[Congressional Record Volume 163, Number 96 (Tuesday, June 6, 2017)]
[House]
[Pages H4632-H4638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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IRAQ AND SYRIA GENOCIDE EMERGENCY RELIEF AND ACCOUNTABILITY ACT OF 2017
Mr. ROYCE of California. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 390) to provide for emergency relief to victims of
genocide, crimes against humanity, and war crimes in Iraq and Syria, to
provide accountability for perpetrators of these crimes, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 390
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
Emergency Relief and Accountability Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(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.
(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
1,400,000 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.
(3) The annual reports on international religious freedom
further suggest that Christian communities living in Syria,
which had accounted for between eight and ten 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.
(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.
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, the Committee on Homeland Security, and the
Permanent Select Committee on Intelligence of the House of
Representatives; and
(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.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' mean an organization designated by
the Secretary of State as a foreign terrorist organization
pursuant to section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
(3) Humanitarian, stabilization, and recovery needs.--The
term ``humanitarian, stabilization, and recovery needs'',
with respect to an individual, includes water, sanitation,
hygiene, food security and nutrition, shelter and housing,
reconstruction, medical, education, and psychosocial needs.
(4) Hybrid court.--The term ``hybrid court'' means a court
with a combination of domestic and international lawyers,
judges, and personnel.
(5) Internationalized domestic court.--The term
``internationalized domestic court'' means a domestic court
with the support of international advisers.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to ensure that
assistance for humanitarian, stabilization, and recovery
needs of individuals who are or were nationals and residents
of Iraq or Syria, and of communities 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.
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SEC. 5. 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 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:
(1) The conduct of criminal investigations.
(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.
(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).
(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--
(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
(2) 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. 6. 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 Director of National Intelligence, shall seek to identify
the following:
(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 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
(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.
(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 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.
(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.
(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.
(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.
SEC. 7. REPORTS.
(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:
(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 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.
(3) Recommendations for legislative remedies and
administrative actions to facilitate implementation of this
Act.
(b) Form.--The 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. This Act shall be carried out using
amounts otherwise authorized.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New York (Mr. Espaillat)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE of California. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and to include extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I want to begin by recognizing the efforts of our
colleague, Mr. Smith. Mr. Smith of New Jersey is chairman of the
Subcommittee on Africa, Global Health, Global Human Rights, and
International Organizations. We appreciate his strong leadership on
this critical issue. And, as always, I also appreciate Ranking Member
Engel for his support.
Mr. Speaker, more than 6 years ago, the world watched with dread as
Syrian dictator Bashar al-Assad ordered action against what were
peaceful protestors coming down the main boulevard in Damascus. We
watched on CNN and international television. As they were saying it was
peaceful, we then saw the automatic weapons of the regime open up and
mow them down. What has followed has been year after year of mass
atrocities as Assad seeks to break the Syrian people.
Building on the vacuum created by Assad, ISIS burst onto the
international stage in 2014 by declaring themselves and their supposed
``caliphate''--and committing obscene, horrific acts in an effort to
spread their nihilistic, death-filled ideology.
We also saw that they targeted anyone unlucky enough to cross their
path across Syria and Iraq. Yet, oddly enough, the regime in Syria did
not target ISIS. They were too busy carrying out their campaign against
the people of Syria--protesters, the Free Syrian Army, and others--who
were pushing back against the regime.
Here, alongside the nightmare that Assad created, came this new
nightmare of ISIS. These two evils, as I call them, ISIS and Assad,
exist side by side, perpetrating extreme violence on anyone who would
oppose their grip on power.
ISIS is committing genocidal violence against Yazidis and Christians
in Syria and Iraq, seeking to destroy their entire communities and to
erase their shared histories. Assad is committing massive crimes
against humanity, targeting men, women, and children from all sects,
all religions, and all groups, as documented by Caesar, a military
photographer who snuck out photos of what goes on in Assad's prisons,
documenting the torture and death of tens of thousands of citizens in
Syria.
More than a year after the Obama administration, under intense
congressional pressure, finally declared that ISIS' actions against the
religious communities of Iraq and Syria constituted ``genocide,'' there
is still an urgent need for assistance to these vulnerable communities.
These communities, which exist on the outskirts in Syria and on the
borders, have been devastated by ISIS' efforts to wipe them out.
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These ancient communities, whose roots go back centuries, include
Christians, Yazidis, Assyrians, Syriacs, Turkomans, and many others.
Their presence in Iraq and Syria is crucial to the social fabric of
these nations.
While the U.S. has been generous in providing assistance to those
targeted, their needs are still urgent and extreme. Whole communities
have been displaced, enslaved, and slaughtered. Survivors need
assistance in feeding and clothing their families and in beginning to
address the extreme trauma caused by ISIS and Assad.
