[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1206 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1206

  To strengthen sanctions against the Government of Syria, to enhance 
     multilateral commitment to address the Government of Syria's 
threatening policies, to establish a program to support a transition to 
 a democratically-elected government in Syria, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2009

Ms. Ros-Lehtinen (for herself, Mr. Boehner, Mr. Cantor, Mr. Pence, Mr. 
  McCarthy of California, Mr. McCotter, Mr. Carter, Mr. Hoekstra, Mr. 
  King of New York, Mr. Buyer, Mr. Ryan of Wisconsin, Mr. Blunt, Mrs. 
Blackburn, Mr. Price of Georgia, Mr. Burton of Indiana, Mr. Royce, Mr. 
 Mack, Mr. Wilson of South Carolina, Mr. McCaul, Mr. Poe of Texas, Mr. 
     Bilirakis, Mrs. Myrick, Mr. Shadegg, Ms. Foxx, Mr. Kirk, Mr. 
Frelinghuysen, Mrs. Capito, Mr. Marchant, Mr. Souder, Mr. Conaway, Mr. 
Miller of Florida, Mr. Gohmert, Mr. Linder, Mr. LoBiondo, Mr. Bishop of 
 Utah, Mr. Terry, Mr. Lamborn, Mr. Tiberi, Mr. Buchanan, Mr. Broun of 
Georgia, Mr. Rooney, Mr. Sam Johnson of Texas, Mr. Lincoln Diaz-Balart 
of Florida, and Mr. Sensenbrenner) introduced the following bill; which 
 was referred to the Committee on Foreign Affairs, and in addition to 
  the Committees on Ways and Means, Financial Services, Oversight and 
 Government Reform, and the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To strengthen sanctions against the Government of Syria, to enhance 
     multilateral commitment to address the Government of Syria's 
threatening policies, to establish a program to support a transition to 
 a democratically-elected government in Syria, 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 ``Syria 
Accountability and Liberation Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
      TITLE I--STRENGTHENING UNITED STATES SANCTIONS AGAINST SYRIA

Sec. 101. Declarations of policy.
Sec. 102. Codification of existing sanctions and continuation of 
                            restrictions against the Government of 
                            Syria.
Sec. 103. Sanctions against certain persons.
Sec. 104. Sanctions against certain foreign countries.
          TITLE II--SANCTIONS TARGETING SYRIA'S ENERGY SECTOR

Sec. 201. Imposition of sanctions.
Sec. 202. Advisory opinions.
Sec. 203. Termination of sanctions.
Sec. 204. Duration of sanctions; Presidential waiver.
Sec. 205. Determinations not reviewable.
Sec. 206. Exclusion of certain activities.
              TITLE III--SYRIA NUCLEAR WEAPONS PREVENTION

Sec. 301. Findings.
Sec. 302. Actions within the International Atomic Energy Agency.
Sec. 303. Restrictions on nuclear cooperation with countries assisting 
                            the nuclear program of Syria.
Sec. 304. Exclusion from the United States of senior officials of 
                            foreign persons who have aided the nuclear 
                            program of Syria.
    TITLE IV--DIPLOMATIC EFFORTS TO ISOLATE THE GOVERNMENT OF SYRIA

Sec. 401. Sense of Congress relating to bilateral efforts.
Sec. 402. Opposition to Syria's membership and candidacy for leadership 
                            posts in United Nations institutions.
Sec. 403. Actions at international financial institutions.
Sec. 404. Establishment of United States and regional contact groups.
Sec. 405. Report on assistance to, and commerce with, Syria.
           TITLE V--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA

Sec. 501. Declarations of policy.
Sec. 502. Assistance to support a transition to democracy in Syria.
Sec. 503. Condemnation of Syrian human rights abuses.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Develop; development.--The terms ``develop'', or the 
        ``development'' of, mean, with respect to petroleum resources, 
        the exploration for, or the extraction, refining, or 
        transportation by pipeline of, petroleum resources.
            (3) Goods and technology.--The terms ``goods'' and 
        ``technology'' have the meanings given such terms in section 16 
        of the Export Administration Act of 1979 (50 U.S.C. App. 2415).
            (4) Government of syria.--The term ``Government of Syria'' 
        includes any agency or instrumentality of the Government of 
        Syria, including any entity that is controlled by the 
        Government of Syria.
            (5) Investment.--
                    (A) In general.--The term ``investment'' means any 
                of the following activities if the activity is 
                undertaken pursuant to an agreement, or pursuant to the 
                exercise of rights under such an agreement, that is 
                entered into with the Government of Syria or a 
                nongovernmental entity in Syria on or after the date of 
                the enactment of this Act:
                            (i) The entry into a contract that includes 
                        responsibility for the development of petroleum 
                        resources located in Syria, or the entry into a 
                        contract providing for the general supervision 
                        and guarantee of another person's performance 
                        of such a contract.
                            (ii) The purchase of a share of ownership, 
                        including an equity interest, in that 
                        development.
                            (iii) The entry into a contract providing 
                        for the participation in royalties, earnings, 
                        or profits in that development, without regard 
                        to the form of the participation.
                    (B) Exclusion.--The term ``investment'' does not 
                include the entry into, performance, or financing of a 
                contract to sell or purchase goods, services, or 
                technology.
                    (C) Amendments or modifications.--For purposes of 
                this paragraph, an amendment or other modification that 
                is made, on or after the date of the enactment of this 
                Act, to an agreement or contract shall be treated as 
                the entry into an agreement or contract.
            (6) Person.--The term ``person'' means--
                    (A) a natural person; or
                    (B) a corporation, business association, 
                partnership, society, trust, any other nongovernmental 
                entity, organization, or group, and any governmental 
                entity operating as a business enterprise.
            (7) Petroleum resources.--The term ``petroleum resources'' 
        includes petroleum and natural gas resources.
            (8) United states assistance.--The term ``United States 
        assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2151 et seq.), other than urgent 
                humanitarian assistance or medicine;
                    (B) sales and assistance under the Arms Export 
                Control Act (22 U.S.C. 2751 et seq.);
                    (C) financing by the Commodity Credit Corporation 
                for export sales of agricultural commodities; or
                    (D) financing under the Export-Import Bank Act of 
                1945 (12 U.S.C. 635 et seq.).

