[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5732 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 5732

_______________________________________________________________________

                                 AN ACT


 
   To halt the wholesale slaughter of the Syrian people, encourage a 
 negotiated political settlement, and hold Syrian human rights abusers 
                     accountable for their crimes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Caesar Syria 
Civilian Protection Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Statement of policy.
 TITLE I--ADDITIONAL ACTIONS IN CONNECTION WITH THE NATIONAL EMERGENCY 
                         WITH RESPECT TO SYRIA

Sec. 101. Sanctions with respect to Central Bank of Syria and foreign 
                            persons that engage in certain 
                            transactions.
Sec. 102. Prohibitions with respect to the transfer of arms and related 
                            materials to Syria.
Sec. 103. Rule of construction.
 TITLE II--AMENDMENTS TO SYRIA HUMAN RIGHTS ACCOUNTABILITY ACT OF 2012

Sec. 201. Imposition of sanctions with respect to certain persons who 
                            are responsible for or complicit in human 
                            rights abuses committed against citizens of 
                            Syria or their family members.
Sec. 202. Imposition of sanctions with respect to the transfer of goods 
                            or technologies to Syria that are likely to 
                            be used to commit human rights abuses.
Sec. 203. Imposition of sanctions with respect to persons who hinder 
                            humanitarian access.
TITLE III--REPORTS AND WAIVER FOR HUMANITARIAN-RELATED ACTIVITIES WITH 
                            RESPECT TO SYRIA

Sec. 301. Report on monitoring and evaluating of ongoing assistance 
                            programs in Syria and to the Syrian people.
Sec. 302. Report on certain persons who are responsible for or 
                            complicit in certain human rights 
                            violations in Syria.
Sec. 303. Assessment of potential effectiveness of and requirements for 
                            the establishment of safe zones or a no-fly 
                            zone in Syria.
Sec. 304. Assistance to support entities taking actions relating to 
                            gathering evidence for investigations into 
                            war crimes or crimes against humanity in 
                            Syria since March 2011.
        TITLE IV--SUSPENSION OF SANCTIONS WITH RESPECT TO SYRIA

Sec. 401. Suspension of sanctions with respect to Syria.
Sec. 402. Waivers and exemptions.
       TITLE V--REGULATORY AUTHORITY, COST LIMITATION, AND SUNSET

Sec. 501. Regulatory authority.
Sec. 502. Cost limitation.
Sec. 503. Sunset.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Over 14,000,000 Syrians have become refugees or 
        internally displaced persons over the last 5 years.
            (2) The Syrian Observatory for Human Rights has reported 
        that since 2012, over 60,000 Syrians, including children, have 
        died in Syrian prisons.
            (3) In July 2014, the Committee on Foreign Affairs of the 
        House of Representatives heard testimony from a former Syrian 
        military photographer, alias ``Caesar'', who fled Syria and 
        smuggled out thousands of photos of tortured bodies. In 
        testimony, Caesar said, ``I have seen horrendous pictures of 
        bodies of people who had tremendous amounts of torture, deep 
        wounds and burns and strangulation.''.
            (4) In a June 16, 2015, hearing of the Committee on Foreign 
        Affairs of the House of Representatives, United States 
        Permanent Representative to the United Nations, Samantha Power, 
        testified that there are alarming and grave reports that the 
        Assad regime has been turning chlorine into a chemical weapon, 
        and on June 16, 2015, Secretary of State John Kerry stated that 
        he was ``absolutely certain'' that the Assad regime has used 
        chlorine against his people.
            (5) The Assad regime has repeatedly blocked civilian access 
        to or diverted humanitarian assistance, including medical 
        supplies, to besieged and hard-to-reach areas, in violation of 
        United Nations Security Council resolutions.
            (6) The course of the Syrian transition and its future 
        leadership may depend on what the United States and its 
        partners do now to save Syrian lives, alleviate suffering, and 
        help Syrians determine their own future.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) Bashar al-Assad's murderous actions against the people 
        of Syria have caused the deaths of more than 400,000 civilians, 
        led to the destruction of more than 50 percent of Syria's 
        critical infrastructure, and forced the displacement of more 
        than 14,000,000 people, precipitating the worst humanitarian 
        crisis in more than 60 years;
            (2) international actions to date have been insufficient in 
        protecting vulnerable populations from being attacked by 
        uniformed and irregular forces, including Hezbollah, associated 
        with the Assad regime, on land and from the air, through the 
        use of barrel bombs, chemical weapons, mass starvation 
        campaigns, industrial-scale torture and execution of political 
        dissidents, sniper attacks on pregnant women, and the 
        deliberate targeting of medical facilities, schools, 
        residential areas, and community gathering places, including 
        markets;
            (3) Assad's use of chemical weapons, including chlorine, 
        against the Syrian people violates the Chemical Weapons 
        Convention; and
            (4) Assad's continued claim of leadership and actions in 
        Syria are a rallying point for the extremist ideology of the 
        Islamic State, Jabhat al-Nusra, and other terrorist 
        organizations.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States that all diplomatic and 
coercive economic means should be utilized to compel the government of 
Bashir al-Assad to immediately halt the wholesale slaughter of the 
Syrian people and actively work towards transition to a democratic 
government in Syria, existing in peace and security with its neighbors.

