Title: BURMA Act of 2021
Policy area: International Affairs

Summary:
Burma Unified through Rigorous Military Accountability Act of 2021 or the BURMA Act of 2021
This bill imposes sanctions pertaining to Burma (Myanmar) and addresses related issues.
The President must impose property- and visa-blocking sanctions on certain foreign persons (i.e., an individual or entity), including those that (1) knowingly operate in Burma's defense sector, (2) are responsible for or complicit in undermining Burma's democratic processes, or (3) are senior leaders in Burma's military or government. The Department of the Treasury must prohibit or impose strict conditions on certain accounts used to facilitate transactions for such sanctioned persons.
The President may impose sanctions on Myanma Oil and Gas Enterprise if such sanctions would support certain objectives, including reducing the Burmese military's ability to undermine democracy in Burma. The President may also prohibit imports of precious and semiprecious gemstones from Burma.
Before removing certain foreign persons from a list of specially designated nationals and blocked persons (commonly known as the SDN list), the President must certify to Congress that the person in question has not knowingly engaged in certain activities, such as supporting terrorism.
The bill authorizes Department of State and U.S. Agency for International Development activities in Burma and the surrounding region to support democracy activists, humanitarian assistance, and reconciliation efforts. The State Department may (1) continue to assist organizations supporting political prisoners in Burma, and (2) provide assistance to entities investigating crimes against humanity.
The President must direct U.S. representatives to the United Nations to vote and advocate for certain actions related to Burma, such as cutting off assistance to Burma's government.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2937 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2937

To authorize humanitarian assistance and civil society support, promote 
democracy and human rights, and impose targeted sanctions with respect 
        to human rights abuses in Burma, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2021

  Mr. Cardin (for himself, Mr. Durbin, Mrs. Feinstein, Mr. Kaine, Mr. 
Merkley, Mr. Markey, Ms. Rosen, Mrs. Murray, Mr. Peters, Ms. Klobuchar, 
  Mr. Padilla, Mr. Wyden, Mr. Lujan, and Mr. Sanders) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To authorize humanitarian assistance and civil society support, promote 
democracy and human rights, and impose targeted sanctions with respect 
        to human rights abuses in Burma, and for other purposes.

