[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Page S7737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4238. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 1253. LIMITATION ON SECURITY ASSISTANCE AND MILITARY AND 
                   SECURITY COOPERATION WITH BURMA.

       (a) In General.--No agency or instrumentality of the United 
     States may supply any security assistance, grant permission 
     to retransfer defense articles originating in the United 
     States to, or engage in any military-to-military programs 
     with the armed forces or security forces of the Republic of 
     the Union of Myanmar (referred to in this section as 
     ``Burma''), including through training, observation, or 
     participation in regional exercises, until the date on which 
     the Secretary of Defense, in consultation with the Secretary 
     of State, certifies to the Committee on Armed Services of the 
     Senate, Committee on Foreign Relations of the Senate, the 
     Committee on Armed Services of the House of Representatives, 
     and the Committee on Foreign Affairs of the House of 
     Representatives that--
       (1) the armed forces of Burma (referred to in this section 
     as the ``Tatmadaw'') have returned control of the Government 
     of Burma to duly elected leadership;
       (2) the Government of Burma is clearly on the path to 
     civilian control over its security forces, including--
       (A) instituting constitutional reforms to relinquish 
     military participation in Government decision making;
       (B) abiding by international human rights standards; and
       (C) undertaking meaningful and significant security sector 
     reform, including transparency and accountability, to prevent 
     future abuses; and
       (3) each of the criteria described in subsection (b) have 
     been met.
       (b) Criteria.--The criteria described in this subsection 
     are--
       (1) adherence by the Tatmadaw to international humanitarian 
     law and international human rights law, including a pledge to 
     stop future human rights abuses;
       (2) support by the Tatmadaw for efforts to carry out 
     meaningful and comprehensive investigations of alleged 
     abuses, including--
       (A) taking steps to hold accountable those members of the 
     Tatmadaw who are responsible for human rights violations; and
       (B) advancing justice for survivors, including through 
     cooperating with the Independent International Fact-Finding 
     Mission on Myanmar, established by the United Nations Human 
     Rights Council in March 2017;
       (3) the Government of Burma, including the Tatmadaw--
       (A) allowing immediate and unfettered humanitarian access 
     to communities in areas affected by conflict, including 
     Rohingya communities in Rakhine State;
       (B) cooperating with the United Nations High Commissioner 
     for Refugees and organizations affiliated with the United 
     Nations to ensure--
       (i) the protection of displaced persons; and
       (ii) the safe and voluntary return of refugees and 
     internally displaced persons; and
       (C) extending recognition of human rights to all the people 
     of Rakhine State, including the Rohingya;
       (4) the cessation of Tatmadaw attacks on ethnic minority 
     groups and the constructive participation of the Tatmadaw in 
     the conclusion of a credible, nationwide cease-fire 
     agreement, political accommodation, and constitutional 
     change; and
       (5) the release of all political prisoners in Burma.
       (c) Report.--Not later than 30 days after the certification 
     under subsection (a), the Secretary of State, in coordination 
     with the Secretary of Defense, shall submit a report to the 
     congressional committees referred to in subsection (a) that 
     includes--
       (1) a description and assessment of the Government of 
     Burma's strategy for security sector reform, if applicable, 
     including governance and constitutional reforms to ensure 
     civilian control;
       (2) a description and assessment of the Government of 
     Burma's strategy and plans--
       (A) to end the involvement of the Tatmadaw in the illicit 
     trade in jade and other natural resources; and
       (B) to implement reforms to end corruption and illicit drug 
     trafficking;
       (3) a list of past military activities conducted by the 
     United States Government with the Government of Burma;
       (4) a description of the United States strategy for any 
     future military-military engagements between the United 
     States Armed Forces and the Tatmadaw, the Burma Police Force, 
     and armed ethnic groups;
       (5) an assessment of the progress of the Tatmadaw towards 
     developing a framework to implement human right reforms, 
     including steps taken by the Tatmadaw to demonstrate respect 
     for and implementation of international humanitarian law and 
     international human rights law;
       (6) an assessment of how any future engagement with the 
     Government of Burma will effectively further the protection 
     of human rights, including--
       (A) cooperation with civilian authorities to investigate 
     and prosecute cases of serious, credible, or gross human 
     rights violations; and
       (B) the elements of the military-to-military engagement 
     between the United States and Burma that promote the 
     implementation of human rights reforms;
       (7) an assessment of the progress on the peaceful 
     settlement of armed conflicts between the Government of Burma 
     and ethnic minority groups, including actions taken by the 
     Tatmadaw to adhere to cease-fire agreements and withdraw 
     forces from conflict zones;
       (8) an assessment of the Tatmadaw's recruitment and use of 
     children as soldiers; and
       (9) an assessment of the Tatmadaw's use of violence against 
     women, sexual violence, or other gender-based violence as a 
     tool of terror, war, or ethnic cleansing.
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