This bill offers additional immediate relief for these vulnerable
communities and also directs the State Department to do more to support
efforts to collect and preserve evidence of ``genocide, crimes against
humanity, and war crimes'' so that, someday, justice might be served.
I urge Members to support this bill so that the possibility of
justice and accountability for these atrocities can give hope to those
suffering today.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, April 24, 2017.
Hon. Edward R. Royce,
Chairman, Committee on Foreign Affairs,
Washington, DC.
Dear Chairman Royce: I write with respect to H.R. 390, the
``Iraq and Syria Genocide Emergency Relief and Accountability
Act.'' As a result of your having consulted with us on
provisions within H.R. 390 that fall within thc rule X
jurisdiction of the Committee on the Judiciary, I forego any
further consideration of this bill so that it may proceed
expeditiously to the House floor for consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 390 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation and that our
committee will be appropriately consulted and involved as
this bill or similar legislation moves forward so that we may
address any remaining issues in our jurisdiction. Our
committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation and asks
that you support any such request.
I would appreciate a response to this letter confirming
this understanding with respect to H.R. 390 and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration of H.R. 390.
Sincerely,
Bob Goodlatte,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, April 24, 2017.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Goodlatte: Thank you for consulting with the
Foreign Affairs Committee and agreeing to be discharged from
further consideration of H.R. 390, the Iraq and Syria
Genocide Emergency Relief and Accountability Act of 2017, so
that the bill may proceed expeditiously to the House floor.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee, or prejudice its jurisdictional prerogatives
on this resolution or similar legislation in the future. I
would support your effort to seek appointment of an
appropriate number of conferees from your committee to any
House-Senate conference on this legislation.
I will seek to place our letters on H.R. 390 into the
Congressional Record during floor consideration of the
resolution. I appreciate your cooperation regarding this
legislation and look forward to continuing to work together
as this measure moves through the legislative process.
Sincerely,
Edward R. Royce,
Chairman.
Mr. ESPAILLAT. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of this measure.
I, again, want to thank Chairman Royce and Ranking Member Engel, who
have worked in a bipartisan way to bring this important measure before
us today. I would also like to thank Mr. Smith and Ms. Eshoo for their
work on this bill, the Iraq and Syria Emergency Genocide Act, and for
their tireless efforts on behalf of religious minorities in the Middle
East. It is often easy to look away in the face of these atrocities,
Mr. Speaker, but these lawmakers have made sure that we stay focused on
preventing genocide and promoting accountability in this part of the
region.
On March 17, 2016, Secretary of State John Kerry said: ``In my
judgment, ISIS is responsible for genocide against groups and areas
under its control, including Yazidis, Christians, and Shia Muslims . .
. the United States will strongly support efforts to collect, document,
preserve, and analyze the evidence of atrocities, and we will do all we
can do to see that these perpetrators are held accountable.''
The House had urged the Secretary to designate the crimes against
minorities in Iraq and Syria as ``genocide,'' and the measure before us
today follows up on those efforts. It is tragic that a bill like this
remains necessary. Unfortunately, ISIS continues to target religious
minorities, including Christians, Yazidis, and Shia.
We have seen overwhelming evidence of forced migration, execution,
rape, starvation, enslavement, amputation, and public lashings. In
Raqqa, which ISIS has declared capital of the caliphate, children are
forced to watch videos of mass executions in order to desensitize them
to this level of violence.
ISIS remains an ongoing threat, and its campaign of violence and
persecution is an ongoing tragedy for the people across the region.
This bill would respond to that part of the challenge. It states that
American assistance for humanitarian, stabilization, and recovery
should go to those individuals and communities with the greatest need.
That includes communities of religious and ethnic minorities.
The bill also will help ensure that those responsible for this
violence and persecution are brought to justice. It pushes USAID to
assist in the efforts to conduct criminal investigations and help
develop skills on the ground to collect evidence and press these cases.
This legislation is supported by the Knights of Columbus, U.S.
Conference of Catholic Bishops, HIAS, Yazidi Human Rights Organization-
International, and several other organizations.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. ROYCE of California. Mr. Speaker, I yield 5 minutes to the
gentleman from New Jersey (Mr. Smith), the author of this bill and also
the chairman of the Foreign Affairs Subcommittee on Africa, Global
Health, Global Human Rights, and International Organizations.
Mr. SMITH of New Jersey. Mr. Speaker, I thank the distinguished
chairman for yielding, and I thank him for his leadership on this bill.
I want to thank Ranking Member Engel for his support and also Majority
Leader McCarthy for making sure this bill came to the floor. Without
that, we wouldn't be here, so I want to thank him especially for his
support.
Mr. Speaker, I start off by saying that, since 2013, I have chaired
nine congressional hearings focused in whole or in part on atrocities
in Iraq and Syria. The distinguished chairman has had another dozen or
so such hearings that have brought to light these atrocities.
