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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5819 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5819

To promote democracy and human rights in Burma, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2018

     Mr. Engel (for himself, Mr. Chabot, Mr. Crowley, Mr. Royce of 
 California, Mr. Sherman, Mr. Yoho, Mr. Castro of Texas, Mrs. Wagner, 
  Mr. Cicilline, Mr. McCaul, Mr. Sires, Mr. Smith of New Jersey, Mr. 
Costa, Mr. Denham, Mr. Deutch, Mr. Poe of Texas, Ms. Bass, Mr. King of 
New York, Ms. Titus, Mr. Cook, Mr. Ted Lieu of California, Mr. Meadows, 
  Mr. Connolly, Mr. Thomas J. Rooney of Florida, Ms. Speier, Ms. Ros-
Lehtinen, Mr. Cohen, Mr. Soto, Ms. Jenkins of Kansas, Mr. McGovern, Mr. 
  Garrett, Ms. Schakowsky, Mr. Donovan, Mr. Johnson of Georgia, Mrs. 
 Comstock, Ms. Kuster of New Hampshire, Mr. Coffman, Ms. Lofgren, Mr. 
 Lance, Mr. Lowenthal, Mr. Costello of Pennsylvania, Ms. Pingree, Mr. 
Bilirakis, Mr. Blumenauer, Mr. Rutherford, Mr. Pocan, Mr. Russell, Mr. 
   Rush, Ms. Bonamici, Mr. Culberson, Ms. McCollum, Ms. Norton, Mr. 
  Delaney, Mr. Pallone, Mr. Cartwright, Ms. Esty of Connecticut, Mr. 
Brady of Pennsylvania, Ms. Eshoo, Ms. Moore, Ms. Lee, Mr. Moulton, Mr. 
  Danny K. Davis of Illinois, Mr. Khanna, Mr. Welch, Mrs. Carolyn B. 
   Maloney of New York, Mr. Hastings, and Mr. Beyer) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
and in addition to the Committees on the Judiciary, and Armed Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
To promote democracy and human rights in Burma, and for other purposes.

    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 2018'' or the ``BURMA 
Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Appropriate congressional committees defined.
           TITLE I--MATTERS RELATING TO THE CONFLICT IN BURMA

Sec. 101. Findings.
Sec. 102. Statement of policy.
Sec. 103. Sense of Congress with respect to humanitarian assistance, 
                            freedom of movement, and rights of 
                            returnees.
Sec. 104. Sense of Congress on press freedom.
Sec. 105. Sense of Congress with respect to imposition of sanctions 
                            under the Global Magnitsky Human Rights 
                            Accountability Act.
        TITLE II--ASSISTANCE AND SANCTIONS WITH RESPECT TO BURMA

Sec. 201. Authorization for humanitarian assistance and reconciliation.
Sec. 202. Limitation on security assistance and military and security 
                            sector cooperation.
Sec. 203. Imposition of sanctions with respect to certain foreign 
                            persons.
Sec. 204. Forfeiture of property.
    TITLE III--GOVERNANCE OF THE BURMESE MINING AND GEMSTONE SECTOR

Sec. 301. Sense of Congress on the Burmese mining sector and the 
                            importation of Burmese gemstones or 
                            minerals.
Sec. 302. Responsibility and transparency in the mining sector.
   TITLE IV--ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES AND STRATEGY FOR 
                            ECONOMIC GROWTH

Sec. 401. Determination and report on accountability for ethnic 
                            cleansing, crimes against humanity, and 
                            genocide in Burma.
Sec. 402. Strategy for promoting economic growth and development.

SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate.

           TITLE I--MATTERS RELATING TO THE CONFLICT IN BURMA

SEC. 101. FINDINGS.

