[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3190 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 3190

_______________________________________________________________________

                                 AN ACT


 
To authorize humanitarian assistance and impose sanctions with respect 
        to human rights abuses in Burma, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Burma Unified 
through Rigorous Military Accountability Act of 2019'' or the ``BURMA 
Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
           TITLE I--MATTERS RELATING TO THE CONFLICT IN BURMA

Sec. 101. Statement of policy.
Sec. 102. Sense of Congress with respect to humanitarian assistance, 
                            freedom of movement, and rights of 
                            returnees.
Sec. 103. Sense of Congress on freedoms of press and association.
Sec. 104. Imposition of sanctions for the violation of human rights.
        TITLE II--ASSISTANCE AND SANCTIONS WITH RESPECT TO BURMA

Sec. 201. Authorization to provide humanitarian assistance.
Sec. 202. Imposition of sanctions with respect to human rights abuses 
                            in Burma.
    TITLE III--GOVERNANCE OF THE BURMESE MINING AND GEMSTONE SECTORS

Sec. 301. Sense of Congress on the mining sector of Burma.
Sec. 302. Guidance relating to responsibility and transparency in the 
                            mining sector of Burma.
   TITLE IV--ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES AND STRATEGY FOR 
                            ECONOMIC GROWTH

Sec. 401. Report on accountability for war crimes, crimes against 
                            humanity, and genocide in Burma.
Sec. 402. Authorization to provide technical assistance for efforts 
                            against human rights abuses.
Sec. 403. Strategy for promoting economic development in Burma.
              TITLE V--DETERMINATION OF BUDGETARY EFFECTS

Sec. 501. Determination of budgetary effects.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Financial Services, and the Committee on Armed 
                Services of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Banking, and the Committee on Armed 
                Services of the Senate.
            (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) extermination;
                    (E) enslavement;
                    (F) rape, sexual slavery, or any other form of 
                sexual violence of comparable severity;
                    (G) 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; and
                    (H) enforced disappearance of persons.
            (3) Genocide.--The term ``genocide'' means any offense 
        described in section 1091(a) of title 18, United States Code.
            (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 to redress legacies of atrocities and 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. 3. FINDINGS.

