[Congressional Record Volume 170, Number 141 (Wednesday, September 11, 2024)]
[Senate]
[Pages S5986-S5989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3251. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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, insert the following:
SECTION 1228. SUPPORTING SYRIAN CIVILIANS.
(a) Short Titles.--This section may be cited as the
``Supporting Syrian Civilians Act'' or the ``Caesar Act
2.0''.
(b) Modifications to the Caesar Syria Civilian Protection
Act of 2019.--
(1) Caesar syria civilian protection act of 2019.--Section
7412(a) 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--
(A) in paragraph (1), by striking ``the President shall
impose'' and all that follows and inserting the following:
``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); or
``(ii) is owned or controlled by a foreign person described
in clause (i); and
``(B) may impose the sanctions described in subsection (b)
with respect to a foreign person that the Secretary of State
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
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 a
member of the Central Command, Central Committee, or Auditing
and Inspection Committee of such Party;'';
(II) in clause (ii), by striking ``; or'' and inserting a
semicolon;
(III) in clause (iii), by striking the semicolon at the end
and inserting ``; or''; and
(IV) by adding at the end the following:
``(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) 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 under the
direction or control of the Government of Syria;'';
(iii) in subparagraph (D), by striking ``or'' at the end;
(iv) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(v) by adding at the end the following:
``(F) purposefully engages in or directs--
``(i) the significant diversion of valuable 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 the significant misappropriation of
proceeds from the sale or resale of such significant diverted
goods or international humanitarian assistance, as the case
may be;
``(G) knowingly engages in, or attempts to engage in, the
significant seizure, confiscation, theft, or expropriation
for personal gain or political purposes of significant
property, including real property, in Syria or owned by a
citizen of Syria; or
``(H) knowingly and directly engages in, or attempts to
engage in, a transaction or transactions for or with seized,
confiscated, stolen, or expropriated property described in
subparagraph (G).''.
(2) Report on caesar syria civilian protection act of
2019.--
(A) Defined term.--In this paragraph, the term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Relations of the Senate;
(ii) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(iii) the Committee on Foreign Affairs of the House of
Representatives; and
(iv) the Committee on Financial Services of the House of
Representatives.
(B) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 3 years, the Secretary of the Treasury, with the
concurrence of the Secretary of State, shall submit a report
to the appropriate congressional committees describing the
implementation of sanctions under the Caesar Syria Civilian
Protection Act of 2019, as amended by this section.
[[Page S5987]]
(C) Elements.--Each report submitted pursuant to
subparagraph (B) shall describe--
(i) all individuals or entities sanctioned under the
authorities granted by the Caesar Syria Civilian Protection
Act of 2019;
(ii) all individuals and entities determined to be eligible
for sanction under the authorities granted by the Caesar
Syria Civilian Protection Act of 2019 who have not yet been
sanctioned under such authorities;
(iii) all individuals and entities currently under
consideration for sanction under the authorities granted by
the Caesar Syria Civilian Protection Act of 2019; and
(iv) the steps taken to explain to financial institutions
sanctions liability under the authorities granted by the
Caesar Syria Civilian Protection Act of 2019 and the date
such steps were taken.
(D) Form.--Each report required under subparagraph (B)
shall be submitted in an unclassified form, but may contain a
classified annex that is submitted separately from the
unclassified report.
(3) Exceptions.--Section 7432 of the Caesar Syria Civilian
Protection Act of 2019 (22 U.S.C. 8791 note) is amended to
read as follows:
``SEC. 7432. EXCEPTIONS.
``(a) Definitions.--In this section:
``(1) Agricultural commodity.--The term `agricultural
commodity' has the meaning given such term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
``(2) Good.--The term `good' means any article, natural or
manmade substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
``(3) Medical device.--The term `medical device' has the
meaning given the term `device' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
``(4) Medicine.--The term `medicine' has the meaning given
the term `drug' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
``(b) Exception to Comply With United Nations Headquarters
Agreement and Law Enforcement Activities.--Sanctions under
this Act shall not apply with respect to the admission of an
alien to the United States if admitting or paroling such
alien into the United States is necessary--
``(1) 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 of the
United States; or
``(2) to carry out or assist authorized law enforcement
activity in the United States.
