text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Burma Human Rights and Democracy Act 
  of 2014''.
  
  SEC. 2. ASSISTANCE FOR THE GOVERNMENT OF BURMA.
  
      (a) Limitation.--
              (1) In general.--No funds authorized to be appropriated or 
          otherwise made available for fiscal year 2014 or 2015 may be 
          made available for security assistance described in paragraph 
          (2) to the Government of Burma unless the Secretary of State 
          certifies to the appropriate congressional committees that--
                      (A) the Government of Burma has taken concrete 
                  steps toward--
                              (i) establishing civilian oversight of the 
                          armed forces;
                              (ii) addressing human rights abuses by the 
                          Burmese military, including publicly 
                          acknowledging that human rights abuses have 
                          been and continue to be committed by the 
                          Burmese military, and committing to a zero 
                          tolerance policy against such human rights 
                          abuses; and
                              (iii) terminating military relations with 
                          North Korea;
                      (B) the Government of Burma has taken concrete 
                  steps to establish a fair, transparent and inclusive 
                  process to amend the Constitution of Burma, including 
                  the full participation of the political opposition and 
                  all ethnic minority groups, and the constitutional 
                  reform process will provide the basis for free, fair, 
                  and competitive elections in Burma;
                      (C) the Government of Burma has amended its 
                  constitution and laws to ensure civilian control of the 
                  military and implemented reforms to increase the 
                  transparency and accountability of the military's 
                  budget and operations, and the Burmese military has 
                  taken substantial and meaningful steps to divest itself 
                  from ownership of commercial businesses;
                      (D) the Government of Burma is showing meaningful 
                  and well-documented efforts to promote peace agreements 
                  or political reconciliation and equal and fair 
                  treatment of all ethnic groups in conflict areas or 
                  areas of unrest, and to actively address the 
                  resettlement and humanitarian situation of displaced 
                  persons; and
                      (E) the Burmese military is--
                              (i) improving its human rights record, as 
                          measured by consistent decreases in reports of 
                          forced labor, indefinite detention, torture, or 
                          cruel, inhumane, and degrading treatment of 
                          detainees, and use in armed conflict of 
                          indiscriminate or disproportionate methods and 
                          means of attack;
                              (ii) demonstrating a genuine interest in 
                          reform by ceasing attacks against ethnic 
                          minority groups in both ceasefire and non-
                          ceasefire areas;
                              (iii) taking steps to withdraw forces from 
                          conflict zones, including by halting the use of 
                          soldiers in economic development projects;
                              (iv) adhering to the conditions of 
                          ceasefire agreements; and
                              (v) signing and implementing a code of 
                          conduct.
              (2) Definition.--In this subsection, the term ``security 
          assistance'' means--
                      (A) assistance under chapter 2 (military 
                  assistance), chapter 5 (military education and 
                  training), or chapter 6 (peacekeeping operations) of 
                  part II of the Foreign Assistance Act of 1961;
                      (B) assistance under chapter 8 of part II of the 
                  Foreign Assistance Act of 1961, chapter 9 of part II of 
                  such Act, section 504 of the FREEDOM Support Act, 
                  section 23 of the Arms Export Control Act, or the 
                  Foreign Assistance Act of 1961 for demining programs 
                  and activities to be carried out by or in conjunction 
                  with military units or personnel of a foreign country;
                      (C) sales of defense articles or defense services, 
                  extensions of credits (including participations in 
                  credits), and guaranties of loans under the Arms Export 
                  Control Act; or
                      (D) any license in effect with respect to the 
                  export of defense articles or defense services to or 
                  for the armed forces, police, intelligence, or other 
                  internal security forces of Burma under section 38 of 
                  the Arms Export Control Act.
              (3) Applicability to fy 2014 funds.--The limitation on the 
          availability of funds under this subsection for fiscal year 
          2014 shall apply with respect to funds that are unobligated as 
          of the date of the enactment of this Act.
              (4) Sense of congress.--Nothing in this Act should be 
          construed either to prevent participation by Burmese 
          authorities in training on civil-military relations and human 
          rights, as carried out by the Defense Institute of 
          International Legal Studies, or to prevent United States 
          disaster assistance in Burma.