In one of our hearings in December of 2015, Gregory Stanton,
president of Genocide Watch, testified that ``weak words are not
enough,'' noting that 21 human rights organizations, genocide scholars,
and religious leaders wrote to President Obama imploring him to
recognize the ISIS genocide.
At that same hearing, Chaldean Bishop Francis Kalabat said that
``since the fall of Mosul in early June 2014, Christians have endured
targeted persecution in the form of forced displacement, sexual
violence, and other human rights violations.'' He said, ``ISIS has
committed terrific atrocities against the Yazidis,'' and then he
bottom-lined it and said the Christians are ``under threat of
extinction.''
On May 9, 2016, the House passed Jeff Fortenberry's genocide
resolution 393-0. A few days later, Secretary of State John Kerry
declared ISIS atrocities to be a genocide.
The existential threat to Christians and Yazidis and other minority
faiths, however, continues to this day. Some of the fortunate ones have
made it to the relative safety of Erbil but, astonishingly, have gotten
no assistance from the United States Government.
Since 2014, as a matter of fact, the Chaldean Catholic Archdiocese of
Erbil has provided almost all of the medical care, food, shelter, and
education received by over 13,200 Christian families,
[[Page H4635]]
almost one-third of the Christians remaining in Iraq, who escaped ISIS.
The archdiocese also provides assistance to Yazidis and Muslims. The
funding for all of this has been private, with money from Knights of
Columbus, Aid to the Church in Need, and a few others.
Carl Anderson, Supreme Knight of the Knights of Columbus, which has
donated more than $12 million to the effort, testified in one of my
hearings and said the Knights and other private sources have responded.
``But nongovernmental organizations can only do so much.''
``The rich tapestry,'' as he pointed out, ``of religious pluralism in
the region must be preserved now or it will be lost forever,'' noting
that there has been an 80 percent decline of Christians in Iraq and 70
percent in Syria.
He said: ``With its loss will come increased instability and threats
to our own security and that of the world.
``We have a unique opportunity--and, some would say, unique
responsibility--to protect the victims of genocide.''
Mr. Speaker, just before Christmas of last year, I traveled to Erbil
with a staff delegation at the invitation of the Chaldean archbishop,
Bashar Warda, to meet with survivors and to visit an internally
displaced person camp of about 6,000 individuals. Both my staff and I
were amazed and inspired by the genocide survivors' resiliency and deep
faith in the Lord, despite the cruelty that they had endured.
{time} 1715
There was so much joy, love, and courage despite the loss of family
and friends to ISIS. They had deep hope. The children sang Christmas
carols--it was December 23 when we were there--with smiles and with
reverence. The leaders, especially Archbishop Warda, trusted in God
while working unceasingly and unselfishly for others.
Because the needs on the ground have always exceeded private support,
the archdiocese has had to battle chronic funding crises over these
last several years. Archbishop Warda told me recently that they had to
temporarily suspend their distribution of medicines, and are on track
to run out of money for food sometime this June.
H.R. 390 provides authority and direction to the secretary and the
administrator of USAID to identify the humanitarian, stabilization, and
recovery needs of these communities.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. ROYCE of California. Mr. Speaker, I yield the gentleman an
additional 2 minutes.
Mr. SMITH of New Jersey. This bill also authorizes and directs the
secretary to fund entities, including faith-based ones, that are
effectively providing assistance to meet those needs on the ground.
It addresses another urgent aspect of this crisis: evidence linking
specific ISIS perpetrators to specific atrocity crimes that is being
destroyed or lost. And we have seen this in the past in Rwanda, in
Sierra Leone, and in the former Yugoslavia. You have got to collect the
information that is actionable in order to prosecute these crimes
against humanity. This legislation directs that, and that is why it has
the support of all four former U.S. Ambassadors at Large for war crimes
issues.
It also directs the Secretary of State to work with foreign
governments to ensure that they are including identifying information
about suspected perpetrators in their security databases and security
screening and are prosecuting perpetrators of these horrific crimes.
President Trump and Vice President Pence have strongly, publicly, and
repeatedly committed the administration to providing relief to
Christians, Yazidis, and other genocide survivors. This legislation
tangibly supports this commitment and is a blueprint for action.
I especially want to thank tonight the coauthor of this legislation,
Anna Eshoo. Her tireless efforts on behalf of all Christians and other
persecuted religious minorities has been really fantastic, and I want
to thank her for that and for working so cooperatively together with me
and my staff and the full committee staff.
I would also like to thank the great staff work of Nathaniel Hurd,
Piero Tozzi in my office, Matt McMurray in Anna Eshoo's office, Doug
Anderson and Joan Condon in the House Foreign Affairs Committee, and
Roger Mahan and Luke Murry in the majority leader's office. And, as
always, I want to thank Kelly Dixon, who ultimately helped us bring
this legislation to the floor.
