I 
117TH CONGRESS 
1ST SESSION H. R. 5497 
To authorize humanitarian assistance and civil society support, promote de-
mocracy and human rights, and impose targeted sanctions with respect 
to human rights abuses in Burma, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2021 
Mr. MEEKS (for himself, Mr. CHABOT, Mr. MCCAUL, Mr. BERA, Ms. BASS, 
Mr. CASTRO of Texas, Ms. OMAR, Mr. FITZPATRICK, Mr. LIEU, Ms. 
NORTON, Ms. BONAMICI, Mrs. KIM of California, Mr. KRISHNAMOORTHI, 
Mr. KHANNA, Mr. VARGAS, Ms. TENNEY, Mrs. NAPOLITANO, Ms. LOIS 
FRANKEL of Florida, Mr. MCGOVERN, Ms. MENG, Mr. MEIJER, Ms. 
MANNING, Mr. BLUMENAUER, and Mr. ESPAILLAT) introduced the fol-
lowing bill; which was referred to the Committee on Foreign Affairs, and 
in addition to the Committees on the Judiciary, Financial Services, and 
Ways and Means, 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 authorize humanitarian assistance and civil society sup-
port, promote democracy and human rights, and impose 
targeted sanctions with respect to human rights abuses 
in Burma, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 2021’’ or the ‘‘BURMA Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) BURMESE MILITARY.—The term ‘‘Burmese 
military’’— 
(A) means to 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 system-
atic attack directed against any civilian population, 
with knowledge of the attack: 
(A) Murder. 
(B) Forced transfer of population. 
(C) Torture. 
(D) Extermination. 
(E) Enslavement. 
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(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, na-
tional, ethnic, cultural, religious, gender, or 
other grounds that are universally recognized as 
impermissible under international law. 
(I) Imprisonment or other severe depriva-
tion of physical liberty in violation of funda-
mental rules of international law. 
(3) EXECUTIVE ORDER 14014.—The term ‘‘Ex-
ecutive 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 ‘‘tran-
sitional justice’’ means the range of judicial, non-
judicial, 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 
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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. 
SEC. 3. FINDINGS. 
Congress makes the following findings: 
(1) Since 1988, the United States policy of 
principled engagement has fostered positive demo-
cratic 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 elec-
tions resulting in resounding electoral victories for 
the National League for Democracy. 
(2) That democratic transition remained incom-
plete, with the military retaining significant power 
and independence from civilian control following the 
2015 elections, including through control of 25 per-
cent of parliamentary seats, a de facto veto over con-
stitutional reform, authority over multiple govern-
ment ministries, and the ability to operate with im-
punity 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 
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government following credible elections in 2015, 
Burma’s military and civilian 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 associa-
tion, and freedom of religion or belief. In 2017, Bur-
mese 
authorities 
oversaw 
a 
genocide 
against 
Rohingya, which caused almost 1,000,000 Rohingya 
to seek refuge in neighboring Bangladesh. 
(4) On February 1, 2021, the Burmese military 
conducted a coup d’e´tat, 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 de-
mocracy and disregarding the will of the people of 
Burma as expressed in the November 2020 elections, 
which were determined to be credible by inter-
national and national observers. 
(5) Following the coup, some ousted members 
of parliament established the Committee Rep-
resenting the Pyidaungsu Hluttaw, which subse-
quently released the Federal Democracy Charter in 
March 2021 and established the National Unity 
Government in April 2021. In June 2021, the Na-
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tional 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. 
(6) Since the coup on February 1, 2021, the 
Burmese military has— 
(A) used lethal force on peaceful protestors 
on multiple occasions, killing more than 1,100 
people, including more than 50 children; 
(B) detained more than 4,000 peaceful 
protestors, participants in the Civil Disobe-
dience Movement, labor leaders, government of-
ficials and elected members of parliament, 
members of the media, and others, according to 
the Assistance Association for Political Pris-
oners; 
(C) issued laws and directives that could 
be used to further impede fundamental free-
doms, including freedom of expression (includ-
ing for members of the press), freedom of 
peaceful assembly, and freedom of association; 
and 
(D) imposed restrictions on the internet 
and telecommunications. 
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(7) More than 230,000 people have been inter-
nally displaced since the coup, while thousands of 
others have sought refuge in neighboring countries, 
and the Burmese military continues to block human-
itarian assistance to populations in need. According 
to the World Health Organization, the military has 
carried out more than 250 attacks on health care 
entities since the coup and killed at least 18 health 
workers. Dozens more have been arbitrarily detained 
and hundreds have warrants out for their arrest. 
The military has continued such attacks even as 
they inhibit 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. 
