Text: H.R.390 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-300 (12/11/2018)

 
[115th Congress Public Law 300]
[From the U.S. Government Publishing Office]



[[Page 4389]]

                   IRAQ AND SYRIA GENOCIDE RELIEF AND
                       ACCOUNTABILITY ACT OF 2018

[[Page 132 STAT. 4390]]

Public Law 115-300
115th Congress

                                 An Act


 
To provide relief for victims of genocide, crimes against humanity, and 
 war crimes who are members of religious and ethnic minority groups in 
Iraq and Syria, for accountability for perpetrators of these crimes, and 
       for other purposes. <<NOTE: Dec. 11, 2018 -  [H.R. 390]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Iraq and Syria 
Genocide Relief and Accountability Act of 2018. 22 USC 2656 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iraq and Syria Genocide Relief and 
Accountability Act of 2018''.
SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Secretary of State of State declared on March 17, 
        2016, and on August 15, 2017, that Daesh (also known as the 
        Islamic State of Iraq and Syria or ISIS) is responsible for 
        genocide, crimes against humanity, and other atrocity crimes 
        against religious and ethnic minority groups in Iraq and Syria, 
        including Christians, Yezidis, and Shia, among other religious 
        and ethnic groups.
            (2) According to the Department of State's annual reports on 
        international religious freedom--
                    (A) the number of Christians living in Iraq has 
                dropped from an estimated 800,000 to 1,400,000 in 2002 
                to fewer than 250,000 in 2017; and
                    (B) the number of Yezidis living in Iraq has 
                fluctuated from 500,000 in 2013, to between 350,000 and 
                400,000 in 2016, and between 600,000 and 750,000 in 
                2017.
            (3) The annual reports on international religious freedom 
        further suggest that--
                    (A) Christian communities living in Syria, which had 
                accounted for between 8 and 10 percent of Syria's total 
                population in 2010, are now ``considerably'' smaller as 
                a result of the civil war, and
                    (B) there was a population of approximately 80,000 
                Yezidis before the commencement of the conflict in 
                Syria.
            (4) Local communities and entities have sought to mitigate 
        the impact of violence directed against religious and ethnic 
        minorities in Iraq and Syria, including the Chaldean Catholic 
        Archdiocese of Erbil (Kurdistan Region of Iraq), which has used 
        predominantly private funds to provide assistance to internally 
        displaced Christians, Yezidis, and Muslims throughout the 
        greater Erbil region, while significant needs and diminishing 
        resources have made it increasingly difficult to continue these 
        efforts.

[[Page 132 STAT. 4391]]

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Appropriations of the Senate;
                    (E) the Select Committee on Intelligence of the 
                Senate;
                    (F) the Committee on Foreign Affairs of the House of 
                Representatives;
                    (G) the Committee on the Judiciary of the House of 
                Representatives;
                    (H) the Committee on Homeland Security of the House 
                of Representatives;
                    (I) the Committee on Appropriations of the House of 
                Representatives; and
                    (J) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (2) Foreign terrorist organization.--The term ``foreign 
        terrorist organization'' mean 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)).
            (3) 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, 
        reconstruction, medical, education, psychosocial needs, and 
        other assistance to address basic human needs, including 
        stabilization assistance (as defined by the Stabilization 
        Assistance Review in ``A Framework for Maximizing the 
        Effectiveness of U.S. Government Efforts to Stabilize Conflict-
        Affected Areas, 2018).
            (4) Hybrid court.--The term ``hybrid court'' means a court 
        with a combination of domestic and international lawyers, 
        judges, and personnel.
            (5) Internationalized domestic court.--The term 
        ``internationalized domestic court'' means a domestic court with 
        the support of international advisers.
SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States to ensure that assistance for 
humanitarian, stabilization, and recovery needs of individuals who are 
or were nationals and residents of Iraq or Syria, and of communities in 
and from those countries, is directed toward those individuals and 
communities with the greatest need, including those individuals from 
communities of religious and ethnic minorities, and communities of 
religious and ethnic minorities, that the Secretary of State declared 
were targeted for genocide, crimes against humanity, or war crimes, and 
have been identified as being at risk of persecution, forced migration, 
genocide, crimes against humanity, or war crimes.

[[Page 132 STAT. 4392]]

SEC. 5. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ FOR GENOCIDE, 
                    CRIMES AGAINST HUMANITY, AND WAR CRIMES.

    (a) Assistance.--The Secretary of State and the Administrator of the 
United States Agency for International Development are authorized to 
provide assistance, including financial and technical assistance, as 
necessary and appropriate, to support the efforts of entities, including 
nongovernmental organizations with expertise in international criminal 
investigations and law, to address genocide, crimes against humanity, or 
war crimes, and their constituent crimes by ISIS in Iraq by--
            (1) conducting criminal investigations;
            (2) developing indigenous investigative and judicial skills, 
        including by partnering, directly mentoring, and providing 
        necessary equipment and infrastructure to effectively 
        adjudicating cases consistent with due process and respect for 
        the rule of law; and
            (3) collecting and preserving evidence and the chain of 
        evidence, including for use in prosecutions in domestic courts, 
        hybrid courts, and internationalized domestic courts, consistent 
        with the activities described in subsection (b).