    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 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 systematic attack directed against any civilian 
        population, with knowledge of the attack:
                    (A) Murder.
                    (B) Forced transfer of population.
                    (C) Torture.
                    (D) Extermination.
                    (E) Enslavement.
                    (F) Rape, sexual slavery, or any other form of 
                sexual violence of comparable severity.
                    (G) Enforced disappearance of persons.
                    (H) Persecution against any identifiable group or 
                collectivity on political, racial, national, ethnic, 
                cultural, religious, gender, or other grounds that are 
                universally recognized as impermissible under 
                international law.
                    (I) Imprisonment or other severe deprivation of 
                physical liberty in violation of fundamental rules of 
                international law.
            (3) Executive order 14014.--The term ``Executive Order 
        14014'' means Executive Order 14014 (86 Fed. Reg. 9429; 
        relating to blocking property with respect to the situation in 
        Burma).
            (4) Genocide.--The term ``genocide'' means any offense 
        described in section 1091(a) of title 18, United States Code.
            (5) Transitional justice.--The term ``transitional 
        justice'' means the range of judicial, nonjudicial, formal, 
        informal, retributive, and restorative measures employed by 
        countries transitioning out of armed conflict or repressive 
        regimes, or employed by the international community through 
        international justice mechanisms, to redress past or ongoing 
        atrocities and to promote long-term, sustainable peace.
            (6) War crime.--The term ``war crime'' has the meaning 
        given the term in section 2441(c) of title 18, United States 
        Code.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) Since 1988, the United States policy of principled 
        engagement has fostered positive democratic reforms in Burma, 
        with elections in 2010, 2015, and 2020, helping to bring about 
        the partial transition to civilian rule and with the latter 2 
        elections resulting in resounding electoral victories for the 
        National League for Democracy.
            (2) That democratic transition remained incomplete, with 
        the military retaining significant power and independence from 
        civilian control following the 2015 elections, including 
        through control of 25 percent of parliamentary seats, a de 
        facto veto over constitutional reform, authority over multiple 
        government ministries, and the ability to operate with impunity 
        and no civilian oversight.
            (3) Despite some improvements with respect for human rights 
        and fundamental freedoms beginning in 2010, and the 
        establishment of a quasi-civilian government following credible 
        elections in 2015, Burma's military 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 association, and freedom of 
        religion or belief. In 2017, Burmese 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'etat, declaring a year-long state of emergency and 
        detaining State Counsellor Aung San Suu Kyi, President Win 
        Myint, and dozens of other government officials and elected 
        members of parliament, thus derailing Burma's transition to 
        democracy and disregarding the will of the people of Burma as 
        expressed in the November 2020 elections, which were determined 
        to be credible by international and national observers.
            (5) Following the coup, some ousted members of parliament 
        established the Committee Representing the Pyidaungsu Hluttaw, 
        which subsequently released the Federal Democracy Charter in 
        March 2021 and established the National Unity Government in 
        April 2021. In June 2021, the National Unity Government 
        included ethnic minorities and women among its cabinet and 
        released a policy paper outlining pledges to Rohingya and 
        calling for ``justice and reparations'' for the community.
            (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 Disobedience Movement, labor 
                leaders, government officials and elected members of 
                parliament, members of the media, and others, according 
                to the Assistance Association for Political Prisoners;
                    (C) issued laws and directives that could be used 
                to further impede fundamental freedoms, including 
                freedom of expression (including for members of the 
                press), freedom of peaceful assembly, and freedom of 
                association; and
                    (D) imposed restrictions on the internet and 
                telecommunications.
            (7) More than 230,000 people have been internally displaced 
        since the coup, while thousands of others have sought refuge in 
        neighboring countries, and the Burmese military continues to 
        block humanitarian assistance to populations in need. According 
        to the World Health Organization, the military has carried out 
        more than 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'etat in 1962 and 1988, and having 
        ignored the results of the 1990 elections, and a long history 
        of violently repressing protest movements, including killing 
        and imprisoning thousands of peaceful protestors during pro-
        democracy demonstrations in 1988 and 2007.
            (9) The military also has a long history of violent 
        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 Government of Burma has 
        since taken no steps to improve conditions for Rohingya still 
        in Rakhine State, who remain at high risk of genocide and other 
        atrocities, or to create conditions conducive to the 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 displaced more than 220,000 people in Rakhine 
        and Chin States, including more than 130,000 Rohingya confined 
        to camps since 2012. The military has continued 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 people 
        from their homes and into camps for internally displaced 
        persons. The Government of Burma continues to heavily proscribe 
        humanitarian and media access to conflict-affected populations 
        across the country.
            (11) With more than $500,000,000 in humanitarian assistance 
        provided to Burma and Bangladesh in 2020 alone, the United 
        States is the largest humanitarian donor to populations in need 
        as a result of conflicts in Burma. In May 2021, the United 
        States announced nearly $155,000,000 in additional humanitarian 
        assistance to meet the urgent needs of Rohingya refugees and 
        host communities in Bangladesh and people affected by ongoing 
        violence in Burma's Rakhine, Kachin, Shan, and Chin states. In 
        August 2021, the United States provided $50,000,000 in critical 
        humanitarian assistance 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-Finding Mission on 
        Myanmar concluded, on reasonable grounds, that the factors 
        allowing inference of ``genocidal intent'' are present with 
        respect to the attacks against Rohingya in Rakhine State, and 
        acts by Burmese security forces against Rohingya in Rakhine 
        State and other ethnic minorities in Kachin and Shan States 
        amount to ``crimes against humanity'' and ``war crimes''. The 
        Independent International Fact-Finding Mission on Myanmar 
        established by the United Nations Human Rights Council 
        recommended that the United Nations Security Council ``should 
        ensure accountability for crimes under international law 
        committed in Myanmar, preferably by referring the situation to 
        the International Criminal Court or alternatively by creating 
        an ad hoc international criminal tribunal''. The Mission also 
        recommended the imposition of targeted economic sanctions, 
        including an arms embargo on Burma.
            (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 
        extractive industry businesses operating in conflict-affected 
        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 accountability and oversight that normally arise from 
        civilian oversight of military budgets''. The report called for 
        the United Nations and individual governments to place targeted 
        sanctions on all senior officials in the Burmese military as 
