[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4223 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 4223

To promote democracy and human rights in Burma, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2017

Mr. Engel (for himself, Mr. Chabot, Mr. Crowley, Mr. Yoho, Mr. Sherman, 
Mrs. Wagner, Mr. Castro of Texas, and Mr. Franks of Arizona) introduced 
  the following bill; which was referred to the Committee on Foreign 
 Affairs, and in addition to the Committees on Financial Services, the 
   Judiciary, Armed Services, and Ways and Means, 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 democracy and human rights in Burma, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Burma Unified 
through Rigorous Military Accountability Act of 2017'' or the ``BURMA 
Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Sense of Congress on rights of returnees.
Sec. 5. Sense of Congress with respect to humanitarian assistance and 
                            freedom of movement.
Sec. 6. Multilateral assistance.
Sec. 7. Limitation on security assistance and military and security 
                            sector cooperation.
Sec. 8. Trade restrictions.
Sec. 9. Visa ban and financial sanctions with respect to military 
                            officials responsible for human rights 
                            abuses.
Sec. 10. Strategy for promoting economic development.
Sec. 11. Report on accountability for ethnic cleansing, crimes against 
                            humanity, and genocide in Burma.
Sec. 12. Appropriate congressional committees defined.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States policy since 1988 has fostered 
        positive democratic reforms in Burma, which have achieved 
        significant milestones on the path to democracy.
            (2) On November 8, 2015, Burma held historic elections in 
        which the National League for Democracy won a supermajority of 
        seats in the combined national Parliament.
            (3) On March 30, 2016, Htin Kyaw was inaugurated as the 
        President of Burma, the country's first civilian President in 
        more than 50 years.
            (4) Aung San Suu Kyi, President of the National League for 
        Democracy, was barred from becoming President due to the 
        provisions of section 59(f) of the 2008 Constitution of Burma, 
        and therefore assumed the office of State Counsellor, a 
        position created for her that made her the country's de facto 
        leader.
            (5) Among Aung San Suu Kyi's first acts as State Counsellor 
        after the National League for Democracy party took office was 
        to drop charges against more than 100 prisoners held for 
        political reasons, including well-known journalists and student 
        activists. President Htin Kyaw used his authority to grant 
        amnesty to another 86 convicted political prisoners. However, 
        as of September 2017, there were 220 political prisoners in 
        Burma, 42 of whom were currently serving prison sentences, 51 
        of whom were awaiting trial inside prison, and 127 of whom were 
        awaiting trial outside prison, according to the Assistance 
        Association for Political Prisoners.
            (6) Current Burmese law continues to systematically oppress 
        the Rohingya people. In particular, the 1982 citizenship law 
        effectively denies the Rohingya Burmese citizenship, rendering 
        them stateless, and the Government of Burma continues to deny 
        them freedom of movement, access to healthcare, education, and 
        marriage.
            (7) Despite the meaningful steps taken toward democracy in 
        Burma, there still remain important structural and systemic 
        impediments to the realization of a fully democratic, civilian 
        government, including necessary reforms to the 2008 
        Constitution of Burma and to existing laws and governance 
        structures to ensure that--
                    (A) the Burmese military--
                            (i) ends its ability to directly and 
                        undemocratically control appointments to 25 
                        percent of the seats in the combined national 
                        Parliament, providing legislators appointed by 
                        the military a sufficient proportion of seats 
                        to veto constitutional amendments;
                            (ii) ends its control over governmental 
                        ministries, including Home Affairs, Defense 
                        Affairs, and Border Affairs; and
                            (iii) ceases to operate autonomously from 
                        the elected civilian government, by 
                        establishing meaningful civilian control over 
                        the budgets and policy of both the military and 
                        security forces; and
                    (B) the Government of Burma--
                            (i) addresses social and political 
                        disenfranchisement and economic conditions in 
                        the Burmese state of Rakhine, and throughout 
                        the rest of the country, including those faced 
                        by the Rohingya people; and
                            (ii) addresses the underlying causes of the 
                        current humanitarian and human rights crisis 
                        affecting Burma's Rohingya people as well as 
                        the other residents of the Rakhine, Kachin, and 
                        Shan states in Burma, including ethnic 
                        cleansing, extrajudicial killings, sexual and 
                        gender-based violence, and forced displacement 
                        resulting from intercommunal violence and the 
                        human rights abuses committed by the Burmese 
                        military and security forces.
