[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5961 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5961
To provide for relief of victims of genocide, crimes against humanity,
and war crimes in Iraq and Syria, for accountability for perpetrators
of these crimes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2016
Mr. Smith of New Jersey (for himself, Ms. Eshoo, Mr. Franks of Arizona,
and Mr. Fortenberry) introduced the following bill; which was referred
to the Committee on Foreign Affairs, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for relief of victims of genocide, crimes against humanity,
and war crimes in Iraq and Syria, for accountability for perpetrators
of these crimes, and for other purposes.
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 ``Iraq and Syria Genocide Relief and
Accountability Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On March 17, 2016, Secretary of State John Kerry
stated, ``in my judgment, Daesh is responsible for genocide
against groups in areas under its control, including Yezidis,
Christians, and Shia Muslims. Daesh is genocidal by self-
proclamation, by ideology, and by actions--in what it says,
what it believes, and what it does. Daesh is also responsible
for crimes against humanity and ethnic cleansing directed at
these same groups and in some cases also against Sunni Muslims,
Kurds, and other minorities . . . the full facts must be
brought to light by an independent investigation and through
formal legal determination made by a competent court or
tribunal . . . the United States will strongly support efforts
to collect, document, preserve, and analyze the evidence of
atrocities, and we will do all we can to see that the
perpetrators are held accountable . . . the best response to
genocide is a reaffirmation of the fundamental right to survive
of every group targeted for destruction. What Daesh wants to
erase, we must preserve.''.
(2) Secretary of State Kerry stated in the ``Atrocities
Prevention Report'', transmitted to Congress on March 17, 2016,
``We assess that violent extremists have committed mass
atrocities in the Middle East and that Yezidis, Christians, and
Shia Muslims and members of other ethnic and religious minority
groups are among the victims. It is important that the
international community collectively support the victims of all
Da'esh atrocities. We continue to work on responding to the
situation on the ground and we continue to investigate and
assess all relevant information as it becomes available . . .
The United States supports accountability efforts for those
responsible for atrocities, human rights violations and abuses
and violations of international humanitarian law. The United
States strongly supports a comprehensive approach towards
transitional justice, including accountability for atrocities,
compensation and rehabilitation for victims, and steps towards
national reconciliation . . . The Department of State has a
longstanding commitment to providing support for the urgent
humanitarian needs of conflict-affected populations in Iraq,
Syria, and across the world, including but not limited to
members of ethnic and religious minorities.''.
(3) The Independent International Commission of Inquiry on
the Syrian Arab Republic stated in its February 3, 2016,
report, ``Detainees held by the Government were beaten to
death, or died as a result of injuries sustained due to
torture. Others perished as a consequence of inhuman living
conditions. The Government has committed the crimes against
humanity of extermination, murder, rape or other forms of
sexual violence, torture, imprisonment, enforced disappearance
and other inhuman acts. Based on the same conduct, war crimes
have also been committed . . . Jabhat Al-Nusra has set up
detention facilities in Idlib where deaths in detention were
documented. The terrorist group also conducted mass executions
of captured Government soldiers. Both Jabhat Al-Nusra and some
anti-Government armed groups have committed the war crimes of
murder, cruel treatment, and torture. ISIS subjected detainees
to serious abuses, including torture and summary executions.
Detainees were frequently executed after unauthorised courts
issued a death sentence. ISIS has committed the crimes against
humanity of murder and torture, and war crimes.''.
(4) The International Criminal Investigative Training
Assistance Program and the Office of Overseas Prosecutorial
Development Assistance and Training of the Department of
Justice have provided technical assistance to governmental
judicial and law enforcement entities in Iraq, including with
funding support from the Department of State.
(5) The Chaldean Catholic Archdiocese of Erbil (Iraq) is an
example of an entity that has not received funding from any
government and has been providing assistance to internally
displaced families of Yezidis, Muslims, and Christians,
including food, resettlement from tents to permanent housing,
and rent for Yezidis, medical care and education for Yezidis
and Muslims through clinics, schools, and a university that are
open to all, and some form of these types of assistance to all
of the estimated 10,500 internally displaced Christian families
in the greater Erbil region.