    Congress finds the following:
            (1) On August 25, 2017, Burmese military and security 
        forces violently and disproportionately responded to an attack 
        on security outposts, resulting in a mass exodus of Rohingya 
        from the Rakhine State of Burma into Bangladesh, which the 
        International Organization of Migration called ``unprecedented 
        in terms of volume and speed''.
            (2) Between August 2017 and March 2019, in response to the 
        violence perpetrated by the Burmese military and security 
        forces, the United Nations estimates more than 740,000 
        Rohingya, approximately 75 percent of whom are women and 
        children, have fled to Bangladesh, fearing loss of life, 
        livelihoods, and shelter. Rohingya have continued to flee Burma 
        in significant numbers, including in 2019. According to the 
        United Nations High Commissioner for Refugees, more than 1,400 
        Rohingya have arrived in Bangladesh since January 1, 2019.
            (3) Even after the Burmese military scaled back attacks 
        against Rohingya in late 2017, security forces continued to 
        impose restrictions on the basic freedoms of Rohingya in 
        Rakhine State, including on freedom of movement. In November 
        2017, Amnesty International determined that Rohingya remaining 
        in Rakhine are ``trapped in a vicious system of state-
        sponsored, institutionalized discrimination that amounts to 
        apartheid''.
            (4) Despite the steps taken toward democracy in Burma, 
        there exists limited control by the civilian government over 
        civilian agencies as well as military and security forces that 
        carried out the violence in Rakhine State. The military and 
        security forces continue to engage in grave human rights abuses 
        against ethnic minorities throughout in the country.
            (5) Both government- and military-initiated investigations 
        into human rights abuses in Burma involving violence between 
        ethnic minorities and Burmese security forces have failed to 
        yield credible results or hold perpetrators accountable.
            (6) In a public address on October 12, 2017, State 
        Counsellor Aung San Suu Kyi laid out the following goals for 
        the State of Rakhine:
                    (A) Repatriation of those who have crossed over to 
                Bangladesh.
                    (B) Effective provision of humanitarian assistance.
                    (C) Resettlement of displaced populations.
                    (D) Economic development and durable peace.
            (7) Due to restrictions enforced by the Rakhine State 
        government and the national military and security forces, there 
        has been little progress made since that time and limited 
        ability for the international community to support, verify, or 
        evaluate the Government of Burma's efforts. There are also 
        credible reports of Burmese military and security forces 
        bulldozing numerous villages where violence occurred, thus 
        destroying physical evidence, and in some cases, constructing 
        new military installations on top of the bulldozed villages.
            (8) On November 22, 2017, former Secretary of State Rex 
        Tillerson stated that ``After a 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''. He also said the violence ``has a number of 
        characteristics of certainly crimes against humanity''. Despite 
        repeated requests from Members of Congress, as well as the 
        result of its own investigation (the executive summary of which 
        was released on September 17, 2018), the Department has 
        declined to make a determination if the atrocities in Rakhine 
        State constitute genocide or crimes against humanity.
            (9) On December 12, 2017, Wa Lone and Kyaw Soe Oo, two 
        Reuters reporters covering the crisis in Rakhine State, were 
        entrapped, arrested, and charged with violating the Official 
        Secrets Act, continuing a trend of restricting media and free 
        speech and attempting to thwart coverage of the events in 
        Rakhine State.
            (10) Another barrier to the voluntary, safe, dignified and 
        sustainable return of the Rohingya to Rakhine State is the 
        refusal of the Government of Burma to reinstate the full 
        citizenship of the Rohingya, as well as the Government's 
        unwillingness to consider the repeal of or amendments to the 
        Citizenship Act of 1982 that stripped the Rohingya of their 
        full citizenship.
            (11) During 2018, the ongoing conflict in Burma escalated 
        in Kachin and Shan States, reignited in Karen (Kayin) State, 
        and spread into Chin and Rakhine States. Along with the 
        increase in fighting between Burma's security forces and 
        several ethnic armed organizations, there was a rise in 
        allegations of human rights abuses perpetrated by Burmese 
        security forces in these conflict areas.
            (12) In April 2018, thousands of civilians fled fighting 
        between the military and ethnic armed groups in Kachin State, 
        prompting peaceful demonstrations. In December 2018, three 
        prominent activist in Kachin State, Lum Zawng, Nang Pu and Zau 
        Jet were convicted and sentenced to 6 months imprisonment for 
        defaming the military.
            (13) On June 6, 2018, the United Nations Refugee Agency and 
        the United Nations Development Programme signed a tripartite 
        Memorandum of Understanding with Burma. The Office of the 
        United Nations High Commissioner for Refugees and various 
        international human rights and international relief agencies 
        agreed that conditions in Rakhine State are not sufficient for 
        the voluntary, safe, dignified, and sustainable return of the 
        Rohingya.
            (14) The United Nations Independent International Fact-
        Finding Mission on Myanmar, the Department of State, and more 
        than a dozen human rights organizations have reported and 
        documented a campaign of violence perpetrated by the security 
        forces of Burma, which indiscriminately fired on and killed 
        civilians, raped women and girls, and arrested Rohingya men 
        without any cause or charges. Satellite images obtained by 
        Amnesty International reveal that, out of the approximately 470 
        villages in northern Rakhine State, nearly 300 were partially 
        or completely destroyed by fire since August 25, 2017, most of 
        which were completely or partially populated by Rohingya 
        Muslims.
            (15) In its report of September 17, 2018, the United 
        Nations Independent International Fact-Finding Mission on 
        Myanmar determined that there was sufficient evidence of 
        ``genocidal intent'' in the attacks against the Rohingya in 
        Rakhine State, and probable ``crimes against humanity'' and 
        ``war crimes'' in Burmese security forces assaults on ethnic 
        minorities in Kachin and Shan States. The Mission recommended 
        that the United Nations Security Council ``should ensure 
        accountability for crimes under international law committed in 
        Myanmar, preferably by referring the situation to the 
        International Criminal Court or alternatively by creating an ad 
        hoc international criminal tribunal''. The Mission also 
        recommended the imposition of targeted economic sanctions, 
        including an arms embargo on Burma.
            (16) On September 3, 2018, Wa Lone and Kyaw Soe Oo were 
        convicted and sentenced to seven years in prison and released 
        as an act of Presidential amnesty on May 6, 2019, after over 
        500 days in jail. Time Magazine included pictures the two 
        reporters on the cover of its ``Person of the Year'' issue on 
        December 10, 2018, as two of the ``Guardians and the War on 
        Truth''.
            (17) According to the free-speech organization Athan, 44 
        journalists and 142 activists have faced trial since 2016 
        charged with colonial-era laws used to stifle dissent, while 
        tightening restrictions on activist groups.
            (18) On September 28, 2018, the United Nations Human Rights 
        Council passed a resolution that calls for an independent 
        mechanism to collect and analyze evidence in regard to the 
        serious international crimes committed in Burma against 
        Rohingya Muslims and other minorities since 2011. The 
        resolution requests that the independent mechanism ``prepare 
        files in order to facilitate and expedite fair and independent 
        criminal proceedings, in accordance with international law 
        standards, in national, regional or international courts or 
        tribunals that have or may in the future have jurisdiction over 
        these crimes''.
            (19) On November 15, 2018, the Government of Bangladesh and 
        the Government of Burma abandoned plans to return more than 
        2,000 Rohingya to Rakhine State after it was determined that 
        none were willing to voluntarily return given the current 
        conditions in Rakhine State, as well as the Government of 
        Burma's failure to ensure the returnees' safety, dignity, or 
        sustainability of their livelihoods.
            (20) A December 2018 report by the Public Law Interest & 
        Policy group noted that ``the destruction of their villages, 
        crops, and virtually all infrastructure clearly points to a 
        strategy of ensuring the Rohingya's permanent removal. The mass 
        killings and accompanying brutality, including against 
        children, women, pregnant women, the elderly, and those 
        crossing the border to Bangladesh further suggest, however, 
        that, at least in the minds of some perpetrators, the goal was 
        not only to expel, but also to exterminate the Rohingya * * *'' 
        and that ``there are reasonable grounds to believe that crimes 
        against humanity, genocide, and war crimes have been committed 
        against the Rohingya in Myanmar's northern Rakhine State''.
            (21) Despite substantial evidence of widespread and 
        systematic atrocities committed by Burmese security forces in 
        Rakhine State, State Counselor Aung San Suu Kyi and Burma's 
        Commander-in-Chief Senior General Min Aung Hlaing continue to 
        maintain that no such widespread and systematic atrocities 
        occurred.
            (22) On December 13, 2018, the United States House of 
        Representatives passed House Resolution 1091 (115th Congress) 
        which expressed the sense of the House that ``the atrocities 
        committed against the Rohingya by the Burmese military and 
        security forces since August 2017 constitute crimes against 
        humanity and genocide'' and called upon the Secretary of State 
        to review the available evidence and make a similar 
        determination.
            (23) On December 19, 2018, the United Nations Humanitarian 
        Coordinator requested $202,000,000 for the 2019 Humanitarian 
        Response Plan for Burma.
            (24) The 2019 Joint Response Plan for the Rohingya 
        Humanitarian Crisis asks the international community to provide 
        $20,500,000 in assistance to meet needs in Bangladesh.
            (25) On May 14, 2019, the United Nations Fact-Finding 
        Mission on Myanmar urged all countries to cut off economic ties 
        to Burma's military-owned businesses, stating ``* * * due to 
        the gravity of past and continuing violations, attention must 
        be given to the political, economic and financial ties of the 
        Myanmar military * * * so we can cut off the money supply as a 
        means of increasing pressure and reducing the violence.''.

