[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8936 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8936

To provide protection, support, and humanitarian assistance to Rohingya 
      refugees and internally displaced people as well as promote 
 accountability and a path out of genocide and crimes against humanity 
                             for Rohingya.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 5, 2024

  Mr. Meeks introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To provide protection, support, and humanitarian assistance to Rohingya 
      refugees and internally displaced people as well as promote 
 accountability and a path out of genocide and crimes against humanity 
                             for Rohingya.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rohingya Genocide Accountability and 
Protection Act'' or ``Rohingya GAP Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In its report dated September 17, 2018, the United 
        Nations Independent International Fact-Finding Mission on 
        Myanmar (FFM) found that impunity was a ``root cause of 
        continued human rights violations in Myanmar'' that ``has 
        significantly and demonstrably contributed to the validation of 
        deeply oppressive and discriminatory conduct, enabled 
        recurrence of human rights violations and atrocity crimes, and 
        emboldened perpetrators and silenced victims,'' and concluded 
        that ``ensuring accountability for crimes'' was ``the key to 
        disrupting patterns of oppression and cycles of violence'' as 
        well as a legal obligation for Burma.
            (2) On December 13, 2018, the U.S. House of Representatives 
        passed H. Res. 1091, by an overwhelming majority of 394 to 1, 
        expressing the sense of the House of Representatives that 
        atrocities committed against Rohingya by members of the Burma 
        military and security forces since August 2017 constitute 
        crimes against humanity and genocide.
            (3) On September 16, 2019, the FFM reported that it ``has 
        reasonable grounds to conclude that the evidence that infers 
        genocidal intent on the part of the State, identified in its 
        last report, has strengthened that there is a serious risk that 
        genocidal actions may occur or recur''.
            (4) On February 1, 2021, the Burma military conducted a 
        coup d'etat, derailing Burma's transition to democracy and 
        disregarding the will of the people of Burma.
            (5) Since the February 2021 military coup, the Burma 
        military and certain local armed groups have continued to 
        commit crimes and abuses against Rohingya. In Rakhine State, 
        over 600,000 Rohingya, including at least 130,000 confined in 
        internally displaced persons (IDP) camps face heightened risks. 
        The military continues to target Rohingya with laws and 
        policies that criminalize the exercise of human rights, as well 
        as with arbitrary arrest and detention, torture, sexual 
        violence, and murder.
            (6) On March 21, 2022, Secretary of State Antony Blinken 
        announced the Secretary had determined that ``members of the 
        Burmese military committed genocide and crimes against humanity 
        against Rohingya''.
            (7) The United States is the leading contributor of 
        humanitarian assistance in response to the Rohingya crisis. 
        Since 2017, the United States Government has provided nearly 
        $2.4 billion in response to the Rohingya crisis, including $1.9 
        billion to assist Rohingya refugees and host communities in 
        Bangladesh. The United Kingdom and Japan, the other leading 
        contributors of humanitarian assistance to the Rohingya crisis, 
        have provided nearly $479 million and $220 million respectively 
        to support Rohingya refugees in Bangladesh.
            (8) The United Nations High Commissioner for Human Rights 
        said in a June 2023 report that the Burma military's 
        restrictions on aid access by local and international 
        organizations seeking to respond to Cyclone Mocha in Rakhine 
        State in May 2023 may amount to gross violations of 
        international human rights law, and serious violations of 
        international humanitarian law.
            (9) According to the World Food Program, since it was 
        forced to cut food rations in March and May 2023, food 
        insecurity has increased for Rohingya refugees in Bangladesh, 
