,i #aaith ,,congress #ast ,session ,h4 ,r4 #dadj ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjbe,mr4 ,meeks 7for himself1 ,mr4 ,mc,caul1 ,mr4 ,bera1 and ,mr4 ,huizenga7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to provide protection1 support1 and humanitarian assistance to ,rohingya refugees and internally displaced people in ,burma as well as promote accountability and a path out of genocide and crimes against humanity for ,rohingya4 #a4 ,short title ,this ,act may be cited as the ,burma ,genocide ,accountability and ,protection ,act or the ,burma ,,gap ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in its report dated ,september #ag1 #bjah1 the ,united ,nations ,independent ,international ,fact-,finding ,mission on ,myanmar 7,,ffm7 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 conduct1 enabled recurrence of human rights violations and atrocity crimes1 and emboldened perpetrators and silenced victims1 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 ,burma4 7#b7 ,on ,december #ac1 #bjah1 the ,united ,states ,house of ,representatives passed ,h4 ,res4 #ajia1 by an overwhelming majority of #cid to #a1 expressing the sense of the ,house of ,representatives that atrocities committed against ,rohingya by members of the ,burma military and security forces since ,august #bjag constitute crimes against humanity and genocide4 7#c7 ,on ,september #af1 #bjai1 the ,,ffm reported that it has reasonable grounds to conclude that the evidence that infers genocidal intent on the part of the state1 identified in its last report1 has strengthened that there is a serious risk that genocidal actions may occur or recur4 7#d7 ,on ,february #a1 #bjba1 the ,burma military conducted a coup d'tat1 derailing ,burma's transition to democracy and disregarding the will of the people of ,burma4 7#e7 ,since the ,february #bjba military coup1 the ,burma military and certain local armed groups have continued to commit crimes and abuses against ,rohingya4 ,in ,rakhine state1 over #fjj1jjj ,rohingya1 including at least #acj1jjj confined in internally displaced persons 7,,idp7 camps face heightened risks4 ,the military continues to target ,rohingya with laws and policies that criminalize the exercise of human rights1 as well as with arbitrary arrest and detention1 torture1 sexual violence1 and murder4 7#f7 ,on ,march #ba1 #bjbb1 ,secretary of ,state ,antony ,blinken announced the ,secretary had determined that members of the ,burmese military committed genocide and crimes against humanity against ,rohingya4 7#g7 ,the ,united ,states has been the leading contributor of humanitarian assistance in response to the ,rohingya crisis4 7#h7 ,the ,united ,nations ,high ,commissioner for ,human ,rights said in a ,june #bjbc 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 #bjbc may amount to gross violations of international human rights law1 and serious violations of international humanitarian law4 7#i7 ,according to the ,world ,food ,program1 over #ae percent of young children in the ,rohingya refugee camps in ,bangladesh are suffering from malnutrition4 ,the ,world ,food ,program estimates that it needs another #hc1jjj1jjj in funding to maintain full rations and meet the basic minimum nutritional needs of refugees through ,may #bjbf4 7#aj7 ,funding cuts and rising commodity prices have exacerbated protection concerns for ,rohingya refugees in ,bangladesh1 especially with respect to gender-based violence and child protection1 worsening health outcomes and fueling unsafe and irregular migration throughout the surrounding region4 7#aa7 ,combined with rising food insecurity1 ,rohingya are increasingly unsafe in ,bangladesh as a result of growing competition between armed and criminal groups in the refugee camps4 ,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 populations4 7#ab7 ,the long1 systemic denial of the exercise of certain rights1 including education1 freedoms of expression1 movement1 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 addressed4 #c4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to uphold ,article ,i of the ,convention on the ,prevention and ,punishment of the ,crime of ,genocide1 to which the ,united ,states is a party1 to prevent the crime of genocide and punish its perpetrators2 7#b7 to prevent and end atrocities committed against ,rohingya by addressing the root causes of the genocide and crimes against humanity committed against them1 holding the perpetrators of these crimes accountable1 supporting solutions to respect the human rights and uphold the dignity of ,rohingya1 and to ensure ,rohingya involvement and representation in decision making and implementation processes to address these needs2 7#c7 to support the empowerment of ,rohingya civilian leadership in diaspora communities1 refugee camps in ,bangladesh1 and inside ,burma through consultation and collaboration with ,rohingya community representatives2 7#d7 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 inclusive1 ,federal democracy including through credible transitional justice processes2 7#e7 to collaborate with other countries to pursue and implement coordinated1 comprehensive1 and sustained measures for upholding the dignity and protecting the human rights of ,rohingya2 7#f7 to engage in a coordinated manner with the ,united ,nations ,high ,commissioner for ,refugees other relevant ,united ,nations agencies1 governments1 and intergovernmental entities to establish protocols and respond to protection concerns and to prevent and protect ,rohingya from further atrocities2 