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McConnell
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 1996 (Senate - September 21, 1995)
I wish the people of Hong Kong well as they continue to demonstrate their
clear will to maintain the cause of democracy. I urge my colleagues to
support this amendment.
AMENDMENT NO. 2753
(PURPOSE: TO IMPOSE SANCTIONS AGAINST BURMA , AND COUNTRIES ASSISTING BURMA
, UNLESS BURMA OBSERVES BASIC HUMAN RIGHTS AND PERMITS POLITICAL FREEDOMS)
At the appropriate place in the bill insert the following.
SEC. 2. SANCTIONS AGAINST BURMA .
Except as provided in section 4, the following sanctions shall apply to
Burma , effective 90 days after the date of enactment of this Act (or on
such other date as is specified in this section):
(1) Investments: No United States national may make any investment in Burma
(2) United states assistance: United States assistance for Burma is
prohibited.
(3) Trade privileges: The President shall continue the suspension of
special trade privileges pursuant to the Generalized System of Preferences
(GSP), and shall continue the suspension of nondiscriminatory trade
treatment (most-favored-nation status), with respect to Burma .
(4) Importation of goods: No article which is produced, manufactured,
grown, or extracted in Burma may be imported into the United States.
(5) Trade and investment treaties: The United States should continue to
suspend carrying out obligations under bilateral trade and investment
treaties with Burma .
(6) Travel restrictions: The Secretary of State shall prohibit the use of
United States passports for travel to Burma except for travel by United
States diplomatic personnel.
(7) Diplomatic representation: The President is urged not to accept
diplomatic representation from Burma at a level greater than the level of
diplomatic representation accorded the United States in Burma .
(8) Foreign assistance: The United States shall suspend assistance under
the Foreign Assistance Act of 1961 and the Arms Export Control Act to any
foreign government which sells or otherwise transfers arms to the
Government of Burma .
(9) International organizations contributions: The United States shall
withhold from each international organization that funds activities in
Burma other than humanitarian activities an amount equal to the United
States proportionate share of that funding.
(10) Multilateral assistance: The Secretary of the Treasury shall instruct
the United States executive director of each financial institution to vote
against any loan or other utilization of the funds of the respective bank
to or for Burma .
(11) Eminent persons group: The President, acting through the United States
Permanent Representative to the United Nations, should urge the United
Nations to establish an eminent persons group to report on compliance by
the Government of Burma with United Nations resolutions.
(12) International arms embargo: The President, acting through the United
States Permanent Representative to the United Nations, should urge the
establishment by the United Nations of an international arms embargo of
Burma .
[Page: S14066]
SEC. 3. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA .
(a) Negotiations With Trading Partners:
(1) In general: Not later than 15 days after the date of the enactment of
this Act, the President shall initiate negotiations with all foreign
countries with which the United States trades for the purpose of entering
into agreements with the countries--
(A) to support United States sanctions against Burma , and
(B) to cease trade with and investment in Burma .
(2) Certification of negotiations and agreements: Not later than 90 days
after the date of the enactment of this Act, the President shall certify to
the Congress each country that--
(A) has failed to enter into an agreement described in paragraph (1), or
(B) has entered into such an agreement but is not enforcing it.
(3) Action by the president: Notwithstanding any other provision of law, if
a certification is made with respect to any country under paragraph (2) the
President shall withdraw--
(A) any designation of such country--
(i) as a beneficiary developing country for purposes of title V of the
Trade Act of 1974 (19 U.S.C. 2461 et seq.),
(ii) as a beneficiary country for purposes of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2701 et seq.), or
(iii) as a beneficiary country for purposes of the Andean Trade Preference
Act (19 U.S.C. 3201 et seq.),
(B) from such countries the benefits of any other special tariff treatment
program under which the special rates of duty apply under column 1 of the
Harmonized Tariff Schedule of the United States, and
(C) most-favored-nation trade treatment with respect to any such country.
(b) Applicability:
(1) In general: The provisions of this section apply to goods entered, or
withdrawn from warehouse for consumption, originating in or imported from a
country with respect to which an action described in subsection (a)(3) has
been taken, during the period beginning on the date that is 15 days after
the date of the certification described in subsection (a)(2) and ending on
the date that is 15 days after the earlier of--
(A) the date the President certifies to the Congress that such country has
entered into an agreement described in subsection (a)(1) and is enforcing
the agreement, or
(B) the date a certification described in section 4 is made.