        well as their economic interests, especially Myanma Economic 
        Holdings Limited and Myanmar Economic Corporation.
            (15) On February 11, 2021, President Biden issued Executive 
        Order 14014 in response to the coup d'etat, authorizing 
        sanctions against the Burmese military, its economic interests, 
        and other perpetrators of the coup.
            (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 Commander-in-Chief of the 
                Burmese military, Min Aung Hlaing;
                    (B) state-owned and military controlled companies, 
                including Myanmar Ruby Enterprise, 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 imposition 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 
        assembly 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 Limited and Myanmar Economic Corporation 
        Limited. 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 members of Burmese military 
        regiments or units, or organizations led by former members of 
        such regiments or units.
            (20) On April 8, 2021, the United States designated Myanma 
        Gems Enterprise, a Burmese state-owned entity that is 
        responsible for all gemstone activities 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 designated 16 
        individuals and one entity connected to Burma's military 
        regime, including 13 key members of the Burmese military and 3 
        adult children of previously 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:
                    (A) King Royal Technologies Co., Ltd., a 
                telecommunications company that provides satellite 
                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 mining companies that have 
                revenue-sharing agreements with Myanmar Economic 
                Holdings Limited.
            (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 
        Entity List in March 2021. Additionally, three of the newly 
        added entities, Wanbao Mining and its 2 subsidiaries, have long 
        been reportedly linked to abuses of labor rights and human 
        rights.
            (24) On July 2, 2021, the United States designated 22 
        individuals connected to Burma's military regime for the 
        imposition of sanctions pursuant to Executive Order 14014. 
        Among the individuals so designated were 7 key members of the 
        Burmese military, which continues to repress the pro-democracy 
        movement in the country and use lethal force against the people 
        of Burma, including children and members of ethnic minority 
        groups. The other 15 individuals are the spouses or adult 
        children of previously designated senior Burmese military 
        officials whose financial networks have contributed to military 
        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 engagement, which is 
        essential to support the establishment of a peaceful, 
        prosperous, and democratic Burma that includes respect for the 
        human rights of all individuals regardless of ethnicity and 
        religion;
            (3) to ensure that the objectives guiding such a strategy 
        include--
                    (A) restoring to power a civilian government that 
                reflects the will of the people of Burma;
                    (B) supporting constitutional reforms, ensuring 
                civilian governance and oversight over the military, 
                including reforms--
                            (i) to the provisions reserving 25 percent 
                        of parliamentary seats for appointments 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 Ministry of 
                        Home Affairs;
                    (C) assisting in the establishment of a fully 
                democratic, civilian-led, pluralistic, and 
                representative political system that includes free, 
                fair, credible, and democratic elections in which all 
                people of Burma, including all ethnic minorities, 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 respect for and protection of human 
                rights, including freedom of religion or belief;
                    (E) securing the unconditional release of all 
                prisoners of conscience and political prisoners in 
                Burma;
                    (F) strengthening Burma's civilian governmental 
                institutions, including support for greater 
                transparency and accountability once the military is no 
                longer in power;
                    (G) empowering and resourcing local communities, 
                civil society organizations, and independent 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 effectively 
                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 neighboring countries and 
                prioritizing efforts to create a conducive environment 
                and meaningfully address long-standing structural 
                challenges that undermine the safety and rights of 
                Rohingya in Rakhine State as well as members of other 
                ethnic and religious minorities in Burma, including by 
                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 restrictions 
                that hinder the freedom of movement of members of 
                ethnic minorities throughout the country, including 
                Rohingya, and an end to any and all policies and 
                practices designed to forcibly segregate Rohingya, and 
                providing humanitarian support for all internally 
                displaced persons in Burma;
                    (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 
                humanitarian access to all relevant areas of Burma, 
                including Rakhine, Chin, Kachin, Shan, and Kayin 
                States;
                    (L) ensuring accountability through independent, 
                credible international investigations for any potential 
                genocide, war crimes, and crimes against humanity, 
                including those involving sexual and gender-based 
                violence and violence against children, perpetrated 
                against ethnic 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 economic 
                development and fostering healthy and resilient 
                communities;
                    (O) combating corruption and illegal economic 
                activity, including that which involves the military 
                and its close allies; and
                    (P) promoting responsible international and 
                regional engagement;
            (4) to support and advance the strategy of calibrated 
        engagement, impose targeted sanctions with respect to the 
        Burmese military's economic interests and major sources of 
        income for the Burmese military, including with respect to--
                    (A) officials in Burma, including the Commander in 
                Chief of the Armed Forces of Burma, Min Aung Hlaing, 
                and all individuals described in paragraphs (1), (2), 
                and (3) of section 202(a), under the authorities 
                provided by title II, Executive Order 14014, and the 
                Global Magnitsky Human Rights Accountability Act 
                (subtitle F of title XII of Public Law 114-328; 22 
                U.S.C. 2656 note);
                    (B) enterprises owned or controlled by the Burmese 
                military, including the Myanmar Economic Corporation, 
                Union of Myanmar Economic Holding, Ltd., and all other 
                entities described in section 202(a)(4), under the 
                authorities provided by title II, the Burmese Freedom 
                and Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 
                1701 note), the Tom Lantos Block Burmese JADE (Junta's 
                Anti-Democratic Efforts) Act of 2008 (Public Law 110-
                286; 50 U.S.C. 1701 note), other relevant statutory 
                authorities, and Executive Order 14014; and
                    (C) state-owned economic enterprises if 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 civilian 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 targeted to maximize 
        impact on the military and security forces of Burma and its 
        economic interests while minimizing impact on the people of 
        Burma, recognizing the calls from the people of Burma for the 
        United States to take action against the sources of income for 
        the military and security forces of Burma.