(6) In fiscal year 2015, the United States Government
admitted to the United States through the U.S. Refugee
Admissions Program persons from Priority Two groups of special
humanitarian concern, as designated by Congress, including--
(A) Jews, Evangelical Christians, Ukrainian
Catholics, and Ukrainian Orthodox, from the former
Soviet Union;
(B) Iraqis at-risk because they were or are
employed in Iraq by the United States Government, a
media or nongovernmental organization headquartered in
the United States, or an organization or entity that
received funding from the United States Government, or
are related to someone who is or was so employed;
(C) religious minorities in Iran; or
(D) members of other groups as designated by the
United States Government, including former political
prisoners, active members of persecuted religious
minorities, human rights activists, and forced labor
conscripts in Cuba, minors in Honduras, El Salvador,
and Guatemala, ethnic minorities from Burma in
Malaysia, Bhutanese in Nepal, and Congolese in Rwanda.
(7) Through the U.S. Refugee Admissions Program, the United
States Government--
(A) admitted 12,676 Iraqi refugees in fiscal year
2015, including at least 2,113 Christians, 213 Yezidis,
and 4,554 Shia Muslims;
(B) admitted 8,313 Iraqi refugees in fiscal year
2016 as of August 31, 2016, including at least 1,173
Christians, 295 Yezidis, and 2,629 Shia Muslims;
(C) admitted 1,682 Syrian refugees in fiscal year
2015, including at least 30 Christians and 10 Shia
Muslims; and
(D) admitted 10,740 Syrian refugees in fiscal year
2016 as of August 31, 2016, including at least 51
Christians, 17 Yezidis, and 20 Shia Muslims.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, and the Committee on Homeland
Security of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Committee on
Homeland Security and Governmental Affairs of the
Senate.
(2) Capacity-building.--The term ``capacity-building'',
with respect to cases of genocide, crimes against humanity, war
crimes, and terrorism in Iraq or Syria, means developing
domestic skills to efficiently adjudicate such cases,
consistent with due process and respect for the rule of law,
through the use of experts in international criminal
investigations and experts in international criminal law to
partner with, mentor, provide technical advice for, formally
train, and provide equipment and infrastructure where necessary
and appropriate to, investigators and judicial personnel in
Iraq, including the Kurdistan region of Iraq, and domestic
investigators and lawyers in Syria.
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated by
the Secretary of State as a foreign terrorist organization
pursuant to section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
(4) Humanitarian, stabilization, and recovery needs.--The
term ``humanitarian, stabilization, and recovery needs'', with
respect to an individual, includes water, sanitation, hygiene,
food security and nutrition, shelter and housing, medical,
education, and psychosocial needs.
(5) Hybrid court.--The term ``hybrid court'' means a court
with a combination of domestic and international lawyers,
judges, and personnel.
(6) Internationalized domestic court.--The term
``internationalized domestic court'' means a domestic court
with the support of international advisers.
SEC. 4. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ AND SYRIA.
(a) Assistance To Support Certain Entities.--
(1) In general.--The Secretary of State, acting through the
Assistant Secretary for Democracy, Human Rights, and Labor and
the Assistant Secretary for International Narcotics and Law
Enforcement Affairs, and Administrator of the United States
Agency for International Development shall provide assistance,
including financial assistance, to support entities that are
taking the actions described in paragraph (2) with respect to
individuals who are suspected to have committed genocide,
crimes against humanity, or war crimes in Iraq since January
2014 or Syria since March 2011.
(2) Actions described.--The actions described in this
paragraph are the following:
(A) Conducting criminal investigations.
(B) Developing investigative and judicial
capacities.
(C) Collecting evidence.
(D) Preserving the chain of evidence for
prosecution in domestic courts, hybrid courts, and
internationalized domestic courts.
(E) Capacity-building.
(3) Availability of amounts.--Amounts authorized to be
appropriated or otherwise made available for programs,
projects, and activities carried out by the Assistant Secretary
for Democracy, Human Rights, and Labor and the Assistant
Secretary for International Narcotics and Law Enforcement
Affairs are authorized to be made available to carry out this
subsection.
