[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3202 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 3202


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2024

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
  To prohibit any official action to recognize or normalize relations 
 with any Government of Syria that is led by Bashar al-Assad, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assad Regime Anti-Normalization Act 
of 2023''.

SEC. 2. MODIFICATIONS TO THE CAESAR SYRIA CIVILIAN PROTECTION ACT.

    (a) Caesar Syria Civilian Protection Act.--Section 7412 of the 
Caesar Syria Civilian Protection Act of 2019 (title LXXIV of the 
National Defense Authorization Act for Fiscal Year 2020; 22 U.S.C. 8791 
note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``the President 
                shall impose'' and all that follows through the end of 
                the paragraph and inserting ``the President--''
                    ``(A) shall impose the sanctions described in 
                subsection (b) with respect to a foreign person that 
                the President determines--
                            ``(i) knowingly engages, on or after such 
                        date of enactment, in an activity described in 
                        paragraph (2);
                            ``(ii) is an adult family member of a 
                        foreign person described in clause (i), unless 
                        the President determines there is clear and 
                        convincing evidence that such adult family 
                        member has disassociated themselves from the 
                        foreign person described in such clause and has 
                        no history of helping such foreign person 
                        conceal assets; or
                            ``(iii) is owned or controlled by a foreign 
                        person described in clause (i) or (ii); and
                    ``(B) may impose the sanctions described in 
                subsection (b) with respect to a foreign person that 
                the President determines knowingly provides, on or 
                after such date of enactment, significant financial, 
                material, or technological support to a foreign person 
                engaging in an activity described in any of 
                subparagraphs (B) through (H) of paragraph (2);''.
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) the Government of Syria (including 
                        any entity owned or controlled by the 
                        Government of Syria), a senior political figure 
                        of the Government of Syria, a member of the 
                        People's Assembly of Syria, or a senior foreign 
                        political figure (as such term is defined in 
                        section 101.605 of title 31, Code of Federal 
                        Regulations) of the Arab Socialist Ba'ath Party 
                        of Syria, including any such senior foreign 
                        political figure who is--
                                    ``(I) a member of the Central 
                                Command, Central Committee, or Auditing 
                                and Inspection Committee of such Party; 
                                or
                                    ``(II) a leader of a local branch 
                                of such Party;'';
                                    (II) in clause (ii), by striking 
                                ``; or'' and inserting a semicolon;
                                    (III) in clause (iii), by striking 
                                the semicolon and inserting ``; or''; 
                                and
                                    (IV) by adding at the end the 
                                following new clause:
                            ``(iv) Syria Arab Airlines, Cham Wings, or 
                        any foreign person owned or controlled by Syria 
                        Arab Airlines or Cham Wings;'';
                            (ii) by amending subparagraph (C) to read 
                        as follows:
                    ``(C) knowingly sells or provides aircraft or spare 
                aircraft parts--
                            ``(i) to the Government of Syria; or
                            ``(ii) 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;'';
                            (iii) in subparagraph (D), by striking ``; 
                        or'' and inserting a semicolon;
                            (iv) in subparagraph (E)--
                                    (I) by striking ``construction or 
                                engineering services'' and inserting 
                                ``construction, engineering, or 
                                commercial financial services''; and
                                    (II) by striking the closing period 
                                and inserting a semicolon; and
                            (v) by adding at the end the following new 
                        subparagraphs:
                    ``(F) purposefully engages in or directs--
                            ``(i) the diversion of goods (including 
                        agricultural commodities, food, medicine, and 
                        medical devices), or any international 
                        humanitarian assistance, intended for the 
                        people of Syria; or
                            ``(ii) the dealing in proceeds from the 
                        sale or resale of such diverted goods or 
                        international humanitarian assistance, as the 
                        case may be;
                    ``(G) knowingly, directly or indirectly, engages in 
                or attempts to engage in, the seizure, confiscation, 
                theft, or expropriation for personal gain or political 
                purposes of property, including real property, in Syria 
                or owned by a citizen of Syria;
                    ``(H) knowingly, directly or indirectly, engages in 
                or attempts to engage in a transaction or transactions 
                for or with such seized, confiscated, stolen, or 
                expropriated property described in subparagraph (G); or
