Short title

This Act may be cited as the

Recovery and Stability of Iraq Act of 2008

Findings and statement of policy

(a)

Findings

Congress finds the following: (1)The crisis of displaced Iraqis represents a profound threat to the regional stability of the Middle East and confronting the humanitarian crisis in Iraq is a national security interest, as well as a profound moral responsibility. (2)Congress recognizes that violence in Iraq has contributed to an enormous and urgent humanitarian crisis. (3)At the end of 2007, the total number of displaced Iraqis is estimated to be approximately 4,500,000 people: 2,400,000 internally displaced and with nearly as many Iraqi refugees having fled the country. (4)In 2006 the Iraq Study Group Report recommended that If the [refugee and internally displaced persons] situation is not addressed, Iraq and the region could be further destabilized, and the humanitarian suffering could be severe, and that The United States should take the lead in funding assistance requests from the United Nations High Commissioner for Refugees, and other humanitarian agencies.. (b)

Statement of policy

It is the policy of the United States Government, as a party to the 1967 Protocol to the 1951 United Nations Convention Relating to the Status of Refugees, to support the rights of displaced persons and scrupulously observe the principle of non-refoulement, irrespective of whether or not such persons have been formally recognized as refugees.

Establishment of Iraqi Displacement Coordinator

(a)

Establishment

(1)

In general

There is established within the Executive Office of the President a position to be known as the Iraqi Displacement Coordinator (in this Act referred to as the Coordinator), who shall report directly to the President on the state of the Iraqi displacement situation. Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Coordinator. (2)

Identification and coordination

The Coordinator shall identify programs that address the humanitarian needs and requirements of displaced Iraqis, and shall review, provide advice, support, and coordinate with the heads of relevant departments and agencies of the United States Government, the Government of Iraq, countries hosting displaced Iraqis in the region, the United Nations, and other involved nongovernmental organizations (NGO’s) and international organizations (IO’s). (3)

Duties

The Coordinator shall be responsible for— (A)leading the United States Government effort to respond to the crisis confronting displaced Iraqis, including refugees and internally displaced persons; (B)ensuring to the greatest extent possible that the rights and legal protections of displaced Iraqis are respected and enforced by host countries; (C)discouraging violations in the spirit of the 1967 Protocol to the 1951 Convention Relating to the Status of Refugees by any country hosting displaced Iraqis, including a country that is not a party to the Protocol or Convention; (D)pursuing coordination and support for host countries of displaced Iraqis, recognizing that humanitarian action is non-political by nature; (E)ensuring proper management, implementation, transparency, and oversight by agencies of the United States Government responsible for assistance projects for displaced Iraqis; (F)resolving policy and program disputes among departments and agencies of the United States Government with respect to assistance projects for displaced Iraqis; (G)reporting directly to the President with respect to assistance for displaced Iraqis; and (H)encourage to the greatest extent possible the Government of Iraq to authorize and fully support a cabinet-level ministry position to support displaced Iraqis. (4)

Long-term planning for displaced Iraqis

(A)

Comprehensive strategy

The Coordinator shall design, in consultation with concerned governments in the region, a comprehensive strategy to address the needs of displaced Iraqis. The strategy should recognize the need for immediate support for the most vulnerable displaced Iraqis, as well as promote durable, long-term solutions to the displacement crisis. The strategy should recognize the unique needs in each of Iraq’s 18 provinces, and the needs of countries hosting Iraqi refugees. (B)

Planning for the return of displaced Iraqis

The Coordinator shall encourage the Government of Iraq, with the coordination of the United States Government, the United Nations, appropriate foreign governments, and other interested parties to develop a long-term plan for the voluntary, dignified, and safe return of displaced Iraqis to their homes. The plan should address issues of return, repatriation, and reintegration of displaced Iraqis, including providing for proper procedures for settling property disputes. Long-term planning for returns shall not interfere with humanitarian assistance efforts for displaced Iraqis. (b)

Reporting

(1)

In general

Not later than 90 days after the date of the enactment of this Act and every 120 days thereafter, the Coordinator shall submit to the President and Congress a report on United States status of assistance efforts for displaced Iraqis. (2)

Contents

The report required under this subsection shall include the following information: (A)A description of the strategy required under subsection (a)(4). (B)An assessment of the progress of the strategy required under subsection (a)(4), and any steps taken toward implementation of the strategy. (C)The distribution of duties and responsibilities regarding assistance projects for displaced Iraqis among the agencies of the United States Government. (D)An assessment of assistance efforts for displaced Iraqis implemented by all relevant actors, including the United States Government, the Iraqi Government, foreign governments, the United Nations, international organizations, and nongovernmental organizations. (E)An evaluation of the Government of Iraq’s ability to implement assistance for displaced Iraqis in an effective and equitable manner. (F)An overall evaluation of the humanitarian conditions confronting Iraq and displaced Iraqis, and the various regional impacts of their presence. (G)An assessment of the budgetary needs of the agencies United States Government in meeting the goals of the comprehensive strategy. (H)Recommendations for preventing future displacement in Iraq. (c)

Authorization of funds

There are authorized to be appropriated such funds as may be necessary for fiscal years 2009, 2010, 2011, 2012, and 2013 for the establishment and operating costs of the Iraqi Displacement Coordinator within the Department of State.

Definitions

In this Act— (1)

Displaced Iraqis

The term displaced Iraqis means Iraqis who have become refugees or internally displaced persons. (2)

Internally displaced person

The term internally displaced person means a person who has been forced or obliged to flee or to leave such person’s home or place of last habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights, or natural or human-made disasters, and who have not crossed an internationally-recognized state border. (3)

Non-refoulement

The term non-refoulement has the meaning given such term in the 1951 United Nations Convention Relating to the Status of Refugees. (4)

Refugee

The term refugee means a person who is outside the country of such person’s nationality or, in the case of a person having no nationality, is outside the country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.