(8) 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’e´tat 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 
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protestors during pro-democracy demonstrations in 
1988 and 2007. 
(9) The military also has a long history of vio-
lent repression of ethnic and religious minorities. 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 Gov-
ernment of Burma has since taken no steps to im-
prove conditions for Rohingya still in Rakhine State, 
who remain at high risk of genocide and other atroc-
ities, or to create conditions conducive to the return 
of Rohingya refugees. 
(10) The Burmese military has also engaged in 
renewed violence with other ethnic minority groups 
across the country. Since 2018, fighting between the 
Burmese military and the Arakan Army has dis-
placed more than 220,000 people in Rakhine and 
Chin States, including more than 130,000 Rohingya 
confined to camps since 2012. The military has con-
tinued to commit atrocities in Kachin and Shan 
States that a 2019 report by Amnesty International 
described as ‘‘relentless and ruthless’’. Fighting in 
northern Burma has forced more than 100,000 peo-
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ple from their homes and into camps for internally 
displaced persons. The Government of Burma con-
tinues to heavily proscribe humanitarian and media 
access to conflict-affected populations across the 
country. 
(11) With more than $500,000,000 in humani-
tarian assistance provided to Burma and Ban-
gladesh in 2020 alone, the United States is the larg-
est 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 ur-
gent needs of Rohingya refugees and host commu-
nities in Bangladesh and people affected by ongoing 
violence in Burma’s Rakhine, Kachin, Shan, and 
Chin states. In August 2021, the United States pro-
vided $50,000,000 in critical humanitarian assist-
ance to the people of Burma. 
(12) 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. 
(13) In its report dated September 17, 2018, 
the United Nations Independent International Fact- 
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Finding Mission on Myanmar concluded, on reason-
able 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 human-
ity’’ and ‘‘war crimes’’. The Independent Inter-
national Fact-Finding Mission on Myanmar estab-
lished 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 Inter-
national Criminal Court or alternatively by creating 
an ad hoc international criminal tribunal’’. The Mis-
sion also recommended the imposition of targeted 
economic sanctions, including an arms embargo on 
Burma. 
(14) 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 ex-
tractive industry businesses operating in conflict-af-
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fected areas in northern Burma, including natural 
resources, particularly oil and gas, minerals and 
gems and argued that ‘‘through controlling its own 
business empire, the Tatmadaw can evade the ac-
countability and oversight that normally arise from 
civilian oversight of military budgets’’. The report 
called for the United Nations and individual govern-
ments to place targeted sanctions on all senior offi-
cials in the Burmese military as well as their eco-
nomic interests, especially Myanma Economic Hold-
ings Limited and Myanmar Economic Corporation. 
(15) On February 11, 2021, President Biden 
issued Executive Order 14014 in response to the 
coup d’e´tat, authorizing sanctions against the Bur-
mese military, its economic interests, and other per-
petrators of the coup. 
(16) Since the issuance of Executive Order 
14014, the Department of the Treasury has imposed 
sanctions with respect to— 
(A) multiple high-ranking individuals and 
their family members, including the Com-
mander-in-Chief of the Burmese military, Min 
Aung Hlaing; 
(B) state-owned and military controlled 
companies, including Myanmar Ruby Enter-
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prise, Myanmar Imperial Jade Co., Ltd., and 
Cancri (Gems and Jewellery) Co., Ltd; and 
(C) other corporate entities and Burmese 
military entities, including the military regime’s 
State Administrative Council. 
(17) Pursuant to Executive Order 14014, the 
United States has also implemented new restrictions 
on exports and reexports to Burma. 
(18) On March 22, 2021, the United States 
designated Burma’s Chief of Police, Than Hlaing, 
and the Bureau of Special Operations commander, 
Lieutenant General Aung Soe, for the imposition of 
sanctions pursuant to Executive Order 14014. The 
United States further designated 2 army units, the 
33rd and 77th Light Infantry Divisions, for the im-
position of sanctions pursuant to Executive Order 
14014, for being responsible for or complicit in, or 
having directly or indirectly engaged or attempted to 
engage in, actions or policies that prohibit, limit, or 
penalize the exercise of freedom of expression or as-
sembly by people in Burma. 
(19) On March 25, 2021, the United States 
designated 2 entities linked to the coup leaders, 
Myanma Economic Holdings Public Company Lim-
ited and Myanmar Economic Corporation Limited. 
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Those entities are the 2 largest military holding 
companies in Burma, and all shares in those entities 
are held and managed by current or former mem-
bers of Burmese military regiments or units, or or-
ganizations led by former members of such regi-
ments or units. 
