I 
116TH CONGRESS 
2D SESSION 
H. R. 8744 
To require a determination as to whether crimes committed against the 
Rohingya in Burma amount to genocide. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 12, 2020 
Mr. LEVIN of Michigan (for himself, Mr. CHABOT, Mr. ENGEL, and Mr. 
TRONE) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs 
A BILL 
To require a determination as to whether crimes committed 
against the Rohingya in Burma amount to genocide. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rohingya Genocide 
Determination Act of 2020’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Since August 25, 2017, 740,000 Rohingya 
have fled northern Rakhine State to neighboring 
Bangladesh to escape a systematic campaign of 
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atrocities by Burma’s military and security forces, 
and three years later, conditions are still not condu-
cive to the safe, voluntary, and dignified return of 
the Rohingya to Burma. 
(2) On November 23, 2017, the United States 
Holocaust Museum and Fortify Rights released a re-
port entitled ‘‘They Tried to Kill Us All’’, docu-
menting widespread and systematic atrocities com-
mitted against Rohingya civilians at the hands of 
Burmese ‘‘security forces, civilian perpetrators, and 
militants’’ and highlighting ‘‘growing evidence of 
genocide.’’ 
(3) According to the Department of State’s Au-
gust 24, 2018, report entitled ‘‘Documentation of 
Atrocities in Northern Rakhine State,’’ violence com-
mitted by the Burmese military against the 
Rohingya, including from August to October 2017, 
was not only ‘‘extreme, large-scale, widespread, and 
seemingly geared toward both terrorizing the popu-
lation and driving out the Rohingya residents,’’ but 
also ‘‘well-planned and coordinated’’. 
(4) On August 28, 2018, the United States 
Ambassador to the United Nations told the United 
Nations Security Council that the Department of 
State report’s findings were ‘‘consistent with’’ those 
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in an August 27, 2018, report by the Independent 
International Fact-Finding Mission on Myanmar 
(IIFFMM) which urged that top Burmese military 
officials be investigated and prosecuted for genocide. 
(5) On September 12, 2018, the IIFFMM re-
ported, ‘‘The crimes in Rakhine State, and the man-
ner in which they were perpetrated, are similar in 
nature, gravity and scope to those that have allowed 
genocidal intent to be established in other con-
texts.’’. 
(6) The Public International Law & Policy 
Group (PILPG), whose investigation informed the 
Department of State’s August 2018 report, pub-
lished in December 2018 its Factual Findings & 
Legal Analysis Report, which concluded that ‘‘there 
are reasonable grounds to believe that genocide was 
committed against the Rohingya in Myanmar’s 
northern Rakhine State’’. 
(7) According to the PILPG report, ‘‘The scale 
and severity of the attacks and abuses—particularly 
the mass killings and accompanying brutality 
against children, women, pregnant women, the elder-
ly, religious leaders, and persons fleeing into Ban-
gladesh—suggest that, in the minds of the perpetra-
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tors, the goal was not just to expel, but also to ex-
terminate the Rohingya.’’. 
(8) On December 13, 2018, the House of Rep-
resentatives agreed to H. Res. 1091, which states 
that ‘‘it is the sense of the House of Representatives 
that . . . the atrocities committed against the 
Rohingya by the Burmese military and security 
forces since August 2017 constitute crimes against 
humanity and genocide’’. 
(9) On September 16, 2019, the IIFFMM re-
ported 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 geno-
cidal actions may occur or recur’’. 
(10) The IIFFMM also recognized in its Sep-
tember 16, 2019, report that Burma’s military and 
security forces have committed abuses against mi-
nority groups other than the Rohingya: ‘‘All the eth-
nic minority communities that the Mission inves-
tigated,’’ including ethnic groups in Rakhine, Chin, 
Kayin, Kachin, and Shan States, ‘‘have been de-
prived of justice for the serious human rights viola-
tions perpetrated against them.’’. 
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SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that the atrocities com-
mitted against the Rohingya by the Burmese military and 
security forces constitute genocide. 
SEC. 4. EVALUATION OF ATTACKS AGAINST ROHINGYA IN 
BURMA. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State, 
after consultation with the heads of other United States 
Government agencies represented on the Atrocity Early 
Warning Task Force and representatives of human rights 
organizations, as appropriate, shall submit to the appro-
priate congressional committees an evaluation of the per-
secution of, including attacks against, the Rohingya in 
Burma by Burmese military and security forces, including 
whether the situation constitutes genocide (as defined in 
section 1091 of title 18, United States Code), and a de-
tailed description of any proposed atrocities prevention re-
sponse recommended by the Atrocity Early Warning Task 
Force. 
(b) FORM.—The evaluation required under sub-
section (a) shall be submitted in unclassified form and 
posted to the Department of State website, but may in-
clude a classified annex as necessary. 
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(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Relations, the 
Committee on Armed Services, and the Committee 
on Appropriations of the Senate; and 
(2) and the Committee on Foreign Affairs, the 
Committee on Armed Services, and the Committee 
on Appropriations of the House of Representatives. 
Æ 
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