[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3696 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3696

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2018

   Mr. Cardin (for himself, Mr. Young, Mr. Merkley, Mr. Durbin, Mr. 
Schatz, Mr. Van Hollen, Mr. Booker, Mr. Markey, Ms. Collins, Mr. Coons, 
   Ms. Cantwell, Mrs. Shaheen, Mr. Wyden, Ms. Harris, Mr. Casey, Mr. 
  Kaine, and Mr. Rubio) 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 2018''.

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 November 2017, there were 228 
        political prisoners in Burma, 46 of which were serving prison 
        sentences, 49 of which were awaiting trial inside prison, and 
        133 of which were 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 and to deny 
        the Rohingya freedom of movement and access to healthcare, 
        land, education, voting, political participation, and marriage.
            (5) Despite the meaningful steps taken toward democracy in 
        Burma, there remain important structural and systemic 
        impediments to the realization of a fully democratic civilian 
        government, including--
                    (A) the 2008 Constitution, which is in need of 
                reform;
                    (B) the disfranchisement of certain groups who 
                voted in previous elections;
                    (C) the social, political, and economic conditions 
                in Rakhine State, particularly with respect to the 
                Rohingya population; and
                    (D) the current humanitarian and human rights 
                crisis affecting Burma's Rohingya population and 
                residents of the Rakhine, Kachin, and Shan states, 
                including credible reports of ethnic cleansing, crimes 
                against humanity, 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 
        offensives immediately preceding the peace conference in 
        Naypyitaw, and human rights violations against noncombatant 
        civilians in conflict areas, undermine confidence in 
        establishing a credible nationwide ceasefire 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, including in internally displaced person (IDP) 
        camps, which continues to undermine the trust necessary to 
        achieve a durable, lasting peace, and has caused a massive 
        humanitarian crisis which disproportionately affects the lives 
        of innocent civilians and 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. Even in areas 
        controlled by the Government, delivery of humanitarian 
        assistance has been increasingly restricted through onerous 
        bureaucratic requirements resulting in limited access by 
        international and local humanitarian organizations.
            (9) In 2015, the nongovernmental campaign Global Witness 
        found that, in 2014, the estimated value of official production 
        of jade equated to up to 48 percent of the official gross 
        domestic product of Burma. Because of corruption and a lack of 
        transparency, much of the proceeds of the Burmese jade trade 
        enrich notorious leaders from the military junta, including 
        former dictator Than Shwe and United States-sanctioned drug 
        lord Hsueh Kang Wei, 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 in Naypyitaw, which more than 
        1,400 representatives of various concerned parties attended in 
        an effort to begin the process of ending Burma's civil war and 
        to 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 January 4, 2018, 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 by the 
        international community 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.'' A Burmese army internal inquiry completed in 
        November 2017 claimed there had been no abuses committed by the 
        military. 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 the Rakhine 
        State:
                    (A) Repatriation of those who have crossed over to 
                Bangladesh and effective provision of humanitarian 
                assistance.
                    (B) Resettlement of displaced populations.
                    (C) Economic development and durable peace.
            (14) According to the Medecins Sans Frontieres estimates, 
        at least 6,700 Rohingya have been killed, including 730 
        children, and that at least 2,700 others died from disease and 
        malnutrition and over an estimated 680,000 Rohingya have fled 
        to Bangladesh since August 2017, fearing loss of livelihood and 
        shelter and disproportionate use of force by the military of 
        Burma.
            (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 that ``may amount to crimes 
        against humanity'' and ``ethnic cleansing'' and includes--
                    (A) indiscriminate attacks on civilians;
                    (B) rape of women and girls; and
                    (C) arbitrary arrest and detention of Rohingya men 
                without charge.
            (18) According to Human Rights Watch, Burmese security 
        forces have committed widespread rape against women and girls 
        as part of a campaign of ethnic cleansing against Rohingya 
        Muslims in Burma's Rakhine State. Survivors said that soldiers 
        gathered them together in groups and then raped or gang raped 
        them.
            (19) Because survivors of conflict-related sexual or 
        gender-based violence know very little about the abusers, aside 
        from identifying the abuser as a member of a military unit, 
        existing laws and accountability mechanisms often fail to 
        protect victims of such violence.
            (20) Satellite images captured by Human Rights Watch reveal 
        that, out of the approximately 470 villages in northern Rakhine 
        State, most of which were completely or partially populated 
        with Rohingya Muslims, nearly 300 were partially or completely 
        destroyed by fire after August 25, 2017.
            (21) The Government of Burma has continued to block access 
        to northern Rakhine State by United Nations and other 
        humanitarian organizations, preventing hundreds of thousands of 
        vulnerable Rohingya, Rahkine, and other ethnic groups, 
        including children with acute malnutrition, from receiving 
        humanitarian aid. According to a report by the United Nations 
        Children's Fund, a diphtheria outbreak has led to 424 cases and 
        6 deaths since December 6, 2017. In addition, the levels of 
        global acute malnutrition in refugees from Burma exceeds the 
        World Health Organization's threshold by 15 percent in children 
        aged 6-59 months. Over 50 percent of the Rohingya children are 
        reported to be suffering from anemia.
            (22) 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 an 
        ``Advisory Team for the Committee for the Implementation of 
        Recommendations on Rakhine State'' to move forward with 
        implementation.
            (23) On December 21, 2017, using the authority granted by 
        the Global Magnitsky Human Rights Accountability Act (subtitle 
        F of title XII of Public Law 114-328), the President imposed 
        sanctions on Maung Maung Soe, a Major General who was the chief 
        of the Burmese Army's Western command during the August 2017 
        attack in Rakhine state.
            (24) On November 22, 2017, Secretary of State Rex Tillerson 
        stated, ``After careful and thorough analysis of available 
        facts, it is clear that the situation in northern Rakhine state 
        constitutes ethnic cleansing against the Rohingya. Those 
        responsible for these atrocities must be held accountable.''.
            (25) Ethnic cleansing is a despicable evil, and while it is 
        not an independent crime under domestic or international law, 
        it is often accomplished through acts that constitute war 
        crimes, crimes against humanity, or genocide, and the 
        perpetrators of such crimes in Burma must be held accountable.