(2) Rate of duty during period designation is withdrawn: During the period
described in paragraph (1), goods entered, or withdrawn from warehouse for
consumption, originating in or imported from a country described in
subsection (a)(3) shall be subject to duty at the rates of duty specified
for such goods under column 2 of the Harmonized Tariff Schedule of the
United States.
SEC. 4. CERTIFICATION.
The sanctions of section 2 shall not apply upon the determination and
certification by the President to the appropriate congressional committees
that the following conditions are met:
(1) The Government of Burma has unconditionally released all political
prisoners, including Aung San Suu Kyi.
(2) The Government of Burma has fully implemented the results of the 1990
elections in Burma , including the transfer of power to civilian authority,
the protection of basic human rights, and guaranteeing the right of Burmese
citizens to participate freely in the political process, assuring freedom
of speech and the right of association and assembly.
(3) The Government of Burma has implemented an effective counternarcotics
effort.
SEC. 5. SANCTIONS AGAINST THE PEOPLE'S REPUBLIC OF CHINA.
The Secretary of the Treasury shall instruct the United States executive
director of each multilateral financial institution to vote against any
loan or other utilization of the facilities of the respective institution
to or for the People's Republic of China until the President determines and
certifies to the appropriate congressional committees that the People's
Republic of China has terminated arms sales and other arms transfers to
Burma .
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF THAILAND.
The President shall withhold all United States assistance to the Government
of Thailand until the President determines and certifies to the appropriate
congressional committees that the Government of Thailand is fully
cooperating in providing support and relief for Burmese exiles and
refugees.
SEC. 7. REPORT.
Not later than 45 days after the date of enactment of this Act, the
President shall submit a report to the appropriate congressional committees
on--
(1) the chemical and biological weapons capability of Burma ;
(2) a plan to provide United States assistance in support of the democracy
movement active inside Burma ;
(3) the treatment by the Government of Thailand of Burmese students,
refugees, and exiles resident in Thailand; and
(4) the status of arms sales and other arms transfers to the Government of
Burma , including the amount of expenditures by the Government of Burma in
the acquisition of arms.
SEC. 8. DEFINITIONS.
As used in this Act:
(1) Appropriate congressional committees: The term `appropriate
congressional committees' means the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International Relations of the House of
Representatives.
(2) Investment: The term `investment' includes any contribution or
commitment of funds, commodities, services, patents, processes, or
techniques, in the form of--
(A) a loan or loans;
(B) the purchase of a share of ownership;
(C) participation in royalties, earnings, or profits; and
(D) the furnishing of commodities or services pursuant to a lease or other
contract.
(3) Humanitarian activities: The term `humanitarian activities' means the
provision of food, medicine, medical supplies, or clothing and does not
include cash transfers.
(4) Financial institutions: The term `financial institutions' includes the
International Bank for Reconstruction and Development, the International
Development Association, the Asian Development Bank, and the International
Monetary Fund.
(5) United states assistance: The term `United States assistance' means
assistance of any kind which is provided by grant, sale, loan, lease,
credit, guaranty, or insurance, or by any other means, by any agency or
instrumentality of the United States Government to any foreign country,
including--
(A) assistance under the Foreign Assistance Act of 1961 (including programs
under title IV of chapter 2 of part I of the Act);
(B) sales, credits, and guaranties under the Arms Export Control Act (22
U.S.C. 2751 et seq.);
(C) sales under title I (7 U.S.C.A. 1701 et seq.) or III (17 U.S.C.A. 1727
et seq.) and donations under title II (17 U.S.C.A. 1721 et seq.) of the
Agricultural Trade Development and Assistance Act of 1954 of nonfood
commodities;
(D) other financing programs of the Commodity Credit Corporation for export
sales of nonfood commodities; and
(E) financing under the Export-Import Bank Act of 1945 (12 U.S.C.A. 635 et
seq.).