        ``with a staggering 90 per cent of the population lacking 
        access to an adequate diet and over 15 percent of young 
        children suffering from malnutrition''. The World Food Program 
        estimates that it needs another $38 million in funding to fully 
        restore a ration to meet the basic minimum nutritional needs of 
        refugees.
            (10) Funding cuts and rising commodity prices have 
        exacerbated protection concerns for Rohingya refugees in 
        Bangladesh, especially with respect to gender-based violence 
        and child protection, worsening health outcomes and fueling 
        unsafe and irregular migration throughout the surrounding 
        region.
            (11) Combined with rising food insecurity, Rohingya are 
        increasingly unsafe in Bangladesh as a result of growing 
        competition between armed and criminal groups in the refugee 
        camps. These factors have driven thousands of Rohingya to flee 
        to maritime Southeast Asia by boat only to face obstacles from 
        regional navies and growing resentment from local populations.
            (12) The long, systemic denial of the exercise of certain 
        rights, including education, freedoms of expression, movement, 
        and rights related to nationality have had enduring effects on 
        many Rohingya persons' mental and physical well-being and 
        perpetuate the risk of future genocidal violence until these 
        root causes are addressed.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to uphold Article I of the Convention on the Prevention 
        and Punishment of the Crime of Genocide, to which the United 
        States is a party, to prevent the crime of genocide and punish 
        its perpetrators;
            (2) to prevent and end atrocities committed against 
        Rohingya by addressing the root causes of the genocide 
        committed against them, holding the perpetrators of these 
        crimes accountable, supporting solutions to respect the human 
        rights and uphold the dignity of Rohingya, and to ensure 
        Rohingya involvement and representation in decision making and 
        implementation processes to address these needs;
            (3) to support the empowerment of Rohingya civilian 
        leadership in diaspora communities, refugee camps in 
        Bangladesh, and inside Burma through consultation and 
        collaboration with Rohingya community representatives;
            (4) to provide holistic support to the Rohingya community 
        to overcome decades of systematic persecution and 
        discrimination and to best support the desires of all 
        communities in Burma to achieve lasting peace and an inclusive, 
        Federal democracy including through credible transitional 
        justice processes;
            (5) to collaborate with other countries to pursue and 
        implement coordinated, comprehensive, and sustained measures 
        for upholding the dignity and protecting the human rights of 
        Rohingya; and
            (6) to engage in a coordinated manner with the United 
        Nations High Commissioner for Refugees other relevant United 
        Nations agencies, governments, and intergovernmental entities 
        to establish protocols and respond to protection concerns and 
        to prevent and protect Rohingya from further atrocities.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States has a moral and legal responsibility 
        to prevent and punish genocide, including against Rohingya;
            (2) the Secretary of State's determination of genocide and 
        crimes against humanity against Rohingya by members of the 
        Burma military in March 2022 was historic and should serve as a 
        clarion call to support Rohingya to overcome decades of 
        systemic persecution, marginalization, and violence;
            (3) the Rohingya crisis and the broader Burma crisis must 
        be addressed simultaneously, not in sequence; and
            (4) the United States should encourage other countries to 
        contribute additional assistance and follow United States 
        leadership in protecting Rohingya through humanitarian 
        assistance, political and economic empowerment, accountability 
        for genocide, crimes against humanity, and any other 
        international crimes committed by the Burma military and other 
        armed groups in Burma, and supporting the voluntary 
        resettlement or eventual safe repatriation of Rohingya refugees 
        to Burma when conditions allow.