   TITLE II--SANCTIONS AND IMPORT 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 committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives.
            (3) Correspondent account; payable-through account.--The 
        terms ``correspondent account'' and ``payable-through account'' 
        have the meanings given those terms in section 5318A of title 
        31, United States Code.
            (4) Foreign financial institution.--The term ``foreign 
        financial institution'' has the meaning of that term as 
        determined by the Secretary of the Treasury by regulation.
            (5) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (6) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (7) Person.--The term ``person'' means an individual or 
        entity.
            (8) Support.--The term ``support'', with respect to the 
        Burmese military, means to knowingly have materially assisted, 
        sponsored, or provided financial, material, or technological 
        support for, or goods or services to or in support of the 
        Burmese military.
            (9) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted to the United States for permanent residence;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.

SEC. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES 
              AND PERPETRATION OF A COUP IN BURMA.

    (a) Mandatory Sanctions.--Not later than 30 days after the 
enactment of this Act, the President shall impose the sanctions 
described in subsection (d) with respect to any foreign person that the 
President determines--
            (1) knowingly operates or operated in the defense sector of 
        the Burmese economy;
            (2) is responsible for or complicit in, or has directly or 
        indirectly and knowingly engaged or attempted 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 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 Deputy Minister or 
                higher, or a military-appointed minister of a Burmese 
                state or region; or
                    (C) an entity that has, or whose members have, 
                engaged in any activity described in paragraph (2);
            (4) knowingly operates--
                    (A) any entity that is a state-owned economic 
                enterprise under Burmese law (other than the entity 
                specified in subsection (c)) that benefits the Burmese 
                military, including the Myanma Gems Enterprise; or
                    (B) any entity controlled in whole or in part by an 
                entity described in subparagraph (A), or a successor to 
                such an entity, that benefits the Burmese military;
            (5) knowingly and materially violates, attempts to violate, 
        conspires to violate, or has caused or attempted to cause a 
        violation of any license, order, regulation, or prohibition 
        contained in or issued pursuant to Executive Order 14014 or 
        this Act;
            (6) to be an adult family member of any person described in 
        any of paragraphs (1) through (5);
            (7) knowingly facilitates a significant transaction or 
        transactions for or on behalf of a person described, or a 
        person that has engaged in the activity described, as the case 
        may be, in any of paragraphs (1) through (6);
            (8) to be owned or controlled by, or to have acted for or 
        on behalf of, directly or indirectly, a person described, or a 
        person that has engaged in the activity described, as the case 
        may be, in any of paragraphs (1) through (6); or
            (9) to have knowingly and materially assisted, sponsored, 
        or provided financial, material, or technological support for, 
        or goods or services to or in support of, a person described, 
        or a person that has engaged in the activity described, as the 
        case may be, in any of paragraphs (1) through (6).
    (b) Additional Measure Relating to Facilitation of Transactions.--
The Secretary of the Treasury shall, in consultation with the Secretary 
of State, prohibit or impose strict conditions on the opening or 
maintaining in the United States of a correspondent account or payable-
through account by a foreign financial institution that the President 
determines has, on or after the date of the enactment of this Act, 
knowingly conducted or facilitated a significant transaction or 
transactions on behalf of a foreign person described in subsection (a).
    (c) Discretionary Sanctions.--
            (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 described in subsection (d) with respect 
        to the Myanma Oil and Gas Enterprise if the President 
        determines and certifies to the appropriate congressional 
        committees, not later than 30 days before imposing such 
        sanctions, that imposing sanctions with respect to the Myanma 
        Oil and Gas Enterprise--
                    (A) would reduce the ability of the Burmese 
                military to engage in the activities described in 
                subparagraphs (A) through (D) of subsection (a)(2);
                    (B) would bring benefits to the people of Burma 
                that exceed the potential negative impacts of the 
                sanctions on the humanitarian and economic outlook of 
                the people of Burma; and
                    (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 continue 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 or come within the possession or 
        control of a United States person.
            (2) Foreign exchange.--The President may, pursuant to such 
        regulations as the President may prescribe, prohibit any 
        transactions in foreign exchange that are subject to the 
        jurisdiction of the United States and in which the foreign 
        person has any interest.
            (3) Aliens inadmissible for visas, admission, 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 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 visa or other 
                        documentation issued to an alien described in 
                        subsection (a) shall be revoked, regardless of 
                        when such visa or other documentation 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 Nationality Act (8 U.S.C. 
                        1201(i)), no longer be valid for travel to the 
                        United States.
    (e) Exceptions.--
            (1) Exception for intelligence, law enforcement, and 
        national security activities.--Sanctions under this section 
        shall not apply to any authorized intelligence, law 
        enforcement, or national security activities of the United 
        States.
            (2) Exception to comply with united nations 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 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, the Convention on Consular 
        Relations, done at Vienna April 24, 1963, and entered into 
        force March 19, 1967, or other applicable 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 restrictions imposed with respect 
        to a foreign person under this section if the President 
        certifies to the appropriate congressional committees not later 
        than 15 days before such waiver is to take effect that the 
        waiver is vital to the national security interests of the 
        United States.
            (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 exercise all 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) to carry out this subtitle.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        subtitle or any regulation, license, or order issued to carry 
        out this subtitle 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.
    (h) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of the Treasury, in consultation with the 
Secretary of State and the heads of other United States Government 
agencies, as appropriate, shall submit to the appropriate congressional 
committees a report that--
            (1) sets forth the plan of the Department of the Treasury 
        for ensuring that property blocked pursuant to subsection (a) 
        or Executive Order 14014 remains blocked;
            (2) describes the primary sources of income to which the 
        Burmese military has access and that the United States has been 
        unable to reach using sanctions authorities;
            (3) makes recommendations for how the sources of income 
        described in paragraph (2) can be reduced or blocked; and
            (4) evaluates the implications of imposing sanctions on the 
        Burmese-government owned Myanmar Oil and Gas Enterprise, 
        including a determination with respect to the extent to which 
        sanctions on Myanmar Oil and Gas Enterprise would advance the 
        interests of the United States in Burma.