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) Genocide.--The term ``genocide'' means any offense 
        described in section 1091(a) of title 18, United States Code.
            (3) 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.
            (4) 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.
            (5) 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 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, including 
                the Rohingya, can vote;
                    (C) the promotion of genuine national 
                reconciliation and conclusion of a credible and 
                sustainable nationwide ceasefire agreement, political 
                accommodation of the needs of ethnic Shan, Kachin, 
                Chin, Karen, and other ethnic groups, safe and 
                voluntary return of displaced persons to villages of 
                origins, and constitutional change allowing inclusive 
                permanent peace;
                    (D) investigations into credible reports of ethnic 
                cleansing, crimes against humanity, sexual and gender-
                based violence, 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) accountability for determinations of ethnic 
                cleansing, crimes against humanity, sexual and gender-
                based violence, 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;
                    (F) strengthening the government's civilian 
                institutions, including support for greater 
                transparency and accountability;
                    (G) the establishment of professional and 
                nonpartisan military, security, and police forces that 
                operate under civilian control;
                    (H) empowering local communities, civil society, 
                and independent media;
                    (I) promoting responsible international and 
                regional engagement;
                    (J) strengthening respect for and protection of 
                human rights and religious freedom;
                    (K) 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 restoration of full citizenship for the 
                Rohingya population; and
                    (L) promoting broad-based, inclusive economic 
                development and fostering healthy and resilient 
                communities.

SEC. 5. AUTHORIZATION OF HUMANITARIAN ASSISTANCE AND RECONCILIATION.

    (a) Humanitarian Assistance.--
            (1) In general.--There is authorized to be appropriated 
        $103,695,069 for fiscal year 2018 for humanitarian assistance 
        for Burma, Bangladesh, and the region. The assistance may 
        include--
                    (A) assistance for the victims of the Burmese 
                military's ethnic cleansing campaign targeting Rohingya 
                in Rakhine State, including those displaced in 
                Bangladesh, Burma, and the region;
                    (B) support for voluntary resettlement or 
                repatriation efforts regionally; and
                    (C) humanitarian assistance to victims of violence 
                and destruction in Rakhine State, including victims of 
                gender-based violence and unaccompanied minors.
            (2) Sense of congress on additional funding.--It is the 
        sense of Congress that additional significant and sustained 
        funding will be necessary to address the medium and long-term 
        impacts of this crisis.
    (b) Reconciliation Programs.--There is authorized to be 
appropriated $27,400,000 for fiscal year 2018 for reconciliation 
programs in Burma. The assistance may include--
            (1) reducing the influence of the drivers of intercommunal 
        conflict;
            (2) strengthening engagement on areas affecting fundamental 
        freedoms;
            (3) enhancing the ability of key stakeholders to engage in 
        the peace process; and
            (4) assisting the implementation of the Kofi Annan 
        Commission report.

