[Congressional Record Volume 165, Number 154 (Tuesday, September 24, 2019)]
[House]
[Pages H7878-H7885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   BURMA UNIFIED THROUGH RIGOROUS MILITARY ACCOUNTABILITY ACT OF 2019

  Mr. LEVIN of Michigan. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3190) to authorize humanitarian assistance and 
impose sanctions with respect to human rights abuses in Burma, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3190

       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;

[[Page H7879]]

       (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 six 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

[[Page H7880]]

     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

[[Page H7881]]

     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'');

[[Page H7882]]

       (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

[[Page H7883]]

     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.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Levin) and the gentleman from Texas (Mr. McCaul) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. LEVIN of Michigan. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include in the Record extraneous materials on H.R. 3190.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.

                              {time}  1530

  Mr. LEVIN of Michigan. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would first like to thank Chairman Engel and Mr. 
Chabot for authoring this legislation.
  Since August 2017, we have seen some of the most horrific ethnic 
violence in the world at the hands of the Burmese military in Burma's 
Rakhine State. The world has been shocked by the brutality of war 
crimes and crimes against humanity committed by Burmese military and 
security forces.
  Thousands of Rohingya civilians have been killed. Many hundreds of 
thousands more have been forced to flee their homes and livelihoods. 
The U.N. and independent investigators have documented terrible sexual 
violence against women and girls.
  Despite all this bloodshed, there has been no meaningful 
accountability for those responsible.
  Let's be clear: The military that carried out genocide against the 
Rohingya is the same military that has oppressed and abused minority 
groups in Burma for decades. It is the same military that carries out 
abuse against Burmese citizens to this day. This institution is rotten 
to the core, and it is time for change.
  This bill would impose financial, trade, and visa sanctions on those 
responsible for these crimes, including the commander in chief and 
those who have failed to investigate and prosecute these abuses. It 
authorizes $220 million for humanitarian assistance to affected 
communities, including communities in Bangladesh. It pushes economic 
reforms designed to get the military out of the mining industry in 
Burma.
  This legislation passed the House before with an overwhelming vote of 
support. I urge my colleagues to join me today in doing the same, once 
again.
  Mr. Speaker, I reserve the balance of my time.
                                         House of Representatives,


                                 Committee on Foreign Affairs,

                               Washington, DC, September 20, 2019.
     Hon. Maxine Waters,
     Chairwoman, Committee on Financial Services,
     House of Representatives, Washington, DC.
       Dear Chairwoman Waters: I am writing to you concerning H.R. 
     3190, the Burma Unified through Rigorous Military 
     Accountability (BURMA) Act of 2019. I appreciate your 
     willingness to work cooperatively on this legislation.
       I acknowledge that provisions of the bill fall within the 
     jurisdiction of the Committee on Financial Services under 
     House Rule X, and that your Committee will forgo action on 
     H.R. 3190 to expedite floor consideration. I further 
     acknowledge that the inaction of your Committee with respect 
     to the bill does not waive any future jurisdictional claim 
     over the matters contained in the bill that fall within your 
     jurisdiction. I also acknowledge that your Committee will be 
     appropriately consulted and involved as this or

[[Page H7884]]

     similar legislation moves forward and will support the 
     appointment of Committee on Financial Services conferees 
     during any House-Senate conference convened on this 
     legislation.
       Lastly, I will ensure that our exchange of letters is 
     included in the Congressional Record during floor 
     consideration of the bill. Thank you again for your 
     cooperation regarding the legislation. I look forward to 
     continuing to work with you as the measure moves through the 
     legislative process.
           Sincerely,
                                                   Eliot L. Engel,
     Chairman.
                                  ____