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 appropriate congressional committees a 
certification that--
            (1) the Burmese military has released all political 
        prisoners taken into custody on or after February 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 election 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;
            (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 Extractive Industries 
        Transparency Initiative;
            (7) all entities participating in the gemstone sector in 
        Burma have publicly disclosed their beneficial ownership 
        consistent with requirements set forth in the guidelines of the 
        Extractive Industries Transparency Initiative;
            (8) the licensing and permitting process is conducted in a 
        transparent and open manner, with contracts 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 enactment of this Act, 
the President may not remove a person described in subsection (b) from 
the list of specially designated nationals and blocked persons 
maintained by the Office of Foreign Assets Control of the Department of 
the Treasury (commonly referred to as the ``SDN list'') until the 
President submits to the appropriate congressional committees a 
certification described in subsection (c) with respect to the person.
    (b) Persons Described.--A person described in this subsection is a 
foreign person included in the SDN list for violations of part 525 of 
title 31, Code of Federal Regulations, or any other regulations 
imposing sanctions on or related to Burma.
    (c) Certification Described.--A certification described in this 
subsection, with respect to a person described in subsection (b), is a 
certification that the person has not knowingly assisted in, sponsored, 
or provided financial, material, or technological support for, or 
financial or other services to or in support of--
            (1) terrorism or a terrorist organization;
            (2) a significant foreign narcotics trafficker (as defined 
        in section 808 of the Foreign Narcotics Kingpin Designation Act 
        (21 U.S.C. 1907));
            (3) a significant transnational criminal organization under 
        Executive Order 13581 (50 U.S.C. 1701 note; relating to 
        blocking property of transnational criminal organizations); or
            (4) any other person on the SDN list.
    (d) Form.--A certification described in subsection (c) shall be 
submitted in unclassified form but may include a classified annex.

SEC. 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 committees a 
certification that--
            (1) the Burmese military has released all political 
        prisoners taken into custody on or after February 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 election in 
        November 2020 are dropped; and
            (4) the 2008 Constitution of Burma has been amended or 
        replaced to place the Burmese military under civilian oversight 
        and the Burmese military no longer automatically receives 25 
        percent of seats in Burma's state, regional, and national 
        Hluttaws.

                 Subtitle B--Coordination of Sanctions

SEC. 211. SANCTIONS AND POLICY COORDINATION FOR BURMA.

    (a) In General.--The Secretary of State may designate an official 
of the Department of State to serve as the United States Special 
Coordinator for Burmese Democracy (in this section referred to as the 
``Special Coordinator'').
    (b) Central Objective.--The Special Coordinator should develop a 
comprehensive strategy for the implementation of the full range of 
United States diplomatic capabilities, including the provisions of this 
Act, to promote human rights and the restoration of civilian government 
in Burma.
    (c) Duties and Responsibilities.--The Special Coordinator should, 
as appropriate, assist in--
            (1) coordinating the sanctions policies of the United 
        States under section 202 with relevant bureaus and offices 
        within the Department of State, other relevant United States 
        Government agencies, and international financial institutions;
            (2) conducting relevant research and vetting of entities 
        and individuals that may be subject to sanctions under section 
        202 and coordinate with other United States Government agencies 
        and international financial intelligence units to assist in 
        efforts to enforce anti-money laundering and anti-corruption 
        laws and regulations;
            (3) promoting a comprehensive international effort to 
        impose and enforce multilateral sanctions with respect to 
        Burma;
            (4) coordinating with and supporting interagency United 
        States Government efforts, including efforts of the United 
        States Ambassador to Burma and the United States Permanent 
        Representative to the United Nations, relating to--
                    (A) identifying opportunities to coordinate with 
                and exert pressure on the governments of the People's 
                Republic of China and the Russian Federation to support 
                multilateral action against the Burmese military;
                    (B) working with like-minded partners to impose a 
                coordinated arms embargo on the Burmese military and 
                targeted sanctions on the economic interests of the 
                Burmese military, including through the introduction 
                and adoption of a United Nations Security Council 
                resolution;
                    (C) engaging in direct dialogue with Burmese civil 
                society, democracy advocates, ethnic minority 
                representative groups, and organizations or groups 
                representing the protest movement and the officials 
                elected in 2020, such as the Committee Representing the 
                Pyidaungsu Hluttaw, the National Unity Government, the 
                National Unity Consultative Council, and their 
                designated representatives;
                    (D) encouraging the National Unity Government to 
                incorporate accountability mechanisms in relation to 
                the atrocities against Rohingya and other ethnic 
                groups, to take further steps to make its leadership 
                and membership ethnically diverse, and to incorporate 
                measures to enhance ethnic reconciliation and national 
                unity into its policy agenda;
                    (E) assisting efforts by the relevant United 
                Nations Special Envoys and Special Rapporteurs to 
                secure the release of all political prisoners in Burma, 
                promote respect for human rights, and encourage 
                dialogue; and
                    (F) supporting nongovernmental organizations 
                operating in Burma and neighboring countries working to 
                restore civilian democratic rule to Burma and to 
                address the urgent humanitarian needs of the people of 
                Burma; and
            (5) providing timely input for reporting on the impacts of 
        the implementation of sections 202 and 203 on the Burmese 
        military and the people of Burma.

