[Congressional Record Volume 168, Number 61 (Wednesday, April 6, 2022)]
[House]
[Pages H4204-H4212]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BURMA UNIFIED THROUGH RIGOROUS MILITARY ACCOUNTABILITY ACT OF 2022
Mr. MEEKS. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 5497) to authorize humanitarian assistance and civil society
support, promote democracy and human rights, and impose targeted
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. 5497
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
2022'' or the ``BURMA Act of 2022''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--MATTERS RELATING TO THE CONFLICT IN BURMA
Sec. 101. Findings.
Sec. 102. Statement of policy.
TITLE II--SANCTIONS, IMPORT RESTRICTIONS, AND POLICY COORDINATION WITH
RESPECT TO BURMA
Sec. 201. Definitions.
Sec. 202. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 203. Certification requirement for removal of certain persons from
the list of specially designated nationals and blocked
persons.
Sec. 204. Sanctions and policy coordination for Burma.
Sec. 205. Support for greater United Nations action with respect to
Burma.
Sec. 206. Sunset.
TITLE III--HUMANITARIAN ASSISTANCE AND CIVIL SOCIETY SUPPORT WITH
RESPECT TO BURMA
Sec. 301. Support to civil society and independent media.
Sec. 302. Humanitarian assistance and reconciliation.
Sec. 303. Authorization of assistance for Burma political prisoners.
TITLE IV--ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES
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.
TITLE V--STATUTORY PAY-AS-YOU-GO ACT
Sec. 501. Determination of budgetary effects.
SEC. 2. DEFINITIONS.
In this Act:
(1) Burmese military.--The term ``Burmese military''--
(A) means the Armed Forces of Burma, including the army,
navy, and air force; and
(B) includes security services under the control of the
Armed Forces of Burma such as the police and border guards.
(2) Crimes against humanity.--The term ``crimes against
humanity'' includes the following, when committed as part of
a widespread or systematic attack directed against any
civilian population, with knowledge of the attack:
(A) Murder.
(B) Forced transfer of population.
(C) Torture.
(D) Extermination.
(E) Enslavement.
(F) Rape, sexual slavery, or any other form of sexual
violence of comparable severity.
(G) Enforced disappearance of persons.
(H) 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.
(I) Imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules of international
law.
(3) Executive order 14014.--The term ``Executive Order
14014'' means Executive Order 14014 (86 Fed. Reg. 9429;
relating to blocking property with respect to the situation
in Burma).
(4) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(5) 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, or employed by the international community through
international justice mechanisms, to redress past or ongoing
atrocities and to promote long-term, sustainable peace.
(6) War crime.--The term ``war crime'' has the meaning
given the term in section 2441(c) of title 18, United States
Code.
TITLE I--MATTERS RELATING TO THE CONFLICT IN BURMA
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) Since 1988, the United States policy of principled
engagement has fostered positive democratic reforms in Burma,
with elections in 2010, 2015, and 2020, helping to bring
about the partial transition to civilian rule and with the
latter 2 elections resulting in resounding electoral
victories for the National League for Democracy.
(2) That democratic transition remained incomplete, with
the military retaining significant power and independence
from civilian control following the 2015 elections, including
through control of 25 percent of parliamentary seats, a de
facto veto over constitutional reform, authority over
multiple government ministries, and the ability to operate
with impunity and no civilian oversight.
(3) Despite some improvements with respect for human rights
and fundamental freedoms beginning in 2010, and the
establishment of a quasi-civilian government following
credible elections in 2015, Burma's military leaders have,
since 2016, overseen an increase in restrictions to freedom
of expression (including for members of the press), freedom
of peaceful assembly, freedom of association, and freedom of
religion or belief.
(4) On August 25, 2017, Burmese military and security
forces launched a genocidal military campaign against
Rohingya, resulting in a mass exodus of some 750,000 Rohingya
from Burma's Rakhine State into Bangladesh, where they
remain. The military has since taken no steps to improve
conditions for Rohingya still in Rakhine State, who remain at
high risk of genocide and other atrocities, or to create
conditions conducive to the voluntary return of Rohingya
refugees and other internally displaced persons (IDPs).
(5) The Burmese military has also engaged in renewed
violence with other ethnic minority groups across the
country. The military has continued to commit atrocities in
Chin, Kachin, Kayah, and Shan. Fighting in northern Burma has
forced more than 100,000 people from their homes and into
camps for internally displaced persons. The Burmese military
continues to heavily proscribe humanitarian and media access
to conflict-affected populations across the country.
(6) With more nearly $470,000,000 in humanitarian
assistance in response to the crisis in fiscal year 2021, the
United States is the largest humanitarian donor to
populations in need as a result of conflicts in Burma. In May
2021, the United States announced nearly $155,000,000 in
additional humanitarian assistance to meet the urgent needs
of Rohingya refugees and host communities in Bangladesh and
people affected by ongoing violence in Burma's Rakhine,
Kachin, Shan, and Chin states. In September 2021, the United
States provided nearly $180,000,000 in additional critical
humanitarian assistance to the people of Burma, bringing the
total fiscal year 2021 to more than $434,000,000.
(7) 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.
(8) In its report dated September 17, 2018, the United
Nations Independent International Fact-Finding Mission on
Myanmar concluded, on reasonable grounds, that the factors
allowing inference of ``genocidal intent'' are present with
respect to the attacks against Rohingya in Rakhine State, and
acts by Burmese security forces against Rohingya in Rakhine
State and other ethnic minorities in Kachin and Shan States
amount to ``crimes against humanity'' and ``war crimes''. The
Independent International Fact-Finding Mission on Myanmar
established by the United Nations Human Rights Council
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.
(9) 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
Secretary of State to review the available evidence and make
a similar determination.
(10) In a subsequent report dated August 5, 2019, the
United Nations Independent International Fact-Finding Mission
on Myanmar found that the Burmese military's economic
interests ``enable its conduct'' and that it benefits from
and supports extractive industry businesses operating in
conflict-affected areas in northern Burma, including natural
resources, particularly oil and gas, minerals
[[Page H4205]]
and gems and argued that ``through controlling its own
business empire, the Tatmadaw can evade the accountability
and oversight that normally arise from civilian oversight of
military budgets''. The report called for the United Nations
and individual governments to place targeted sanctions on all
senior officials in the Burmese military as well as their
economic interests, especially Myanma Economic Holdings
Limited and Myanmar Economic Corporation.
(11) On February 1, 2021, the Burmese military conducted a
coup d'etat, declaring a year-long state of emergency and
detaining State Counsellor Aung San Suu Kyi, President Win
Myint, and dozens of other government officials and elected
members of parliament, thus derailing Burma's transition to
democracy and disregarding the will of the people of Burma as
expressed in the November 2020 general elections, which were
determined to be credible by international and national
observers.
(12) Following the coup, some ousted members of parliament
established the Committee Representing the Pyidaungsu
Hluttaw, which subsequently released the Federal Democracy
Charter in March 2021 and established the National Unity
Government in April 2021. In June 2021, the National Unity
Government included ethnic minorities and women among its
cabinet and released a policy paper outlining pledges to
Rohingya and calling for ``justice and reparations'' for the
community.
