No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5095 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5095
To counter efforts to recognize or normalize relations with any
Government of Syria that is led by Bashar al-Assad, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2024
Mr. Cardin introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To counter efforts to recognize or normalize relations with any
Government of Syria that is led by Bashar al-Assad, 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 TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This Act may be cited as the ``Supporting Syrian
Civilians Act'' or the ``Caesar Act 2.0''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short titles; table of contents.
Sec. 2. Modifications to the Caesar Syria Civilian Protection Act.
Sec. 3. Statement of policy regarding the prohibition of recognition of
the Assad regime.
Sec. 4. Interagency strategy to counter normalization with Assad
regime.
Sec. 5. Reports on manipulation of United Nations by the Assad regime
in Syria.
Sec. 6. Briefing before force posture change.
Sec. 7. Economic support funds for Syria.
Sec. 8. Countering Captagon trafficking.
Sec. 9. Briefing on steps to free Austin Tice and repatriate American
remains from Syria.
SEC. 2. MODIFICATIONS TO THE CAESAR SYRIA CIVILIAN PROTECTION ACT.
(a) Caesar Syria Civilian Protection Act.--Section 7412(a) of the
Caesar Syria Civilian Protection Act of 2019 (title LXXIV of the
National Defense Authorization Act for Fiscal Year 2020; 22 U.S.C. 8791
note) is amended--
(1) in paragraph (1), by striking ``the President shall
impose'' and all that follows and inserting the following:
``the President--
``(A) shall impose the sanctions described in
subsection (b) with respect to a foreign person that
the President determines--
``(i) knowingly engages, on or after such
date of enactment, in an activity described in
paragraph (2); or
``(ii) is owned or controlled by a foreign
person described in clause (i); and
``(B) may impose the sanctions described in
subsection (b) with respect to a foreign person that
the Secretary of State determines knowingly provides,
on or after such date of enactment, significant
financial, material, or technological support to a
foreign person engaging in an activity described in any
of subparagraphs (B) through (H) of paragraph (2).'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by amending clause (i) to read as
follows:
``(i) the Government of Syria (including
any entity owned or controlled by the
Government of Syria), a senior political figure
of the Government of Syria, a member of the
People's Assembly of Syria, or a senior foreign
political figure (as defined in section 101.605
of title 31, Code of Federal Regulations) of
the Arab Socialist Ba'ath Party of Syria,
including any such senior foreign political
figure who is a member of the Central Command,
Central Committee, or Auditing and Inspection
Committee of such Party;'';
(ii) in clause (ii), by striking ``; or''
and inserting a semicolon;
(iii) in clause (iii), by striking the
semicolon at the end and inserting ``; or'';
and
(iv) by adding at the end the following:
``(iv) Syria Arab Airlines, Cham Wings, or
any foreign person owned or controlled by Syria
Arab Airlines or Cham Wings;'';
(B) by amending subparagraph (C) to read as
follows:
``(C) knowingly sells or provides aircraft or spare
aircraft parts--
``(i) to the Government of Syria; or
``(ii) on behalf of the Government of Syria
to any foreign person operating in an area
directly or indirectly controlled by the
Government of Syria or foreign forces under the
direction or control of the Government of
Syria;'';
(C) in subparagraph (D), by striking ``or'' at the
end;
(D) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(E) by adding at the end the following:
``(F) purposefully engages in or directs--
``(i) the significant diversion of valuable
goods (including agricultural commodities,
food, medicine, and medical devices) or any
international humanitarian assistance intended
for the people of Syria; or
``(ii) the dealing in the significant
misappropriation of proceeds from the sale or
resale of such significant diverted goods or
international humanitarian assistance, as the
case may be;
``(G) knowingly engages in, or attempts to engage
in, the significant seizure, confiscation, theft, or
expropriation for personal gain or political purposes
of significant property, including real property, in
Syria or owned by a citizen of Syria; or
``(H) knowingly and directly engages in, or
attempts to engage in, a transaction or transactions
for or with seized, confiscated, stolen, or
expropriated property described in subparagraph (G).''.
(b) Report on Caesar Syria Civilian Protection Act of 2019.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Financial Services of the
House of Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 3 years, the Secretary of the Treasury, with the
concurrence of the Secretary of State, shall submit a report to
the appropriate congressional committees describing the
implementation of sanctions under the Caesar Syria Civilian
Protection Act of 2019, as amended by this Act.