(20) On April 8, 2021, the United States des-
ignated Myanma Gems Enterprise, a Burmese state- 
owned entity that is responsible for all gemstone ac-
tivities in Burma, for the imposition of sanctions 
pursuant to Executive Order 14014. Gemstones are 
a key economic resource for the Burmese military 
regime. 
(21) On May 17, 2021, the United States des-
ignated 16 individuals and one entity connected to 
Burma’s military regime, including 13 key members 
of the Burmese military and 3 adult children of pre-
viously designated Burmese military officials, for the 
imposition of sanctions pursuant to Executive Order 
14014. 
(22) On July 2, 2021, the United States added 
the following 4 entities to the Entity List set forth 
in Supplement No. 4 to part 744 of title 15, Code 
of Federal Regulations, in response to the February 
1, 2021, military coup in Burma: 
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(A) King Royal Technologies Co., Ltd., a 
telecommunications company that provides sat-
ellite communications services in support of the 
Burmese military. 
(B) Wanbao Mining and its 2 subsidiaries, 
Myanmar Wanbao Mining Copper, Ltd., and 
Myanmar Yang Tse Copper, Ltd., copper min-
ing companies that have revenue-sharing agree-
ments with Myanmar Economic Holdings Lim-
ited. 
(23) Myanmar Economic Holdings Limited was 
added to the Entity List in March 2021. Myanmar 
Economic Holdings Limited provides revenue for 
Burma’s Ministry of Defense, an entity responsible 
for the military coup that was also added to the En-
tity List in March 2021. Additionally, 3 of the newly 
added entities, Wanbao Mining and its 2 subsidi-
aries, have long been reportedly linked to abuses of 
labor rights and human rights. 
(24) On July 2, 2021, the United States des-
ignated 22 individuals connected to Burma’s mili-
tary regime for the imposition of sanctions pursuant 
to Executive Order 14014. Among the individuals so 
designated were 7 key members of the Burmese mili-
tary, which continues to repress the pro-democracy 
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movement in the country and use lethal force 
against the people of Burma, including children and 
members of ethnic minority groups. The other 15 in-
dividuals are the spouses or adult children of pre-
viously designated senior Burmese military officials 
whose financial networks have contributed to mili-
tary officials’ ill-gotten gains. 
TITLE I—MATTERS RELATING 
TO THE CONFLICT IN BURMA 
SEC. 101. 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 engage-
ment, which is essential to support the establishment 
of a peaceful, prosperous, and democratic Burma 
that includes respect for the human rights of all in-
dividuals regardless of ethnicity and religion; 
(3) to ensure that the objectives guiding such a 
strategy include— 
(A) restoring to power a civilian govern-
ment that reflects the will of the people of 
Burma; 
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(B) supporting constitutional reforms, en-
suring civilian governance and oversight over 
the military, including reforms— 
(i) to the provisions reserving 25 per-
cent of parliamentary seats for appoint-
ments by the military, which provides the 
military with veto power over constitutional 
amendments; and 
(ii) to provisions granting the military 
control over the Ministry of Defense, the 
Ministry of Border Affairs, and the Min-
istry of Home Affairs; 
(C) assisting in the establishment of a fully 
democratic, civilian-led, pluralistic, and rep-
resentative political system that includes free, 
fair, credible, and democratic elections in which 
all people of Burma, including all ethnic minori-
ties, can participate in the political process at 
all levels including the right to vote and to run 
for elected office; 
(D) supporting 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 
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respect for and protection of human rights, in-
cluding freedom of religion or belief; 
(E) securing the unconditional release of 
all prisoners of conscience and political pris-
oners in Burma; 
(F) strengthening Burma’s civilian govern-
mental institutions, including support for great-
er transparency and accountability once the 
military is no longer in power; 
(G) empowering and resourcing local com-
munities, civil society organizations, and inde-
pendent media; 
(H) promoting 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, and 
Kayin, and other ethnic groups and leads to the 
development of a political system that effec-
tively addresses natural resource governance, 
revenue-sharing, land rights, and constitutional 
change enabling inclusive peace; 
(I) ensuring the protection and non- 
refoulement of refugees fleeing Burma to neigh-
boring countries and prioritizing efforts to cre-
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ate 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 eth-
nic and religious minorities in Burma, including 
by creating conditions for the dignified, safe, 
sustainable, and voluntary return of refugees in 
Bangladesh, Thailand, and in the surrounding 
region, and offering compensation or restitution 
to those who do not want to return; 
(J) supporting an immediate end to re-
strictions 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 forc-
ibly segregate Rohingya, and providing humani-
tarian support for all internally displaced per-
sons in Burma; 
(K) ensuring humanitarian actors, media, 
and human rights mechanisms, including those 
established by the United Nations Human 
Rights Council and the United Nations General 
Assembly, have full and unhindered humani-