(13) Since the coup on February 1, 2021, the Burmese
military has--
(A) used lethal force on peaceful protestors on multiple
occasions, killing more than 1,500 people, including more
than 100 children;
(B) detained more than 10,000 peaceful protestors,
participants in the Civil Disobedience Movement, labor
leaders, government officials and elected members of
parliament, members of the media, and others, according to
the Assistance Association for Political Prisoners;
(C) issued laws and directives used to further impede
fundamental freedoms, including freedom of expression
(including for members of the press), freedom of peaceful
assembly, and freedom of association; and
(D) imposed restrictions on the internet and
telecommunications.
(14) According to the UNHCR, more than 440,000 people have
been internally displaced since the coup, while an estimated
39,000 have sought refuge in neighboring countries.
Nevertheless, the Burmese military continues to block
humanitarian assistance to populations in need. According to
the World Health Organization, the military has carried out
more than 286 attacks on health care entities since the coup
and killed at least 30 health workers. Dozens more have been
arbitrarily detained, and hundreds have warrants out for
their arrest. The military continued such attacks even as
they inhibited efforts to combat a devastating third wave of
COVID-19. The brutality of the Burmese military was on full
display on March 27, 2021, Armed Forces Day, when, after
threatening on state television to shoot protesters in the
head, security forces killed more than 150 people.
(15) The coup represents a continuation of a long pattern
of violent and anti-democratic behavior by the military that
stretches back decades, with the military having previously
taken over Burma in coups d'etat in 1962 and 1988, and having
ignored the results of the 1990 elections, and a long history
of violently repressing protest movements, including killing
and imprisoning thousands of peaceful protestors during pro-
democracy demonstrations in 1988 and 2007.
(16) On February 11, 2021, President Biden issued Executive
Order 14014 in response to the coup d'etat, authorizing
sanctions against the Burmese military, its economic
interests, and other perpetrators of the coup.
(17) Since the issuance of Executive Order 14014, President
Biden has taken several steps to impose costs on the Burmese
military and its leadership, including by designating or
otherwise imposing targeted sanctions with respect to--
(A) multiple high-ranking individuals and their family
members, including the Commander-in-Chief of the Burmese
military, Min Aung Hlaing, Burma's Chief of Police, Than
Hlaing, and the Bureau of Special Operations commander,
Lieutenant General Aung Soe, and over 35 other individuals;
(B) state-owned and military controlled companies,
including Myanma Economic Holdings Public Company, Ltd.,
Myanmar Economic Corporation, Ltd., Myanmar Economic Holdings
Ltd., Myanmar Ruby Enterprise, Myanmar Imperial Jade Co.,
Ltd., and Myanma Gems Enterprise; and
(C) other corporate entities, Burmese military units, and
Burmese military entities, including the military regime's
State Administrative Council.
(18) The United States has also implemented new
restrictions on exports and reexports to Burma pursuant to
Executive Order 14014; and
(19) On April 24, 2021, the Association of Southeast Asian
Nations (ASEAN) agreed to a five-point consensus which called
for an ``immediate cessation of violence'', ``constructive
dialogue among all parties'', the appointment of an ASEAN
special envoy, the provision of humanitarian assistance
through ASEAN's AHA Centre, and a visit by the ASEAN special
envoy to Burma. Except for the appointment of the Special
Envoy in August 2021, the other elements of the ASEAN
consensus remain unimplemented due to obstruction by the
Burmese military.
(20) On March 21, 2022, Secretary of State Antony Blinken
announced that the United States had concluded that ``members
of the Burmese military committed genocide and crimes against
humanity against Rohingya''.
SEC. 102. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support genuine democracy, peace, and national
reconciliation in Burma;
(2) to pursue a 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 individuals regardless of ethnicity
and religion;
(3) to seek the restoration to power of a civilian
government that reflects the will of the people of Burma;
(4) to support constitutional reforms that ensure civilian
governance and oversight over the military;
(5) to assist in the establishment of a fully democratic,
civilian-led, inclusive, and representative political system
that includes free, fair, credible, and democratic elections
in which all people of Burma, including all ethnic and
religious minorities, can participate in the political
process at all levels including the right to vote and to run
for elected office;
(6) to support legal reforms that ensure protection for the
civil and political rights of all individuals in Burma,
including reforms to laws that criminalize the exercise of
human rights and fundamental freedoms, and strengthening
respect for and protection of human rights, including freedom
of religion or belief;
(7) to seek the unconditional release of all prisoners of
conscience and political prisoners in Burma;
(8) to strengthen Burma's civilian governmental
institutions, including support for greater transparency and
accountability once the military is no longer in power;
(9) to empower and resource local communities, civil
society organizations, and independent media;
(10) to promote national reconciliation and the conclusion
and credible implementation of a nationwide cease-fire
agreement, followed by a peace process that is inclusive of
ethnic Rohingya, Shan, Rakhine, Kachin, Chin, Karenni, and
Karen, and other ethnic groups and leads to the development
of a political system that effectively addresses natural
resource governance, revenue-sharing, land rights, and
constitutional change enabling inclusive peace;
(11) to ensure the protection and non-refoulement of
refugees fleeing Burma to neighboring countries and
prioritize efforts to create a conducive environment and
meaningfully address long-standing structural challenges that
undermine the safety and rights of Rohingya in Rakhine State
as well as members of other ethnic and religious minorities
in Burma, including by promoting the creation of conditions
for the dignified, safe, sustainable, and voluntary return of
refugees in Bangladesh, Thailand, and in the surrounding
region when conditions allow;
(12) to support an immediate end to restrictions that
hinder the freedom of movement of members of ethnic
minorities throughout the country, including Rohingya, and an
end to any and all policies and practices designed to
forcibly segregate Rohingya, and providing humanitarian
support for all internally displaced persons in Burma;
(13) to support unfettered access for humanitarian actors,
media, and human rights mechanisms, including those
established by the United Nations Human Rights Council and
the United Nations General Assembly, to all relevant areas of
Burma, including Rakhine, Chin, Kachin, Shan, and Kayin
States, as well as Sagaing and Magway regions;
(14) to call for accountability through independent,
credible investigations and prosecutions for any potential
genocide, war crimes, and crimes against humanity, including
those involving sexual and gender-based violence and violence
against children, perpetrated against ethnic or religious
minorities, including Rohingya, by members of the military
and security forces of Burma, and other armed groups;
(15) to encourage reforms toward the military, security,
and police forces operating under civilian control and being
held accountable in civilian courts for human rights abuses,
corruption, and other abuses of power;
(16) to promote broad-based, inclusive economic development
and fostering healthy and resilient communities;
(17) to combat corruption and illegal economic activity,
including that which involves the military and its close
allies; and
(18) to promote responsible international and regional
engagement;
(19) to support and advance the strategy of calibrated
engagement, impose targeted sanctions with respect to the
Burmese military's economic interests and major sources of
income for the Burmese military, including with respect to--
(A) officials in Burma, including the Commander in Chief of
the Armed Forces of Burma, Min Aung Hlaing, and all
individuals described in paragraphs (1), (2), and (3) of
section 202(a), under the authorities provided by title II,
Executive Order 14014, and the Global Magnitsky Human Rights
Accountability
[[Page H4206]]
Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note);
(B) enterprises owned or controlled by the Burmese
military, including the Myanmar Economic Corporation, Union
of Myanmar Economic Holding, Ltd., and all other entities
described in section 202(a)(4), under the authorities
provided by title II, the Burmese Freedom and Democracy Act
of 2003 (Public Law 108-61; 50 U.S.C. 1701 note), the Tom
Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts)
Act of 2008 (Public Law 110-286; 50 U.S.C. 1701 note), other
relevant statutory authorities, and Executive Order 14014;
and
(C) state-owned economic enterprises if--
(i) there is a substantial risk of the Burmese military
accessing the accounts of such an enterprise; and
(ii) the imposition of sanctions would not cause
disproportionate harm to the people of Burma, the restoration
of a civilian government in Burma, or the national interest
of the United States; and
(20) to ensure that any sanctions imposed with respect to
entities or individuals are carefully targeted to maximize
impact on the military and security forces of Burma and its
economic interests while minimizing impact on the people of
Burma, recognizing the calls from the people of Burma for the
United States to take action against the sources of income
for the military and security forces of Burma.
