[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[Senate]
[Pages S3439-S3443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 378. Mr. CARDIN (for himself, Mr. Young, and Mr. Durbin) submitted
an amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Promotion of Democracy and Human Rights in Burma
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Burma Human Rights and
Freedom Act of 2019''.
SEC. 1292. DEFINITIONS.
In this subtitle:
(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. 1293. 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. 1294. 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;
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(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. 1295. 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. 1296. 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. 1297. 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 subtitle 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.
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(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. 1298. 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. 1299. 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
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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 1299; 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. 1299A. 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. 1299B. 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. 1299C. 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 1299B(b)(3), is authorized to
provide assistance to support the creation and operation of
transitional justice mechanisms for Burma.
[[Page S3443]]
SEC. 1299D. 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. 1299E. 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 1299(b); or
(B) include that person on the SDN list (as defined in
section 1299(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. 1299F. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.
Nothing in this subtitle shall be construed as an
authorization for the use of force.
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