    Congress finds the following:
            (1) On August 25, 2017, Burmese military and security 
        forces violently and disproportionately responded to an attack 
        on security outposts, resulting in a mass exodus of Rohingya 
        from the Rakhine State of Burma into Bangladesh, which the 
        International Organization of Migration called ``unprecedented 
        in terms of volume and speed''.
            (2) Between August 2017 and March 2018, in response to the 
        violence perpetrated by the Burmese military and security 
        forces, the United Nations estimates more than 693,000 
        Rohingya, approximately 78 percent of whom are women and 
        children, have fled to Bangladesh, fearing loss of life, 
        livelihoods, and shelter.
            (3) Despite the steps taken toward democracy in Burma, 
        there exists limited control by the civilian government over 
        civilian agencies and no meaningful civilian control over the 
        military or security forces that carried out the violence in 
        Rakhine State and that continues to engage in grave human 
        rights abuses against ethnic minorities throughout in the 
        country.
            (4) 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 meaningfully hold perpetrators 
        accountable.
            (5) In a public address on October 12, 2017, State 
        Counsellor Aung San Suu Kyi laid out the following goals for 
        the State of Rakhine:
                    (A) Repatriation of those who have crossed over to 
                Bangladesh.
                    (B) Effective provision of humanitarian assistance.
                    (C) Resettlement of displaced populations.
                    (D) Economic development and durable peace.
            (6) Due to restrictions enforced by the Rakhine State 
        government and the military and security forces, there has been 
        little progress made since that time and limited ability for 
        the international community to meaningfully support, verify, or 
        evaluate the Government of Burma's efforts. There are also 
        credible reports of Burmese military and security forces 
        bulldozing villages where violence occurred, thus destroying 
        physical evidence of what may have occurred there.
            (7) Human rights organizations have reported and documented 
        a campaign of violence perpetrated by the security forces of 
        Burma, which indiscriminately fired on and killed civilians, 
        raped women and girls, and arbitrarily arrested Rohingya men 
        without any cause or charges. Satellite images obtained by 
        Amnesty International reveal that, out of the approximately 470 
        villages in northern Rakhine State, nearly 300 were partially 
        or completely destroyed by fire since August 25, 2017, most of 
        which were completely or partially populated by Rohingya 
        Muslims.
            (8) On October 10, 2017, at a hearing before the House 
        Foreign Affairs Committee, the Deputy Assistant Secretary of 
        State for Population, Refugees, and Migration Mark Storella 
        testified that of the $434,000,000 required by the United 
        Nations for emergency response in the first 6 months of this 
        crisis, ``[i]n fiscal year 2017, the United States contributed 
        nearly $104 million in assistance to the displaced populations 
        in Burma for refugees from Burma throughout the region''.
            (9) The United Nations Joint Response Plan to fund 
        assistance to Rohingya refugees and the host community in 
        Bangladesh through the end of 2018 requires almost 
        $1,000,000,000 in assistance.
            (10) On November 22, 2017, Secretary of State Rex Tillerson 
        stated that, ``After careful and through analysis of available 
        facts, it is clear that the situation in northern Rakhine state 
        constitutes ethnic cleansing against the Rohingya. Those 
        responsible for these atrocities must be held accountable''. He 
        also said the violence ``has a number of characteristics of 
        certainly crimes against humanity''.
            (11) Yanghee Lee, the United Nations Special Rapporteur on 
        the situation of human rights in Myanmar said, ``I am becoming 
        more convinced that the crimes committed following 9 October 
        2016 and 25 August 2017 bear the hallmarks of genocide and call 
        in the strongest possible terms for accountability.''
            (12) On December 12, 2017, Wa Lone and Kyaw Soe Oo, two 
        Reuters reporters covering the crisis in Rakhine State, were 
        entrapped, arrested, and charged with violating the Official 
        Secrets Act, continuing a trend of restricting media and free 
        speech and attempting to thwart coverage of the events in 
        Rakhine State.

SEC. 102. STATEMENT OF POLICY.

    It shall be the policy of the United States to--
            (1) support a complete transition to democracy and genuine 
        national reconciliation in Burma which cannot be achieved 
        without appropriate accountability for the atrocities committed 
        by the Burmese military against the Rohingya population and 
        other ethnic minorities throughout the country;
            (2) 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 its people regardless of ethnicity and 
        religion; and
            (3) ensure that the guiding principles of such a strategy 
        include--
                    (A) supporting meaningful legal and constitutional 
                reforms that remove remaining restrictions on civil and 
                political rights and ensure civilian governance, 
                including reforms to the current constitutional 
                provision reserving 25 percent of parliamentary seats 
                for appointments by the military, which provides the 
                military with veto power over constitutional 
                amendments;
                    (B) establishing a fully democratic, pluralistic, 
                and representative political system that includes 
                regularized free and fair elections in which all people 
                of Burma can vote;
                    (C) promoting genuine national reconciliation, the 
                conclusion of a credible and sustainable nationwide 
                cease-fire agreement, including political accommodation 
                of ethnic Shan, Kachin, Chin, Karen, and other ethnic 
                groups, measures to address natural resource governance 
                and revenue-sharing, and constitutional change enabling 
                inclusive, permanent peace;
                    (D) ensuring accountability for human rights 
                abuses, ethnic cleansing, crimes against humanity, or 
                genocide perpetrated against the Rohingya, Kachin, 
                Shan, Chin, and other ethnic minorities by the military 
                of Burma and other combatants involved in the conflict;
                    (E) strengthening civilian institutions in the 
                government, including support for greater transparency 
                and accountability;
                    (F) establishing professional and nonpartisan 
                military, security, and police forces that operate 
                under civilian control, subject to civilian oversight, 
                and are held fully accountable for human rights abuses, 
                corruption, or other abuses of power;
                    (G) combating rampant corruption and illegal 
                economic activity, including that which involves the 
                military and its close allies;
                    (H) empowering local communities, civil society, 
                and independent media;
                    (I) ensuring that the Government of Burma provides 
                full citizenship for the Rohingya population in Burma 
                as well as for those displaced in Bangladesh;
                    (J) promoting responsible international and 
                regional engagement;
                    (K) strengthening respect for and protection of 
                human rights and religious freedom; and
                    (L) addressing and ending the humanitarian and 
                human rights crises and supporting the ability of the 
                displaced Rohingya to voluntarily return to their 
                homes, under safe, dignified, and internationally 
                approved conditions.