Mr. Speaker, I include in the Record the statement of Mr. Carl A.
Anderson before the Subcommittee on Africa, Global Health, Global Human
Rights, and International Organizations.
Opening Statement of Mr. Carl A. Anderson, Supreme Knight, Knights of
Columbus
(Before the Subcommittee on Africa, Global Health Global
Human Rights and International Organizations of the Committee
on Foreign Affairs, U.S. House of Representatives, at a
hearing titled The ISIS Genocide Declaration: What Next?, May
26, 2019)
Thank you for the opportunity to appear before this
subcommittee and to discuss the next steps that need to be
taken needed to protect the survivors of ongoing genocide in
Iraq and Syria. Let me begin by saying that the House of
Representatives, the State Department and the United States
Commission on International Religious Freedom are all to be
commended for the important step of declaring the situation
confronting Christians and other religious minorities in the
Middle East genocide.
The world's greatest humanitarian crisis since World War II
is unfolding now in the Middle East. In addition to millions
of refugees, many of the region's indigenous communities now
face extinction. These communities may disappear in less than
a decade. But their fate is not inevitable. The United States
can avert this unfolding tragedy.
A unique historical moment
Around the world, people of good will, Muslim and non-
Muslim alike, wish to differentiate themselves from the
horrific and violent theology espoused by ISIS.
It is certainly true that such extremists make up a small
percentage of Muslims overall. But among the world's billion
Muslims, the majority simply want to raise their families in
peace and are scandalized by what ISIS is doing in the name
of Islam.
Prominent Islamic leaders and scholars from around the
world have recently taken an important step in the Marrakesh
Declaration. Attempts such as this, which seek to align Islam
with the Universal Declaration of Human Rights should be
supported.
At the same time, it is clear that Christians, and other
indigenous minorities, are experiencing genocide, at the
hands of the Islamic State and related groups. Their plight
is now at the top of the world's agenda in a way that it
never has been before.
These factors together create an unparalleled opportunity
for the United States, and for all those opposed to ISIS'
radical vision--Muslims and non-Muslims alike--to advance an
agenda of equality, justice, peace, and accountability in the
region.
Six principles for sound policy in the region
The United States can avert the extinction of indigenous
religious and ethnic communities in Iraq and Syria with a
policy that contains the following six principles:
(1) Increase aid and ensure that it actually reaches those
most in need;
We are reliably informed that official government and U.N.
aid does not reach the Christian genocide survivors in Iraq
and Syria.
Repeatedly, we hear from Church leaders in the region that
Christians--and other genocide survivors--are last in line
for assistance from governments. Significantly, the
Archdiocese of Erbil, where most Iraqi Christians now live,
receives no money from any government whatsoever. If
assistance from outside Church affiliated agencies ends in
Erbil, Christians there will face a catastrophic humanitarian
tragedy within 30 days. The situation is similar in Syria,
according to Christian leaders there.
Those who face genocide are a tiny fraction of the
population. They often must avoid official refugee camps
because they are targeted for violence there by extremists.
As a result, these minorities often do not get ``official''
aid. This will continue to be the reality unless specific
action is taken to bring the aid to where these minorities
are forced to reside by continuing violence.
The Knights of Columbus and others private sources have
responded to this situation. Since 2014, we have raised more
than $10.5 million for relief, assisting Christians and other
internally displaced persons and refugees in Iraq, Syria,
Jordan, and Lebanon. We have partnered with dioceses and
religious agencies working in the region to provide general
relief, food, clothing, shelter, education, and medical care.
In doing so we assist both Christians and non-Christians. We
are also working with church entities to ensure that they are
making use of all government or U.N. resources available.
But non-governmental organizations can only do so much.
Government aid is essential to the long-term survival of
these indigenous religious and ethnic minorities. It is
urgent that Congress appropriate funding to save those who
have escaped genocide. I urge you to consider special
emergency appropriations, however modest, to improve the
humanitarian conditions on the ground in Iraq.
This funding, whatever the vehicle, should come with
mechanisms in place--reporting
[[Page H4636]]
requirements and oversight--to ensure that American aid does
not get diverted from its intended purpose.
(2) Support the long-term survival in the region of these
ancient indigenous religious and ethnic communities;
In Iraq, the Christians population has declined by more
than 80 percent, and in Syria by nearly 70 percent.
American policy should recognize the important differences
in the situations of those fleeing violence and those
targeted for genocide. And we should prioritize the latter.
Consider this analogy. After World War II, there were
approximately 50 million refugees, and only a small fraction
were Jews. Yet the world understood that Jews, who had
survived genocide, faced a qualitatively different situation,
and deserved heightened consideration.
The same is true today for the indigenous religious and
ethnic minorities of the region. They have an indisputable
right to live in their country--in whatever region of it they
wish. Depending on the circumstances, this may mean where
they are originally from, or where they find themselves now,
but as survivors of an ongoing genocide, they deserve to be
prioritized, not left behind by American policy decisions.