   TITLE III--HUMANITARIAN ASSISTANCE AND CIVIL SOCIETY SUPPORT WITH 
                            RESPECT TO BURMA

SEC. 301. SUPPORT TO CIVIL SOCIETY AND INDEPENDENT MEDIA.

    (a) Authorization To Provide Support.--The Secretary of State and 
the Administrator of the United States Agency for International 
Development are authorized to provide support to civil society in 
Burma, Bangladesh, Thailand, and the surrounding region, including by--
            (1) ensuring the safety of democracy activists, civil 
        society leaders, independent media, participants in the Civil 
        Disobedience Movement, and government defectors exercising 
        their fundamental rights by--
                    (A) supporting safe houses for those under threat 
                of arbitrary arrest or detention;
                    (B) providing access to secure channels for 
                communication;
                    (C) assisting individuals forced to flee from Burma 
                and take shelter in neighboring countries, including in 
                ensuring protection assistance and non-refoulement; and
                    (D) providing funding to organizations that equip 
                activists, civil society organizations, and independent 
                media with consistent, long-term technical support on 
                physical and digital security in local languages;
            (2) supporting democracy activists in their efforts to 
        promote freedom, democracy, and human rights in Burma, by--
                    (A) providing aid and training to democracy 
                activists in Burma;
                    (B) providing aid to individuals and groups 
                conducting democracy programming outside of Burma 
                targeted at a peaceful transition to constitutional 
                democracy inside Burma;
                    (C) providing aid and assistance to independent 
                media outlets and journalists and groups working to 
                protect internet freedom and maintain independent 
                media;
                    (D) expanding radio and television broadcasting 
                into Burma; and
                    (E) providing financial support to civil society 
                organizations and nongovernmental organizations led by 
                members of ethnic and religious minority groups within 
                Burma and its cross-border regions;
            (3) assisting ethnic minority groups and civil society in 
        Burma to further prospects for justice, reconciliation, and 
        sustainable peace; and
            (4) promoting ethnic minority inclusion and participation 
        in political processes in Burma.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to carry out the provisions of this section 
for each of fiscal years 2022 through 2027.

SEC. 302. HUMANITARIAN ASSISTANCE AND RECONCILIATION.

    (a) Authorization To Provide Humanitarian Assistance.--The 
Secretary of State and the Administrator of the United States Agency 
for International Development are authorized to provide humanitarian 
assistance and reconciliation activities for ethnic groups and civil 
society organizations in Burma, Bangladesh, Thailand, and the 
surrounding region, including--
            (1) assistance for victims of violence by the Burmese 
        military, including Rohingya and individuals from other ethnic 
        minorities displaced or otherwise affected by conflict, in 
        Burma, Bangladesh, Thailand, and the surrounding region;
            (2) support for voluntary resettlement or repatriation of 
        displaced individuals in Burma, upon the conclusion of genuine 
        agreements developed and negotiated with the involvement and 
        consultation of the displaced individuals and if resettlement 
        or repatriation is safe, voluntary, and dignified;
            (3) support for the promotion of ethnic and religious 
        tolerance, improving social cohesion, combating gender-based 
        violence, increasing the engagement of women in peacebuilding, 
        and mitigating human rights violations and abuses against 
        children;
            (4) support for--
                    (A) primary, secondary, and tertiary education for 
                displaced children living in areas of Burma affected by 
                conflict; and
                    (B) refugee camps in the surrounding region and 
                opportunities to access to higher education in 
                Bangladesh and Thailand;
            (5) capacity-building support--
                    (A) to ensure that displaced individuals are 
                consulted and participate in decision-making processes 
                affecting the displaced individuals; and
                    (B) for the creation of mechanisms to facilitate 
                the participation of displaced individuals in such 
                processes; and
            (6) increased humanitarian aid to Burma to address the dire 
        humanitarian situation that has uprooted 170,000 people 
        through--
                    (A) international aid partners such as agencies of 
                the United Nations;
                    (B) the International Committee of the Red Cross; 
                and
                    (C) cross-border aid.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $220,500,000 to carry out the provisions of this section 
for fiscal year 2022.