    (b) <<NOTE: Consultation.>>  Actions by Foreign Governments.--The 
Secretary of State, in consultation with the Attorney General, the 
Secretary of Homeland Security, the Director of National Intelligence, 
and the Director of the Federal Bureau of Investigation, shall encourage 
governments of foreign countries--
            (1) to include information in appropriate security databases 
        and security screening procedures of such countries to identify 
        suspected ISIS members for whom credible evidence exists of 
        having committed genocide, crimes against humanity, or war 
        crimes, and their constituent crimes, in Iraq; and
            (2) to apprehend and prosecute such ISIS members for 
        genocide, crimes against humanity, or war crimes, as 
        appropriate.

    (c) Consultation.--In carrying out subsection (a), the Secretary of 
State shall consult with and consider credible information from entities 
described in such subsection.
SEC. 6. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS HUMANITARIAN, 
                    STABILIZATION, AND RECOVERY NEEDS OF CERTAIN 
                    PERSONS IN IRAQ AND SYRIA.

    (a) <<NOTE: Consultation.>>  Identification.--The Secretary of 
State, in consultation with the Secretary of Defense, the Administrator 
of the United States Agency for International Development, and Director 
of National Intelligence, shall seek to identify--
            (1) threats of persecution and other early-warning 
        indicators of genocide, crimes against humanity, and war crimes 
        against individuals who are or were nationals and residents of 
        Iraq or Syria, are members of religious or ethnic minority 
        groups in such countries, and against whom the Secretary of 
        State has determined ISIS has committed genocide, crimes against 
        humanity, or war crimes;
            (2) the religious and ethnic minority groups in Iraq or 
        Syria identified pursuant to paragraph (1) that are at risk of 
        forced migration, within or across the borders of Iraq, Syria, 
        or a country of first asylum, and the primary reasons for such 
        risk;

[[Page 132 STAT. 4393]]

            (3)(A) the humanitarian, stabilization, and recovery needs 
        of individuals described in paragraphs (1) and (2), including 
        the assistance provided by the United States and by the United 
        Nations, respectively--
                    (i) to address the humanitarian, stabilization, and 
                recovery needs of such individuals; and
                    (ii) to mitigate the risks of forced migration of 
                such individuals; and
            (B) assistance provided through the Funding Facility for 
        Immediate Stabilization and Funding Facility for Expanded 
        Stabilization; and
            (4) to the extent practicable and appropriate--
                    (A) the entities, including faith-based entities, 
                that are providing assistance to address the 
                humanitarian, stabilization, and recovery needs of 
                individuals described in paragraphs (1) and (2); and
                    (B) the extent to which the United States is 
                providing assistance to or through the entities referred 
                to in subparagraph (A).

    (b) Additional Consultation.--In carrying out subsection (a), the 
Secretary of State shall consult with, and consider credible information 
from--
            (1) individuals described in paragraphs (1) and (2) of such 
        subsection; and
            (2) the entities described in paragraph (4)(A) of such 
        subsection.

    (c) Assistance.--The Secretary of State and the Administrator of the 
United States Agency for International Development are authorized to 
provide assistance, including financial and technical assistance as 
necessary and appropriate, to support the entities described in 
subsection (a)(4)(A).
SEC. 7. REPORT.

    (a) Implementation Report.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of State shall submit a report 
to the appropriate congressional committees that includes--
            (1) a detailed description of the efforts taken, and efforts 
        proposed to be taken, to implement the provisions of this Act;
            (2) <<NOTE: Assessments.>>  an assessment of--
                    (A) the feasibility and advisability of prosecuting 
                ISIS members for whom credible evidence exists of having 
                committed genocide, crimes against humanity, or war 
                crimes in Iraq, including in domestic courts in Iraq, 
                hybrid courts, and internationalized domestic courts; 
                and
                    (B) the measures needed--
                          (i) to ensure effective criminal 
                      investigations of such individuals; and
                          (ii) to effectively collect and preserve 
                      evidence, and preserve the chain of evidence, for 
                      prosecution; and
            (3) <<NOTE: Recommenda- tions.>>  recommendations for 
        legislative remedies and administrative actions to facilitate 
        the implementation of this Act.

[[Page 132 STAT. 4394]]

    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex, if 
necessary.

    Approved December 11, 2018.

LEGISLATIVE HISTORY--H.R. 390:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    June 6, considered and passed House.
                                                        Vol. 164 (2018):
                                    Oct. 11, considered and passed 
                                        Senate, amended.
                                    Nov. 27, House concurred in Senate 
                                        amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
            Dec. 11, Presidential remarks and statement.

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