            (8) Actions of the Burmese military, known as the Tatmadaw, 
        including continuing assaults on personnel and territory 
        controlled by armed ethnic organizations, military offenses 
        immediately preceding the peace conference in Naypyitaw, and 
        human rights abuses against civilians in conflict areas, 
        undermine confidence in establishing a credible nationwide 
        cease-fire agreement to end Burma's civil war.
            (9) The people of Burma continue to suffer from an ongoing 
        internal armed conflict between the Tatmadaw and nearly 20 
        armed ethnic groups. Any prospects for a full democracy in 
        Burma are contingent on ending the internal armed conflict and 
        finding a path toward national reconciliation between Burma's 
        Bamar majority and its various ethnic minorities, including 
        through the establishment of a federated state or similar 
        structure of governance that provides for meaningful political 
        participation by all citizens.
            (10) Since 2011, over 98,000 people have been displaced in 
        the states of Kachina and Shan over the escalating violence and 
        instability, resulting in continued massive internal 
        displacement, causing a massive humanitarian crisis, continuing 
        to undermine the trust necessary to achieve a durable, lasting 
        peace, and disproportionately affecting the lives of innocent 
        civilians including the thousands of internally displaced 
        persons forced from their homes.
            (11) According to the United Nations Office for the 
        Coordination of Humanitarian Affairs, around 50 percent of such 
        displaced people are staying in areas beyond the control of the 
        Government of Burma, where access to humanitarian aid is 
        limited.
            (12) In 2015, the nongovernmental organization Global 
        Witness found that the estimated value of official production 
        of jade in 2014 was almost 48 percent of the official gross 
        domestic product of Burma. However, because of corruption and a 
        lack of transparency, the economic gains of Burma are being 
        pocketed by notorious leaders from the military junta, 
        including former dictator Than Shwe and drug lord Wei Hsueh 
        Kang, and vested interests in maintaining such corrupt gains 
        from trading in jade are undermining prospects for resolving 
        the armed conflict in Burma.
            (13) On August 31, 2016, State Counsellor Aung San Suu Kyi 
        and the Government of Burma initiated the Union Peace 
        Conference 21st Century Panglong, where more than 1,400 
        representatives of various concerned parties attended a peace 
        conference in Naypyitaw in an effort to begin the process of 
        ending Burma's civil war and discuss options in forming a 
        democratic state of Burma.
            (14) On May 24, 2017, the Government of Burma held a second 
        Panglong Peace Conference, with mixed results.
            (15) On October 31, 2016, the Secretary of State determined 
        that Burma should remain designated as a country of particular 
        concern for religious freedom under section 402(b) of the 
        International Religious Freedom Act (22 U.S.C. 6442(b)), and 
        that ``members of the Rohingya community in particular face 
        abuses by the Government of Burma, including those involving 
        torture, unlawful arrest and detention, restricted movement, 
        restrictions on religious practices, discrimination in 
        employment and access to social services''.
            (16) Both government- and military-initiated investigations 
        into human rights abuses in Burma involving intercommunal 
        violence or violence between ethnic minorities and Burmese 
        security forces have failed to yield credible results. For 
        example, the February 2017 panels set up by the Burmese 
        military and the Home Affairs Ministry to investigate such 
        misconduct are widely perceived to lack independence and 
        impartiality. The December 2016 commission established by 
        Burma's President Htin Kyaw to investigate the October 2016 
        attacks in the state of Rakhine dismissed claims of misconduct 
        by security forces due to ``insufficient evidence''. The 2012 
        commission that the Government established in the state of 
        Rakhine that year never held anyone accountable.
            (17) In a public address on October 12, 2017, State 
        Counsellor Aung San Suu Kyi laid out the following goals for 
        the state of Rakhine:
                    (A) Repatriation of those who have crossed over to 
                Bangladesh.
                    (B) Effective provision of humanitarian assistance.
                    (C) Resettlement of displaced populations.
                    (D) Economic development and durable peace.
            (18) According to the Bangladesh Foreign Ministry, more 
        than 600,000 Rohingya have fled to Bangladesh, for fear of loss 
        of livelihoods, shelter, and disproportionate use of force by 
        the military of Burma.
            (19) On October 23, 2017, State Department Spokesperson 
        Heather Nauert said, ``We express our gravest concern with 
        recent events in Rakhine State and the violent, traumatic 
        abuses Rohingya and other communities have endured. It is 
        imperative that any individuals or entities responsible for 
        atrocities, including non-state actors and vigilantes, be held 
        accountable''.
            (20) At a hearing before the House Foreign Affairs 
        Committee on October 10, 2017, the Deputy Assistant Secretary 
        of State for Population, Refugees, and Migration, Mark Sorella, 
        said, ``We have been providing assistance to the United Nations 
        and other humanitarian partners to help those affected by the 
