Promoting American National Security and Preventing the Resurgence of ISIS Act of 2019
This bill requires the Department of State to develop a strategy to prevent the resurgence of the Islamic State of Iraq and Syria (ISIS), authorizes humanitarian assistance for Syrian civilians, restricts arms sales to Turkey, and imposes sanctions against Turkey and Russia.
As part of the strategy to prevent the resurgence of ISIS, the bill requires the State Department to report on (1) the Turkish incursion into Syria; (2) Turkey's participation in the North Atlantic Treaty Organization; (3) the estimated net worth of Turkish President Recep Tayyip Erdogan; and (4) foreign persons determined to have knowingly provided defense articles, services, or technology to Turkey that could be used in its operations in Syria. Further, the State Department must brief Congress on Russian and Iranian influence in Syria, U.S. activities to counter such influence, and the ability of ISIS to reconstitute.
The President must oppose loans to Turkey from international finance institutions and impose sanctions against identified foreign persons that provided Turkey with defense articles, services, or technology for its operations in Syria. The bill also authorizes the President to provide humanitarian assistance to the people of Syria, and it requires the State Department to give priority designation to certain Syrian Kurds as refugees of special humanitarian concern.
Additionally, the bill prohibits the sale of arms to Turkey for its operations in Syria, and it imposes sanctions against persons providing arms to Turkish forces in Syria. It also imposes sanctions against senior Turkish government officials, financial institutions that facilitate transactions for Turkish Armed Forces, and Russian persons supporting the Assad regime.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2641 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2641
To promote United States national security and prevent the resurgence
of ISIS, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 17, 2019
Mr. Risch (for himself, Mr. Menendez, Mr. Rubio, Mr. Jones, Mr.
Gardner, and Mr. Barrasso) introduced the following bill; which was
read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To promote United States national security and prevent the resurgence
of ISIS, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting American
National Security and Preventing the Resurgence of ISIS Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROMOTING STABILITY IN SYRIA
Sec. 101. Appropriate congressional committees defined.
Sec. 102. Findings.
Sec. 103. Sense of Congress.
Sec. 104. Strategy to prevent the resurgence of the Islamic State of
Iraq and Al-Sham (ISIS) and its affiliates.
Sec. 105. Briefings on Turkish incursion into Northeast Syria.
Sec. 106. Humanitarian assistance to the people of Syria.
Sec. 107. Report on accountability for violations of international law,
including war crimes, and other harm to
civilians in Syria during the Turkish
incursion.
Sec. 108. Restriction on arms sales to Turkey.
Sec. 109. Opposition to loans from international financial institutions
that benefit the Government of Turkey.
Sec. 110. Statement of policy on denouncing targeting of Kurdish
minority at the United Nations.
Sec. 111. Participation of Turkey in NATO.
Sec. 112. Report on net worth of President Recep Tayyip Erdogan.
TITLE II--KURDISH REFUGEE CRISIS IN SYRIA
Sec. 201. Findings.
Sec. 202. United States refugee program priorities.
TITLE III--SANCTIONS
Sec. 301. Definitions.
Sec. 302. Imposition of sanctions with respect to senior officials of
the Government of Turkey.
Sec. 303. Imposition of sanctions with respect to foreign persons
providing arms to Turkish forces in Syria.
Sec. 304. Imposition of sanctions with respect to financial
institutions that facilitate transactions
for Turkish Armed Forces.
Sec. 305. Imposition of CAATSA section 231 sanctions against Turkey.
Sec. 306. Imposition of sanctions with respect to support by the
Russian Federation for the Assad regime.
Sec. 307. Sanctions described.
Sec. 308. Implementation; regulations; penalties.
TITLE IV--TERMINATION PROVISIONS
Sec. 401. Appropriate congressional committees defined.
Sec. 402. Termination of certain requirements.
Sec. 403. Humanitarian waiver.
Sec. 404. Sunset.
TITLE I--PROMOTING STABILITY IN SYRIA
SEC. 101. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
SEC. 102. FINDINGS.
