[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5961 Introduced in House (IH)]

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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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