           TITLE I--MATTERS RELATING TO THE CONFLICT IN BURMA

SEC. 101. STATEMENT OF POLICY.

    It is the policy of the United States as follows:
            (1) To support a complete transition to democracy and 
        genuine national reconciliation in Burma, including 
        accountability for the atrocities committed by the Burmese 
        military against the Rohingya population and other ethnic 
        minorities throughout the country.
            (2) To pursue a United States strategy of calibrated 
        engagement, which 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.
            (3) To ensure that the guiding principles of such a 
        strategy include--
                    (A) supporting legal reforms, removing remaining 
                restrictions on civil and political rights, and 
                ensuring civilian governance, including reforms to the 
                current constitutional provision reserving 25 percent 
                of parliamentary seats for appointments by the 
                military, which provides the military with veto power 
                over constitutional amendments;
                    (B) establishing a fully democratic, pluralistic, 
                and representative political system that includes free, 
                fair, and democratic elections in which all people of 
                Burma can vote;
                    (C) promoting national reconciliation and the 
                conclusion of a nationwide cease-fire agreement, 
                including the development of a political system that is 
                inclusive of ethnic Rohingya, Shan, Kachin, Chin, 
                Karen, and other ethnic groups, measures to address 
                natural resource governance, revenue-sharing, land 
                rights, and constitutional change enabling inclusive 
                peace;
                    (D) ensuring accountability through independent 
                international investigations of genocide, war crimes, 
                and crimes against humanity, including sexual and 
                gender-based violence, perpetrated against the Rohingya 
                and other ethnic minorities by the military and 
                security forces of Burma, violent extremist groups and 
                other combatants involved in the conflict;
                    (E) strengthening Burma's civilian governmental 
                institutions, including support for greater 
                transparency and accountability;
                    (F) encouraging the establishment of professional 
                military, security, and police forces that operate 
                under civilian control and are held accountable for 
                human rights abuses, corruption, or other abuses of 
                power;
                    (G) combating corruption and illegal economic 
                activity, including that which involves the military 
                and its close allies;
                    (H) empowering local communities, civil society, 
                and independent media;
                    (I) encouraging the provision of full citizenship 
                for the Rohingya population in Burma, as well as 
                durable solutions for those displaced in Bangladesh;
                    (J) promoting responsible international and 
                regional engagement;
                    (K) strengthening respect for and protection of 
                human rights and religious freedom; and
                    (L) promoting broad-based, inclusive economic 
                development and fostering healthy and resilient 
                communities.

SEC. 102. SENSE OF CONGRESS WITH RESPECT TO HUMANITARIAN ASSISTANCE, 
              FREEDOM OF MOVEMENT, AND RIGHTS OF RETURNEES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) significant and sustained international funding, from 
        both public and private sources, is necessary to address the 
        medium- and long-term impacts of the crisis in Burma and the 
        impact of the crisis on Bangladesh; and
            (2) the United States should make resolving the Rohingya 
        crisis one of its top priorities in its engagement with 
        regional institutions, such as the Association of Southeast 
        Asian Nations.
    (b) Restoration of Humanitarian Access and Accountability in 
Rakhine State.--Congress calls on the Government of Burma, including 
the Burmese military and security forces, to ensure full and secure 
humanitarian access to the State of Rakhine and to cooperate with the 
ongoing international mechanism set up by the United Nations Human 
Rights Council in September 2018 and funded by the United Nations 
General Assembly to gather evidence and other information pertaining to 
allegations of crimes against humanity and genocide committed in Burma.
    (c) Rights of Refugees, Internally Displaced Persons, and 
Returnees.--
            (1) Burma.--Congress calls on the Government of Burma to--
                    (A) ensure that Rohinyga in Burma have freedom of 
                movement;
                    (B) create conditions for return of those displaced 
                from their homes and implement the recommendations of 
                the Advisory Commission on Rakhine State, which 
                includes full and equal citizenship;
                    (C) work closely with the international community, 
                including the United Nations High Commissioner for 
                Refugees, to ensure the dignified, safe, sustainable 
                and voluntary return of all those displaced from their 
                homes, especially from Rakhine State, without an unduly 
                high burden of proof; and
                    (D) offer compensation or restitution to those 
                refugees who do not want to return to their homes.
            (2) Bangladesh.--Congress calls on the Government of 
        Bangladesh to--
                    (A) ensure that the rights of refugees are 
                protected, including through allowing them to build 
                more permanent shelters, and ensuring equal access to 
                healthcare, basic services, education and work;
                    (B) work closely with the international community, 
                including the United Nations High Commissioner for 
                Refugees, to ensure that any repatriation or 
                resettlement of refugees be dignified, safe, 
                sustainable and voluntary; and
                    (C) ensure that any relocation or local integration 
                of refugees in Bangladesh be consistent with 
                international humanitarian principles, including 
                freedom of movement, and implemented only through 
                voluntary, fully informed consent.