(b) Actions by Foreign Governments.--The Secretary of State, in
consultation with the Attorney General, the Secretary of Homeland
Security, and the Director of the Federal Bureau of Investigation,
shall seek to encourage governments of foreign countries--
(1) to include in appropriate security databases and
security screening procedures of such countries information to
identify individuals who are suspected to have committed
genocide, crimes against humanity, or war crimes in Iraq since
January 2014 or Syria since March 2011, including individuals
who are suspected to be members of foreign terrorist
organizations operating within Iraq or Syria; and
(2) to prosecute such individuals for genocide, crimes
against humanity, or war crimes, as appropriate.
(c) Review of Certain Criminal Statutes.--The Attorney General, in
consultation with the Secretary of State, shall conduct a review of
existing criminal statutes concerning genocide, crimes against
humanity, and war crimes to determine the following:
(1) The extent to which United States courts are currently
authorized by statute to exercise jurisdiction over such crimes
where the direct perpetrators, accomplices or victims are
United States nationals, United States residents or persons
physically present in a territory of the United States either
during the commission of the crime or subsequent to the
commission of the crime.
(2) What statutes are currently in effect that would apply
to conduct constituting war crimes or crimes against humanity,
and whether those statutes provide for extraterritorial
jurisdiction, what the statute of limitations for offenses
under such statutes are, what penalties apply under such
statutes, and whether offenders would be subject to extradition
or mutual legal assistance treaties.
(3) The extent to which the absence of criminal statutes
defining the crimes, or granting jurisdiction, would impede the
prosecution of genocide, crimes against humanity, and war
crimes in United States courts, including when United States
military forces capture persons outside the United States known
to have committed such crimes in a third country that is either
unable or unwilling to prosecute the crimes.
(4) Whether additional statutory authorities are necessary
to prosecute a United States person, or a foreign person within
the territory of the United States, for genocide, crimes
against humanity, and war crimes.
SEC. 5. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS HUMANITARIAN,
STABILIZATION, AND RECOVERY NEEDS OF CERTAIN PERSONS IN
IRAQ AND SYRIA.
(a) Identification.--The Secretary of State, in consultation with
the Secretary of Defense, the Ambassador at Large for International
Religious Freedom, the Special Advisor for Religious Minorities in the
Near East and South/Central Asia, the Assistant Secretary for
Population, Refugees, and Migration, the Administrator of the United
States Agency for International Development, and Director of National
Intelligence, shall identify the following:
(1) The threats of persecution and other warning signs of
genocide, crimes against humanity, and war crimes against
individuals--
(A) who are or were nationals and residents of Iraq
or Syria and are members of the religious or ethnic
groups and with respect to which the Secretary of State
has determined the Islamic State of Iraq and Syria
(ISIS) has committed genocide, crimes against humanity,
or war crimes in Iraq or Syria since January 2014; or
(B) who are members of other religious or ethnic
groups identified by the Secretary of State (or the
Secretary's designee) as persecuted groups.
(2) The humanitarian, stabilization, and recovery needs of
individuals described in paragraph (1).
(3) The religious and ethnic groups with respect to which
the Secretary of State has determined ISIS has committed
genocide, crimes against humanity, or war crimes in Iraq or
Syria since January 2014, or are other religious or ethnic
groups identified by the Secretary of State (or the Secretary's
designee), as a persecuted group, and are at risk of forced
migration, within or across the borders of Iraq, or Syria, or a
country of first asylum, and the primary reasons for such risk.
(4) The assistance provided by the United States to address
humanitarian, stabilization, and recovery needs of individual
described in paragraph (1), including assistance to mitigate
the risks of forced migration of such persons from Iraq or
Syria.
(5) The mechanisms of the United States Government to
identify, assess, and respond to humanitarian, stabilization,
and recovery needs, and risks of forced migration, of
individuals described in paragraph (1).
(6) The assistance provided by the United Nations to
address humanitarian, stabilization, and recovery needs of
individuals described in paragraph (1), including assistance to
mitigate the risks of forced migration of such individuals
within or across the borders of Iraq, or Syria, or a country of
first asylum from Iraq or Syria.
(7) The entities, including faith-based entities, that are
providing assistance to address humanitarian, stabilization,
and recovery needs of individuals described in paragraph (1).
