[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2060 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2060

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2017

Mr. McCain (for himself, Mr. Cardin, Mr. Durbin, Mr. Young, Mr. Markey, 
Mr. Rubio, Mr. Merkley, Mrs. Feinstein, Mr. Schatz, Mr. Kaine, Mr. Van 
   Hollen, Ms. Baldwin, Mr. Booker, and Mrs. Shaheen) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Burma Human Rights and Freedom Act 
of 2017''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States policy of principled engagement since 
        1988 has fostered positive democratic reforms in Burma, which 
        have led to significant milestones on the path to full 
        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. On March 30, 2016, 
        Htin Kyaw was inaugurated as the President of Burma, the 
        country's first civilian President in more than 50 years. 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, and therefore assumed 
        the office of State Counsellor, a position created for her that 
        made her the country's de facto leader.
            (3) Aung San Suu Kyi's first acts as State Counsellor after 
        her National League for Democracy party took office included 
        releasing more than 100 political prisoners, including well-
        known journalists and student activists held on politically 
        motivated charges. However, as of September 2017, there are 220 
        political prisoners in Burma, 42 of which are currently serving 
        prison sentences, 51 of which are awaiting trial inside prison, 
        and 127 of which are awaiting trial outside prison, according 
        to the Assistance Association for Political Prisoners.
            (4) The Government of Burma also continues to 
        systematically discriminate against the Rohingya people. 
        Burma's 1982 citizenship law stripped Rohingya Burmese of their 
        Burmese citizenship, rendering them stateless, and the 
        Government continues to restrict Rohingya births, deny them 
        freedom of movement, access to healthcare, land, education, 
        voting, political participation, and marriage.
            (5) 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--
                    (A) reform of the 2008 Constitution;
                    (B) the disfranchisement of groups of people who 
                voted in previous elections;
                    (C) social, political, and economic conditions in 
                Rakhine State, particularly those faced by the Rohingya 
                population; and
                    (D) addressing and ending the current humanitarian 
                and human rights crisis affecting Burma's Rohingya 
                population and residents of the Rakhine, Kachin, and 
                Shan states, including ethnic cleansing, extrajudicial 
                killings, sexual and gender-based violence, and forced 
                displacement.
            (6) Actions of the military of Burma, 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 noncombatant 
        civilians in conflict areas, undermine confidence in 
        establishing a credible nationwide cease-fire agreement to end 
        Burma's civil war.
            (7) The people of Burma continue to suffer from an ongoing 
        civil war between the Tatmadaw and nearly 20 armed ethnic 
        organizations. Any prospects for a full democracy in Burma are 
        contingent on ending the civil war and finding a path toward 
        national reconciliation between Burma's Bamar majority and its 
        various ethnic minorities.
            (8) Since 2011, over 98,000 people have been displaced in 
        Kachin and northern Shan State over the escalating violence and 
        instability, resulting in continued massive internal 
        displacement, causing a massive humanitarian crisis, and 
        continuing to undermine the trust necessary to achieve a 
        durable, lasting peace, and disproportionately affecting the 
        lives of innocent civilians and the thousands of internally 
        displaced persons forced from their homes. According to the 
        United Nations Office for the Coordination of Humanitarian 
        Affairs, some 50 percent of these displaced persons are staying 
        in areas beyond Government control where humanitarian access is 
        limited.
            (9) In 2015, the nongovernmental campaign Global Witness 
        found that, in 2014, the estimated value of official production 
        of jade equated up to 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 United States-sanctioned drug lord Wei 
        Hsueh Kang, and vested interests in jade are undermining 
        prospects for resolving the most intractable armed conflict in 
        Burma.
            (10) 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. On May 24, 2017, the Government of 
        Burma held a second Panglong Peace Conference, with mixed 
        results.
            (11) On October 31, 2016, the Department of State 
        determined that Burma remains 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''.
            (12) The February 2017 panels set up by the Burmese army 
        and the Home Affairs Ministry 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 dismissed claims of misconduct by security 
        forces due to ``insufficient evidence''. The 2012 commission 
        government established to investigate violence in Rakhine State 
        that year never held anyone accountable.
            (13) In a public address on October 12, 2017, State 
        Counsellor Aung San Suu Kyi laid out 3 goals for Rakhine State:
                    (A) Repatriation of those who have crossed over to 
                Bangladesh and the effective provision of humanitarian 
                assistance.
                    (B) Resettlement of displaced populations.
                    (C) Economic development and durable peace.
            (14) According to the Bangladesh Foreign Ministry, at least 
        3,000 Rohingya have been killed and over an estimated 600,000 
        Rohingya have fled to Bangladesh since August 2017 for fear of 
        loss of livelihoods, shelter, and disproportionate use of force 
        by the military of Burma. Congress recognizes the longstanding 
        support and hospitality of the Government and the people of 
        Bangladesh; however, it is important that people fleeing 
        violence in Burma are not deported or turned back.
            (15) On October 23, 2017, the Department of State 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.''.
            (16) At a Senate Foreign Relations Committee hearing on 
        October 24, 2017, the Department of State indicated that 