        Rakhine state violence. The United Nations estimated $434 
        million is needed. In fiscal year 2017, the United States 
        contributed nearly $104 million in assistance to the displaced 
        populations in Burma for refugees from Burma throughout the 
        region''.
            (21) At a hearing before the Senate Foreign Relations 
        Committee on October 24, 2017, the Deputy Assistant Secretary 
        of State for Southeast Asia, Patrick Murphy, testified that 
        current estimates indicate over 600,000 people, mostly ethnic 
        Rohingya, have fled to Bangladesh since the crisis began on 
        August 25, 2017. In addition, Mr. Murphy indicated that 
        ``refugees continue to cross into Bangladesh, and we continue 
        to receive credible reports of sporadic violence in northern 
        Rakhine State''.
            (22) Amnesty International and Human Rights Watch have 
        reported and documented a campaign of violence perpetrated by 
        the security forces of Burma, which have indiscriminately fired 
        on and killed civilians, raped women and girls, and arbitrarily 
        arrested Rohingya men without any cause or charges, which 
        Amnesty International has said ``may amount to crimes against 
        humanity'' or ``ethnic cleansing''. Satellite images obtained 
        by Amnesty International reveal that, out of the approximately 
        470 villages in northern Rakhine State, nearly 300 were 
        partially or completely destroyed by fire since August 25, 
        2017, most of which were completely or partially populated by 
        Rohingya Muslims.
            (23) Access to the northern state of Rakhine has remained 
        blocked during this crisis, including a prohibition of access 
        for the United Nations and other humanitarian groups. For much 
        of the second half of 2017, hundreds of thousands of vulnerable 
        people in the state of Rakhine who needed humanitarian aid, 
        including the Rohingya, Rakhine, and other peoples and 
        including children with acute malnutrition, were being blocked 
        from receiving such aid, and aid groups expect that levels of 
        malnutrition and even starvation have dramatically increased.
            (24) In response to previous violence between the Burmese 
        military and the Rohingya people in 2016, Aung San Suu Kyi 
        established the Advisory Commission on Rakhine State, headed by 
        former United Nations Secretary-General Kofi Annan, to address 
        tensions in Northern Rakhine. She has since also endorsed the 
        Commission's recommendations and established a group to move 
        forward with implementation.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States that--
            (1) the United States supports a complete transition to 
        democracy and genuine national reconciliation in Burma;
            (2) the pursuit of a United States strategy of calibrated 
        and principled engagement is essential to support the 
        establishment of a peaceful, prosperous, and democratic Burma 
        that includes respect for the human rights of all its people 
        regardless of ethnicity and religion; and
            (3) the guiding principles of such a strategy should 
        include--
                    (A) supporting meaningful legal and constitutional 
                reforms that remove remaining restrictions on civil and 
                political rights and ensure civilian governance, 
                including reforms to the current constitutional 
                provision reserving 25 percent of parliamentary seats 
                for appointments by the military, which provides the 
                military with veto power over constitutional 
                amendments;
                    (B) establishing a fully democratic, pluralistic, 
                and representative political system that includes 
                regularized free and fair elections in which all people 
                of Burma can vote;
                    (C) promoting genuine national reconciliation, the 
                conclusion of a credible and sustainable nationwide 
                cease-fire agreement, including political accommodation 
                of ethnic Shan, Kachin, Chin, Karen and other ethnic 
                groups, and constitutional change enabling inclusive 
                permanent peace;
                    (D) ensuring accountability for ethnic cleansing, 
                crimes against humanity, and genocide perpetrated 
                against the Rohingya, Kachin, Shan, and other ethnic 
                minorities by the Government and military of Burma, 
                violent extremist groups, and other combatants involved 
                in the conflict;
                    (E) strengthening civilian institutions in the 
                government, including support for greater transparency 
                and accountability;
                    (F) establishing professional and nonpartisan 
                military, security, and police forces that operate 
                under civilian control;
                    (G) empowering local communities, civil society, 
                and independent media;
                    (H) encouraging the Government of Burma to ensure 
                equal access to full citizenship for the Rohingya 
                population in Burma as well as for those displaced in 
                Bangladesh;
                    (I) promoting responsible international and 
                regional engagement;
                    (J) strengthening respect for and protection of 
                human rights and religious freedom; and
                    (K) addressing and ending the humanitarian and 
                human rights crises and supporting the ability of the 
                displaced Rohingya to voluntarily return to their 
                homes, under internationally approved conditions.

