[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2419-S2421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 253. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

       Subtitle A--Limitation on Diplomatic Relations With Syria

     SECTION 12_1. SHORT TITLE.

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

     SEC. 12_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'

[[Page S2420]]

     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) Removal of Exception Relating to Importation of 
     Goods.--The Caesar Syria Civilian Protection Act of 2019, as 
     amended by subsection (a), is further amended--
       (1) by striking section 7434; and
       (2) by redesignating sections 7435 through 7438 as sections 
     7434 through 7437, respectively.
       (c) Extension of Sunset.--Section 7437 of the Caesar Syria 
     Civilian Protection Act of 2019, as redesignated by 
     subsection (b)(2), is amended by striking ``the date that is 
     5 years after the date of the enactment of this Act'' and 
     inserting ``December 31, 2032''.
       (d) Determinations With Respect to Syria Trust for 
     Development.--
       (1) Defined term.--In this subsection, the term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (D) the Committee on Armed Services of the House of 
     Representatives;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (F) the Committee on Financial Services of the House of 
     Representatives.
       (2) 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 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.
       (3) Form.--The determination made pursuant to paragraph 
     (2)(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.
       (e) 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 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 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.
       (f) Severability.--If any provision of this subtitle, or 
     the application of such provision to any person or 
     circumstance, is found to be unconstitutional, the remainder 
     of this subtitle, or the application of that provision to 
     other persons or circumstances, shall not be affected.

     SEC. 12_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 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 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. 12_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 (referred to in this section 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 12_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 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

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     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) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Select Committee on Intelligence of the Senate;
       (F) the Committee on Foreign Affairs of the House of 
     Representatives;
       (G) the Committee on the Judiciary of the House of 
     Representatives;
       (H) the Committee on Financial Services of the House of 
     Representatives;
       (I) the Committee on Appropriations of the House of 
     Representatives; and
       (J) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Covered transaction.--The term ``covered transaction'' 
     means a transaction, including an investment, grant, 
     contract, or donation (including a loan or other extension of 
     credit) that--
       (A) is provided 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; and
       (B) is received by a person or entity in any area of Syria 
     held by the Assad regime.

     SEC. 12_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 
     (referred to in this section 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.
                                 ______