SEC. 103. SENSE OF CONGRESS ON FREEDOMS OF PRESS AND ASSOCIATION.

    It is the sense of Congress that, in order to promote the freedom 
of the press and speech, the Government of Burma should undertake 
serious legal reforms including reform of the Official Secrets Act, 
1923, the Unlawful Association Act, 1908, and the Penal Code.

SEC. 104. IMPOSITION OF SANCTIONS FOR THE VIOLATION OF HUMAN RIGHTS.

    The President shall impose sanctions--
            (1) against officials in Burma, including Commander in 
        Chief of the Armed Forces of Myanmar Min Aung Hlaing, under the 
        Global Magnitsky Human Rights Accountability Act (22 U.S.C. 
        2656 note); and
            (2) against military-owned enterprises, including the 
        Myanmar Economic Corporation and Union of Myanmar Economic 
        Holding, under the Burmese Freedom and Democracy Act (50 U.S.C. 
        1701 note), the Tom Lantos Block Burmese JADE (Junta's Anti-
        Democratic Efforts) Act of 2008 (50 U.S.C. 1701 note), and 
        other relevant statutory authorities.

        TITLE II--ASSISTANCE AND SANCTIONS WITH RESPECT TO BURMA

SEC. 201. AUTHORIZATION TO PROVIDE HUMANITARIAN ASSISTANCE.

    There is authorized to be appropriated $220,500,000 for fiscal year 
2020 to provide humanitarian assistance for Burma, Bangladesh, and the 
surrounding region, including for the following purposes:
            (1) Assisting the victims of the Burmese military's crimes 
        against humanity targeting Rohingya and other ethnic minorities 
        in Rakhine, Kachin, and Shan States, including those displaced 
        in Burma, Bangladesh, Thailand, and the surrounding region.
            (2) Supporting voluntary resettlement or repatriation of 
        such displaced persons in Burma, upon the conclusion of genuine 
        agreements developed and negotiated with the involvement and 
        consultation of such displaced persons.
            (3) Assistance to promote ethnic and religious tolerance, 
        combat gender-based violence, and support victims of violence 
        and destruction in Rakhine, Kachin, and Shan States.
            (4) Supporting programs to investigate and document 
        allegations of war crimes, crimes against humanity, and 
        genocide committed in Burma, including gender-based violence.
            (5) Supporting access to education for children currently 
        living in refugee camps in the surrounding region, and access 
        to higher education in Bangladesh.
            (6) Assisting minority ethnic groups and civil society in 
        Burma to help sustain cease-fire agreements and further 
        prospects for reconciliation and sustainable peace.
            (7) Promoting ethnic minority inclusion and participation 
        in Burma's political processes.

SEC. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES 
              IN BURMA.

