II 112th CONGRESS 2d Session S. 3498 IN THE SENATE OF THE UNITED STATES August 2, 2012 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide humanitarian assistance and support a democratic transition in Syria, and for other purposes.

1.

Short title

This Act may be cited as the Syria Humanitarian Support and Democratic Transition Assistance Act of 2012.

2.

Findings

Congress makes the following findings: (1)In March 2011, peaceful demonstrations in Syria began against the authoritarian rule of Bashar al-Assad. The regime responded with terrible violence against the citizens of Syria, including the use of weapons of war, torture, extrajudicial killings, arbitrary executions, sexual violence, and interference with access to medical treatment. (2)In December 2011, the Government of Syria agreed to allow an Arab League observer group into the country to assess the humanitarian and political situation on the ground. However, on January 28, 2012, the League officially ended its observer mission, citing escalating violence and the intransigence of the Assad regime. (3)In February 2012, the group Friends of the Syrian People met in Tunis and issued a declaration demanding, among other things, that the Syrian regime allow free and unimpeded access by the UN and humanitarian agencies to carry out a full assessment of needs. (4)On March 16, 2012, United Nations and League of Arab States Special Envoy Kofi Annan presented a six-point peace plan for Syria that called on the Government of Syria to, among other things— (A)commit to stop the fighting and urgently achieve a United Nations-supervised cessation of violence; (B)cease military activity in and around civilian population centers; (C)work with the Envoy in an inclusive Syrian-led political process; (D)ensure timely provision of humanitarian assistance; (E)release arbitrarily detained persons; (F)ensure freedom of movement for journalists; and (G)respect the freedom of association and the right to demonstrate peacefully. (5)In March 2012, the United Nations Refugee Agency (UNHCR) appealed for $84,100,000 to assist approximately 30,000 Syrian refugees living outside the country. Panos Moumtzis was appointed Regional Refugee Coordinator for Syria by UNHCR, indicating the importance of responding to the growing needs of Syrian refugees. (6)In April 2012, the group Friends of the Syrian People met in Istanbul and committed to increase pressure on the Assad regime, provide greater humanitarian relief to people in need, and support the Syrian opposition as it works toward an inclusive democratic transition. (7)As of July 2012, the London-based Syrian Observatory for Human Rights estimated that more than 20,000 people have been killed as a result of the violence in Syria, while the United Nations has reportedly stopped keeping track of casualty numbers due to the difficulty in obtaining accurate information from inside Syria. (8)As a result of the violence, the United Nations estimates that 1,500,000 people are in need of humanitarian assistance, including access to food, water, shelter, and medical care. Basic services such as health care, education, and electricity have also been cut off in some parts of the country. (9)Syria faces growing food insecurity, as wheat harvests have declined due to drought. The United Nations expects aid agencies to provide food aid to 850,000 Syrians in July 2012, up from 500,000 the previous month. (10)Hundreds of thousands of Syrians have fled the country due to escalating violence. According to the United Nations, there are more than 100,000 Syrian refugees registered in Lebanon, Turkey, Jordan, and Iraq, and even more who are unregistered. According to the Syrian Arab Red Crescent, hundreds of thousands of Syrians are displaced within the country. More than three-quarters of refugees and internally displaced persons are women and children, who are particularly vulnerable to economic and physical insecurity. (11)In June 2012, UNHCR more than doubled its appeal for assistance for Syrian refugees to $193,000,000, reflecting the significant increase in the number of refugees in need of assistance. (12)The United Nations requested an additional $189,000,000 to meet humanitarian needs inside Syria. According to a United Nations spokesperson, only about 20 percent of these appeals have been funded. In July 2012, John Ging, Director of Operations for the United Nations Office for the Coordination of Humanitarian Affairs, said, If we don’t get more money, people will die. (13)The United Nations Children’s Fund (UNICEF) issued an urgent appeal for $20,000,000 to meet the emergency needs of children and young people who have fled the violence in Syria. UNICEF estimates that it will need to provide humanitarian support and basic services to approximately 90,000 Syrian children between July and December 2012. As of July 2012, UNICEF has received less than $6,000,000 to provide support and protection to the most vulnerable victims of the crisis in Syria. (14)An agreement between the United Nations and the Syrian regime to facilitate the delivery of humanitarian assistance in the country has allowed aid workers greater access to victims of the conflict. However, staff of the International Committee of the Red Cross and the Syrian Arab Red Crescent cite security concerns as a major obstacle to aid distribution. The Government of Syria is also refusing to grant visas for aid workers from countries that have criticized the regime, including the United States, Canada, the United Kingdom, and France. (15)In July 2012, Human Rights Watch reported widespread torture and mistreatment of political prisoners being held in detention facilities managed by intelligence agencies of the Government of Syria. The report cites overcrowding, denial of adequate food and medical assistance, and the routine use of a wide range of torture methods. The report also raised concerns that authorities in Syria could choose to kill detainees rather than allow them to be released in the event of a political transition. (16)As of July 2012, the United States Government has pledged $52,000,000 in humanitarian and non-lethal assistance to Syria. (17)According to the Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions Covering 1 January to 31 December 2011, Syria has had a [chemical weapons] program for many years and has a stockpile of CW agents, which can be delivered by aerial bombs, ballistic missiles, and artillery rockets. In a hearing before the Committee on Armed Services of the Senate in March 2012, Chairman of the Joint Chiefs of Staff General Martin Dempsey testified that the magnitude of Syria’s chemical weapons arsenal was 100 times more than we experienced in Libya. The Government of Syria’s stockpiles are thought to include mustard, sarin, and VX gases. (18)There are concerns about the existence of numerous rebel militias and their role in Syria during a post-transition period. On June 30, 2012, during an international meeting on Syria in Geneva, Special Envoy Kofi Annan said, A transition must be implemented in a climate of safety for all, stability and calm, including completion of withdrawals and the disarming, demobilization and reintegration of armed groups.