 TITLE I--ADDITIONAL ACTIONS IN CONNECTION WITH THE NATIONAL EMERGENCY 
                         WITH RESPECT TO SYRIA

SEC. 101. SANCTIONS WITH RESPECT TO CENTRAL BANK OF SYRIA AND FOREIGN 
              PERSONS THAT ENGAGE IN CERTAIN TRANSACTIONS.

    (a) Application of Certain Measures to Central Bank of Syria.--
Except as provided in subsections (a) and (b) of section 402, the 
President shall apply the measures described in section 5318A(b)(5) of 
title 31, United States Code, to the Central Bank of Syria.
    (b) Blocking Property of Foreign Persons That Engage in Certain 
Transactions.--
            (1) In general.--Beginning on and after the date that is 30 
        days after the date of the enactment of this Act, the President 
        shall impose on a foreign person the sanctions described in 
        subsection (c) if the President determines that such foreign 
        person has, on or after such date of enactment, knowingly 
        engaged in an activity described in paragraph (2).
            (2) Activities described.--A foreign person engages in an 
        activity described in this paragraph if the foreign person--
                    (A) knowingly provided significant financial, 
                material or technological support to (including 
                engaging in or facilitating a significant transaction 
                or transactions with) or provided significant financial 
                services for--
                            (i) the Government of Syria (including 
                        Syria's intelligence and security services or 
                        its armed forces or government entities 
                        operating as a business enterprise) and the 
                        Central Bank of Syria, or any of its agents or 
                        affiliates; or
                            (ii) a foreign person subject to sanctions 
                        pursuant to--
                                    (I) the International Emergency 
                                Economic Powers Act (50 U.S.C. 1701 et 
                                seq.) with respect to Syria or any 
                                other provision of law that imposes 
                                sanctions with respect to Syria; or
                                    (II) a resolution that is agreed to 
                                by the United Nations Security Council 
                                that imposes sanctions with respect to 
                                Syria;
                    (B) knowingly--
                            (i) sold or provided significant goods, 
                        services, technology, information, or other 
                        support that could directly and significantly 
                        facilitate the maintenance or expansion of 
                        Syria's domestic production of natural gas or 
                        petroleum or petroleum products of Syrian 
                        origin in areas controlled by the Government of 
                        Syria;
                            (ii) sold or provided to Syria crude oil or 
                        condensate, refined petroleum products, 
                        liquefied natural gas, or petrochemical 
                        products that have a fair market value of 
                        $500,000 or more or that during a 12-month 
                        period have an aggregate fair market value of 
                        $2,000,000 or more in areas controlled by the 
                        Government of Syria;
                            (iii) sold or provided civilian aircraft or 
                        spare parts, or provides significant goods, 
                        services, or technologies associated with the 
                        operation of aircraft or airlines to any 
                        foreign person operating in areas controlled by 
                        the Government of Syria; or
                            (iv) sold or provided significant goods, 
                        services, or technology to a foreign person 
                        operating in the shipping (including ports and 
                        free trade zones), transportation, or 
                        telecommunications sectors in areas controlled 
                        by the Government of Syria;
                    (C) knowingly facilitated efforts by a foreign 
                person to carry out an activity described in 
                subparagraph (A) or (B);
                    (D) knowingly provided loans, credits, including 
                export credits, or financing to carry out an activity 
                described in subparagraph (A) or (B); and
                    (E) is owned or controlled by a foreign person that 
                engaged in the activities described in subparagraphs 
                (A) through (C).
    (c) Sanctions Against a Foreign Person.--The sanctions to be 
imposed on a foreign person described in subsection (b) are the 
following:
            (1) In general.--The President shall exercise all powers 
        granted by the International Emergency Economic Powers Act (50 
        U.S.C. 1701 et seq.) (except that the requirements of section 
        202 of such Act (50 U.S.C. 1701) shall not apply) to the extent 
        necessary to freeze and prohibit all transactions in all 
        property and interests in property of the foreign person if 
        such property and interests in property are in the United 
        States, come within the United States, or are or come within 
        the possession or control of a United States person.
            (2) Aliens ineligible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien who the 
                Secretary of State or the Secretary of Homeland 
                Security (or a designee of one of such Secretaries) 
                knows, or has reason to believe, meets any of the 
                criteria described in subsection (a) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The issuing consular 
                        officer, the Secretary of State, or the 
                        Secretary of Homeland Security (or a designee 
                        of one of such Secretaries) shall revoke any 
                        visa or other entry documentation issued to an 
                        alien who meets any of the criteria described 
                        in subsection (a) regardless of when issued.
                            (ii) Effect of revocation.--A revocation 
                        under clause (i)--
                                    (I) shall take effect immediately; 
                                and
                                    (II) shall automatically cancel any 
                                other valid visa or entry documentation 
                                that is in the alien's possession.
            (3) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (2) shall not apply to an 
        alien if admitting the alien into the United States is 
        necessary to permit the United States to comply with the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations.
            (4) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that knowingly violates, attempts to violate, conspires to 
        violate, or causes a violation of regulations promulgated under 
        section 501(a) to carry out paragraph (1) of this subsection to 
        the same extent that such penalties apply to a person that 
        knowingly commits an unlawful act described in section 206(a) 
        of that Act.
    (d) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given such terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Financial, material, or technological support.--The 
        term ``financial, material, or technological support'' has the 
        meaning given such term in section 542.304 of title 31, Code of 
        Federal Regulations, as such section was in effect on the date 
        of the enactment of this Act.
            (3) Government of syria.--The term ``Government of Syria'' 
        has the meaning given such term in section 542.305 of title 31, 
        Code of Federal Regulations, as such section was in effect on 
        the date of the enactment of this Act.
            (4) Knowingly.--The term ``knowingly'' has the meaning 
        given such term in section 566.312 of title 31, Code of Federal 
        Regulations, as such section was in effect on the date of the 
        enactment of this Act.
            (5) Petroleum or petroleum products of syrian origin.--The 
        term ``petroleum or petroleum products of Syrian origin'' has 
        the meaning given such term in section 542.314 of title 31, 
        Code of Federal Regulations, as such section was in effect on 
        the date of the enactment of this Act.
            (6) Significant transaction or transactions; significant 
        financial services.--A transaction or transactions or financial 
        services shall be determined to be a significant for purposes 
        of this section in accordance with section 566.404 of title 31, 
        Code of Federal Regulations, as such section was in effect on 
        the date of the enactment of this Act.
            (7) Syria.--The term ``Syria'' has the meaning given such 
        term in section 542.316 of title 31, Code of Federal 
        Regulations, as such section was in effect on the date of the 
        enactment of this Act.

