[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 390 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 227
115th CONGRESS
  1st Session
                                H. R. 390


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2017

Received; read twice and referred to the Committee on Foreign Relations

                           September 19, 2017

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
  To provide emergency relief for 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Iraq and Syria Genocide 
Emergency Relief and Accountability Act of 2017''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Religious and ethnic minorities in Iraq and 
        Syria are persecuted groups, and the Secretary of State of 
        State declared on March 17, 2016, that Daesh, also known as the 
        Islamic State of Iraq and Syria (ISIS), was responsible for 
        genocide, crimes against humanity, and other atrocity crimes 
        against several of these groups, including Christians and 
        Yezidis.</DELETED>
        <DELETED>    (2) According to the Department of State's annual 
        reports on international religious freedom, the number of 
        Christians living in Iraq has dropped from an estimated 800,000 
        to 1.4 million in 2002 to fewer than 250,000 in 2015, and the 
        number of Yezidis living in Iraq has dropped from 500,000 in 
        2013 to 350,000 to 400,000 in 2015.</DELETED>
        <DELETED>    (3) The annual reports on international religious 
        freedom further suggest that 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 that the population 
        of approximately 80,000 Yezidis in 2010 may now be larger 
        because of refugees from Iraq.</DELETED>
        <DELETED>    (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 private funds to provide assistance to internally 
        displaced Christians, Yezidis, and Muslims throughout the 
        greater Erbil region, while growing needs and diminishing 
        resources have made it increasingly difficult to continue these 
        efforts.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Affairs, the 
                Committee on the Judiciary, the Committee on Homeland 
                Security, and the Permanent Select Committee on 
                Intelligence of the House of Representatives; 
                and</DELETED>
                <DELETED>    (B) the Committee on Foreign Relations, 
                the Committee on the Judiciary, the Committee on 
                Homeland Security and Governmental Affairs, and the 
                Select Committee on Intelligence of the 
                Senate.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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, and psychosocial 
        needs.</DELETED>
        <DELETED>    (4) Hybrid court.--The term ``hybrid court'' means 
        a court with a combination of domestic and international 
        lawyers, judges, and personnel.</DELETED>
        <DELETED>    (5) Internationalized domestic court.--The term 
        ``internationalized domestic court'' means a domestic court 
        with the support of international advisers.</DELETED>

<DELETED>SEC. 4. STATEMENT OF POLICY.</DELETED>

<DELETED>    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 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 have been 
identified as being at risk of persecution, forced migration, acts of 
genocide, crimes against humanity, or war crimes.</DELETED>

<DELETED>SEC. 5. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ AND SYRIA 
              FOR ACTS OF GENOCIDE, CRIMES AGAINST HUMANITY, AND WAR 
              CRIMES.</DELETED>

<DELETED>    (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 undertake the 
following activities to address crimes of genocide, crimes against 
humanity, or war crimes, and their constituent crimes, in Iraq since 
January 2014:</DELETED>
        <DELETED>    (1) The conduct of criminal 
        investigations.</DELETED>
        <DELETED>    (2) The development of indigenous investigative 
        and judicial skills, including by partnering, directly 
        mentoring, and providing equipment and infrastructure where 
        necessary, for the purpose of effectively adjudicating cases 
        consistent with due process and respect for the rule of 
        law.</DELETED>
        <DELETED>    (3) The collection and preservation of 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).</DELETED>
<DELETED>    (b) 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--</DELETED>
        <DELETED>    (1) to include in appropriate security databases 
        and security screening procedures of such countries information 
        to identify individuals who are suspected to have committed 
        crimes of genocide, crimes against humanity, or war crimes, and 
        their constituent crimes, in Iraq or Syria, including 
        individuals who are suspected to be members of foreign 
        terrorist organizations operating in Iraq or Syria; 
        and</DELETED>
        <DELETED>    (2) to prosecute such individuals for acts of 
        genocide, crimes against humanity, or war crimes, as 
        appropriate.</DELETED>
<DELETED>    (c) Consultation.--In carrying out subsection (a), the 
Secretary of State shall consult with and consider credible information 
from entities described in such subsection.</DELETED>

<DELETED>SEC. 6. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS 
              HUMANITARIAN, STABILIZATION, AND RECOVERY NEEDS OF 
              CERTAIN PERSONS IN IRAQ AND SYRIA.</DELETED>