(3) Punish the perpetrators of genocide and crimes against
humanity;
The United States should support action by the U.N.
Security Council to refer key perpetrators of genocide for
prosecution. Equally important, we should support the Iraqi
Central Government and the Kurdish Regional Government's
adjudication of the cases of thousands of ISIS fighters
and supporters who currently remain in local detention
centers.
As the population of captured ISIS fighters increases,
local detention centers and jails risk becoming their own
humanitarian issue. The need to improve this situation cannot
be overstated.
Additionally, although substantial evidence of genocide
exists, the United States should cooperate in taking further
action to develop additional documentation and preservation
before physical evidence is lost. Appropriations intended to
assist in the adjudication of ISIS fighters will be critical
in the coming months.
(4) Assist victims of genocide in attaining refugee status.
A news report last week indicated that of the 499 Syrian
refugees admitted to the U.S. in May, not one was listed as
being Christian or as explicitly coming from any of the
groups targeted for genocides. How long will this situation
be allowed to continue?
The U.S. should appropriate funding and work with the U.N.
High Commissioner for Refugees to make provisions for
locating and providing status to individuals--such as Yezidis
and Christians--that have been targeted for genocide. Many of
these genocide survivors fear going into official U.N.
refugee camps, where they are targeted. Thus they are
overlooked, and find it nearly impossible to acquire official
refugee status or immigrate.
Congress should act now. Senator Tom Cotton has introduced
the Religious Persecution Relief Act, S. 2708, to provide for
overlooked minorities in the prioritization of refugees. We
support this bill and urge its passage.
(5) Prepare now for foreseeable human rights challenges as
ISIS-controlled territory is liberated by ensuring that
Christians and other minorities have equal rights to decide
their future;
We should prepare now for the consequences of the
liberation of ISIS controlled areas, including Mosul and the
Nineveh Region, as well as regions in Syria. We are likely to
see another humanitarian crisis as civilians flee the
fighting or return to their former communities when fighting
ceases.
There has been much debate concerning plans for victims of
genocide in Iraq. Some have argued for returning people
safely to the Nineveh Region, others that they should be
allowed to stay in Kurdistan, still others that they be
allowed to immigrate. But these are not necessarily mutually
exclusive, competing proposals. People should be allowed to
decide their own future. And when they do, we should work to
ensure they are treated with fairness, dignity and equality.
This also means that it will be increasingly important to
ensure that the property rights and claims of minority groups
are respected.
(6) Promote the establishment of internationally agreed
upon standards of human rights and religious freedom as
conditions for humanitarian and military assistance.
The United States should advocate for full and equal rights
for religious and ethnic minorities in the region in exchange
for our military and humanitarian aid. A necessary first step
to prevent genocide is to overcome the social and legal
inequality that is its breeding ground.
Religious hatred, discrimination and second-class
citizenship too often constitute a way of life in the
region--and it is a way of life that is an antecedent to
genocide. We cannot accept one standard for human rights in
the region and another standard for the rest of the world.
The guarantees in the Universal Declaration of Human
Rights--and the First and Fourteenth amendments to our own
constitution--regarding equality under the law and freedom of
speech and religion must become a reality for all citizens of
Iraq, Syria and elsewhere throughout the region.
Conclusion
The rich tapestry of religious pluralism in the region must
be preserved now or it will be lost forever. With its loss
will come increased instability and threats to our own
security and that of the world.
We have a unique opportunity--and some would say, unique
responsibility--to protect the victims of genocide. The
United States can provide such protection with a policy that
includes the principles outlined above. Mr. Chairman, thank
you very much for your leadership and that of the members of
this subcommittee.
Mr. ESPAILLAT. Mr. Speaker, I yield myself the balance of my time to
close.
The only way for the people of Iraq and Syria to find peace and
stability in the coming years is to move towards more inclusive
governing, ensuring that minorities have a stake in the way their
countries are run, and for those responsible for violence to face
justice. It is as simple as that.
This legislation is a recognition that there are no military
solutions in the Middle East; rather, the best way forward is to
address the underlying causes that led to the creation of ISIS so we
can prevent the next ISIS from rising up from the ashes in Iraq and
Syria.
Mr. Speaker, I urge my colleagues to support this legislation, and I
yield back the balance of my time.
Mr. ROYCE of California. Mr. Speaker, I yield myself the balance of
my time.
Just in speaking about the conditions of the Christian community,
outside of Erbil, like Chairman Smith, I had the opportunity last year
to speak to Archbishop Warda and to many of those Christian families
that have survived, and to see many of the children that are struggling
there.
I did want to commend the Knights of Columbus, the archbishop, and
Catholic Charities for their sustained effort, which goes not only to
this Christian community, but also the neighboring Yazidi community.
