II 110th CONGRESS 2d Session S. 3541 IN THE SENATE OF THE UNITED STATES September 23 (legislative day, September 17), 2008 Mrs. Clinton introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To address the impending humanitarian crisis and potential security breakdown as a result of the mass influx of Iraqi refugees into neighboring countries, and the growing internally displaced population in Iraq, by increasing directed accountable assistance to these populations and their host countries, facilitating the resettlement of Iraqis at risk, and for other purposes.

1.

Short title; table of contents

(a)

Short Title

This Act may be cited as the Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2008. (b)

Table of Contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Sense of Congress. Sec. 5. Statements of policy. Sec. 6. Humanitarian assistance for vulnerable populations in Iraq and Iraqi refugees. Sec. 7. Iraqi refugee admissions and processing. Sec. 8. International cooperation. Sec. 9. Reports to Congress.

2.

Definitions

In this Act: (1)

IDPs

The term IDPs means internally displaced people in Iraq. (2)

UNHCR

The term UNHCR means the Office of the United Nations High Commissioner for Refugees. (3)

Vulnerable populations in Iraq

The term vulnerable populations in Iraq includes IDPs, Iraqis from ethnically mixed families, women at risk, unaccompanied children and adolescents, the elderly, Iraqis with serious medical needs, survivors of violence or torture, Iraqis who are members of religious or other minority groups, including Chaldo Assyrian Christians, Sabian Mandaens, Yazidis, Jews, and Baha’is, and any other group determined to vulnerable by the Secretary of State in consultation with the UNHCR.

3.

Findings

Congress finds the following: (1)Since the beginning of the war in Iraq, according to the UNHCR, more than 2,000,000 Iraqis have fled their homes for neighboring countries to avoid sectarian and other violence. (2)According to the UNHCR, there are more than 2,700,000 IDPs, many lacking adequate food, shelter, and other basic services. (3)The security situation in several locations within Iraq reduces access to the Iraqi population by Iraqi Government agencies and humanitarian aid providers and greatly limits the provision of aid. (4)The Iraq Study group predicted that [a] humanitarian catastrophe could follow as more refugees are forced to relocate across the country and the region.. (5)The dispersion of Iraqi refugees in poor urban areas of host countries makes it exceedingly difficult for humanitarian agencies to identify and reach these populations. (6)Many Iraqis have put their lives and those of their families at risk by working for the United States Government, United States corporations, the United States media, and nongovernmental organizations. (7)Since March 2003, the United States has resettled less than 20,000 Iraqi refugees, while Jordan and Syria have provided temporary asylum to 2,000,000 Iraqis, and other countries neighboring Iraq have received tens of thousands more Iraqis. (8)Since March 2003, Sweden has accepted 40,000 Iraqi refugees, and Denmark evacuated and resettled 370 Iraqi interpreters and other Iraqis who worked for Danish troops prior to the Danish contingent’s departure from Iraq in 2007. (9)Current United States policies governing the processing of refugees constrain United States Government agencies from expediting the screening processes and increasing the number of Iraqis accepted into the United States. (10)The massive flow of Iraqi refugees into neighboring host countries has overwhelmed existing social, economic, and security capacities of such countries. (11)While Iraqi refugees and IDPs are disproportionately made up of vulnerable populations, many other segments of the Iraqi population at large are also vulnerable. (12)Increasing poverty and despair among displaced populations may provide fertile ground for extremist ideologies to take root and possible recruitment by extremist groups. (13)The humanitarian crisis in Iraq and neighboring countries threatens to destabilize the entire region. (14)United States policy is to admit at least 50 percent of the refugees referred by the UNHCR. In 2007, the UNHCR referred more than 10,000 cases to the United States, and the United States resettled 1,608 Iraqi refugees. The United States has pledged to admit 12,000 Iraqi refugees during 2008. (15)During 2008, the Government of Iraq has dedicated $18,000,000 to its Ministry of Displaced and Immigration and offered $25,000,000 to neighboring countries hosting Iraqi refugees, even as the Government of Iraq is predicting it will likely generate more than $32,000,000,000 in oil revenues during 2008 alone. (16)The United States has yet to disclose a long-term comprehensive strategy to address humanitarian and security crisis related to Iraqi refugees.

4.

Sense of Congress

It is the sense of Congress that— (1)Iraqi refugees and IDPs will have an impact on the security of the region and the short- and long-term effects of their displacement should be considered within overall United States toward Iraq policy and be addressed at the highest levels of Government; (2)it is in the United States humanitarian and national interests to demonstrate the United States commitment to resettle Iraqi refugees and IDPs and the United States should work with other governments, including the member states of the Organization for Security and Cooperation in Europe, to encourage such governments to do the same; and (3)the United States should express its gratitude and support to host countries for providing humanitarian assistance to Iraqi refugees and to countries that have already resettled Iraqi refugees.

5.

Statements of policy

The policy of the United States shall be the following: (1)To lead an initiative to provide for the relief of vulnerable populations in Iraq and Iraqi refugees in neighboring countries and to take the lead in funding assistance requests from the UNHCR, other humanitarian agencies, and international organizations by funding at levels well above the traditional United States share, and to assist in the resettlement of Iraqi refugees. (2)To develop immediately a long-term comprehensive strategy for Iraq in coordination with the Government of Iraq and host countries, the United Nations, and nongovernmental organizations to meet the humanitarian and security needs of Iraqi refugees and IDPs and to establish within the Executive Office of the President a Special Coordinator for Iraqi Refugees and Internally Displaced Persons to ensure expeditious and effective implementation of such a strategy. (3)To work with the Government of Iraq, the United Nations, and nongovernmental organizations to help the Government of Iraq improve its capacity and ability to provide relief for vulnerable populations in Iraq in all communities throughout Iraq and to provide assistance to Iraqi refugees in neighboring countries. (4)To commit to working with international partners, including the United Nations, donor countries, international financial institutions, international and indigenous nongovernmental organizations, and other international organizations to assist in providing for the emergency, medium-, and long-term humanitarian needs of vulnerable populations in Iraq and Iraqi refugees in neighboring countries.