SEC. 103. SENSE OF CONGRESS WITH RESPECT TO HUMANITARIAN ASSISTANCE, 
              FREEDOM OF MOVEMENT, AND RIGHTS OF RETURNEES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) significant and sustained international support, from 
        both public and private sources, will be necessary to address 
        the medium- and long-term impacts of the crisis in Burma and 
        the impact of the crisis on Bangladesh; and
            (2) the United States should make resolving the Rohingya 
        crisis one of its top priorities in its engagement with 
        regional institutions such as the Association of Southeast 
        Asian Nations.
    (b) Restoration of Humanitarian Access and Accountability in 
Rakhine State.--Congress calls on the Government of Burma and Burmese 
security forces to ensure complete and unfettered humanitarian access 
in the State of Rakhine and to support an independent international 
fact-finding mission to investigate allegations of ethnic cleansing, 
crimes against humanity, and genocide.
    (c) Rights of Refugees, Internally Displaced Persons, and 
Returnees.--Congress calls on the Government of Burma to--
            (1) ensure that Rohingya have freedom of movement and under 
        no circumstances are subject to unsafe, involuntary, or 
        uninformed repatriation;
            (2) create conditions for return of those displaced from 
        their homes by fully implementing the recommendations of the 
        Advisory Commission on Rakhine State and implementing full and 
        equal citizenship;
            (3) to work closely with the international community 
        including the United Nations High Commissioner for Refugees to 
        ensure the dignified, safe, and voluntary return of all those 
        displaced from their homes, especially from Rakhine State, 
        without an unduly high burden of proof; and
            (4) to offer to those refugees who do not want to return a 
        meaningful alternative, including compensation or restitution.

SEC. 104. SENSE OF CONGRESS ON PRESS FREEDOM.

    It is the sense of Congress that in order to promote the freedom of 
the press in Burma--
            (1) Wa Lone and Kyaw Soe Oo should be immediately and 
        unconditionally released and should have access to legal 
        counsel and to their families; and
            (2) the decision to use a colonial-era law to arrest these 
        reporters underscores the need for serious legal reform, 
        including reform of the Official Secrets Act, 1923 and the 
        Unlawful Association Act, 1908.

SEC. 105. SENSE OF CONGRESS WITH RESPECT TO IMPOSITION OF SANCTIONS 
              UNDER THE GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY 
              ACT.

    It is the sense of Congress that the President should impose 
appropriate sanctions under the Global Magnitsky Human Rights 
Accountablity Act (subtitle F of title XII of Public Law 114-328; 130 
Stat. 2533; 22 U.S.C. 2656 note) against officials and other persons in 
Burma who are responsible for gross violations of internationally 
recognized human rights or acts of significant corruption.

        TITLE II--ASSISTANCE AND SANCTIONS WITH RESPECT TO BURMA

SEC. 201. AUTHORIZATION FOR HUMANITARIAN ASSISTANCE AND RECONCILIATION.

    There is authorized to be appropriated $151,600,000 for fiscal year 
2019 for humanitarian assistance for Burma, Bangladesh, and the 
surrounding region, including--
            (1) assistance for the victims of the Burmese military's 
        ethnic cleansing campaign targeting the Rohingya in Rakhine 
        State, including those displaced in Bangladesh, Burma, and the 
        surrounding region;
            (2) support for voluntary resettlement or repatriation 
        efforts regionally; and
            (3) humanitarian assistance to victims of violence and 
        destruction in Rakhine State.

SEC. 202. LIMITATION ON SECURITY ASSISTANCE AND MILITARY AND SECURITY 
              SECTOR COOPERATION.