tarian access to all relevant areas of Burma, in-
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cluding Rakhine, Chin, Kachin, Shan, and 
Kayin States; 
(L) ensuring accountability through inde-
pendent, credible international investigations 
for any potential genocide, war crimes, and 
crimes against humanity, including those involv-
ing sexual and gender-based violence and vio-
lence against children, perpetrated against eth-
nic minorities, including Rohingya, by members 
of the military and security forces of Burma, 
and other armed groups involved in conflict; 
(M) ensuring the military, security, and 
police forces operate under civilian control and 
are held accountable in civilian courts for 
human rights abuses, corruption, and other 
abuses of power; 
(N) promoting broad-based, inclusive eco-
nomic development and fostering healthy and 
resilient communities; 
(O) combating corruption and illegal eco-
nomic activity, including that which involves the 
military and its close allies; and 
(P) promoting responsible international 
and regional engagement; 
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(4) to support and advance the strategy of cali-
brated engagement, impose targeted sanctions with 
respect to the Burmese military’s economic interests 
and major sources of income for the Burmese mili-
tary, including with respect to— 
(A) officials in Burma, including the Com-
mander in Chief of the Armed Forces of 
Burma, Min Aung Hlaing, and all individuals 
described in paragraphs (1), (2), and (3) of sec-
tion 202(a), under the authorities provided by 
title II, Executive Order 14014, and the Global 
Magnitsky Human Rights Accountability 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 Eco-
nomic Corporation, Union of Myanmar Eco-
nomic Holding, Ltd., and all other entities de-
scribed in section 202(a)(4), under the authori-
ties 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-Demo-
cratic Efforts) Act of 2008 (Public Law 110– 
286; 50 U.S.C. 1701 note), other relevant stat-
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utory authorities, and Executive Order 14014; 
and 
(C) state-owned economic enterprises if the 
Secretary of the Treasury or other competent 
authority determines that— 
(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 civil-
ian government in Burma, or the national 
interest of the United States; and 
(5) to ensure that any sanctions imposed with 
respect to entities or individuals are carefully tar-
geted to maximize impact on the military and secu-
rity forces of Burma and its economic interests while 
minimizing impact on the people of Burma, recog-
nizing 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. 
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TITLE II—SANCTIONS AND IM-
PORT 
RESTRICTIONS 
WITH 
RESPECT TO BURMA 
Subtitle A—Imposition of Sanctions 
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
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 ac-
count’’ and ‘‘payable-through account’’ have the 
meanings given those terms in section 5318A of title 
31, United States Code. 
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(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 per-
son’’ 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 in-
dividual or entity. 
(8) SUPPORT.—The term ‘‘support’’, with re-
spect to the Burmese military, means to knowingly 
have materially assisted, sponsored, or provided fi-
nancial, 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 law-
fully admitted to the United States for perma-
nent residence; 
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(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 re-
spect to any foreign person that the President deter-
mines— 
(1) knowingly operates or operated in the de-
fense sector of the Burmese economy; 
(2) is responsible for or complicit in, or has di-
rectly or indirectly and knowingly engaged or at-
tempted to engage 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 
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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) to knowingly be or have been a senior leader 
or official 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 Dep-
uty 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 para-
graph (2); 
(4) knowingly operates— 
(A) any entity that is a state-owned eco-
nomic 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 
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(A), or a successor to such an entity, that bene-
fits the Burmese military; 
(5) knowingly and materially violates, attempts 
to violate, conspires to violate, or has caused or at-
tempted to cause a violation of any license, order, 
regulation, or prohibition contained in or issued pur-
suant 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 trans-
action or transactions for or on behalf of a person 
described, or a person that has engaged in the activ-
ity described, as the case may be, in any of para-
graphs (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 techno-
logical support for, or goods or services to or in sup-
port of, a person described, or a person that has en-
gaged in the activity described, as the case may be, 
in any of paragraphs (1) through (6). 
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(b) ADDITIONAL MEASURE RELATING TO FACILITA-
TION 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 pay-
able-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 fa-
cilitated a significant transaction or transactions on behalf 
of a foreign person described in subsection (a). 