6.

Humanitarian assistance for vulnerable populations in Iraq and Iraqi refugees

(a)

In general

With respect to vulnerable populations in Iraq and with respect to each country containing a significant population of Iraqi refugees, including Jordan, Syria, Turkey, Lebanon, Egypt, and Iran, the Secretary of State shall provide bilateral assistance to such countries, as appropriate under United States law, or funding to international organizations and nongovernmental organizations in accordance with subsection (b) that are working to provide humanitarian assistance, including adequate food, shelter, clean drinking water, sanitation, health care, education, and protection to such refugees or populations. (b)

Assistance and funding

Assistance and funding under subsection (a) shall be in the form of— (1)contributions to the UNHCR that are not less than 50 percent of the amount requested by the UNHCR and other international organizations providing humanitarian assistance to vulnerable populations in Iraq and to Iraqi refugees in neighboring countries, for 2008, 2009, and 2010 for aid to such populations and refugees; (2)contributions to the International Federation of the Red Cross and Red Crescent, other nongovernmental organizations, and other international organizations working in such countries to provide aid to vulnerable populations in Iraq and to Iraqi refugees in neighboring countries; and (3)technical assistance to relevant ministries of the Government of Iraq, contingent on substantially increased Government of Iraq funding of assistance programs for vulnerable populations in Iraq and for Iraqi refugees in neighboring countries, together with appropriate monitoring mechanisms. (c)

Special provisions relating to vulnerable populations in Iraq and Iraqi refugees

The Secretary of State shall make every effort to ensure that the humanitarian needs of vulnerable populations in Iraq and Iraqi refugees in neighboring countries are met, including increased resources to improve the registration capabilities of nongovernmental organizations for such vulnerable populations and such refugees, adequate food, shelter, clean drinking water, sanitation, health care, education, and protection. (d)

Authorizations of appropriations

(1)

In general

There is authorized to be appropriated $700,000,000 for each of fiscal years 2009, 2010, and 2011 to carry out this section. Amounts appropriated pursuant to this authorization shall be in addition to amounts otherwise available for such purposes. (2)

For Jordan

(A)

In general

In addition to amounts authorized to be appropriated pursuant to paragraph (1), there is authorized to be appropriated $500,000,000 for fiscal year 2009 to Jordan to provide humanitarian assistance to Iraqi refugees and to provide the necessary infrastructure to support both the needs of Iraqi refugees and the Jordanian people, such as for housing, educational facilities, health clinics, improved access to water resources and sanitation facilities and related social services. (B)

Cooperation and monitoring

In cooperation with the Government of Jordan, the President shall establish appropriate monitoring and transparency mechanisms to ensure that funds appropriated pursuant to the authorization of appropriations in subparagraph (A) are effectively administered.

7.

Iraqi refugee admissions and processing

(a)

Numerical limitations

In addition to the numerical limitations provided for under subsections (a) and (b) of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), the number of refugees who may be admitted during fiscal years 2009, 2010, and 2011 under subsection (c) of such section shall be increased by not fewer than 20,000 for the purpose of admitting refugees who— (1)are citizens or nationals of Iraq; and (2)became refugees on or after March 19, 2003. (b)

Processing personnel increase

Not later than September 30, 2009, the Secretary of State, in coordination with the Secretary of Homeland Security, shall, subject to the availability of appropriations for such purpose, have increased by 100 percent the number of Federal personnel in Iraq (and in other countries in the region, where appropriate) who are conducting security reviews of Iraqis who have applied for admission to the United States as refugees above the number of such personnel conducting such reviews on the date of the enactment of this Act. (c)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for fiscal years 2009 through 2011 to carry out this section.

8.

International cooperation

The Secretary of State, in cooperation with the Secretary of Homeland Security, shall work with the international community, including the United Nations, the Organization for Security and Cooperation in Europe, the European Union, the Gulf Cooperation Council, the Arab League, the Organization of American States, the Association of Southeast Asian Nations, and others to establish mechanisms to provide— (1)financial assistance to vulnerable populations in Iraq and to Iraqi refugees in neighboring countries through bilateral assistance to host governments or through international organizations that are working directly with such populations and such refugees; (2)technical and financial assistance to international organizations in order to process refugees; and (3)increased attention to and advocacy on behalf of vulnerable populations in Iraq and Iraqi refugees in neighboring countries by continuing to strongly support the work of United Nations agencies and international organizations providing protection and assistance.

9.

Reports to Congress

Not later than 180 days after the date of the enactment of this Act, and every 6 months thereafter, the Secretary of State and the Secretary of Homeland Security shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of this Act, including— (1)information concerning assistance and funding to host countries and international organizations and nongovernmental organizations pursuant to section 6, and accountability reports regarding the expenditure of such funds; (2)information concerning measures taken by the United States to increase its capabilities to process IDPs and Iraqi refugees for resettlement and the number of such IDPs and refugees resettled under section 7; (3)an evaluation of the effectiveness of measures implemented by agencies of the Government of Iraq to provide direct assistance to vulnerable populations in Iraq and Iraqi refugees in neighboring countries; and (4)information concerning progress on the implementation of the long-term comprehensive strategy described in section 5(2).