<DELETED>    (a) 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 the following:</DELETED>
        <DELETED>    (1) The threats of persecution and other early-
        warning indicators of genocide, crimes against humanity, and 
        war crimes against individuals--</DELETED>
                <DELETED>    (A) who are or were nationals and 
                residents of Iraq or Syria, are members of religious or 
                ethnic minority groups in such countries, and with 
                respect to which the Secretary of State has determined 
                ISIS has committed acts of genocide, crimes against 
                humanity, or war crimes since January 2014; 
                or</DELETED>
                <DELETED>    (B) who are members of other religious or 
                ethnic minority groups in Iraq or Syria and are 
                identified by the Secretary of State as persecuted 
                groups.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) 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, to address the humanitarian, 
        stabilization, and recovery needs, and mitigate the risks of 
        forced migration, of individuals described in paragraphs (1) 
        and (2) and assistance provided through the Funding Facility 
        for Immediate Stabilization and Funding Facility for Expanded 
        Stabilization.</DELETED>
        <DELETED>    (4) To the extent practicable and appropriate, 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 the extent to which the United States is providing 
        assistance to or through such entities.</DELETED>
<DELETED>    (b) Additional Consultation.--In carrying out subsection 
(a), the Secretary of State shall consult with, and consider credible 
information from, individuals described in paragraphs (1) and (2) of 
such subsection and entities described in paragraph (4) of such 
subsection.</DELETED>
<DELETED>    (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 entities described 
in subsection (a)(4) that the Secretary and Administrator determine 
have access, and are capable of effectively managing and delivering 
such assistance, to the individuals described in paragraphs (1) and (2) 
of such subsection.</DELETED>

<DELETED>SEC. 7. REPORTS.</DELETED>

<DELETED>    (a) Implementation Report.--Not later than 90 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:</DELETED>
        <DELETED>    (1) A detailed description of the efforts taken, 
        and efforts proposed to be taken, to implement the provisions 
        of this Act.</DELETED>
        <DELETED>    (2) An assessment of the feasibility and 
        advisability of prosecuting individuals for whom credible 
        evidence exists of having committed acts of 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 
        measures needed to ensure effective criminal investigations of 
        such individuals, and to effectively collect and preserve 
        evidence, and preserve the chain of evidence, for 
        prosecution.</DELETED>
        <DELETED>    (3) Recommendations for legislative remedies and 
        administrative actions to facilitate implementation of this 
        Act.</DELETED>
<DELETED>    (b) Form.--The report required under this section shall be 
submitted in unclassified form, but may contain a classified annex if 
necessary.</DELETED>