Congress makes the following findings:
(1) The Syrian Democratic Forces (SDF) have fought on the
frontlines against the Islamic State of Iraq and al-Sham
(ISIS), in close partnership with the United States and United
States allies.
(2) While territorial gains have been made, the Department
of Defense, as of August 2019, estimates that ISIS likely
retains between 14,000 and 18,000 ``members'' in Iraq and
Syria, including up to 3,000 foreigners.
(3) Since 2015, the United States Government has deployed
members of the United States Armed Forces to Syria for the
purpose of the counter-ISIS campaign, in an advise, assist, and
accompany role, working closely with the SDF.
(4) The congressionally mandated Syria Study Group in
September 2019 found, ``Although the United States military
mission in Syria is often lumped together with the Iraq and
Afghanistan missions in the `forever war' category, the Syria
case offers a different, and far less costly, model. A small
United States military footprint, supported by United States
air power and other high-end capabilities, reinforced by a
global coalition of like-minded allies and partners, rallied a
local partner force many times its size to liberate territory
from a terrorist group.''
(5) According to the Department of Defense, as of August
2019, the SDF continued to hold about 10,000 ISIS fighters in
detention centers in Northeast Syria this quarter. Of these,
approximately 2,000 are foreigners from more than 50 countries.
The remaining 8,000 are Iraqi and Syrian.
(6) In August 2019, the United States Government and the
Government of Turkey began implementing a security mechanism to
address legitimate Turkish security concerns along the Turkish
Syrian border in which United States and Turkey established a
Combined Joint Operations Center and the SDF withdrew forces
from certain areas.
(7) On October 9, 2019, Turkish military units began
operations in Syrian territory.
(8) On October 13, 2019, the SDF announced a deal with
President of Syria Bashar al-Assad's regime that would allow
government forces to enter the Kurdish-controlled areas of
Northeast Syria for the first time in years.
(9) On October 14, 2019, the governing coalition of the
Kurdish self-administered region in Northeast Syria announced
that they were finalizing a Memorandum of Understanding with
Russia.
(10) On October 14, 2019, the European Union unanimously
announced that it would suspend weapons exports to Turkey in
condemnation of their military action against Syria.
SEC. 103. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States and Turkey have been treaty allies
since 1952, when Turkey became a member of the North Atlantic
Treaty Organization (NATO);
(2) being a NATO member means that Turkey is treaty bound
to safeguard the principles of democracy, individual liberty,
and the rule of law, and importantly, should be united with
other NATO allies in efforts for collective defense and the
preservation of peace and security;
(3) Turkey's military invasion of Northeast Syria is an
unacceptable and unnecessary escalation of tensions with the
potential to cause a severe humanitarian crisis and undo the
collective gains made in the fight against the Islamic State of
Iraq and Syria (ISIS) by the United States and the 81 countries
and organizations of the Global Coalition to Defeat ISIS,
including NATO and the European Union (EU);
(4) Turkey should immediately cease attacks against the
Syrian Democratic Forces (SDF) and recall its forces back to
Turkey;
(5) targeted sanctions against Turkey are an appropriate
response in order for Turkey to be held accountable for its
military offensive in Northeast Syria;
(6) Turkey's military invasion into Northeast Syria is the
latest example of the weakening and problematic United States-
Turkey bilateral relationship and undermines the security of
the United States and its NATO allies, including that of
Turkey;
(7) the SDF have been critical partners to United States
and allied counter-ISIS and broader counterterrorism efforts in
Syria, and the United States should continue this partnership
with the SDF;
(8) the United States Government should utilize diplomatic
and military tools to ensure the enduring defeat of ISIS;
(9) the United States should stand by critical allies and
partners;
(10) Russian and Iranian political and military influence
in Syria present a threat to United States national security
interests; and
(11) the United States Government, in concert with the
international community, should hold accountable members of the
Syrian regime and the Governments of the Russian Federation and
Iran for atrocities against the Syrian people.