      TITLE I--STRENGTHENING UNITED STATES SANCTIONS AGAINST SYRIA

SEC. 101. DECLARATIONS OF POLICY.

    Congress makes the following declarations of policy:
            (1) The actions of the Government of the Syrian Arab 
        Republic, including its support for, and facilitation of, 
        terrorist activities, including inside of Iraq, its development 
        of long-range missiles and weapons of mass destruction programs 
        and capabilities, its continued interference with the internal 
        affairs of the Lebanese Republic in violation of multiple 
        United Nations Security Council resolutions and of its 
        international obligations, and its massive, systematic, and 
        extraordinary violations of human rights of the Syrian people, 
        are a threat to the national security of the United States and 
        international peace.
            (2) The policy of the United States shall be to deny the 
        Government of Syria the ability to carry out the following:
                    (A) To finance, provide safe-haven, or otherwise 
                support terrorist organizations.
                    (B) To develop chemical, biological, radiological, 
                or nuclear weapons and long-range ballistic missiles.
                    (C) To continue to interfere in the affairs of the 
                Government of Lebanon in contravention of multiple 
                United Nations Security Council resolutions and other 
                pertinent obligations.
                    (D) To continue to oppress the people of Syria.
            (3) The President should advocate for, and should instruct 
        the United States Permanent Representative to the United 
        Nations to propose and seek within the United Nations Security 
        Council, a mandatory international embargo against the 
        Government of Syria, pursuant to Article 41 of the Charter of 
        the United Nations.
            (4) Any effort by a country that is a recipient of United 
        States assistance to facilitate, directly or indirectly, the 
        development of Syria's chemical, biological, radiological, or 
        nuclear weapons capabilities, long-range ballistic missile 
        development programs, or to help make operational any nuclear 
        facility in Syria will have a detrimental impact on United 
        States assistance to, or commercial and financial relations 
        with, such country.

SEC. 102. CODIFICATION OF EXISTING SANCTIONS AND CONTINUATION OF 
              RESTRICTIONS AGAINST THE GOVERNMENT OF SYRIA.