(3) Elements.--Each report submitted pursuant to paragraph
(2) shall describe--
(A) all individuals or entities sanctioned under
the authorities granted by the Caesar Syria Civilian
Protection Act of 2019;
(B) all individuals and entities determined to be
eligible for sanction under the authorities granted by
the Caesar Syria Civilian Protection Act of 2019 who
have not yet been sanctioned under such authorities;
(C) all individuals and entities currently under
consideration for sanction under the authorities
granted by the Caesar Syria Civilian Protection Act of
2019; and
(D) the steps taken to explain to financial
institutions sanctions liability under the authorities
granted by the Caesar Syria Civilian Protection Act of
2019 and the date such steps were taken.
(4) Form.--Each report required under paragraph (2) shall
be submitted in an unclassified form, but may contain a
classified annex that is submitted separately from the
unclassified report.
(c) Exceptions.--Section 7432 of the Caesar Syria Civilian
Protection Act of 2019 (22 U.S.C. 8791 note) is amended to read as
follows:
``SEC. 7432. EXCEPTIONS.
``(a) Definitions.--In this section:
``(1) Agricultural commodity.--The term `agricultural
commodity' has the meaning given such term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
``(2) Good.--The term `good' means any article, natural or
manmade substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
``(3) Medical device.--The term `medical device' has the
meaning given the term `device' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
``(4) Medicine.--The term `medicine' has the meaning given
the term `drug' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
``(b) Exception To Comply With United Nations Headquarters
Agreement and Law Enforcement Activities.--Sanctions under this Act
shall not apply with respect to the admission of an alien to the United
States if admitting or paroling such alien into the United States is
necessary--
``(1) 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; or
``(2) to carry out or assist authorized law enforcement
activity in the United States.
``(c) Exception To Comply With Intelligence Activities.--Sanctions
under this Act shall not apply to any activity subject to the reporting
requirements under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) or any authorized intelligence activities of the
United States.
``(d) Humanitarian Assistance.--Sanctions under this Act shall not
apply to--
``(1) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine, medical
devices, or humanitarian assistance, or for other humanitarian
purposes; or
``(2) transactions that are necessary for, or related to,
the activities described in paragraph (1).''.
(d) Extension of Sunset.--Section 7438 of the Caesar Syria Civilian
Protection Act of 2019 is amended by striking ``the date that is 5
years after the date of the enactment of this Act'' and inserting
``December 31, 2028''.
(e) Determinations With Respect to the Syria Trust for
Development.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Financial Services of the
House of Representatives.
(2) Determinations.--Not later than 120 days after the date
of the enactment of this Act, the President shall--
(A) determine whether the nonprofit organization
chaired by Asma Al-Assad, the First Lady of Syria,
known as the ``Syria Trust for Development'' meets the
criteria for the imposition of sanctions--
(i) under section 7412(a) of the Caesar
Syria Civilian Protection Act of 2019, as
amended by subsection (a);
(ii) under Executive Order 13894 (84 Fed.
Reg. 55851; relating to blocking property and
suspending entry of certain persons
contributing to the situation in Syria); or
(iii) by nature of being owned or
controlled by a person designated under any
executive order or regulation administered by
the Office of Foreign Assets Control; and
(B) submit to the appropriate congressional
committees each such determination, including a
justification for the determination.
(3) Form.--Each determination required under paragraph
(2)(B) shall be submitted in unclassified form, but the
justification specified in such paragraph may be included in a
classified annex. The unclassified determination shall be made
available on a publicly available website of the Federal
Government.
SEC. 3. STATEMENT OF POLICY REGARDING THE PROHIBITION OF RECOGNITION OF
THE ASSAD REGIME.