SEC. 303. AUTHORIZATION OF ASSISTANCE FOR BURMA POLITICAL PRISONERS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the freedom of expression is an inalienable right;
            (2) the Government of Burma must immediately drop 
        defamation charges against all individuals unjustly detained, 
        including the 3 Kachin activists, Lum Zawng, Nang Pu, and Zau 
        Jet, who led a peaceful rally in Mytkyina, the capital of 
        Kachin State in April 2018, and that the prosecution of Lum 
        Zawng, Nang Pu, and Zau Jet is an attempt by Burmese 
        authorities to intimidate, harass, and silence community 
        leaders and human rights defenders who speak out about military 
        abuses and their impact on civilian populations;
            (3) freedom of expression, including for members of the 
        press, is a human right and should be upheld and protected in 
        Burma and everywhere, and Burmese authorities must immediately 
        cease the arbitrary arrest, detention, imprisonment, and 
        physical attacks of journalists, which have created a climate 
        of fear and self-censorship among local journalists; 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--
            (1) all prisoners of conscience and political prisoners in 
        Burma should be unconditionally and immediately 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 released; 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 
        assembly all comply with Burma's human rights obligations.
    (c) Political Prisoners Assistance.--The Secretary of State is 
authorized to continue to provide assistance to civil society 
organizations in Burma that work to secure the release of and support 
prisoners of conscience and political prisoners in Burma, including--
            (1) support for the documentation of human rights 
        violations with respect to prisoners of conscience and 
        political prisoners;
            (2) support for advocacy in Burma to raise awareness of 
        issues relating to prisoners of conscience and political 
        prisoners;
            (3) support for efforts to repeal or amend laws that are 
        used to imprison individuals as prisoners of conscience or 
        political prisoners;
            (4) support for health, including mental health, and post-
        incarceration assistance in gaining access to education and 
        employment opportunities or other forms of reparation to enable 
        former prisoners of conscience and political prisoners to 
        resume normal lives; and
            (5) the creation, in consultation with former political 
        prisoners and prisoners of conscience, their families, and 
        their representatives, of an independent prisoner review 
        mechanism in Burma--
                    (A) to review the cases of individuals who may have 
                been charged or deprived of their liberty for 
                peacefully exercising their human rights;
                    (B) to review all laws used to arrest, prosecute, 
                and punish individuals as political prisoners and 
                prisoners of conscience; and
                    (C) to provide recommendations to the Government of 
                Burma for the repeal or amendment of all such laws.
    (d) Termination.--The authority to provide assistance under this 
section shall terminate on the date that is 8 years after the date of 
the enactment of this Act.

            TITLE IV--ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES

SEC. 401. 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 appropriate 
congressional committees an evaluation of the persecution of, including 
attacks against, Rohingya in Burma by the Burmese military, including--
            (1) an assessment of whether the situation constitutes 
        genocide (as defined in section 1091 of title 18, United States 
        Code); and
            (2) a detailed description of any proposed atrocities 
        prevention response recommended by the Atrocity Early Warning 
        Task Force.
    (b) Form.--
            (1) In general.--The evaluation required by subsection (a) 
        shall be submitted in unclassified form, but may include a 
        classified annex as necessary.
            (2) Publication of unclassified portion.--The unclassified 
        portion of the evaluation required by subsection (a) shall be 
        posted on a publicly available internet website of the 
        Department of State.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives.

SEC. 402. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST 
              HUMANITY, AND GENOCIDE IN BURMA.

    (a) Statement of Policy.--It is the policy of the United States--
            (1) to continue the support of ongoing mechanisms and 
        special procedures of the United Nations Human Rights Council, 
        including the United Nations Independent Investigative 
        Mechanism for Myanmar and the Special Rapporteur on the 
        situation of human rights in Myanmar; and
            (2) to refute the credibility and impartiality of efforts 
        sponsored by the Government of Burma, such as the Independent 
        Commission of Enquiry, unless the United States Ambassador at 
        Large for Global Criminal Justice determines the efforts to be 
        credible and impartial and notifies the appropriate 
        congressional committees in writing and in unclassified form 
        regarding that determination.
    (b) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, after consultation with 
the heads of other United States Government agencies, 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 office, 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 minority groups in Burma 
        between 2012 and the date of the submission of the report;
            (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;
                    (B) the role of the civilian government in the 
                commission of any events described in subparagraph (A);
                    (C) credible evidence of events of war crimes, 
                crimes against humanity, or genocide committed by other 
                armed groups in Burma;
                    (D) attacks on health workers, health facilities, 
                health transport, or patients and, to the extent 
                possible, the identities of any individuals who engaged 
                in or organized such attacks in Burma; and
                    (E) to the extent possible, the conventional and 
                unconventional weapons used for any events or attacks 
                described in this paragraph and the sources of such 
                weapons.
            (2) In consultation with the Administrator of the United 
        States Agency for International Development, the Attorney 
        General, and heads of any other appropriate United States 
        Government agencies, as appropriate, a description and 
        assessment of the effectiveness of any efforts undertaken by 
        the United States to promote accountability for any atrocity 
        crimes perpetrated against Rohingya by the Burmese military, 
        the government of the Rakhine State, pro-government militias, 
        or other armed groups operating in the Rakhine State, including 
        efforts--
                    (A) to train civilian investigators, within and 
                outside of Burma and Bangladesh, to document, 
                investigate, develop findings of, identify, and locate 
                alleged perpetrators of war crimes, crimes against 
                humanity, or genocide in Burma;
                    (B) to promote and prepare for a transitional 
                justice mechanism for the perpetrators of war crimes, 
                crimes against humanity, and genocide occurring in the 
                Rakhine State in 2017; and
                    (C) to document, collect, preserve, and protect 
                evidence of war crimes, crimes against humanity, and 
                genocide in Burma, including by--
                            (i) providing support for ethnic Rohingya, 
                        Shan, Rakhine, Kachin, Chin, and Kayin and 
                        other ethnic minorities;
                            (ii) Burmese, Bangladeshi, foreign, and 
                        international nongovernmental organizations;
                            (iii) the Independent Investigative 
                        Mechanism for Myanmar; and
                            (iv) other entities engaged in 
                        investigative activities with respect to war 
                        crimes, crimes against humanity, and genocide 
                        in Burma.
            (3) A detailed study of the feasibility and desirability of 
        a transitional justice mechanism for Burma, such as an 
        international tribunal, a hybrid tribunal, or other options, 
        that includes--
                    (A) a discussion of the use of universal 
                jurisdiction or of legal cases brought against Burma by 
                other countries at the International Court of Justice 
                regarding any atrocity crimes perpetrated in Burma;
                    (B) recommendations for any transitional justice 
                mechanism the United States should support, the reason 
                the mechanism should be supported, and the type of 
                support that should be offered; and
                    (C) consultation regarding transitional justice 
                mechanisms with representatives of Rohingya and 
                individuals from other ethnic minority groups who have 
                suffered human rights violations and abuses.
    (d) Protection of Witnesses and Evidence.--The Secretary of State 
shall seek to ensure that the identification of witnesses and physical 
evidence used for the report required by this section are not publicly 
disclosed in a manner that might place witnesses at risk of harm or 
encourage the destruction of evidence by the military or government of 
Burma.
    (e) Form of Report; Public Availability.--
            (1) Form.--The report required by subsection (b) shall be 
        submitted in unclassified form but may include a classified 
        annex.
            (2) Public availability.--The unclassified portion of the 
        report required by subsection (b) shall be posted on a publicly 
        available internet website.
    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the Committee 
on Foreign Relations of the Senate and the Committee on Foreign Affairs 
of the House of Representatives.