    (a) Restrictions Relating to Certain Provisions of Law.--
Restrictions against the Government of Syria, and on persons by reason 
of their direction of, or contribution to, activities of the Government 
of Syria, that were imposed pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.), the Syria Accountability 
and Lebanese Sovereignty Restoration Act of 2003 (Public Law 108-175), 
the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 
note), or any similar provision of law, as in effect on the date of the 
enactment of this Act, including the restrictions imposed under 
Executive Order 12938 (as amended by Executive Order 13094), Executive 
Order 13338, Executive Order 13399, Executive Order 13460, and any 
similar Executive Order, shall remain in effect and may not be lifted 
pursuant to such provisions of law until the President certifies to the 
appropriate congressional committees that the Government of Syria--
            (1) has ceased all support for terrorism, including by 
        meeting the requirements of paragraphs (2), (3), and (4) of 
        subsection (b), and has not provided such support during the 
        preceding 5-year period and has not been determined by the 
        Secretary of State, for the purposes of section 6(j) of the 
        Export Administration Act of 1979, section 620A of the Foreign 
        Assistance Act of 1961, section 40 of the Arms Export Control 
        Act, or any other provision of law, to be a government that has 
        repeatedly provided support for acts of international terrorism 
        at any time during such 5-year period;
            (2)(A) has permanently dismantled Syria's chemical, 
        biological, radiological, and nuclear weapons programs;
            (B) has ceased all efforts to design, develop, manufacture, 
        or acquire--
                    (i) a nuclear explosive device or related materials 
                and technology;
                    (ii) chemical, biological, and radiological 
                weapons; and
                    (iii) ballistic missiles and ballistic missile 
                launch technology; and
            (C) has taken demonstrable steps to combat the 
        proliferation of such weapons;
            (3) does not pose a threat to United States national 
        security, United States interests, and United States allies in 
        the region;
            (4) respects the boundaries, sovereignty, and right to 
        exist of all neighboring countries; and
            (5) upholds and defends the human rights and civil 
        liberties of its people.
    (b) Restrictions Relating to State Sponsor of Terrorism 
Determination.--Restrictions against the Government of Syria that were 
imposed by reason of a determination by the Secretary of State that the 
Government of Syria, for purposes of section 6(j) of the Export 
Administration Act of 1979 (as continued in effect pursuant to the 
International Emergency Economic Powers Act), section 40 of the Arms 
Export Control Act, section 620A of the Foreign Assistance Act of 1961, 
or other provision of law, is a government that has repeatedly provided 
support for acts of international terrorism, shall remain in effect, 
and shall not be lifted pursuant to such provisions of law, unless the 
President certifies to the appropriate congressional committees that 
the Government of Syria--
            (1) is not engaged in the illegal transfer of missile or 
        nuclear technology to the Government of North Korea or to any 
        country the government of which the Secretary of State has 
        determined, for purposes of any of the provisions of law 
        specified in the matter preceding this paragraph, is a 
        government that has repeatedly provided support for acts of 
        international terrorism;
            (2) is no longer engaged in training, harboring, supplying, 
        financing, or supporting in any way--
                    (A) Hamas, Hezbollah, Palestinian Islamic Jihad, 
                the Popular Front for the Liberation of Palestine, the 
                Popular Front for the Liberation of Palestine-General 
                Command, the Democratic Front for the Liberation of 
                Palestine, Fatah al-Intifada, or Fatah al-Islam;
                    (B) any other organization designated by the 
                Secretary of State as a foreign terrorist organization 
                in accordance with section 219(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1189(a));
                    (C) any person included on the Annex to Executive 
                Order 13224 (September 23, 2001) and any other person 
                identified under section 1 of that Executive Order 
                whose property and interests in property are blocked by 
                such section (commonly known as a ``specially 
                designated global terrorist'');
                    (D) any person designated under section 3 of 
                Executive Order 13338 (May 13, 2004) or under section 1 
                of Executive Order 13438 (July 17, 2007);
                    (E) the Syrian Social Nationalist Party;
                    (F) any other person or organization contributing 
                to instability in Lebanon or Iraq; and
                    (G) any agency, instrumentality, affiliate, or 
                successor organization of the organizations listed in 
                subparagraphs (A), (B), (C), (D), E), or (F).
            (3) has immediately and unconditionally stopped 
        facilitating transit from Syria to Iraq of individuals, 
        military equipment, and all lethal items, except as authorized 
        by the representative, internationally recognized Government of 
        Iraq; and
            (4) has ceased its support for ``volunteers'' and 
        terrorists who are traveling from and through Syria into Iraq 
        to launch attacks.

SEC. 103. SANCTIONS AGAINST CERTAIN PERSONS.

    (a) Prohibition.--The sanctions described in subsection (b) shall 
be imposed on a person if such person transfers or retransfers goods or 
technology so as to contribute to the efforts by the Government of 
Syria to acquire or develop destabilizing numbers or types of advanced 
conventional weapons, or to acquire, develop, produce, or stockpile 
biological, chemical, radiological, or nuclear weapons or long-range 
ballistic missiles.
    (b) Sanctions.--The sanctions to be imposed on a person pursuant to 
subsection (a) are as follows:
            (1) Procurement sanction.--The United States Government 
        shall not procure, or enter into any contract for the 
        procurement of, any goods or services from such sanctioned 
        person.
            (2) Export sanction.--The United States Government shall 
        not issue any license for any export by or to such sanctioned 
        person.
            (3) Import sanction.--The President shall ban the 
        importation of any article that is a product of such sanctioned 
        person.
    (c) Persons Against Whom Sanctions Are To Be Imposed.--The 
sanctions described in subsection (b) shall be imposed on--
            (1) any person the President determines has carried out any 
        of the activities described in subsection (a); and
            (2) any person the President determines--
                    (A) is a successor entity to a person referred to 
                in paragraph (1);
                    (B) is a parent or subsidiary of a person referred 
                to in paragraph (1) if such parent or subsidiary 
                engaged in any of the activities described in 
                subsection (a); or
                    (C) is an affiliate of a person referred to in 
                paragraph (1) if such affiliate engaged in any of the 
                activities described in subsection (a) and if such 
                affiliate is controlled in fact by a person referred to 
                in paragraph (1).