SEC. 4. SENSE OF CONGRESS ON RIGHTS OF RETURNEES.

    It is the sense of Congress that the Government of Burma, in 
collaboration with the regional and international community including 
the United Nations High Commissioner for Refugees, should--
            (1) ensure the dignified, safe, and voluntary return of all 
        those displaced from their homes, especially from Rakhine 
        State, without an unduly high burden of proof; and
            (2) fully implement all of the recommendations of the 
        Advisory Commission on Rakhine State.

SEC. 5. SENSE OF CONGRESS WITH RESPECT TO HUMANITARIAN ASSISTANCE AND 
              FREEDOM OF MOVEMENT.

    (a) Sense of Congress.--It is the sense of Congress that additional 
significant and sustained funding will be necessary to address the 
medium and long-term impacts of the crisis in Burma.
    (b) Restoration of Humanitarian Access and Accountability in 
Rakhine State.--Congress calls on the Government of Burma and Burmese 
security forces to ensure complete and unfettered humanitarian access 
in the state of Rakhine and to support an independent international 
fact-finding mission to investigate allegations of ethnic cleansing, 
crimes against humanity, and genocide.
    (c) Freedom of Movement of Refugees and Internally Displaced 
Persons.--Congress calls on the Government of Bangladesh--
            (1) to ensure that all refugees have freedom of movement 
        and under no circumstances are subject to unsafe, involuntary, 
        or uninformed repatriation;
            (2) to ensure the dignified, safe, and voluntary return of 
        those displaced from their homes; and
            (3) to offer to those refugees who do not want to return 
        meaningful means to obtain compensation or restitution.

SEC. 6. MULTILATERAL ASSISTANCE.

    (a) In General.--Except as provided under subsection (b), the 
Secretary of the Treasury shall instruct the United States Executive 
Director of each international financial institution to use the voice 
and vote of the United States to support a project in Burma only if the 
project does not partner with, contract or subcontract with, or 
otherwise involve or benefit any enterprise owned or directly or 
indirectly controlled by the military of Burma.
    (b) Exception.--The Secretary of the Treasury may instruct the 
United States Executive Director of an international financial 
institution to approve projects that do not meet the requirements under 
subsection (a) after the date on which the Secretary of State certifies 
to the appropriate congressional committees that--
            (1) senior Burmese military officials have--
                    (A) publicly acknowledged their role in committing 
                past human rights abuses;
                    (B) cooperated with independent efforts to 
                investigate such abuses;
                    (C) been held accountable for such abuses;
                    (D) demonstrated substantial progress in reforming 
                their behavior with respect to the protection of human 
                rights in the conduct of civil-military relations;
                    (E) demonstrably and verifiably indicated their 
                support for extending civil and political rights, 
                including citizenship and access to rule of law, to all 
                the people of Burma, including the Rohingya, consistent 
                with international standards; and
                    (F) are cooperating with efforts to secure a 
                credible, nationwide cease-fire agreement, political 
                accommodation, and constitutional change; or
            (2) doing so is in the national interest of the United 
        States.

SEC. 7. LIMITATION ON SECURITY ASSISTANCE AND MILITARY AND SECURITY 
              SECTOR COOPERATION.