    (a) In General.--For the 8-year period beginning on the date that 
is 270 days after the date of the enactment of this Act, the President 
shall impose the sanctions described in subsection (b) with respect to 
each foreign person that the President determines, based on credible 
evidence--
            (1) is a current or former senior official of the military 
        or security forces of Burma who--
                    (A) knowingly perpetrated, ordered, or otherwise 
                directed serious human rights abuses in Burma; or
                    (B) has taken significant steps to impede 
                investigations or prosecutions of alleged serious human 
                rights abuses, including against the Rohingya community 
                in Rakhine State;
            (2) is an entity owned or controlled by any person 
        described in paragraph (1);
            (3) is an entity, such as the Myanmar Economic Cooperation 
        or the Myanmar Economic Holding Corporation, that is owned or 
        controlled, directly or indirectly, by the military or security 
        forces of Burma, including through collective or cooperative 
        structures, from which one or more persons described in 
        paragraph (1) derive significant revenue or financial benefit; 
        or
            (4) has knowingly--
                    (A) provided significant financial, material, or 
                technological support--
                            (i) to a foreign person described in 
                        paragraph (1) in furtherance of any of the acts 
                        described in subparagraph (A) or (B) of such 
                        paragraph; or
                            (ii) to any entity owned or controlled by 
                        such person or an immediate family member of 
                        such person; or
                    (B) received significant financial, material, or 
                technological support from a foreign person described 
                in paragraph (1) or an entity owned or controlled by 
                such person or an immediate family member of such 
                person.
    (b) Sanctions Described; Exceptions.--
            (1) Sanctions.--The sanctions described in this subsection 
        are the following:
                    (A) Asset blocking.--Notwithstanding the 
                requirements of section 202 of the International 
                Emergency Economic Powers Act (50 U.S.C. 1701), the 
                exercise of all powers granted to the President by such 
                Act to the extent necessary to block and prohibit all 
                transactions in all property and interests in property 
                of a foreign person the President determines meets one 
                or more of the criteria described in subsection (a) if 
                such property and interests in property are in the 
                United States, come within the United States, or are or 
                come within the possession or control of a United 
                States person.
                    (B) Aliens inadmissible for visas, admission, or 
                parole.--
                            (i) Visas, admission, or parole.--A foreign 
                        person described in subsection (a) is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--A foreign 
                        person described in subsection (a) is subject 
                        to the following:
                                    (I) Revocation of any visa or other 
                                entry documentation regardless of when 
                                the visa or other entry documentation 
                                is or was issued.
                                    (II) A revocation under subclause 
                                (I) shall--
                                            (aa) take effect 
                                        immediately; and
                                            (bb) automatically cancel 
                                        any other valid visa or entry 
                                        documentation that is in the 
                                        foreign person's possession.
            (2) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (1)(B) shall not apply 
        with respect to an alien if admitting or paroling the alien 
        into the United States is necessary to permit the United States 
        to comply with the Agreement regarding the Headquarters of the 
        United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations.
    (c) Penalties.--Any person that violates, attempts to violate, 
conspires to violate, or causes a violation of this section or any 
regulation, license, or order issued to carry out 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.
    (d) 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 
and shall issue such regulations, licenses, and orders as are necessary 
to carry out this section.
    (e) Exception Relating to the Importation of Goods.--
            (1) In general.--The authorities and requirements to impose 
        sanctions authorized under this Act shall not include the 
        authority or requirement to impose sanctions on the importation 
        of goods.
            (2) Good defined.--In this subsection, the term ``good'' 
        means any article, natural or man-made substance, material, 
        supply or manufactured product, including inspection and test 
        equipment, and excluding technical data.
    (f) Waiver.--The President may annually waive the application of 
sanctions imposed on a foreign person pursuant to subsection (a) if the 
President--
            (1) determines that a waiver with respect to such foreign 
        person is in the national interest of the United States; and
            (2) not later than the date on which such waiver will take 
        effect, submits to the following committees notice of and 
        justification for such waiver:
                    (A) The Committee on Foreign Affairs, the Committee 
                on Appropriations, and the Committee on Financial 
                Services of the House of Representatives.
                    (B) The Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.
    (g) Definitions.--In this section--
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1001).
            (2) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (3) Knowingly.--The term ``knowingly'' means, 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) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen, an alien lawfully 
                admitted for permanent residence to the United States, 
                or any other individual subject to the jurisdiction of 
                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 entity.

    TITLE III--GOVERNANCE OF THE BURMESE MINING AND GEMSTONE SECTORS

SEC. 301. SENSE OF CONGRESS ON THE MINING SECTOR OF BURMA.

    (a) Findings.--Congress finds the following:
            (1) In 2015, the nongovernmental organization Global 
        Witness estimated that the value of total production of jade in 
        Burma in 2014 was $31,000,000,000, almost 48 percent of the 
        official gross domestic product of Burma. As much as 80 percent 
        of that jade sold is smuggled out of Burma.
            (2) Burma's military and associated entities, including 
        companies owned or controlled by Myanmar Economic Corporation 
        and Myanmar Economic Holding Limited, their affiliated 
        companies, and companies owned or controlled by current and 
        former senior military officers or their family members, are 
        linked to the mining sector, including the gemstone industry, 
        and benefit financially from widespread illegal smuggling of 
        jade and rubies from Burma.
            (3) Illegal trafficking in precious and semiprecious stones 
        from Burma, including the trade in high-value jade and rubies, 
        deprives the people of Burma and the civilian government of 
        critical revenue and instead benefits military-linked entities, 
        non-state armed groups, and transnational organized criminal 
        networks.
            (4) In 2016, the Government of Burma began to take steps to 
        reform aspects of the mining sector, including--
                    (A) improving governance in the gemstone industry, 
                by temporarily suspending the issuance or renewal of 
                jade and gemstone mining permits;
                    (B) commissioning an environmental management plan 
                for some mining areas; and
                    (C) establishing the multi-stakeholder Jade and 
                Gemstone Support Committee under the Ministry of 
                Natural Resources and Environmental Conservation to 
                develop recommendations for a new industry-wide policy 
                and limited gemstone payment disclosures under the 
                Myanmar Extractives Industry Transparency Initiative.
            (5) In January 2019, the Government of Burma adopted a new 
        Gemstone Law that does not adequately address corruption and 
        tax avoidance, conflicts of interest, or the factors fueling 
        conflict in Kachin State and other gemstone mining areas.
            (6) The lifting in October 2016 of United States sanctions 
        on the importation of jade and jadeite and rubies from Burma 
        allowed such gemstones to legally enter the United States 
        market, but some retailers have refrained from sourcing 
        gemstones of Burmese origin due to governance and reputational 
        concerns.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) notwithstanding Burma's ``Trafficking in Persons'' 
        ranking, the President should continue to provide assistance to 
        Burma, pursuant to the waiver authority under section 110(d)(4) 
        of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7107(d)(4)), in order to re-engage with the Government of Burma 
        with respect to the mining sector and should make available 
        technical, capacity-building and other assistance through the 
        Department of State or the United States Agency for 
        International Development to support the Government of Burma in 
        efforts to reform the gemstone industry; and
            (2) companies that seek to import to the United States 
        gemstones or minerals that may be of Burmese origin or articles 
        of jewelry containing such gemstones should--
                    (A) obtain such materials exclusively from entities 
                that satisfy the transparency criteria described in 
                section section 302(b)(2) or from third parties that 
                can demonstrate that they sourced the materials from 
                entities that meet such criteria; and
                    (B) undertake robust due diligence procedures in 
                line with the ``Due Diligence Guidance for Responsible 
                Business Conduct'' and ``Due Diligence Guidance for 
                Responsible Supply Chains of Minerals from Conflict-
                Affected and High-Risk Areas'' promulgated by the 
                Organization for Economic Cooperation and Development.