SEC. 104. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

    (a) Prohibition.--The President shall impose on the government of a 
foreign country the sanctions described in paragraphs (1), (2), and (3) 
of subsection (b) and one or more of the sanctions described in 
paragraphs (4), (5), and (6) of subsection (b), and the sanctions 
described in subsection (c), if the President determines that such 
government transfers or retransfers goods or technology, or provides 
assistance, so as to contribute to the efforts by the Government of 
Syria to acquire or develop destabilizing numbers and types of advanced 
conventional weapons, or to acquire, develop, produce, or stockpile 
chemical, biological, radiological, or nuclear weapons and long-range 
ballistic missiles.
    (b) Sanctions.--The sanctions referred to in subsection (a) are as 
follows:
            (1) Suspension of united states assistance.--The United 
        States Government shall suspend United States assistance to 
        such sanctioned country.
            (2) Suspension of codevelopment or coproduction 
        agreements.--The United States Government shall suspend 
        compliance with its obligations under any memorandum of 
        understanding with such sanctioned country for the 
        codevelopment or coproduction of any item on the United States 
        Munitions List (established under section 38 of the Arms Export 
        Control Act (22 U.S.C. 2778)), including any obligation for 
        implementation of such memorandum of understanding through the 
        sale to such sanctioned country of technical data or assistance 
        or the licensing for export to such sanctioned country of any 
        component part.
            (3) United states munitions list.--No item on the United 
        States Munitions List (established pursuant to section 38 of 
        the Arms Export Control Act) may be exported to such sanctioned 
        country.
            (4) Export sanction.--The United States Government shall 
        not issue any license for any export by or to such sanctioned 
        country.
            (5) Import sanction.--The President shall ban the 
        importation of any article that is a product of such sanctioned 
        country.
            (6) International financial institution assistance.--The 
        Secretary of the Treasury shall instruct the United States 
        Executive Director at each international financial institution 
        (as defined in section 1701(c)(2) of the International 
        Financial Institutions Act) to oppose and vote against the 
        extension by such institution of any financial or technical 
        assistance to such sanctioned country.
    (c) Suspension of Military and Dual-Use Technical Exchange 
Agreements.--The United States Government shall suspend compliance with 
its obligations under any technical exchange agreement involving 
military and dual-use technology between the United States and such 
sanctioned country that does not directly contribute to the national 
security of the United States, and no military or dual-use technology 
may be exported from the United States to such sanctioned country 
pursuant to such agreement during such period.

          TITLE II--SANCTIONS TARGETING SYRIA'S ENERGY SECTOR

SEC. 201. IMPOSITION OF SANCTIONS.

    (a) Imposition of Sanctions.--Except as provided in subsection (f), 
the President shall impose on a person the sanctions specified in 
paragraphs (1) and (2) of subsection (b) and one or more of the 
sanctions specified in paragraphs (3) through (6) of subsection (b), if 
the President determines that such person has, on or after the date of 
the enactment of this Act, made an investment of $5,000,000 or more (or 
any combination of investments thereof, which in the aggregate equals 
or exceeds $5,000,000 in any 12-month period), that contributed to the 
enhancement of the Government of Syria's ability to develop petroleum 
resources in Syria.
    (b) Sanctions Specified.--The sanctions specified in this 
subsection are as follows:
            (1) Export-import bank assistance for exports to sanctioned 
        persons.--The President shall direct the Export-Import Bank of 
        the United States not to give approval to the issuance of any 
        guarantee, insurance, extension of credit, or participation in 
        the extension of credit in connection with the export of any 
        goods or services to any sanctioned person.
            (2) Loans from united states financial institutions.--The 
        United States Government shall prohibit any United States 
        financial institution from making loans or providing credits to 
        any sanctioned person totaling more than $10,000,000 in any 12-
        month period unless such person is engaged in activities to 
        relieve human suffering and such loans or credits are provided 
        for such activities.
            (3) Export sanction.--The President may order the United 
        States Government not to issue any specific license and not to 
        grant any other specific permission or authority to export any 
        goods or technology to a sanctioned person under--
                    (A) the Export Administration Act of 1979;
                    (B) the Arms Export Control Act;
                    (C) the Atomic Energy Act of 1954; or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or reexport of goods or 
                services.
            (4) Prohibitions on financial institutions.--The following 
        prohibitions may be imposed against a sanctioned person that is 
        a financial institution:
                    (A) Prohibition on designation as primary dealer.--
                Neither the Board of Governors of the Federal Reserve 
                System nor the Federal Reserve Bank of New York may 
                designate, or permit the continuation of any prior 
                designation of, such financial institution as a primary 
                dealer in United States Government debt instruments.
                    (B) Prohibition on service as a repository of 
                government funds.--Such financial institution may not 
                serve as an agent of the United States Government or 
                serve as repository for United States Government funds.
        The imposition of either sanction under subparagraph (A) or (B) 
        shall be treated as one sanction for purposes of this title, 
        and the imposition of both such sanctions shall be treated as 
        two sanctions for purposes of this title.
            (5) Procurement sanction.--The United States Government may 
        not procure, or enter into any contract for the procurement of, 
        any goods or services from a sanctioned person.
            (6) Additional sanctions.--The President may impose 
        sanctions, as appropriate, to restrict imports with respect to 
        a sanctioned person, in accordance with the International 
        Emergency Economic Powers Act.
    (c) Persons Against Which the Sanctions Are To Be Imposed.--The 
sanctions specified in subsection (b) shall be imposed on--
            (1) any person the President determines has carried out an 
        activity described in subsection (a); and
            (2) any person the President determines--
                    (A) is a successor entity to a person referred to 
                in paragraph (1);
                    (B) is a parent or subsidiary of a person referred 
                to in paragraph (1) if such parent or subsidiary 
                engaged in an activity described in subsection (a); or
                    (C) is an affiliate of a person referred to in 
                paragraph (1) if such affiliate engaged in an activity 
                referred to in paragraph (1) and if such affiliate is 
                controlled in fact by a person referred to in paragraph 
                (1).
    (d) Publication in Federal Register.--The President shall cause to 
be published in the Federal Register a current list of sanctioned 
persons. The removal of persons from, and the addition of persons to, 
such list of sanctioned persons shall also be so published.
    (e) Publication of Projects.--The President shall cause to be 
published in the Federal Register a list of all projects which have 
been publicly tendered in the oil and gas sector in Syria.
    (f) Exceptions.--The President shall not be required to apply or 
maintain the sanctions specified in subsection (b)--
            (1) in the case of procurement of defense articles or 
        defense services--
                    (A) under existing contracts or subcontracts, 
                including the exercise of options for production 
                quantities to satisfy requirements essential to the 
                national security of the United States;
                    (B) if the President determines and certifies in 
                writing to the appropriate congressional committees 
                that the person to which the sanctions would otherwise 
                be applied is a sole source supplier of the defense 
                articles or services, that such defense articles or 
                services are essential, and that alternative sources 
                are not readily or reasonably available; or
                    (C) if the President determines and certifies in 
                writing to the appropriate congressional committees 
                that such articles or services are essential to the 
                national security of the United States under defense 
                coproduction agreements;
            (2) in the case of procurement, to eligible products, as 
        defined in section 308(4) of the Trade Agreements Act of 1979 
        (19 U.S.C. 2518(4)), of any foreign country or instrumentality 
        designated under section 301(b)(1) of that Act (19 U.S.C. 
        2511(b)(1));
            (3) to products, technology, or services provided under 
        contracts entered into before the date on which the President 
        publishes in the Federal Register the name of a person with 
        respect to which the sanctions are to be imposed;
            (4) to--
                    (A) spare parts which are essential to United 
                States products or production; and
                    (B) component parts, but not finished products, 
                essential to United States products or production; and
            (5) to medicines, medical supplies, or other humanitarian 
        items.