TITLE II--SANCTIONS, IMPORT RESTRICTIONS, AND POLICY COORDINATION WITH
RESPECT TO BURMA
SEC. 201. DEFINITIONS.
In this subtitle:
(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. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-through
account'' have the meanings given those terms in section
5318A of title 31, United States Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury by regulation.
(5) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(6) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) Person.--The term ``person'' means an individual or
entity.
(8) Support.--The term ``support'', with respect to the
Burmese military, means to knowingly have materially
assisted, sponsored, or provided financial, material, or
technological support for, or goods or services to or in
support of the Burmese military.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
to the United States for permanent residence;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN
RIGHTS ABUSES AND PERPETRATION OF A COUP IN
BURMA.
(a) Mandatory Sanctions.--Not later than 30 days after the
enactment of this Act, the President shall impose the
sanctions described in subsection (d) with respect to any
foreign person that the President determines--
(1) knowingly operates in the defense sector of the Burmese
economy;
(2) is responsible for, complicit in, or has directly and
knowingly engaged in--
(A) actions or policies that undermine democratic processes
or institutions in Burma;
(B) actions or policies that threaten the peace, security,
or stability of Burma;
(C) actions or policies that prohibit, limit, or penalize
the exercise of freedom of expression or assembly by people
in Burma, or that limit access to print, online, or broadcast
media in Burma; or
(D) the arbitrary detention or torture of any person in
Burma or other serious human rights abuse in Burma;
(3) is a senior leader of--
(A) the Burmese military or security forces of Burma, or
any successor entity to any of such forces;
(B) the State Administration Council, the military-
appointed cabinet at the level of Deputy Minister or higher,
or a military-appointed minister of a Burmese state or
region; or
(C) an entity that has, or whose members have, engaged in
any activity described in paragraph (2);
(4) knowingly operates--
(A) any entity that is a state-owned economic enterprise
under Burmese law (other than the entity specified in
subsection (c)) that benefits the Burmese military, including
the Myanma Gems Enterprise; or
(B) any entity controlled in whole or in part by an entity
described in subparagraph (A), or a successor to such an
entity, that benefits the Burmese military;
(5) knowingly and materially violates, attempts to violate,
conspires to violate, or has caused or attempted to cause a
violation of any license, order, regulation, or prohibition
contained in or issued pursuant to Executive Order 14014 or
this Act;
(6) to be an adult family member of any person described in
any of paragraphs (1) through (5);
(7) knowingly facilitates a significant transaction or
transactions for or on behalf of a person described, or a
person that has engaged in the activity described, as the
case may be, in any of paragraphs (1) through (6);
(8) to be owned or controlled by, or to have acted for or
on behalf of, directly or indirectly, a person described, or
a person that has engaged in the activity described, as the
case may be, in any of paragraphs (1) through (6); or
(9) to have knowingly and materially assisted, sponsored,
or provided financial, material, or technological support for
a person described, or a person that has engaged in the
activity described, as the case may be, in any of paragraphs
(1) through (6).
(b) Additional Measure Relating to Facilitation of
Transactions.--The Secretary of the Treasury shall, in
consultation with the Secretary of State, prohibit or impose
strict conditions on the opening or maintaining in the United
States of a correspondent account or payable-through account
by a foreign financial institution that the President
determines has, on or after the date of the enactment of this
Act, knowingly conducted or facilitated a significant
transaction or transactions on behalf of a foreign person
described in subsection (a).
(c) Discretionary Sanctions.--Beginning on the date that is
60 days after the date of the enactment of this Act, the
President may impose the sanctions described in subsection
(d) with respect to the Myanma Oil and Gas Enterprise if
imposing such sanctions would--
(1) reduce the ability of the Burmese military to engage in
the activities described in subparagraphs (A) through (D) of
subsection (a)(2);
(2) bring benefits to the people of Burma that exceed the
potential negative impacts of the sanctions on the
humanitarian and economic outlook of the people of Burma; and
(3) be in the national interest of the United States.
(d) Sanctions Described.--The sanctions that may be imposed
with respect to a foreign person described in subsection (a)
or (c) are the following:
(1) Property blocking.--Notwithstanding the requirements of
section 202 of the International Emergency Economic Powers
Act (50 U.S.C. 1701), the President may exercise of all
powers granted to the President by that Act to the extent
necessary to block and prohibit all transactions in all
property and interests in property of the foreign person 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.
(2) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(3) Visas, admission, or parole.--
(A) In general.--An alien who the Secretary of State or the
Secretary of Homeland Security (or a designee of one of such
Secretaries) knows, or has reason to believe, is described in
subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible for 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.).
(B) Current visas revoked.--
(i) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or
a designee of one of such Secretaries) shall, in accordance
with section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), revoke any visa or other entry documentation
issued to an alien described in clause (i) regardless of when
the visa or other entry documentation is issued.
(ii) Effect of revocation.--A revocation under subclause
(i)--
(I) shall take effect immediately; and
(II) shall automatically cancel any other valid visa or
entry documentation that is in the alien's possession.
(e) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with international obligations.--
Sanctions under subsection (d)(3) shall not apply with
respect to the admission of 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
[[Page H4207]]
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.
(3) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements to impose
sanctions under this section shall not include the authority
or requirement to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or man-made substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(4) Exception relating to the provision of humanitarian
assistance.--Sanctions under this section may not be imposed
with respect to transactions or the facilitation of
transactions for--
(A) the sale of agricultural commodities, food, medicine,
or medical devices to Burma;
(B) the provision of humanitarian assistance to the people
of Burma;
(C) financial transactions relating to humanitarian
assistance or for humanitarian purposes in Burma; or
(D) transporting goods or services that are necessary to
carry out operations relating to humanitarian assistance or
humanitarian purposes in Burma.
