[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1186 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1186

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2019

Mr. Cardin (for himself, Mr. Young, Mr. Durbin, Mr. Rubio, Mr. Merkley, 
   Ms. Collins, Ms. Cantwell, Mr. Murphy, Mr. Wyden, Mr. Casey, Mr. 
Markey, Mr. Kaine, Ms. Baldwin, Mr. Schatz, Mr. Coons, and Mr. Booker) 
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 2019''.

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, but 
        there remain important structural, societal, and systemic 
        impediments to the realization of a fully democratic civilian 
        government.
            (2) On August 25, 2017, Burmese military forces initiated a 
        violent crackdown in Burma's Rakhine state, attacking police 
        posts and inciting what was, for an extended period of time, 
        the world's fastest-growing refugee crisis. Refugee flows have 
        since slowed down significantly, but continue to this day.
            (3) More than 727,000 Rohingya have fled to Bangladesh 
        since August 2017, fearing loss of livelihoods and shelter and 
        disproportionate use of force by the military of Burma. As of 
        January 2019, over 900,000 Rohingya reside in refugee camps in 
        Bangladesh.
            (4) In April 2018, the Department of State determined that 
        ethnic cleansing against the Rohingya minority in Rakhine State 
        occurred during the previous year, as documented in the annual 
        Country Report on Human Rights Practices for Burma.
            (5) On December 21, 2017, and August 17, 2018, using the 
        authority granted by the Global Magnitsky Human Rights 
        Accountability Act (subtitle F of title XII of Public Law 114-
        328), the United States Government imposed sanctions on Maung 
        Maung Soe and added Lt. General Aung Kyaw Zaw, Major General 
        Khin Hlaing, Major General Khin Maung Soe, and Brigadier 
        General Thura San Lwin, as well as the 33rd Light Infantry 
        Division and the 99th Light Infantry Division, to the Specially 
        Designated Nationals (SDN) list.
            (6) On August 24, 2018, the United Nations Independent 
        International Fact-Finding Mission on Myanmar issued a report 
        stating that ``there is sufficient information to warrant the 
        investigation and prosecution of senior officials in the 
        Tatmadaw chain of command, so that a competent court can 
        determine their liability for genocide in relation to the 
        situation in Rakhine State''.
            (7) On September 24, 2018, the Department of State released 
        a report that laid out a compelling case for crimes against 
        humanity committed by the Burmese military against Burma's 
        Rohingya population in Rakhine state, while stopping short of a 
        legal determination.
            (8) On September 28, 2018, the United Nations Human Rights 
        Council approved the establishment of ``an independent 
        mechanism to collect and analyze evidence in regard to the 
        serious international crimes committed in Myanmar against 
        Rohingya Muslims and other minorities since 2011''.
            (9) 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 
        indiscriminate attacks on civilians; rape of women and girls; 
        and arbitrary arrest and detention of Rohingya men without 
        charge.
            (10) The Government of Burma continues to block access to 
        northern Rakhine State by United Nations and other humanitarian 
        organizations, preventing hundreds of thousands of vulnerable 
        Rohingya, Rakhine, and other ethnic groups, including children 
        with acute malnutrition, from receiving humanitarian aid.
            (11) The people of Burma continue to suffer from ongoing 
        armed conflict between the military of Burma, known as the 
        Tatmadaw, the Arakan Army, and nearly 20 armed ethnic 
        organizations.
            (12) Corruption and lack of transparency allow Burma's 
        military junta to use the trade of Burma's natural resources, 
        in particular jade and rubies, to enrich notorious leaders, 
        including former dictator Than Shwe and United States-
        sanctioned drug lord Hsueh Kang Wei. Vested interests in jade 
        and rubies undermine prospects for resolving the most 
        intractable armed conflict in Burma.
            (13) Any prospects for a full democracy in Burma are 
        contingent on ending the civil wars and finding a path toward 
        national reconciliation that builds respect for the dignity of 
        Burma's ethnic and religious minorities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
            (2) Crimes against humanity.--The term ``crimes against 
        humanity'' includes, when committed as part of a widespread or 
        systematic attack directed against any civilian population, 
        with knowledge of the attack--
                    (A) murder;
                    (B) deportation or forcible transfer of population;
                    (C) torture;
                    (D) rape, sexual slavery, or any other form of 
                sexual violence of comparable severity;
                    (E) persecution against any identifiable group or 
                collectivity on political, racial, national, ethnic, 
                cultural, religious, gender or other grounds that are 
                universally recognized as impermissible under 
                international law; and
                    (F) 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--
                    (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) independent and international investigations 
                into credible reports of war crimes, crimes against 
                humanity, including 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 war 
                crimes, crimes against humanity, including 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 crises, including by supporting the return 
                of the displaced Rohingya to their homes and granting 
                or restoring full citizenship for the Rohingya 
                population; and
                    (L) promoting broad-based, inclusive economic 
                development and fostering healthy and resilient 
                communities.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN ASSISTANCE AND 
              RECONCILIATION.