SEC. 202. ADVISORY OPINIONS.

    The Secretary of State may, upon the request of any person, issue 
an advisory opinion to such person as to whether a proposed activity by 
such person would subject such person to sanctions under section 201. 
Any person who relies in good faith on such an advisory opinion which 
states that such proposed activity would not subject such person to 
such sanctions, and any person who thereafter engages in such activity, 
shall not be made subject to such sanctions on account of such 
activity.

SEC. 203. TERMINATION OF SANCTIONS.

    The requirement to impose sanctions under section 201 shall no 
longer have force or effect with respect to the Government of Syria if 
the President determines and certifies to the appropriate congressional 
committees that the requirements of section 102 (a) and (b) have been 
met.

SEC. 204. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.

    (a) Delay of Sanctions.--
            (1) Consultations.--If the President makes a determination 
        under section 201 that sanctions specified in such section 
        should be imposed with respect to a foreign person, Congress 
        urges the President to initiate consultations immediately with 
        the government with primary jurisdiction over such foreign 
        person with respect to the imposition of such sanctions under 
        such section.
            (2) Actions by government of jurisdiction.--In order to 
        pursue consultations under paragraph (1) with the government 
        with primary jurisdiction over a foreign person described in 
        such paragraph, the President may delay imposition on such 
        foreign person of sanctions under section 201 for up to 90 
        days. Following such consultations, the President shall 
        immediately impose such sanctions unless the President 
        determines and certifies to the appropriate congressional 
        committees that such government has taken specific and 
        effective actions, including the imposition of appropriate 
        penalties, to terminate the involvement of such foreign person 
        in the activities that resulted in the determination by the 
        President to impose on such foreign person sanctions under 
        section 201.
    (b) Duration of Sanctions.--Sanctions imposed under section 201 
shall remain in effect--
            (1) for a period of not less than two years from the date 
        on which such sanctions are imposed; or
            (2) until such time as the President determines and 
        certifies to the appropriate congressional committees that the 
        person whose activities were the basis for imposing such 
        sanction is no longer engaging in such activities and that the 
        President has received reliable assurances that such person 
        will not engage in such activities in the future, except that 
        such sanctions shall remain in effect for a period of not less 
        than one year.
    (c) Presidential Waiver.--The President may, on a case by case 
basis, waive for a single period of not more than six months the 
application of a sanction imposed on a foreign person under section 
201, if the President certifies to the appropriate congressional 
committees at least 30 days before such waiver is to take effect that--
            (1) such waiver is vital to the national security of the 
        United States; and
            (2) the government of the country with respect to which 
        such foreign person is a national has undertaken substantial 
        measures to prevent the acquisition and development of weapons 
        of mass destruction by the Government of Syria and to deny the 
        Government of Syria the resources and capability to engage in 
        the state-sponsorship of terrorism.

SEC. 205. DETERMINATIONS NOT REVIEWABLE.

    A determination to impose sanctions under section 201 shall not be 
reviewable in any court.

SEC. 206. EXCLUSION OF CERTAIN ACTIVITIES.

    Nothing in this title shall apply to any activities subject to the 
reporting requirements of title V of the National Security Act of 1947.