(f) Waiver.--
(1) In general.--The President may, on a case-by-case basis
and for periods not to exceed 180 days each, waive the
application of sanctions or restrictions imposed with respect
to a foreign person under this section if the President
certifies to the appropriate congressional committees not
later than 15 days before such waiver is to take effect that
the waiver is vital to the national security interests of the
United States.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this subtitle.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations promulgated under section
403(b) to carry out paragraph (1)(A) to the same extent that
such penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(h) Report.--Not later than 60 days after the date of the
enactment of this Act and annually thereafter for 8 years,
the Secretary of the Treasury, in consultation with the
Secretary of State and the heads of other United States
Government agencies, as appropriate, shall submit to the
appropriate congressional committees a report that--
(1) sets forth the plan of the Department of the Treasury
for ensuring that property blocked pursuant to subsection (a)
or Executive Order 14014 remains blocked;
(2) describes the primary sources of income to which the
Burmese military has access and that the United States has
been unable to reach using sanctions authorities;
(3) makes recommendations for how the sources of income
described in paragraph (2) can be reduced or blocked;
(4) evaluates the implications of imposing sanctions on the
Burmese-government owned Myanmar Oil and Gas Enterprise,
including a determination with respect to the extent to which
sanctions on Myanmar Oil and Gas Enterprise would advance the
interests of the United States in Burma; and
(5) assesses the impact of the sanctions imposed pursuant
to the authorities under this Act on the Burmese people and
the Burmese military.
SEC. 203. CERTIFICATION REQUIREMENT FOR REMOVAL OF CERTAIN
PERSONS FROM THE LIST OF SPECIALLY DESIGNATED
NATIONALS AND BLOCKED PERSONS.
(a) In General.--On or after the date of the enactment of
this Act, the President may not remove a person described in
subsection (b) from the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury
(commonly referred to as the ``SDN list'') until the
President submits to the appropriate congressional committees
a certification described in subsection (c) with respect to
the person.
(b) Persons Described.--A person described in this
subsection is a foreign person included in the SDN list for
violations of part 525 of title 31, Code of Federal
Regulations, or any other regulations imposing sanctions on
or related to Burma.
(c) Certification Described.--A certification described in
this subsection, with respect to a person described in
subsection (b), is a certification that the person has not
knowingly assisted in, sponsored, or provided financial,
material, or technological support for, or financial or other
services to or in support of--
(1) terrorism or a terrorist organization;
(2) a significant foreign narcotics trafficker (as defined
in section 808 of the Foreign Narcotics Kingpin Designation
Act (21 U.S.C. 1907));
(3) a significant transnational criminal organization under
Executive Order 13581 (50 U.S.C. note; relating to blocking
property of transnational criminal organizations); or
(4) any other person on the SDN list.
(d) Form.--A certification described in subsection (c)
shall be submitted in unclassified form but may include a
classified annex.
SEC. 204. SANCTIONS AND POLICY COORDINATION FOR BURMA.
(a) In General.--The Secretary of State may designate an
official of the Department of State to serve as the United
States Special Coordinator for Burmese Democracy (in this
section referred to as the ``Special Coordinator'').
(b) Central Objective.--The Special Coordinator should
develop a comprehensive strategy for the implementation of
the full range of United States diplomatic capabilities,
including the provisions of this Act, to promote human rights
and the restoration of civilian government in Burma.
(c) Duties and Responsibilities.--The Special Coordinator
should, as appropriate, assist in--
(1) coordinating the sanctions policies of the United
States under section 202 with relevant bureaus and offices
within the Department of State, other relevant United States
Government agencies, and international financial
institutions;
(2) conducting relevant research and vetting of entities
and individuals that may be subject to sanctions under
section 202 and coordinate with other United States
Government agencies and international financial intelligence
units to assist in efforts to enforce anti-money laundering
and anti-corruption laws and regulations;
(3) promoting a comprehensive international effort to
impose and enforce multilateral sanctions with respect to
Burma;
(4) coordinating with and supporting interagency United
States Government efforts, including efforts of the United
States Ambassador to Burma, the United States Ambassador to
ASEAN, and the United States Permanent Representative to the
United Nations, relating to--
(A) identifying opportunities to coordinate with and exert
pressure on the governments of the People's Republic of China
and the Russian Federation to support multilateral action
against the Burmese military;
(B) working with like-minded partners to impose a
coordinated arms embargo on the Burmese military and targeted
sanctions on the economic interests of the Burmese military,
including through the introduction and adoption of a United
Nations Security Council resolution;
(C) engaging in direct dialogue with Burmese civil society,
democracy advocates, ethnic minority representative groups,
and organizations or groups representing the protest movement
and the officials elected in 2020, such as the Committee
Representing the Pyidaungsu Hluttaw, the National Unity
Government, the National Unity Consultative Council, and
their designated representatives;
(D) encouraging the National Unity Government to
incorporate accountability mechanisms in relation to the
atrocities against Rohingya and other ethnic groups, to take
further steps to make its leadership and membership
ethnically diverse, and to incorporate measures to enhance
ethnic reconciliation and national unity into its policy
agenda;
(E) assisting efforts by the relevant United Nations
Special Envoys and Special Rapporteurs to secure the release
of all political prisoners in Burma, promote respect for
human rights, and encourage dialogue; and
(F) supporting nongovernmental organizations operating in
Burma and neighboring countries working to restore civilian
democratic rule to Burma and to address the urgent
humanitarian needs of the people of Burma; and
(5) providing timely input for reporting on the impacts of
the implementation of section 202 on the Burmese military and
the people of Burma.
(d) Deadline.--If the Secretary of State has not designated
the Special Coordinator by the date that is 180 days after
the date of the enactment of this Act, the Secretary shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report detailing the reasons for not doing so.
SEC. 205. SUPPORT FOR GREATER UNITED NATIONS ACTION WITH
RESPECT TO BURMA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United Nations Security Council has not taken
adequate steps to condemn the February 1, 2021, coup in
Burma, pressure the Burmese military to cease its violence
against civilians, or secure the release of those unjustly
detained; and
(2) countries, such as the People's Republic of China and
the Russian Federation, that are directly or indirectly
shielding the Burmese military from international scrutiny
and action, should be obliged to endure the reputational
damage of doing so by taking public votes on resolutions
related to Burma that apply greater pressure on the Burmese
military to restore Burma to its democratic path.
(3) The United Nations Secretariat and the United Nations
Security Council should take concrete steps to address the
coup and ongoing crisis in Burma consistent with the UN
General Assembly resolution 75/287, ``The situation in
Myanmar,'' which was adopted on June 18, 2021.
[[Page H4208]]
(b) Support for Greater Action.--The President shall direct
the United States Permanent Representative to the United
Nations to use the voice, vote, and influence of the United
States to spur greater action by the United Nations and the
United Nations Security Council with respect to Burma by--
(1) pushing the United Nations Security Council to consider
a resolution condemning the February 1, 2021, coup and
calling on the Burmese military to cease its violence against
the people of Burma and release without preconditions the
journalists, pro-democracy activists, and political officials
that it has unjustly detained;
(2) pushing the United Nations Security Council to consider
a resolution that immediately imposes a global arms embargo
against Burma to ensure that the Burmese military is not able
to obtain weapons and munitions from other nations to further
harm, murder, and oppress the people of Burma;
(3) pushing the United Nations and other United Nations
authorities to cut off assistance to the Government of Burma
while providing humanitarian assistance directly to the
people of Burma through UN bodies and civil society
organizations, particularly such organizations working with
ethnic minorities that have been adversely affected by the
coup and the Burmese military's violent crackdown;
(4) objecting to the appointment of representatives to the
United Nations and United Nations bodies such as the Human
Rights Council that are sanctioned by the Burmese military;
(5) working to ensure the Burmese military is not
recognized as the legitimate government of Burma in any
United Nations body; and
(6) spurring the United Nations Security Council to
consider multilateral sanctions against the Burmese military
for its atrocities against Rohingya and individuals of other
ethnic and religious minorities, its coup, and the crimes
against humanity it has and continues to commit in the coup's
aftermath.