SEC. 5. UNITED STATES SPECIAL COORDINATOR FOR ROHINGYA ATROCITIES 
              PREVENTION AND RESPONSE.

    (a) In General.--The President is authorized to designate an 
official of the Department of State at the Under Secretary level to 
serve as the United States Special Coordinator for Rohingya Atrocities 
Prevention and Response for a two-year period that may be renewed by 
the President. The official so appointed may continue to serve in the 
official's capacity at the Under Secretary level.
    (b) Duties.--The Special Coordinator shall assist in--
            (1) coordinating the policies of the United States 
        regarding Rohingya with relevant bureaus and offices within the 
        Department of State and other relevant United States Government 
        agencies; and
            (2) diplomatically engaging with foreign governments and 
        international organizations to advance international 
        coordination and cooperation to support Rohingya.

SEC. 6. SUPPORT FOR PROTECTION EFFORTS AND DURABLE SOLUTIONS WITH 
              RESPECT TO ROHINGYA.

    (a) In General.--The Secretary of State and the Administrator of 
the United States Agency for International Development should, in 
consultation with the Special Coordinator (if so designated), support 
efforts to protect Rohingya and prevent further atrocities against 
Rohingya.
    (b) Protection Efforts.--In carrying out subsection (a), the 
Secretary and Administrator should seek to engage in crisis response 
efforts and efforts to maximize the safety, security, and well-being of 
Rohingya in Burma and throughout South Asia and Southeast Asia, by--
            (1) supporting Rohingya refugees' access to international 
        protection as well as international asylum and refugee 
        mechanisms, and preventing indefinite detention and non-
        refoulement;
            (2) ensuring Rohingya facing ongoing abuse, including human 
        trafficking and gender-based violence, have access to a range 
        of legal support services, including protection case management 
        and legal and health support;
            (3) supporting a monitoring mechanism, rapid response team, 
        legal assistance, and communication mechanisms to overcome 
        military-imposed internet and telecommunication restrictions 
        for Rohingya living in Burma;
            (4) working with governments in the region to strengthen 
        regional mechanisms and overall coordination on lifesaving 
        search and rescue, safe disembarkation, effective receiving and 
        comprehensive assistance for Rohingya refugees;
            (5) supporting host communities to facilitate a safer, more 
        supportive, and welcoming environment for Rohingya refugees 
        through the provision of technical assistance and cooperation 
        with local organizations and governments;
            (6) engaging the Government of Bangladesh to establish the 
        necessary mechanisms for Rohingya refugees to file protection 
        claims, and seek accountability by--
                    (A) improving Rohingya refugees' ability to access 
                justice within Bangladesh through legal aid, 
                simplifying the process for filing cases, facilitating 
                the access of lawyers involved in international legal 
                proceedings involving Rohingya, and enabling Rohingya 
                to travel abroad to participate in legal proceedings in 
                other courts;
                    (B) supporting enhanced coordination among 
                Bangladesh security forces on investigations and 
                accountability;
                    (C) supporting training for Bangladesh's Armed 
                Police Battalion (APBn) and any other units providing 
                security for Rohingya refugee camps on humanitarian 
                protection principles and community safety; and
                    (D) encouraging the Government of Bangladesh and 
                other host governments to allow safe houses for 
                Rohingya human rights defenders, as well as defectors, 
                insider witnesses to atrocities against Rohingya and 
                other refugees facing imminent threats;
    (c) Promoting Durable Solutions.--In carrying out subsection (a), 
the Secretary and Administrator should seek to promote durable 
solutions with respect to Rohingya by--
            (1) supporting the inclusion of Rohingya across various 
        sectors in Burma and facilitating training and capacity 
        building on atrocity prevention for the National Unity 
        Government (NUG), the National Unity Consultative Council 
        (NUCC), the Committee Representing Pyidaungsu Hluttaw (CRPH), 
        ethnic armed organizations, and other political stakeholders;
            (2) in consultation with Rohingya community 
        representatives, including women and civil society leaders, 
        collaborating with and supporting key non-military stakeholders 
        to take preparatory steps for--
                    (A) ensuring the safe and voluntary return of 
                Rohingya, which should include those individuals 
                displaced in the 1990s or born as internally displaced 
                persons or refugees to their places of origin in Burma;
                    (B) restoring and protecting Rohingyas' rights and 
                providing them full and equal citizenship;
                    (C) recognizing Rohingya as an official ethnic 
                group in Burma, and securing equal social and political 
                power-sharing under a Federal democratic constitution;
                    (D) promoting convenings and engagement among 
                Rohingya, non-state actors, civil society groups, and 
                other key stakeholders in Rakhine State to promote 
                trust-building and reconciliation;
                    (E) including Rohingya across administration and 
                governance mechanisms of Burma, including Rakhine 
                State; and
                    (F) developing a comprehensive transitional justice 
                strategy;
            (3) working with United States allies and partners to 
        broaden resettlement programs and supporting the voluntary 
        resettlement of the most vulnerable individuals within Rohingya 
        populations, as well as defectors, deserters, and insider 
        witnesses participating in justice processes; and
            (4) supporting repatriation of Rohingya refugees only when 
        conditions are conducive for a safe, voluntary, and sustainable 
        return with full rights restored.

SEC. 7. HUMANITARIAN ASSISTANCE AND SUPPORT FOR ROHINGYA REFUGEES AND 
              INTERNALLY DISPLACED PERSONS.