<DELETED>SEC. 8. PROHIBITION ON ADDITIONAL FUNDING.</DELETED>

<DELETED>    No additional funds are authorized to be appropriated to 
carry out this Act. This Act shall be carried out using amounts 
otherwise authorized.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Iraq and Syria 
Genocide Emergency Relief and Accountability Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
Sec. 3. Sense of Congress on the urgent need for a political solution 
                            to the crisis in Syria.
Sec. 4. Definitions.
Sec. 5. Statement of policy.
Sec. 6. Actions to promote accountability in Iraq and Syria for acts of 
                            genocide, crimes against humanity, and war 
                            crimes.
Sec. 7. Identification of and assistance to address humanitarian, 
                            stabilization, and recovery needs of 
                            certain persons in Iraq and Syria.
Sec. 8. Reports.
Sec. 9. Technical assistance authorized.
Sec. 10. Department of State Rewards for Justice Program.
Sec. 11. Syria Study Group.
Sec. 12. Independent International Commission of Inquiry on the Syrian 
                            Arab Republic.
Sec. 13. Prohibition on additional funding.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Religious and ethnic minorities in Iraq and Syria are 
        persecuted groups. The Secretary of State of State declared on 
        March 17, 2016, and August 15, 2017, that the Islamic State of 
        Iraq and Syria (ISIS), is responsible for genocide, crimes 
        against humanity, and other atrocity crimes against several of 
        these groups, including Christians and Yezidis.
            (2) The Independent International Commission of Inquiry on 
        the Syrian Arab Republic stated in its February 3, 2016, 
        report, ``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. Both Jabhat Al-Nusra and some anti-
        Government armed groups have committed the war crimes of 
        murder, cruel treatment, and torture.''.
            (3) 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.
            (4) 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 2016; and
                    (B) the number of Yezidis living in Iraq has 
                dropped from 500,000 in 2013 to between 350,000 and 
                400,000 in 2016.
            (5) The annual reports on international religious freedom 
        also 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) the population of approximately 80,000 Yezidis 
                in 2010 may now be larger because of refugees from 
                Iraq.
            (6) On December 21, 2016, the United Nations General 
        Assembly adopted a resolution to establish the International, 
        Impartial and Independent Mechanism to Assist in the 
        Investigation and Prosecution of Those Responsible for the Most 
        Serious Crimes under International Law Committed in the Syrian 
        Arab Republic since March 2011.
            (7) 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 
        private funds to provide assistance to internally displaced 
        Christians, Yezidis, and Muslims throughout the greater Erbil 
        region, while growing needs and diminishing resources have made 
        it increasingly difficult to continue these efforts.
    (b) Sense of Congress.--Congress--
            (1) strongly condemns--
                    (A) the ongoing violence, the use of chemical 
                weapons, targeting of civilian populations with barrel, 
                incendiary, and cluster bombs and SCUD missiles, and 
                the systematic gross human rights violations carried 
                out by the Government of Syria and pro-government 
                forces under the direction of President Bashar al-
                Assad; and
                    (B) all abuses committed by violent extremist 
                groups and other combatants involved in the civil war 
                in Syria;
            (2) expresses its support for the people of Syria seeking 
        democratic change;
            (3) urges all parties to the conflict--
                    (A) to immediately halt indiscriminate attacks on 
                civilians;
                    (B) to allow for the delivery of humanitarian and 
                medical assistance; and
                    (C) to end sieges of civilian populations;
            (4) calls on the President to support efforts in Syria, and 
        on the part of the international community, to ensure 
        accountability for war crimes, crimes against humanity, and 
        genocide committed during the conflict; and
            (5) supports the request in United Nations Security Council 
        Resolutions 2139 (2014), 2165 (2014), and 2191 (2014) for the 
        Secretary-General to regularly report to the Security Council 
        on the implementation of the resolutions, including paragraph 2 
        of Resolution 2139, which ``demands that all parties 
        immediately put an end to all forms of violence [and] cease and 
        desist from all violations of international humanitarian law 
        and violations and abuses of human rights''.

SEC. 3. SENSE OF CONGRESS ON THE URGENT NEED FOR A POLITICAL SOLUTION 
              TO THE CRISIS IN SYRIA.