3.

Statement of Policy

It is the policy of the United States— (1)to strongly condemn the ongoing violence and widespread human rights violations perpetrated against the Syrian people by the regime of President Bashar al-Assad; (2)to promote the protection of civilians and innocent victims of the conflict in Syria, particularly women and children who are displaced and vulnerable to physical exploitation; (3)to assist the people of Syria in meeting basic needs, including access to food, health care, shelter, and clean drinking water; (4)to support efforts of democratically oriented political opposition groups in Syria to agree upon a political transition plan that is inclusive and reflects the democratic aspirations of all minority ethnic groups in the country; (5)to work with the international community, including multilateral organizations and host countries, to support Syrian refugees living in Lebanon, Turkey, Jordan, and Iraq; (6)to support efforts to identify, recover, and dispose of chemical weapons and other conventional and unconventional weapons stockpiled in Syria; and (7)to help ensure that, once a stable transitional government is established in Syria, it is committed to multiparty democracy, open and transparent governance, respect for human rights and religious freedom, promoting peace and stability with its neighbors, enhancing the rule of law, and rehabilitating and reintegrating former combatants.

4.

Special envoy for Syria

(a)

Appointment of special envoy

Not later than 30 days after the date of the enactment of this Act, the President shall appoint a Special Envoy for Syria to coordinate United States engagement with the country and to ensure that the United States Government supports efforts to bring about a democratic transition in Syria. (b)

Duties

The Special Envoy for Syria should be given a clear mandate— (1)to direct United States Government efforts to provide assistance to civilians and innocent victims of the conflict in Syria; (2)to provide detailed assessments of challenges and progress on the ground in Syria with regard to providing humanitarian relief, supporting an inclusive political transition, assisting internally displaced persons and refugees, reintegrating former combatants, and securing conventional and unconventional weapons; and (3)to pursue a peaceful, inclusive democratic future for Syria that protects the rights of all ethnic and religious minorities. (c)

Staffing and resources

The Special Envoy for Syria should be provided with appropriate resources, including adequate staffing in the region and in Washington, District of Columbia.

5.