SEC. 104. STRATEGY TO PREVENT THE RESURGENCE OF THE ISLAMIC STATE OF
IRAQ AND AL-SHAM (ISIS) AND ITS AFFILIATES.
(a) Strategy Required.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the Secretary of Defense, and the Administrator of the United States
Agency for International Development, in consultation with the heads of
other appropriate Federal agencies, shall jointly develop and submit to
the appropriate congressional committees a strategy to prevent the
resurgence of ISIS in Iraq and Syria.
(b) Elements of the Strategy.--The strategy required under
subsection (a) shall include the following elements:
(1) A summary of the United States national security
interests in Iraq and Syria and the impact a resurgence of ISIS
would have on those interests.
(2) A comprehensive assessment of current training and
support programs by agency or department, specifically focused
on countering ISIS and other terrorist organizations, including
non-lethal assistance, training, and organizational capacity
for the SDF, the Iraqi Security Forces, the Kurdish Peshmerga,
and others to counter gains by ISIS and its affiliates.
(3) A detailed description of United States Government
efforts to support, develop, and expand local governance
structures in areas in Syria previously liberated from ISIS
control.
(4) An estimate of the number of current, active ISIS
members in Iraq and Syria, including an assessment of those
being held in detainee camps or prisons.
(5) A comprehensive plan to address ISIS detainees
currently being held in Syria and Iraq, including--
(A) the designation of an existing official within
the Department of State to serve as a senior-level
coordinator to coordinate, in conjunction with the lead
and other relevant agencies, all matters for the United
States Government relating to the long-term disposition
of ISIS fighter detainees, including all matters in
connection with--
(i) repatriation, transfer, prosecution,
and intelligence gathering;
(ii) coordinating a whole-of-government
approach with other countries and international
organizations, including INTERPOL, to ensure
secure chains of custody and locations of ISIS
foreign terrorist fighter detainees;
(iii) coordinating technical and
evidentiary assistance to foreign countries to
aid in the successful prosecution of ISIS
foreign terrorist fighter detainees; and
(iv) all multilateral and international
engagements led by the Department of State and
other agencies that are related to the current
and future handling, detention, and prosecution
of ISIS foreign terrorist fighter detainees;
and
(B) engagement with international partners on
legal, tenable mechanisms for repatriating foreign
fighters.
(6) A description, which may be in classified form, of ISIS
senior leadership and infrastructure and efforts to target
leadership figures.
(7) A comprehensive description of United States activities
utilizing social media and other communication technologies
strategy to counter ISIS's propaganda, influence, and ability
to recruit fighters domestically and internationally, including
with private technology companies, and how such activities are
being coordinated across the United States Government.
(8) A description of the efforts of the United States
Government, including economic sanctions, to deny financial
resources, including revenues from natural resources
extraction, sale of antiquities, kidnaping, extortion,
taxation, smuggling, access to cash storage sites, and access
to international financial networks, to ISIS and its
affiliates, in conjunction with international partners and
financial institutions.
(9) A description of United States Government efforts to
support credible war crimes prosecutions against ISIS fighters.
(10) A plan to ensure the delivery of humanitarian
assistance.
SEC. 105. BRIEFINGS ON TURKISH INCURSION INTO NORTHEAST SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Russian Federation and Iran continue to exploit a
security vacuum in Syria and continue to pose a threat to vital
United States national security interests; and
(2) continued Turkish military activity inside Syria will
negatively impact the national security interest and regional
stability of the United States.
(b) Briefings Required.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, and every 15 days thereafter, the
Secretary of State, in coordination with the Secretary of
Defense, and the Administrator of the United States Agency for
International Development, in consultation with the heads of
other appropriate Federal agencies, shall jointly brief the
appropriate congressional committees on the October 2019
Turkish incursion into Syria, including the impact of the
withdrawal of United States troops from Northeast Syria.
(2) Elements of the briefing.--The briefing required under
paragraph (1) shall include the following elements:
(A) A description of the impact of the incursion on
the ability of ISIS to reconstitute a physical
caliphate.