SEC. 102. PROHIBITIONS WITH RESPECT TO THE TRANSFER OF ARMS AND RELATED 
              MATERIALS TO SYRIA.

    (a) Sanctions.--
            (1) In general.--Beginning on and after the date that is 30 
        days after the date of the enactment of this Act, the President 
        shall impose on a foreign person the sanctions described in 
        subsection (b) if the President determines that such foreign 
        person has, on or after such date of enactment, knowingly 
        exported, transferred, or provided significant financial, 
        material, or technological support to the Government of Syria 
        to--
                    (A) acquire or develop chemical, biological, or 
                nuclear weapons or related technologies;
                    (B) acquire or develop ballistic or cruise missile 
                capabilities;
                    (C) acquire or develop destabilizing numbers and 
                types of advanced conventional weapons;
                    (D) acquire defense articles, defense services, or 
                defense information (as such terms are defined under 
                the Arms Export Control Act (22 U.S.C. 2751 et seq.)); 
                or
                    (E) acquire items designated by the President for 
                purposes of the United States Munitions List under 
                section 38(a)(1) of the Arms Export Control Act (22 
                U.S.C. 2778(a)(1)).
            (2) Applicability to other foreign persons.--The sanctions 
        described in subsection (b) shall also be imposed on any 
        foreign person that--
                    (A) is a successor entity to a foreign person 
                described in paragraph (1); or
                    (B) is owned or controlled by a foreign person 
                described in paragraph (1).
    (b) Sanctions Against a Foreign Person.--The sanctions to be 
imposed on a foreign person described in subsection (a) are the 
following:
            (1) In general.--The President shall exercise all powers 
        granted by the International Emergency Economic Powers Act (50 
        U.S.C. 1701 et seq.) (except that the requirements of section 
        202 of such Act (50 U.S.C. 1701) shall not apply) to the extent 
        necessary to freeze and prohibit all transactions in all 
        property and interests in property of the foreign person if 
        such property and interests in property are in the United 
        States, come within the United States, or are or come within 
        the possession or control of a United States person.
            (2) Aliens ineligible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien who the 
                Secretary of State or the Secretary of Homeland 
                Security (or a designee of one of such Secretaries) 
                knows, or has reason to believe, meets any of the 
                criteria described in subsection (a) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The issuing consular 
                        officer, the Secretary of State, or the 
                        Secretary of Homeland Security (or a designee 
                        of one of such Secretaries) shall revoke any 
                        visa or other entry documentation issued to an 
                        alien who meets any of the criteria described 
                        in subsection (a) regardless of when issued.
                            (ii) Effect of revocation.--A revocation 
                        under clause (i)--
                                    (I) shall take effect immediately; 
                                and
                                    (II) shall automatically cancel any 
                                other valid visa or entry documentation 
                                that is in the alien's possession.
            (3) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (2) shall not apply to an 
        alien if admitting the alien into the United States is 
        necessary to permit the United States to comply with the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations.
            (4) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of any 
        regulation, license, or order issued to carry out this section 
        shall be subject to the penalties set forth in subsections (b) 
        and (c) of section 206 of the International Emergency Economic 
        Powers Act (50 U.S.C. 1705) to the same extent as a person that 
        commits an unlawful act described in subsection (a) of that 
        section.
    (c) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given such terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Financial, material, or technological support.--The 
        term ``financial, material, or technological support'' has the 
        meaning given such term in section 542.304 of title 31, Code of 
        Federal Regulations, as such section was in effect on the date 
        of the enactment of this Act.
            (3) Foreign person.--The term ``foreign person'' has the 
        meaning given such term in section 594.304 of title 31, Code of 
        Federal Regulations, as such section was in effect on the date 
        of the enactment of this Act.
            (4) Knowingly.--The term ``knowingly'' has the meaning 
        given such term in section 566.312 of title 31, Code of Federal 
        Regulations, as such section was in effect on the date of the 
        enactment of this Act.
            (5) Syria.--The term ``Syria'' has the meaning given such 
        term in section 542.316 of title 31, Code of Federal 
        Regulations, as such section was in effect on the date of the 
        enactment of this Act.
            (6) United states person.--The term ``United States 
        person'' has the meaning given such term in section 542.319 of 
        title 31, Code of Federal Regulations, as such section was in 
        effect on the date of the enactment of this Act.