        ``refugees continue to cross into Bangladesh, and we continue 
        to receive credible reports of sporadic violence in northern 
        Rakhine State''.
            (17) Amnesty International and Human Rights Watch have 
        reported and documented a campaign of violence perpetuated 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 information about their 
        whereabouts or charges which ``may amount to crimes against 
        humanity'' and ``ethnic cleansing''. Satellite images 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 them completely or 
        partially populated with Rohingya Muslims.
            (18) The Government of Burma has continued to block access 
        to northern Rakhine State by United Nations and other 
        humanitarian groups. For much of the last three months, 
        hundreds of thousands of vulnerable people in Rakhine State who 
        needed humanitarian aid, both Rohingya, Rakhine, and other 
        groups and including children with acute malnutrition, were 
        being blocked from receiving such aid, and aid groups now 
        expect that levels of malnutrition and even starvation have 
        dramatically increased.
            (19) In response to previous violence between the Burmese 
        military and the ethnic 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. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
            (2) Crimes against humanity.--The term ``crimes against 
        humanity'' includes, when committed as part of a widespread or 
        systematic attack directed against any civilian population, 
        with knowledge of the attack--
                    (A) murder;
                    (B) deportation or forcible transfer of population;
                    (C) torture;
                    (D) rape, sexual slavery, or any other form of 
                sexual violence of comparable gravity;
                    (E) persecution against any identifiable group or 
                collectivity on political, racial, national, ethnic, 
                cultural, religious, gender or other grounds that are 
                universally recognized as impermissible under 
                international law;
                    (F) enforced disappearance of persons;
                    (G) the crime of apartheid; and
                    (H) other inhumane acts of a similar character 
                intentionally causing great suffering, or serious 
                injury to body or to mental or physical health.
            (3) Ethnic cleansing.--The term ``ethnic cleansing'' means 
        a purposeful policy designed by one ethnic or religious group 
        to remove by violent and terror-inspiring means the civilian 
        population of another ethnic or religious group from certain 
        geographic areas.
            (4) Genocide.--The term ``genocide'' means any offense 
        described in section 1091(a) of title 18, United States Code.
            (5) Hybrid tribunal.--The term ``hybrid tribunal'' means a 
        temporary criminal tribunal that involves a combination of 
        domestic and international lawyers, judges, and other 
        professionals to prosecute individuals suspected of committing 
        war crimes, crimes against humanity, or genocide.
            (6) Transitional justice.--The term ``transitional 
        justice'' means the range of judicial, nonjudicial, formal, 
        informal, retributive, and restorative measures employed by 
        countries transitioning out of armed conflict or repressive 
        regimes--
                    (A) to redress legacies of atrocities; and
                    (B) to promote long-term, sustainable peace.
            (7) War crime.--The term ``war crime'' has the meaning 
        given the term in section 2441(c) of title 18, United States 
        Code.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States that--
            (1) the pursuit of a calibrated engagement strategy 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
            (2) the guiding principles of such a strategy to support 
        and complete the transition to democracy and genuine national 
        reconciliation include--
                    (A) support for meaningful legal and constitutional 
                reforms that remove remaining restrictions on civil and 
                political rights and institute civilian control of the 
                military, civilian control of the government, and the 
                constitutional provision reserving 25 percent of 
                parliamentary seats for the military, which provides 
                the military with veto power over constitutional 
                amendments;
                    (B) the establishment of a fully democratic, 
                pluralistic, civilian controlled, and representative 
                political system that includes regularized free and 
                fair elections in which all people of Burma can vote;
                    (C) the promotion of genuine national 
                reconciliation and conclusion of a credible and 
                sustainable nationwide cease-fire agreement, political 
                accommodation of the needs of ethnic Shan, Kachin, 
                Chin, Karen, and other ethnic groups, and 
                constitutional change allowing inclusive permanent 
                peace;
                    (D) accountability for ethnic cleansing, crimes 
                against humanity, and genocide perpetrated against 
                ethnic minorities like the Rohingya by the Government, 
                military, and security forces of Burma, violent 
                extremist groups, and other combatants involved in the 
                conflict;
                    (E) strengthening the government's civilian 
                institutions, including support for greater 
                transparency and accountability;
                    (F) the establishment of professional and 
                nonpartisan military, security, and police forces that 
                operate under civilian control;
                    (G) empowering local communities, civil society, 
                and independent media;
                    (H) promoting responsible international and 
                regional engagement;
                    (I) strengthening respect for and protection of 
                human rights and religious freedom; and
                    (J) addressing and ending the humanitarian and 
                human rights crisis, including by supporting the return 
                of the displaced Rohingya to their homes and providing 
                equal access to full restoration of full citizenship 
                for the Rohingya population.