These communities have no other means of support.
I think that as we reflect upon this, beyond the genocidal actions of
ISIS, we have also seen the depravity of the Assad regime, which has
engaged in a massive effort to destroy anyone, regardless of sect or
religion or ethnicity, if they suspect them of being unwilling to bow
to Syria's murderous dictator. None are safe.
I say ``suspect'' because so many of those who were tortured to death
to give up other names are simply caught up in a web of intelligence
services who go out and try to find those who they believe may not be
loyal. And they haul them in for torture. And under the knife, many of
these people will give up names of other families, whoever they can
remember, whoever they know who may or may not in any way be involved
in politics, but then find themselves in those same torture chambers.
The result of this kind of a society year after year breeds a sense
of absolute hopelessness, of blowback, of problems throughout Syria
from which, I must say, I suspect this long climb back is going to be a
very difficult one.
At the end of the day, though, it is still absolutely imperative that
those responsible for those hideous crimes be held accountable. A key
aspect of any lasting peace is going to be accountability, because a
renewal of trust and the prospect of justice is going to be based on
some measure on whether we are going to hold to account those who
committed those kinds of crimes, those who led to this kind of horror.
Whether it is Assad's regime or whether it is ISIS, there is so much
devastation left in the wake.
I urge Members to support this resolution so that the possibility of
peace can be sustained by the hope that justice will prevail. I again
thank Mr. Smith for authoring this measure. I also thank Ranking Member
Engel for his passionate leadership on the crisis in Syria for so many
years.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, since 2013, I have chaired nine
Congressional hearings focused, in whole or in a large part, on
atrocities in Iraq and Syria.
At one hearing in December of 2015, Professor Gregory Stanton,
President of Genocide Watch testified that ``weak words are not
enough'' noting that twenty one human rights organizations, genocide
scholars, and religious leaders wrote to President Obama imploring him
to recognize the ISIS genocide.
At the same hearing, Chaldean Bishop Francis Kalabat testified that
``since the fall of
[[Page H4637]]
Mosul in early June 2014, Christians have endured targeted persecution
in the form of forced displacement, sexual violence, and other human
rights violations.'' He said ``ISIS has committed horrific atrocities
against the Yazidis.'' The bishop said Christians are ``under threat of
extinction.''
On May 9, 2016, the House passed Jeff Fortenberry's Genocide
resolution 393 to 0. A few days later, Secretary of State John Kerry
declared ISIS atrocities to be a genocide.
The existential threat to Christians and Yazidis and other minorities
continues to this day. Some of the fortunate ones, however, have made
it to relative safety in Erbil but astonishingly have not gotten
assistance from the United States.
Since 2014, the Chaldean Catholic Archdiocese of Erbil has been
providing almost all of the medical care, food, shelter and education
received by 13,200 Christian families, almost one third of Christians
remaining in Iraq, who escaped ISIS. The Archdiocese also provides
assistance to Yazidis and Muslims. The funding has been private--
Knights of Columbus, Aid to the Church in Need, and a few others.
Carl Anderson, Supreme Knight of the Knights of Columbus--which has
donated more than $12 million to the effort--testified that the Knights
and other private sources have responded, ``But non-governmental
organizations can only do so much.'' He also made numerous
recommendations including supporting the ``Long term survival in the
region of these ancient indigenous religions and ethnic communities. In
Iraq, the Christian population has declined by more than 80 percent,
and in Syria, it has declined by almost 70 percent . . . The rich
tapestry of religious pluralism in the region must be preserved now or
it will be lost forever.'' He said, ``With its loss will come increased
instability and threats to our own security and that of the world. We
have a unique opportunity--and some would say, unique responsibility--
to protect the victims of genocide.''
Just before Christmas last year, I travelled to Erbil at the
invitation of the Chaldean Catholic Archbishop of Erbil, Bashar Warda,
to meet with survivors and visit an IDP camp.
Both my staff and I were amazed and inspired by the genocide
survivors resiliency and deep faith in the Lord despite the cruelty
they endured.
There was much joy, love, and courage despite the loss of family and
friends to ISIS. They had hope. The children sang Christmas carols with
smiles and reverence.
The leaders--especially Archbishop Warda--trust in God while working
unceasingly for others.
Because the needs on-the-ground have always exceeded private support,
however, the Archdiocese has had to battle chronic funding crises.
Archbishop Warda told me they recently had to temporarily suspend their
distribution of medicines and are on-track to run out of money for food
sometime this June.
H.R. 390 provides authority and direction to the Secretary and
Administrator of the U.S. Agency for International Development to
identify the humanitarian, stabilization, and recovery needs of these
communities. The bill also authorizes and directs the Secretary and
Administrator to fund entities--including faith-based ones--that are
effectively providing assistance to meet those needs on-the-ground.
