,i #aaeth ,,congress #ast ,session ,h4 ,r4 #cij ,,in ,,the ,,house ,,of ,,representatives ,january #aj1 #bjag,mr4 ,smith of ,new ,jersey 7for himself1 ,ms4 ,eshoo1 ,mr4 ,meadows1 ,mr4 ,fortenberry1 ,mr4 ,sessions1 ,mr4 ,vargas1 ,mr4 ,lipinski1 ,mr4 ,franks of ,arizona1 ,mr4 ,pittenger1 ,mr4 ,bilirakis1 ,mr4 ,hultgren1 ,mr4 ,weber of ,texas1 ,mr4 ,trott1 ,mr4 ,duffy1 ,mr4 ,jody ,b4 ,hice of ,georgia1 ,ms4 ,slaughter1 and ,mrs4 ,comstock7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for emergency relief to victims of genocide1 crimes against humanity1 and war crimes in ,iraq and ,syria1 to provide accountability for perpetrators of these crimes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,iraq and ,syria ,genocide ,emergency ,relief and ,accountability ,act of #bjag4 #b4 ,findings ,congress finds the following3 7#a7 ,on ,march #ag1 #bjaf1 ,secretary of ,state ,john ,kerry stated1 in my judgment1 ,daesh is responsible for genocide against groups in areas under its control1 including ,yezidis1 ,christians1 and ,shia ,muslims 4 4 4 the ,united ,states will strongly support efforts to collect1 document1 preserve1 and analyze the evidence of atrocities1 and we will do all we can to see that the perpetrators are held accountable4 7#b7 ,secretary of ,state ,kerry stated in the ,atrocities ,prevention ,report1 transmitted to ,congress on ,march #ag1 #bjaf1 ,the ,department of ,state has a longstanding commitment to providing support for the urgent humanitarian needs of conflict-affected populations in ,iraq1 ,syria1 and across the world1 including but not limited to members of ethnic and religious minorities44 7#c7 ,the ,independent ,international ,commission of ,inquiry on the ,syrian ,arab ,republic stated in its ,february #c1 #bjaf1 report1 ,the ,government has committed the crimes against humanity of extermination1 murder1 rape or other forms of sexual violence1 torture1 imprisonment1 enforced disappearance and other inhuman acts4 ,based on the same conduct1 war crimes have also been committed4 ,both ,jabhat ,al-,nusra and some anti-,government armed groups have committed the war crimes of murder1 cruel treatment1 and torture44 7#d7 ,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 ,iraq1 including with funding support from the ,department of ,state4 7#e7 ,there were an estimated #hjj1jjj to #a1djj1jjj ,christians in ,iraq in #bjjb1 #ejj1jjj in #bjac1 and less than #bej1jjj in #bjae1 according to the annual ,international ,religious ,freedom ,reports of the ,department of ,state4 7#f7 ,although ,christians were an estimated eight to #aj percent of the #ba1jjj1jjj person population of ,syria in #bjaj1 8media and other reports of ,christians fleeing the country as a result of the civil war suggest the ,christian population is now considerably lower0 as of #bjae1 according to the annual ,international ,religious ,freedom ,reports of the ,department of ,state4 7#g7 ,the ,chaldean ,catholic ,archdiocese of ,erbil 7,iraq7 is an example of an entity that has not received funding from any government and has been providing assistance to internally displaced families of ,yezidis1 ,muslims1 and ,christians1 including food1 resettlement from tents to permanent housing1 and rent for ,yezidis1 medical care and education for ,yezidis and ,muslims through clinics1 schools1 and a university that are open to all1 and some form of these types of assistance to all of the estimated #aj1ejj internally displaced ,christian families1 more than #gj1jjj people1 in the greater ,erbil region4 7#h7 ,in fiscal year #bjae1 the ,united ,states ,government admitted to the ,united ,states through the ,united ,states ,refugee ,admissions ,program persons from ,priority #b groups of special humanitarian concern1 as designated by ,congress1 including-- 7,a7 ,jews1 ,evangelical ,christians1 ,ukrainian ,catholics1 and ,ukrainian ,orthodox1 from the former ,soviet ,union2 7,b7 ,iraqis at risk because they were1 or are1 employed in ,iraq by the ,united ,states ,government1 a media or nongovernmental organization headquartered in the ,united ,states1 or an organization or entity that received funding from the ,united ,states ,government1 or are related to someone who is1 or was1 so employed2 7,c7 religious minorities in ,iran2 and 7,d7 members of other groups designated by the ,united ,states ,government1 including-- 7i7 former political prisoners1 active members of persecuted religious minorities1 human rights activists1 and forced labor conscripts in ,cuba2 7ii7 minors in ,honduras1 ,el ,salvador1 and ,guatemala2 7iii7 ethnic minorities from ,burma in ,malaysia2 7iv7 ,bhutanese in ,nepal2 and 7v7 ,congolese in ,rwanda4 7#i7 ,through the ,united ,states ,refugee ,admissions ,program1 the ,united ,states ,government-- 7,a7 admitted #ab1fgf ,iraqi refugees in fiscal year #bjae1 including at least #b1aac ,christians and #bac ,yezidis2 7,b7 admitted #i1hhj ,iraqi refugees in fiscal year #bjaf1 including at least #a1ebd ,christians and #cic ,yezidis2 7,c7 admitted #a1fhb ,syrian refugees in fiscal year #bjae1 including at least #cj ,christians2 and 7,d7 admitted #ab1ehg ,syrian refugees in fiscal year #bjaf1 including