HR 3190 RFS
paragraph (1) amount to war crimes, crimes against 
humanity, or genocide; and 
(4) includes a determination of the Secretary 
whether— 
(A) the events that took place in the state 
of Rakhine in Burma, starting on August 25, 
2017, constitute war crimes, crimes against hu-
manity, or genocide; or 
(B) the situation faced by the Rohingya in 
Rakhine State, between 2012 and the date of 
the submission of the report, amounts to or has 
amounted to the crime of apartheid. 
(b) ELEMENTS.—The report required by subsection 
(a) shall also include each of the following: 
(1) A description of— 
(A) each incident for which there is cred-
ible evidence that the incident may constitute 
war crimes, crimes against humanity, or geno-
cide committed by the Burmese military or se-
curity forces against the Rohingya and other 
ethnic minorities, including the identities of any 
other actors involved in such incident; 
(B) the role of the civilian government in 
the commission of any such incidents; 
VerDate Sep 11 2014 
02:33 Sep 26, 2019
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.RFS
H3190
pamtmann on DSKBC07HB2PROD with BILLS
HR 3190 RFS
(C) each incident for which there is cred-
ible evidence that the incident may constitute 
war crime, crimes against humanity, or geno-
cide committed by violent extremist groups in 
Burma; 
(D) each attack on health workers, health 
facilities, health transport, or patients and, to 
the extent possible, the identities of any individ-
uals who engaged in or organized such incidents 
in Burma; and 
(E) to the extent possible, a description of 
the conventional and unconventional weapons 
used for any such crimes and the sources of 
such weapons. 
(2) A description and assessment, in consulta-
tion with the Administrator of the United States 
Agency for International Development, the Attorney 
General, and other heads of any other appropriate 
Federal departments or agencies, of the effectiveness 
of any programs that the United States has already 
undertaken to ensure accountability for war crimes, 
crimes against humanity, and genocide perpetrated 
against the Rohingya by the military and security 
forces of Burma, the Rakhine State government, 
pro-government militias, and all other armed groups 
VerDate Sep 11 2014 
02:33 Sep 26, 2019
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.RFS
H3190
pamtmann on DSKBC07HB2PROD with BILLS
HR 3190 RFS
operating fighting in Rakhine, including programs 
to— 
(A) train civilian investigators within and 
outside of Burma and Bangladesh on how to 
document, investigate, develop findings of, iden-
tify, and locate alleged perpetrators of war 
crimes, crimes against humanity, or genocide in 
Burma; 
(B) promote and prepare for a transitional 
justice process or processes for the perpetrators 
of war crimes, crimes against humanity, and 
genocide occurring in the State of Rakhine in 
2017; and 
(C) document, collect, preserve, and pro-
tect evidence of war crimes, crimes against hu-
manity, and genocide in Burma, including by 
providing support for Burmese, Bangladeshi, 
foreign, and international nongovernmental or-
ganizations, the United Nations Human Rights 
Council’s investigative team, and other entities 
engaged in such investigative activities. 
(3) A detailed study of the feasibility and desir-
ability of potential transitional justice mechanisms 
for Burma, such as an international tribunal, a hy-
VerDate Sep 11 2014 
02:33 Sep 26, 2019
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.RFS
H3190
pamtmann on DSKBC07HB2PROD with BILLS
HR 3190 RFS
brid tribunal, or other international options, that in-
cludes— 
(A) a discussion of the use of universal ju-
risdiction or of legal cases brought against the 
country of Burma by other sovereign countries 
at the International Court of Justice to address 
war crimes, crimes against humanity, and geno-
cide perpetrated in Burma; 
(B) recommendations on which transitional 
justice mechanisms the United States should 
support, why such mechanisms should be sup-
ported, and what type of support should be of-
fered; and 
(C) close consultation regarding transi-
tional justice mechanisms with Rohingya rep-
resentatives and those of other ethnic minorities 
who have suffered grave human rights abuses. 
(c) PROTECTION OF WITNESSES AND EVIDENCE.— 
The Secretary of State shall ensure that the identification 
of witnesses and physical evidence for purposes of the re-
port required by subsection (a) are not publicly disclosed 
in a manner that might place such persons at risk of harm 
or encourage the destruction of such evidence by the mili-
tary or Government of Burma. 
VerDate Sep 11 2014 
02:33 Sep 26, 2019
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.RFS
H3190
pamtmann on DSKBC07HB2PROD with BILLS
HR 3190 RFS
(d) CRIME OF APARTHEID.—In this section, the term 
‘‘crime of apartheid’’ means inhumane acts that— 
(1) are of a character similar to the acts re-
ferred to in subparagraphs (A) through (H) of sec-
tion 2(2); 
(2) are committed in the context of an institu-
tionalized regime of systematic oppression and domi-
nation by one racial group over any other racial 
group; and 
(3) are committed with the intention of main-
taining such regime. 
SEC. 402. AUTHORIZATION TO PROVIDE TECHNICAL AS-
SISTANCE FOR EFFORTS AGAINST HUMAN 
RIGHTS ABUSES. 
(a) IN GENERAL.—The Secretary of State is author-
ized to provide assistance to support appropriate civilian 
or international entities that are undertaking the efforts 
described in subsection (b) with respect to war crimes, 
crimes against humanity, and genocide perpetrated by the 
military and security forces of Burma, the Rakhine State 
government, pro-government militias, or any other armed 
groups fighting in Rakhine State. 
(b) EFFORTS AGAINST HUMAN RIGHTS ABUSES.— 
The efforts described in this subsection are the following: 
VerDate Sep 11 2014 
02:33 Sep 26, 2019
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.RFS
H3190
pamtmann on DSKBC07HB2PROD with BILLS