    (a) Limitation on Military and Security Sector Cooperation.--Except 
as provided under subsection (b), the United States may not supply any 
security assistance or engage in any military-to-military programs with 
the armed forces or security forces of Burma, including through 
training, observation, or participation in regional exercises, until 
the date on which the Secretary of Defense, in consultation with the 
Secretary of State, certifies to the appropriate congressional 
committees that the armed forces of Burma have demonstrated significant 
progress in abiding by international human rights standards and are 
undertaking meaningful and significant security sector reform, 
including transparency and accountability, to prevent future abuses and 
that each of the following criteria have been met:
            (1) The Burmese armed forces adhere to international 
        humanitarian law and international standards for human rights 
        and pledge to stop future human rights abuses.
            (2) The Burmese armed forces support efforts to carry out 
        meaningful and comprehensive investigations of alleged abuses 
        and are taking steps to hold accountable those members of such 
        armed forces responsible for human rights violations.
            (3) The Government of Burma, including the armed forces, 
        allow immediate and unfettered humanitarian access to 
        communities in areas affected by conflict, including Rohingya 
        communities in the state of Rakhine.
            (4) The Government of Burma, including the armed forces, 
        cooperates with the United Nations High Commissioner for 
        Refugees and organizations affiliated with the United Nations 
        to ensure the protection of displaced persons and the safe and 
        voluntary return of refugees and internally displaced persons.
            (5) The Burmese armed forces cease attacking ethnic 
        minority groups and constructively participate in the 
        conclusion of a credible, nationwide cease-fire agreement, 
        political accommodation, and constitutional change.
            (6) The Government of Burma, including the armed forces, 
        takes steps toward the implementation of the recommendations of 
        the Advisory Commission on Rakhine State and has extended 
        recognition of human rights to all the people of the state of 
        Rakhine, including the Rohingya.
            (7) The Government of Burma is clearly on the path to 
        civilian control over its security forces, including 
        constitutional reforms to relinquish military control of 
        ministries currently under exclusive military control and over 
        25 percent of the seats in the combined national Parliament.
            (8) All political prisoners in Burma have been released.
    (b) Exceptions.--
            (1) Certain existing authorities.--The Secretary of Defense 
        may continue to conduct consultations with Burma pursuant to 
        the authorization under section 1253 of the Carl Levin and 
        Howard P. ``Buck'' McKeon National Defense Authorization Act 
        for Fiscal Year 2015 (22 U.S.C. 2151 note) after the date on 
        which the Secretary of State certifies to the appropriate 
        congressional committees that--
                    (A) attacks by Burmese security forces against 
                minority groups, including the Kachin, Shan, and 
                Rohingya, have ceased;
                    (B) full and unfettered access for officials of the 
                United Nations, human rights observers, and members of 
                the press has been restored in conflict areas, 
                including the states of Rakhine, Kachin and Shan;
                    (C) the Government of Burma has made a firm 
                commitment to a plan that is consistent with 
                internationally accepted human rights principles for 
                providing security to those refugees and internally 
                displaced persons who wish to return to their homes; 
                and
                    (D) Burma has ended its campaign of ethnic 
                cleansing against the Rohingya people and the military 
                and government make a clear commitment to the 
                restoration of rights for ethnic and religious 
                minorities, including the Rohingya.
            (2) Hospitality.--The Secretary of State and the United 
        States Agency for International Development may meet related-
        hospitality requirements with respect to the Union Peace 
        Conference 21st Century Panglong.
    (c) Military Reform.--The certification required under subsection 
(a) shall include a written justification in unclassified form that may 
contain a classified annex describing the Burmese military's efforts to 
implement reforms, end impunity for human rights abuses, and increase 
transparency and accountability.
    (d) Rule of Construction.--Nothing in this Act shall be construed 
to authorize the Secretary of Defense to provide assistance to the 
Government of Burma except as provided in this section.
    (e) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 180 days thereafter, the 
        Secretary of Defense, in concurrence with the Secretary of 
        State, shall submit to the appropriate congressional committees 
        a report, in unclassified form with a classified annex, on the 
        strategy and plans for military-to-military engagement between 
        the United States Armed Forces and the military of Burma.
            (2) Elements.--The report required under paragraph (1) 
        shall include the following elements:
                    (A) A description and assessment of the Government 
                of Burma's strategy for security sector reform, if 
                applicable, including plans to end involvement in the 
                illicit trade in jade and other natural resources, 
                reforms to end corruption and illicit drug trafficking, 
                and constitutional reforms to ensure civilian control.
                    (B) A list of ongoing military activities conducted 
                by the United States Government with the Government of 
                Burma, and a description of the United States strategy 
                for future military-military engagements between the 
                United States and Burma's military forces, including 
                the military of Burma, the Burma Police Force, and 
                armed ethnic groups.
                    (C) An assessment of the progress of the military 
                of Burma towards developing a framework to implement 
                human right reforms, including--
                            (i) cooperation with civilian authorities 
                        to investigate and prosecute cases of serious, 
                        credible, or gross human rights violations;
                            (ii) steps taken to demonstrate respect for 
                        and implementation of the laws of war and 
                        international human rights law; and
                            (iii) a description of the elements of the 
                        military-to-military engagement between the 
                        United States and Burma that promote such 
                        implementation.
                    (D) An assessment of progress on the peaceful 
                settlement of armed conflicts between the Government of 
                Burma and ethnic minority groups, including actions 
                taken by the military of Burma to adhere to cease-fire 
                agreements and withdraw forces from conflict zones.
                    (E) An assessment of the Burmese's military 
                recruitment and use of children as soldiers.
                    (F) An assessment of the Burmese's military's use 
                of violence against women, sexual violence, or other 
                gender-based violence as a tool of terror, war, or 
                ethnic cleansing.