SEC. 302. GUIDANCE RELATING TO RESPONSIBILITY AND TRANSPARENCY IN THE 
              MINING SECTOR OF BURMA.

    (a) List of Participating White-List Entities.--Not later than 120 
days after the date of the enactment of this Act, and annually 
thereafter until the date described in subsection (e), the Secretary of 
State shall submit to the appropriate congressional committees, and 
publish on a publicly available website, a list of each entity 
described in subsection (b)(1) that--
            (1) participates in Burma's mining sector;
            (2) publicly discloses beneficial ownership, as such term 
        is defined for purposes of the Myanmar Extractive Industry 
        Transparency Initiative (``Myanmar EITI'');
            (3) is not owned or controlled, either directly or 
        indirectly, by the Burmese military or security forces, any 
        current or former senior Burmese military officer, or any 
        person sanctioned by the United States pursuant to any relevant 
        sanctions authority; and
            (4) is making significant progress toward meeting the 
        criteria described in subsection (b)(2).
    (b) Entities and Criteria Described.--
            (1) Entities described.--The entities described in this 
        subsection are the following:
                    (A) Entities that produce or process precious and 
                semiprecious gemstones.
                    (B) Entities that sell or export precious and 
                semiprecious gemstones from Burma or articles of 
                jewelry containing such gemstones.
            (2) Criteria described.--The criteria described in this 
        subsection are the following:
                    (A) The entity publicly discloses any politically 
                exposed persons, officers, directors or beneficial 
                owners, as defined under the Myanmar EITI.
                    (B) The entity publicly discloses valid 
                authorization, license, or permit to produce, process, 
                sell, or export minerals or gemstones, as applicable.
                    (C) The entity publicly discloses payments to the 
                Government of Burma, including tax and non-tax, 
                license, or royalty payments, and other payments or 
                contract terms as may be required under Myanmar EITI 
                standards.
                    (D) The entity undertakes due diligence, in line 
                with the OECD Due Diligence Guidance for Responsible 
                Supply Chains of Minerals from Conflict-Affected and 
                High-Risk Areas, including public reporting.
    (c) Periodic Updating.--The Secretary shall periodically update the 
publicly available version of the list described in subsection (a) as 
appropriate.
    (d) Guidance and White-List Entities.--The Secretary shall issue 
guidance for entities in the United States private sector with respect 
to the best practices for supply-chain due diligence that are 
applicable to importation of gemstones or minerals that may be of 
Burmese origin or articles of jewelry containing such gemstones, 
including with respect to transactions with entities approved for 
inclusion in the list published pursuant subsection (a), in order to 
mitigate potential risks and legal liabilities associated with the 
importation of such items.
    (e) Termination.--The date described in this section is the date on 
which the President certifies to the appropriate congressional 
committees that the Government of Burma has taken substantial measures 
to reform the mining sector in Burma, including the following:
            (1) Require the mandatory disclosure of payments, permit 
        and license allocations, project revenues, contracts, and 
        beneficial ownership, including the identification any 
        politically exposed persons who are beneficial owners, 
        consistent with the approach agreed under the Myanmar EITI and 
        with due regard for civil society participation.
            (2) Separate the commercial, regulatory, and revenue 
        collection responsibilities within the Myanmar Gems Enterprise 
        and other key state-owned enterprises to remove existing 
        conflicts of interest.
            (3) Monitor and undertake enforcement actions, as 
        warranted, to ensure that entities--
                    (A) adhere to environmental and social impact 
                assessment and management standards in accordance with 
                international responsible mining practices, the 
                country's environmental conservation law, and other 
                applicable laws and regulations; and
                    (B) uphold occupational health and safety standards 
                and codes of conduct that are aligned with the core 
                labor standards of the International Labour 
                Organisation and with domestic law.
            (4) Address the transparent and fair distribution of 
        benefits from natural resources, including through local 
        benefit-sharing.
            (5) Reform the process for valuation of gemstones at the 
        mine-site, including developing an independent valuation system 
        to prevent undervaluation and tax evasion.
            (6) Require companies bidding for jade and ruby mining, 
        finishing, or export permits to be independently audited upon 
        the request of the Government of Burma and making the results 
        of all such audits public.
            (7) Establish credible and transparent procedures for 
        permit allocations that are independent from external 
        influence, including scrutiny of applicants that prevents 
        unscrupulous entities from gaining access to concessions or the 
        right to trade in minerals or gemstones.
            (8) Establish effective oversight of state-owned 
        enterprises operating in such sector, including through 
        parliamentary oversight or requirements for independent 
        financial auditing.