SEC. 103. RULE OF CONSTRUCTION.

    The sanctions that are required to be imposed under this title are 
in addition to other similar or related sanctions that are required to 
be imposed under any other provision of law.

 TITLE II--AMENDMENTS TO SYRIA HUMAN RIGHTS ACCOUNTABILITY ACT OF 2012

SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN PERSONS WHO 
              ARE RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES 
              COMMITTED AGAINST CITIZENS OF SYRIA OR THEIR FAMILY 
              MEMBERS.

    (a) In General.--Section 702(c) of the Syria Human Rights 
Accountability Act of 2012 (22 U.S.C. 8791(c)) is amended to read as 
follows:
    ``(c) Sanctions Described.--
            ``(1) In general.--The President shall exercise all powers 
        granted by the International Emergency Economic Powers Act (50 
        U.S.C. 1701 et seq.) (except that the requirements of section 
        202 of such Act (50 U.S.C. 1701) shall not apply) to the extent 
        necessary to freeze and prohibit all transactions in all 
        property and interests in property of a person on the list 
        required by subsection (b) if such property and interests in 
        property are in the United States, come within the United 
        States, or are or come within the possession or control of a 
        United States person.
            ``(2) Aliens ineligible for visas, admission, or parole.--
                    ``(A) Visas, admission, or parole.--An alien who 
                the Secretary of State or the Secretary of Homeland 
                Security (or a designee of one of such Secretaries) 
                knows, or has reason to believe, meets any of the 
                criteria described in subsection (b) is--
                            ``(i) inadmissible to the United States;
                            ``(ii) ineligible to receive a visa or 
                        other documentation to enter the United States; 
                        and
                            ``(iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    ``(B) Current visas revoked.--
                            ``(i) In general.--The issuing consular 
                        officer, the Secretary of State, or the 
                        Secretary of Homeland Security (or a designee 
                        of one of such Secretaries) shall revoke any 
                        visa or other entry documentation issued to an 
                        alien who meets any of the criteria described 
                        in subsection (b) regardless of when issued.
                            ``(ii) Effect of revocation.--A revocation 
                        under clause (i)--
                                    ``(I) shall take effect 
                                immediately; and
                                    ``(II) shall automatically cancel 
                                any other valid visa or entry 
                                documentation that is in the alien's 
                                possession.
            ``(3) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section shall be subject to the penalties set forth in 
        subsections (b) and (c) of section 206 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of that section.
            ``(4) Regulatory authority.--The President shall, not later 
        than 90 days after the date of the enactment of this section, 
        promulgate regulations as necessary for the implementation of 
        this section.
            ``(5) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (2) shall not apply to an 
        alien if admitting the alien into the United States is 
        necessary to permit the United States to comply with the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations.
            ``(6) Rule of construction.--Nothing in this section shall 
        be construed to limit the authority of the President to impose 
        additional sanctions pursuant to the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.), relevant 
        Executive orders, regulations, or other provisions of law.''.
    (b) Serious Human Rights Abuses Described.--Section 702 of the 
Syria Human Rights Accountability Act of 2012 (22 U.S.C. 8791) is 
amended by adding at the end the following:
    ``(d) Serious Human Rights Abuses Described.--In subsection (b), 
the term `serious human rights abuses' includes--
            ``(1) the deliberate targeting of civilian infrastructure 
        to include schools, hospitals, and markets; and
            ``(2) hindering the prompt and safe access for all actors 
        engaged in humanitarian relief activities, including across 
        conflict lines and borders.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the date of the enactment of this Act and shall 
apply with respect to the imposition of sanctions under section 702(a) 
of the Syria Human Rights Accountability Act of 2012 on after such date 
of enactment.

SEC. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS 
              OR TECHNOLOGIES TO SYRIA THAT ARE LIKELY TO BE USED TO 
              COMMIT HUMAN RIGHTS ABUSES.

    Section 703(b)(2)(C) of the Syria Human Rights Accountability Act 
of 2012 (22 U.S.C. 8792(b)(2)(C)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
                            ``(iii) any article designated by the 
                        President for purposes of the United States 
                        Munitions List under section 38(a)(1) of the 
                        Arms Export Control Act (22 U.S.C. 2778(a)(1)); 
                        or
                            ``(iv) other goods or technologies that the 
                        President determines may be used by the 
                        Government of Syria to commit human rights 
                        abuses against the people of Syria.''.

SEC. 203. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO HINDER 
              HUMANITARIAN ACCESS.

    The Syria Human Rights Accountability Act of 2012 (22 U.S.C. 8791 
et seq.) is amended--
            (1) by redesignating sections 705 and 706 as sections 706 
        and 707, respectively;
            (2) by inserting after section 704 the following:

``SEC. 705. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO HINDER 
              HUMANITARIAN ACCESS.