at least #fd ,christians and #bd ,yezidis4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations1 the ,committee on the ,judiciary1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#b7 ,capacity-building ,the term capacity-building1 with respect to cases of genocide1 crimes against humanity1 war crimes1 and terrorism in ,iraq or ,syria1 means developing domestic skills to efficiently adjudicate such cases1 consistent with due process and respect for the rule of law1 through the use of experts in international criminal investigations and experts in international criminal law to partner with1 mentor1 provide technical advice for1 formally train1 and provide equipment and infrastructure where necessary and appropriate to1 investigators and judicial personnel in ,iraq1 including the ,kurdistan region of ,iraq1 and domestic investigators and lawyers in ,syria4 7#c7 ,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 #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a774 7#d7 ,humanitarian1 stabilization1 and recovery needs ,the term humanitarian1 stabilization1 and recovery needs1 with respect to an individual1 includes water1 sanitation1 hygiene1 food security and nutrition1 shelter and housing1 medical1 education1 and psychosocial needs4 7#e7 ,hybrid court ,the term hybrid court means a court with a combination of domestic and international lawyers1 judges1 and personnel4 7#f7 ,internationalized domestic court ,the term internationalized domestic court means a domestic court with the support of international advisers4 #d4 ,actions to promote accountability in ,iraq and ,syria 7a7 ,assistance ,to support certain entities 7#a7 ,in general ,the ,secretary of ,state1 acting through the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor1 the ,assistant ,secretary for ,international ,narcotics and ,law ,enforcement ,affairs1 and ,administrator of the ,united ,states ,agency for ,international ,development1 shall provide assistance1 including financial assistance1 to support entities that are taking the actions described in paragraph 7#b7 with respect to individuals who are suspected to have committed genocide1 crimes against humanity1 or war crimes in ,iraq since ,january #bjad or ,syria since ,march #bjaa4 7#b7 ,actions described ,the actions described in this paragraph are the following3 7,a7 ,conducting criminal investigations4 7,b7 ,developing investigative and judicial capacities4 7,c7 ,collecting evidence4 7,d7 ,preserving the chain of evidence for prosecution in domestic courts1 hybrid courts1 and internationalized domestic courts4 7,e7 ,capacity-building4 7#c7 ,availability of amounts ,amounts authorized to be appropriated or otherwise made available for programs1 projects1 and activities carried out by the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor and the ,assistant ,secretary for ,international ,narcotics and ,law ,enforcement ,affairs are authorized to be made available to carry out this subsection4 7b7 ,actions by foreign governments ,the ,secretary of ,state1 in consultation with the ,attorney ,general1 the ,secretary of ,homeland ,security1 and the ,director of the ,federal ,bureau of ,investigation1 shall seek to encourage governments of foreign countries-- 7#a7 to include in appropriate security databases and security screening procedures of such countries information to identify individuals who are suspected to have committed genocide1 crimes against humanity1 or war crimes in ,iraq since ,january #bjad or ,syria since ,march #bjaa1 including individuals who are suspected to be members of foreign terrorist organizations operating within ,iraq or ,syria2 and 7#b7 to prosecute such individuals for genocide1 crimes against humanity1 or war crimes1 as appropriate4 7c7 ,review of certain criminal statutes ,the ,attorney ,general1 in consultation with the ,secretary of ,state1 shall conduct a review of existing criminal statutes concerning genocide1 crimes against humanity1 and war crimes to determine the following3 7#a7 ,the extent to which ,united ,states courts are currently authorized by statute to exercise jurisdiction over such crimes where the direct perpetrators1 accomplices1 or victims are ,united ,states nationals1 ,united ,states residents1 or persons physically present in the territory of the ,united ,states either during the commission of the crime or subsequent to the commission of the crime4 7#b7 ,what statutes are currently in effect that would apply to conduct constituting war crimes or crimes against humanity1 and whether those statutes provide for extraterritorial jurisdiction1 what the statute of limitations for offenses under such statutes are1 what penalties apply under such statutes1 and whether offenders would be subject to extradition or mutual legal assistance treaties4 7#c7 ,the extent to which the absence of criminal statutes defining the crimes1 or granting jurisdiction1 would impede the prosecution of genocide1 crimes against humanity1 and war crimes in ,united ,states courts1 including when ,united ,states military forces capture persons outside the ,united ,states known to have committed such crimes in a third country