SEC. 8. TRADE RESTRICTIONS.

    (a) Reinstatement of Import Restrictions on Jadeite and Rubies From 
Burma.--Section 3A of the Burmese Freedom and Democracy Act of 2003 (50 
U.S.C. 1701 note) is amended by adding at the end the following:
    ``(i) Termination.--Notwithstanding section 9, this section shall 
remain in effect until the date on which the President determines and 
certifies to the appropriate congressional committees that the 
Government of Burma has taken substantial measures to reform the 
gemstone industry in Burma, including measures to require--
            ``(1) the disclosure of the ultimate beneficial ownership 
        of entities in that industry; and
            ``(2) the publication of project revenues, payments, and 
        contract terms relating to that industry.''.
    (b) Conforming Amendments.--Section 3A of the Burmese Freedom and 
Democracy Act of 2003 (50 U.S.C. 1701), as amended by subsection (a), 
is further amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``until such 
                time'' and all that follows through ``2008'' and 
                inserting ``beginning on the date that is 15 days after 
                the date of the enactment of the BURMA Act of 2017''; 
                and
                    (B) in paragraph (3), by striking ``the date of the 
                enactment of this Act'' and inserting ``the date of the 
                enactment of the BURMA Act of 2017''; and
            (2) in subsection (c)(1), by striking ``until such time'' 
        and all that follows through ``2008'' and inserting ``beginning 
        on the date that is 15 days after the date of the enactment of 
        the BURMA Act of 2017''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.

SEC. 9. VISA BAN AND FINANCIAL SANCTIONS WITH RESPECT TO MILITARY 
              OFFICIALS RESPONSIBLE FOR HUMAN RIGHTS ABUSES.