                    ``(I) knowingly provides significant financial, 
                material, or technological support to a foreign person 
                engaging in an activity described in subparagraph 
                (A).''; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(4) Transaction defined.--For purposes of the 
        determination required by subparagraph (a)(2)(A), the term 
        `transaction' includes in-kind transactions.
            ``(5) Additional definitions.--In this section:
                    ``(A) Commercial financial services.--The term 
                `commercial financial services' means any transaction 
                between the Government of Syria and a foreign bank or 
                foreign financial institution operating in an area 
                under the control of the Government of Syria that has a 
                valuation of more than $5,000,000.
                    ``(B) Financial institution.--The term `financial 
                institution' means a financial institution specified in 
                any of subparagraphs (A) through (K), (M), (N), (P), 
                (R), (T), (Y), or (Z) of section 5312(a)(2) of title 
                31, United States Code.
            ``(6) Significant transaction clarified.--In this section, 
        the term `significant transaction' includes any natural gas, 
        electricity, or other energy-related transaction.''; and
            (2) by adding at the end the following new subsection:
    ``(c) Congressional Requests.--Not later than 120 days after 
receiving a request from the chairman and ranking member of one of the 
appropriate congressional committees with respect to whether a foreign 
person knowingly engages in an activity described in subsection (a)(2) 
the President shall--
            ``(1) make the determination specified in subsection (a)(1) 
        with respect to that foreign person; and
            ``(2) submit to such chairman and ranking member that 
        submitted the request a report with respect to such 
        determination that includes a statement of whether the 
        President has imposed or intends to impose the sanctions 
        described in subsection (b) with respect to that foreign 
        person.''.
    (b) Extension of Sunset.--Section 7438 of the Caesar Syria Civilian 
Protection Act of 2019 is amended by striking ``the date that is 5 
years after the date of the enactment of this Act'' and inserting 
``December 31, 2032''.
    (c) Determinations With Respect to Syria Trust for Development.--
            (1) Determinations.--Not later than 120 days after the 
        enactment of this Act, the President shall--
                    (A) determine whether the nonprofit organization 
                chaired by Asma Al-Assad, the First Lady of Syria, 
                known as the ``Syria Trust for Development'' meets the 
                criteria for the imposition of sanctions--
                            (i) under section 7412(a) of the Caesar 
                        Syria Civilian Protection Act of 2019, as 
                        amended by subsection (a);
                            (ii) under Executive Order No. 13894 (84 
                        Fed. Reg. 55851; relating to blocking property 
                        and suspending entry of certain persons 
                        contributing to the situation in Syria); or
                            (iii) by nature of being owned or 
                        controlled by a person designated under any 
                        executive order or regulation administered by 
                        the Office of Foreign Assets Control; and
                    (B) submit to the appropriate congressional 
                committees each such determination, including a 
                justification for the determination.
            (2) Form.--The determination under paragraph (1)(B) shall 
        be submitted in unclassified form, but the justification 
        specified in such paragraph may be included in a classified 
        annex. The unclassified determination shall be made available 
        on a publicly available website of the Federal government.
            (3) Sanctions relating to importation of goods unchanged.--
        Paragraph (1) may not be construed to create any new 
        authorities or requirements to impose sanctions on the 
        importation of goods.
            (4) Appropriate congressional committees defined.--In this 
        section, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Committee on Financial 
                Services of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Relations and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
    (d) Findings on Applicability With Respect to Syrian Arab Airlines, 
Cham Wings Airlines, and Related Entities.--Congress finds the 
following:
            (1) In 2013, the President identified Syrian Arab Airlines 
        as a blocked instrumentality or controlled entity of the 
        Government of Syria and concurrently sanctioned Syrian Arab 
        Airlines pursuant to Executive Order No. 13224 for acting for 
        or on behalf of the Islamic Revolutionary Guard Corps-Qods 
        Force of Iran.
            (2) In 2016, the President sanctioned Syria-based Cham 
        Wings Airlines pursuant to Executive Order No. 13582 for having 
        materially assisted, sponsored, or provided financial, 
        material, or technological support for, or goods or services in 
        support of, the Government of Syria and Syrian Arab Airlines.
            (3) Section 7412(a)(2)(A)(iii) of the Caesar Syria Civilian 
        Protection Act of 2019 (22 U.S.C. 8791 note) mandates the 
        application of sanctions against any foreign person that 
        ``knowingly provides significant financial, material, or 
        technological support to, or knowingly engages in a significant 
        transaction with * * * 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,'', which applies to airport service providers outside of 
        Syria.
    (e) Severability.--If any provision of this Act, or the application 
of such provision to any person or circumstance, is found to be 
unconstitutional, the remainder of this Act, or the application of that 
provision to other persons or circumstances, shall not be affected.

