S.Amdt. 4238

SA 4238. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 1253. LIMITATION ON SECURITY ASSISTANCE AND MILITARY AND
SECURITY COOPERATION WITH BURMA.

(a) In General.--No agency or instrumentality of the United
States may supply any security assistance, grant permission
to retransfer defense articles originating in the United
States to, or engage in any military-to-military programs
with the armed forces or security forces of the Republic of
the Union of Myanmar (referred to in this section as
``Burma''), including through training, observation, or
participation in regional exercises, until the date on which
the Secretary of Defense, in consultation with the Secretary
of State, certifies to the Committee on Armed Services of the
Senate, Committee on Foreign Relations of the Senate, the
Committee on Armed Services of the House of Representatives,
and the Committee on Foreign Affairs of the House of
Representatives that--
(1) the armed forces of Burma (referred to in this section
as the ``Tatmadaw'') have returned control of the Government
of Burma to duly elected leadership;
(2) the Government of Burma is clearly on the path to
civilian control over its security forces, including--
(A) instituting constitutional reforms to relinquish
military participation in Government decision making;
(B) abiding by international human rights standards; and
(C) undertaking meaningful and significant security sector
reform, including transparency and accountability, to prevent
future abuses; and
(3) each of the criteria described in subsection (b) have
been met.
(b) Criteria.--The criteria described in this subsection
are--
(1) adherence by the Tatmadaw to international humanitarian
law and international human rights law, including a pledge to
stop future human rights abuses;
(2) support by the Tatmadaw for efforts to carry out
meaningful and comprehensive investigations of alleged
abuses, including--
(A) taking steps to hold accountable those members of the
Tatmadaw who are responsible for human rights violations; and
(B) advancing justice for survivors, including through
cooperating with the Independent International Fact-Finding
Mission on Myanmar, established by the United Nations Human
Rights Council in March 2017;
(3) the Government of Burma, including the Tatmadaw--
(A) allowing immediate and unfettered humanitarian access
to communities in areas affected by conflict, including
Rohingya communities in Rakhine State;
(B) cooperating with the United Nations High Commissioner
for Refugees and organizations affiliated with the United
Nations to ensure--
(i) the protection of displaced persons; and
(ii) the safe and voluntary return of refugees and
internally displaced persons; and
(C) extending recognition of human rights to all the people
of Rakhine State, including the Rohingya;
(4) the cessation of Tatmadaw attacks on ethnic minority
groups and the constructive participation of the Tatmadaw in
the conclusion of a credible, nationwide cease-fire
agreement, political accommodation, and constitutional
change; and
(5) the release of all political prisoners in Burma.
(c) Report.--Not later than 30 days after the certification
under subsection (a), the Secretary of State, in coordination
with the Secretary of Defense, shall submit a report to the
congressional committees referred to in subsection (a) that
includes--
(1) a description and assessment of the Government of
Burma's strategy for security sector reform, if applicable,
including governance and constitutional reforms to ensure
civilian control;
(2) a description and assessment of the Government of
Burma's strategy and plans--
(A) to end the involvement of the Tatmadaw in the illicit
trade in jade and other natural resources; and
(B) to implement reforms to end corruption and illicit drug
trafficking;
(3) a list of past military activities conducted by the
United States Government with the Government of Burma;
(4) a description of the United States strategy for any
future military-military engagements between the United
States Armed Forces and the Tatmadaw, the Burma Police Force,
and armed ethnic groups;
(5) an assessment of the progress of the Tatmadaw towards
developing a framework to implement human right reforms,
including steps taken by the Tatmadaw to demonstrate respect
for and implementation of international humanitarian law and
international human rights law;
(6) an assessment of how any future engagement with the
Government of Burma will effectively further the protection
of human rights, including--
(A) cooperation with civilian authorities to investigate
and prosecute cases of serious, credible, or gross human
rights violations; and
(B) the elements of the military-to-military engagement
between the United States and Burma that promote the
implementation of human rights reforms;
(7) an assessment of the progress on the peaceful
settlement of armed conflicts between the Government of Burma
and ethnic minority groups, including actions taken by the
Tatmadaw to adhere to cease-fire agreements and withdraw
forces from conflict zones;
(8) an assessment of the Tatmadaw's recruitment and use of
children as soldiers; and
(9) an assessment of the Tatmadaw's use of violence against
women, sexual violence, or other gender-based violence as a
tool of terror, war, or ethnic cleansing.
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