ÿ08
Mr. McCONNELL. Mr. President, in July 1989, Ong Son Sue Chi, leader of the
National League for Democracy was placed under house arrest. In spite of
her arrest, National League for Democracy representatives swept the
elections, held the following May, winning 392 of the 485 seats in
Parliament. As we all know, the State Law and Order Restoration Council,
SLORC, rejected the outcome and has maintained an iron grip on Burma ever
since.
While Sue Chi has now been released, today like all others for the people
of Burma marks one more day of ruthless repression. The recent U.N. Special
Rapporteur summed up the view of every human rights group and democratic
activist I have spoken with. People are fearful that whatever they say or
do will risk interrogation or arrest. In cold and dispassionate terms he
reported his concern about forced labor, forced porterage, forced
relocations, arbitrary killings, beatings, rape, and confiscation of
property by the army.
I urge all of you to read the July National Geographic article on Burma .
While holding out hope that Burma 's rich natural resources will someday
offer its people a prosperous future, the article describes how clearly the
SLORC enriches itself using fear and intimidation to exploit both the
people and the land--an opinion shared by the Wall Street Journal.
Some of you might ask why I am more concerned about Burma than other
countries questionable human or political rights records. I am hard pressed
to find another regime on earth that I find as insulted, self serving, and
repugnant.
This is not a honorable government interested in stability and freedom.
It is a dictatorship and signs cease-fires with ethnic leaders then
unleashes 10,000 well-armed troops on their camps of supporters. Last
December, when Manerplaw was under attack, I offered the view that SLORC
would release Sue Chi after annihilating all the groups that actively
supported her democracy movement. The fall of Manerplaw generated 80,000
refugees. Today, as we speak, Karenni camps are under siege, in direct
violation of a negotiated cease-fire. Twenty thousand civilians have fled
the fighting.
SLORC is not a responsible government interested in development--it is a
corrupt dictatorship driven to protect its power and wealth. While people
starve, this regime has spent 45 percent of its budget on arms.
Unlike China, where I believe economic liberalization is benefiting
hundreds of thousands of people and leading to political change, only SLORC
officials and their cronies benefit in Burma . I think that is why there is
unanimous support for this legislation from Burmese student, ethnic and
democratic leaders alike.
Before talking about the bill, I want to take just a minute to discuss why
I think it is important to move legislation at this point.
As we redefine our priorities in the post-cold-war world, there is an
urgency to transnational threats. I put international narcotics trafficking
and crime at the top of my list of concerns.
In 1986, 15 percent of the heroin coming into this country was
coming from Asia, now it's 65 percent. Just as important is the purity.
National and local law enforcement officials in Kentucky tell me that 10
years ago, heroin on our streets was 2 to 3 percent pure. Today it's
anywhere from 25 to 65 percent pure.
Heroin trafficking is a serious national security threat.
In a Foreign Operations Subcommittee hearing I recently asked the Assistant
Secretary of State for Asia, Win Lord, several questions on Burma , SLORC,
and the narcotics problem. His response offers insight into why I think we
should press to isolate the SLORC.
Since SLORC has an enormous security apparatus with a tight grip on the
nation, I asked him what were the major impediments to an effective
counternarcotics effort. He said,
[Page: S14067]
What is going to solve the problem over the long run is a popular,
representative open government--all other efforts are minuscule compared to
whether you have an open system there.
I agree.
Last November a senior State Department official issued an ultimatum to the
SLORC--bilateral relations would only improve if there was progress on
human rights, democracy, and counternarcotics. No one disputes, inside or
outside the administration, that we have seen a real deterioration on all
fronts. Unfortunately, the administration has failed to follow through. A
few weeks ago, Ambassador Albright visited Burma . According to news
accounts she reiterated the November message--we want to see improvements.
SLORC must be wondering by now--improvements, or what?
What are the real consequences? So far, none.
Which is why I have decided to move forward with this legislation. Let me
turn now to the contents of the amendment.
I think we would all agree that unilateral sanctions are not as successful
in applying pressure to a government as an international effort. There are
several provisions which address U.S. unilateral action including banning
investment, trade, imports, aid and support through international financial
institutions. I also require the President to initiate negotiations to
secure support with our trading partners for international sanctions.
Countries failing to reach agreement on an embargo will risk their MFN and
and GSP status.