    (a) List Required.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act and every 180 days thereafter, the 
        President shall submit to the appropriate congressional 
        committees a list of--
                    (A) each senior official of the military or 
                security forces of Burma that the President determines 
                has played a direct and substantial role in the 
                commission of human rights abuses in Burma, including 
                any senior-ranking individuals who gave orders to 
                subordinates to engage in the commission of human 
                rights abuses; and
                    (B) each senior-ranking individual of such forces 
                who failed to investigate human rights abuses allegedly 
                committed by subordinates under the command of such 
                individual, including human rights abuses committed 
                against the Rohingya minority population.
            (2) Inclusions.--The list required by paragraph (1) shall 
        include all of the senior officials of the military and 
        security forces of Burma in charge of each unit that was 
        operational during the so-called ``clearance operations'' that 
        began in October 2016 or thereafter.
    (b) Sanctions.--
            (1) Visa ban.--The Secretary of State shall deny a visa to, 
        and the Secretary of Homeland Security shall exclude from the 
        United States, any individual included in the most recent list 
        submitted pursuant to subsection (a)(1).
            (2) List of specially designated nationals and blocked 
        persons.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the President 
                shall--
                            (i) determine whether the individuals 
                        specified in subparagraph (B) should be 
                        included on the SDN list; and
                            (ii) submit to the appropriate 
                        congressional committees a report that 
                        includes, with respect to any individual 
                        specified in subparagraph (B) that the 
                        President determines should not be included on 
                        the SDN list, the justification for such 
                        determination.
                    (B) Individuals specified.--The individuals 
                specified in this subparagraph are--
                            (i) the head of each unit of the military 
                        or security forces of Burma that was 
                        operational during the so-called ``clearance 
                        operations'' that began in October 2016 or 
                        thereafter, including--
                                    (I) Senior General Min Aung Hlaing;
                                    (II) Major General Maung Maung Soe; 
                                and
                                    (III) Major General Khin Maung Soe; 
                                and
                            (ii) any senior official of the military or 
                        security forces of Burma for which there are 
                        credible allegations that the official has 
                        aided, participated, or is otherwise implicated 
                        in gross human rights abuses in Burma, 
                        including sexual and ethnic- or gender-based 
                        violence.
                    (C) SDN list defined.--In this paragraph, the term 
                ``SDN list'' means the list of specially designated 
                nationals and blocked persons maintained by the Office 
                of Foreign Assets Control of the Department of the 
                Treasury.
            (3) Authority for additional financial sanctions.--The 
        Secretary of the Treasury may prohibit or impose appropriate 
        conditions on the opening or maintaining in the United States 
        of a correspondent account or payable-through account by any 
        financial institution or financial agency that is a United 
        States person, for or on behalf of a foreign financial 
        institution, if the Secretary determines that the account is 
        knowingly used--
                    (A) by a foreign financial institution that holds 
                property or an interest in property of any individual 
                included on the most recent list submitted pursuant to 
                subsection (a); or
                    (B) to conduct a transaction on behalf of any 
                individual on that list.
            (4) Rule of construction.--Nothing in this subsection may 
        be construed to prohibit any contract or other financial 
        transaction by a United States person with a credible 
        nongovernmental humanitarian organization in Burma.
    (c) Removal From Lists.--The President may remove an individual 
from a list submitted pursuant to subsection (a), or remove an 
individual included on the SDN list pursuant to subsection (b)(2) from 
that list, if the President certifies to the appropriate congressional 
committees that--
            (1) the individual has--
                    (A) publicly acknowledged the role of the 
                individual in committing past human rights abuses;
                    (B) cooperated with independent efforts to 
                investigate such abuses;
                    (C) been held accountable for such abuses; or
                    (D) demonstrated substantial progress in reforming 
                the individual's behavior with respect to the 
                protection of human rights in the conduct of civil-
                military relations; and
            (2) removing the individual from the list is in the vital 
        national interest of the United States.
    (d) Penalties.--
            (1) In general.--Any person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out paragraph (2) or (3) of subsection (b) shall be subject to 
        the penalties set forth in subsections (b) and (c) of section 
        206 of the International Emergency Economic Powers Act (50 
        U.S.C. 1705) to the same extent as a person that commits an 
        unlawful act described in subsection (a) of that section.
            (2) Rule of construction.--This subsection shall not be 
        construed to require the President to declare a national 
        emergency under section 202 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1701).
    (e) Exceptions.--
            (1) Humanitarian assistance.--A requirement to impose 
        sanctions under this section shall not apply with respect to 
        the provision of medicine, medical equipment or supplies, food, 
        or any other form of humanitarian or human rights-related 
        assistance provided to Burma in response to a humanitarian 
        crisis.
            (2) United nations headquarters agreement.--Subsection 
        (b)(1) shall not apply to the admission of an individual to the 
        United States if such admission is necessary to comply with 
        United States obligations under the Agreement between the 
        United Nations and the United States of America regarding the 
        Headquarters of the United Nations, signed at Lake Success June 
        26, 1947, and entered into force November 21, 1947, or under 
        the Convention on Consular Relations, done at Vienna April 24, 
        1963, and entered into force March 19, 1967, or other 
        international obligations of the United States.
    (f) Definitions.--In this section:
            (1) Account; correspondent account; payable-through 
        account.--The terms ``account'', ``correspondent account'', and 
        ``payable-through account'' have the meanings given those terms 
        in section 5318A of title 31, United States Code.
            (2) Financial agency; financial institution.--The terms 
        ``financial agency'' and ``financial institution'' have the 
        meanings given those terms in section 5312 of title 31, United 
        States Code.
            (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 within the United 
                States, including a foreign branch of such an entity.

SEC. 10. STRATEGY FOR PROMOTING ECONOMIC DEVELOPMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, the Secretary of the 
Treasury, and the Administrator of the United States Agency for 
International Development shall jointly submit to the appropriate 
congressional committees a strategy to provide United States assistance 
to support sustainable and broad-based economic development, in 
accordance with the priorities of the elected civilian Government of 
Burma to promote broad-based economic development.
    (b) Elements.--In order to support the efforts of the Government of 
Burma for broad-based economic development, the strategy required by 
subsection (a) shall include a plan to promote inclusive and 
responsible economic growth, including through the following 
initiatives:
            (1) Develop an economic reform road map to diversify 
        control over and access to participation in key industries and 
        sectors.
            (2) Increase transparency disclosure requirements in key 
        sectors to promote responsible investment. Provide technical 
        support to develop and implement policies, and revise existing 
        Burmese policies on public disclosure of beneficial owners of 
        companies in key sectors identified by the Government of Burma, 
        including the identities of those seeking or securing access to 
        Burma's most valuable resources. Such new requirements should 
        complement disclosures due to be put in place in Burma as a 
        result of its participation in the global Extractives Industry 
        Transparency Initiative.