    There is authorized to be appropriated not less than $220,500,000 
for fiscal year 2020 for humanitarian assistance and reconciliation 
activities for ethnic groups and civil society organizations in Burma, 
Bangladesh, Thailand, and the region. The assistance may include--
            (1) assistance for the victims of the Burmese military's 
        crimes against humanity targeting Rohingya and other ethnic 
        minorities in Rakhine State, Kachin, and Shan States, including 
        those displaced in Burma, Bangladesh, Thailand, and the region;
            (2) support for voluntary resettlement or repatriation in 
        Burma, pending a genuine repatriation agreement that is 
        developed and negotiated with Rohingya involvement and 
        consultation;
            (3) assistance to promote ethnic and religious tolerance, 
        to combat gender-based violence, and to support victims of 
        violence and destruction in Rakhine, Kachin, and Shan States, 
        including victims of gender-based violence and unaccompanied 
        minors;
            (4) support for formal education for children currently 
        living in the camps, and opportunities to access higher 
        education in Bangladesh;
            (5) support for programs to investigate and document 
        allegations of war crimes and crimes against humanity, 
        including sexual and gender-based violence and genocide 
        committed in Burma;
            (6) assistance to ethnic groups and civil society in Burma 
        to help sustain ceasefire agreements and further prospects for 
        reconciliation and sustainable peace; and
            (7) promotion of ethnic minority inclusion and 
        participation in Burma's political processes.

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, sustainable, and voluntary 
        return of all those displaced from their homes, especially from 
        Rakhine State, without an unduly high burden of proof, and the 
        opportunity to obtain appropriate compensation to restart their 
        lives in Burma;
            (2) ensure that those returning are granted or restored 
        full citizenship and all the rights that adhere to citizenship 
        in Burma;
            (3) offer to those who do not want to return meaningful 
        opportunity to obtain appropriate compensation or restitution;
            (4) not place returning Rohingya in internally displaced 
        persons camps or ``model villages'', but instead make efforts 
        to reconstruct Rohingya villages as and where they were;
            (5) facilitate the return of any funds collected by the 
        Government by harvesting the land previously owned and tended 
        by Rohingya farmers for them upon their return;
            (6) fully implement all of the recommendations of the 
        Advisory Commission on Rakhine State; and
            (7) ensure there is proper consultation, buy-in, and 
        confidence building from the Rohingya refugee community on 
        decisions being made on their behalf.
    (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, including Rohingya persons 
        living in camps in Bangladesh and in internally displaced 
        persons camps in Burma, have freedom of movement, including 
        outside of the camps, and under no circumstance are subject to 
        unsafe, involuntary, or uninformed repatriation;
            (2) to ensure the dignified, safe, sustainable, 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; and
            (3) to ensure 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.