At this point, after years of self-imposed exile, there is very little
foreign investment in Burma . I am willing to guess that few nations will
be willing to put their existing trading relationship with the United
States at risk for potential future financial gain in Burma .
The amendment also requires the executive director at international
financial institutions to vote against loans to China if the PRC continues
to sell or transfer arms to Burma . The State Department estimates that
SLORC spends 45 percent of their budget on weapons--arms used solely to
terrorize their own citizens.
The amendment will also suspend United States assistance to Thailand if
there continues to be a lack of cooperation in the provision of relief and
support to students, refugees, and democratic
activists living in exile. Students and leaders have been arbitrarily
detained, arrested, had their offices broken into and documents removed.
The problems are usually resolved when various officials are paid so-called
fees and fines. I am not suggesting that there is a condoned program
orchestrated by the Thai Government at work, but I do think there should be
a more serious effort to control the conduct of rogue officials.
The amendment also requires several reports among which is one on SLORC's
chemical and biological weapons capabilities. In the attacks carried out
last year against various camps, thee were a number of eyewitness accounts
of the use of some kind of toxic substance. I understand clothing and other
items have been turned over to the U.S. labs for analysis. I earnestly hope
the report advises us that there is no reason to believe the SLORC has a
CBW capability.
Let me conclude with a personal observation made recently by an
International Red Cross official with years of experience in Asia. After
dragging their feet for 7 years, the SLORC recently rejected the ICRC's
request for access to political prisoners. Although they stand ready to
return at any point, the ICRC decided to withdraw in July because SLORC
will not grant them the simplest of terms, which 59 other countries accept,
that being unsupervised, regular access to political prisoners. I think at
one point SLORC offered access to Sue Chi, but she courageously declined
asking that she not be given any preferential treatment not offered to
other political prisoners.
When asked when and why the talks collapsed, this official said,
Last summer when they started to really make money. SLORC realized they
could secure their position and their wealth without paying any political
price.
Shortly after she was released, SUU CHI cautiously welcomed this
legislation saying,
These are very tough sanctions. They--the sponsor--have shown they are
interested in how the democracy movement progresses. I am very grateful for
it.
In July she was reluctant to directly call for a ban on investment fearing
retaliation by SLORC. Now that months have passed with no progress she has
taken a tougher stand. In a recent interview with an Australian journalist
she called for a suspension of foreign investment until real progress on
the democratic front has been achieved.
I think it is important that we respect and promote that agenda. Keeping
the pressure on SLORC will assure that her release is translated from a
symbolic gesture to freedom and democracy for all Burmese.
Mr. President, let me conclude by noting this initiative is supported by a
wide variety of organizations and individuals including Nobel Laureate
Betty Williams and Desmond Tutu, the AFL-CIO, the Democratic Burmese
Students Organization, the National Coalition Government of the Union of
Burma , the American Baptist Convention, the Asian-American Civic Alliance,
and the United Front for Democracy and Human Rights in Burma . I have also
heard from ethnic leaders endorsing the approach including ministers
representing the Karen, Karenni, and Mon people. I ask unanimous consent to
print in the Record letters from some of the these groups.
There being no objection, the letters were ordered to be printed in the
Record, as follows:
NATIONAL COALITION GOVERNMENT OF THE UNION OF BURMA , OFFICE OF THE PRIME
MINISTER,
Washington, DC, March 29, 1995.
Hon. Mitch McConnell,
U.S. Senate, Russell Building,
Washington, DC.
Dear Senator McConnell: I have recently learned of your intention to
introduce a bill to impose US economic sanctions on Burma . On behalf of
the democratically elected government of Burma , I am writing to give you
my wholehearted support as well as that of my government in your effort.
The imposition of sanctions should never be taken lightly. Any measure
designed to constrict the economy of a country will cause some degree of
hardship to the people. However, I believe, and the democratic forces
working to liberate our country believe, that foreign investment serves to
strengthen the outlaw State Law and Restoration Council (SLORC). It is
providing SLORC with the means to finance a massive army and intelligence
service whose only job is to crush internal dissent. SLORC controls all
foreign investment into Burma and channels contracts to the military and
its party officials. Unlike other countries, investment will not serve to
create a middle class of entrepreneurs, only reinforce allegiance to a
regime that has murdered tens of thousands of people whose crime was the
desire for democracy and to live in a free society. SLORC is in desperate
need of foreign currency. Cutting off access to US funds will be a severe
blow to SLORC.