and 7#g7 to isolate the ,burma military junta diplomatically and economically until such time that there is a return to civilian rule in ,burma4 #d4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states has a moral and legal responsibility to prevent and punish genocide1 including against ,rohingya2 7#b7 the ,secretary of ,state's determination in ,march #bjbb that genocide and crimes against humanity have been committed against ,rohingya by members of the ,burma military should lead to support for ,rohingya to overcome decades of systemic persecution1 marginalization1 and violence2 7#c7 the ,rohingya crisis and the broader ,burma crisis must be addressed simultaneously to ensure that history does not repeat itself2 7#d7 the ,united ,states should work with other donor nations to ensure that ,rohingya refugees in refugee camps in ,bangladesh receive a ration sufficient to meet the humanitarian minimum standards for food and nutrition needs2 7#e7 the ,united ,states should encourage other countries to contribute additional assistance and follow ,united ,states leadership in protecting ,rohingya through humanitarian assistance1 political and economic empowerment1 accountability for genocide1 crimes against humanity1 and any other international crimes committed by the ,burma military and other armed groups in ,burma1 as well as supporting the voluntary resettlement or eventual safe repatriation of ,rohingya refugees to ,burma when conditions allow2 and 7#f7 the ,united ,states should continue not to recognize the ,burma military junta as the legitimate political representative of the ,burmese people given the genocide1 crimes against humanity1 and coup that it has perpetrated4 #e4 ,united ,states ,special ,representative and ,policy ,coordinator for ,burma 7a7 ,in general ,in the absence of a ,united ,states ,ambassador to ,burma1 the ,secretary of ,state is authorized to appoint a career ,foreign ,service ,officer of ,senior ,foreign ,service rank as ,special ,representative and ,policy ,coordinator for ,burma4 7b7 ,duties ,the ,special ,representative shall-- 7#a7 promote a comprehensive international effort1 including multilateral sanctions1 direct dialogue with all parties1 including democracy advocates1 and support for nongovernmental organizations operating in ,burma and neighboring countries1 designed to restore civilian democratic governance to ,burma and address the urgent humanitarian needs in the region2 7#b7 consult broadly1 including with the ,governments of ,thailand1 ,bangladesh1 ,india1 the ,republic of ,korea1 ,japan1 the member states of ,,asean1 the ,european ,union1 and other nations to coordinate policies toward ,burma2 7#c7 assist efforts by the ,united ,nations ,special ,envoy to secure the release of all political prisoners in ,burma and to promote dialogue among all parties1 including leaders of ,burma's democracy movement2 7#d7 consult with ,congress on policies relevant to ,burma and the future and welfare of all the ,burmese people1 including refugees2 7#e7 coordinate multilateral sanctions efforts against ,burma among ,united ,states allies and partners2 and 7#f7 support protection1 humanitarian assistance1 and accountability efforts for ,rohingya and other ,burmese ethnic minorities in ,burma and the surrounding region4 7c7 ,sunset ,this section shall terminate on the date that is #e years after the date of the enactment of this ,act4 #f4 ,support for protection efforts and durable solutions with respect to ,rohingya 7a7 ,in general ,the ,secretary of ,state1 in consultation with the ,special ,representative 7if so designated under section #e7;a771 should support efforts to protect ,rohingya and prevent further atrocities against ,rohingya and other ,burmese ethnic minorities4 7b7 ,protection efforts ,in carrying out subsection 7a71 the ,secretary should seek to engage in crisis response efforts and efforts to maximize the safety1 security1 and well-being of ,rohingya in ,burma and throughout ,south ,asia and ,southeast ,asia1 by-- 7#a7 supporting ,rohingya refugees access to international protection as well as international asylum and refugee mechanisms1 and preventing indefinite detention and nonrefoulement2 7#b7 facilitating greater access for ,rohingya facing ongoing abuse1 including human trafficking and gender-based violence1 to appropriate legal support services2 7#c7 supporting a monitoring mechanism1 rapid response team1 legal assistance1 and communication mechanisms to overcome military-imposed internet and telecommunication restrictions for ,rohingya living in ,burma2 7#d7 working with other governments in the region to strengthen regional mechanisms and overall coordination on lifesaving search and rescue1 safe disembarkation1 effective receiving and comprehensive assistance for ,rohingya refugees2 7#e7 supporting host communities to facilitate a safer1 more supportive1 and welcoming environment for ,rohingya refugees through the provision of technical assistance and cooperation with local organizations and governments2 and 7#f7 engaging the ,government of ,bangladesh and the international community to establish the necessary mechanisms for ,rohingya refugees to file protection claims1 and seek accountability by-- 7,a7 improving ,rohingya refugees ability to access justice within ,bangladesh through legal aid1 simplifying the process for filing cases1 facilitating the access of lawyers involved in international legal proceedings involving ,rohingya1 and enabling ,rohingya to travel abroad to participate in legal proceedings in other