H.R. 390 addresses another urgent aspect of this crisis: Evidence
linking specific ISIS perpetrators to specific atrocity crimes is being
destroyed or lost. It is vital that evidence that can be used in a
range of court settings is collected and preserved. This will enable
accountability and support our efforts to counter terrorist groups by
demonstrating that the perpetrators are chronic rapists, child abusers,
drug dealers and human traffickers.
This legislation authorizes and directs the Secretary and
Administrator to fund entities that are conducting criminal
investigations into perpetrators of atrocity crimes in Iraq.
The Commission for International Justice and Accountability is an
example of a non-governmental organization that has been conducting
such criminal investigations on-the-ground. CIJA has collected and
preserved ISIS recruitment forms, foreign fighter passports, and ISIS
instructions from ISIS facilities, laptops, hard drives, and memory
sticks. It has taken hundreds of witness statements from victims,
perpetrators, detained fighters, defectors, insiders, witnesses, and
other witnesses. CIJA has developed pretrial briefs and perpetrator
profiles that are of a world-class quality.
In 2016, CIJA received 409 requests for assistance on cases from law
enforcement agencies in many countries, including the Department of
Homeland Security and FBI and works closely with both agencies. Yet,
CIJA has received no financial support from the U.S. government.
H.R. 390 also directs the Secretary to work with foreign governments
to ensure that they are including identifying information about
suspected perpetrators in their security databases and security
screening and are prosecuting perpetrators.
ISIS fighters in Iraq are being captured and detained in the battle
for Mosul and beyond. Others are escaping the region and attempting to
return to their home countries around the world. We should help ensure
that in addition to being screened and prosecuted for terrorism, they
are screened and prosecuted for atrocity crimes.
President Trump and Vice President Pence have strongly, publicly
committed the Administration to providing relief to Christians,
Yazidis, and other genocide survivors, and ensuring perpetrators are
brought to justice. H.R. 390 supports this commitment and is a
blueprint for implementation.
H.R. 390 has the bipartisan co-sponsorship of 46 members, support
from a range of prominent Christian, Yezidi, religious freedom, and
accountability organizations, and has been endorsed by all four former
U.S. Ambassadors-at-Large for War Crimes Issues.
I especially want to acknowledge my co-author and good friend Anna
Eshoo. Her tireless efforts on behalf of Christians and other
persecuted religious minorities, and the fantastic partnership with her
and her staff on this bill, are a testament to the hi-partisanship of
H.R. 390 and international religious freedom more broadly.
And finally, Mr. Speaker, I would like to thank the great staff work
of Nathaniel Hurd and Piero Toni in my office. Matt McMurray in Anna
Eshoo's office. Doug Anderson and Joan Condon in the House Foreign
Affairs Committee. Roger Mahan and Luke Murry in the Majority Leader's
Office. And Kelly Dixon who ultimately helped us get it to the floor.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland
Security Committee and as a member of the Congressional Refugee Caucus,
I rise in strong support of H.R. 390, the ``Iraq and Syria Genocide
Emergency Relief and Accountability Act of 2017.''
This legislation makes clear that it is the policy of the United
States to ensure that assistance for humanitarian, stabilization, and
recovery needs 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.
Mr. Speaker, this legislation is a timely and important response to
acts of genocide and other war crimes committed by ISIS in a its
continuing effort to subjugate the Yazidi religious minority in Syria
and Iraq.
ISIS has targeted and continues to target Muslims, Jews, Sikhs,
Christians, Yazidis and its reprehensible actions are reminiscent of
what we have seen in some of the darkest periods of human history.
For example, according to reports of human rights watchgroups, Shiite
Muslims have been killed by ongoing waves of ISIS bombings of Shiite
neighborhoods, and Shiite members of Iraq's security forces have been
victims of mass ISIS executions.
ISIS is believed to be holding 3,500 people as slaves, and most of
the enslaved are women and children from the Yazidi community.
ISIS claimed credit for the twin blasts that struck Christian
Egyptian churches during Palm Sunday services, in which at least 47
Christians were murdered.
Sadly, Mr. Speaker, in our own country we are witnessing an alarming
increase in violence, bigotry, and acts of terror against members of
many of our religious minorities:
1. Muslim college students have been shot and killed, execution-
style, in their living room and outside of their mosques.
2. Jewish communities are struggling to deal with desecrated
cemeteries and waves of bomb threats being called to their community
centers and places of worship.
3. Two Sikh men were killed in New York City, a crime police declared
to be a hate-shooting.
4. Nine African American parishioners were shot to death during Bible
study at a Mother Emanuel African Methodist Episcopal Church in
Charleston, South Carolina.
H.R. 390 aims to promote accountability in Iraq and Syria for the
atrocities committed against the religious minorities living in those
countries.
It also provides emergency relief for victims of genocide, crimes
against humanity, and war crimes in Iraq and Syria.