Your decision to move forward on this issue will not be popular with the US
business community or countries in Europe and Asia. There are many who
place trade and money over Burma 's deplorable narcotics, political, and
human rights record. I applaud your courage and will do everything in my
power to see you succeed.
The United States has a very special place in the hearts of my countrymen.
During the massive democracy demonstrations in 1988, students could be seen
marching in Rangoon carrying American flags and demonstrating in front of
the US Embassy. Supporting us in our struggle is the International
Republican Institute. This organization funds pro-democracy activities
inside Burma . The Burmese people desperately want what Americans have: the
ability to live in peace without fear of government persecution, respect
for human rights, and social justice. American ideals will always be a
symbol for what we can achieve.
I want to personally thank you for your leadership and raising your voice
to support those who are oppressed. I look forward to assisting you in any
way possible.
With my highest consideration,
Yours Sincerely,
(Sein Win),
Prime Minister.
--
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATION,
Washington, DC, February 6, 1995.
Hon. Warren Christoper,
Secretary of State, U.S. Department of State, Washington, DC.
[Page: S14068]
Dear Mr. Secretary: I write to you to express my strong concerns about the
continuing egregious behavior of the State Law and Order Restoration
Council (SLORC) regime of Burma . Directly contradicting its claims that it
seeks peace and national reconciliation, SLORC sent the Burmese army to
viciously attack, capture and sack Manerplaw, the headquarters of the Karen
people and key base area for many groups, including the Federation of Trade
Unions Burma (FTUB), seeking to restore democracy in Burma .
We believe that the blatant, unprovoked attack on Manerplaw is a major
setback for the cause of democracy in Burma and merits a strong response
from the U.S. Government. In the `two visions' policy laid out by Deputy
Assistant Secretary Hubbard during his visit to Rangoon, the U.S. indicated
that, if progress by SLORC on issues of democracy and human rights was not
forthcoming, the U.S. would renew its campaign to isolate the regime. In
line with this policy, now is the time for the U.S. to show, by actions,
that it is serious.
Accordingly, we urge the U.S. Government to implement a full trade and
investment embargo against Burma . Since most U.S. investment enters Burma
through joint ventures with SLORC government agencies or entities wholly
controlled by the regime, implementing sanctions would have a direct impact
on the ability of the SLORC to repress its people and conduct war on groups
opposed to this illegitimate government. The withdrawal of the Commercial
Officer from the U.S. Embassy in Rangoon would further underscore this
message. We also renew our call for the U.S. Government to exert pressure
to block development and aid projects of international institutions that
benefit the SLORC.
Sincerely,
Lane Kirkland,
President.
--
Asian-American Civic Alliance,
Ft. Lauderdale, FL, July 10, 1995.
Hon. Senator Mitch McConnell,
U.S. Senate,
Washington, DC.
Dear Senator: We are very grateful of your great effort which have
contributed towards the release of Aung San Suu Kyl.
We hope that you will continue to assist bring Democracy in our beloved
country, Burma .
Please continue your most powerful Bill against the Military Regime in
Burma so that the 43 millions Burmese--every citizen can enjoy the
Democracy and human rights in their life time once again over there.
We support you wholeheartedly.
With Sincerity and respect,
Kyin Ho, M.D.,
President.
--
OFFICE OF THE SUPREME HEADQUARTERS, KAREN NATIONAL UNION,
Kawthoolei, September 5, 1995.
Hon. Senator McConnell,
U.S. Congress,
Washington, DC.
Dear Senator: We are much impressed and encouraged to hear that you are to
submit the bill as intended in Congress next month, for imposing trade
sanctions on Burma .
Apart from releasing Daw Amg San Sun Kyi from detention, the SLORC has not
taken any step for democratic reform. Nearly one thousand political
prisoners detained unjustly by the SLORC are still in prison. Forced labor,
midiscriminate killings and human rights violations are still being
committed on a wide scale by the SLORC army troops. Cease-fire agreements
between the SLORC and the ethnic groups, remain to be a temporary
arrangement without any progress toward agreement for lasting peace and
stability. In the case of Karemi, hostilities have broken out again as the
SLORC troops violated the cease-fire terms.
