[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 31 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 31
To require certain additional actions in connection with the national
emergency with respect to Syria, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2019
Mr. Engel (for himself, Mr. McCaul, Mr. Deutch, Mr. Kinzinger, Mr.
Cicilline, Mr. Yoho, Mr. Connolly, Mr. Fitzpatrick, Mr. Hastings, Mr.
Wilson of South Carolina, Mr. Panetta, Mr. Hill of Arkansas, Mr.
Brendan F. Boyle of Pennsylvania, Mr. Weber of Texas, Ms. Meng, Mr.
Chabot, Mr. Kildee, Mrs. Wagner, Mr. Suozzi, Mrs. Brooks of Indiana,
Mr. Moulton, Mr. Meadows, Mr. Ted Lieu of California, Mr. Rooney of
Florida, Mr. Lipinski, Mr. Stivers, Mr. Carson of Indiana, Mr. Hurd of
Texas, Mr. Schneider, Mr. Gallagher, Mr. Keating, Ms. Frankel, Mr.
Langevin, Mr. Levin of California, Mr. Sires, Ms. Kelly of Illinois,
and Ms. Eshoo) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Financial Services, 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 require certain additional actions in connection with the national
emergency with respect to 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.
This Act may be cited as the ``Caesar Syria Civilian Protection Act
of 2019''.
TITLE I--ADDITIONAL ACTIONS IN CONNECTION WITH THE NATIONAL EMERGENCY
WITH RESPECT TO SYRIA
SEC. 101. MEASURES WITH RESPECT TO CENTRAL BANK OF SYRIA.
(a) Determination Regarding Central Bank of Syria.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
the Treasury shall determine, under section 5318A of title 31, United
States Code, whether reasonable grounds exist for concluding that the
Central Bank of Syria is a financial institution of primary money
laundering concern.
(b) Enhanced Due Diligence and Reporting Requirements.--If the
Secretary of the Treasury determines under subsection (a) that
reasonable grounds exist for concluding that the Central Bank of Syria
is a financial institution of primary money laundering concern, the
Secretary, in consultation with the Federal functional regulators (as
defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)),
shall impose one or more of the special measures described in section
5318A(b) of title 31, United States Code, with respect to the Central
Bank of Syria.
(c) Report Required.--
(1) In general.--Not later than 90 days after making a
determination under subsection (a) as to whether or not the
Central Bank of Syria is a financial institution of primary
money laundering concern, the Secretary of the Treasury shall
submit to the appropriate congressional committees a report
that includes the reasons for the determination.
(2) Form.--A report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Appropriations of the Senate.
SEC. 102. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN
CERTAIN TRANSACTIONS.
(a) Imposition of Sanctions.--
(1) In general.--On and after the date that is 180 days
after the date of the enactment of this Act, the President
shall impose the sanctions described in subsection (b) with
respect to a foreign person if the President determines that
the foreign person, on or after such date of enactment,
knowingly engages 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 provides significant financial,
material, or technological support to, or knowingly
engages in a significant transaction with--
(i) the Government of Syria (including any
entity owned or controlled by the Government of
Syria) or a senior political figure of the
Government of Syria;
(ii) a foreign person that is a military
contractor, mercenary, or a paramilitary force
knowingly operating in a military capacity
inside Syria for or on behalf of the Government
of Syria, the Government of the Russian
Federation, or the Government of Iran; or
(iii) a foreign person subject to sanctions
pursuant to 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;
(B) knowingly sells or provides significant goods,
services, technology, information, or other support
that significantly facilitates the maintenance or
expansion of the Government of Syria's domestic
production of natural gas, petroleum, or petroleum
products;
(C) knowingly sells or provides aircraft or spare
aircraft parts that are used for military purposes in
Syria for or on behalf of the Government of Syria to
any foreign person operating in an area directly or
indirectly controlled by the Government of Syria or
foreign forces associated with the Government of Syria;
(D) knowingly provides significant goods or
services associated with the operation of aircraft that
are used for military purposes in Syria for or on
behalf of the Government of Syria to any foreign person
operating in an area described in subparagraph (C); or
(E) knowingly, directly or indirectly, provides
significant construction or engineering services to the
Government of Syria.