    (a) Limitation on Military and Security Sector Cooperation.--Except 
as provided in subsection (b), the United States may not provide any 
security assistance or engage in any military-to-military programs with 
the military or security forces of Burma, including through training, 
observation, or participation in regional exercises, until the date on 
which the Secretary of State, in consultation with the Secretary of 
Defense, certifies to the appropriate congressional committees that the 
military and security forces of Burma have demonstrated significant 
progress in abiding by international human rights standards and are 
undertaking meaningful and significant security sector reform, 
including reforms that enhance transparency and accountability, to 
prevent future abuses and that each of the following criteria have been 
met:
            (1) The Burmese military and security forces adhere to 
        international humanitarian law, demonstrate significant 
        progress in abiding by international standards for human 
        rights, and pledge to stop future human rights abuses.
            (2) The Burmese military and security forces support 
        efforts to carry out meaningful and comprehensive 
        investigations of alleged abuses and are taking steps to hold 
        accountable those members of such military and security forces 
        responsible for human rights abuses.
            (3) The Government of Burma, including the military and 
        security forces, allow immediate and unfettered humanitarian 
        access to communities in areas affected by conflict, including 
        Rohingya communities in the State of Rakhine.
            (4) The Government of Burma, including the military and 
        security forces, cooperates with the United Nations High 
        Commissioner for Refugees and organizations affiliated with the 
        United Nations to ensure the protection of displaced persons 
        and the safe, voluntary, and dignified return of refugees and 
        internally displaced persons.
            (5) The Burmese military and security forces cease their 
        attacks against ethnic minority groups and constructively 
        participate in the conclusion of a credible, nationwide 
        ceasefire agreement, political accommodation, and 
        constitutional change, including the restoration of the 
        citizenship of the Rohingya.
            (6) The Government of Burma, including the military and 
        security forces, defines a transparent plan with a binding 
        timeline for professionalizing the military and security forces 
        and includes a process by which the military withdraws from 
        private-sector business enterprises and ceases involvement in 
        the illegal trade in natural resources and narcotics.
            (7) The Government of Burma establishes effective civilian 
        control over the finances of its military and security forces, 
        including by ensuring that the military does not have access to 
        off-budget income and that military expenditures are subject to 
        adequate civilian oversight.
    (b) Exceptions.--
            (1) Certain existing authorities.--The Secretary of Defense 
        shall retain the authority to conduct consultations with Burma 
        pursuant to the authorization under section 1253 of the Carl 
        Levin and Howard P. ``Buck'' McKeon National Defense 
        Authorization Act for Fiscal Year 2015 (22 U.S.C. 2151 note).
            (2) Hospitality.--The Secretary of State and the United 
        States Agency for International Development may provide 
        assistance authorized under part I of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2151 et seq.) to provide hospitality 
        during research, dialogues, meetings, or other activities by 
        the parties attending the Union Peace Conference 21st Century 
        Paneling or related processes seeking inclusive, sustainable 
        reconciliation.
    (c) Military Reform.--The certification required under subsection 
(a) shall include a written justification in unclassified form that may 
contain a classified annex describing the Burmese military's efforts to 
implement reforms, end impunity for human rights abuses, and increase 
transparency and accountability.
    (d) Rule of Construction.--Nothing in this Act may be construed to 
authorize the Secretary of Defense to provide assistance to the 
Government of Burma except as provided in this section.
    (e) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of Defense and the Secretary of State shall submit to 
        the appropriate congressional committees a report, in 
        unclassified form with a classified annex, on the strategy and 
        plans for military-to-military engagement between the United 
        States Armed Forces and the military and security forces of 
        Burma.
            (2) Elements.--The report required under paragraph (1) 
        shall include the following elements:
                    (A) A description and assessment of the Government 
                of Burma's strategy for security sector reform, 
                including plans to withdraw the military from owning or 
                controlling private-sector business entities and end 
                involvement in the illicit trade in jade and other 
                natural resources, reforms to end corruption and 
                illicit drug trafficking, and constitutional reforms to 
                ensure civilian control.
                    (B) A list of ongoing military activities conducted 
                by the United States Government with the Government of 
                Burma, and a description of the United States strategy 
                for future military-to-military engagements between the 
                United States and Burma's military and security forces, 
                including the military of Burma, the Burma Police 
                Force, and armed ethnic groups.
                    (C) An assessment of the progress of the military 
                and security forces of Burma towards developing a 
                framework to implement human right reforms, including--
                            (i) cooperation with civilian authorities 
                        to investigate and prosecute cases of serious, 
                        credible, or gross human rights abuses;
                            (ii) steps taken to demonstrate respect for 
                        and implementation of the laws of war; and
                            (iii) a description of the elements of the 
                        military-to-military engagement between the 
                        United States and Burma that promote such 
                        implementation.
                    (D) An assessment of progress on the peaceful 
                settlement of armed conflicts between the Government of 
                Burma and ethnic minority groups, including actions 
                taken by the military of Burma to adhere to cease-fire 
                agreements, allow for safe and voluntary returns of 
                displaced persons to their homes, and withdraw forces 
                from conflict zones.
                    (E) An assessment of the Burmese's military 
                recruitment and use of children as soldiers.
                    (F) An assessment of the Burmese's military's use 
                of violence against women, sexual violence, or other 
                gender-based violence as a tool of terror, war, or 
                ethnic cleansing.
    (f) Regular Consultations.--Any new program or activity carried out 
under this section shall be subject to prior consultation with the 
appropriate congressional committees.

SEC. 203. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN FOREIGN 
              PERSONS.