SEC. 3. PROHIBITION OF RECOGNITION OF ASSAD REGIME.

    (a) Statement of Policy.--It is the policy of the United States--
            (1) not to recognize or normalize relations with any 
        Government of Syria that is led by Bashar al-Assad due to the 
        Assad regime's ongoing crimes against the Syrian people, 
        including failure to meet the criteria outlined in section 
        7431(a) of the Caesar Syria Civilian Protection Act of 2019;
            (2) to actively oppose recognition or normalization of 
        relations by other governments with any Government of Syria 
        that is led by Bashar Al-Assad, including by fully implementing 
        the mandatory primary and secondary sanctions in the Caesar 
        Syria Civilian Protection Act of 2019 and Executive Order No. 
        13894; and
            (3) to use the full range of authorities, including those 
        provided under the Caesar Syria Civilian Protection Act of 2019 
        and Executive Order No. 13894, to deter reconstruction 
        activities in areas under the control of Bashar al-Assad.
    (b) Prohibition.--In accordance with subsection (a), no Federal 
official or employee may take any action, and no Federal funds may be 
made available, to recognize or otherwise imply, in any manner, United 
States recognition of Bashar al-Assad or any Government in Syria that 
is led by Bashar al-Assad.

SEC. 4. INTERAGENCY STRATEGY TO COUNTER NORMALIZATION WITH ASSAD 
              REGIME.

    (a) Report and Strategy Required.--
            (1) Submission.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter for 5 years, 
        the Secretary of State (in consultation with the Secretary of 
        the Treasury, the Administrator of the Drug Enforcement 
        Administration, and the heads of other appropriate Federal 
        departments and agencies) shall submit to the appropriate 
        congressional committees a report and strategy to describe and 
        counter actions taken or planned by foreign governments to 
        normalize, engage with, or upgrade political, diplomatic, or 
        economic ties with the regime led by Bashar al-Assad in Syria 
        (in this section referred to as the ``Assad regime'').
            (2) Elements.--The elements of the report under paragraph 
        (1) shall include--
                    (A) a description of violations of international 
                law and human rights abuses committed by Bashar al-
                Assad, the Government of the Russian Federation, or the 
                Government of Iran and progress towards justice and 
                accountability for the Syrian people;
                    (B) a full list of diplomatic meetings at the 
                Ambassador level or above, between the Syrian regime 
                and any representative of the Governments of Turkey, 
                the United Arab Emirates, Egypt, Jordan, Iraq, Oman, 
                Bahrain, Kuwait, the Kingdom of Saudi Arabia, Tunisia, 
                Algeria, Morocco, Libya, or Lebanon, respectively;
                    (C) a list including an identification of--
                            (i) any single covered transaction 
                        exceeding $500,000; and
                            (ii) any combination of covered 
                        transactions by the same source that, in 
                        aggregate, exceed $500,000 and occur within a 
                        single year;
                    (D) for each identified single transaction or 
                aggregate transactions, as the case may be, included in 
                the list described in subparagraph (C), a determination 
                of whether such transaction subjects any of the parties 
                to the transaction to sanctions under the Caesar Syria 
                Civilian Protection Act of 2019, as amended by section 
                2;
                    (E) a description of the steps the United States is 
                taking to actively deter recognition or normalization 
                of relations by other governments with the Assad 
                regime, including specific diplomatic engagements and 
                use of economic sanctions authorized by statutes or 
                implemented through Executive orders, including--
                            (i) the Caesar Syria Civilian Protection 
                        Act of 2019 (22 U.S.C. 8791 note);
                            (ii) the Syria Accountability and Lebanese 
                        Sovereignty Restoration Act (22 U.S.C. 2151 
                        note);
                            (iii) the Comprehensive Iran Sanctions, 
                        Accountability, and Divestment Act of 2010 (22 
                        U.S.C. 8501 et seq.);
                            (iv) Executive Order No. 13894 (84 Fed. 
                        Reg. 55851; relating to blocking property and 
                        suspending entry of certain persons 
                        contributing to the situation in Syria);
                            (v) the Global Magnitsky Human Rights 
                        Accountability Act (22 U.S.C. 10101 et seq.);
                            (vi) the Countering America's Adversaries 
                        Through Sanctions Act (22 U.S.C. 9401 et seq.); 
                        and
                            (vii) the Foreign Narcotics Kingpin 
                        Designation Act (21 U.S.C. 1901 et seq.); and
                    (F) an assessment of how recognition or 
                normalization of relations by other governments with 
                the Assad regime impacts the national security of the 
                United States, prospects for implementation of the 
                United Nations Security Council Resolution 2254, 
                prospects for justice and accountability for war crimes 
                in Syria, and the benefits derived by the Government of 
                the Russian Federation or the Government of Iran.
    (b) Scope.--The initial report required by subsection (a) shall 
address the period beginning on January 1, 2021, and ending on the date 
of the enactment of this Act, and each subsequent report shall address 
the one-year period following the conclusion of the scope of the prior 
report.
    (c) Form.--Each report under subsection (a) shall be submitted in 
an unclassified form, but may contain a classified annex. The 
unclassified section of such a report shall be made publicly available 
on a website of the United States Federal Government.
    (d) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on the 
        Judiciary, the Committee on Financial Services, the Committee 
        on Appropriations, and the Permanent Select Committee on 
        Intelligence of the House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        the Judiciary, the Committee on Banking, Housing, and Urban 
        Affairs, the Committee on Appropriations, and the Select 
        Committee on Intelligence of the Senate.
    (e) Covered Transaction Defined.--In this section, the term 
``covered transaction'' means a transaction, including an investment, 
grant, contract, or donation (including a loan or other extension of 
credit)--
            (1) by a foreign person located in Turkey, the United Arab 
        Emirates, Egypt, Jordan, Iraq, Oman, Bahrain, Kuwait, the 
        Kingdom of Saudi Arabia, Tunisia, Algeria, Morocco, Libya, or 
        Lebanon; to
            (2) a recipient in any area of Syria held by the Assad 
        regime.