                                         House of Representatives,


                              Committee on Financial Services,

                               Washington, DC, September 23, 2019.
     Hon. Eliot Engel,
     Chairman, Committee on Foreign Affairs, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing concerning H.R. 3190, the 
     Burma Unified through Rigorous Military Accountability 
     (BURMA) Act of 2019. In order to permit the H.R. 3190 to 
     proceed expeditiously to the House Floor, I agree to forgo 
     formal consideration of the bill.
       The Committee on Financial Services takes this action to 
     forego formal consideration of H.R. 3190 with our mutual 
     understanding that, by foregoing formal consideration of H.R. 
     3190 at this time, we do not waive any jurisdiction over the 
     subject matter contained in this or similar legislation, and 
     that our Committee will be appropriately consulted and 
     involved as this or similar legislation moves forward. Our 
     Committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation and request 
     your support for any such request.
       Finally, I would appreciate your response to this letter 
     confirming this understanding, and I would ask that a copy of 
     our exchange of letters on this matter be included in the 
     Congressional Record during Floor consideration of H.R. 3190.
           Sincerely,
                                                    Maxine Waters,
     Chairwoman.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                               Washington, DC, September 20, 2019.
     Hon. Eliot L. Engel,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Chairman Engel: In recognition of the desire to 
     expedite consideration of H.R. 3190, Burma Unified through 
     Rigorous Military Accountability Act of 2019, the Committee 
     on Ways and Means agrees to waive formal consideration of the 
     bill as to provisions that fall within the rule X 
     jurisdiction of the Committee on Ways and Means.
       The Committee on Ways and Means takes this action with the 
     mutual understanding that we do not waive any jurisdiction 
     over the subject matter contained in this or similar 
     legislation, and the Committee will be appropriately 
     consulted and involved as the bill or similar legislation 
     moves forward so that we may address any remaining issues 
     within our jurisdiction. The Committee also reserves the 
     right to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this or 
     similar legislation.
       Finally, I would appreciate your response to this letter 
     confirming this understanding and would ask that a copy of 
     our exchange of letter on this matter be included in the 
     Congressional Record during floor consideration of H.R. 3190.
           Sincerely,
                                                  Richard E. Neal,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                               Washington, DC, September 24, 2019.
     Hon. Richard E. Neal,
     Chairman, Committee on Ways and Means, House of 
         Representatives, Washington, DC.
       Dear Chairman Neal: I am writing to you concerning H.R. 
     3190, the Burma Unified through Rigorous Military 
     Accountability (BURMA) Act of 2019. I appreciate your 
     willingness to work cooperatively on this legislation.
       I acknowledge that provisions of the bill fall within the 
     jurisdiction of the Committee on Ways and Means under House 
     Rule X, and that your Committee will forgo action on H.R. 
     3190 to expedite floor consideration. I further acknowledge 
     that the inaction of your Committee with respect to the bill 
     does not waive any future jurisdictional claim over the 
     matters contained in the bill that fall within your 
     jurisdiction. I will also support the appointment of 
     Committee on Ways and Means conferees during any House-Senate 
     conference convened on this legislation.
       Lastly, I will ensure that our exchange of letters is 
     included in the Congressional Record during floor 
     consideration of the bill. Thank you again for your 
     cooperation regarding the legislation. I look forward to 
     continuing to work with you as the measure moves through the 
     legislative process.
           Sincerely,
                                                   Eliot L. Engel,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                               Washington, DC, September 12, 2019.
     Hon. Eliot L. Engel,
     Chairman, Committee on Foreign Affairs, House of 
         Representatives, Washington, DC.
       Dear Chairman Engel: This is to advise you that the 
     Committee on the Judiciary has now had an opportunity to 
     review the provisions in H.R. 3190, the ``Burma Unified 
     through Rigorous Military Accountability Act of 2019,'' that 
     fall within our Rule X jurisdiction. I appreciate your 
     consulting with us on those provisions. The Judiciary 
     Committee has no objection to your including them in the bill 
     for consideration on the House floor, and to expedite that 
     consideration is willing to forgo action on H.R. 3190, with 
     the understanding that we do not thereby waive any future 
     jurisdictional claim over those provisions or their subject 
     matters.
       In the event a House-Senate conference on this or similar 
     legislation is convened, the Judiciary Committee reserves the 
     right to request an appropriate number of conferees to 
     address any concerns with these or similar provisions that 
     may arise in conference.
       Please place this letter into the Congressional Record 
     during consideration of the measure on the House floor. Thank 
     you for the cooperative spirit in which you have worked 
     regarding this matter and others between our committees.
           Sincerely,
                                                   Jerrold Nadler,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                               Washington, DC, September 19, 2019.
     Hon. Jerrold Nadler,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Chairman Nadler: I am writing to you concerning H.R. 
     3190, the Burma Unified through Rigorous Military 
     Accountability (BURMA) Act of 2019. I appreciate your 
     willingness to work cooperatively on this legislation.
       I acknowledge that provisions of the bill fall within the 
     jurisdiction of the Committee on the Judiciary under House 
     Rule X, and that your Committee will forgo action on H.R. 
     3190 to expedite floor consideration. I further acknowledge 
     that the inaction of your Committee with respect to the bill 
     does not waive any future jurisdictional claim over the 
     matters contained in the bill that fall within your 
     jurisdiction. I will also support the appointment of 
     Committee on the Judiciary conferees during any House-Senate 
     conference convened on this legislation.
       Lastly, I will ensure that our exchange of letters is 
     included in the Congressional Record during floor 
     consideration of the bill. Thank you again for your 
     cooperation regarding the legislation. I look forward to 
     continuing to work with you as the measure moves through the 
     legislative process.
           Sincerely,
                                                   Eliot L. Engel,
                                                         Chairman.