    ``(a) In General.--The President shall impose sanctions described 
in section 702(c) with respect to each person on the list required by 
subsection (b).
    ``(b) List of Persons Who Hinder Humanitarian Access.--
            ``(1) In general.--Not later than 120 days after the date 
        of the enactment of the Caesar Syria Civilian Protection Act of 
        2016, the President shall submit to the appropriate 
        congressional committees a list of persons that the President 
        determines have engaged in hindering the prompt and safe access 
        for the United Nations, its specialized agencies and 
        implementing partners, national and international non-
        governmental organizations, and all other actors engaged in 
        humanitarian relief activities in Syria, including across 
        conflict lines and borders.
            ``(2) Updates of list.--The President shall submit to the 
        appropriate congressional committees an updated list under 
        paragraph (1)--
                    ``(A) not later than 300 days after the date of the 
                enactment of the Caesar Syria Civilian Protection Act 
                of 2016 and every 180 days thereafter; and
                    ``(B) as new information becomes available.
            ``(3) Form of report; public availability.--
                    ``(A) Form.--The list required by paragraph (1) 
                shall be submitted in unclassified form but may contain 
                a classified annex.
                    ``(B) Public availability.--The unclassified 
                portion of the list required by paragraph (1) shall be 
                made available to the public and posted on the websites 
                of the Department of the Treasury and the Department of 
                State.''; and
            (3) in section 706 (as so redesignated), by striking ``or 
        704'' and inserting ``704, or 705''.

TITLE III--REPORTS AND WAIVER FOR HUMANITARIAN-RELATED ACTIVITIES WITH 
                            RESPECT TO SYRIA

SEC. 301. REPORT ON MONITORING AND EVALUATING OF ONGOING ASSISTANCE 
              PROGRAMS IN SYRIA AND TO THE SYRIAN PEOPLE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State and the Administrator of 
the United States Agency for International Development shall submit to 
the Committee on Foreign Affairs of the House of Representatives and 
the Committee on Foreign Relations of the Senate a report on the 
monitoring and evaluation of ongoing assistance programs in Syria and 
to the Syrian people.
    (b) Matters To Be Included.--The report required by subsection (a) 
shall include--
            (1) the specific project monitoring and evaluation plans, 
        including measurable goals and performance metrics for 
        assistance in Syria; and
            (2) the major challenges to monitoring and evaluating 
        programs in Syria.

SEC. 302. REPORT ON CERTAIN PERSONS WHO ARE RESPONSIBLE FOR OR 
              COMPLICIT IN CERTAIN HUMAN RIGHTS VIOLATIONS IN SYRIA.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a detailed report with respect to whether each 
person described in subsection (b) is a person that meets the 
requirements described in section 702(b) of the Syria Human Rights 
Accountability Act of 2012 (22 U.S.C. 8791(b) for purposes of inclusion 
on the list of persons who are responsible for or complicit in certain 
human rights abuses under such section. For any such person who is not 
included in such report, the President should include in the report a 
description of the reasons why the person was not included, including 
information on whether sufficient credible evidence of responsibility 
for such abuses was found.
    (b) Persons Described.--The persons described in this subsection 
are the following:
            (1) Bashar Al-Assad.
            (2) Asma Al-Assad.
            (3) Rami Makhlouf.
            (4) Bouthayna Shaaban.
            (5) Walid Moallem.
            (6) Ali Al-Salim.
            (7) Wael Nader Al-Halqi.
            (8) Jamil Hassan.
            (9) Suhail Hassan.
            (10) Ali Mamluk.
            (11) Muhammed Khadour, Deir Ez Zor Military and Security.
            (12) Jamal Razzouq, Security Branch 243.
            (13) Munzer Ghanam, Air Force Intelligence.
            (14) Daas Hasan Ali, Branch 327.
            (15) Jassem Ali Jassem Hamad, Political Security.
            (16) Samir Muhammad Youssef, Military Intelligence.
            (17) Ali Ahmad Dayoub, Air Force Intelligence.
            (18) Khaled Muhsen Al-Halabi, Security Branch 335.
            (19) Mahmoud Kahila, Political Security.
            (20) Zuhair Ahmad Hamad, Provincial Security.
            (21) Wafiq Nasser, Security Branch 245.
            (22) Qussay Mayoub, Air Force Intelligence.
            (23) Muhammad Ammar Sardini, Political Security.
            (24) Fouad Hammouda, Military Security.
            (25) Hasan Daaboul, Branch 261.
            (26) Yahia Wahbi, Air Force Intelligence.
            (27) Okab Saqer, Security Branch 318.
            (28) Husam Luqa, Political Security.
            (29) Sami Al-Hasan, Security Branch 219.
            (30) Yassir Deeb, Political Security.
            (31) Ibrahim Darwish, Security Branch 220.
            (32) Nasser Deeb, Political Security.
            (33) Abdullatif Al-Fahed, Security Branch 290.
            (34) Adeeb Namer Salamah, Air Force Intelligence.
            (35) Akram Muhammed, State Security.
            (36) Reyad Abbas, Political Security.
            (37) Ali Abdullah Ayoub, Syrian Armed Forces.
            (38) Fahd Jassem Al-Freij, Defense Ministry.
            (39) Issam Halaq, Air Force.
            (40) Ghassan Al-Abdullah, General Intelligence Directorate.
            (41) Maher Al-Assad, Republican Guard.
            (42) Fahad Al-Farouch.
            (43) Rafiq Shahada, Military Intelligence.
            (44) Loay Al-Ali, Military Intelligence.
            (45) Nawfal Al-Husayn, Military Intelligence.
            (46) Muhammad Zamrini, Military Intelligence.
            (47) Muhammad Mahallah, Military Intelligence.
    (c) Form of Report; Public Availability.--
            (1) Form.--The list required by subsection (a) shall be 
        submitted in unclassified form, but may contain a classified 
        annex if necessary.
            (2) Public availability.--The unclassified portion of the 
        list required by paragraph (1) shall be made available to the 
        public and posted on the Web sites of the Department of the 
        Treasury and the Department of State.
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on 
        Financial Services, the Committee on Ways and Means, and the 
        Committee on the Judiciary of the House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Banking, Housing, and Urban Affairs, and the Committee on the 
        Judiciary of the Senate.