    (a) Findings.--Congress makes the following findings:
            (1) The transnational Salafi-jihadi organizations Islamic 
        State in Iraq and Syria (ISIS) and al Qaeda are utilizing the 
        conflict in Syria and the actions of the Assad regime to 
        recruit and mobilize fighter and popular support.
            (2) The crisis in Syria has led to the creation of 
        terrorist safe havens controlled by ISIS and al Qaeda, along 
        with other extremist groups, which have become bases from which 
        to plan, direct, and inspire attacks against the United States 
        and its allies and partners.
            (3) The spread of violence perpetuated by the civil war in 
        Syria and the flow of refugees is a threat to the security of 
        our allies in the Middle East and Europe, placing immense 
        domestic and humanitarian burdens on Syria's neighbors, most 
        notably Lebanon, Jordan, Turkey, and Iraq.
            (4) The Syrian conflict has allowed Iran's Islamic 
        Revolutionary Guard Corps and its proxies to increase their 
        influence in parts of Syria and potentially threaten Israel's 
        borders.
            (5) The United Nations Security Council resolutions 2332 
        (2016), 2268 (2016), and 2139 (2014) call for the 
        implementation of a cessation of hostilities in Syria and 
        reaffirm the international community's support for the 
        immediate, direct, and uninhibited access of humanitarian 
        workers throughout the Syrian Arab Republic.
            (6) The United Nations High Commissioner for Refugees 
        estimates that the Syrian conflict has created over 5,000,000 
        refugees and 6,300,000 internally displaced persons.
            (7) Widespread and systematic attacks on civilians, 
        schools, hospitals, and other civilian infrastructure, in 
        violation of international humanitarian law, continue in Syria, 
        in particular as result of the actions of the Assad regime and 
        its Russian and Iranian supporters.
            (8) Amnesty International has documented evidence of mass 
        human rights abuses of detainees at the Assad Regime's Saydnaya 
        Military Prison, including the summary execution by hanging of 
        an estimated 5,000 to 13,000 detainees between September 2011 
        and December 2015.
            (9) The regime of Bashar al-Assad has repeatedly blocked 
        civilian access to or diverted humanitarian assistance, 
        including medical supplies, from besieged and hard-to-reach 
        areas, in violation of United Nations Security Council 
        resolutions.
            (10) The Assad regime is subject to and in violation of 
        both United Nations Security Council Resolution 2118 (2013) on 
        the Framework for Elimination of Syrian Chemical Weapons and 
        United Nations Security Council Resolution 2209 (2015) 
        Condemning the Use of Chlorine Gas in Syria.
            (11) The Governments of the Russian Federation and Iran 
        have supported the Assad regime, perpetuated the conflict, and 
        deployed tactics and strategies that have caused grave harm to 
        civilians, including their conduct in the siege of eastern 
        Aleppo which may constitute war crimes and crimes against 
        humanity.
            (12) The United States Government has provided nearly 
        $6,000,000,000 since 2011 in humanitarian assistance to 
        communities and people directly impacted by the Syrian 
        conflict, including $364,000,000 that will be provided in 
        fiscal year 2017 for refugees and other people displaced by the 
        Syrian conflict.
            (13) The United States Armed Forces are leading the Global 
        Coalition to Counter ISIS and are deployed with Coalition 
        allies within the territory of Syria and are working by, with, 
        and through local Syrian partner forces to defeat ISIS and 
        stabilize territory taken from it.
    (b) Sense of Congress.--Congress--
            (1) urges all parties to the conflict in Syria, 
        particularly the Russian Federation, Iran, and Iranian-backed 
        militias, to immediately halt indiscriminate attacks, the 
        imposition of starvation sieges, and other forms of warfare 
        directed against civilians and civilian infrastructure;
            (2) strongly urges all parties to the conflict to respect 
        the safety, security, independence, and impartiality of 
        humanitarian workers and medical professionals, ensuring 
        freedom of movement to deliver aid, particularly in areas of 
        Syria controlled by opposition forces;
            (3) encourages the President to make it the policy of the 
        United States Government to continue to coordinate a 
        comprehensive and generous response to the humanitarian crisis 
        in Syria, including assistance and development and protection 
        of human rights inside Syria and in the region;
            (4) urges all parties in Syria to support the immediate and 
        full implementation of United Nations Security Council 
        Resolution 2268 (2016), which calls for a cessation of 
        hostilities in the conflict, except with respect to ISIS and al 
        Qaeda and their affiliated organizations, and to facilitate the 
        provision of humanitarian assistance and reconstruction of war-
        affected communities in Syria;
            (5) affirms that the elimination of al Qaeda and ISIS safe 
        havens in Syria from which those organizations can plan and 
        launch attacks against the United States and its partners is a 
        vital national security interest of the United States;
            (6) affirms that the stability of key European and Middle 
        Eastern partners is vital to the national security of the 
        United States, and preventing the Syrian conflict from 
        undermining that stability is a top priority for the United 
        States;
            (7) calls on the international community to continue to 
        support neighboring countries and host communities who are 
        generously supporting refugees and internally displaced persons 
        fleeing the conflict in Syria;
            (8) calls on the President to continue the active 
        participation of the United States Government in a robust and 
        effective diplomatic process to achieve a political agreement 
        to the Syrian conflict; and
            (9) urges the President to develop and submit to the 
        Committees on Foreign Relations and Armed Services of the 
        Senate and the Committees on Foreign Affairs and Armed Services 
        of the House of Representatives within 90 days a strategy for 
        providing long-term stability and security in areas seized from 
        ISIS in Syria.

SEC. 4. 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 Armed Services of the Senate;
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (E) the Committee on Armed Services of the House of 
                Representatives; and
                    (F) the Committee on Appropriations of the House of 
                Representatives.
            (2) Genocide.--The term ``genocide'' means any offense 
        described in section 1091(a) of title 18, United States Code.
            (3) Humanitarian, stabilization, and recovery needs.--The 
        term ``humanitarian, stabilization, and recovery needs'', with 
        respect to an individual, includes water, sanitation, hygiene, 
        food security, nutrition, shelter, housing, reconstruction, 
        medical, education, and psychosocial needs.
            (4) Hybrid tribunal.--The term ``hybrid tribunal'' means a 
        temporary criminal tribunal that involves a combination of 
        domestic and international lawyers, judges, and other 
        professionals to prosecute individuals suspected of committing 
        war crimes, crimes against humanity, or genocide.
            (5) Internationalized domestic court.--The term 
        ``internationalized domestic court'' means a domestic court 
        with the support of international advisers.
            (6) Transitional justice.--The term ``transitional 
        justice'' means the range of judicial, nonjudicial, formal, 
        informal, retributive, and restorative measures employed by 
        countries transitioning out of armed conflict or repressive 
        regimes--
                    (A) to redress legacies of atrocities; and
                    (B) to promote long-term, sustainable peace.
            (7) War crime.--The term ``war crime'' has the meaning 
        given the term in section 2441(c) of title 18, United States 
        Code.