      (b) Report.--
              (1) In general.--Not later than 120 days after the date of 
          the enactment of this Act, and annually thereafter, the 
          Secretary of State shall submit to the appropriate 
          congressional committees a report on the strategy for, and 
          plans and status of, engagement between the United States and 
          the Burmese military.
              (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, an 
                  identification and comprehensive analysis of those 
                  reform elements that the United States Government 
                  should support, and a multi-year cost estimate for 
                  providing such support.
                      (B) The United States strategy for the relationship 
                  between the United States and the Burmese military, 
                  including a description of how and why such engagements 
                  are necessary for United States national security.
                      (C) An assessment of the human rights record of the 
                  Burmese military over the past decade, including--
                              (i) an account of violations of human 
                          rights and laws of armed conflict by the 
                          Burmese military and all paramilitary and 
                          security forces under its command, including 
                          against ethnic minority groups;
                              (ii) a description of efforts by the 
                          Burmese military to implement human rights 
                          reforms; and
                              (iii) a description of progress in the 
                          relationship between the United States and the 
                          Burmese military and such reforms.
                      (D) An assessment of any substantial and meaningful 
                  steps taken by the Burmese military to implement 
                  reforms to increase transparency and accountability of 
                  the military's budget and operations and to divest 
                  itself from ownership of commercial business.
                      (E) A list of ongoing activities conducted by the 
                  United States Government and other international donors 
                  with the Burmese military, including a description of 
                  each such activity.
                      (F) An update on activities that were listed in 
                  previous reporting.
                      (G) A list of activities that are planned to occur 
                  over the upcoming year, with a written description of 
                  each.
                      (H) A description of progress on the peaceful 
                  settlement of armed conflicts between the Government of 
                  Burma and ethnic minority groups, including the steps 
                  taken by the Burmese military to demonstrate respect 
                  for ceasefires, laws of armed conflict, and human 
                  rights provisions prohibiting rape, torture, forced 
                  labor, trafficking, and the use of child soldiers.
                      (I) A description of the concrete steps the 
                  Government of Burma has taken--
                              (i) to establish a fair, transparent, and 
                          inclusive process to amend the Constitution of 
                          Burma;
                              (ii) to promote peace agreements or 
                          political reconciliation and equal and fair 
                          treatment of all ethnic groups in conflict 
                          areas or areas of unrest; and
                              (iii) to actively address the resettlement 
                          and humanitarian situation of displaced 
                          persons.
                      (J) An assessment of the status of the Burmese 
                  military's cooperation with civilian authorities to 
                  investigate and resolve cases of human rights 
                  violations.
              (3) Form.--The report required under paragraph (1) shall be 
          submitted in unclassified form, but may contain a classified 
          annex as necessary.
      (c) Appropriate Congressional Committees Defined.--In this section, 
  the term ``appropriate congressional committees'' means the Committee 
  on Foreign Affairs of the House of Representatives and the Committee on 
  Foreign Relations of the Senate.
target: Burma Human Rights and Democracy Act of 2014 - Prohibits FY2014 or FY2015 funds from being made available for security assistance to the government of Burma unless the Secretary of State certifies to Congress that: (1) Burma has taken steps toward establishing civilian oversight of the armed forces, addressing human rights abuses by the military, and terminating military relations with North Korea; (2) Burma has taken steps to establish a fair and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and ethnic minority groups; (3) Burma has amended its constitution and laws to ensure civilian control of the military; (4) Burma is promoting peace agreements or political reconciliation and is addressing the resettlement and humanitarian situation of displaced persons; and (5) the Burmese military is improving its human rights record, taking steps to withdraw forces from conflict zones, and implementing a code of conduct. States that nothing in this Act should be construed to prevent participation by Burmese authorities in training on civil-military relations and human rights, as carried out by the Defense Institute of International Legal Studies, or to prevent U.S. disaster assistance in Burma.   Directs the Secretary of State to report annually to Congress on the status of military-to-military engagement between the U.S. Armed Forces and the Burmese military.
feat_title: Burma Human Rights and Democracy Act of 2014