SEC. 206. SUNSET.
(a) In General.--The authority to impose sanctions and the
sanctions imposed under this title shall terminate on the
date that is 8 years after the date of the enactment of this
Act.
(b) Certification for Early Sunset of Sanctions.--Sanctions
imposed under this subtitle may be removed before the date
specified in subsection (a), if the President submits to the
appropriate congressional committees a certification that--
(1) the Burmese military has released all political
prisoners taken into custody on or after February 1, 2021, or
is providing legal recourse to those that remain in custody;
(2) the elected government has been reinstated or new free
and fair elections have been held;
(3) all legal charges against those winning election in
November 2020 are dropped; and
(4) the 2008 constitution of Burma has been amended or
replaced to place the Burmese military under civilian
oversight and ensure that the Burmese military no longer
automatically receives 25 percent of seats in Burma's state,
regional, and national Hluttaws.
TITLE III--HUMANITARIAN ASSISTANCE AND CIVIL SOCIETY SUPPORT WITH
RESPECT TO BURMA
SEC. 301. SUPPORT TO CIVIL SOCIETY AND INDEPENDENT MEDIA.
(a) Authorization to Provide Support.--The Secretary of
State and the Administrator of the United States Agency for
International Development are authorized to provide support
to civil society in Burma, Bangladesh, Thailand, and the
surrounding region, including by--
(1) ensuring the safety of democracy activists, civil
society leaders, independent media, participants in the Civil
Disobedience Movement, and government defectors exercising
their fundamental rights by--
(A) supporting safe houses for those under threat of
arbitrary arrest or detention;
(B) providing access to secure channels for communication;
(C) assisting individuals forced to flee from Burma and
take shelter in neighboring countries, including in ensuring
protection assistance and non-refoulement; and
(D) providing funding to organizations that equip
activists, civil society organizations, and independent media
with consistent, long-term technical support on physical and
digital security in local languages;
(2) supporting democracy activists in their efforts to
promote freedom, democracy, and human rights in Burma, by--
(A) providing aid and training to democracy activists in
Burma;
(B) providing aid to individuals and groups conducting
democracy programming outside of Burma targeted at a peaceful
transition to constitutional democracy inside Burma;
(C) providing aid and assistance to independent media
outlets and journalists and groups working to protect
internet freedom and maintain independent media;
(D) expanding radio and television broadcasting into Burma;
and
(E) providing financial support to civil society
organizations and nongovernmental organizations led by
members of ethnic and religious minority groups within Burma
and its cross-border regions;
(3) assisting ethnic minority groups and civil society in
Burma to further prospects for justice, reconciliation, and
sustainable peace; and
(4) promoting ethnic minority inclusion and participation
in political processes in Burma.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $50,000,000 to carry out the provisions of
this section for each of fiscal years 2023 through 2027.
SEC. 302. HUMANITARIAN ASSISTANCE AND RECONCILIATION.
(a) Authorization to Provide Humanitarian Assistance.--The
Secretary of State and the Administrator of the United States
Agency for International Development are authorized to
provide humanitarian assistance and reconciliation activities
for ethnic groups and civil society organizations in Burma,
Bangladesh, Thailand, and the surrounding region, including--
(1) assistance for victims of violence by the Burmese
military, including Rohingya and individuals from other
ethnic minorities displaced or otherwise affected by
conflict, in Burma, Bangladesh, Thailand, and the surrounding
region;
(2) support for voluntary resettlement or repatriation of
displaced individuals in Burma, upon the conclusion of
genuine agreements developed and negotiated with the
involvement and consultation of the displaced individuals and
if resettlement or repatriation is safe, voluntary, and
dignified;
(3) support for the promotion of ethnic and religious
tolerance, improving social cohesion, combating gender-based
violence, increasing the engagement of women in
peacebuilding, and mitigating human rights violations and
abuses against children;
(4) support for--
(A) primary, secondary, and tertiary education for
displaced children living in areas of Burma affected by
conflict; and
(B) refugee camps in the surrounding region and
opportunities to access to higher education in Bangladesh and
Thailand;
(5) capacity-building support--
(A) to ensure that displaced individuals are consulted and
participate in decision-making processes affecting the
displaced individuals; and
(B) for the creation of mechanisms to facilitate the
participation of displaced individuals in such processes; and
(6) increased humanitarian aid to Burma to address the dire
humanitarian situation that has uprooted 170,000 people
through--
(A) international aid partners such as agencies of the
United Nations;
(B) the International Committee of the Red Cross; and
(C) cross-border aid.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $220,500,000 to carry out the provisions
of this section for fiscal year 2023.
SEC. 303. AUTHORIZATION OF ASSISTANCE FOR BURMA POLITICAL
PRISONERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the freedom of expression, including for members of the
press, is an inalienable right and should be upheld and
protected in Burma and everywhere;
(2) the Burmese military must immediately cease the
arbitrary arrest, detention, imprisonment, and physical
attacks of journalists, which have created a climate of fear
and self-censorship among local journalists;
(3) the Government of Burma should repeal or amend all laws
that violate the right to freedom of expression, peaceful
assembly, or association, and ensure that laws such as the
Telecommunications Law of 2013 and the Unlawful Associations
Act of 1908, and laws relating to the right to peaceful
assembly all comply with Burma's human rights obligations;
(4) all prisoners of conscience and political prisoners in
Burma should be unconditionally and immediately released;
(5) the Burmese military should immediately and
unconditionally release Danny Fenster and other journalists
unjustly detained for their work;
(6) the Government of Burma must immediately drop
defamation charges against all individuals unjustly detained,
including the three Kachin activists, Lum Zawng, Nang Pu, and
Zau Jet, who led a peaceful rally in Mytkyina, the capital of
Kachin State in April 2018, and that the prosecution of Lum
Zawng, Nang Pu, and Zau Jet is an attempt by Burmese
authorities to intimidate, harass, and silence community
leaders and human rights defenders who speak out about
military abuses and their impact on civilian populations; and
(7) the United States Government should use all diplomatic
tools to seek the unconditional and immediate release of all
prisoners of conscience and political prisoners in Burma.
(b) Political Prisoners Assistance.--The Secretary of State
is authorized to continue to provide assistance to civil
society organizations in Burma that work to secure the
release of and support prisoners of conscience and political
prisoners in Burma, including--
(1) support for the documentation of human rights
violations with respect to prisoners of conscience and
political prisoners;
(2) support for advocacy in Burma to raise awareness of
issues relating to prisoners of conscience and political
prisoners;
(3) support for efforts to repeal or amend laws that are
used to imprison individuals as prisoners of conscience or
political prisoners;
(4) support for health, including mental health, and post-
incarceration assistance in gaining access to education and
employment
[[Page H4209]]
opportunities or other forms of reparation to enable former
prisoners of conscience and political prisoners to resume
normal lives; and
(5) the creation, in consultation with former political
prisoners and prisoners of conscience, their families, and
their representatives, of an independent prisoner review
mechanism in Burma--
(A) to review the cases of individuals who may have been
charged or deprived of their liberty for peacefully
exercising their human rights;
(B) to review all laws used to arrest, prosecute, and
punish individuals as political prisoners and prisoners of
conscience; and
(C) to provide recommendations to the Government of Burma
for the repeal or amendment of all such laws.
