[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.

                          ____________________