[115th Congress Public Law 300]
[From the U.S. Government Publishing Office]
[[Page 4389]]
IRAQ AND SYRIA GENOCIDE RELIEF AND
ACCOUNTABILITY ACT OF 2018
[[Page 132 STAT. 4390]]
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. <<NOTE: Dec. 11, 2018 - [H.R. 390]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Iraq and Syria
Genocide Relief and Accountability Act of 2018. 22 USC 2656 note.>>
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 132 STAT. 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 132 STAT. 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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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;
[[Page 132 STAT. 4393]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> recommendations for
legislative remedies and administrative actions to facilitate
the implementation of this Act.
[[Page 132 STAT. 4394]]
(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.
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