[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;
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(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
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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.
____________________