    (a) In General.--For the 8-year period beginning on the date that 
is 270 days after the date of the enactment of this Act, the President 
shall impose the sanctions described in subsection (b) with respect to 
each foreign person that the President determines--
            (1) is a current or former senior official of the military 
        or security forces of Burma who knowingly--
                    (A) perpetrated or is responsible for ordering or 
                otherwise directing serious human rights abuses in 
                Burma; or
                    (B) failed to investigate serious human rights 
                abuses allegedly committed by one or more subordinates 
                of such official, including against the Rohingya 
                community in the state of Rakhine;
            (2) is an entity owned or controlled by any person 
        described in paragraph (1); and
            (3) has knowingly provided or received significant 
        financial, material, or technological support to or from a 
        foreign person, including the immediate family members of such 
        person, described in paragraph (1) for any of the acts 
        described in subparagraph (A) or (B) of such paragraph.
    (b) Sanctions.--The sanctions described in this section are the 
following:
            (1) Asset blocking.--Notwithstanding the requirements of 
        section 202 of the International Emergency Economic Powers Act 
        (50 U.S.C. 1701), the exercise of all powers granted to the 
        President by such Act to the extent necessary to block and 
        prohibit all transactions in all property and interests in 
        property of a person the President determines meets one or more 
        of the criteria described in subsection (a) if such property 
        and interests in property are in the United States, come within 
        the United States, or are or come within the possession or 
        control of a United States person.
            (2) Aliens ineligible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--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, meets any of the 
                criteria described in subsection (a) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (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 revoke any 
                        visa or other entry documentation issued to an 
                        alien who meets any of the criteria described 
                        in subsection (a) regardless of when issued.
                            (ii) Effect of revocation.--A revocation 
                        under clause (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.
            (3) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (2) shall not apply to an 
        alien if admitting the alien into the United States is 
        necessary to permit the United States to comply with the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations.
    (c) Penalties.--Any person that violates, attempts to violate, 
conspires to violate, or causes a violation of this section or any 
regulation, license, or order issued to carry out subsection (b) shall 
be subject to the penalties set forth in subsections (b) and (c) of 
section 206 of the International Emergency Economic Powers Act (50 
U.S.C. 1705) to the same extent as a person that commits an unlawful 
act described in subsection (a) of that section.
    (d) Exceptions.--Subsection (b)(2) shall not apply to the admission 
of an individual to the United States if such admission is necessary to 
comply with United States obligations under the Agreement between the 
United Nations and the United States of America regarding the 
Headquarters of the United Nations, signed at Lake Success June 26, 
1947, and entered into force November 21, 1947, or under the Convention 
on Consular Relations, done at Vienna April 24, 1963, and entered into 
force March 19, 1967, or other international obligations of the United 
States.
    (e) Implementation.--The President may exercise the authorities 
provided under section 203 and 205 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this 
section.
    (f) Waiver.--
            (1) In general.--The President may annually waive the 
        application of sanctions required by subsection (a) with 
        respect to a person if the President--
                    (A) determines that such waiver is in the national 
                interest of the United States; and
                    (B) not later than the date on which such waiver 
                will take effect, submits to the congressional 
                committees listed in paragraph (2) a notice of and 
                justification for such waiver.
            (2) Congressional committees listed.--The congressional 
        committees listed in this paragraph are the following:
                    (A) The Committee on Foreign Affairs, the Committee 
                on Appropriations, and the Committee on Financial 
                Services of the House of Representatives.
                    (B) The Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.
    (g) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1001).
            (2) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (3) Knowingly.--The term ``knowingly'' means, with respect 
        to conduct, a circumstance, or a result, means that a person 
        has actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen, an alien lawfully 
                admitted for permanent residence to the United States, 
                or any other individual subject to the jurisdiction of 
                the United States; or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such entity.

SEC. 204. FORFEITURE OF PROPERTY.

    (a) Amendment to Property Subject to Forfeiture.--Section 981(a)(1) 
of title 18, United States Code, is amended by adding at the end the 
following:
                    ``(J) Any property, real or personal, that is 
                involved in a violation or attempted violation of, or 
                which constitutes or is derived from proceeds traceable 
                to, a prohibition imposed pursuant to section 203 of 
                the Burma Unified through Rigorous Military 
                Accountability Act of 2018.''.
    (b) Amendment to Definition of Civil Forfeiture.--Section 
983(i)(2)(D) of title 18, United States Code, is amended--
            (1) by striking ``, or the'' and inserting ``, the''; and
            (2) by adding at the end before the semicolon the 
        following: ``, or section 203 of the Burma United through 
        Rigorous Military Accountability Act of 2018''.

    TITLE III--GOVERNANCE OF THE BURMESE MINING AND GEMSTONE SECTOR

SEC. 301. SENSE OF CONGRESS ON THE BURMESE MINING SECTOR AND THE 
              IMPORTATION OF BURMESE GEMSTONES OR MINERALS.

    (a) Findings.--Congress finds the following:
            (1) In 2015, the nongovernmental organization Global 
        Witness estimated that the value of total production of jade in 
        Burma in 2014 was $31,000,000,000, almost 48 percent of the 
        official gross domestic product of Burma. As much as 80 percent 
        of that jade sold is smuggled out of Burma.
            (2) Burma's military and associated entities, including 
        companies owned or controlled by Myanmar Economic Corporation 
        and Myanmar Economic Holding Limited, their affiliated 
        companies and companies owned or controlled by current and 
        former senior military officers or their family members, are 
        deeply embedded in the mining sector, including the gemstone 
        industry, and benefit financially from widespread illicit 
        smuggling of jade and rubies from Burma.
            (3) Illegal trafficking in precious and semiprecious stones 
        from Burma, including the lucrative trade in high-value jade 
        and rubies, deprives the people of Burma and the civilian 
        government of critical revenue and instead benefits military-
        linked entities, non-state armed groups, and transnational 
        organized criminal networks.
            (4) The Government of Burma has begun to take steps to 
        reform aspects of the mining sector, including governance in 
        the gemstone industry by temporarily suspending the issuance or 
        renewal of jade and gemstone mining permits; commissioning an 
        environmental management plan for some mining areas; and 
        establishing the multi-stakeholder Jade and Gemstone Support 
        Committee under the Ministry of Natural Resources and 
        Environmental Conservation to develop recommendations for a new 
        industry-wide policy and limited gemstone payment disclosures 
        under the Myanmar Extractives Industry transparency Initiative.
            (5) The lifting in October 2016 of United States sanctions 
        on the importation of jadeite and rubies from Burma allowed 
        such gemstones to legally enter the United States market, but 
        some retailers have refrained from sourcing gemstones of 
        Burmese origin due to governance and reputational concerns.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should deepen engagement with the 
        Government of Burma with respect to the mining sector and 
        should make available technical, capacity-building and other 
        assistance through the Department of State or the United States 
        Agency for International Development to support the Government 
        of Burma in efforts to reform the gemstone industry; and
            (2) companies that seek to import into the United States 
        gemstones or minerals that may be of Burmese origin or articles 
        of jewelry containing such gemstones should--
                    (A) obtain such materials exclusively from entities 
                that satisfy the transparency criteria described in 
                section 302(b) or from third parties that can credibly 
                demonstrate that they sourced the materials from 
                entities that meet such criteria; and
                    (B) undertake robust due diligence procedures in 
                line with the Due Diligence Guidance for Responsible 
                Business Conduct and Due Diligence Guidance for 
                Responsible Supply Chains of Minerals from Conflict-
                Affected and High-Risk Areas of the Organization for 
                Economic Cooperation and Development.