SEC. 11. REPORT ON ACCOUNTABILITY FOR ETHNIC CLEANSING, CRIMES AGAINST 
              HUMANITY, AND GENOCIDE IN BURMA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report on allegations of ethnic 
cleansing, crimes against humanity, and genocide, and on potential 
transitional justice mechanisms in Burma.
    (b) Elements.--The reports required under subsection (a) shall 
include--
            (1) a description of alleged ethnic cleaning, crimes 
        against humanity, including the crime of apartheid, and 
        genocide perpetrated against the Rohingya ethnic minority in 
        Burma, including--
                    (A) incidents that may constitute ethnic cleansing, 
                crimes against humanity, and genocide committed by the 
                Burmese military, and other actors involved in the 
                violence;
                    (B) the role of the civilian government in the 
                commission of such activities;
                    (C) incidents that may constitute ethnic cleansing, 
                crimes against humanity, or genocide committed by 
                violent extremist groups or anti-government forces;
                    (D) any incidents that may violate the principle of 
                medical neutrality and, to the extent possible, the 
                identities of any individuals who engaged in or 
                organized such incidents; and
                    (E) to the extent possible, a description of the 
                conventional and unconventional weapons used for such 
                crimes and the sources of such weapons;
            (2) a description and assessment by the Department of 
        State, the United States Agency for International Development, 
        the Department of Justice, and other appropriate Federal 
        departments and agencies of programs that the United States has 
        already or is planning to undertake to ensure accountability 
        for ethnic cleansing, crimes against humanity, and genocide 
        perpetrated against the Rohingya by the Government, security 
        forces, and military of Burma, violent extremist groups, and 
        other combatants involved in the conflict, including programs 
        to--
                    (A) train civilian investigators within and outside 
                of Burma and Bangladesh on how to document, 
                investigate, develop findings of, and identify and 
                locate alleged perpetrators of ethnic cleansing, crimes 
                against humanity, or genocide in Burma;
                    (B) promote and prepare for a transitional justice 
                process or processes for the perpetrators of ethnic 
                cleansing, crimes against humanity, and genocide 
                occurring in the state of Rakhine in 2017; and
                    (C) document, collect, preserve, and protect 
                evidence of ethnic cleansing, crimes against humanity, 
                and genocide in Burma, including by providing support 
                for Burmese and Bangladeshi, foreign, and international 
                nongovernmental organizations, United Nations Human 
                Rights Council's investigative team, and other entities 
                engaged in such activities; and
            (3) a detailed study of the feasibility and desirability of 
        potential transitional justice mechanisms for Burma, including 
        a hybrid tribunal, to address ethnic cleansing, crimes against 
        humanity, and genocide perpetrated in Burma, including 
        recommendations on which transitional justice mechanisms the 
        United States should support, why such mechanisms should be 
        supported, and what type of support should be offered.
    (c) Protection of Witnesses and Evidence.--The Secretary shall take 
due care to ensure that the identification of witnesses and physical 
evidence are not publicly disclosed in a manner that might place such 
persons at risk of harm or encourage the destruction of evidence by the 
Government of Burma.
    (d) Authorization To Provide Technical Assistance.--
            (1) In general.--The Secretary of State, in consultation 
        with the Department of Justice and other appropriate Federal 
        departments and agencies, is authorized to provide appropriate 
        assistance to support entities that, with respect to ethnic 
        cleansing, crimes against humanity, and genocide perpetrated by 
        the military, security forces, and Government of Burma, 
        Buddhist militias, and all other armed groups fighting in 
        Rakhine State--
                    (A) identify suspected perpetrators of ethnic 
                cleansing, crimes against humanity, and genocide;
                    (B) collect, document, and protect evidence of 
                crimes and preserve the chain of custody for such 
                evidence;
                    (C) conduct criminal investigations; and
                    (D) support investigations by third-party states, 
                as appropriate.
            (2) Additional assistance.--The Secretary of State, in 
        consultation with appropriate Federal departments and agencies 
        and the appropriate congressional committees and taking into 
        account any relevant the findings in the report required by 
        section 11, is authorized to provide assistance to support the 
        creation and operation of transitional justice mechanisms, 
        including a potential hybrid tribunal, to prosecute individuals 
        suspected of committing ethnic cleansing, crimes against 
        humanity, or genocide in Burma.

SEC. 12. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate.
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