(B) A description of the impact of the incursion on
the Russian Federation's military and political
influence in Syria.
(C) A description of the impact of the incursion on
Iran's ability to increase its military and political
influence in Syria.
(D) A comprehensive assessment of the United States
Government's activities to counter Iranian and Russian
influence in Syria.
(E) An outline of planned joint actions by the
Department of State and the Department of Defense, in
consultation with the heads of other appropriate
Federal agencies, regarding any and all stabilization
funds or activities for Syria and an explanation of how
such funds and activities can contribute to
stabilization in the current environment and without
the limited United States troop presence in Northeast
Syria.
(F) The creation and use by the Government of
Turkey of ``safe zones'' to justify the involuntary or
uninformed return of Syrian refugees from Turkey to
Syrian territory or to justify the forced displacement
of Syrians inside Syria or to prevent Syrians from
seeking international protections.
(G) The role of the Government of Turkey and
Turkish-backed forces in facilitating humanitarian
actors, including international nongovernmental
organizations (INGOs) for cross-border work from Turkey
and in ensuring efficient open supply lines for
humanitarian assistance and personnel through border
crossing points on the Turkey-Syria and Iraq-Syria
borders and facilitating safe passage of humanitarian
assistance to Syrians inside Syria based on need.
(H) The actions of the Government of Turkey and
Turkish-backed forces in the operation of all camps for
families displaced by conflict as civilian facilities
and ensuring that camp residents, in particular women
and children, are treated as civilian victims of
conflict in accordance with international law and
standards.
(I) The actions of the Government of Turkey and
Turkish-backed forces in taking effective measures to
protect civilians and civilian infrastructure,
including health facilities, water-pumping stations,
and restricting use of explosive weapons in populated
areas.
SEC. 106. HUMANITARIAN ASSISTANCE TO THE PEOPLE OF SYRIA.
The President is authorized to provide humanitarian assistance
pursuant to the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public Law 116-6) to
support the people of Syria, both in Syria and displaced in surrounding
countries, in accordance with established international humanitarian
principles.
SEC. 107. REPORT ON ACCOUNTABILITY FOR VIOLATIONS OF INTERNATIONAL LAW,
INCLUDING WAR CRIMES, AND OTHER HARM TO CIVILIANS IN
SYRIA DURING THE TURKISH INCURSION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Turkish and pro-Turkish forces should end all practices
involving arbitrary arrests, enforced disappearances, torture,
arbitrary executions, and other unlawful treatment; and
(2) all stakeholders in the Turkish incursion should reveal
the fate or the location of all persons who have been subjected
to enforced disappearance by such stakeholders.
(b) Report.--
(1) In general.--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 that
describes the causes and consequences of civilian harm
occurring during the Turkish incursion into Northeast Syria,
including violations of the law of armed conflict, and gross
violations of human rights as a result of the actions of all
parties to the conflict.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of civilian harm occurring in the
context of the Turkish incursion, including--
(i) mass casualty incidents; and
(ii) damage to, and destruction of,
civilian infrastructure and services,
including--
(I) hospitals and other medical
facilities;
(II) electrical grids;
(III) water systems; and
(IV) other critical infrastructure.
(B) A description of violations of the law of armed
conflict committed during the Turkish incursion into
Northeast Syria by all forces involved in the Turkish-
led coalition and all forces fighting on its behalf and
by any other combatants in the conflict, including--
(i) alleged war crimes;
(ii) specific instances of failure by the
parties to the conflict to exercise
distinction, proportionality, and precaution in
the use force in accordance with the law of
armed conflict;
(iii) arbitrary denials of humanitarian
access and the resulting impact on the
alleviation of human suffering;
(iv) extra-judicial executions and
detention-related abuses; and
(v) other acts that may constitute
violations of the law of armed conflict.