(c) DISCRETIONARY SANCTIONS.— 
(1) IN GENERAL.—Beginning on the date that 
is 60 days after the date of the enactment of this 
Act, the President may impose the sanctions de-
scribed in subsection (d) with respect to the 
Myanma Oil and Gas Enterprise if the President de-
termines and certifies to the appropriate congres-
sional committees, not later than 30 days before im-
posing such sanctions, that imposing sanctions with 
respect to the Myanma Oil and Gas Enterprise— 
(A) would reduce the ability of the Bur-
mese military to engage in the activities de-
scribed in subparagraphs (A) through (D) of 
subsection (a)(2); 
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(B) would bring benefits to the people of 
Burma that exceed the potential negative im-
pacts of the sanctions on the humanitarian and 
economic outlook of the people of Burma; and 
(C) is in the national interest of the 
United States. 
(2) LICENSES.—The Secretary of the Treasury 
may grant a license to allow the Myanma Oil and 
Gas Enterprise and a joint venture in which the 
Myanma Oil and Gas Enterprise participates to con-
tinue operating in a manner that does not provide 
revenue or other economic benefits to the Burmese 
military or members of the Burmese military. 
(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 
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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 ex-
change that are subject to the jurisdiction of the 
United States and in which the foreign person has 
any interest. 
(3) ALIENS INADMISSIBLE FOR VISAS, ADMIS-
SION, OR PAROLE.— 
(A) IN GENERAL.—An alien described in 
subsection (a) is— 
(i) inadmissible to the United States; 
(ii) ineligible for a visa or travel to the 
United States; and 
(iii) otherwise ineligible to be admitted 
or paroled into the United States or to re-
ceive any other benefit under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(B) CURRENT VISAS REVOKED.— 
(i) IN GENERAL.—The visa or other 
documentation issued to an alien described 
in subsection (a) shall be revoked, regard-
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less of when such visa or other documenta-
tion is or was issued. 
(ii) EFFECT OF REVOCATION.—A visa 
or other entry documentation revoked 
under clause (i) shall, in accordance with 
section 221(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1201(i)), no longer 
be valid for travel to the United States. 
(e) EXCEPTIONS.— 
(1) EXCEPTION FOR INTELLIGENCE, LAW EN-
FORCEMENT, 
AND
NATIONAL
SECURITY
ACTIVI-
TIES.—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 UNITED NA-
TIONS
HEADQUARTERS
AGREEMENT.—Sanctions 
under subsection (d)(3) shall not apply with respect 
to the admission of an alien to the United States if 
the admission of the alien is necessary to permit the 
United States to comply with the Agreement regard-
ing the Headquarters of the United Nations, signed 
at Lake Success June 26, 1947, and entered into 
force November 21, 1947, between the United Na-
tions and the United States, the Convention on Con-
sular Relations, done at Vienna April 24, 1963, and 
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entered into force March 19, 1967, or other applica-
ble international obligations. 
(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 re-
strictions 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. 
(2) SUNSET.—The authority to issue a waiver 
under paragraph (1) shall terminate on the date 
that is 2 years after the date of enactment of this 
Act. 
(g) IMPLEMENTATION; PENALTIES.— 
(1) IMPLEMENTATION.—The President may ex-
ercise all authorities provided to the President under 
sections 203 and 205 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1702 and 
1704) to carry out this subtitle. 
(2) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of this subtitle or any regulation, license, or 
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order issued to carry out this subtitle shall be sub-
ject 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 de-
scribed in subsection (a) of that section. 
(h) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of the Treas-
ury, in consultation with the Secretary of State and the 
heads of other United States Government agencies, as ap-
propriate, 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 pursu-
ant to subsection (a) or Executive Order 14014 re-
mains 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 sanc-
tions authorities; 
(3) makes recommendations for how the sources 
of income described in paragraph (2) can be reduced 
or blocked; and 
(4) evaluates the implications of imposing sanc-
tions on the Burmese-government owned Myanmar 
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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. 
SEC. 203. AUTHORIZATION TO PROHIBIT IMPORTS FROM 
THE BURMESE GEMSTONE SECTOR. 
(a) IN GENERAL.—The President may prohibit all 
imports of precious and semi-precious gemstones from 
Burma into the United States. 
(b) TERMINATION.—This section shall terminate on 
the date on which the President submits to the appro-
priate congressional committees a certification that— 
(1) the Burmese military has released all polit-
ical prisoners taken into custody on or after Feb-
ruary 1, 2021; 
(2) the elected government has been reinstated 
or new free and fair elections have been held; 
(3) all legal charges against those winning elec-
tion in November 2020 are dropped; 
(4) the 2008 Constitution of Burma has been 
amended or replaced to place the Burmese military 
under civilian oversight and the Burmese military no 
longer automatically receives 25 percent of seats in 
Burma’s state, regional, and national Hluttaws; 
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(5) that the gemstone sector of Burma is free 
from the influence of the Burmese military and that 
none of the entities described in section 202(a) hold 
gemstone permits; 
(6) Burma has been re-admitted to the Extrac-
tive Industries Transparency Initiative; 
(7) all entities participating in the gemstone 
sector in Burma have publicly disclosed their bene-
ficial ownership consistent with requirements set 
forth in the guidelines of the Extractive Industries 
Transparency Initiative; 
(8) the licensing and permitting process is con-
ducted in a transparent and open manner, with con-
tracts disclosed publicly; and 
(9) the Myanma Gems Enterprise no longer 
acts as both a regulator and commercial partner in 
mining enterprises. 