SEC. 5. 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 
from those countries, is directed toward those individuals and 
communities with the greatest need, including those individuals from 
communities of religious and ethnic minorities.

SEC. 6. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ AND SYRIA FOR ACTS OF 
              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, 
in consultation with the government of Iraq, to provide assistance, 
including financial and technical assistance, as may be necessary and 
appropriate to support the efforts of entities, including 
nongovernmental organizations with expertise in international criminal 
investigations and law, to undertake the following activities to 
address crimes of genocide, crimes against humanity, or war crimes in 
Iraq by ISIS since January 2014:
            (1) Conducting criminal investigations.
            (2) Developing indigenous investigative and judicial 
        skills, including by partnering, directly mentoring, and 
        providing equipment and infrastructure, as necessary, to 
        effectively adjudicate cases in accordance with due process and 
        respect for the rule of law.
            (3) Collecting and preserving evidence and the chain of 
        evidence, including for use in prosecutions in domestic courts, 
        hybrid tribunals, and internationalized domestic courts, 
        consistent with the activities described in subsection (b).
    (b) 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 to include in appropriate security databases and 
security screening procedures of such countries information to identify 
suspected ISIS members for whom credible evidence exists of having 
committed acts of genocide, crimes against humanity or war crimes in 
Iraq and Syria since January 2014, and to prosecute such individuals 
for acts of 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. 7. 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 Administrator of the United States Agency 
for International Development, and the Director of National 
Intelligence, shall seek to identify--
            (1) the threats of persecution and other early-warning 
        indicators of genocide, crimes against humanity, and war crimes 
        against individuals--
                    (A) who are or were nationals and residents of Iraq 
                or Syria, are members of a religious or ethnic minority 
                group in either such country, and against whom ISIS has 
                committed acts of genocide, crimes against humanity, or 
                war crimes since January 2014, as determined by the 
                Secretary of State; or
                    (B) who are members of another religious or ethnic 
                minority group in Iraq or Syria that the Secretary of 
                State has identified as a persecuted group;
            (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;
            (3) the humanitarian, stabilization, and recovery needs of 
        individuals and groups described in paragraphs (1) and (2), 
        including the assistance provided by the United States and by 
        the United Nations, respectively, to address the humanitarian, 
        stabilization, and recovery needs, and mitigate the risks of 
        forced migration, of individuals and groups described in 
        paragraphs (1) and (2), and assistance provided through the 
        Funding Facility for Immediate Stabilization and Funding 
        Facility for Expanded Stabilization; and
            (4) to the extent practicable and appropriate, the 
        entities, including faith-based entities, that are providing 
        assistance to address the humanitarian, stabilization, and 
        recovery needs of individuals and groups described in 
        paragraphs (1) and (2), and the extent to which the United 
        States is providing assistance to or through such entities.
    (b) Additional Consultation.--In carrying out subsection (a), the 
Secretary of State shall consult with, and consider credible 
information from--
            (1) individuals and groups described in paragraphs (1) and 
        (2) of such subsection; and
            (2) entities described in paragraph (4) 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 entities described in subsection 
(a)(4) that the Secretary and the Administrator determine have access, 
and are capable of effectively managing and delivering such assistance, 
to the individuals and groups described in paragraphs (1) and (2) of 
such subsection.

SEC. 8. REPORTS.