It is the policy of the United States--
(1) to not recognize or normalize relations with any
Government of Syria that is led by Bashar al-Assad due to the
Assad regime's ongoing crimes against the Syrian people,
including failure to meet the criteria outlined in section
7431(a) of the Caesar Syria Civilian Protection Act of 2019 (22
U.S.C. 8791 note);
(2) to actively oppose recognition or normalization of
relations by other governments with any Government of Syria
that is led by Bashar Al-Assad, including by fully implementing
the mandatory primary and secondary sanctions in the Caesar
Syria Civilian Protection Act of 2019 and Executive Order 13894
(84 Fed. Reg. 55851; relating to blocking property and
suspending entry of certain persons contributing to the
situation in Syria);
(3) to continue to actively advance the national interests
of the United States in Syria, including--
(A) counterterrorism and counternarcotic
operations;
(B) the provision of humanitarian assistance to the
Syrian people, including earthquake-related early
recovery; and
(C) significant diplomatic efforts towards the
advancement of a political solution to the Syrian
conflict in adherence with United Nations Security
Council Resolution 2254 (2015); and
(4) to take all necessary steps to secure--
(A) the release of Austin Tice and other hostages
and unjustly detained United States nationals within
Syria; and
(B) the repatriation of the remains of United
States nationals killed by the Assad regime or by the
Islamic State in Syria, including Majd Kamalmaz, Kayla
Mueller, James Foley, Peter Kassig, and Steven Sotloff.
SEC. 4. INTERAGENCY STRATEGY TO COUNTER NORMALIZATION WITH ASSAD
REGIME.
(a) Definitions.--In this section:
(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 Banking, Housing, and Urban
Affairs of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Financial Services of the
House of Representatives.
(2) Covered transaction.--The term ``covered transaction''
means a transaction, including an investment, grant, contract,
or donation (including a loan or other extension of credit) by
a foreign person that is a representative, citizen, or entity
incorporated exclusively under the laws of the Republic of
Turkiye, the United Arab Emirates, Egypt, Jordan, Iraq, Oman,
Bahrain, Kuwait, the Kingdom of Saudi Arabia, Tunisia, Algeria,
Morocco, Libya, or Lebanon to a recipient located in any area
of Syria controlled by the Assad regime.
(b) Report Required.--
(1) Submission.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for a period
not to exceed 3 years, the Secretary of State, in consultation
with the Secretary of the Treasury and the heads of other
appropriate Federal departments and agencies, shall submit a
report to the appropriate congressional committees that
describes--
(A) the steps taken or planned to be taken by
foreign governments to normalize or upgrade political,
diplomatic, or economic ties with the regime led by
Bashar al-Assad in Syria (referred to in this Act as
the ``Assad regime''); and
(B) the actions taken by the United States
Government to counter such steps.
(2) Elements.--The report submitted pursuant to paragraph
(1) shall include--
(A) a description of--
(i) violations of international law and
human rights abuses committed by Bashar al-
Assad, the Government of the Russian
Federation, or the Government of Iran; and
(ii) progress made towards achieving
justice for the Syrian people and
accountability for the violators;
(B) a list, including the identification of--
(i) any single covered transaction
exceeding $2,500,000; and
(ii) any combination of covered
transactions by the same source within a 12-
month period that exceed $2,500,000, in the
aggregate;
(C) for each identified single transaction or
aggregate transactions, as the case may be, included in
the list described in subparagraph (B), a determination
of whether such transaction subjects any of the parties
to the transaction to sanctions under the Caesar Syria
Civilian Protection Act of 2019, as amended by section
2;
(D) a description of the steps the United States is
taking to actively deter recognition or normalization
of relations by other governments with the Assad
regime, including specific diplomatic engagements and
the use of economic sanctions authorized by Federal
statutes or implemented through Executive Orders,
including--
(i) the Caesar Syria Civilian Protection
Act of 2019 (22 U.S.C. 8791 note);
(ii) the Syria Accountability and Lebanese
Sovereignty Restoration Act (22 U.S.C. 2151
note);
(iii) the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22
U.S.C. 8501 et seq.);
(iv) Executive Order 13894 (84 Fed. Reg.
55851; relating to blocking property and
suspending entry of certain persons
contributing to the situation in Syria);
(v) the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.);
(vi) the Countering American Adversaries
through Sanctions Act (22 U.S.C. 9401 et seq.);
and
(vii) the Foreign Narcotics Kingpin
Designation Act (title VIII of Public Law 106-
120; 21 U.S.C. 1901 et seq.); and
(E) an assessment of how recognition of, or
normalization of relations with, the Assad regime by
other governments impacts--
(i) the national security of the United
States;
(ii) the material benefits of such
recognition or normalization to the Assad
regime;
(iii) the normalizing government prospects
for the implementation of United Nations
Security Council Resolution 2254;
(iv) prospects for justice and
accountability for war crimes in Syria; and
(v) the benefits derived by the Government
of the Russian Federation or the Government of
Iran.