SEC. 5. REPORTS ON MANIPULATION OF UNITED NATIONS BY ASSAD REGIME IN 
              SYRIA.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter for 5 years, 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 
report on the manipulation of the United Nations by the regime led by 
Bashar al-Assad in Syria (in this section referred to as the ``Assad 
regime''), including--
            (1) a description of conditions, both explicit and 
        implicit, set by the Assad regime with respect to United 
        Nations operations in Syria including with respect to 
        implementing partners, hiring practices, allocation of grants 
        and contracts, and procurement of goods and services;
            (2) a description of the extent to which the United Nations 
        has rejected or otherwise opposed any of the conditions 
        described in paragraph (1);
            (3) an identification of officials or employees of the 
        United Nations (including funds, programs and specialized 
        agencies of the United Nations) with ties to the Assad regime, 
        including family ties, or persons designated for sanctions by 
        United Nations donor countries;
            (4) a full account of access restrictions imposed by the 
        Assad regime and the overall impact on the ability of the 
        United Nations to deliver international assistance to target 
        beneficiaries in areas outside regime control;
            (5) a description of ways in which United Nations aid 
        improperly benefits the Assad regime and its associates in 
        defiance of basic humanitarian principles;
            (6) a description of the due diligence mechanisms and 
        vetting procedures in place to ensure entities contracted by 
        the United Nations to ensure goods, supplies, or services 
        provided to Syria do not have links to the Assad regime, known 
        human rights abusers, or persons designated for sanctions by 
        United Nations donor countries;
            (7) an identification of entities affiliated with the Assad 
        regime, including the Syria Trust for Development and the 
        Syrian Arab Red Crescent, foreign government ministries, and 
        private corporations owned or controlled directly or indirectly 
        by the Assad regime, that have received United Nations funding, 
        contracts, or grants or have otherwise entered into a 
        formalized partnership with the United Nations;
            (8) an assessment of how the Assad regime sets arbitrary or 
        punitive exchange rates to extract funding from the United 
        Nations, as well as the total amount extracted by such means;
            (9) an assessment of the degree to which the various forms 
        of manipulation described in this section has resulted in 
        compromises of the humanitarian principles of humanity, 
        neutrality, impartiality, and independence of the United 
        Nations; and
            (10) a strategy to reduce the ability of the Assad regime 
        to manipulate or otherwise influence the United Nations and 
        other aid operations in Syria and ensure United States and 
        international aid is delivered in a neutral and impartial 
        manner consistent with basic humanitarian principles.

            Passed the House of Representatives February 14, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.