    (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) an assessment of--
                    (A) the feasibility and advisability of prosecuting 
                suspected ISIS members for whom credible evidence 
                exists of having committed acts of genocide, crimes 
                against humanity, or war crimes in Iraq since January 
                2014, in domestic courts in Iraq, hybrid tribunals, 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;
            (3) recommendations for legislative remedies and 
        administrative actions to facilitate the implementation of this 
        Act.
    (b) Support for the Investigation and Prosecution of War Crimes.--
Not later than 120 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, by the Secretary of State to 
        implement subsections (a) and (b) of section 5; and
            (2) an assessment of--
                    (A) the feasibility and advisability of prosecuting 
                suspected ISIS members for whom credible evidence 
                exists of having committed genocide, crimes against 
                humanity, or war crimes in Iraq since January 2014, in 
                domestic courts in Iraq, hybrid tribunals, and 
                internationalized domestic courts; and
                    (B) the capacity building, and other measures, 
                needed to ensure effective criminal investigations of 
                such individuals.
    (c) Report on Accountability for War Crimes, Crimes Against 
Humanity, and Genocide in Syria.--
            (1) In general.--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 on war 
        crimes, crimes against humanity, and genocide in Syria. The 
        Secretary of State shall submit another such report not later 
        than 180 days after the Secretary determines that the violence 
        in Syria has ceased.
            (2) Elements.--The reports submitted under paragraph (1) 
        shall include--
                    (A) a description of alleged war crimes, crimes 
                against humanity, and genocide perpetrated during the 
                civil war in Syria, including--
                            (i) incidents that may constitute war 
                        crimes, crimes against humanity, or genocide 
                        committed by the regime of President Bashar al-
                        Assad and all forces fighting on its behalf;
                            (ii) incidents that may constitute war 
                        crimes, crimes against humanity, or genocide 
                        committed by violent extremist groups, anti-
                        government forces, and any other combatants in 
                        the conflict;
                            (iii) any incidents that may violate the 
                        principle of medical neutrality and, if 
                        possible, the identification of the individual 
                        or individuals who engaged in or organized such 
                        incidents; and
                            (iv) if possible, a description of the 
                        conventional and unconventional weapons used 
                        for such crimes and the origins of such 
                        weapons; and
                    (B) a description and assessment by the Office of 
                Global Criminal Justice of the Department of State, the 
                United States Agency for International Development, the 
                Department of Justice, and other appropriate agencies 
                of programs that the United States Government has 
                undertaken to ensure accountability for war crimes, 
                crimes against humanity, and genocide perpetrated 
                against the people of Syria by the regime of President 
                Bashar al-Assad, violent extremist groups, and other 
                combatants involved in the conflict, including 
                programs--
                            (i) to train investigators within and 
                        outside of Syria on documenting, investigating, 
                        developing findings of, and identifying and 
                        locating alleged perpetrators of war crimes, 
                        crimes against humanity, or genocide, 
                        including--
                                    (I) the number of United States 
                                Government or contract personnel 
                                currently designated to work full-time 
                                on such issues; and
                                    (II) identifying the authorities 
                                and appropriations being used to 
                                support such training efforts;
                            (ii) to promote and prepare for a 
                        transitional justice process or processes for 
                        the perpetrators of war crimes, crimes against 
                        humanity, and genocide in Syria beginning in 
                        March 2011;
                            (iii) to document, collect, preserve, and 
                        protect evidence of war crimes, crimes against 
                        humanity, and genocide in Syria, including 
                        support for Syrian, foreign, and international 
                        nongovernmental organizations, and other 
                        entities, including the International, 
                        Impartial and Independent Mechanism to Assist 
                        in the Investigation and Prosecution of Persons 
                        Responsible for the Most Serious Crimes under 
                        International Law Committed in the Syrian Arab 
                        Republic since March 2011 and the Independent 
                        International Commission of Inquiry on the 
                        Syrian Arab Republic; and
                            (iv) to assess the influence of 
                        accountability measures on efforts to reach a 
                        negotiated settlement to the Syrian conflict 
                        during the reporting period.
            (3) Form.--The reports required under paragraph (1) may be 
        submitted in unclassified or classified form, but shall include 
        a publicly available annex.
    (d) Transitional Justice Study.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State (acting 
through appropriate officials and offices, which may include the Office 
of Global Criminal Justice), after consultation with the Department of 
Justice, the United States Agency for International Development, and 
other appropriate Federal agencies, shall--
            (1) complete a study of the feasibility and desirability of 
        potential transitional justice mechanisms for Syria, including 
        a hybrid tribunal, to address war crimes, crimes against 
        humanity, and genocide perpetrated in Syria beginning in March 
        2011; and
            (2) submit a detailed report of the results of the study 
        conducted under paragraph (1), including recommendations on 
        which transitional justice mechanisms the United States 
        Government should support, why such mechanisms should be 
        supported, and what type of support should be offered, to--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
    (e) Form.--
            (1) In general.--Except as provided in subsection (c)(3), 
        each report required under this section shall be submitted in 
        unclassified form, but may contain a classified annex, if 
        necessary.
            (2) Protection of witnesses and evidence.--In carrying out 
        this section, the Secretary of State shall take due care to 
        ensure that the identification of witnesses and physical 
        evidence are not publicly disclosed in a manner that might 
        place such persons at risk of harm or encourage the destruction 
        of evidence by the Government of Syria, violent extremist 
        groups, anti-government forces, or any other combatants or 
        participants in the conflict.

