    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-300
    115th Congress

    An Act

    To provide relief for victims of genocide, crimes against humanity, and
    war crimes who are members of religious and ethnic minority groups in
    Iraq and Syria, for accountability for perpetrators of these crimes, and
    for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iraq and Syria Genocide Relief and
    Accountability Act of 2018''.
    SEC. 2. FINDINGS.

    Congress finds the following:
    (1) The Secretary of State of State declared on March 17,
    2016, and on August 15, 2017, that Daesh (also known as the
    Islamic State of Iraq and Syria or ISIS) is responsible for
    genocide, crimes against humanity, and other atrocity crimes
    against religious and ethnic minority groups in Iraq and Syria,
    including Christians, Yezidis, and Shia, among other religious
    and ethnic groups.
    (2) 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 2017; and
    (B) the number of Yezidis living in Iraq has
    fluctuated from 500,000 in 2013, to between 350,000 and
    400,000 in 2016, and between 600,000 and 750,000 in
    2017.
    (3) The annual reports on international religious freedom
    further 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) there was a population of approximately 80,000
    Yezidis before the commencement of the conflict in
    Syria.
    (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
    predominantly private funds to provide assistance to internally
    displaced Christians, Yezidis, and Muslims throughout the
    greater Erbil region, while significant needs and diminishing
    resources have made it increasingly difficult to continue these
    efforts.

    [[Page 4391]]

    SEC. 3. 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 the Judiciary of the Senate;
    (C) the Committee on Homeland Security and
    Governmental Affairs of the Senate;
    (D) the Committee on Appropriations of the Senate;
    (E) the Select Committee on Intelligence of the
    Senate;
    (F) the Committee on Foreign Affairs of the House of
    Representatives;
    (G) the Committee on the Judiciary of the House of
    Representatives;
    (H) the Committee on Homeland Security of the House
    of Representatives;
    (I) the Committee on Appropriations of the House of
    Representatives; and
    (J) the Permanent Select Committee on Intelligence
    of the House of Representatives.
    (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, psychosocial needs, and
    other assistance to address basic human needs, including
    stabilization assistance (as defined by the Stabilization
    Assistance Review in ``A Framework for Maximizing the
    Effectiveness of U.S. Government Efforts to Stabilize Conflict-
    Affected Areas, 2018).
    (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 in
    and 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 the Secretary of State declared
    were targeted for genocide, crimes against humanity, or war crimes, and
    have been identified as being at risk of persecution, forced migration,
    genocide, crimes against humanity, or war crimes.

    [[Page 4392]]

    SEC. 5. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ FOR 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 address genocide, crimes against humanity, or
    war crimes, and their constituent crimes by ISIS in Iraq by--
    (1) conducting criminal investigations;
    (2) developing indigenous investigative and judicial skills,
    including by partnering, directly mentoring, and providing
    necessary equipment and infrastructure to effectively
    adjudicating cases consistent with due process and respect for
    the rule of law; and
    (3) collecting and preserving 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 information in appropriate security databases
    and security screening procedures of such countries to identify
    suspected ISIS members for whom credible evidence exists of
    having committed genocide, crimes against humanity, or war
    crimes, and their constituent crimes, in Iraq; and
    (2) to apprehend and prosecute such ISIS members for
    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--
    (1) threats of persecution and other early-warning
    indicators of genocide, crimes against humanity, and war crimes
    against individuals who are or were nationals and residents of
    Iraq or Syria, are members of religious or ethnic minority
    groups in such countries, and against whom the Secretary of
    State has determined ISIS has committed genocide, crimes against
    humanity, or war crimes;
    (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;

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    (3)(A) 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--
    (i) to address the humanitarian, stabilization, and
    recovery needs of such individuals; and
    (ii) to mitigate the risks of forced migration of
    such individuals; and
    (B) assistance provided through the Funding Facility for
    Immediate Stabilization and Funding Facility for Expanded
    Stabilization; and
    (4) to the extent practicable and appropriate--
    (A) 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
    (B) the extent to which the United States is
    providing assistance to or through the entities referred
    to in subparagraph (A).

    (b) Additional Consultation.--In carrying out subsection (a), the
    Secretary of State shall consult with, and consider credible information
    from--
    (1) individuals described in paragraphs (1) and (2) of such
    subsection; and
    (2) the entities described in paragraph (4)(A) 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 the entities described in
    subsection (a)(4)(A).
    SEC. 7. REPORT.

    (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
    ISIS members for whom credible evidence exists of having
    committed genocide, crimes against humanity, or war
    crimes in Iraq, including in domestic courts in Iraq,
    hybrid courts, 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; and
    (3) <>  recommendations for
    legislative remedies and administrative actions to facilitate
    the implementation of this Act.

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    (b) Form.--The report required under subsection (a) shall be
    submitted in unclassified form, but may contain a classified annex, if
    necessary.

    Approved December 11, 2018.

    LEGISLATIVE HISTORY--H.R. 390:
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    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    June 6, considered and passed House.
    Vol. 164 (2018):
    Oct. 11, considered and passed
    Senate, amended.
    Nov. 27, House concurred in Senate
    amendments.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Dec. 11, Presidential remarks and statement.