   TITLE IV--ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES AND STRATEGY FOR 
                            ECONOMIC GROWTH

SEC. 401. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, 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 that--
            (1) summarizes credible reports of serious human rights 
        violations, including war crimes, committed against the 
        Rohingya or other ethnic minorities in Burma between 2012 and 
        the date of the submission of the report;
            (2) describes any potential transitional justice mechanisms 
        in Burma;
            (3) provides an analysis of whether the serious human 
        rights violations summarized pursuant to paragraph (1) amount 
        to war crimes, crimes against humanity, or genocide; and
            (4) includes a determination of the Secretary whether--
                    (A) the events that took place in the state of 
                Rakhine in Burma, starting on August 25, 2017, 
                constitute war crimes, crimes against humanity, or 
                genocide; or
                    (B) the situation faced by the Rohingya in Rakhine 
                State, between 2012 and the date of the submission of 
                the report, amounts to or has amounted to the crime of 
                apartheid.
    (b) Elements.--The report required by subsection (a) shall also 
include each of the following:
            (1) A description of--
                    (A) each incident for which there is credible 
                evidence that the incident may constitute war crimes, 
                crimes against humanity, or genocide committed by the 
                Burmese military or security forces against the 
                Rohingya and other ethnic minorities, including the 
                identities of any other actors involved in such 
                incident;
                    (B) the role of the civilian government in the 
                commission of any such incidents;
                    (C) each incident for which there is credible 
                evidence that the incident may constitute war crime, 
                crimes against humanity, or genocide committed by 
                violent extremist groups in Burma;
                    (D) each attack on health workers, health 
                facilities, health transport, or patients and, to the 
                extent possible, the identities of any individuals who 
                engaged in or organized such incidents in Burma; and
                    (E) to the extent possible, a description of the 
                conventional and unconventional weapons used for any 
                such crimes and the sources of such weapons.
            (2) A description and assessment, in consultation with the 
        Administrator of the United States Agency for International 
        Development, the Attorney General, and other heads of any other 
        appropriate Federal departments or agencies, of the 
        effectiveness of any programs that the United States has 
        already undertaken to ensure accountability for war crimes, 
        crimes against humanity, and genocide perpetrated against the 
        Rohingya by the military and security forces of Burma, the 
        Rakhine State government, pro-government militias, and all 
        other armed groups operating fighting in Rakhine, including 
        programs to--
                    (A) train civilian investigators within and outside 
                of Burma and Bangladesh on how to document, 
                investigate, develop findings of, identify, and locate 
                alleged perpetrators of war crimes, crimes against 
                humanity, or genocide in Burma;
                    (B) promote and prepare for a transitional justice 
                process or processes for the perpetrators of war 
                crimes, crimes against humanity, and genocide occurring 
                in the State of Rakhine in 2017; and
                    (C) document, collect, preserve, and protect 
                evidence of war crimes, crimes against humanity, and 
                genocide in Burma, including by providing support for 
                Burmese, Bangladeshi, foreign, and international 
                nongovernmental organizations, the United Nations Human 
                Rights Council's investigative team, and other entities 
                engaged in such investigative activities.
            (3) A detailed study of the feasibility and desirability of 
        potential transitional justice mechanisms for Burma, such as an 
        international tribunal, a hybrid tribunal, or other 
        international options, that includes--
                    (A) a discussion of the use of universal 
                jurisdiction or of legal cases brought against the 
                country of Burma by other sovereign countries at the 
                International Court of Justice to address war crimes, 
                crimes against humanity, and genocide perpetrated in 
                Burma;
                    (B) recommendations on which transitional justice 
                mechanisms the United States should support, why such 
                mechanisms should be supported, and what type of 
                support should be offered; and
                    (C) close consultation regarding transitional 
                justice mechanisms with Rohingya representatives and 
                those of other ethnic minorities who have suffered 
                grave human rights abuses.
    (c) Protection of Witnesses and Evidence.--The Secretary of State 
shall ensure that the identification of witnesses and physical evidence 
for purposes of the report required by subsection (a) are not publicly 
disclosed in a manner that might place such persons at risk of harm or 
encourage the destruction of such evidence by the military or 
Government of Burma.
    (d) Crime of Apartheid.--In this section, the term ``crime of 
apartheid'' means inhumane acts that--
            (1) are of a character similar to the acts referred to in 
        subparagraphs (A) through (H) of section 2(2);
            (2) are committed in the context of an institutionalized 
        regime of systematic oppression and domination by one racial 
        group over any other racial group; and
            (3) are committed with the intention of maintaining such 
        regime.

SEC. 402. AUTHORIZATION TO PROVIDE TECHNICAL ASSISTANCE FOR EFFORTS 
              AGAINST HUMAN RIGHTS ABUSES.