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 institutes meaningful internal reforms to stop 
        future human rights violations.
            (2) The military supports efforts to carry out meaningful 
        and comprehensive independent and international investigations 
        of credible reports of abuses and is holding accountable those 
        in the Burmese military responsible for human rights 
        violations.
            (3) The military supports efforts to carry out meaningful 
        and comprehensive independent and international investigations 
        of reports of conflict-related sexual and gender-based violence 
        and is holding 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 and other 
        minority communities in Rakhine, Kachin, and Shan States, 
        specifically to the United Nations High Commissioner for 
        Refugees and other relevant United Nations agencies.
            (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 and other minority 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--
                            (i) security sector reform, including as it 
                        relates to an end to involvement in the illicit 
                        trade in jade, rubies, and other natural 
                        resources;
                            (ii) reforms to end corruption and illicit 
                        drug trafficking; and
                            (iii) 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 military 
                recruitment and use of children as soldiers.
                    (F) An assessment of the Burmese military's use of 
                violence against women, sexual violence, or other 
                gender-based violence as a tool of terror, war, or 
                crimes against humanity.
    (f) Civilian Channels.--Any program initiated under this section 
shall use appropriate civilian government channels with the 
democratically elected Government of Burma.
    (g) Regular Consultations.--Any new program or activity in Burma 
initiated under this section shall be subject to prior consultation 
with the appropriate congressional committees.

SEC. 9. TRADE RESTRICTIONS.

    (a) Reinstatement of Import Restrictions on Jadeite and Rubies From 
Burma.--
            (1) In general.--Section 3A of the Burmese Freedom and 
        Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) 
        is amended by adding at the end the following:
    ``(i) Termination.--Notwithstanding section 9, this section shall 
remain in effect until the President determines and certifies to the 
appropriate congressional committees that the Government of Burma has 
taken measures to reform the gemstone industry in Burma, including 
measures to require--
            ``(1) the disclosure of the ultimate beneficial ownership 
        of entities in that industry; and
            ``(2) the publication of project revenues, payments, and 
        contract terms relating to that industry.''.
            (2) Conforming amendments.--Section 3A of the Burmese 
        Freedom and Democracy Act of 2003 is further amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking ``until 
                        such time'' and all that follows through 
                        ``2008'' and inserting ``beginning on the date 
                        that is 15 days after the date of the enactment 
                        of the Burma Human Rights and Freedom Act of 
                        2019''; and
                            (ii) in paragraph (3), by striking ``the 
                        date of the enactment of this Act'' and 
                        inserting ``the date of the enactment of the 
                        Burma Human Rights and Freedom Act of 2019''; 
                        and
                    (B) in subsection (c)(1), by striking ``until such 
                time'' and all that follows through ``2008'' and 
                inserting ``beginning on the date that is 15 days after 
                the date of the enactment of the Burma Human Rights and 
                Freedom Act of 2019''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to articles entered, or withdrawn from 
        warehouse for consumption, on or after the 15th day after the 
        date of the enactment of this Act.
    (b) Review of Eligibility for Generalized System of Preferences.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the President shall submit to the 
        committees specified in paragraph (2) a report that includes a 
        detailed review of the eligibility of Burma for preferential 
        duty treatment under the Generalized System of Preferences 
        under title V of the Trade Act of 1974 (19 U.S.C. 2461 et 
        seq.).
            (2) Committees specified.--The committees specified in this 
        paragraph are--
                    (A) the Committee on Appropriations, the Committee 
                on Finance, and the Committee on Foreign Relations of 
                the Senate; and
                    (B) the Committee on Appropriations, the Committee 
                on Foreign Affairs, and the Committee on Ways and Means 
                of the House of Representatives.