SEC. 9. TECHNICAL ASSISTANCE AUTHORIZED.

    (a) In General.--The Secretary of State (acting through appropriate 
officials and offices, which may include the Office of Global Criminal 
Justice), after consultation with the Department of Justice and other 
appropriate Federal agencies, is authorized to provide appropriate 
assistance to support entities that, with respect to war crimes, crimes 
against humanity, and genocide perpetrated by the regime of President 
Bashar al-Assad, all forces fighting on its behalf, and all non-state 
armed groups fighting in the country, including violent extremist 
groups in Syria beginning in March 2011--
            (1) identify suspected perpetrators of war crimes, crimes 
        against humanity, and genocide;
            (2) collect, document, and protect evidence of crimes and 
        preserve the chain of custody for such evidence;
            (3) conduct criminal investigations;
            (4) build Syria's investigative and judicial capacities and 
        support prosecutions in the domestic courts of Syria, provided 
        that President Bashar al-Assad is no longer in power;
            (5) support investigations by third-party states, as 
        appropriate; or
            (6) protect witnesses that may be helpful to prosecutions 
        or other transitional justice mechanisms.
    (b) Additional Assistance.--The Secretary of State, after 
consultation with appropriate Federal agencies and the appropriate 
congressional committees, and taking into account the findings of the 
transitional justice study required under section 7(d), is authorized 
to provide assistance to support the creation and operation of 
transitional justice mechanisms, including a potential hybrid tribunal, 
to prosecute individuals suspected of committing war crimes, crimes 
against humanity, or genocide in Syria beginning in March 2011.
    (c) Briefing.--The Secretary of State shall provide detailed, 
biannual briefings to the appropriate congressional committees 
describing the assistance provided to entities described in subsection 
(a).

SEC. 10. DEPARTMENT OF STATE REWARDS FOR JUSTICE PROGRAM.

    Section 36(b)(10) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2708 (b)(10)) is amended by inserting ``(including war 
crimes, crimes against humanity, or genocide committed in Syria 
beginning in March 2011)'' after ``genocide''.

SEC. 11. SYRIA STUDY GROUP.