SEC. 303. ASSESSMENT OF POTENTIAL EFFECTIVENESS OF AND REQUIREMENTS FOR 
              THE ESTABLISHMENT OF SAFE ZONES OR A NO-FLY ZONE IN 
              SYRIA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committee a report that--
            (1) assesses the potential effectiveness, risks, and 
        operational requirements of the establishment and maintenance 
        of a no-fly zone over part or all of Syria, including--
                    (A) the operational and legal requirements for 
                United States and coalition air power to establish a 
                no-fly zone in Syria;
                    (B) the impact a no-fly zone in Syria would have on 
                humanitarian and counterterrorism efforts in Syria and 
                the surrounding region; and
                    (C) the potential for force contributions from 
                other countries to establish a no-fly zone in Syria; 
                and
            (2) assesses the potential effectiveness, risks, and 
        operational requirements for the establishment of one or more 
        safe zones in Syria for internally displaced persons or for the 
        facilitation of humanitarian assistance, including--
                    (A) the operational and legal requirements for 
                United States and coalition forces to establish one or 
                more safe zones in Syria;
                    (B) the impact one or more safe zones in Syria 
                would have on humanitarian and counterterrorism efforts 
                in Syria and the surrounding region; and
                    (C) the potential for contributions from other 
                countries and vetted non-state actor partners to 
                establish and maintain one or more safe zones in Syria.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may contain a classified annex if necessary.
    (c) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate.

SEC. 304. ASSISTANCE TO SUPPORT ENTITIES TAKING ACTIONS RELATING TO 
              GATHERING EVIDENCE FOR INVESTIGATIONS INTO WAR CRIMES OR 
              CRIMES AGAINST HUMANITY IN SYRIA SINCE MARCH 2011.

    (a) In General.--The Secretary of State, acting through the 
Assistant Secretary for Democracy, Human Rights and Labor and the 
Assistant Secretary for International Narcotics and Law Enforcement 
Affairs, is authorized to provide assistance to support entities that 
are conducting criminal investigations, building Syrian investigative 
capacity, supporting prosecutions in national courts, collecting 
evidence and preserving the chain of evidence for eventual prosecution 
against those who have committed war crimes or crimes against humanity 
in Syria, including the aiding and abetting of such crimes by foreign 
governments and organizations supporting the Government of Syria, since 
March 2011.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of State shall submit to the Committee on 
Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate a detailed report on assistance 
provided under subsection (a).

        TITLE IV--SUSPENSION OF SANCTIONS WITH RESPECT TO SYRIA

SEC. 401. SUSPENSION OF SANCTIONS WITH RESPECT TO SYRIA.