SEC. 403. AUTHORIZATION TO PROVIDE TECHNICAL ASSISTANCE FOR EFFORTS 
              AGAINST HUMAN RIGHTS ABUSES.

    (a) In General.--The Secretary of State is authorized to provide 
assistance to support appropriate civilian or international entities 
that--
            (1) identify suspected perpetrators of war crimes, crimes 
        against humanity, and genocide;
            (2) collect, document, and protect evidence of crimes and 
        preserving the chain of custody for such evidence;
            (3) conduct criminal investigations of such crimes; and
            (4) support investigations conducted by other countries, 
        and by entities mandated by the United Nations, such as the 
        Independent Investigative Mechanism for Myanmar.
    (b) Authorization for Transitional Justice Mechanisms.--The 
Secretary of State, taking into account any relevant findings in the 
report submitted under section 402, is authorized to provide support 
for the establishment and operation of transitional justice mechanisms, 
including a hybrid tribunal, to prosecute individuals suspected of 
committing war crimes, crimes against humanity, or genocide in Burma.

                     TITLE V--UNITED NATIONS ACTION

SEC. 501. SUPPORT FOR GREATER UNITED NATIONS ACTION WITH RESPECT TO 
              BURMA.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United Nations Security Council has not taken 
        adequate steps to condemn the February 1, 2021, coup in Burma, 
        pressure the Burmese military to cease its violence against 
        civilians, or secure the release of those unjustly detained; 
        and
            (2) countries, such as the People's Republic of China and 
        the Russian Federation, that are directly or indirectly 
        shielding the Burmese military from international scrutiny and 
        action, should be obliged to endure the reputational damage of 
        doing so by taking public votes on resolutions related to Burma 
        that apply greater pressure on the Burmese military to restore 
        Burma to its democratic path.
    (b) Support for Greater Action.--The President shall direct the 
United States Permanent Representative to the United Nations to use the 
voice, vote, and influence of the United States to spur greater action 
by the United Nations and the United Nations Security Council with 
respect to Burma by--
            (1) pushing the United Nations Security Council to consider 
        a resolution condemning the February 1, 2021, coup and calling 
        on the Burmese military to cease its violence against the 
        people of Burma and release without preconditions the 
        journalists, pro-democracy activists, and political officials 
        that it has unjustly detained;
            (2) pushing the United Nations Security Council to consider 
        a resolution that immediately imposes a global arms embargo 
        against Burma to ensure that the Burmese military is not able 
        to obtain weapons and munitions from other nations to further 
        harm, murder, and oppress the people of Burma;
            (3) pushing the United Nations and other United Nations 
        authorities to cut off assistance to the Government of Burma 
        while providing humanitarian assistance directly to the people 
        of Burma through civil society organizations, particularly such 
        organizations working with ethnic minorities that have been 
        adversely affected by the coup and the Burmese military's 
        violent crackdown;
            (4) objecting to the appointment of representatives to the 
        United Nations and United Nations bodies such as the Human 
        Rights Council that are sanctioned by the Burmese military;
            (5) working to ensure the Burmese military is not 
        recognized as the legitimate government of Burma in any United 
        Nations body; and
            (6) spurring the United Nations Security Council to 
        consider multilateral sanctions against the Burmese military 
        for its atrocities against Rohingya and individuals of other 
        ethnic and religious minorities, its coup, and the crimes 
        against humanity it has and continues to commit in the coup's 
        aftermath.
                                 <all>