    (a) Establishment.--There is hereby established a working group to 
be known as the ``Syria Study Group'' (in this section referred to as 
the ``Group'').
    (b) Purpose.--The purpose of the Group is to examine and make 
recommendations with respect to the military and diplomatic strategy of 
the United States with respect to the conflict in Syria.
    (c) Composition.--
            (1) Membership.--The Group shall be composed of 8 members, 
        who shall be appointed as follows:
                    (A) One member appointed by the chair of the 
                Committee on Armed Services of the Senate.
                    (B) One member appointed by the ranking minority 
                member of the Committee on Armed Services of the 
                Senate.
                    (C) One member appointed by the chair of the 
                Committee on Foreign Relations of the Senate.
                    (D) One member appointed by the ranking minority 
                member of the Committee on Foreign Relations of the 
                Senate.
                    (E) One member appointed by the chair of the 
                Committee on Armed Services of the House of 
                Representatives.
                    (F) One member appointed by the ranking minority 
                member of the Committee on Armed Services of the House 
                of Representatives.
                    (G) One member appointed by the chair of the 
                Committee on Foreign Affairs of the House of 
                Representatives.
                    (H) One member appointed by the ranking minority 
                member of the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Co-chairs.--
                    (A) The chair of the Committee on Armed Services of 
                the Senate, the chair of the Committee on Armed 
                Services of the House of Representatives, the chair of 
                the Committee on Foreign Relations of the Senate, and 
                the chair of the Committee on Foreign Affairs of the 
                House of Representatives shall jointly designate 1 
                member of the Group to serve as co-chair of the Group.
                    (B) The ranking minority member of the Committee on 
                Armed Services of the Senate, the ranking minority 
                member of the Committee on Armed Services of the House 
                of Representatives, the ranking minority member of the 
                Committee on Foreign Relations of the Senate, and the 
                ranking minority member of the Committee on Foreign 
                Affairs of the House of Representatives shall jointly 
                designate 1 member of the Group to serve as co-chair of 
                the Group.
            (3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Group. Any vacancy in the Group 
        shall be filled in the same manner as the original appointment.
    (d) Duties.--
            (1) Review.--The Group shall review the current situation 
        with respect to the United States military and diplomatic 
        strategy in Syria, including a review of current United States 
        objectives in Syria and the desired end state in Syria.
            (2) Assessment and recommendations.--The Group shall--
                    (A) conduct a comprehensive assessment of the 
                current situation in Syria, its impact on neighboring 
                countries, resulting regional and geopolitical threats 
                to the United States, and current military, diplomatic, 
                and political efforts to achieve a stable Syria; and
                    (B) develop recommendations on a military and 
                diplomatic strategy for the United States with respect 
                to the conflict in Syria.
    (e) Cooperation From United States Government.--
            (1) In general.--The Group shall receive the full and 
        timely cooperation of the Secretary of Defense, the Secretary 
        of State, and the Director of National Intelligence in 
        providing the Group with analyses, briefings, and other 
        information necessary for the discharge of the duties of the 
        Group.
            (2) Liaison.--The Secretary of Defense, the Secretary of 
        State, and the Director of National Intelligence shall each 
        designate at least 1 officer or employee of their respective 
        organizations to serve as a liaison officer to the Group.
    (f) Report.--
            (1) Final report.--Not later than November 30, 2018, the 
        Group shall submit a report to the President, the Secretary of 
        Defense, the Committee on Armed Services of the Senate, the 
        Committee on Armed Services of the House of Representatives, 
        the Committee on Foreign Relations of the Senate, and the 
        Committee on Foreign Affairs of the House of Representatives 
        that describes the findings, conclusions, and recommendations 
        of the Group under this section, including--
                    (A) an assessment of the current security, 
                political, humanitarian, and economic situation in 
                Syria;
                    (B) an assessment of the current participation and 
                objectives of various external actors in Syria;
                    (C) an assessment of the consequences of continued 
                conflict in Syria;
                    (D) recommendations for a resolution of the 
                conflict in Syria, including options for a gradual 
                political transition to a post-Assad Syria and actions 
                necessary for reconciliation;
                    (E) a roadmap for a United States and coalition 
                strategy to reestablish security and governance in 
                Syria, including recommendations for the 
                synchronization of stabilization, development, 
                counterterrorism, and reconstruction efforts; and
                    (F) any other matters with respect to the conflict 
                in Syria that the Group considers appropriate.
            (2) Interim briefing.--Not later than June 30, 2018, the 
        Group shall provide a briefing to the Committee on Armed 
        Services of the Senate, the Committee on Armed Services of the 
        House of Representatives, the Committee on Foreign Relations of 
        the Senate, and the Committee on Foreign Affairs of the House 
        of Representatives on the status of its review and assessment 
        under subsection (d) and a discussion of any interim 
        recommendations developed by the Group as of the date of the 
        briefing.
            (3) Form of report.--The report submitted to Congress under 
        paragraph (1) shall be submitted in unclassified form, but may 
        include a classified annex.
    (g) Facilitation.--The United States Institute of Peace shall take 
appropriate actions to facilitate the Group in the discharge of its 
duties under this section.
    (h) Termination.--The Group shall terminate on the date that is 6 
months after the date on which the Group submits the report required 
under subsection (f)(1).

SEC. 12. INDEPENDENT INTERNATIONAL COMMISSION OF INQUIRY ON THE SYRIAN 
              ARAB REPUBLIC.

    The Secretary of State, acting through the United States Permanent 
Representative to the United Nations, should use the voice, vote, and 
influence of the United States at the United Nations to advocate that 
the United Nations Human Rights Council, while the United States 
remains a member, annually extend the mandate of the Independent 
International Commission of Inquiry in the Syrian Arab Republic until 
the Commission has completed its investigation of all alleged 
violations of international human rights laws beginning in March 2011 
in the Syrian Arab Republic.

SEC. 13. PROHIBITION ON ADDITIONAL FUNDING.

    No additional funds are authorized to be appropriated to carry out 
this Act. This Act shall be carried out using amounts otherwise 
authorized and appropriated.
                                                       Calendar No. 227

115th CONGRESS

  1st Session

                               H. R. 390

_______________________________________________________________________

                                 AN ACT

  To provide emergency relief for victims of genocide, crimes against 
  humanity, and war crimes in Iraq and Syria, for accountability for 
         perpetrators of these crimes, and for other purposes.

_______________________________________________________________________

                           September 19, 2017

                       Reported with an amendment