SEC. 10. VISA BAN AND ECONOMIC SANCTIONS WITH RESPECT TO MILITARY 
              OFFICIALS RESPONSIBLE FOR HUMAN RIGHTS 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--
                    (A) 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 gross violations of human rights, war 
                crimes, or crimes against humanity (including sexual or 
                gender-based violence), in Burma, including against the 
                Rohingya minority population; and
                    (B) entities owned or controlled by officials 
                described in subparagraph (A).
            (2) Inclusions.--The list required by paragraph (1) shall 
        include--
                    (A) each senior official of the military and 
                security forces of Burma--
                            (i) in charge of a unit that was 
                        operational during the so-called ``clearance 
                        operations'' that began during or after October 
                        2016; and
                            (ii) who--
                                    (I) knew, or should have known, 
                                that the official's subordinates were 
                                committing gross violations of human 
                                rights, war crimes, or crimes against 
                                humanity (including sexual or gender-
                                based violence); and
                                    (II) failed to take adequate steps 
                                to prevent such violations or crimes or 
                                punish the subordinates responsible for 
                                such violations or crimes; and
                    (B) each entity owned or controlled by an official 
                described in subparagraph (A).
            (3) Updates.--Not later than one year after the date of the 
        enactment of this Act, and not less frequently than every 180 
        days thereafter, 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 by subsection (a).
            (2) Blocking of property.--
                    (A) In general.--The Secretary of the Treasury 
                shall, pursuant to the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.), block and prohibit 
                all transactions in all property and interests in 
                property of a person included in the most recent list 
                required by 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) Inapplicability of national emergency 
                requirement.--The requirements of section 202 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701) shall not apply for purposes of this paragraph.
            (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 a foreign financial 
        institution that the President determines has, on or after the 
        date of the enactment of this Act, knowingly conducted or 
        facilitated a significant transaction or transactions on behalf 
        of a person included in the most recent list required by 
        subsection (a) or included on the SDN list pursuant to 
        subsection (c).
            (4) Rule of construction.--Nothing in this subsection may 
        be construed to apply with respect to any transaction with a 
        nongovernmental humanitarian organization in Burma.
    (c) Consideration of Inclusions in SDN List.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall--
                    (A) determine whether the individuals specified in 
                paragraph (2) should be included on the SDN list; and
                    (B) 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.
            (2) Individuals specified.--The individuals specified in 
        this paragraph are--
                    (A) the head of a 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;
                            (ii) Deputy Commander-in-Chief and Vice 
                        Senior-General Soe Win;
                            (iii) the Commander of the 33rd Light 
                        Infantry Division, Brigadier-General Aung Aung; 
                        and
                            (iv) the Commander of the 99th Light 
                        Infantry Division, Brigadier-General Than Oo; 
                        and
                    (B) any senior official of the military or security 
                forces of Burma for which the President determines 
                there are credible reports that the official--
                            (i) aided, participated in, or is otherwise 
                        implicated in gross violations of human rights, 
                        war crimes, or crimes against humanity 
                        (including sexual or gender-based violence), in 
                        Burma;
                            (ii)(I) knew, or should have known, that 
                        the official's subordinates were committing 
                        such violations or crimes; and
                            (II) failed to take adequate steps to 
                        prevent such violations or crimes or punish the 
                        subordinates responsible for such violations or 
                        crimes; or
                            (iii) took significant steps to impede the 
                        investigation or prosecution of such violations 
                        or crimes.
    (d) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section with respect to an 
individual placed on the list required by subsection (a) under 
paragraph (1)(A) of that subsection, or an entity placed on that list 
because the entity is owned or controlled by such an individual, if the 
President determines and reports to the appropriate congressional 
committees not later than 15 days before the termination of the 
sanctions that--
            (1) the individual has--
                    (A) publicly acknowledged the role of the 
                individual in committing past gross violations of human 
                rights, war crimes, or crimes against humanity 
                (including sexual or gender-based violence);
                    (B) cooperated with independent efforts to 
                investigate such violations or crimes;
                    (C) been held accountable for such violations or 
                crimes; 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 or entity from the list is in 
        the national interest of the United States.
    (e) Exceptions.--
            (1) Humanitarian assistance.--A requirement to impose 
        sanctions under this section shall not apply with respect to 
        the provision of medicine, medical equipment or supplies, food, 
        or any other form of humanitarian or human rights-related 
        assistance provided to Burma in response to a humanitarian 
        crisis.
            (2) United nations headquarters agreement.--Subsection 
        (b)(1) shall not apply to the admission of an individual to the 
        United States if such admission is necessary to comply with 
        United States obligations under the Agreement between the 
        United Nations and the United States of America regarding the 
        Headquarters of the United Nations, signed at Lake Success June 
        26, 1947, and entered into force November 21, 1947, or under 
        the Convention on Consular Relations, done at Vienna April 24, 
        1963, and entered into force March 19, 1967, or other 
        international obligations of the United States.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The authority to block and 
                prohibit all transactions in all property and interests 
                in property under this section shall not include the 
                authority to impose sanctions on the importation of 
                goods.
                    (B) Good defined.--In this paragraph, 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 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 
interest of the United States.
    (g) 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.
    (h) Report to Congress on Diplomatic Engagement.--Not later than 
180 days after the date of the enactment of this Act, and annually 
thereafter, the President shall submit to the appropriate congressional 
committees a report on diplomatic efforts to impose coordinated 
sanctions with respect to persons sanctioned under--
            (1) section 10; or
            (2) section 1263 of the Global Magnitsky Human Rights 
        Accountability Act (subtitle F of title XII of Public Law 114-
        328; 22 U.S.C. 2656 note) for activities described in 
        subsection (a) of that section in or with respect to Burma.
    (i) 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) 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.
            (3) 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.
            (4) United states person.--The term ``United States 
        person'' has the meaning given that term in section 595.315 of 
        title 31, Code of Federal Regulations (as in effect on the day 
        before the date of the enactment of this Act).