(c) Termination.--The authority to provide assistance under
this section shall terminate on the date that is 8 years
after the date of the enactment of this Act.
TITLE IV--ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES
SEC. 401. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, CRIMES
AGAINST HUMANITY, AND GENOCIDE IN BURMA.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to continue the support of ongoing mechanisms and
special procedures of the United Nations Human Rights
Council, including the United Nations Independent
Investigative Mechanism for Myanmar and the Special
Rapporteur on the situation of human rights in Myanmar; and
(2) to refute the credibility and impartiality of efforts
sponsored by the Government of Burma, such as the Independent
Commission of Enquiry, unless the United States Ambassador at
Large for Global Criminal Justice determines the efforts to
be credible and impartial and notifies the appropriate
congressional committees in writing and in unclassified form
regarding that determination.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, after
consultation with the heads of other United States Government
agencies and representatives of human rights organizations,
as appropriate, shall submit to the appropriate congressional
committees a report that--
(1) evaluates the persecution of Rohingya in Burma by the
Burmese military;
(2) after consulting with the Atrocity Early Warning Task
Force, or any successor entity or office, provides a detailed
description of any proposed atrocity prevention response
recommended by the Task Force as it relates to Burma;
(3) summarizes any atrocity crimes committed against
Rohingya or members of other ethnic minority groups in Burma
between 2012 and the date of the submission of the report;
(4) describes any potential transitional justice mechanisms
for Burma;
(5) provides an analysis of whether the reports summarized
under paragraph (3) amount to war crimes, crimes against
humanity, or genocide;
(6) includes an assessment on which events that took place
in the state of Rakhine in Burma, starting on August 25,
2017, constitute war crimes, crimes against humanity, or
genocide; and
(7) includes a determination with respect to whether events
that took place during or after the coup of February 1, 2021,
in any state in Burma constitute war crimes or crimes against
humanity.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) A description of--
(A) credible evidence of events that may constitute war
crimes, crimes against humanity, or genocide committed by the
Burmese military against Rohingya and members of other ethnic
minority groups, including the identities of any other actors
involved in the events;
(B) the role of the civilian government in the commission
of any events described in subparagraph (A);
(C) credible evidence of events of war crimes, crimes
against humanity, or genocide committed by other armed groups
in Burma;
(D) attacks 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 attacks in Burma; and
(E) to the extent possible, the conventional and
unconventional weapons used for any events or attacks
described in this paragraph and the sources of such weapons.
(2) In consultation with the Administrator of the United
States Agency for International Development, the Attorney
General, and heads of any other appropriate United States
Government agencies, as appropriate, a description and
assessment of the effectiveness of any efforts undertaken by
the United States to promote accountability for war crimes,
crimes against humanity, and genocide perpetrated against
Rohingya by the Burmese military, the government of the
Rakhine State, pro-government militias, or other armed groups
operating in the Rakhine State, including efforts--
(A) to train civilian investigators, within and outside of
Burma and Bangladesh, to document, investigate, develop
findings of, identify, and locate alleged perpetrators of war
crimes, crimes against humanity, or genocide in Burma;
(B) to promote and prepare for a transitional justice
mechanism for the perpetrators of war crimes, crimes against
humanity, and genocide occurring in the Rakhine State in
2017; and
(C) to document, collect, preserve, and protect evidence of
war crimes, crimes against humanity, and genocide in Burma,
including by--
(i) providing support for ethnic Rohingya, Shan, Rakhine,
Kachin, Chin, and Kayin and other ethnic minorities;
(ii) Burmese, Bangladeshi, foreign, and international
nongovernmental organizations;
(iii) the Independent Investigative Mechanism for Myanmar;
and
(iv) other entities engaged in investigative activities
with respect to war crimes, crimes against humanity, and
genocide in Burma.
(3) A detailed study of the feasibility and desirability of
a transitional justice mechanism for Burma, such as an
international tribunal, a hybrid tribunal, or other options,
that includes--
(A) a discussion of the use of universal jurisdiction or of
legal cases brought against Burma by other countries at the
International Court of Justice regarding any atrocity crimes
perpetrated in Burma;
(B) recommendations for any transitional justice mechanism
the United States should support, the reason the mechanism
should be supported, and the type of support that should be
offered; and
(C) consultation regarding transitional justice mechanisms
with representatives of Rohingya and individuals from other
ethnic minority groups who have suffered human rights
violations and abuses.
(d) Protection of Witnesses and Evidence.--The Secretary of
State shall seek to ensure that the identification of
witnesses and physical evidence used for the report required
by this section are not publicly disclosed in a manner that
might place witnesses at risk of harm or encourage the
destruction of evidence by the military or government of
Burma.
(e) Form of Report; Public Availability.--
(1) Form.--The report required by subsection (b) shall be
submitted in unclassified form but may include a classified
annex.
(2) Public availability.--The unclassified portion of the
report required by subsection (b) shall be posted on a
publicly available internet website.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
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--
(1) identify suspected perpetrators of war crimes, crimes
against humanity, and genocide;
(2) collect, document, and protect evidence of crimes and
preserving the chain of custody for such evidence;
(3) conduct criminal investigations of such crimes; and
(4) support investigations conducted by other countries,
and by entities mandated by the United Nations, such as the
Independent Investigative Mechanism for Myanmar.
(b) Authorization for Transitional Justice Mechanisms.--The
Secretary of State, taking into account any relevant findings
in the report submitted under section 402, is authorized to
provide support for the establishment and operation of
transitional justice mechanisms, including a hybrid tribunal,
to prosecute individuals suspected of committing war crimes,
crimes against humanity, or genocide in Burma.
TITLE V--STATUTORY PAY-AS-YOU-GO ACT
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 New
York (Mr. Meeks) and the gentlewoman from New York (Ms. Tenney) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. MEEKS. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 5497, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
[[Page H4210]]
{time} 1230
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 5497, the BURMA
Act of 2022, which I have introduced, alongside Representative Steve
Chabot, the ranking member of the Asia, the Pacific, Central Asia, and
Nonproliferation Subcommittee, who I want to thank for working in a
bipartisan way.
I also want to thank Foreign Affairs Committee Ranking Member
Michael McCaul for working with me in a bipartisan way on this very
important and very timely bill.
Mr. Speaker, democracy is under severe strain across the globe, and
the current crisis in Burma is a stark reminder of this challenge.
It has been just over a year since the Burmese military staged an
illegal and illegitimate coup d'etat, seizing control of the Union
Government and detaining a broad cross section of democratically
elected civilian leaders. As the military upended Burma's fragile
transition to democracy, it began a widespread suppression of
fundamental freedoms.
Over the past 14 months, the military's brutal and senseless violence
has resulted in more than 1,700 people killed, including over 100
children. Thousands have been unjustly detained, and nearly half a
million people have been displaced by the military's violence.