SEC. 302. RESPONSIBILITY AND TRANSPARENCY IN THE MINING SECTOR.

    (a) List of Participating Entities.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, and not less than annually 
        thereafter until the date described in subsection (e), the 
        Secretary of State shall submit to the appropriate 
        congressional committees a list of the entities described in 
        each of subparagraphs (A) and (B) of paragraph (2) that--
                    (A) participate in Burma's mining sector;
                    (B) meet the criterion described in subsection 
                (b)(1); and
                    (C) meet or have made significant progress towards 
                meeting the criteria in subsections (b)(2) through 
                (b)(5).
            (2) Entities described.--The entities described in this 
        paragraph are the following:
                    (A) Entities that produce or process precious and 
                semiprecious gemstones.
                    (B) Entities that sell or export precious and 
                semiprecious gemstones from Burma or articles of 
                jewelry containing such gemstones.
    (b) Criteria Described.--The criteria described in this subsection 
are the following with respect to an entity:
            (1) The entity publicly discloses beneficial ownership, as 
        such term is defined for purposes of the Myanmar Extractive 
        Industry Transparency Initiative (Myanmar EITI), and the entity 
        is not owned or controlled, either directly or indirectly, by 
        the Burmese military or security forces, any current or former 
        senior Burmese military officer, or any person sanctioned by 
        the United States pursuant to any relevant sanctions authority.
            (2) The entity publicly discloses any politically exposed 
        persons as defined by the Extractive Industry Transparency 
        Initiative who are beneficial owners as defined under the 
        Myanmar EITI.
            (3) The entity publicly discloses valid authorization, 
        license, or permit to produce, process, sell, or export 
        minerals or gemstones, as applicable.
            (4) The entity publicly discloses payments to the 
        Government of Burma, including tax and non-tax, license, or 
        royalty payments, and other payments or contract terms as may 
        be required under Myanmar Extractive Industry Transparency 
        Initiative standards.
            (5) The entity undertakes robust due diligence, in line 
        with the OECD Due Diligence Guidance for Responsible Supply 
        Chains of Minerals from Conflict-Affected and High-Risk Areas, 
        including public reporting.
    (c) Publication of List.--The Secretary of State shall publish the 
list under subsection (a) and shall periodically update such list as 
appropriate.
    (d) Guidance.--The Secretary of State shall issue guidance to 
relevant companies regarding supply-chain due diligence best practices 
applicable to importation of gemstones or minerals that may be of 
Burmese origin or articles of jewelry containing such gemstones to 
mitigate the potential risks associated with the importation of such 
items.
    (e) Termination.--The requirement under subsection (a) shall 
terminate on the date on which the President certifies to the 
appropriate congressional committees that the Government of Burma has 
taken substantial measures to reform the mining sector in Burma, 
including the following:
            (1) Requiring the mandatory disclosure of payments, permit 
        and license allocations, project revenues, relevant contract 
        terms, and beneficial ownership, including identifying any 
        politically exposed persons who are beneficial owners, 
        consistent with the approach agreed under the Myanmar EITI and 
        with due regard for civil society participation.
            (2) Separating the commercial, regulatory, and revenue 
        collection responsibilities within the Myanmar Gems Enterprise 
        and other key state-owned enterprises to remove existing 
        conflicts of interest.
            (3) Monitoring and undertaking enforcement actions, as 
        warranted, to ensure that entities fully adhere to 
        environmental and social impact assessment and management 
        standards in accordance with international responsible mining 
        practices, the country's environmental conservation law and 
        other applicable laws and regulations, and that they uphold 
        occupational health and safety standards and codes of conduct 
        that are aligned with the core labor standards of the 
        International Labour Organisation and domestic law.
            (4) Actively seeking a comprehensive peace agreement that 
        addresses the transparent and fair distribution of benefits 
        from natural resources, including local benefit-sharing, taking 
        into consideration proposals on fiscal federalism for new 
        governance arrangements in resource-rich regions.
            (5) Implementing on a timely basis policy reforms aligned 
        with the recommendations of the multi-stakeholder Jade and 
        Gemstone Support Committee and reporting regularly on such 
        reforms.
            (6) Reforming the process for valuation of gemstones at the 
        mine-site, including developing an independent valuation system 
        to prevent undervaluation and tax evasion.
            (7) Requiring companies bidding for jade and ruby permits 
        to be independently audited upon the request of Myanmar Gems 
        Enterprise or the Minister of Natural Resources and 
        Environmental Conservation, and making the results of all such 
        audits public.
            (8) Establishing a credible and transparent permitting 
        process that closely scrutinizes applicants, including based on 
        past performance, and prevents unscrupulous entities from 
        gaining authorized access to concessions or the right to trade 
        in minerals or gemstones.
            (9) Establishing effective oversight of state-owned 
        enterprises operating in such sector, including through 
        parliamentary oversight or requirements for independent 
        financial auditing.
    (f) Authorization.--The Secretary of State is authorized to consult 
with appropriate officials of the Government of Burma to obtain such 
private-sector information as may be necessary to carry out this 
section.