Bilateral assistance to Syria

(a)

Authority

The President should— (1)provide enhanced support for humanitarian activities taking place in and outside Syria, including the provision of food, water, and medical supplies; (2)support efforts for a peaceful resolution of the conflict in Syria as well as the establishment of an inclusive representative form of government in Syria; (3)continue to encourage the participation of all groups, including women, business leaders, civil society organizations, traditional and religious leaders, and minority groups in efforts for a peaceful resolution of the conflict and political transition in Syria; (4)encourage the Arab League and other international bodies to insist that transitional and future governments are committed to multiparty democracy, open and transparent governance, respect for human rights and religious freedom, ending the violence throughout the country, promoting peace and stability with Syria’s neighbors, enhancing the rule of law and combating corruption, and rehabilitating and reintegrating former combatants; (5)contribute to future capacity building for governing institutions after a political transition takes place in Syria; and (6)support post-transition efforts, including programs for demobilizing and reintegrating former combatants. (b)

Funding

(1)

Fiscal years 2013 and 2014

Of the amounts made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for fiscal years 2013 and 2014, such sums as may be necessary should be allocated for bilateral assistance programs in Syria. (2)

Future funding

It is the sense of Congress that the Department of State should submit a budget request for fiscal year 2014 that contains an appropriate increase in bilateral and multilateral assistance for Syria based on progress by the Government of Syria toward accomplishing the policy objectives described in section 3. (3)

Availability

Amounts appropriated pursuant to the authorization of appropriations under paragraphs (1) and (2)— (A)are authorized to remain available until expended; and (B)are in addition to funds otherwise available for such purposes. (c)

Coordination with other donor nations

The United States should work with other donor nations, on a bilateral and multilateral basis, to increase international contributions to the people of Syria and accomplish the policy objectives described in section 3.

6.

Increasing contributions and other humanitarian and development assistance through international organizations

The President should instruct the United States permanent representative or executive director, as the case may be, to the United Nations voluntary agencies, including the World Food Program, the United Nations Development Program, and the United Nations High Commissioner for Refugees, and other appropriate international organizations to use the voice and vote of the United States to support additional humanitarian and development assistance for the people of Syria in order to accomplish the policy objectives described in section 3.

7.

Increasing bilateral assistance to countries that host syrian refugees

(a)

Authority

The President should increase bilateral funding to countries, including Iraq, Jordan, Turkey, and Lebanon, that have experienced an influx of refugees from Syria. (b)

Funding for fiscal years 2013 and 2014

Of the amounts made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for fiscal years 2013 and 2014, such sums as may be necessary should be allocated for bilateral refugee assistance programs in the countries surrounding Syria.

8.

Coordination of international assistance for Syria

(a)

Establishment

Not later than 30 days after the date of the enactment of this Act, the President shall instruct the Secretary of State to work with the appropriate United Nations agencies, regional organizations, nongovernmental organizations, and the broader international community to establish an international donors group to maximize resources and efficiently provide humanitarian assistance to the people of Syria. (b)

Purpose

The purpose of the donors group shall be to coordinate resources for the following activities in Syria and the region: (1)Providing humanitarian relief to civilians impacted by the violence in Syria and Syrian refugees in surrounding countries. (2)Supporting inclusive post-transitional governance and the establishment of the rule of law. (3)Supporting disarmament, demobilization, and reintegration of combatants and members of militias. (c)

Annual report

The Department of State shall submit a report on the specific programs, projects, and activities carried out by the donors group during the preceding year, including an evaluation of the results of such programs, projects, and activities.

9.

Securing unconventional weapons in Syria

(a)

Transition plan

The United States should work with regional partners to develop a plan, to be implemented in the event of a political transition, to— (1)identify and secure conventional and unconventional weapons stockpiles in Syria; (2)recover and dispose of all unconventional weapons stockpiled in Syria, with particular attention to chemical weapons; and (3)prevent the illicit sale or transfer of conventional and unconventional weapons out of Syria in order to preclude regional weapons proliferation. (b)

Sense of congress

It is the sense of Congress that the Department of State should submit a budget request for fiscal year 2014 that contains an increase in bilateral nonproliferation, demining, and anti-terrorism assistance for Syria toward accomplishing the policy objectives described in this section.

10.

Report on humanitarian and stabilization efforts in Syria

Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a detailed report on the implementation of this Act, including a description of— (1)progress made as a result of humanitarian and stabilization efforts, including refugee assistance in Syria; (2)progress made toward establishing an inclusive, democratic government that protects the rights of all Syrians; and (3)key challenges, gaps, and obstacles to further enhancing stability and peace in Syria, including between Syria and its neighbors.