(8) If the United States Government--
(A) is funding entities described in paragraph (7)
for purposes of providing assistance described in such
paragraph, the sources of such funding; and
(B) is not funding entities described in paragraph
(7) for purposes of providing assistance described in
such paragraph, a justification for not funding such
entities, including whether funding such entities is
prohibited under United States law.
(b) Additional Consultation.--In carrying out subsection (a), the
Secretary of State shall consult with, and consider credible
information from, individuals described in paragraph (1) of subsection
(a) and entities described in paragraph (7) of such subsection.
(c) Assistance.--The Secretary of State and Administrator of the
United States Agency for International Development shall provide
assistance, including cash assistance, to support entities described in
paragraph (7) of subsection (a) that the Secretary and Administrator
determine are effectively providing assistance described in such
paragraph, including entities that have received funding from the
United States Government for such purposes before the date of the
enactment of this Act.
SEC. 6. REFUGEE ADMISSIONS OF NATIONALS AND RESIDENTS OF IRAQ OR SYRIA.
(a) Section 599D of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (8 U.S.C. 1157 note) is
amended as follows:
(1) In subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by redesignating
such subparagraph as subparagraph (D); and
(iii) by inserting after subparagraph (B)
the following:
``(C) one or more categories of aliens who are or
were nationals and residents of Iraq or Syria and who
share common characteristics that identify them as
targets of persecution on account of religion or
membership in an ethnic minority in such respective
foreign state on such an account; and''; and
(B) in paragraph (2), by adding at the end the
following:
``(D) Aliens who are or were nationals and residents of
Iraq or Syria and who are members of a religious or ethnic
community against which genocide has been committed, as
determined by the Secretary of State, or that has otherwise
been identified by the Secretary of State, or the designee of
the Secretary, as a persecuted group, shall be deemed a
category of alien established under paragraph (1)(C).''.
(2) In subsection (e), by striking ``October 1, 2016'' each
place such term appears and inserting ``October 1, 2017''.
(3) By adding at the end the following:
``(f) In-Country and Out-of-Country Processing.--Aliens described
in subsection (b)(2)(D) may apply and interview for admission to the
United States, through the same refugee processing mechanisms available
to an alien under the Refugee Crisis in Iraq Act of 2007, in Iraq and
in other countries wherein aliens described in subsection (b)(2)(D) may
apply and interview for admission to the United States as refugees.
``(g) Applicability of Other Requirements.--Aliens under this
section who qualify for Priority 2 processing under the refugee
resettlement priority system may only be admitted to the United States
after satisfying the requirements of section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) and having cleared a background check
and appropriate screening, as determined by the Secretary of Homeland
Security.''.
(b) Section 599E(b)(2) of such Act (8 U.S.C. 1255 note) is amended
by striking ``September 30, 2016'' and inserting ``September 30,
2017''.
SEC. 7. REPORTS.
(a) Section 4(a) and (b) Report.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the following:
(1) A detailed description of the efforts taken, and
efforts proposed to be taken, by the Secretary of State to
implement section 4(a) and section 4(b).
(2) An assessment of the feasibility and advisability of
prosecuting individuals who are suspected to have committed
genocide, crimes against humanity, or war crimes in Iraq since
January 2014 or Syria since March 2011 in domestic courts in
Iraq, hybrid courts, and internationalized domestic courts, and
of the capacity-building, and other measures, needed to ensure
effective criminal investigations of such individuals.
(b) Section 4(c) Report.--Not later than 120 days after the date of
the enactment of this Act, the Attorney General shall submit to the
appropriate congressional committees a report on the following:
(1) The results of the review conducted under section 4(c).
(2) Such recommendations for legislative and administrative
actions to implement the results of the review as the Attorney
General determines appropriate.
(c) Sections 5 and 6 Report.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on the following:
(1) A detailed description of the efforts taken, and
efforts proposed to be taken, by the Secretary of State to
implement section 5 and the amendments made by section 6.
(2) A detailed description of the identifications under
section 5(a).
(d) Form.--Each report required under this section shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
SEC. 8. PROHIBITION ON ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated to carry out
this Act or the amendments made by this Act.
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