Congress cannot, cannot and must not, stand idly by as the military
brutally kills its people. As the war in Ukraine has reminded us,
America must stand up with freedom-loving people everywhere.
The Burmese people have courageously resisted the military's
repression and violence. They have organized a civil disobedience
movement to erode the military's ability to govern. A shadow
government, the National Unity Government, has emerged to restore
democratic civilian rule. All they are asking of us is that the world
come to their aid and their cause.
The Biden administration has taken critical steps to stand with the
Burmese people, and I want to commend Secretary Blinken's formal
determination last month that the Burmese military committed genocide
and crimes against humanity against Rohingyas, something that was long,
long overdue, and which I advocated for in this current bill.
But now it is Congress' turn to act. The important resolutions,
statements of condemnation, and letters of solidarity this body has
sent over the past 14 months are important, but not sufficient. The
people of Burma need us to do more. Frankly, the Burmese military's
gross abuses demand that we do more.
H.R. 5497 is a comprehensive, bipartisan bill that holds the Burmese
military accountable through targeted sanctions, puts pressure on the
junta by urging greater action at the United Nations, and calling for a
Special Coordinator for Burmese Democracy.
It authorizes humanitarian assistance for the hundreds of thousands
of Burmese citizens that have been internally displaced or fled across
the border. It calls on the State Department to document the genocide
and the crimes against humanity committed against Rohingyas and other
Burmese ethnic minorities.
The same military leaders which perpetuated a genocide against
Rohingya are now using the same tactics to unleash unprecedented
bloodshed across the entire country. We must end the impunity of the
Burmese military and make it harder for it to enact its brutality.
And to every member of the Burmese ruling elite that does not support
the pathway taken by General Min Aung Hlaing, let me say to you loud
and clear: Now is the time for you to think about your country's future
and defect, defect, because the Burmese people and the international
community will remember which side you stood on.
The economic and diplomatic pressure that this bill applies is
essential to changing the junta's calculus and forcing it to the
negotiating table. By passing this legislation, we will take a
meaningful step, not just to stand up with the Burmese people, but also
to help bring this crisis to an end.
Therefore, before this bill becomes law, I look forward to working
with my colleagues in a bipartisan way to refine the sanctions in this
bill so that they remain relevant and effective.
Thus, I urge my colleagues to support this measure so that we can
move it one step closer to the President's desk.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on Financial Services,
Washington, DC, April 5, 2022.
Hon. Gregory Meeks,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 5497, the
BURMA Act of 2022. In order to permit H.R. 5497 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. 5497 in light of our
mutual understanding that, by foregoing formal consideration
of H.R. 5497 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 with regard to any matters in the Committee's
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
that involves the Committee's jurisdiction 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. 5497.
Sincerely,
Maxine Waters,
Chairwoman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, April 5, 2022.
Hon. Maxine Waters,
Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Chairwoman Waters: I am writing to you concerning H.R.
5497, the BURMA Act of 2022, as amended. 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. 5497 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 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,
Gregory W. Meeks,
Chairman.
Ms. TENNEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is an honor for me to represent New York's 22nd
Congressional District, which is home to generations of Burmese
refugees, dating back to the first family arriving in the early 2000s,
and where nearly 5,000 Burmese refugees reside.
On February 1 of last year, Burma's military seized power in a
violent coup, ending 5 years of flawed, but promising, democracy,
dragging Burma back into a brutal military rule.
Over the last year, the world has watched in horror as the military
targeted innocent Burmese men, women, and children. The latest
estimates indicate that over 1,700 people have been murdered and more
than 13,000 arrested by the junta.
In the face of this violence and repression, the resilience of the
people of Burma is no less than inspiring. The legislation we are
considering today is an important step forward in standing with the
people of Burma and holding their perpetrators accountable.
The BURMA Act will impose mandatory sanctions on the military regime,
as well as entities that continue to support it.
While the White House has begun to take steps to reimpose the
sanctions regime that the former Democratic administration prematurely
lifted, it is time that the Burmese military is again sanctioned as a
matter of law, especially now that the United States
[[Page H4211]]
has finally recognized that their crimes against the Rohingya amount to
genocide.
Now, more than ever, I urge all to remain committed to the people of
Burma's quest for democracy, for peace, and freedom, and to oppose this
affront to human dignity.
I thank Chairman Meeks and Congressman Chabot for championing this
legislation, and I urge my colleagues to support this measure.
Mr. Speaker, I reserve the balance of my time.
Mr. MEEKS. Mr. Speaker, I don't think I have any further speakers, so
I reserve the balance of my time.
Ms. TENNEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, America stands as free people against dictators and
despots. It is part of our values, and it is an important signal to the
world that the United States stands firm against autocrats, whether in
Burma or Russia.
Last Friday, China's Foreign Minister, Wang Yi, showed the world how
true this is. He met with his counterpart from the Burmese junta regime
and said that the Chinese Communist Party would back the Tatmadaw ``no
matter how the situation changes.''
We are at a critical point in history. Authoritarian regimes like
China are partnering with their autocratic allies around the world to
make the globe less free; to undermine human dignity and individual
freedom; and to oppress those who stand up and have the courage to
speak out as the Burmese people have. It is sickening, and it is one
more reason why this legislation is so timely.
It is critical that America stands united in supporting the people of
Burma and championing their fundamental human rights in the face of
military oppression. I will continue to be a voice for this community
as we fight to oppose this affront to the people of Burma's dignity and
freedom and quest for peace.
I, once again, urge my colleagues to support this measure. I yield
back the balance of my time.
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume for
the purpose of closing.
Mr. Speaker, Congress must do more to address this crisis in Burma,
and H.R. 5497, the BURMA Act of 2021, will do just that. It will take
concrete steps to hold the Burmese military accountable for its coup
and for the perpetration of gross human rights violations and other
unspeakable atrocities.
This bill, Mr. Speaker, sends a strong and unequivocal message that
there are severe consequences for subverting democracy, and that the
United States of America stands firmly with the Burmese people in their
struggle for human rights and their democracy.
Mr. Speaker, I hope all of my colleagues, all 435 of us, will join me
in supporting this bill, and I yield back the balance of my time.
Ms. ESHOO. Mr. Speaker, I rise in support of H.R. 5497, the BURMA Act
which is important legislation to support the courageous people of
Burma as they struggle to wrest democracy from the hands of their
authoritarian military.
On February 1, 2021, after a decade of promising democratic reforms
in Burma, the Burmese military (also known as the Tatmadaw) seized
control of the civilian government, declared a state of emergency, and
unlawfully detained State Councilor Aung San Suu Kyi, President Win
Myint, and many Members of Parliament. In response, the people of Burma
took to the streets to demand the restoration of civilian rule, only to
be met with the Tatmadaw's brutal campaign of repression, involving
extrajudicial executions, mass arrests and disappearances, and other
authoritarian tactics.
H.R. 5497 is legislation to hold the Tatmadaw accountable for their
human rights abuses by authorizing targeted sanctions against the
Burmese military and its affiliated entities. These sanctions will
deprive the Tatmadaw of the resources they need to continue their
violent suppression of the Burmese people. H.R. 5497 also provides
much-needed funds to support pro-democracy civil society groups in
Burma and alleviate the severe humanitarian crisis caused by the
Tatmadaw's violence and mismanagement of the economy.