courts2 7,b7 supporting enhanced coordination among ,bangladesh security forces on investigations and accountability2 7,c7 supporting training for ,bangladesh's ,armed ,police ,battalion 7,a,p,bn7 and any other units providing security for ,rohingya refugee camps on humanitarian protection principles and community safety2 and 7,d7 encouraging the ,government of ,bangladesh and other host governments to allow safe houses for ,rohingya human rights activists1 as well as defectors1 insider witnesses to atrocities against ,rohingya and other refugees facing imminent threats4 7c7 ,promoting durable solutions ,in carrying out subsection 7a71 the ,secretary should seek to promote durable solutions with respect to ,rohingya by-- 7#a7 supporting the inclusion of ,rohingya across various sectors in ,burma2 7#b7 facilitating training and capacity building on atrocity prevention for the ,national ,unity ,government 7,,nug71 the ,national ,unity ,consultative ,council 7,,nucc71 the ,committee ,representing ,pyidaungsu ,hluttaw 7,,crph71 ethnic armed organizations1 and other political stakeholders2 7#c7 in consultation with ,rohingya community representatives1 including women and civil society leaders1 collaborating with and supporting key non-military stakeholders to take preparatory steps for-- 7,a7 ensuring the safe and voluntary return of ,rohingya1 which should include those individuals displaced in the #aiijs or born as internally displaced persons or refugees to their places of origin in ,burma2 7,b7 restoring and protecting ,rohingyas rights and providing them full and equal citizenship2 7,c7 recognizing ,rohingya as an official ethnic group in ,burma1 and securing equal social and political power sharing under a ,federal democratic ,constitution2 7,d7 promoting convenings and engagement among ,rohingya1 non state actors1 civil society groups1 and other key stakeholders in ,rakhine state to promote trust building and reconciliation2 7,e7 including ,rohingya across administration and governance mechanisms of ,burma1 including ,rakhine state2 and 7,f7 developing a comprehensive transitional justice strategy2 7#d7 working with ,united ,states allies and partners to broaden resettlement programs and supporting the voluntary resettlement of the most vulnerable individuals within ,rohingya populations1 as well as defectors1 deserters1 and insider witnesses participating in justice processes2 and 7#e7 supporting repatriation of ,rohingya refugees only when conditions are conducive for a safe1 voluntary1 and sustainable return with full rights restored4 #g4 ,humanitarian assistance and support for ,rohingya refugees and internally displaced persons 7a7 ,in general ,the ,secretary of ,state1 in consultation with the ,special ,representative 7if so designated under section #e7;a77 and other relevant ,united ,states ,government agencies1 should continue to provide assistance to ,rohingya refugees1 internally displaced persons1 and host communities receiving such refugees and persons4 7b7 ,activities supported ,assistance provided under subsection 7a7 shall include the following3 7#a7 ,protection programming1 including interventions focused on ,rohingya civil society leaders1 human rights activists1 and others threatened by armed groups4 7#b7 ,support for ,rohingya civil society and community-based organizations1 including 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 ,bangladesh4 7#c7 ,programs to prevent and respond to gender-based violence1 trafficking1 forced marriage1 as well as specialized training programs for vulnerable groups4 7#d7 ,support for education1 including higher education1 for ,rohingya refugees in ,bangladesh4 7#e7 ,support for displaced ,rohingya to access livelihoods through vocational training and volunteer programs organized by international organizations and nongovernmental organizations4 7#f7 ,support for meeting basic needs1 including food1 nutrition1 health care1 protection1 shelter1 water1 sanitation1 and hygiene support4 7#g7 ,support to ,rohingya in ,burma1 refugee camps in ,bangladesh1 and the diaspora to preserve ,rohingya culture1 history1 and memory4 #h4 ,promoting accountability for genocide and crimes against humanity committed against ,rohingya in ,burma 7a7 ,in general ,the ,secretary of ,state1 in consultation with the ,special ,representative 7if so designated under section #e7;a77 and other relevant ,united ,states ,government agencies1 should take the actions described in subsection 7b7 to promote accountability for genocide and crimes against humanity committed against ,rohingya in ,burma4 7b7 ,actions described ,the actions described in this subsection are the following3 7#a7 ,support comprehensive justice and accountability for genocide and crimes against humanity committed against ,rohingya1 including through consultation with and participation by the ,rohingya community4 7#b7 ,support for the efforts of entities1 including the ,independent ,investigative ,mechanism for ,myanmar1 in their work to safely collect and preserve evidence of genocide and crimes against humanity committed against ,rohingya1 including through open-source research and by cultivating insider1 defector1 deserter1 and survivor witnesses1 and to develop the chain of evidence1 for potential use in prosecutions in domestic1 hybrid1 and international courts4 7#c7 ,provide assistance1 particularly financial and technical assistance1 to efforts led by ,rohingya to monitor and document evidence to lead1 assist1 or inform other investigative mechanisms and justice processes4 