S.Amdt. 3797

SA 3797. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 3695 proposed by Mr. Shelby to the bill H.R. 6157,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. LIMITATION ON MILITARY ASSISTANCE TO BURMA.

(a) In General.--Except as provided under subsection (b),
the President may not furnish any security assistance or to
engage in any military-to-military programs with the armed
forces of Burma, including training or observation or
participation in regional exercises, until the Secretary of
State, in consultation with the Secretary of Defense,
provides a report to the appropriate congressional committees
that the Burmese military has demonstrated significant
progress in abiding by international human rights standards
and is undertaking meaningful and significant security sector
reform, including transparency and accountability to prevent
future abuses, as determined by applying the following
criteria:
(1) The military adheres to international human rights
standards and pledges to stop future human rights violations.
(2) The military supports efforts to carry out meaningful
and comprehensive investigations of credible reports of
abuses and is taking steps to hold accountable those in the
Burmese military responsible for human rights violations.
(3) The military supports efforts to carry out meaningful
and comprehensive investigations of reports of conflict-
related sexual and gender-based violence and is taking steps
to hold accountable those in the Burmese military who failed
to prevent, respond to, investigate, and prosecute violence
against women, sexual violence, or other gender-based
violence.
(4) The Government of Burma, including the military, allows
immediate and unfettered humanitarian access to communities
in areas affected by conflict, including Rohingya communities
in Rakhine State.
(5) The Government of Burma, including the military,
cooperates with the United Nations High Commissioner for
Refugees and other relevant United Nations agencies to ensure
the protection of displaced persons and the safe and
voluntary return of Rohingya refugees and internally
displaced persons.
(6) The Government of Burma, including the military, takes
observable steps toward the implementation of the
recommendations of the Advisory Commission on Rakhine State.
(b) Exceptions.--
(1) Certain existing authorities.--The Department of
Defense may continue to conduct consultations based on the
authorities under section 1253 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 22 U.S.C. 2151 note).
(2) Hospitality.--The United States Agency for
International Development and the Department of State may
provide assistance authorized by part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support
ethnic armed groups and the Burmese military for the purpose
of supporting research, dialogues, meetings, and other
activities related to the Union Peace Conference, Political
Dialogues, and related processes, in furtherance of
inclusive, sustainable reconciliation.
(c) Military Reform.--The certification required under
subsection (a) shall include a written justification in
classified and unclassified form describing the Burmese
military's efforts to implement reforms, end impunity for
human rights violations, and increase transparency and
accountability.
(d) Rule of Construction.--Nothing in this Act shall be
construed to authorize Department of Defense assistance to
the Government of Burma except as provided in this section.
(e) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State and the Secretary of Defense shall submit
to the appropriate congressional committees a report, in both
classified and unclassified form, on the strategy and plans
for military-to-military engagement between the United States
Armed Forces and the military of Burma.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description and assessment of the Government of
Burma's strategy for security sector reform, including as it
relates to an end to involvement in the illicit trade in jade
and other natural resources, reforms to end corruption and
illicit drug trafficking, and constitutional reforms to
ensure civilian control of the Government.
(B) A list of ongoing military activities conducted by the
United States Government with the Government of Burma, and a
description of the United States strategy for future
military-to-military engagements between the United States
and Burma's military forces, including the military of Burma,
the Burma Police Force, and armed ethnic groups.
(C) An assessment of the progress of the military of Burma
towards developing a framework to implement human rights
reforms, including--
(i) cooperation with civilian authorities to investigate
and prosecute cases of human rights violations;
(ii) steps taken to demonstrate respect for
internationally-recognized human rights standards and
implementation of and adherence to the laws of war; and
(iii) a description of the elements of the military-to-
military engagement between the United States and Burma that
promote such implementation.
(D) An assessment of progress on the peaceful settlement of
armed conflicts between the Government of Burma and ethnic
minority groups, including actions taken by the military of
Burma to adhere to ceasefire agreements, allow for safe and
voluntary returns of displaced persons to their villages of
origin, and withdraw forces from conflict zones.
(E) An assessment of the Burmese's military recruitment and
use of children as soldiers.
(F) An assessment of the Burmese's military's use of
violence against women, sexual violence, or other gender-
based violence as a tool of terror, war, or ethnic cleansing.
(G) An assessment whether the Burmese military supplied
arms and training to minority groups in Rakhine State, which
were used in a systematic campaign of ethnic cleansing of the
Rohingya.
(f) Civilian Channels.--Any program initiated under this
section shall use appropriate civilian government channels
with the democratically elected Government of Burma.
(g) Regular Consultations.--Any new program or activity in
Burma initiated under this section shall be subject to prior
consultation with the appropriate congressional committees.
(h) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
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