I'm pleased that this legislation advances many of the goals outlined
in H. Res. 896, a resolution I introduced on the one-year anniversary
of the coup to condemn the Burmese military's human rights abuses. My
resolution calls for tough sanctions against the Tatmadaw, robust
humanitarian assistance for the Burmese people, and increased efforts
to hold the Tatmadaw accountable for atrocities.
At a time when democracy is being threatened around the world, it's
imperative that the United States join with the courageous people of
Burma who are fighting to restore democracy in their country. By
passing H.R. 5497, Congress will demonstrate our solidarity with the
Burmese people, and I urge all my colleagues to support this bill and
vote yes.
Mr. CHABOT. Mr. Speaker, as the Ranking Member of the Asia-Pacific
Subcommittee, I rise today in support of H.R. 5497, the BURMA Act,
bipartisan legislation Chairman Meeks and I introduced last year in
response to the coup in Burma. And I want to thank Ranking Member
McCaul and Ms. Tenney and all those who have supported this legislation
on both sides of the aisle.
As everyone who follows the situation in Burma knows, on February 1,
2021 the Burmese military perpetrated a coup against the civilian
government, detained its elected leaders and set up a junta.
This is by no means the first time the generals have seized power but
this time the response has been different. The people of Burma, in all
walks of life have courageously stood up against the military with
peaceful protests, mass strikes, and other civil disobedience.
The military's response bas been predictable--they initiated a
crackdown that continues today. They've killed over seventeen hundred
people and imprisoned thousands more. This repression has pushed the
country into civil war, essentially, as the generals stubbornly refuse
to restore democracy.
Let me be clear, this coup is a blatant violation of the rights of
the Burmese people. Self-government and self-determination are rights
of all people around the world, not a gift from a small handful of
elites who pretend to be entitled to rule over their fellow citizens.
The generals cannot simply back out of democracy when it no longer
serves their purposes. It's a right that's owed to the people of Burma.
In response to the coup, Chairman Meeks and I introduced this BURMA
Act. Briefly recapping the history of this legislation, in September
2017, the Burmese military began a genocidal campaign to permanently
drive the Rohingya out of Burma which resulted in over 700,000 Rohingya
refugees fleeing from Rakhine State, Burma into neighboring Bangladesh.
They remain there today without any meaningful hope of returning home.
This campaign consisted of widespread, systematic, and premeditated
human rights abuses, including barbaric killings, gang rapes, and the
burning of around 400 Rohingya villages. According to a partial State
Department report on these atrocities, about half of the Rohingya
surveyed said they personally witnessed a rape while about 80 percent
witnessed killings and the destruction of villages.
In response to these atrocities, Ranking Member Eliot Engel and I
wrote the original BURMA Act which would have imposed sanctions on the
military, and deployed several other tools to address longstanding
concerns with Burma. While the legislation passed in the House several
times, the Senate failed to take it up.
Last year, in response to the coup, Chairman Meeks and I updated the
BURMA Act to provide some measure of accountability for both the
genocide in 2017 and this year's coup, and to reflect the sanctions the
Biden Administration has already imposed on the Burmese military. The
new version of the legislation will levy stronger sanctions against the
military, and provide additional assistance to the people of Burma.
I would specifically like to point out that this legislation deals
specifically with accountability for the crimes committed against the
Rohingya, and has for the last several years required the State
Department to determine whether this was a genocide. I'm pleased that
last month Secretary Blinken took this step, and declared officially
and on behalf of the United States what many of us have known for some
time that the crimes were indeed a genocide. This decision is one we
can all support--and probably one of the few things this Administration
has done that I can really get behind.
As the coup and its aftermath continue to drag on, we must use this
determination to renew focus on the situation in Burma and intensify
our efforts to see that the Burmese Military comes to terms with the
fact that the people have chosen a different path. The BURMA Act would
go a long way in that effort, so I would urge my colleagues to support
its passage.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 5497,
``Burma Unified through Rigorous Military Accountability Act of 2021''
or BURMA Act.
The purpose of this bill is to authorize humanitarian assistance and
civil society support, promote democracy and human rights, and impose
targeted sanctions with respect to human rights abuses in Burma.
The legislation condemns the actions taken by the Burmese military
during its coup on February 1, 2021 and its aftermath.
[[Page H4212]]
The BURMA Act:
Authorizes sanctions on individuals and entities who helped stage the
February 1 coup d'etat and are responsible for the subsequent
repression of fundamental freedoms, human rights abuses, use of
indiscriminate violence towards civilians, and other gross atrocities.
Prohibits the import of precious and semi-precious gemstones from
Burma into the United States.
Authorizes a new position at the State Department, a Special
Coordinator for Burmese Democracy, to promote an international effort
to impose and enforce multilateral sanctions on Burma and coordinate
United States Government interagency efforts on Burma.
Authorizes support to civil society and for humanitarian assistance
in Burma, Bangladesh, Thailand, and the surrounding region.
Calls for the Department of State to make a genocide determination
with regard to the persecution of the Rohingya.
Calls for the United States to pressure the United Nations to take
more decisive action with regards to Burma.
By authorizing targeted sanctions against the Burmese military, the
Burmese Administrative Council and affiliated entities, the bill holds
accountable those responsible for the perpetration of the coup and the
ensuing atrocities that have claimed over a thousand lives.
It has been a little over a year since the Burmese military staged
its illegal and illegitimate coup, reversing years of reform and
Burma's fragile transition to democracy.
The military regime has killed more than 1,728 people since February
of 2021, including around 100 children, and illegally detained more
than 13,084 people.
The violence toward its own citizens has displaced roughly 400,000
people within the country.
This brings the estimated total of internally displaced persons to
776,000 and of refugees and asylum-seekers in neighboring countries to
more than 1 million.
People in Myanmar desperately need food, clean water and protection
to survive.
The BURMA Act would address these gaps by funding humanitarian
assistance and addressing issues in Myanmar including human rights
violations, displacement, and armed conflict.
Having previously lived under military rule and authoritarianism for
decades, the people of Myanmar responded to the coup with courage and
resistance.
Democracy activists flooded the streets, formed a shadow government,
and carried out a massive civil disobedience movement to shut down the
machinery of the state.
The tragedy underway in Myanmar epitomizes the battle between
democracy and authoritarianism.
However, the people of Myanmar have not received much support from
the international community, in efforts to condemn this coup the United
States must act now by expanding targeted sanctions to halt this.
The toll on the people of Burma has been truly staggering, under the
military's harsh rule, no one is safe from violence, arbitrary
detainment, military attack, and infringements on human rights.
I am optimistic that we will pass the BURMA Act to apply economic
pressure, provide humanitarian support, and redouble diplomatic efforts
against the military junta.
The people of Burma can no longer afford to wait, so neither should
we.
I ask my colleagues to join me in voting for H.R. 5497 because these
people who have survived crimes against humanity, discrimination,
gender-based violence and forced displacement in Myanmar need the
humanitarian assistance this bill would provide.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Meeks) that the House suspend the rules
and pass the bill, H.R. 5497, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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