambodia ,national ,rescue ,party leaders and their supporters2 and 7,b7 refrain from illegally restricting the rights of ,cambodia ,national ,rescue ,party members to travel to and through their countries as they return2 and 7#f7 in the absence of systemic democratic reforms on the part of the ,government of ,cambodia1 there is need for additional ,united ,states ,government measures1 including through legislation and executive action4 #d4 ,sanctions relating to undermining democracy in ,cambodia 7a7 ,identification of persons responsible for undermining democracy in ,cambodia 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a list of-- 7,a7 each foreign person1 including any senior official of the ,government1 military1 or security forces of ,cambodia1 who the ,president determines has1 on or after such date of enactment-- 7i7 directly and substantially undermined democracy in ,cambodia1 including through the use of baseless legal charges1 malicious prosecution1 or mass trials2 7ii7 committed or directed serious human rights violations associated with undermining democracy in ,cambodia2 or 7iii7 engaged in or directed acts of significant corruption1 including the expropriation of private or public assets for personal gain1 corruption related to government contracts or the extraction of natural resources1 bribery1 or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions2 and 7,b7 each foreign person owned or controlled by an official described in subparagraph 7,a74 7#b7 ,updates ,the ,president shall submit to the appropriate congressional committees updated lists under paragraph 7#a7 as new information becomes available4 7b7 ,imposition of sanctions ,the ,president shall impose the following sanctions with respect to each foreign person on the list required by subsection 7a73 7#a7 ,asset blocking ,the ,president shall exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 7except that the requirements of section #bjb of such ,act 7#ej ,u4,s4,c4 #agja7 shall not apply7 to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,aliens inadmissible for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,in the case of an individual1 that individual is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,the visa or other entry documentation of the individual shall be revoked1 regardless of when such visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 automatically cancel any other valid visa or entry documentation that is in the individual's possession4 7c7 ,exceptions 7#a7 ,exception relating to importation of goods 7,a7 ,in general ,the authorities and requirements to impose sanctions authorized under subsection 7b77#a7 shall not include the authority or requirement to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7#b7 ,exception to comply with international obligations ,sanctions under subsection 7b77#b7 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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations of the ,united ,states4 7d7 ,waiver ,the ,president may waive the application of sanctions under subsection 7b7 with respect to a foreign person on the list required by subsection 7a7 if the ,president determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the ,united ,states4 7e7 ,suspension of sanctions 7#a7 ,suspension ,the requirement to impose sanctions under this section may be suspended for an initial period of not more than one year if the ,president determines and certifies to the appropriate congressional committees that ,cambodia is making meaningful progress toward the following3 7,a7 ,ending government efforts to undermine democracy4 7,b7 ,ending human rights violations associated with undermining democracy4 7,c7 ,releasing all political prisoners4 7,d7 ,dropping all politically motivated charges and vacating convictions from any such charges against members of the ,cambodia ,national ,rescue ,party1 journalists1 and civil society activists4 7,e7 ,conducting free and fair elections that allow for the active participation of credible opposition candidates4 7#b7 ,renewal of suspension ,the suspension of sanctions under paragraph 7#a7 may be renewed for additional1 consecutive one-year periods if the ,president determines and certifies to the appropriate congressional committees that ,cambodia continued to make meaningful progress toward satisfying the conditions described in that paragraph during the year preceding the certification4 7f7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7b77#a7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7g7 ,sunset ,this section shall terminate on the date that is #e years after the date of the enactment of this ,act4 #e4 ,report on activity of the ,people's ,liberation ,army and ,government of the ,people's ,republic of ,china in ,cambodia ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a report assessing-- 7#a7 the involvement of the ,government of the ,people's ,republic of ,china or the ,people's ,liberation ,army in upgrading existing facilities or constructing new facilities at ,ream ,naval ,base and ,dara ,sakor ,airport in ,cambodia2 7#b7 any actual or projected benefits1 including any enhancement of the power projection capabilities of the ,people's ,liberation ,army1 that the ,government of the ,people's ,republic of ,china or the ,people's ,liberation ,army may accrue as a result of such upgrades or construction2 7#c7 the impact that the presence of the ,people's ,liberation ,army in ,cambodia may have on the interests1 allies1 and partners of the ,united ,states in the region2 7#d7 any efforts undertaken by the ,united ,states ,government to convey to the ,government of ,cambodia the concerns relating to the presence of the ,people's ,liberation ,army and the ,government of the ,people's ,republic of ,china in ,cambodia and the impact that presence could have on adherence to the ,constitution of ,cambodia2 and 7#e7 the impact the presence of the ,people's ,liberation ,army in ,cambodia1 as well as closer government-to-government ties between ,cambodia and the ,government of the ,people's ,republic of ,china1 including through investments under the ,belt and ,road ,initiative1 has had on the deterioration of democracy and human rights inside ,cambodia4 #f4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives4 7#b7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#c7 ,people's ,liberation ,army ,the term ,people's ,liberation ,army means the armed forces of the ,people's ,republic of ,china4 7#d7 ,person 7,a7 ,in general ,the term person means-- 7i7 a natural person2 or 7ii7 a corporation1 business association1 partnership1 society1 trust1 financial institution1 insurer1 underwriter1 guarantor1 and any other business organization1 any other nongovernmental entity1 organization1 or group1 and any governmental entity operating as a business enterprise or any successor to any entity described in this clause4 7,b7 ,application to governmental entities ,the term person does not include a government or governmental entity that is not operating as a business enterprise4 7#e7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction of the ,united ,states1 including a foreign branch of such an entity4