              TITLE III--SYRIA NUCLEAR WEAPONS PREVENTION

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) On September 6, 2007, Israeli warplanes bombed a site 
        at al-Kibar in northeastern Syria, which the Syrians 
        subsequently worked to conceal. On April 24, 2008, senior 
        United States intelligence officials briefed Congress and the 
        press about the al-Kibar site, citing detailed information 
        showing that the al Kibar facility was a nuclear reactor, built 
        with North Korean assistance.
            (2) Following the briefing, Syria granted International 
        Atomic Energy Agency (IAEA) inspectors access to Dayr al-Zor 
        (but denied them access to three other sites), where they took 
        environmental samples on June 23, 2008. After the visit, Syria 
        suspended cooperation with the IAEA, which later revealed that 
        soil samples taken from the al-Kibar site revealed ``a 
        significant number of natural uranium particles'' that were 
        produced by human action rather than being already present in 
        the environment.
            (3) The natural uranium found by the IAEA is the type of 
        fuel that would be fed into a reactor to produce plutonium, 
        which after extraction in a reprocessing facility, could fuel a 
        nuclear bomb.
            (4) Syria's safeguards agreement with the IAEA requires 
        notification to the agency in advance of construction of any 
        nuclear facility, regardless of the presence of nuclear 
        material, and, as a result, Syria's construction of a reactor 
        violated its IAEA obligations.

SEC. 302. ACTIONS WITHIN THE INTERNATIONAL ATOMIC ENERGY AGENCY.

    (a) Statement of Policy.--It shall be the policy of the United 
States to oppose the development or acquisition by Syria of a nuclear 
capability.
    (b) United States Actions.--The President shall instruct the United 
States Permanent Representative to the International Atomic Energy 
Agency to--
            (1) seek the adoption of a resolution declaring Syria to be 
        in violation of its IAEA obligations unless Syria immediately--
                    (A) declares all nuclear-related facilities;
                    (B) immediately and unconditionally suspends any 
                activity which could be used to develop nuclear-weapons 
                capability; and
                    (C) provides IAEA inspectors with full access to 
                its nuclear-related facilities;
            (2) use all available political, economic, and diplomatic 
        tools, and shall use the voice, vote, and influence of the 
        United States in all international organizations and 
        associations of which it is a member, including the IAEA and 
        the Nuclear Suppliers Group, to--
                    (A) block the development or acquisition by Syria 
                of a capacity to fabricate nuclear fuel;
                    (B) block the allocation of funds for any IAEA 
                development, environmental, or nuclear science 
                assistance or activity to Syria;
                    (C) block the allocation of funds for IAEA 
                development, environmental, or nuclear-related 
                assistance or activity to the Government of Syria, 
                including any agency or instrumentality thereof; and
                    (D) block membership of the Government of Syria on 
                the Board of Governors of the IAEA; and
            (3) shall withhold from United States contributions to the 
        IAEA an amount equal to that which the IAEA expends on 
        assistance to Syria.

SEC. 303. RESTRICTIONS ON NUCLEAR COOPERATION WITH COUNTRIES ASSISTING 
              THE NUCLEAR PROGRAM OF SYRIA.

    (a) In General.--Notwithstanding any other provision of law or any 
international agreement, no agreement for cooperation between the 
United States and the government of any country that is assisting the 
nuclear program of Syria or transferring advanced conventional weapons 
or missiles to Syria may be submitted to Congress pursuant to section 
123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), no such 
agreement may enter into force with such country, no license may be 
issued for export directly or indirectly to such country of any nuclear 
material, facilities, components, or other goods, services, or 
technology that would be subject to such agreement, and no approval may 
be given for the transfer or retransfer directly or indirectly to such 
country of any nuclear material, facilities, components, or other 
goods, services, or technology that would be subject to such agreement, 
until the President determines and reports to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Foreign 
Relations of the Senate that the government of such country that is 
assisting the nuclear program of Syria or transferring advanced 
conventional weapons or missiles to Syria--
            (1) has suspended all nuclear assistance to Syria or 
        suspended transferring advanced conventional weapons or 
        missiles to Syria (as the case may be); and
            (2) is committed to maintaining such suspension.
    (b) Rules of Construction.--The restrictions described in 
subsection (a)--
            (1) shall apply in addition to all other applicable 
        procedures, requirements, and restrictions required by the 
        Atomic Energy Act of 1954 and any other law; and
            (2) shall not be construed as affecting the validity of 
        agreements for cooperation that are in effect on the date of 
        the enactment of this Act.
    (c) Definitions.--In this section:
            (1) Agreement for cooperation.--The term ``agreement for 
        cooperation'' has the meaning given such term in section 11 
        (b). of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.).
            (2) Assisting the nuclear program of syria.--The term 
        ``assisting the nuclear program of Syria'' means the 
        intentional transfer to Syria by a government, or by a person 
        subject to the jurisdiction of a government with the knowledge 
        and acquiescence of such government, of goods, services, or 
        technology listed on the Nuclear Suppliers Group Guidelines for 
        the Export of Nuclear Material, Equipment and Technology 
        (published by the International Atomic Energy Agency as 
        Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent 
        revisions) or Guidelines for Transfers of Nuclear-Related Dual-
        Use Equipment, Material, and Related Technology (published by 
        the International Atomic Energy Agency as Information Circular 
        INFCIR/254/Rev. 3/Part 2, and subsequent revisions).
            (3) Country that is assisting the nuclear program of syria 
        or transferring advanced conventional weapons or missiles to 
        syria.--The term ``country that is assisting the nuclear 
        program of Syria or transferring advanced conventional weapons 
        or missiles to Syria'' means any country determined by the 
        President to be assisting the nuclear program of Syria or 
        transferring advanced conventional weapons or missiles to 
        Syria.
    (d) Waiver.--The President may waive the application of the 
sanctions described in subsection (a) if the President--
            (1) determines that such a waiver is vital to the national 
        security of the United States; and
            (2) submits to the appropriate congressional committees a 
        report describing the reasons for such determination.