    (a) In General.--The Secretary of State and the Administrator of 
the United States Agency for International Development, in consultation 
with the Special Coordinator (if so designated) and other relevant 
United States Government agencies, should continue to provide 
assistance to Rohingya refugees, internally displaced persons, and host 
communities receiving such refugees and persons.
    (b) Activities Supported.--Assistance provided under subsection (a) 
shall include the following:
            (1) Protection programming, including interventions focused 
        on Rohingya civil society leaders, human rights defenders, and 
        others threatened by armed groups.
            (2) Support--
                    (A) to Rohingya civil society and community-based 
                organizations so they can represent themselves.
                    (B) and diplomatic engagement to encourage the 
                Government of Bangladesh to allow the operation of 
                Rohingya-led civil society and community-based 
                organizations in the refugee camps in Bangladesh.
            (3) Programs to prevent and respond to gender-based 
        violence, trafficking, forced marriage, as well as specialized 
        training programs for vulnerable groups.
            (4) Support for education, including higher education, for 
        Rohingya refugees in Bangladesh.
            (5) Support for displaced Rohingya to access livelihoods 
        through vocational training and volunteer programs organized by 
        international organizations and nongovernmental organizations.
            (6) Support for meeting basic needs, including food, 
        nutrition, healthcare, protection, shelter, water, sanitation, 
        and hygiene support;
            (7) Support to Rohingya in Burma, refugee camps in 
        Bangladesh, and the diaspora to preserve Rohingya culture, 
        history, and memory.

SEC. 8. PROMOTING ACCOUNTABILITY FOR GENOCIDE AND CRIMES AGAINST 
              HUMANITY COMMITTED AGAINST ROHINGYA IN BURMA.

    (a) In General.--The Secretary of State and the Administrator of 
the United States Agency for International Development, in consultation 
with the Special Coordinator (if so designated) and other relevant 
United States Government agencies, should take the actions described in 
subsection (b) to promote accountability for genocide and crimes 
against humanity committed against Rohingya in Burma.
    (b) Actions Described.--The actions described in this subsection 
are the following:
            (1) Support comprehensive justice and accountability for 
        genocide and crimes against humanity committed against 
        Rohingya, including through consultation with and participation 
        by the Rohingya community.
            (2) Support for the efforts of entities, including the 
        Independent Investigative Mechanism for Myanmar, in their work 
        to safely collect and preserve evidence of genocide and crimes 
        against humanity committed against Rohingya, including through 
        open-source research and by cultivating insider, defector, 
        deserter, and survivor witnesses, and to develop the chain of 
        evidence, for potential use in prosecutions in domestic, 
        hybrid, and international courts.
            (3) Provide assistance, particularly financial and 
        technical assistance, to efforts led by Rohingya to monitor and 
        document evidence to lead, assist, or inform other 
        investigative mechanisms and justice processes.
            (4) Encourage development of an intergovernmental fund to 
        support reparative justice for Rohingya victims and survivors 
        and identifying sources of funding among other States and 
        within the United States Government that have already been 
        appropriated.
            (5) Support and monitor an effective remedy and reparations 
        process for Rohingya, especially by engaging with Burma's 
        civilian leadership and any subsequent democratic leadership in 
        Burma to officially acknowledge genocide and crimes against 
        humanity committed by members of the Burma military, restore 
        Rohingya's citizenship and equal rights in Burma, and ensure 
        compensation by the Government of Burma and restitution for 
        their land and property, and by providing support, including 
        technical and financial assistance, for efforts to memorialize 
        genocide and crimes against humanity in Burma, particularly 
        those efforts led by the affected communities.
            (6) Provide support for institutional reform and other 
        guarantees of non-recurrence by civilian leadership in Burma, 
        including the security sector, legislature, and education 
        system, and the inclusion and equal participation of Rohingya 
        in all areas of administration and governance, under an 
        eventual Federal democratic system.
            (7) Use convening authority to directly bring together 
        various ethnic groups and other related stakeholders in Burma 
        to promote truth, justice, non-recurrence, and reconciliation, 
        to support facilitation of related efforts by civilian 
        leadership in Burma, and to provide both technical and 
        financial support to entities, especially the civil society of 
        Burma, to implement work aimed at strengthening rule of law and 
        initiatives aimed at atrocity and genocide prevention.