    (a) Suspension of Sanctions.--
            (1) Negotiations not concluding in agreement.--If the 
        President determines that internationally recognized 
        negotiations to resolve the violence in Syria have not 
        concluded in an agreement or are likely not to conclude in an 
        agreement, the President may suspend, as appropriate, in whole 
        or in part, the imposition of sanctions otherwise required 
        under this Act or any amendment made by this Act for a period 
        not to exceed 120 days, and renewable for additional periods 
        not to exceed 120 days, if the President submits to the 
        appropriate congressional committees in writing a determination 
        and certification that the Government of Syria has ended 
        military attacks against and gross violations of the human 
        rights of the Syrian people, specifically--
                    (A) the air space over Syria is no longer being 
                utilized by the Government of Syria and associated 
                forces to target civilian populations through the use 
                of incendiary devices, including barrel bombs, chemical 
                weapons, and conventional arms, including air-delivered 
                missiles and explosives;
                    (B) areas besieged by the Assad regime and 
                associated forces, including Hezbollah and irregular 
                Iranian forces, are no longer cut off from 
                international aid and have regular access to 
                humanitarian assistance, freedom of travel, and medical 
                care;
                    (C) the Government of Syria is releasing all 
                political prisoners forcibly held within the Assad 
                regime prison system, including the facilities 
                maintained by various security, intelligence, and 
                military elements associated with the Government of 
                Syria and allowed full access to the same facilities 
                for investigations by appropriate international human 
                rights organizations; and
                    (D) the forces of the Government of Syria and 
                associated forces, including Hezbollah, irregular 
                Iranian forces, and Russian government air assets, are 
                no longer engaged in deliberate targeting of medical 
                facilities, schools, residential areas, and community 
                gathering places, including markets, in flagrant 
                violation of international norms.
            (2) Negotiations concluding in agreement.--
                    (A) Initial suspension of sanctions.--If the 
                President determines that internationally recognized 
                negotiations to resolve the violence in Syria have 
                concluded in an agreement or are likely to conclude in 
                an agreement, the President may suspend, as 
                appropriate, in whole or in part, the imposition of 
                sanctions otherwise required under this Act or any 
                amendment made by this Act for a period not to exceed 
                120 days if the President submits to the appropriate 
                congressional committees in writing a determination and 
                certification that--
                            (i) in the case in which the negotiations 
                        are likely to conclude in an agreement--
                                    (I) the Government of Syria, the 
                                Syrian High Negotiations Committee or 
                                its successor, and appropriate 
                                international parties are participating 
                                in direct, face-to-face negotiations; 
                                and
                                    (II) the suspension of sanctions 
                                under this Act or any amendment made by 
                                this Act is essential to the 
                                advancement of such negotiations; and
                            (ii) the Government of Syria has 
                        demonstrated a commitment to a significant and 
                        substantial reduction in attacks on and 
                        violence against the Syrian people by the 
                        Government of Syria and associated forces.
                    (B) Renewal of suspension of sanctions.--The 
                President may renew a suspension of sanctions under 
                subparagraph (A) for additional periods not to exceed 
                120 days if, for each such additional period, the 
                President submits to the appropriate congressional 
                committees in writing a determination and certification 
                that--
                            (i) the conditions described in clauses (i) 
                        and (ii) of subparagraph (A) are continuing to 
                        be met;
                            (ii) the renewal of the suspension of 
                        sanctions is essential to implementing an 
                        agreement described in subparagraph (A) or 
                        making progress toward concluding an agreement 
                        described in subparagraph (A);
                            (iii) the Government of Syria and 
                        associated forces have ceased attacks against 
                        Syrian civilians; and
                            (iv) the Government of Syria has publically 
                        committed to negotiations for a transitional 
                        government in Syria and continues to 
                        demonstrate that commitment through sustained 
                        engagement in talks and substantive and 
                        verifiable progress towards the implementation 
                        of such an agreement.
            (3) Briefing and reimposition of sanctions.--
                    (A) Briefing.--Not later than 30 days after the 
                President submits to the appropriate congressional 
                committees a determination and certification in the 
                case of a renewal of suspension of sanctions under 
                paragraph (2)(B), and every 30 days thereafter, the 
                President shall provide a briefing to the appropriate 
                congressional committees on the status and frequency of 
                negotiations described in paragraph (2).
                    (B) Re-imposition of sanctions.--If the President 
                provides a briefing to the appropriate congressional 
                committees under subparagraph (A) with respect to which 
                the President indicates a lapse in negotiations 
                described in paragraph (2) for a period that equals or 
                exceeds 90 days, the sanctions that were suspended 
                under paragraph (2)(B) shall be re-imposed and any 
                further suspension of such sanctions is prohibited.
            (4) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Financial Services, the Committee on Ways and Means, 
                and the Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on the Judiciary of the Senate.
    (b) Sense of Congress To Be Considered for Determining a 
Transitional Government in Syria.--It is the sense of Congress that a 
transitional government in Syria is a government that--
            (1) is taking verifiable steps to release all political 
        prisoners and provided full access to Syrian prisons for 
        investigations by appropriate international human rights 
        organizations;
            (2) is taking verifiable steps to remove former senior 
        Syrian Government officials who are complicit in the 
        conception, implementation, or cover up of war crimes, crimes 
        against humanity, or human rights abuses from government 
        positions and any person subject to sanctions under any 
        provision of law;
            (3) is in the process of organizing free and fair elections 
        for a new government--
                    (A) to be held in a timely manner and scheduled 
                while the suspension of sanctions or the renewal of the 
                suspension of sanctions under this section is in 
                effect; and
                    (B) to be conducted under the supervision of 
                internationally recognized observers;
            (4) is making tangible progress toward establishing an 
        independent judiciary;
            (5) is demonstrating respect for and compliance with 
        internationally recognized human rights and basic freedoms as 
        specified in the Universal Declaration of Human Rights;
            (6) is taking steps to verifiably fulfill its commitments 
        under the Chemical Weapons Convention and the Treaty on the 
        Non-Proliferation of Nuclear Weapons and is making tangible 
        progress toward becoming a signatory to Convention on the 
        Prohibition of the Development, Production and Stockpiling of 
        Bacteriological (Biological) and Toxin Weapons and on their 
        Destruction, entered into force March 26, 1975, and adhering to 
        the Missile Technology Control Regime and other control lists, 
        as necessary;
            (7) has halted the development and deployment of ballistic 
        and cruise missiles; and
            (8) is taking verifiable steps to remove from positions of 
        authority within the intelligence and security services as well 
        as the military those who were in a position of authority or 
        responsibility during the conflict and who under the authority 
        of their position were implicated in or implicit in the 
        torture, extrajudicial killing, or execution of civilians, to 
        include those who were involved in decisionmaking or execution 
        of plans to use chemical weapons.

SEC. 402. WAIVERS AND EXEMPTIONS.