(c) Temporal Scope.--The initial report required under subsection
(b) shall address the period beginning on January 1, 2022, and ending
on the date of the enactment of this Act. Each subsequent report shall
address the 1-year period immediately following the last day covered by
the most recently submitted report.
(d) Form.--Each report required under subsection (b) shall be
submitted in an unclassified form, but may contain a classified annex.
SEC. 5. REPORTS ON MANIPULATION OF UNITED NATIONS BY THE ASSAD REGIME
IN SYRIA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for a period not to
exceed 5 years, the Secretary of State shall submit a report to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives that describes the
manipulation of the United Nations by the Assad regime, including--
(1) a description of conditions, both explicit and
implicit, set by the Assad regime with respect to United
Nations operations in Syria, including with respect to
implementing partners, hiring practices, allocation of grants
and contracts, and procurement of goods and services;
(2) the identification of officials or employees of the
United Nations (including funds, programs, and specialized
agencies of the United Nations) with ties to the Assad regime,
or persons designated for sanctions by United Nations donor
countries;
(3) an account of access restrictions imposed by the Assad
regime and the overall impact of such restrictions on the
ability of the United Nations to equitably deliver
international assistance to target beneficiaries in areas
outside the control of the Assad regime;
(4) a description of ways in which United Nations aid
directly benefits the Assad regime and its associates;
(5) a description of the due diligence mechanisms and
vetting procedures in place to ensure entities contracted by
the United Nations to ensure goods, supplies, or services
provided to Syria do not have links to the Assad regime, known
human rights abusers, or persons designated for sanctions by
United Nations donor countries;
(6) the identification of entities affiliated with the
Assad regime (including the Syria Trust for Development and the
Syrian Arab Red Crescent), foreign government ministries, and
private corporations owned or controlled by the Assad regime,
which have received United Nations funding, contracts, or
grants or have otherwise entered into a formalized partnership
with the United Nations;
(7) an assessment of how the Assad regime sets arbitrary or
punitive exchange rates to extract funding from the United
Nations, and the total amount extracted by such means; and
(8) a strategy for--
(A) reducing the ability of the Assad regime to
manipulate or otherwise influence the United Nations
and other aid operations in Syria; and
(B) ensuring that United States and international
aid is delivered in a neutral and impartial manner
consistent with basic humanitarian principles.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 6. BRIEFING BEFORE FORCE POSTURE CHANGE.
Not later than 15 days before any decision to withdraw United
States forces from any part of Syria where such forces are being
deployed, the Secretary of Defense and the Secretary of State shall
jointly brief the Committee on Foreign Relations of the Senate, the
Committee on Armed Services of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Armed
Services of the House of Representatives on the likely impacts of such
withdrawal.
SEC. 7. ECONOMIC SUPPORT FUNDS FOR SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the humanitarian situation in areas of northwest Syria
that are not controlled by the Assad regime remains dire, which
is due in large part to ongoing attacks, diversion of cross-
line assistance, and corruption by the Assad regime;
(2) Syrian refugees and their host communities--
(A) are under significant strain due to the
prolonged conflict in Syria; and
(B) require significant assistance from the
international community;
(3) it remains unsafe for Syrian refugees to return to
Syria absent a formal cessation of hostilities and significant
implementation of the principles laid out in United Nations
Security Council Resolution 2254 (2015);
(4) the forced return of Syrian refugees to Syria absent
their consent or the aforementioned conditions violates the
principle of non-refoulement; and
(5) host countries must not forcibly return refugees to
Syria without their consent absent a formal cessation of
hostilities and significant implementation of the principles
laid out in United Nations Security Council Resolution 2254
(2015).