SEC. 5. HUMANITARIAN ASSISTANCE.

    (a) In General.--There is authorized to be appropriated 
$104,000,000 for assistance to the victims of the Burmese military's 
ethnic cleansing campaign targeting Rohingya in Rakhine State, 
including those displaced in Bangladesh, Burma, and the region, support 
for voluntary resettlement or repatriation efforts regionally, and for 
reconciliation programs in Rakhine State, including support for 
credible, independent humanitarian organizations, United Nations 
agencies, and nongovernmental organizations supporting the 
implementation of the recommendations of the Advisory Commission on 
Rakhine State or otherwise seeking to provide humanitarian assistance 
to victims of violence and destruction in Rakhine State, including 
victims of gender-based violence and unaccompanied minors. Additional 
significant and sustained funding will be necessary to address the 
medium and long-term impacts of this crisis.
    (b) Freedom of Movement of Refugees and Internally Displaced 
Persons.--Congress calls on the Government of Bangladesh to ensure all 
refugees have freedom of movement and under no circumstances are 
subject to unsafe, involuntary, or uninformed repatriation. Congress 
also calls on the Government of Burma to ensure the dignified, safe, 
and voluntary return of those displaced from their homes, and offer to 
those who do not want to return meaningful means to obtain compensation 
or restitution.

SEC. 6. MULTILATERAL ASSISTANCE.

    (a) Restrictions.--Except as provided under subsection (b), the 
Secretary of the Treasury should 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 enterprises owned or directly or 
indirectly controlled by the military of Burma, the Ministry of 
Defense, members of the Burmese military or security forces, or related 
entities.
    (b) Exception.--The Secretary of the Treasury may approve projects 
otherwise restricted under this section if--
            (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 the rule of law, to 
                all the people of Burma consistent with international 
                standard including the Rohingya; and
                    (F) are cooperating with efforts to secure a 
                credible cease-fire agreement, political accommodation, 
                and constitutional change allowing inclusive permanent 
                peace; and
            (2) doing so is in the vital interest of the United States.

SEC. 7. SENSE OF CONGRESS ON RIGHT 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--
            (1) should 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) should fully implement all of the recommendations of 
        the Advisory Commission on Rakhine State.

SEC. 8. MILITARY COOPERATION.