SEC. 304. EXCLUSION FROM THE UNITED STATES OF SENIOR OFFICIALS OF 
              FOREIGN PERSONS WHO HAVE AIDED THE NUCLEAR PROGRAM OF 
              SYRIA.

    (a) Grounds for Exclusion.--Except as provided in subsection (b), 
the Secretary of State shall deny a visa to, and the Secretary of 
Homeland Security shall exclude from the United States, any alien whom 
the Secretary of State determines is an alien who, on or after the date 
of the enactment of this Act, is a--
            (1) person, agent, instrumentality, or official of, is 
        affiliated with, or is serving as a representative of, the 
        Government of Syria identified in a report submitted pursuant 
        to section 2(a) of the Iran, North Korea, and Syria 
        Nonproliferation Act (Public Law 106-178);
            (2) corporate officer, principal, or shareholder with a 
        controlling interest of a foreign person identified in a report 
        submitted pursuant to such section;
            (3) corporate officer, principal, or shareholder with a 
        controlling interest of a successor entity to, or a parent or 
        subsidiary of, a foreign person identified in such a report;
            (4) corporate officer, principal, or shareholder with a 
        controlling interest of an affiliate of a foreign person 
        identified in such a report, if such affiliate engaged in the 
        activities referred to in such report, and if such affiliate is 
        controlled in fact by the foreign person identified in such 
        report;
            (5) spouse, minor child, or agent of a person excludable 
        under paragraph (1), (2), (3) or (4);
            (6) senior official of a foreign government identified in 
        such a report;
            (7) senior official of a foreign government with primary 
        jurisdiction over a foreign person identified in such a report; 
        or
            (8) spouse, minor child, or agent of a person excludable 
        under paragraph (6) or (7).
    (b) Exception.--The President may waive the sanctions described in 
subsection (a) with respect to a person specified in paragraph (5), 
(6), or (7) if the President determines and certifies in writing to the 
appropriate congressional committees, on a case by case basis, that the 
foreign government with primary jurisdiction over such person has made 
and continues to make clear, specific efforts to stop and deter the 
transfer or retransfer of, or the permitting, hosting, or other 
facilitating of transshipments that may enable the transfer or 
retransfer of, goods or technology that contribute to the efforts by 
Syria, as the case may be, to acquire or develop advanced conventional 
weapons, or to acquire, develop, produce, or stockpile radiological or 
nuclear weapons.
    (c) Definitions.--In subsection (b):
            (1) Transfer.--The term ``transfer'' means the conveyance 
        of technological or intellectual property, or the conversion of 
        intellectual or technological advances into marketable goods, 
        services, or articles of value, developed and generated in one 
        place, to another through illegal or illicit means to a 
        country, the government of which the Secretary of State has 
        determined, for purposes of section 6(j)(1)(A) of the Export 
        Administration Act of 1979 (as in effect pursuant to the 
        International Emergency Economic Powers Act), section 40(d) of 
        the Arms Export Control Act (22 U.S.C. 2780(d)), and section 
        620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), is 
        a government that has repeatedly provided support for acts of 
        international terrorism.
            (2) Transshipment.--The term ``transshipment'' means the 
        export from one country to another that passes through a third 
        country, in which cargo is off-loaded and there is some change 
        to conveyance.

    TITLE IV--DIPLOMATIC EFFORTS TO ISOLATE THE GOVERNMENT OF SYRIA

SEC. 401. SENSE OF CONGRESS RELATING TO BILATERAL EFFORTS.

    It is the sense of Congress that the Secretary of State should 
ensure that United States diplomatic personnel abroad understand and, 
in their contacts with foreign officials, are communicating the reasons 
for United States policy and sanctions against the Government of Syria, 
and are urging foreign governments to cooperate more effectively with 
the Government of the United States in compelling the Government of 
Syria to cease policies and activities that threaten global peace and 
security.

SEC. 402. OPPOSITION TO SYRIA'S MEMBERSHIP AND CANDIDACY FOR LEADERSHIP 
              POSTS IN UNITED NATIONS INSTITUTIONS.

    The President shall direct the United States Permanent 
Representative to the United Nations, United Nations organizations and 
entities, and United Nations-affiliated agencies and bodies, to 
continue to use the voice, vote, and influence of the United States to 
oppose Syria's membership and candidacy for leadership posts in such 
institutions, and engage in diplomatic efforts to secure multilateral 
support for such efforts.

SEC. 403. ACTIONS AT INTERNATIONAL FINANCIAL INSTITUTIONS.

    The President shall instruct the United States Executive Director 
at each international financial institution (as defined in section 
1701(c)(2) of the International Financial Institutions Act) to use the 
voice, vote, and influence of the United States to oppose any loan or 
other assistance to Syria and to oppose Syria's membership in each such 
institution.

SEC. 404. ESTABLISHMENT OF UNITED STATES AND REGIONAL CONTACT GROUPS.