(b) Statement of Policy.--It is the policy of the United States--
(1) to provide humanitarian funding to northwest Syria
outside of mechanisms controlled by the Assad regime;
(2) to maintain basic services for communities in northwest
Syria outside of Assad regime control;
(3) to oppose the refoulement or otherwise forcible return
of Syrian refugees and provide significant assistance to Syrian
refugees and their host communities; and
(4) to work with partners and allies to support the efforts
described in paragraph (1) through (3).
(c) Authorization of Appropriations for Humanitarian Assistance for
Northwest Syria.--There is authorized to be appropriated, in addition
to amounts already appropriated for such purpose, $10,000,000 in
Economic Support Funds for the Syria Civil Defense (commonly known as
the ``White Helmets'').
(d) Report and Strategy on Stabilization Funding for Northwest
Syria.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development, shall submit a report to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives that
assesses--
(A) the feasibility of providing stabilization
funding to areas of northwest Syria that are not under
the control the Assad regime; and
(B) the risks that such funds will be diverted and
steps to counter such risks.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Authorization of Appropriations.--
(1) Stabilization assistance for northwest syria.--
(A) In general.--There is authorized to be
appropriated $20,000,000 in Economic Support Funds for
stabilization funding in areas of northwest Syria that
are not under the control of the Assad Regime.
(B) Briefing required.--None of the funds
appropriated pursuant to subparagraph (A) may be
expended until a senior official of the Department of
State provides a briefing regarding such expenditure
to--
(i) the Committee on Foreign Relations of
the Senate;
(ii) the Committee on Appropriations of the
Senate;
(iii) the Committee on Foreign Affairs of
the House of Representatives; and
(iv) the Committee on Appropriations of the
House of Representatives.
(2) Funds for syrian refugees and host communities.--There
is authorized to be appropriated $50,000,000 in Economic
Support Funds to support Syrian refugees and host communities
in the Middle East and North Africa.
SEC. 8. COUNTERING CAPTAGON TRAFFICKING.
(a) Report on Strategy Implementation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 3 years, the Secretary of State shall submit a report
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
describing the implementation of the strategy submitted by the
Secretary of State pursuant to section 1238(c) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263).
(2) Elements.--Each report required under paragraph (1)
shall include--
(A) the amount of funds obligated for the previous
fiscal year in support of the strategy referred to in
such paragraph; and
(B) a description of how such funds have supported
each of the elements described in such strategy.
(3) Form.--Each report required under paragraph (1) shall
be submitted in an unclassified form, but may contain a
classified annex that is transmitted separately from the
unclassified report.
(b) Authorization of Appropriations.--There is authorized to be
appropriated, in addition to any funds already appropriated for such
purpose, $10,000,000 from the International Narcotics Control and Law
Enforcement (INCLE) account to counter the production and trafficking
of Captagon in the Middle East and North Africa, especially such
trafficking carried out by the Assad Regime and Hezbollah.
SEC. 9. BRIEFING ON STEPS TO FREE AUSTIN TICE AND REPATRIATE AMERICAN
REMAINS FROM SYRIA.
(a) Findings.--Congress finds the following:
(1) Austin Tice, an American journalist, was kidnaped on
August 14, 2012.
(2) Majd Kamalmaz, an American psychotherapist, was
detained by the Assad regime in February 2017, and subsequently
murdered in captivity by the Assad regime.
(3) Kayla Mueller and Peter Kassig, 2 American aid workers,
and James Foley and Steven Sotloff, 2 American journalists,
were all United States citizens who were murdered in Syria
while being held in captivity by the Islamic State.
(b) Sense of Congress.--It is the Sense of Congress that the United
States Government should take all necessary steps--
(1) to secure the release of Austin Tice and other
Americans unjustly detained in Syria; and
(2) to secure the return of the remains of Majd Kamalmaz,
Kayla Mueller, James Foley, Peter Kassig, and Steven Sotloff.
(c) Briefing Required.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter for the following 5
years, the President shall provide a briefing to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives regarding--
(1) efforts by the United States Government--
(A) to secure the release of Austin Tice and other
unjustly detained Americans in Syria; and
(B) to secure the return of the remains of Majd
Kamalmaz, Kayla Mueller, James Foley, Peter Kassig,
Steven Sotloff, and other United States nationals
killed in captivity in Syria; and
(2) the steps the United States Government is taking to
keep the families of such persons informed of its efforts to
secure the release of such persons or the return of their
remains.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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