    (a) Prohibition.--Except as provided under subsection (b), the 
United States Government may not supply any security assistance or 
engage in any military-to-military programs with the armed forces of 
Burma, including training or observation or participation in regional 
exercises, until the Secretary of Defense, in consultation with the 
Secretary of State, can certify to the appropriate congressional 
committees that the Burmese military has demonstrated significant 
progress in abiding by international human rights standards and is 
undertaking meaningful and significant security sector reform, 
including transparency and accountability to prevent future abuses, as 
determined by applying the following criteria:
            (1) The military adheres to international human rights 
        standards and pledges to stop future human rights abuses.
            (2) The military supports efforts to carry out meaningful 
        and comprehensive investigations of recent abuses and is taking 
        steps to hold accountable those in the Burmese military 
        responsible for human rights violations.
            (3) The Government of Burma, including the military, allows 
        immediate and unfettered humanitarian access to communities in 
        areas affected by conflict, including Rohingya communities in 
        Rakhine State.
            (4) The Government of Burma, including the military, 
        cooperates with the United Nations High Commissioner for 
        Refugees and other relevant United Nations agencies to ensure 
        the protection of displaced persons and the safe and voluntary 
        return of refugees and internally displaced persons.
            (5) The Government of Burma, including the military, takes 
        steps toward the implementation of the recommendations of the 
        Advisory Commission on Rakhine State.
    (b) Exceptions.--
            (1) Certain existing authorities.--The Department of 
        Defense may continue to conduct consultations based on the 
        authorities under section 1253 of the Carl Levin and Howard P. 
        ``Buck'' McKeon National Defense Authorization Act for Fiscal 
        Year 2015 (Public Law 113-291; 22 U.S.C. 2151 note).
            (2) Hospitality.--The Department of State and the United 
        States Agency for International Development may meet related-
        hospitality requirements with respect to the 21st Century 
        Panglong Union Peace Conference.
    (c) Military Reform.--The certification required under subsection 
(a) shall include a written justification in classified and 
unclassified form 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 Department of Defense 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 both classified and unclassified form, 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, 
                including as it relates to an end to 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 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.
    (f) Civilian Channels.--Any program initiated under this section 
shall use appropriate civilian government channels with the 
democratically elected Government of Burma.
    (g) Regular Consultations.--Any new program or activity in Burma 
initiated under this section shall be subject to prior consultation 
with the appropriate congressional committees.

SEC. 9. TRADE RESTRICTIONS.

    (a) Reinstatement of Import Restrictions on Jadeite and Rubies From 
Burma.--
            (1) In general.--Section 3A of the Burmese Freedom and 
        Democracy Act of 2003 (Public Law 108-61; 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 President determines and certifies to the 
appropriate congressional committees that the Government of Burma has 
taken 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.''.
            (2) Conforming amendments.--Section 3A of the Burmese 
        Freedom and Democracy Act of 2003 is further amended--
                    (A) in subsection (b)--
                            (i) 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 Human Rights and Freedom Act of 
                        2017''; and
                            (ii) in paragraph (3), by striking ``the 
                        date of the enactment of this Act'' and 
                        inserting ``the date of the enactment of the 
                        Burma Human Rights and Freedom Act of 2017''; 
                        and
                    (B) 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 Human Rights and 
                Freedom Act of 2017''.
            (3) Effective date.--The amendments made by this subsection 
        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.
    (b) Review of Eligibility for Generalized System of Preferences.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the President shall submit to the 
        committees specified in paragraph (2) a report that includes a 
        detailed review of the eligibility of Burma for preferential 
        duty treatment under the Generalized System of Preferences 
        under title V of the Trade Act of 1974 (19 U.S.C. 2461 et 
        seq.).
            (2) Committees specified.--The committees specified in this 
        paragraph are--
                    (A) the Committee on Appropriations, the Committee 
                on Finance, and the Committee on Foreign Relations of 
                the Senate; and
                    (B) the Committee on Appropriations, the Committee 
                on Foreign Affairs, and the Committee on Ways and Means 
                of the House of Representatives.