(C) Recommendations for establishing accountability
mechanisms for the civilian harm, war crimes, other
violations of the law of armed conflict, and gross
violations of human rights perpetrated by Turkish and
pro-Turkish forces Syria, including the potential for
prosecuting individuals perpetrating, organizing,
directing, or ordering such violations.
SEC. 108. RESTRICTION ON ARMS SALES TO TURKEY.
(a) Prohibition on Arms Transfers to Turkish Military Units.--No
United States defense articles, services, or technology may be
transferred under the Arms Export Control Act (22 U.S.C. 2751 et seq.)
to Turkey if such articles, services, or technology could be used in
operations by the Turkish Armed Forces in Syria.
(b) Exception.--The prohibition under subsection (a) does not apply
to transfers for ultimate end use by the United States Armed Forces or
in military operations approved by NATO.
(c) No Use of Emergency Authority.--The authority of the President
to waive statutory congressional review periods under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) in cases in which an emergency
exists shall not apply to the transfer of defense articles or services
to Turkey.
SEC. 109. OPPOSITION TO LOANS FROM INTERNATIONAL FINANCIAL INSTITUTIONS
THAT BENEFIT THE GOVERNMENT OF TURKEY.
(a) In General.--The President shall direct the United States
executive director to each international financial institution to use
the voice and vote of the United States to oppose any loan from the
international financial institution that would benefit the Government
of Turkey.
(b) International Financial Institution Defined.--In this section,
the term ``international financial institution'' has the meaning given
that term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
SEC. 110. STATEMENT OF POLICY ON DENOUNCING TARGETING OF KURDISH
MINORITY AT THE UNITED NATIONS.
It is the policy of the United States to use the voice and vote of
the United States at the United Nations--
(1) to denounce the targeting of the Kurdish minority in
Northeast Syria; and
(2) to in no way support activities of the Government of
Turkey targeting the Kurdish community in Syria.
SEC. 111. PARTICIPATION OF TURKEY IN NATO.
(a) Findings.--Congress makes the following findings:
(1) Article 1 of the North Atlantic Treaty, signed at
Washington April 4, 1949, states, ``The Parties undertake, as
set forth in the Charter of the United Nations, to settle any
international dispute in which they may be involved by peaceful
means in such a manner that international peace and security
and justice are not endangered, and to refrain in their
international relations from the threat or use of force in any
manner inconsistent with the purposes of the United Nations.''
(2) Turkey has invaded Northeast Syria with the intention
of targeting the Kurdish minority in the country, in a manner
inconsistent with article 1 of the North Atlantic Treaty.
(b) Department of State Report on Participation of Turkey in
NATO.--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 that includes the following elements:
(1) An assessment of the historical contributions made by
Turkey to the NATO alliance since it became a member in 1952.
(2) An assessment of the impact of Turkey's October 2019
incursion into Northeast Syria for the national security of its
NATO allies.
(3) An assessment of Turkey's role in the alliance and the
future prospects for Turkey to fully embrace and implement all
14 articles of the North Atlantic Treaty.
SEC. 112. REPORT ON NET WORTH OF PRESIDENT RECEP TAYYIP ERDOGAN.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the Secretary of the
Treasury and the Director of National Intelligence, shall submit to the
appropriate congressional committees a report on the estimated net
worth and known sources of income of Turkish President Recep Tayyip
Erdogan and his family members (including spouse, children, parents,
and siblings), including assets, investments, other business interests,
and relevant beneficial ownership information.
TITLE II--KURDISH REFUGEE CRISIS IN SYRIA
SEC. 201. FINDINGS.
Congress makes the following findings:
(1) According to the United Nations Office for the
Coordination of Humanitarian Affairs, more than 160,000 Syrian
Kurdish civilians are internally displaced and more than
400,000 civilians in the Syrian conflict zone will have
significant humanitarian needs in Kurdish-controlled areas of
Northeastern Syria as a result of ongoing Turkish operations
against Syrian Democratic Forces.
(2) Members of the Syrian Democratic Forces have fought on
the front lines against the Islamic State, in partnership and
with the close support of the United States and its allies.