SEC. 6. MULTILATERAL ASSISTANCE.

    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 projects in Burma 
that--
            (1) provide for accountability and transparency, including 
        the collection, verification and publication of beneficial 
        ownership information related to extractive industries and on-
        site monitoring during the life of the project;
            (2) will be developed and carried out in accordance with 
        best practices regarding environmental conservation, cultural 
        protection, and empowerment of local populations, including 
        free, prior, and informed consent of affected indigenous 
        communities;
            (3) do not provide incentives for, or facilitate, forced 
        displacement; and
            (4) do not partner with or otherwise involve enterprises 
        owned or controlled by the armed forces.

SEC. 7. SENSE OF CONGRESS ON RIGHT OF RETURNEES AND FREEDOM OF 
              MOVEMENT.

    (a) Right of Return.--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;
            (2) offer to those who do not want to return meaningful 
        opportunity to obtain appropriate compensation or restitution;
            (3) not place returning Rohingya in DP camps or ``model 
        villages'', but instead make efforts to reconstruct Rohingya 
        villages as and where they were;
            (4) keep any funds collected by the Government by 
        harvesting the land previously owned and tended by Rohingya 
        farmers for them upon their return; and
            (5) fully implement all of the recommendations of the 
        Advisory Commission on Rakhine State.
    (b) Freedom of Movement of Refugees and Internally Displaced 
Persons.--Congress recognizes that the Government of Bangladesh has 
provided long-standing support and hospitality to people fleeing 
violence in Burma, and calls on the Government of Bangladesh--
            (1) to ensure all refugees have freedom of movement and 
        under no circumstance are subject to unsafe, involuntary, or 
        uninformed repatriation; and
            (2) 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. 8. MILITARY COOPERATION.

    (a) Prohibition.--Except as provided under subsection (b), the 
President may not furnish 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 State, in consultation with the Secretary of Defense, 
certifies 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 violations.
            (2) The military supports efforts to carry out meaningful 
        and comprehensive investigations of credible reports of abuses 
        and is taking steps to hold accountable those in the Burmese 
        military responsible for human rights violations.
            (3) The military supports efforts to carry out meaningful 
        and comprehensive investigations of reports of conflict-related 
        sexual and gender-based violence and is taking steps to hold 
        accountable those in the Burmese military who failed to 
        prevent, respond to, investigate, and prosecute violence 
        against women, sexual violence, or other gender-based violence.
            (4) 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.
            (5) 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 Rohingya refugees and internally displaced persons.
            (6) 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 United States Agency for 
        International Development and the Department of State may 
        provide assistance authorized by part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support 
        ethnic armed groups and the Burmese military for the purpose of 
        supporting research, dialogues, meetings, and other activities 
        related to the Union Peace Conference, Political Dialogues, and 
        related processes, in furtherance of inclusive, sustainable 
        reconciliation.
    (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 violations, 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 State and the Secretary of Defense 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 
                of the Government.
                    (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-to-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 rights reforms, including--
                            (i) cooperation with civilian authorities 
                        to investigate and prosecute cases of human 
                        rights violations;
                            (ii) steps taken to demonstrate respect for 
                        internationally recognized human rights 
                        standards and implementation of and adherence 
                        to the laws of war; 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 ceasefire 
                agreements, allow for safe and voluntary returns of 
                displaced persons to their villages of origin, 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. REINSTATEMENT OF IMPORT RESTRICTIONS ON JADEITE FROM BURMA.