(3) Sense of congress.--It is the sense of Congress that,
in implementing this section, the President should consider
financial support under paragraph (2)(A) to include the
provision of loans, credits, or export credits.
(b) Sanctions Described.--
(1) In general.--The sanctions to be imposed with respect
to a foreign person subject to subsection (a) are the
following:
(A) Blocking of property.--The President shall
exercise all of the powers granted to the President
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in 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.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) 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,
has knowingly engaged in any activity described
in subsection (a)(2) 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.).
(ii) 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, in accordance with
section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry
documentation issued to an alien
described in clause (i) regardless of
when the visa or other entry
documentation is issued.
(II) Effect of revocation.--A
revocation under subclause (I)--
(aa) shall take effect
immediately; and
(bb) shall automatically
cancel any other valid visa or
entry documentation that is in
the alien's possession.
(2) 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 violates, attempts to violate, conspires to violate, or
causes a violation of regulations promulgated under section
303(b) to carry out paragraph (1)(A) to the same extent that
such penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply
with respect to an alien if admitting or paroling 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.
TITLE II--ASSISTANCE FOR THE PEOPLE OF SYRIA
SEC. 201. CODIFICATION OF CERTAIN SERVICES IN SUPPORT OF
NONGOVERNMENTAL ORGANIZATIONS' ACTIVITIES AUTHORIZED.
(a) In General.--Except as provided in subsection (b), 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--
(1) remain in effect on and after such date of enactment;
and
(2) 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, 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.
(b) Exception.--
(1) In general.--Section 542.516 of title 31, Code of
Federal Regulations, as codified under subsection (a), shall
not apply with respect to a foreign person that has been
designated as a foreign terrorist organization under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189), or
otherwise designated as a terrorist organization, by the
Secretary of State, in consultation with or upon the request of
the Attorney General or the Secretary of Homeland Security.
(2) Effective date.--Paragraph (1) shall apply with respect
to a foreign person on and after the date on which the
designation of that person as a terrorist organization is
published in the Federal Register.
SEC. 202. BRIEFING ON STRATEGY TO FACILITATE HUMANITARIAN ASSISTANCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall brief the appropriate
congressional committees on the strategy of the President to help
facilitate the ability of humanitarian organizations to access
financial services to help facilitate the safe and timely delivery of
assistance to communities in need in Syria.
(b) Consideration of Data From Other Countries and Nongovernmental
Organizations.--In preparing the strategy required by subsection (a),
the President shall consider credible data already obtained by other
countries and nongovernmental organizations, including organizations
operating in Syria.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate.
TITLE III--GENERAL PROVISIONS
SEC. 301. SUSPENSION OF SANCTIONS.
(a) In General.--The President may suspend in whole or in part the
imposition of sanctions otherwise required under this Act for periods
not to exceed 180 days if the President determines that the following
criteria have been met in Syria:
(1) The air space over Syria is no longer being utilized by
the Government of Syria or the Government of the Russian
Federation to target civilian populations through the use of
incendiary devices, including barrel bombs, chemical weapons,
and conventional arms, including air-delivered missiles and
explosives.
(2) Areas besieged by the Government of Syria, the
Government of the Russian Federation, the Government of Iran,
or a foreign person described in section 102(a)(2)(A)(ii) are
no longer cut off from international aid and have regular
access to humanitarian assistance, freedom of travel, and
medical care.
(3) The Government of Syria is releasing all political
prisoners forcibly held within the prison system of the regime
of Bashar al-Assad and the Government of Syria is allowing full
access to the same facilities for investigations by appropriate
international human rights organizations.