SEC. 202. UNITED STATES REFUGEE PROGRAM PRIORITIES.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall designate, as Priority 2 refugees
of special humanitarian concern--
(1) Syrian Kurds, stateless persons who habitually resided
in Syria, and other Syrians who partnered with, or worked for
or directly with, the United States Government in Syria;
(2) Syrian Kurds, stateless persons who habitually resided
in Syria, and other Syrians who were employed in Syria by--
(A) a media or nongovernmental organization based
in the United States;
(B) an organization or entity that has received a
grant from, or entered into a cooperative agreement or
contract with, the United States Government; or
(C) an organization that--
(i) was continuously physically present in
Northeast Syria between 2011 and the date of
the enactment of this Act; and
(ii) has partnered with an organization
described in subparagraph (A) or (B);
(3) the spouses, children, sons, daughters, siblings, and
parents of aliens described in paragraph (1) or section 204(b);
(4) Syrian Kurds, stateless persons who habitually resided
in Syria, and other Syrians who have an immediate relative (as
defined in section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))) or a family member
described in section 203(a) of such Act (8 U.S.C. 203(a)) who
is physically present in the United States;
(5) Syrian Kurds, stateless persons who habitually resided
in Syria, and other Syrians who were or are employed by the
United States Government in Syria, for an aggregate period of
at least 1 year; and
(6) citizens or nationals of Syria or Iraq, or stateless
persons who habitually resided in Syria or Iraq, who provided
service to United States counter-ISIS efforts for an aggregate
period of at least 1 year.
(b) Eligibility for Admission as a Refugee.--An alien may not be
denied the opportunity to apply for admission as a refugee under this
section solely because such alien qualifies as an immediate relative of
a national of the United States or is eligible for admission to the
United States under any other immigrant classification.
(c) Membership in Certain Syrian Organizations.--An applicant for
admission to the United States may not be deemed inadmissible based on
membership in, or support provided to, the Syrian Democratic Forces.
(d) Exclusion From Numerical Limitations.--Aliens provided refugee
status under this section shall not be counted against any numerical
limitation under section 201, 202, 203, or 207 of the Immigration and
Nationality Act (8 U.S.C. 1151, 1152, 1153, and 1157).
(e) Identification of Other Persecuted Groups.--The Secretary of
State, or the designee of the Secretary, is authorized to classify
other groups of Syrians, including vulnerable populations, as Priority
2 refugees of special humanitarian concern.
(f) Satisfaction of Other Requirements.--Aliens granted status
under this section as Priority 2 refugees of special humanitarian
concern under the refugee resettlement priority system shall be deemed
to satisfy the requirements under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) for admission to the United States.
TITLE III--SANCTIONS
SEC. 301. DEFINITIONS.
In this title:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
regulations prescribed by the Secretary of the Treasury.
(5) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(6) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 302. IMPOSITION OF SANCTIONS WITH RESPECT TO SENIOR OFFICIALS OF
THE GOVERNMENT OF TURKEY.
(a) In General.--On and after the date that is 15 days after the
date of the enactment of this Act, each of the following officials
shall be subject to the same sanctions as a person included on the list
of specially designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the Treasury:
(1) The Minister of National Defense of Turkey.
(2) The Chief of the General Staff of the Turkish Armed
Forces.
(3) The Commander of the 2nd Army of the Turkish Armed
Forces.
(4) The Minister of Treasury and Finance of Turkey.
(b) Sanctions With Respect to Additional Officials.--
(1) List.--Not later than 30 days after the date of the
enactment of this Act, and every 60 days thereafter, the
Secretary of State, in consultation with the Secretary of
Defense and the Director of National Intelligence, shall submit
to the appropriate congressional committees a list of the
following foreign persons:
(A) Senior officials of the Ministry of National
Defense of Turkey involved in the decision to invade
Syria.
(B) Senior officials of the Turkish Armed Forces
leading attacks against the Syrian Democratic Forces.