    (a) Definitions.--Section 3A(a) of the Burmese Freedom and 
Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) is 
amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Burmese covered article.--The term `Burmese covered 
        article' means--
                    ``(A) jadeite mined or extracted from Burma; or
                    ``(B) articles of jewelry containing jadeite 
                described in subparagraph (A).'';
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Non-burmese covered article.--The term `non-Burmese 
        covered article' means--
                    ``(A) jadeite mined or extracted from a country 
                other than Burma; or
                    ``(B) articles of jewelry containing jadeite 
                described in subparagraph (A).''; and
            (3) by striking paragraph (4) and inserting the following:
            ``(4) Jadeite; articles of jewelry containing jadeite.--
                    ``(A) Jadeite.--The term `jadeite' means any 
                jadeite classifiable under heading 7103 of the 
                Harmonized Tariff Schedule of the United States (in 
                this paragraph referred to as the `HTS').
                    ``(B) Articles of jewelry containing jadeite.--The 
                term `articles of jewelry containing jadeite' means--
                            ``(i) any article of jewelry classifiable 
                        under heading 7113 of the HTS that contains 
                        jadeite; or
                            ``(ii) any article of jadeite classifiable 
                        under heading 7116 of the HTS.''.
    (b) Termination.--Section 3A of the Burmese Freedom and Democracy 
Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) is amended by 
striking subsections (g) and (h) and inserting the following:
    ``(g) 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 jadeite 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.''.
    (c) Conforming Amendments.--Section 3A of the Burmese Freedom and 
Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) is 
amended--
            (1) in the section heading--
                    (A) by striking ``and rubies''; and
                    (B) by striking ``or rubies'';
            (2) 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 180 days 
                after the date of the enactment of the Burma Human 
                Rights and Freedom Act of 2018''; 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 Human Rights and Freedom Act of 
                2018''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``until such 
                time'' and all that follows through ``2008'' and 
                inserting ``beginning on the date that is 180 days 
                after the date of the enactment of the Burma Human 
                Rights and Freedom Act of 2018''; and
                    (B) in paragraph (2)(B)--
                            (i) in clause (ii), by striking ``or 
                        polished rubies''; and
                            (ii) by striking ``or rubies'' each place 
                        it appears.

SEC. 10. VISA BAN AND ECONOMIC SANCTIONS WITH RESPECT TO MILITARY 
              OFFICIALS RESPONSIBLE FOR HUMAN RIGHTS VIOLATIONS.

    (a) List Required.--
            (1) In general.--Not later than 180 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 knowingly played a direct and significant role 
        in the commission of human rights violations 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--
                    (A) in charge of each unit that was operational 
                during the so-called ``clearance operations'' that 
                began during or after October 2016; and
                    (B) who knew, or should have known, that the 
                official's subordinates were committing sexual or 
                gender-based violence and failed to take adequate steps 
                to prevent such violence or punish the individuals 
                responsible for such violence.
            (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 shall exclude from the 
        United States, any individual included in the most recent list 
        required subsection (a).
            (2) List of specially designated nationals and blocked 
        persons.--
                    (A) In general.--Not later than 180 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, in 
                        classified form if necessary, on the procedures 
                        for including those individuals on the SDN list 
                        under existing authorities of the Department of 
                        the Treasury.
                    (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 during or after October 
                        2016, including--
                                    (I) Senior General Min Aung Hlaing; 
                                and
                                    (II) Major General Khin Maung Soe;
                            (ii) any senior official of the military or 
                        security forces of Burma for which the 
                        President determines there are credible reports 
                        that the official has aided, participated, or 
                        is otherwise implicated in gross human rights 
                        violations in Burma, including sexual and 
                        ethnic- or gender-based violence; and
                            (iii) any senior official of the military 
                        or security forces of Burma for which the 
                        President determines there are credible reports 
                        that the official knew, or should have known, 
                        that the official's subordinates were 
                        committing sexual or gender-based violence and 
                        failed to take adequate steps to prevent such 
                        violence or punish the individuals responsible 
                        for such violence.
            (3) Authority for additional financial sanctions.--The 
        Secretary of the Treasury may, in consultation with the 
        Secretary of State, prohibit or impose strict conditions on the 
        opening or maintaining in the United States of a correspondent 
        account or payable-through account by any financial institution 
        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 
                knowingly holds property or an interest in property of 
                an individual included on the SDN list pursuant to 
                paragraph (2); or
                    (B) to conduct a significant transaction on behalf 
                of such an individual.
            (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 List.--The President may remove an individual from 
the list required by subsection (a) 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 violations;
                    (B) cooperated with independent efforts to 
                investigate such violations;
                    (C) been held accountable for such violations; and
                    (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 
        national interest of the United States.
    (d) 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.
    (e) Waiver.--The President may waive a requirement of this section 
if the Secretary of State, in consultation with the Secretary of the 
Treasury, determines and reports to the appropriate congressional 
committees that the waiver is important to the national security 
interests of the United States.
    (f) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        paragraph (2) or (3) of subsection (b) or any regulation, 
        license, or order issued to carry out either such paragraph 
        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.
            (3) 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).
    (g) 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 institution.--The term ``financial 
        institution'' has the meaning given that term in section 5312 
        of title 31, United States Code.
            (3) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (4) SDN list.--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.
            (5) 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;
                    (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; 
                or
                    (C) any person in the United States.