   TITLE IV--ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES AND STRATEGY FOR 
                            ECONOMIC GROWTH

SEC. 401. DETERMINATION AND REPORT ON ACCOUNTABILITY FOR ETHNIC 
              CLEANSING, CRIMES AGAINST HUMANITY, AND GENOCIDE IN 
              BURMA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report that--
            (1) describes--
                    (A) allegations of ethnic cleansing, crimes against 
                humanity, and genocide in Burma; and
                    (B) potential transitional justice mechanisms in 
                Burma; and
            (2) includes a determination whether the events that took 
        place in the state of Rakhine in Burma, starting on August 25, 
        2017, constitute ethnic cleansing, crimes against humanity, or 
        genocide.
    (b) Elements.--The report required under subsection (a) shall 
include--
            (1) a description of--
                    (A) incidents that may constitute ethnic cleansing, 
                crimes against humanity, or genocide committed by the 
                Burmese military against the Rohingya minority and the 
                identities of any other actors involved in such 
                incidents;
                    (B) the role of the civilian government in the 
                commission of such incidents;
                    (C) incidents that may constitute ethnic cleansing, 
                crimes against humanity, or genocide committed by 
                violent extremist groups or anti-government forces;
                    (D) incidents that may violate the principle of 
                medical neutrality and, to the extent possible, the 
                identities of any individuals who engaged in or 
                organized such incidents; and
                    (E) to the extent possible, a description of the 
                conventional and unconventional weapons used for such 
                crimes and the sources of such weapons;
            (2) a description and assessment by the Department of 
        State, the United States Agency for International Development, 
        the Department of Justice, and other appropriate Federal 
        departments and agencies of programs that the United States has 
        already undertaken or is planning to undertake to ensure 
        accountability for ethnic cleansing, crimes against humanity, 
        and genocide perpetrated against the Rohingya by the military 
        and security forces of Burma, the state government of Rakhine, 
        Buddhist militias, and all other armed groups fighting in 
        Rakhine, including programs to--
                    (A) train civilian investigators within and outside 
                of Burma and Bangladesh on how to document, 
                investigate, develop findings of, and identify and 
                locate alleged perpetrators of ethnic cleansing, crimes 
                against humanity, or genocide in Burma;
                    (B) promote and prepare for a transitional justice 
                process or processes for the perpetrators of ethnic 
                cleansing, crimes against humanity, and genocide 
                occurring in the State of Rakhine in 2017; and
                    (C) document, collect, preserve, and protect 
                evidence of ethnic cleansing, crimes against humanity, 
                and genocide in Burma, including by providing support 
                for Burmese, Bangladeshi, foreign, and international 
                nongovernmental organizations, the United Nations Human 
                Rights Council's investigative team, and other entities 
                engaged in such investigative activities; and
            (3) a detailed study of the feasibility and desirability of 
        potential transitional justice mechanisms for Burma, including 
        a hybrid tribunal, to address ethnic cleansing, crimes against 
        humanity, and genocide perpetrated in Burma, including 
        recommendations on which transitional justice mechanisms the 
        United States should support, why such mechanisms should be 
        supported, and what type of support should be offered.
    (c) Protection of Witnesses and Evidence.--The Secretary of State 
shall take due care to ensure that the identification of witnesses and 
physical evidence are not publicly disclosed in a manner that might 
place such persons at risk of harm or encourage the destruction of 
evidence by the Government of Burma.
    (d) Authorization To Provide Technical Assistance.--
            (1) In general.--The Secretary of State, in consultation 
        with the Attorney General and the heads of other appropriate 
        Federal departments and agencies, is authorized to provide 
        assistance to support appropriate entities that are undertaking 
        the efforts described in paragraph (2) with respect to ethnic 
        cleansing, crimes against humanity, and genocide perpetrated by 
        the military and security forces of Burma, the state government 
        of Rakhine, Buddhist militias, and all other armed groups 
        fighting in Rakhine State.
            (2) Efforts against human rights abuses.--The efforts 
        described in this paragraph are the following:
                    (A) Identifying suspected perpetrators of ethnic 
                cleansing, crimes against humanity, and genocide.
                    (B) Collecting, documenting, and protecting 
                evidence of such crimes and preserve the chain of 
                custody for such evidence.
                    (C) Conducting criminal investigations.
                    (D) Supporting investigations conducted by other 
                countries, as appropriate.
            (3) Additional support.--The Secretary of State, in 
        consultation with the heads of other appropriate Federal 
        departments and agencies and the appropriate congressional 
        committees, and taking into account any relevant findings in 
        the report required by subsection (a), is authorized to support 
        the creation and operation of transitional justice mechanisms, 
        including a potential hybrid tribunal, to prosecute individuals 
        suspected of committing ethnic cleansing, crimes against 
        humanity, or genocide in Burma.