(C) Officials of the Government of Turkey
significantly facilitating Turkey's military operations
in Syria.
(D) Officials of the Government of Turkey and
members of the Turkish Armed Forces who are responsible
for, are complicit in, have directly or indirectly
engaged in, or have attempted to engage in, any of the
following relating to Turkey's invasion of Northeast
Syria:
(i) A violation of the law of armed
conflict.
(ii) A gross violation of internationally
recognized human rights.
(2) Imposition of sanctions.--On and after the date that is
15 days after the submission of the most recent list required
by paragraph (1), each foreign person identified on the list
shall be subject to the same sanctions as a person included on
the list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the
Department of the Treasury.
SEC. 303. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS
PROVIDING ARMS TO TURKISH FORCES IN SYRIA.
(a) Report Required.--Not later than 30 days after the date of the
enactment of this Act, and every 60 days thereafter and as new
information becomes available, the Secretary of State, in consultation
with the Secretary of Defense and the Director of National
Intelligence, shall submit to the President and the appropriate
congressional committees a list of any foreign persons determined to
have knowingly provided, on or after such date of enactment, defense
articles, services, or technology to Turkey if such articles, services,
or technology could be used in operations by the Turkish Armed Forces
in Syria.
(b) Imposition of Sanctions.--The President shall impose the
sanctions described in section 307 with respect to each foreign person
identified on the list required by subsection (a).
(c) Exception.--The sanctions imposed pursuant to this section
shall not apply to transfers defense articles, services, or technology
for ultimate end use by the United States Armed Forces or in military
operations approved by NATO.
(d) Waiver.--
(1) In general.--The President may waive, on a case-by-case
basis and for a period of not more than 90 days, the imposition
of sanctions under this section with respect to a foreign
person if the President--
(A) determines the waiver is important to the
national security interests of the United States; and
(B) not later than 30 days after making such a
determination, submits to the appropriate congressional
committees a report on the determination.
(2) Renewal of waivers.--The President may, on a case-by-
case basis, renew a waiver under paragraph (1) for an
additional period of not more than 90 days if, not later than
15 days before the waiver expires, the President--
(A) determines the renewal of the waiver is
important to the national security interests of the
United; and
(B) submits to the appropriate congressional
committees a report on the determination.
SEC. 304. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL
INSTITUTIONS THAT FACILITATE TRANSACTIONS FOR TURKISH
ARMED FORCES.
(a) Halk Bankasi or Halkbank.--Not later than 15 days after the
date of enactment of this Act, the following entities shall be subject
to the same sanctions as a person included on the list of specially
designated nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury:
(1) Halk Bankasi;
(2) Halkbank; or
(3) any successor entity to an entity specified in
paragraph (1) or (2).
(b) Additional Financial Institutions.--If the Secretary of State,
in consultation with the Secretary of Defense, the Secretary of
Treasury, and the Director of National Intelligence, determines that
any foreign financial institution (other than a financial institution
specified in subsection (a)), has knowingly facilitated transactions
for the Turkish Armed Forces or the defense industry in Turkey relating
to the military operations of Turkey in Syria, the President shall, not
later than 60 days after that determination, impose the sanctions
described in section 307 with respect to that financial institution.
SEC. 305. IMPOSITION OF CAATSA SECTION 231 SANCTIONS AGAINST TURKEY.
(a) Treatment of Purchase of S-400 Air and Missile Defense System
as Sanctionable Transaction.--For the purposes of section 231 of the
Countering America's Adversaries Through Sanctions Act (22 U.S.C.
9525), Turkey's acquisition of the S-400 air and missile defense system
from the Russian Federation beginning July 12, 2019, shall be
considered to be a significant transaction described in that section.
(b) Imposition of Sanctions.--Not later than 30 days after the date
of the enactment of this Act, the President shall impose 5 or more of
the sanctions described in section 235 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to the
Government of Turkey.
SEC. 306. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT BY THE
RUSSIAN FEDERATION FOR THE ASSAD REGIME.