Specifically, the bill authorizes the providing of financial and
technical assistance to those in need, as well as working with
nongovernmental organizations with expertise in international criminal
investigations and law to investigate and address crimes of genocide,
crimes against humanity, or war crimes, and their constituent crimes,
occurring in Iraq since January 2014.
H.R. 390 also authorizes United States aid agencies to provide
assistance to entities determined to be capable of effectively managing
and delivering recovery, humanitarian, or stabilization assistance to
Iraqi and Syrian religious or ethnic minorities that have been
victimized by ISIS.
[[Page H4638]]
Mr. Speaker, the crimes ISIS has committed against Iraqi and Syrian
religious and ethnic minorities are horrific.
The victims of this campaign of terror are innocent and in dire need
of humanitarian and stabilization assistance.
As the global leader and champion of human rights and human dignity,
the United States has an obligation to lead the international effort to
defeat ISIS and ameliorate the suffering caused by its heinous acts.
H.R. 390 is a welcome and positive step in the right direction and I
urge all Members to join me in voting for this important legislation.
Ms. ESHOO. Mr. Speaker, I rise in strong support of H.R. 390, the
Iraq and Syria Genocide Emergency Relief and Accountability Act of
2017.
In March of 2016, Congress declared in unequivocal terms that the
persecution of Christians, Yezidis, and other ethnic and religious
minorities in Iraq and Syria by ISIS constituted genocide.
This was a seminal moment in the U.S. Congress because it's only the
third time in history that Congress has declared a genocide.
Unfortunately, the conditions for the tens of thousands of survivors of
these crimes against humanity grow worse each day.
Mr. Speaker, we are witnessing the systematic extermination of
Christians and other religious and ethnic minorities at the hands of
ISIS.
And despite the fact that Congress has appropriated over $1 billion
in humanitarian aid to help these communities in Fiscal Year 2017, the
money has not reached survivors because the only organizations focused
solely on aiding survivors are religious groups, which the State
Department will not provide assistance to.
For example, the Archdiocese of Erbil is currently providing food,
housing, and medical care to more than 70,000 Christians who escaped
death at the hands of ISIS. Even though the Archdiocese of Erbil is
providing assistance to survivors at the center of this crisis, the
State Department will not distribute U.S. assistance through religious
organizations. H.R. 390 would resolve this ongoing problem.
The bill directs the Secretary of State and USAID to provide
assistance directly to entities, including faith-based entities that
are effectively providing assistance to genocide survivors or other
persecuted religious and ethnic communities on the ground in Iraq and
Syria. Importantly, the aid can only be used for humanitarian relief on
the ground, not to support the general operations of the church or
faith-based entity.
H.R. 390 also includes important provisions that will help the
international community document the crimes against humanity that have
been committed by ISIS, hold the perpetrators accountable, and ensure
we learn from the horrors we have witnessed over the last six years so
that we can one day prevent the next large-scale genocide from
occurring.
I want to thank the bill's sponsor and my partner in this ongoing
effort to help the tens of thousands of survivors of genocide in Iraq
and Syria, Congressman Chris Smith. He has been a tireless advocate on
behalf of these persecuted communities and I commend him for the work
he has done to get this bill through the House.
Thirteen months after the House and Senate took the important step to
label these crimes against humanity as genocide, my colleagues now have
the opportunity to help bring an end to the suffering.
I urge my colleague to vote ``YES'' on H.R. 390.
Mr. BABIN. Mr. Speaker, I rise today in support of H.R. 390, the Iraq
and Syria Genocide Emergency Relief and Accountability Act.
For too long, the Middle East--the birth place of Christianity--has
been the place where thousands of Christians have been led to their
deaths. The Pew Research Center reports that Christians are the world's
most persecuted faith community, with Middle Eastern Christians
experiencing this most severely.
In 2012, President Obama declared what is happening to Christians in
the Middle East as ``genocide'', but not much has been done to respond
to this crisis.
This bill will provide the dire supports and safeguards that
Christians and other religious minorities desperately need.
Specifically, it gives prioritized consideration to Christians and
other religious minorities in the Middle East for admission into the
U.S. Refugee Admissions Program, while keeping standard vetting
procedures in place.
This is so important given that less than half of one percent of
Syrians chosen for resettlement between 2011 and 2016 have been
Christians.
H.R. 390 also supports entities that are conducting criminal
investigations into the bad actors perpetrating violence against
Christians and supports groups helping victims of genocide in the
region.
Clearly, persecuted Christians in the Middle East desperately need
our support. As a fellow Christian, I will keep working to bring
attention to the failures of our current refugee program in helping
these individuals, as well as promote efforts to provide resources and
assistance to them in their time of need.
I applaud the passage of H.R. 390 and hope that the Senate will give
it timely consideration.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 390, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill 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.''.
A motion to reconsider was laid on the table.
____________________