    The President shall seek to establish contact groups with relevant 
countries in the Middle East to provide forums in which United States 
officials who are responsible for counter-proliferation efforts are 
able to meet, at least twice each year, with their counterparts from 
such countries to--
            (1) discuss the global threats presented by Syrian nuclear 
        proliferation and sponsorship of international terrorism; and
            (2) develop strategies to effectively address such threats.

SEC. 405. REPORT ON ASSISTANCE TO, AND COMMERCE WITH, SYRIA.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act and annually thereafter, the President shall transmit to 
the appropriate congressional committees a report on assistance to, and 
commerce with, Syria by other foreign countries during the preceding 
12-month period.
    (b) Contents.--Each report required under subsection (a) shall, for 
the period covered by the report, contain the following information, to 
the extent such information is available:
            (1) A description of all bilateral assistance provided to 
        Syria by other foreign countries, including humanitarian 
        assistance.
            (2) A description of Syria's commerce with other foreign 
        countries, including an identification of Syria's trading 
        partners and the extent of such trade.
            (3) A description of the joint ventures completed, or under 
        consideration, by foreign nationals, business firms, and 
        persons involving facilities in Syria, including an 
        identification of the location of the facilities involved and a 
        description of the terms of agreement of the joint ventures and 
        the names of the parties that are involved.
            (4) A determination of the amount of debt of the Government 
        of Syria that is owed to each foreign country, including--
                    (A) the amount of debt exchanged, forgiven, or 
                reduced under the terms of each investment or operation 
                in Syria involving foreign nationals; and
                    (B) the amount of debt owed to the foreign country 
                that has been exchanged, forgiven, or reduced in return 
                for a grant by the Government of Syria of an equity 
                interest in a property, investment, or operation of the 
                Government of Syria or of a Syrian national.
            (5) A description of the steps taken to assure that raw 
        materials and semifinished or finished goods produced by 
        facilities in Syria involving foreign nationals do not enter 
        the United States market, either directly or through third 
        countries or parties.
            (6) An identification of countries and entities that 
        provide, or have provided, arms or military supplies from Syria 
        or that otherwise have entered into agreements with Syria that 
        could have a military application, including--
                    (A) a description of the military supplies, 
                equipment, or other material sold, bartered, or 
                exchanged between Syria and such countries;
                    (B) a listing of the goods, services, credits, or 
                other consideration received by Syria in exchange for 
                military supplies, equipment, or material; and
                    (C) the terms or conditions of any such agreement.
    (c) Form.--The report submitted under subsection (a) shall be in 
unclassified form but may include a classified annex.

           TITLE V--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA

SEC. 501. DECLARATIONS OF POLICY.

    It shall be the policy of the United States to support independent 
human rights and pro-democracy forces in Syria to promote the emergence 
of a democratic government in Syria that will--
            (1) denounce and combat terrorism;
            (2) dismantle its chemical, biological, radiological, and 
        nuclear weapons programs and commit to combating the 
        proliferation of such weapons;
            (3) respect the boundaries, sovereignty, and right to exist 
        of its neighbors and live in peace and security with all the 
        countries in the region; and
            (4) uphold and defend the human rights and civil liberties 
        of its citizens.

SEC. 502. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN SYRIA.

    (a) Authorization.--Notwithstanding any other provision of law, the 
President is authorized to provide assistance and other support for 
individuals and independent nongovernmental organizations to support a 
transition to a freely-elected, internationally recognized democratic 
government in Syria.
    (b) Activities Supported.--Assistance provided under subsection (a) 
shall, to the maximum extent practicable, be used to carry out the 
following activities:
            (1) Democracy-building and civil society efforts in Syria, 
        including the provision of assistance to organizations 
        certified by the President to be independent democratic 
        organizations, victims of political repression and their 
        families, and prisoners of conscience and their families.
            (2) Radio and television broadcasting to Syria to support 
        democracy-building and civil society efforts in Syria.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the President to carry out this section such sums as 
may be necessary for fiscal year 2010 and each subsequent fiscal year.

SEC. 503. CONDEMNATION OF SYRIAN HUMAN RIGHTS ABUSES.

    (a) Statement of Policy.--It shall be the policy of the United 
States--
            (1) to condemn the consistent pattern of gross violations 
        of internationally recognized human rights by the Government of 
        Syria in all applicable international fora;
            (2) to introduce and work toward the adoption of a 
        resolution at the upcoming session of the United Nations 
        General Assembly which details and condemns the dismal human 
        rights record of Syria;
            (3) to support the people of Syria in their daily struggle 
        for freedom, respect for human rights and civil liberties, 
        democratic self-governance, and the establishment of the rule 
        of law; and
            (4) to reach out to dissidents, human rights activists, and 
        the nonviolent democratic opposition in Syria, and to assist 
        them in their efforts.
    (b) Actions at the United Nations General Assembly.--The President 
shall direct the United States Permanent Representative to the United 
Nations to take the necessary steps to secure support for the adoption 
of a resolution at the United Nations General Assembly holding the 
Government of Syria accountable for its systematic violations of human 
rights of Syrian and Lebanese citizens and calling for the appointment 
of a United Nations Special Rapporteur to investigate such human rights 
violations.
                                 <all>