    (a) Exemptions.--The following activities and transactions shall be 
exempt from sanctions authorized under this Act:
            (1) 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 to any authorized intelligence activities of 
        the United States.
            (2) Any transaction necessary to comply with United States 
        obligations under--
                    (A) the Agreement between the United Nations and 
                the United States of America regarding the Headquarters 
                of the United Nations, signed at Lake Success June 26, 
                1947, and entered into force November 21, 1947; or
                    (B) the Convention on Consular Relations, done at 
                Vienna April 24, 1963, and entered into force March 19, 
                1967.
    (b) Humanitarian and Democracy Assistance Waiver.--
            (1) Statement of policy.--It shall be the policy of the 
        United States to fully utilize the waiver authority under this 
        subsection to ensure that adequate humanitarian relief or 
        support for democracy promotion is provided to the Syrian 
        people.
            (2) Waiver.--Except as provided in paragraph (5), the 
        President may waive, on a case-by-case basis, for a period not 
        to exceed 120 days, and renewable for additional periods not to 
        exceed 120 days, the application of sanctions authorized under 
        this Act with respect to a person if the President submits to 
        the appropriate congressional committees a written 
        determination that the waiver is necessary for purposes of 
        providing humanitarian assistance or support for democracy 
        promotion to the people of Syria.
            (3) Content of written determination.--A written 
        determination submitted under paragraph (1) with respect to a 
        waiver shall include a description of all notification and 
        accountability controls that have been employed in order to 
        ensure that the activities covered by the waiver are 
        humanitarian assistance or support for democracy promotion and 
        do not entail any activities in Syria or dealings with the 
        Government of Syria not reasonably related to humanitarian 
        assistance or support for democracy promotion.
            (4) Clarification of permitted activities under waiver.--
        The President may not impose sanctions authorized under this 
        Act against a humanitarian organization for--
                    (A) engaging in a financial transaction relating to 
                humanitarian assistance or for humanitarian purposes 
                pursuant to a waiver issued under paragraph (1);
                    (B) transporting goods or services that are 
                necessary to carry out operations relating to 
                humanitarian assistance or humanitarian purposes 
                pursuant to such a waiver; or
                    (C) having incidental contact, in the course of 
                providing humanitarian assistance or aid for 
                humanitarian purposes pursuant to such a waiver, with 
                individuals who are under the control of a foreign 
                person subject to sanctions under this Act or any 
                amendment made by this Act unless the organization or 
                its officers, members, representatives or employees 
                have engaged in (or the President knows or has 
                reasonable ground to believe is engaged in or is likely 
                to engage in) conduct described in section 
                212(a)(3)(B)(iv)(VI) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)).
            (5) Exception to waiver authority.--The President may not 
        exercise the waiver authority under paragraph (2) with respect 
        to a foreign person who has (or whose officers, members, 
        representatives or employees have) engaged in (or the President 
        knows or has reasonable ground to believe is engaged in or is 
        likely to engage in) conduct described in section 
        212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(B)(iv)(VI)).
    (c) Waiver.--
            (1) In general.--The President may, on a case-by-case basis 
        and for periods not to exceed 120 days, waive the application 
        of sanctions under this Act with respect to a foreign person if 
        the President certifies to the appropriate congressional 
        committees that such waiver is vital to the national security 
        interests of the United States.
            (2) Consultation.--
                    (A) Before waiver issued.--Not later than 5 days 
                before the issuance of a waiver under paragraph (1) is 
                to take effect, the President shall notify and brief 
                the appropriate congressional committees on the status 
                of the foreign person involvement in activities 
                described in this Act.
                    (B) After waiver issued.--Not later than 90 days 
                after the issuance of a waiver under paragraph (1), and 
                every 120 days thereafter if the waiver remains in 
                effect, the President shall brief the appropriate 
                congressional committees on the status of the foreign 
                person's involvement in activities described in this 
                Act.
            (3) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Financial Services, the Committee on Ways and Means, 
                and the Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on the Judiciary of the Senate.
    (d) Codification of Certain Services in Support of Nongovernmental 
Organizations' Activities Authorized.--
            (1) In general.--Except as provided in paragraph (2), 
        section 542.516 of title 31, Code of Federal Regulations 
        (relating to certain services in support of nongovernmental 
        organizations' activities authorized), as in effect on the day 
        before the date of the enactment of this Act, shall--
                    (A) remain in effect on and after such date of 
                enactment; and
                    (B) in the case of a nongovernmental organization 
                that is authorized to export or reexport services to 
                Syria under such section on the day before such date of 
                enactment, shall apply to such organization on and 
                after such date of enactment to the same extent and in 
                the same manner as such section applied to such 
                organization on the day before such date of enactment.
            (2) Exception.--Section 542.516 of title 31, Code of 
        Federal Regulations, as codified under paragraph (1), shall not 
        apply with respect to a foreign person who has (or whose 
        officers, members, representatives or employees have) engaged 
        in (or the President knows or has reasonable ground to believe 
        is engaged in or is likely to engage in) conduct described in 
        section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)).

       TITLE V--REGULATORY AUTHORITY, COST LIMITATION, AND SUNSET

SEC. 501. REGULATORY AUTHORITY.

    (a) In General.--The President shall, not later than 90 days after 
the date of the enactment of this Act, promulgate regulations as 
necessary for the implementation of this Act and the amendments made by 
this Act.
    (b) Notification to Congress.--Not less than 10 days before the 
promulgation of regulations under subsection (a), the President shall 
notify and provide to the appropriate congressional committees the 
proposed regulations and the provisions of this Act and the amendments 
made by this Act that the regulations are implementing.
    (c) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Financial Services of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate.

SEC. 502. COST LIMITATION.

    No additional funds are authorized to carry out the requirements of 
this Act and the amendments made by this Act. Such requirements shall 
be carried out using amounts otherwise authorized.

SEC. 503. SUNSET.

    This Act shall cease to be effective beginning on December 31, 
2021.

            Passed the House of Representatives November 15, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 5732

_______________________________________________________________________

                                 AN ACT

   To halt the wholesale slaughter of the Syrian people, encourage a 
 negotiated political settlement, and hold Syrian human rights abusers 
                     accountable for their crimes.