SEC. 204. 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 enact-
ment of this Act, the President may not remove a person 
described in subsection (b) from the list of specially des-
ignated nationals and blocked persons maintained by the 
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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 de-
scribed in this subsection, with respect to a person de-
scribed in subsection (b), is a certification that the person 
has not knowingly assisted in, sponsored, or provided fi-
nancial, 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 organi-
zation under Executive Order 13581 (50 U.S.C. 
1701 note; relating to blocking property of 
transnational criminal organizations); or 
(4) any other person on the SDN list. 
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(d) FORM.—A certification described in subsection 
(c) shall be submitted in unclassified form but may include 
a classified annex. 
SEC. 205. SUNSET. 
(a) IN GENERAL.—The authority to impose sanctions 
under this title shall terminate on the date that is 8 years 
after the date of the enactment of this Act. 
(b) CONTINUATION
IN EFFECT
OF SANCTIONS.— 
Sanctions imposed under this subtitle on or before the 
date specified in subsection (a), and in effect as of such 
date, shall remain in effect until the date on which the 
President submits to the appropriate congressional com-
mittees a certification that— 
(1) the Burmese military has released all polit-
ical prisoners taken into custody on or after Feb-
ruary 1, 2021; 
(2) the elected government has been reinstated 
or new free and fair elections have been held; 
(3) all legal charges against those winning elec-
tion 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 the Burmese military no 
longer automatically receives 25 percent of seats in 
Burma’s state, regional, and national Hluttaws. 
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Subtitle B—Coordination of 
Sanctions 
SEC. 211. SANCTIONS AND POLICY COORDINATION FOR 
BURMA. 
(a) IN GENERAL.—The Secretary of State may des-
ignate an official of the Department of State to serve as 
the United States Special Coordinator for Burmese De-
mocracy (in this section referred to as the ‘‘Special Coordi-
nator’’). 
(b) CENTRAL OBJECTIVE.—The Special Coordinator 
should develop a comprehensive strategy for the implemen-
tation of the full range of United States diplomatic capa-
bilities, 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 bu-
reaus 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 sanc-
tions under section 202 and coordinate with other 
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United States Government agencies and inter-
national financial intelligence units to assist in ef-
forts to enforce anti-money laundering and anti-cor-
ruption laws and regulations; 
(3) promoting a comprehensive international ef-
fort to impose and enforce multilateral sanctions 
with respect to Burma; 
(4) coordinating with and supporting inter-
agency United States Government efforts, including 
efforts of the United States Ambassador to Burma 
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, in-
cluding through the introduction and adoption 
of a United Nations Security Council resolu-
tion; 
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(C) engaging in direct dialogue with Bur-
mese civil society, democracy advocates, ethnic 
minority representative groups, and organiza-
tions or groups representing the protest move-
ment 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 Gov-
ernment to incorporate accountability mecha-
nisms in relation to the atrocities against 
Rohingya and other ethnic groups, to take fur-
ther steps to make its leadership and member-
ship 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 organiza-
tions operating in Burma and neighboring 
countries working to restore civilian democratic 
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rule to Burma and to address the urgent hu-
manitarian needs of the people of Burma; and 
(5) providing timely input for reporting on the 
impacts of the implementation of sections 202 and 
203 on the Burmese military and the people of 
Burma. 
TITLE III—HUMANITARIAN AS-
SISTANCE AND CIVIL SOCI-
ETY 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 author-
ized to provide support to civil society in Burma, Ban-
gladesh, 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; 
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(B) providing access to secure channels for 
communication; 
(C) assisting individuals forced to flee from 
Burma and take shelter in neighboring coun-
tries, including in ensuring protection assist-
ance 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 ef-
forts to promote freedom, democracy, and human 
rights in Burma, by— 
(A) providing aid and training to democ-
racy activists in Burma; 
(B) providing aid to individuals and groups 
conducting democracy programming outside of 
Burma targeted at a peaceful transition to con-
stitutional democracy inside Burma; 
(C) providing aid and assistance to inde-
pendent media outlets and journalists and 
groups working to protect internet freedom and 
maintain independent media; 
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(D) expanding radio and television broad-
casting into Burma; and 
(E) providing financial support to civil so-
ciety organizations and nongovernmental orga-
nizations 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 
2022 through 2027. 