SEC. 10. VISA BAN AND ECONOMIC 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, the President shall submit to the 
        appropriate congressional committees a list of senior officials 
        of the military and security forces of Burma that the President 
        determines have played a direct and substantial role in the 
        commission of human rights abuses in Burma, including 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 and are ongoing as of the date of the 
        enactment of this Act.
            (3) Updates.--Not less frequently than every 180 days, the 
        President shall submit to the appropriate congressional 
        committees an updated version of the list required by paragraph 
        (1).
    (b) Sanctions.--
            (1) Visa ban.--The Secretary of State shall deny a visa to, 
        and the Secretary of Homeland Security to exclude from the 
        United States, any individual on the list required by 
        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 on that 
                        determination that includes, with respect to 
                        any such individual not included on the SDN 
                        list, the reason for not including that 
                        individual on that list.
                    (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 and are 
                        ongoing as of the date of the enactment of this 
                        Act, 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 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 
        used--
                    (A) by a foreign financial institution that holds 
                property or an interest in property of an individual on 
                the list required by subsection (a)(1); or
                    (B) to conduct a transaction on behalf of an 
                individual on that list.
            (4) Rule of construction.--Nothing in this subsection may 
        be construed to prohibit any contract or other financial 
        transaction with a credible nongovernmental humanitarian 
        organization in Burma.
    (c) Removal From Lists.--The President may remove an individual 
from the list required by subsection (a)(1), or remove an individual 
included on the SDN list pursuant to subsection (b)(2) from that list, 
if the President determines and reports 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.--A 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. 11. 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 submit to the appropriate congressional 
committees a strategy to support sustainable and broad-based economic 
development, in accordance with the priorities of the Government of 
Burma to improve economic conditions.
    (b) Elements.--In order to support the efforts of the Government of 
Burma, 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. The United States Government should support the 
        Government of Burma to develop a roadmap to assess and 
        recommend measures to remove barriers to a level playing field 
        that increases competition, access and opportunity in sectors 
        dominated by the military, former military officials, and their 
        families, and businesspeople connected to the military. The 
        roadmap should include areas related to government 
        transparency, accountability, and governance.
            (2) Increase transparency disclosure requirements in key 
        sectors to promote responsible investment. Provide technical 
        support to develop and implement policies, and revise existing 
        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 Extractives Industry 
        Transparency Initiative (EITI).

SEC. 12. 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 
transnational 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 antigovernment forces;
                    (D) any incidents that may violate the principle of 
                medical neutrality and, if possible, identification of 
                the individual or 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 origins 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 
        Government has already or is planning to undertake to ensure 
        accountability for ethnic cleansing, crimes against humanity, 
        and genocide perpetrated against the Rohingya and other ethnic 
        minority groups by the Government, security forces, and 
        military of Burma, violent extremist groups, and other 
        combatants involved in the conflict, including programs--
                    (A) to train 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) to promote and prepare for a transitional 
                justice process or processes for the perpetrators of 
                ethnic cleansing, crimes against humanity, and genocide 
                in Burma; and
                    (C) to document, collect, preserve, and protect 
                evidence of ethnic cleansing, crimes against humanity, 
                and genocide in Burma, including support for Burmese 
                and Bangladeshi, foreign, and international 
                nongovernmental organizations, United Nations Human 
                Rights Council's investigative team, and other 
                entities; 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 Government 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.

SEC. 13. TECHNICAL ASSISTANCE AUTHORIZED.

    (a) 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--
            (1) identify suspected perpetrators of ethnic cleansing, 
        crimes against humanity, and genocide;
            (2) collect, document, and protect evidence of crimes and 
        preserve the chain of custody for such evidence;
            (3) conduct criminal investigations; and
            (4) support investigations by third-party states, as 
        appropriate.
    (b) Additional Assistance.--The Secretary of State, after 
consultation with appropriate Federal departments and agencies and the 
appropriate congressional committees, and taking into account the 
findings of the transitional justice study required under section 
12(b)(3), 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.
                                 <all>