With regard to us. the SLORC has been avoiding with excuses the
materializing of talks, while it has been massing 101 battalions of troops
against our areas. Military operations have already begun in some of our
areas even when the rainy season is in full force. This shows that the
SLORC's so-called `policy of national reconciliation' is only an expedient
measure in its attempt to perpemate the military dictatorship.
In conclusion, we would like to say that we are firm in our support for you
with regard to your effort to have trade sanctions imposed on Burma . We
pray for your success and send our best wishes and regards to you and our
colleagues.
Sincerely,
Saw Bo Mya,
President.
--
UNITED FRONT FOR DEMOCRACY
and Human Rights in Burma ,
North Potomac, MD, July 10, 1995.
Hon. Mitch McConnell,
U.S. Senator,
Washington, DC.
Dear Mr. Senator: On behalf of the United Front for Democracy and Human
Rights in Burma and its affiliated organizations such as Burma America
Fund, Burma -Canada Society and the United States of Burma Relief Fund
Committee, as well as the people of Burma inside and outside the country, I
wish to convey our most sincere appreciation of the continuing efforts you
have been making for the down-trodden peoples of Burma .
In particular, we would like to express our appreciation of the bill to
impose trade and economic sanctions against the military regime in Burma .
We understand that you will go ahead with the sanction bill as you said it
would be more important than ever to maintain the pressure on the SLORC to
fully implement the results of the 1990 election, and to restore democracy
and human rights to Burma . We agree with you entirely that the release of
Daw Aung San Suu Kyi alone would not solve the problems in Burma , Still
there are hundreds of political prisoners being detained and the military
is still continuing its reckless campaign against the ethnic minorities, in
particular the Karennis with whom the SLORC signed a cease-fire only in
March 1995. In violation of the cease-fire agreement, the SLORC sent four
battalions into the cease-fire designated area and fighting is now going on
between the SLORC troops and the Karennis.
While we welcome with great pleasure the release of Daw Aung San Suu Kyi,
the symbol of Burma 's democracy movement, we feel that this is just a
beginning in the long process of peace-making and restoration of human
rights and national reconciliation in Burma . With the history of the
cunning tactics that has been used by the brutal regime, we have to wait
and see if the SLORC is going to change its ways to bring about genuine
democracy and follow a national reconciliation process that will lead to
the early establishment of a genuine democratic government by immediately
transferring the administration to the elected representatives of the 1990
elections and to form an interim government led by Daw Aung San Suu Kyi,
who is the only Burmese national leader loved and respected by all the
peoples of Burma .
Until it is definite that the democracy process is assured, just as in
South Africa after the release of Nelson Mandela, the sanctions that you
proposed should be imposed. We are confident that the international
community would agree with this approach.
We wish to repeat our wholehearted support of your efforts and thank you
again for your unrelentless efforts for the cause of democracy and human
rights in Burma and elsewhere in the world.
Yours sincerely,
U Ba Thaung,
Chairman.
--
Huntsville, Texas,
July 6, 1995.
Senator Mitch McConnell,
Russell Office Building,
Washington, DC.
Dear Senator McConnell: I wish to take this opportunity to offer my support
to the initiative you are preparing to undertake on behalf of my sister
laureate Aung San Suu Kyi and the people of Burma . It has been brought to
my attention that you intend to introduce legislation on July 11, 1995
which will ban all U.S. foreign investment in Burma .
On June 26, 1995, while commemorating the 50th Anniversary of the United
Nations, Bishop Desmond Tutu, Lech Walesa, Oscar Arias Sanchez and myself
presented a letter to the United Nations which included the signatures of
seven other Laureates asking for the release of Daw Suu. The letter stated,
`She has endured six long years of solitary detention without trial at the
hands of the military regime. There is no sign at all of her release. We
resolutely oppose political oppression disguised as criminal detention.'
Bishop Tutu, in a statement to a forum at the UN Anniversary called for
sanctions to be imposed on Burma .
This legislative initiative is long overdue and will play a critical role
in bringi