    (a) In General.--The Secretary of State is authorized to provide 
assistance to support appropriate civilian or international entities 
that are undertaking the efforts described in subsection (b) with 
respect to war crimes, crimes against humanity, and genocide 
perpetrated by the military and security forces of Burma, the Rakhine 
State government, pro-government militias, or any other armed groups 
fighting in Rakhine State.
    (b) Efforts Against Human Rights Abuses.--The efforts described in 
this subsection are the following:
            (1) Identifying suspected perpetrators of war crimes, 
        crimes against humanity, and genocide.
            (2) Collecting, documenting, and protecting evidence of 
        such crimes and preserve the chain of custody for such 
        evidence.
            (3) Conducting criminal investigations.
            (4) Supporting investigations conducted by other countries, 
        as appropriate.
    (c) Authorization for Transitional Justice Mechanisms.--The 
Secretary of State, taking into account any relevant findings in the 
report required by section 401(a), is authorized to provide support for 
the creation and operation of transitional justice mechanisms, 
including a potential hybrid tribunal, to prosecute individuals 
suspected of committing war crimes, crimes against humanity, or 
genocide in Burma.

SEC. 403. STRATEGY FOR PROMOTING ECONOMIC DEVELOPMENT IN BURMA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, the Secretary of the 
Treasury, and the Administrator of the United States Agency for 
International Development shall jointly submit to the appropriate 
congressional committees a strategy to support sustainable, inclusive 
and broad-based economic development in Burma, in accordance with the 
priorities of disadvantaged communities in Burma and in consultation 
with relevant civil society and local stakeholders, to improve economic 
conditions and government transparency.
    (b) Elements.--The strategy required by subsection (a) to promote 
sustainable, inclusive and broad-based economic development shall 
include a plan with each of the following elements:
            (1) Measures to diversify control over and access to 
        participation in key industries and sectors, including efforts 
        to remove barriers and increase competition, access, and 
        opportunity in sectors dominated by officials of the Burmese 
        military, former military officials, and their families, and 
        businesspeople connected to the military of Burma, with the 
        goal of eliminating the role of the military in the economy of 
        Burma.
            (2) Measures to increase transparency disclosure 
        requirements in key sectors of the economy of Burma, to promote 
        responsible investment, including through--
                    (A) efforts to provide technical support to develop 
                and implement policy reforms related to public 
                disclosure of the beneficial owners of entities in key 
                sectors identified by the Government of Burma, 
                specifically by--
                            (i) working with the Government of Burma to 
                        require the disclosure of the ultimate 
                        beneficial ownership of entities in the mining 
                        industry and the publication of project 
                        revenues, payments, and contract terms relating 
                        to that industry; and
                            (ii) ensuring that reforms complement the 
                        disclosures required to be put in place in 
                        Burma as a result of its participation in the 
                        Extractives Industry Transparency Initiative; 
                        and
                    (B) efforts to 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.
            (3) Measures to create an enabling environment for economic 
        growth and opportunity for all ethnic groups residing in Burma, 
        including through addressing issues related to land tenure.
            (4) An identification of needs and opportunities to provide 
        technical assistance to key ministries, institutions, and 
        organizations to enact economic reforms, including revisions to 
        existing policies on public disclosure of beneficial ownership 
        of companies in key sectors that will allow for identification 
        of those seeking or securing access to Burma's most valuable 
        natural resources.
    (c) Consultation Required.--In developing the strategy required by 
subsection (a), the Secretary of State shall consult with appropriate 
officials of the Government of Burma, ethnic groups and civil society 
leaders in Burma.
    (d) Report on Implementation.--Not later than 180 days after the 
date of the submission of the strategy required by subsection (a), the 
Secretary of State, the Secretary of the Treasury, and the 
Administrator of the United States Agency for International Development 
shall jointly submit to the appropriate congressional committees a 
report in unclassified form, that may contain a classified annex, that 
describes--
            (1) the extent to which United States assistance and the 
        efforts of the Government of Burma have promoted inclusive and 
        enduring economic development in accordance with such strategy; 
        and
            (2) the efforts undertaken, progress achieved, and any next 
        steps planned by either the United States or the Government of 
        Burma with respect to--
                    (A) the elements in section 401(b);
                    (B) the promotion of accountability and 
                transparency, including through the collection, 
                verification, and publication of beneficial ownership 
                information related to extractive industries; and
                    (C) the promotion of best practices regarding--
                            (i) environmental conservation, management, 
                        and planning;
                            (ii) social impact assessments, including 
                        social and cultural protection and free, prior, 
                        and informed consent and meaningful 
                        participation of local populations, 
                        particularly minority ethnic nationalities; and
                            (iii) avoidance of displacement of local 
                        populations without meaningful consultation and 
                        consent, harm mitigation, and compensation.

              TITLE V--DETERMINATION OF BUDGETARY EFFECTS

SEC. 501. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Committee on the Budget of the House of 
Representatives, provided that such statement has been submitted prior 
to the vote on passage.

            Passed the House of Representatives September 24, 2019.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 3190

_______________________________________________________________________

                                 AN ACT

To authorize humanitarian assistance and impose sanctions with respect 
        to human rights abuses in Burma, and for other purposes.