SEC. 302. HUMANITARIAN ASSISTANCE AND RECONCILI-
ATION. 
(a) AUTHORIZATION TO PROVIDE HUMANITARIAN 
ASSISTANCE.—The Secretary of State and the Adminis-
trator of the United States Agency for International De-
velopment are authorized to provide humanitarian assist-
ance and reconciliation activities for ethnic groups and 
civil society organizations in Burma, Bangladesh, Thai-
land, and the surrounding region, including— 
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(1) assistance for victims of violence by the 
Burmese military, including Rohingya and individ-
uals from other ethnic minorities displaced or other-
wise affected by conflict, in Burma, Bangladesh, 
Thailand, and the surrounding region; 
(2) support for voluntary resettlement or repa-
triation of displaced individuals in Burma, upon the 
conclusion of genuine agreements developed and ne-
gotiated with the involvement and consultation of 
the displaced individuals and if resettlement or repa-
triation is safe, voluntary, and dignified; 
(3) support for the promotion of ethnic and re-
ligious tolerance, improving social cohesion, com-
bating gender-based violence, increasing the engage-
ment of women in peacebuilding, and mitigating 
human rights violations and abuses against children; 
(4) support for— 
(A) primary, secondary, and tertiary edu-
cation for displaced children living in areas of 
Burma affected by conflict; and 
(B) refugee camps in the surrounding re-
gion and opportunities to access to higher edu-
cation in Bangladesh and Thailand; 
(5) capacity-building support— 
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(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 fa-
cilitate the participation of displaced individuals 
in such processes; and 
(6) increased humanitarian aid to Burma to ad-
dress the dire humanitarian situation that has up-
rooted 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 2022. 
SEC. 303. AUTHORIZATION OF ASSISTANCE FOR BURMA PO-
LITICAL PRISONERS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the freedom of expression is an inalienable 
right; 
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(2) the Government of Burma must imme-
diately drop defamation charges against all individ-
uals unjustly detained, including the 3 Kachin activ-
ists, 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 si-
lence community leaders and human rights defend-
ers who speak out about military abuses and their 
impact on civilian populations; 
(3) freedom of expression, including for mem-
bers of the press, is a human right and should be 
upheld and protected in Burma and everywhere, and 
Burmese authorities must immediately cease the ar-
bitrary arrest, detention, imprisonment, and physical 
attacks of journalists, which have created a climate 
of fear and self-censorship among local journalists; 
and 
(4) the Burmese military should immediately 
and unconditionally release Danny Fester and other 
journalists unjustly detained for their work. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States that— 
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(1) all prisoners of conscience and political pris-
oners in Burma should be unconditionally and im-
mediately released; 
(2) all diplomatic tools of the United States 
should be invoked to ensure that all prisoners of 
conscience and political prisoners in Burma are re-
leased; and 
(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 as-
sembly all comply with Burma’s human rights obli-
gations. 
(c) POLITICAL PRISONERS ASSISTANCE.—The Sec-
retary of State is authorized to continue to provide assist-
ance 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 con-
science and political prisoners; 
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(2) support for advocacy in Burma to raise 
awareness of issues relating to prisoners of con-
science 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 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 po-
litical prisoners and prisoners of conscience, their 
families, and their representatives, of an inde-
pendent prisoner review mechanism in Burma— 
(A) to review the cases of individuals who 
may have been charged or deprived of their lib-
erty for peacefully exercising their human 
rights; 
(B) to review all laws used to arrest, pros-
ecute, and punish individuals as political pris-
oners and prisoners of conscience; and 
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(C) to provide recommendations to the 
Government of Burma for the repeal or amend-
ment of all such laws. 
TITLE IV—ACCOUNTABILITY 
FOR HUMAN RIGHTS ABUSES 
SEC. 401. EVALUATION OF ATTACKS AGAINST ROHINGYA IN 
BURMA. 
(a) IN GENERAL.—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 represented on the Atrocity Early 
Warning Task Force and representatives of human rights 
organizations, as appropriate, shall submit to the appro-
priate congressional committees an evaluation of the per-
secution of, including attacks against, Rohingya in Burma 
by the Burmese military, including— 
(1) an assessment of whether the situation con-
stitutes genocide (as defined in section 1091 of title 
18, United States Code); and 
(2) a detailed description of any proposed atroc-
ities prevention response recommended by the Atroc-
ity Early Warning Task Force. 