SEC. 402. STRATEGY FOR PROMOTING ECONOMIC GROWTH AND DEVELOPMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, the Secretary of the 
Treasury, and the Administrator of the United States Agency for 
International Development shall jointly submit to the appropriate 
congressional committees a strategy to support inclusive and enduring 
economic growth and development, in accordance with the priorities of 
the Government of Burma to improve economic conditions.
    (b) Elements.--The strategy required by subsection (a) shall 
include a plan to promote inclusive and enduring economic growth and 
development, including the following elements:
            (1) A road map for economic reforms that will--
                    (A) create and enabling environment for economic 
                growth and opportunity;
                    (B) enhance transparency, accountability and good 
                governance;
                    (C) diversify control and create competition in key 
                industries and sectors dominated by the current and 
                former military officials, the family members of such 
                officials, and businesspeople connected to the 
                military;
                    (D) increase transparency disclosure requirements 
                in key sectors to promote responsible investment;
                    (E) identify needs and opportunities to provide 
                technical assistance to key ministries, institutions, 
                and organizations to enact economic reforms, including 
                revisions to existing policies on public disclosure of 
                beneficial ownership of companies in key sectors that 
                will allow for identification of those seeking or 
                securing access to Burma's most valuable natural 
                resources; and
                    (F) promote responsible investment.
            (2) A work-plan, developed in collaboration with the 
        Government of Burma and the Myanmar Investment Commission to--
                    (A) establish a mechanism and enhance the capacity 
                of the Myanmar Investment Commission to identify and 
                exclude investors with a negative track record with 
                respect to corruption or fiscal, social, or 
                environmental harms;
                    (B) enhance transparency and disclosure through the 
                development and enforcement of robust transparency and 
                disclosure measures under domestic law, including 
                through incorporation of necessary elements of the 
                Organization for Economic Cooperation and Development's 
                due diligence frameworks into corporate disclosure 
                requirements;
                    (C) build capacity within civilian government 
                institutions, including to carry out effective 
                oversight over public- and military-owned entities and 
                to appropriately regulate private and public entities 
                with regard to environmental, social, financial, and 
                governance issues;
                    (D) support reform of the gemstone industry, 
                including through technical, capacity-building, and 
                other assistance, to address serious challenges and 
                help ensure that business activity in this industry 
                benefits the people of Burma;
                    (E) promote universal access to reliable, 
                affordable, and efficient electricity, including by 
                leveraging United States assistance to support reforms 
                in the electricity sector and electrification projects 
                that increase energy access through partnership with 
                multilateral organizations and the private sector;
                    (F) improve the government of Burma's ranking in 
                the World Bank's ``Doing Business'' report; and
                    (G) secure private property rights and land tenure.
    (c) Consultation Required.--In developing the strategy required by 
subsection (a), the Secretary of State shall consult with appropriate 
officials of the Government of Burma.
    (d) Report on Implementation.--
            (1) In general.--Not later than 180 days after the date of 
        the submission of the strategy required by subsection (a), the 
        Secretary of State, the Secretary of the Treasury, and the 
        Administrator of the United States Agency for International 
        Development shall jointly submit to the appropriate 
        congressional committees a report in unclassified form, that 
        may contain a classified annex, that describes the extent to 
        which United States assistance and the efforts of the 
        Government of Burma have promoted inclusive and enduring 
        economic development in accordance with such strategy.
            (2) Elements.--The report required by paragraph (1) shall 
        also address the efforts undertaken, progress achieved, and any 
        next steps planned by either the United States or the 
        Government of Burma with respect to--
                    (A) the elements in section 301(b);
                    (B) the promotion of accountability and 
                transparency, including through the collection, 
                verification, and publication of beneficial ownership 
                information related to extractive industries; and
                    (C) the promotion of best practices regarding--
                            (i) environmental conservation, management, 
                        and planning;
                            (ii) social impact assessments, including 
                        social and cultural protection and free, prior, 
                        and informed consent and meaningful 
                        participation of local populations, 
                        particularly minority ethnic nationalities;
                            (iii) avoidance of displacement of local 
                        populations without meaningful consultation and 
                        consent, harm mitigation, or compensation; and
                            (iv) due diligence procedures in accordance 
                        with the United Nations Guiding Principles on 
                        Business and Human Rights and the Due Diligence 
                        Guidance for Responsible Business Conduct and 
                        Due Diligence Guidance for Responsible Supply 
                        Chains of Minerals from Conflict-Affected and 
                        High-Risk Areas of the Organization for 
                        Economic Cooperation and Development.
                                 <all>
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