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 jointly submit to the appropriate 
congressional committees a strategy to support sustainable, inclusive, 
and broad-based economic development, in accordance with the priorities 
of disadvantaged communities in Burma and in consultation with relevant 
civil society and local stakeholders, and to improve economic 
conditions and government transparency.
    (b) Elements.--The strategy required by subsection (a) shall 
include a roadmap--
            (1) to assess and recommend 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) to increase transparency disclosure requirements in key 
        sectors of the economy of Burma to promote responsible 
        investment, including through efforts--
                    (A) 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--
                                    (I) the disclosure of the ultimate 
                                beneficial ownership of entities in the 
                                ruby industry; and
                                    (II) the publication of project 
                                revenues, payments, and contract terms 
                                relating to that industry; and
                            (ii) ensuring that reforms complement 
                        disclosures due to be put in place in Burma as 
                        a result of its participation in the 
                        Extractives Industry Transparency Initiative; 
                        and
                    (B) to identify the persons seeking or securing 
                access to the most valuable resources of Burma; and
            (3) 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.

SEC. 12. REPORT ON CRIMES AGAINST HUMANITY 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 crimes against humanity and serious human rights abuses 
committed against the Rohingya and other ethnic minorities 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 war crimes, crimes 
        against humanity, including sexual and gender-based violence, 
        and genocide perpetrated against the Rohingya and other ethnic 
        minorities in Burma, including--
                    (A) incidents that may constitute such crimes 
                committed by the Burmese military, and other actors 
                involved in the violence;
                    (B) the role of the civilian government in the 
                commission of such crimes;
                    (C) incidents that may constitute such crimes 
                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 war crimes, crimes 
        against humanity, including 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 such crimes in Burma;
                    (B) to promote and prepare for a transitional 
                justice process or processes for the perpetrators of 
                such crimes in Burma; and
                    (C) to document, collect, preserve, and protect 
                evidence of reports of such crimes 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 or ad hoc tribunal as well as other international 
        justice and accountability options. The report should be 
        produced in consultation with Rohingya representatives and 
        those of other ethnic minorities who have suffered grave human 
        rights abuses.
    (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 war crimes, crimes 
against humanity, including sexual and gender-based violence, 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 such crimes;
            (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) Reuters journalists Wa Lone and Kyaw Soe Oo should be 
        immediately released and should have access to lawyers and 
        their families; and
            (2) the Government of Burma should repeal the Official 
        Secrets Act, a colonial-era law that was used to arrest these 
        journalists, as well as other laws that are used to arrest 
        journalists and undermine press freedom around the world.

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(i)).
            (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>