7#d7 ,encourage the development of an intergovernmental fund to support reparative justice for ,rohingya victims and survivors and identify sources of funding from foreign governments and within the ,united ,states ,government that have already been appropriated4 7#e7 ,engage 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 military1 restore ,rohingya's citizenship and equal rights in ,burma1 and ensure compensation by the ,government of ,burma and restitution for their land and property1 and by providing support1 including technical and financial assistance1 for efforts to memorialize genocide and crimes against humanity in ,burma1 particularly those efforts led by the affected communities4 7#f7 ,provide support for institutional reform and other guarantees of nonrecurrence by civilian leadership in ,burma1 including the security sector1 legislature1 and education system1 and the inclusion and equal participation of ,rohingya in all areas of administration and governance1 under an eventual ,federal democratic system4 7#g7 ,use convening authority to directly bring together various ethnic groups and other related stakeholders in ,burma to promote truth1 justice1 nonrecurrence1 and reconciliation1 to support facilitation of related efforts by civilian leadership in ,burma1 and to provide both technical and financial support to entities1 especially the civil society of ,burma1 to implement work aimed at strengthening rule of law and initiatives aimed at atrocity prevention4 #i4 ,report 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for #e years1 the ,secretary of ,state1 in consultation with the ,special ,representative 7if so designated under section #e7;a771 shall submit to the appropriate congressional committees a report that includes-- 7#a7 a description of and an assessment of the effectiveness of the efforts of the ,united ,states ,government1 during the year prior to the submission of such report1 to-- 7,a7 identify and respond to atrocity risk factors that concern ,rohingya2 7,b7 deter future atrocities against ,rohingya and other ,burmese ethnic minorities2 7,c7 respond to the need for humanitarian assistance for and protection of ,rohingya and other ,burmese ethnic minorities2 7,d7 document the nature of and responsibility for atrocity crimes committed against ,rohingya and other ,burmese ethnic minorities2 and 7,e7 promote justice and accountability for atrocity crimes committed against ,rohingya and other ,burmese ethnic minorities2 7#b7 a detailed description of the actions taken pursuant to sections #f1 #g1 and #h2 7#c7 an assessment of the effect of the actions described in paragraph 7#b7 on the advancement of the policies described in section #c2 7#d7 a list of activities and programs initiated pursuant to this ,act2 7#e7 the number of ,rohingya refugees resettled in the ,united ,states in the year preceding the submission of such report1 segmented by the country from which such refugees were resettled2 7#f7 the number of ,rohingya refugees resettled in countries other than the ,united ,states in the year preceding the submission of such report2 7#g7 a description of any new challenges facing ,rohingya in ,burma or in refugee camps in the year preceding the submission of such report1 including an assessment of early warning indicators and risk factors for atrocities2 and 7#h7 a list of recommendations to facilitate the implementation of this ,act and advance the policies described in section #c1 which may include recommended-- 7,a7 legislative action2 7,b7 administrative action2 and 7,c7 provision of additional resources4 7b7 ,report form 7#a7 ,classification ,the report required under subsection 7a7 shall be submitted in unclassified form and may contain a classified annex4 7#b7 ,public availability of information ,not later than #de days after the date on which the appropriate congressional committees received such report1 the unclassified portion of such report shall be made publicly available on the website of the ,department of ,state4 #aj4 ,authorization of appropriations 7a7 ,general authorizations ,for each of fiscal years #bjbf through #bjcj1 there are authorized to be appropriated1 from amounts made available to carry out the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq471 such sums as may be necessary to carry out sections #f1 #g1 and #h of this ,act4 7b7 ,specific authorizations of appropriations ,for each of fiscal years #bjbf through #bjcj1 there are authorized to be appropriated-- 7#a7 #e1jjj1jjj for the ,department of ,state to support atrocity crime investigations1 documentation1 and casework1 transitional justice and accountability mechanisms1 witness protection measures1 and technical support related to ,rohingya and other ,burmese ethnic minorities2 and 7#b7 #d1jjj1jjj to support programs that capture1 analyze1 and make widely available evidence of the ongoing atrocities against the people of ,burma through the documentation1 verification1 and dissemination of open-source evidence4 #aa4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations of the ,senate4 7#b7 ,genocide ,the term genocide means any offense described in section #ajia7;a7 of title #ah1 ,united ,states ,code4 7#c7 ,special representative ,the term ,special ,representative means the ,united ,states ,special ,representative and ,policy ,coordinator for ,burma designated by the ,president pursuant to section #e7;a74 7#d7 ,burma military junta ,the term ,burma military junta means the ,state ,administrative ,council of ,burma or any successor to such entity4