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 roadmap 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 and increase 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. In the ruby industry, this 
        specifically includes working with the Government of Burma to 
        require the disclosure of the ultimate beneficial ownership of 
        entities in the industry and the publication of project 
        revenues, payments, and contract terms relating to the 
        industry. 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).
            (3) Promote universal access to reliable, affordable, 
        energy efficient, and sustainable power, including leveraging 
        United States assistance to support reforms in the power sector 
        and electrification projects that increase energy access, in 
        partnership with multilateral organizations and the private 
        sector.

SEC. 12. REPORT ON ETHNIC CLEANSING AND SERIOUS HUMAN RIGHTS ABUSES 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 detailing the credible 
reports of ethnic cleansing and serious human rights abuses committed 
against the Rohingya in Burma, including credible reports of war 
crimes, 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 credible reports of ethnic cleansing 
        and serious human rights abuses perpetrated against the 
        Rohingya ethnic minority in Burma, including--
                    (A) incidents that may constitute ethnic cleansing, 
                crimes against humanity, sexual and gender-based 
                violence, 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, sexual and gender-based 
                violence, 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 credible reports of ethnic cleansing and 
        reports of war crimes, crimes against humanity, sexual and 
        gender-based violence, 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 reports of ethnic cleansing, crimes against 
                humanity, and genocide in Burma, including support for 
                Burmese and Bangladeshi, foreign, and international 
                nongovernmental organizations, the 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, and 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 credible reports of 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, 
        war crimes, 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 for Burma.

SEC. 14. SENSE OF CONGRESS ON PRESS FREEDOM.

    In order to promote freedom of the press in Burma, it is the sense 
of Congress that--
            (1) Wa Lone and Kyaw Soe Oo should be immediately released 
        and should have access to lawyers and their families; and
            (2) the decision to use a colonial-era law to arrest these 
        Reuters reporters undermines press freedom around the world and 
        further underscores the need for serious legal reform.

SEC. 15. MEASURES RELATING TO MILITARY COOPERATION BETWEEN BURMA AND 
              NORTH KOREA.

    (a) Imposition of Sanctions.--
            (1) In general.--The President may, with respect to any 
        person described in paragraph (2)--
                    (A) impose the sanctions described in paragraph (1) 
                or (3) of section 10(b); or
                    (B) include that person on the SDN list (as defined 
                in section 10(g)).
            (2) Persons described.--A person described in this 
        paragraph is an official of the Government of Burma or an 
        individual or entity acting on behalf of that Government that 
        the President determines purchases or otherwise acquires 
        defense articles from the Government of North Korea or an 
        individual or entity acting on behalf of that Government.
    (b) Restriction on Foreign Assistance.--The President may terminate 
or reduce the provision of United States foreign assistance to Burma if 
the President determines that the Government of Burma does not 
verifiably and irreversibly eliminate all purchases or other 
acquisitions of defense articles by persons described in subsection 
(a)(2) from the Government of North Korea or individuals or entities 
acting on behalf of that Government.
    (c) Defense Article Defined.--In this section, the term ``defense 
article'' has the meaning given that term in section 47 of the Arms 
Export Control Act (22 U.S.C. 2794).

SEC. 16. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.

    Nothing in this Act shall be construed as an authorization for the 
use of force.
                                 <all>