(a) List Required.--Not later than 30 days after the date of the
enactment of this Act, and every 60 days thereafter, the Secretary of
State, in consultation with the Secretary of Defense and the Director
of National Intelligence, shall submit to appropriate congressional
committees a list of each Russian person that, on or after such date of
enactment, knowingly exports, transfers, or otherwise provides to Syria
significant financial, material, or technological support that
contributes materially to the ability of the Government of Syria to
acquire defense articles, defense services, and related information.
(b) Sanctions.--A Russian person identified on the list required by
subsection (a) shall be subject to the same sanctions as a person
included on the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of the
Department of the Treasury.
(c) Waiver.--
(1) In general.--The President may, on a case-by-case basis
and for renewable periods of not to exceed 60 days, waive the
application of this section with respect to a Russian person if
the President determines and certifies to the appropriate
congressional committees that such a waiver is in the vital
national security interests of the United States.
(2) Certification.--The certification referenced in
paragraph (1) shall include a detailed explanation of the
specific factors upon which the determination was made that a
waiver is in the vital national security interests of the
United States.
(3) Briefing.--Not later than 10 days after the issuance of
a waiver under paragraph (1), and every 90 days thereafter
while the waiver remains in effect, the President shall brief
the appropriate congressional committees on the justification
for the waiver.
(d) Russian Person Defined.--In this section, the term ``Russian
person'' has the meaning given that term in section 256(c) of the
Countering America's Adversaries Through Sanctions Act (22 U.S.C.
9545(c)).
SEC. 307. SANCTIONS DESCRIBED.
The sanctions described in this section are the following:
(1) Asset blocking.--The President shall exercise all of
the powers granted by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (except that the
requirements of section 202 of such Act (50 U.S.C. 1701) shall
not apply) to the extent necessary to block and prohibit all
transactions in all property and interests in property of a
foreign person if such property and interests in property are
in the United States, come within the United States, or are or
come within the possession or control of a United States
person.
(2) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subparagraph (A) is subject to revocation of
any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(C) Exception to comply with united nations
headquarters agreement.--Sanctions under this paragraph
shall not apply to the admission of an alien if such
admission is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between
the United Nations and the United States, or other
applicable international obligations of the United
States.
SEC. 308. IMPLEMENTATION; REGULATIONS; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this title.
(b) Regulations.--The President shall issue such regulations,
licenses, and orders as are necessary to carry out this title.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this title or any
regulation, license, or order issued to carry out this title shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
TITLE IV--TERMINATION PROVISIONS
SEC. 401. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
SEC. 402. TERMINATION OF CERTAIN REQUIREMENTS.
(a) In General.--The restriction under section 108, the requirement
under section 109, and the sanctions imposed under sections 302 and
303, shall terminate if the President determines and submits to the
appropriate congressional committees a finding that--
(1) Turkey has halted attacks against the Syrian Democratic
Forces, Kurdish and Arab civilians, and other religious and
ethnic minority communities in Northeast Syria;
(2) Turkish forces not involved in coordinated operations
with NATO allies or the Global Coalition to Defeat ISIS have
withdrawn from Northeast Syria; and
(3) Turkey is not hindering counterterrorism operations
against ISIS.
(b) Financial Sanctions.--Financial sanctions imposed under section
304 shall terminate if the President determines and submits to the
appropriate congressional committees the finding described in
subsection (a)(1).
SEC. 403. HUMANITARIAN WAIVER.
The President may waive the application of section 302, 303, or 304
for the purpose of providing humanitarian assistance if the President
certifies to the appropriate congressional committees that such a
waiver is important to address a humanitarian need and consistent with
the national security interests of the United States and, not later
than 15 days before issuing such a waiver, the President submits to
such committees a justification relating to such determination.
SEC. 404. SUNSET.
This Act shall terminate on the date that is 3 years after the date
on which sanctions imposed pursuant to this Act have terminated.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported with an amendment favorably.
Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 327.
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