  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of Chairman Engel's BURMA 
Act of 2019. The Foreign Affairs Committee unanimously adopted this 
bill, reflecting a bipartisan consensus that the Burmese military's 
atrocities against the Rohingya people must not go unanswered.
  The committee has a decades-long history of holding Burmese forces 
accountable for their crimes. This is important, now more than ever 
after their so-called clearance operations against the Rohingya in 
August 2017.
  The world watched in horror as Burmese troops razed villages to the 
ground, killed indiscriminately, committed unspeakable acts against 
women and children, and laid landmines in the path of refugees as they 
fled into neighboring Bangladesh.
  Today, over 1 million Rohingya remain in Bangladesh, living in 
desperate conditions, unable to return to their home safely.
  The scale and scope of this crisis unites this whole House. Last 
December, this body adopted Congressman Chabot's resolution, H. Res. 
1091, declaring that the Burmese military is guilty of genocide.
  Chairman Engel's BURMA Act of 2019 will selectively revive the 
sanctions regime against the Burmese military, which was recklessly 
scrapped during the last administration. This step is long overdue, and 
I urge my colleagues to join me in supporting this bipartisan effort.
  Mr. Speaker, in closing, I thank Chairman Engel for introducing the 
BURMA Act of 2019 in this Congress.
  The Burmese military is responsible for genocide, yet they continue 
to wield constitutional power over Burma's government and significant 
influence over Burma's economy.
  This bill is a long-overdue response to that injustice and will 
reimpose costs on the toxic influence of the Burmese military.
  Again, I urge my colleagues to support this bill.

[[Page H7885]]

  Mr. Speaker, I yield back the balance of my time.
  Mr. LEVIN of Michigan. Mr. Speaker, I yield myself such time as I may 
consume for the purpose of closing.
  Mr. Speaker, it has been 2 years since the massacres in Rakhine 
State, and the suffering continues across the border in Bangladesh.
  The House has passed this legislation before with an overwhelming and 
bipartisan vote, sending a strong message to perpetrators and victims 
alike. I urge my colleagues to join me today in doing the same once 
again.
  This legislation is a necessary response to one of the most pressing 
human rights and humanitarian concerns in the entire world today. I am 
glad the House is considering it. I salute the gentleman from New York 
(Mr. Engel), my chairman, and I encourage all Members to vote for its 
passage.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Levin) that the House suspend the rules 
and pass the bill, H.R. 3190, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. LEVIN of Michigan. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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