(b) FORM.— 
(1) IN GENERAL.—The evaluation required by 
subsection (a) shall be submitted in unclassified 
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form, but may include a classified annex as nec-
essary. 
(2) PUBLICATION
OF
UNCLASSIFIED
POR-
TION.—The unclassified portion of the evaluation re-
quired by subsection (a) shall be posted on a publicly 
available internet website of the Department of 
State. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional 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 Rep-
resentatives. 
SEC. 402. 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 mecha-
nisms and special procedures of the United Nations 
Human Rights Council, including the United Na-
tions Independent Investigative Mechanism for 
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Myanmar and the Special Rapporteur on the situa-
tion 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 cred-
ible and impartial and notifies the appropriate con-
gressional 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, as appropriate, shall submit 
to the appropriate congressional committees a report 
that— 
(1) after consulting with the Atrocity Early 
Warning Task Force, or any successor entity or of-
fice, provides a detailed description of any proposed 
atrocity prevention response recommended by the 
Task Force; 
(2) summarizes any atrocity crimes committed 
against Rohingya or members of other ethnic minor-
ity groups in Burma between 2012 and the date of 
the submission of the report; 
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(3) describes any potential transitional justice 
mechanisms for Burma; 
(4) provides an analysis of whether the reports 
summarized under paragraph (2) amount to war 
crimes, crimes against humanity, or genocide; and 
(5) includes a determination with respect to 
whether— 
(A) the persecution of, including attacks 
against, Rohingya in Burma by the Burmese 
military constitutes genocide; and 
(B) 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; 
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(B) the role of the civilian government in 
the commission of any events described in sub-
paragraph (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 fa-
cilities, 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 Develop-
ment, the Attorney General, and heads of any other 
appropriate United States Government agencies, as 
appropriate, a description and assessment of the ef-
fectiveness of any efforts undertaken by the United 
States to promote accountability for any atrocity 
crimes perpetrated against Rohingya by the Bur-
mese military, the government of the Rakhine State, 
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pro-government militias, or other armed groups op-
erating in the Rakhine State, including efforts— 
(A) to train civilian investigators, within 
and outside of Burma and Bangladesh, to docu-
ment, 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 transi-
tional justice mechanism for the perpetrators of 
war crimes, crimes against humanity, and geno-
cide occurring in the Rakhine State in 2017; 
and 
(C) to document, collect, preserve, and pro-
tect evidence of war crimes, crimes against hu-
manity, 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 organi-
zations; 
(iii) the Independent Investigative 
Mechanism for Myanmar; and 
(iv) other entities engaged in inves-
tigative activities with respect to war 
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crimes, crimes against humanity, and 
genocide in Burma. 
(3) A detailed study of the feasibility and desir-
ability 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 ju-
risdiction 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 jus-
tice 
mechanisms 
with 
representatives 
of 
Rohingya and individuals from other ethnic mi-
nority 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 identi-
fication of witnesses and physical evidence used for the 
report required by this section are not publicly disclosed 
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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 DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on Foreign Re-
lations of the Senate and the Committee on Foreign Af-
fairs of the House of Representatives. 
SEC. 403. AUTHORIZATION TO PROVIDE TECHNICAL AS-
SISTANCE FOR EFFORTS AGAINST HUMAN 
RIGHTS ABUSES. 
(a) IN GENERAL.—The Secretary of State is author-
ized to provide assistance to support appropriate civilian 
or international entities that— 
(1) identify suspected perpetrators of war 
crimes, crimes against humanity, and genocide; 
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(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 ac-
count any relevant findings in the report submitted under 
section 402, is authorized to provide support for the estab-
lishment and operation of transitional justice mechanisms, 
including a hybrid tribunal, to prosecute individuals sus-
pected of committing war crimes, crimes against human-
ity, or genocide in Burma. 
TITLE V—UNITED NATIONS 
ACTION 
SEC. 501. SUPPORT FOR GREATER UNITED NATIONS AC-
TION WITH RESPECT TO BURMA. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United Nations Security Council has 
not taken adequate steps to condemn the February 
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1, 2021, coup in Burma, pressure the Burmese mili-
tary 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. 
(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 re-
spect to Burma by— 
(1) pushing the United Nations Security Coun-
cil 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; 
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(2) pushing the United Nations Security Coun-
cil 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 fur-
ther 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 humani-
tarian assistance directly to the people of Burma 
through 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 representa-
tives to the United Nations and United Nations bod-
ies 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 Coun-
cil to consider multilateral sanctions against the 
Burmese military for its atrocities against Rohingya 
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and individuals of other ethnic and religious minori-
ties, its coup, and the crimes against humanity it 
has and continues to commit in the coup’s after-
math. 
Æ 
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