that is either unable or unwilling to prosecute the crimes4 7#d7 ,whether additional statutory authorities are necessary to prosecute a ,united ,states person or a foreign person within the territory of the ,united ,states for genocide1 crimes against humanity1 and war crimes4 7d7 ,consultation ,in carrying out subsection 7a71 the ,secretary of ,state shall consult with and consider credible information from entities described in paragraph 7#a7 and paragraph 7#b7 of such subsection4 7e7 ,sense of congress ,it is the sense of ,congress that an appropriate amount of the additional amount made available under the heading ,economic ,support ,fund in title ,,ii of division ,b of the ,further ,continuing and ,security ,assistance ,appropriations ,act1 #bjag 7,public ,law #aad-bed7 should be made available to carry out subsection 7a74 #e4 ,identification of and assistance to address humanitarian1 stabilization1 and recovery needs of certain persons in ,iraq and ,syria 7a7 ,identification ,the ,secretary of ,state1 in consultation with the ,secretary of ,defense1 the ,ambassador at ,large for ,international ,religious ,freedom1 the ,special ,advisor for ,religious ,minorities in the ,near ,east and ,south_/,central ,asia1 the ,assistant ,secretary for ,population1 ,refugees1 and ,migration1 the ,administrator of the ,united ,states ,agency for ,international ,development1 and ,director of ,national ,intelligence1 shall identify the following3 7#a7 ,the threats of persecution and other warning signs of genocide1 crimes against humanity1 and war crimes against individuals-- 7,a7 who are or were nationals and residents of ,iraq or ,syria1 and are members of the religious or ethnic groups that are minorities in ,iraq1 or minorities in ,syria1 and with respect to which the ,secretary of ,state has determined the ,islamic ,state of ,iraq and ,syria 7,,isis7 has committed genocide1 crimes against humanity1 or war crimes in ,iraq or ,syria since ,january #bjad2 or 7,b7 who are members of other religious or ethnic groups that are minorities in ,iraq1 or minorities in ,syria and are identified by the ,secretary of ,state 7or the ,secretary's designee7 as persecuted groups4 7#b7 ,the humanitarian1 stabilization1 and recovery needs of individuals described in paragraph 7#a74 7#c7 ,the religious and ethnic groups that are minorities in ,iraq1 or are minorities in ,syria1 with respect to which the ,secretary of ,state has determined ,,isis has committed genocide1 crimes against humanity1 or war crimes in ,iraq or ,syria since ,january #bjad1 or are other religious or ethnic groups that are minorities in ,iraq1 or are minorities in ,syria1 identified by the ,secretary of ,state 7or the ,secretary's designee7 as a persecuted group1 and are at risk of forced migration1 within or across the borders of ,iraq1 or ,syria1 or a country of first asylum1 and the primary reasons for such risk4 7#d7 ,the assistance provided by the ,united ,states to address humanitarian1 stabilization1 and recovery needs of individuals described in paragraph 7#a7 and groups described in paragraph 7#c71 including assistance to mitigate the risks of forced migration of such persons and groups from ,iraq or ,syria4 7#e7 ,the mechanisms of the ,united ,states ,government to identify1 assess1 and respond to humanitarian1 stabilization1 and recovery needs1 and risks of forced migration1 of individuals described in paragraph 7#a7 and groups described in paragraph 7#c74 7#f7 ,the assistance provided by or through the ,united ,nations1 including the ,funding ,facility for ,immediate ,stabilization and ,funding ,facility for ,expanded ,stabilization1 to address humanitarian1 stabilization1 and recovery needs of individuals described in paragraph 7#a7 and groups described in paragraph 7#c71 including assistance to mitigate the risks of forced migration of such individuals and groups within or across the borders of ,iraq1 or ,syria1 or a country of first asylum from ,iraq or ,syria4 7#g7 ,the entities1 including faith-based entities1 that are providing assistance to address humanitarian1 stabilization1 and recovery needs of individuals described in paragraph 7#a7 and groups described in paragraph 7#c74 7#h7 ,if the ,united ,states ,government-- 7,a7 is funding entities described in paragraph 7#g7 for purposes of providing assistance described in such paragraph1 the sources of such funding2 and 7,b7 is not funding entities described in paragraph 7#g7 for purposes of providing assistance described in such paragraph1 a justification for not funding such entities1 including whether funding such entities is prohibited under ,united ,states law4 7b7 ,additional consultation ,in carrying out subsection 7a71 the ,secretary of ,state shall consult with1 and consider credible information from1 individuals described in paragraph 7#a7 of subsection 7a7 and entities described in paragraph 7#g7 of such subsection4 7c7 ,assistance ,the ,secretary of ,state and ,administrator of the ,united ,states ,agency for ,international ,development shall provide assistance1 including cash assistance1 to support entities described in paragraph 7#g7 of subsection 7a7 that the ,secretary and ,administrator determine are effectively providing assistance described in such paragraph1 including entities that have received funding from the ,united ,states ,government for such purposes before the date of the enactment of this ,act4 7d7 ,sense of congress ,it is the sense of ,congress that an appropriate amount of the additional amount made available under the heading ,economic ,support ,fund in title ,,ii of division ,b of the ,further ,continuing and ,security ,assistance ,appropriations ,act1 #bjag 7,public ,law #aad-bed7 should be made available to carry out subsection 7c74 #f4 ,refugee admissions of nationals and residents of ,iraq or ,syria 7a7 ,in general ,aliens who are1 or were1 a national and a resident of ,iraq or ,syria1 and who share common characteristics that identify them as targets of persecution on account of membership in a religious or ethnic minority in that country1 in particular being survivors of genocide1 crimes against humanity1 or war crimes1 or being the surviving spouse or child of an individual who was killed by a perpetrator of such a crime-- 7#a7 are deemed to be of special humanitarian concern to the ,united ,states2 and 7#b7 shall be eligible for ,priority #b processing under the refugee resettlement priority system4 7b7 ,in-,country and out-of-,country processing ,aliens described in subsection 7a7 shall be allowed to apply1 and interview1 for admission to the ,united ,states through refugee processing mechanisms in countries where aliens may apply1 and interview1 for admission to the ,united ,states as refugees4 7c7 ,applicability of other requirements ,aliens who qualify under this section for ,priority #b processing under the refugee resettlement priority system may only be admitted to the ,united ,states after satisfying the requirements of section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 and having cleared a background check and appropriate screening1 as determined by the ,secretary of ,homeland ,security4 7d7 ,waiver of certain grounds of inadmissibility ,in the case of an alien described in subsection 7a71 the ,secretary of ,state1 after consultation with the ,attorney ,general and the ,secretary of ,homeland ,security1 or the ,secretary of ,homeland ,security1 after consultation with the ,secretary of ,state and the ,attorney ,general1 may waive1 in such ,secretary's sole and unreviewable discretion1 paragraph 7#c77;,b7 7other than clause 7i77,,ii77 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 with respect to activities undertaken by such an alien in the course of avoiding or evading persecution by an organization described in section #bab7;a77#c77;,b77vi7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77vi774 7e7 ,categorical eligibility ,the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriations ,act1 #aiij 7,public ,law #aja-afg7 is amended-- 7#a7 in section #eii;,d 7#h ,u4,s4,c4 #aaeg note7-- 7,a7 in subsection 7b77#c71 by striking and #bjaf and inserting #bjaf1 #bjag1 and #bjah2 and 7,b7 in subsection 7e71 by striking #bjaf4 each place it appears and inserting #bjah42 and 7#b7 in section #eii;,e7b77#b7 7#h ,u4,s4,c4 #abee note71 by striking #bjaf1 and inserting #bjah14 7f7 ,rule of construction ,nothing in this section may be construed to lessen the protections under ,united ,states law for bona fide refugees who are not described in this section4 #g4 ,reports 7a7 ,section #d7;a7 and 7b7 report ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on the following3 7#a7 ,a detailed description of the efforts taken1 and efforts proposed to be taken1 by the ,secretary of ,state to implement section #d7;a7 and section #d7;b74 7#b7 ,an assessment of the feasibility and advisability of prosecuting individuals who are suspected to have committed genocide1 crimes against humanity1 or war crimes in ,iraq since ,january #bjad or ,syria since ,march #bjaa in domestic courts in ,iraq1 hybrid courts1 and internationalized domestic courts1 and of the capacity-building1 and other measures1 needed to ensure effective criminal investigations of such individuals4 7b7 ,section #d7;c7 report ,not later than #abj days after the date of the enactment of this ,act1 the ,attorney ,general shall submit to the appropriate congressional committees a report on the following3 7#a7 ,the results of the review conducted under section #d7;c74 7#b7 ,such recommendations for legislative and administrative actions to implement the results of the review as the ,attorney ,general determines appropriate4 7c7 ,sections #e and #f report ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on the following3 7#a7 ,a detailed description of the efforts taken1 and efforts proposed to be taken1 by the ,secretary of ,state to implement section #e4 7#b7 ,a detailed description of the identifications under section #e7;a74 7#c7 ,a detailed description of the efforts taken1 and efforts proposed to be taken1 by the ,secretary of ,state and the ,secretary of ,homeland ,security to implement section #f4 7d7 ,form ,each report required under this section shall be submitted in unclassified form1 but may contain a classified annex if necessary4