SEC. 9. REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter for 5 years, the 
Secretary of State and the Administrator of the United States Agency 
for International Development shall submit to the appropriate 
congressional committees a report that includes--
            (1) a description of and an assessment of the effectiveness 
        of the efforts of the United States Government, during the year 
        prior to the submission of such report, to--
                    (A) identify and respond to atrocity risk factors 
                that concern Rohingya;
                    (B) deter future atrocities against Rohingya;
                    (C) respond to the need for humanitarian assistance 
                for and protection of Rohingya;
                    (D) document the nature of and responsibility for 
                atrocity crimes committed against Rohingya; and
                    (E) promote justice and accountability for atrocity 
                crimes committed against Rohingya;
            (2) a detailed description of the actions taken pursuant to 
        sections 6, 7, and 8;
            (3) an assessment of the effect of the actions described in 
        paragraph (2) on the advancement of the policies described in 
        section 3;
            (4) a list of activities and programs initiated pursuant to 
        this Act;
            (5) the number of Rohingya refugees resettled in the United 
        States in the year preceding the submission of such report, 
        segmented by the country from which such refugees were 
        resettled;
            (6) the number of Rohingya refugees resettled in countries 
        other than the United States in the year preceding the 
        submission of such report;
            (7) a description of any new challenges facing Rohingya in 
        Burma or in refugee camps in the year preceding the submission 
        of such report, including an assessment of early warning 
        indicators and risk factors for atrocities; and
            (8) a list of recommendations to facilitate the 
        implementation of this Act and advance the policies described 
        in section 3, which may include recommended--
                    (A) legislative action;
                    (B) administrative action; and
                    (C) provision of additional resources.
    (b) Report Form.--
            (1) Classification.--The report required under subsection 
        (a) shall be submitted in unclassified form and may contain a 
        classified annex.
            (2) Public availability of information.--Not later than 45 
        days after the date on which the appropriate congressional 
        committees received such report, the unclassified portion of 
        such report shall be made publicly available on the website of 
        the Department of State.

SEC. 10. SCHOLARSHIPS.

    (a) In General.--Subject to the availability of appropriations, for 
each of fiscal years 2025 through 2030, the Secretary of State should 
distribute to Rohingya who do not live in Burma not fewer than 50 
scholarships to attend an institution of higher education in the United 
States.
    (b) Scholarship Defined.--In this section, the term ``scholarship'' 
means financial assistance for--
            (1) tuition and fees required to attend an educational 
        institution, in full or in part;
            (2) books, supplies, and equipment required for a course at 
        an educational institution;
            (3) living expenses at an educational institution; and
            (4) travel expenses to, from, and within the United States 
        for the purpose of attending an institution of higher 
        education.

SEC. 11. AUTHORIZATION TO ENSURE SUFFICIENT RATIONS.

    The Administrator of the United States Agency for International 
Development and the Secretary of State are authorized to ensure that 
Rohingya refugees in refugee camps in Bangladesh receive a ration 
sufficient to meet the humanitarian minimum standards for food and 
nutrition needs.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) General Authorizations.--For each of fiscal years 2025 through 
2030, there are authorized to be appropriated, from amounts made 
available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq), such sums as may be necessary to carry out sections 6, 7, 
and 8 of this Act.
    (b) Specific Authorizations of Appropriations.--For each of fiscal 
years 2025 through 2029, there are authorized to be appropriated--
            (1) $10,000,000 for the Department of State to support 
        atrocity crime investigations, documentation, and casework, 
        transitional justice and accountability mechanisms, witness 
        protection measures, and technical support related to Rohingya; 
        and
            (2) $8,000,000 for the Conflict Observatory of the 
        Department of State's Bureau of Conflict and Stabilization 
        Operations to establish and support a Burma-focused conflict 
        observatory program that captures, analyzes, and makes widely 
        available evidence of the ongoing atrocities in Burma through 
        the documentation, verification, and dissemination of open-
        source evidence regarding the actions of the Burma military.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) Special coordinator.--The term ``Special Coordinator'' 
        means the United States Special Coordinator for Rohingya 
        Atrocities Prevention and Response designated by the President 
        pursuant to section 5(a).
            (3) Genocide.--The term ``genocide'' means any offense 
        described in section 1091(a) of title 18, United States Code.
            (4) 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.
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