(4) The forces of the Government of Syria, the Government
of the Russian Federation, the Government of Iran, and any
foreign person described in section 102(a)(2)(A)(ii) are no
longer engaged in deliberate targeting of medical facilities,
schools, residential areas, and community gathering places,
including markets, in violation of international norms.
(5) The Government of Syria is--
(A) taking steps to verifiably fulfill its
commitments under the Convention on the Prohibition of
the Development, Production, Stockpiling and Use of
Chemical Weapons and on their Destruction, done at
Geneva September 3, 1992, and entered into force April
29, 1997 (commonly known as the ``Chemical Weapons
Convention''), and the Treaty on the Non-Proliferation
of Nuclear Weapons, done at Washington, London, and
Moscow July 1, 1968, and entered into force March 5,
1970 (21 UST 483); and
(B) making tangible progress toward becoming a
signatory to the Convention on the Prohibition of the
Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on
their Destruction, done at Washington, London, and
Moscow April 10, 1972, and entered into force March 26,
1975 (26 UST 583).
(6) The Government of Syria is permitting the safe,
voluntary, and dignified return of Syrians displaced by the
conflict.
(7) The Government of Syria is taking verifiable steps to
establish meaningful accountability for perpetrators of war
crimes in Syria and justice for victims of war crimes committed
by the Assad regime, including by participation in a credible
and independent truth and reconciliation process.
(b) Briefing Required.--Not later than 30 days after the President
makes a determination described in subsection (a), the President shall
provide a briefing to the appropriate congressional committees on the
determination and the suspension of sanctions pursuant to the
determination.
(c) Reimposition of Sanctions.--Any sanctions suspended under
subsection (a) shall be reimposed if the President determines that the
criteria described in that subsection are no longer being met.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President to terminate the
application of sanctions under section 102 with respect to a person
that no longer engages in activities described in subsection (a)(2) of
that section.
(e) Appropriate Congressional Committees Defined.--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, the
Committee on the Judiciary, and the Committee on Appropriations
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate.
SEC. 302. 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 law enforcement, national
security, or intelligence activities of the United States.
(2) Any transaction necessary to comply with United States
obligations under--
(A) 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;
(B) the Convention on Consular Relations, done at
Vienna April 24, 1963, and entered into force March 19,
1967; or
(C) any other international agreement to which the
United States is a party.
(b) Waiver.--
(1) In general.--The President may, for periods not to
exceed 180 days, waive the application of any provision of this
Act with respect to a foreign person if the President certifies
to the appropriate congressional committees that such a waiver
is in the national security interests of the United States.
(2) Briefing.--Not later than 90 days after the issuance of
a waiver under paragraph (1), and every 180 days thereafter
while the waiver remains in effect, the President shall brief
the appropriate congressional committees on the reasons for the
waiver.
(c) Humanitarian Waiver.--
(1) In general.--The President may waive, for renewable
periods not to exceed 2 years, the application of any provision
of this Act with respect to a nongovernmental organization
providing humanitarian assistance not covered by the
authorization described in section 201 if the President
certifies to the appropriate congressional committees that such
a waiver is important to address a humanitarian need and is
consistent with the national security interests of the United
States.
(2) Briefing.--Not later than 90 days after the issuance of
a waiver under paragraph (1), and every 180 days thereafter
while the waiver remains in effect, the President shall brief
the appropriate congressional committees on the reasons for the
waiver.
(d) Appropriate Congressional Committees Defined.--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, the
Committee on the Judiciary, and the Committee on Appropriations
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate.
SEC. 303. IMPLEMENTATION AND REGULATORY AUTHORITIES.
(a) Implementation Authority.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
for purposes of carrying out this Act.
(b) Regulatory Authority.--The President shall, not later than 180
days after the date of the enactment of this Act, promulgate
regulations as necessary for the implementation of this Act.
SEC. 304. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to limit the authority of the
President pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) or any other provision of law.
SEC. 305. SUNSET.
This Act shall cease to be effective on the date that is 5 years
after the date of the enactment of this Act.
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