``(c) Exception to Comply With Intelligence Activities.--
Sanctions under this Act shall not apply to 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 any
authorized intelligence activities of the United States.
``(d) Humanitarian Assistance.--Sanctions under this Act
shall not apply to--
``(1) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, or humanitarian assistance, or for other
humanitarian purposes; or
``(2) transactions that are necessary for, or related to,
the activities described in paragraph (1).''.
(4) 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, 2028''.
(5) Determinations with respect to the syria trust for
development.--
(A) Defined term.--In this paragraph, the term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Relations of the Senate;
(ii) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(iii) the Committee on Foreign Affairs of the House of
Representatives; and
(iv) the Committee on Financial Services of the House of
Representatives.
(B) Determinations.--Not later than 120 days after the date
of the enactment of this Act, the President shall--
(i) 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 paragraph (1);
(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
(ii) submit to the appropriate congressional committees
each such determination, including a justification for the
determination.
(C) Form.--Each determination required to be submitted
under subparagraph (B)(ii) 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.
(c) Statement of Policy Regarding the Prohibition of
Recognition of the Assad Regime.--It is the policy of the
United States--
(1) to not 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
(22 U.S.C. 8791 note);
(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 (84 Fed. Reg. 55851; relating to
blocking property and suspending entry of certain persons
contributing to the situation in Syria);
(3) to continue to actively advance the national interests
of the United States in Syria, including--
(A) counterterrorism and counternarcotic operations;
(B) the provision of humanitarian assistance to the Syrian
people, including earthquake-related early recovery; and
(C) significant diplomatic efforts towards the advancement
of a political solution to the Syrian conflict in adherence
with United Nations Security Council Resolution 2254 (2015);
and
(4) to take all necessary steps to secure--
(A) the release of Austin Tice and other hostages and
unjustly detained United States nationals within Syria; and
(B) the repatriation of the remains of United States
nationals killed by the Assad regime or by the Islamic State
in Syria, including Majd Kamalmaz, Kayla Mueller, James
Foley, Peter Kassig, and Steven Sotloff.
(d) Interagency Strategy to Counter Normalization With
Assad Regime.--
(1) Definitions.--In this section:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Relations of the Senate;
(ii) the Committee on the Judiciary of the Senate;
(iii) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(iv) the Committee on Foreign Affairs of the House of
Representatives;
(v) the Committee on the Judiciary of the House of
Representatives; and
(vi) the Committee on Financial Services of the House of
Representatives.
(B) Covered transaction.--The term ``covered transaction''
means a transaction, including an investment, grant,
contract, or donation (including a loan or other extension of
credit) by a foreign person that is a representative,
citizen, or entity incorporated exclusively under the laws of
the Republic of Turkiye, the United Arab Emirates, Egypt,
Jordan, Iraq, Oman, Bahrain, Kuwait, the Kingdom of Saudi
Arabia, Tunisia, Algeria, Morocco, Libya, or Lebanon to a
recipient located in any area of Syria controlled by the
Assad regime.
(2) Report required.--
(A) Submission.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for a
period not to exceed 3 years, the Secretary of State, in
consultation with the Secretary of the Treasury and the heads
of other appropriate Federal departments and agencies, shall
submit a report to the appropriate congressional committees
that describes--
(i) the steps taken or planned to be taken by foreign
governments to normalize or upgrade political, diplomatic, or
economic ties with the regime led by Bashar al-Assad in Syria
(referred to in this Act as the ``Assad regime''); and
(ii) the actions taken by the United States Government to
counter such steps.
(B) Elements.--The report submitted pursuant to
subparagraph (A) shall include--
(i) a description of--
(I) 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
(II) progress made towards achieving justice for the Syrian
people and accountability for the violators;
(ii) a list, including the identification of--
(I) any single covered transaction exceeding $2,500,000;
and
(II) any combination of covered transactions by the same
source within a 12-month period that exceed $2,500,000, in
the aggregate;
(iii) for each identified single transaction or aggregate
transactions, as the case may be, included in the list
described in clause (ii), 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 subsection (b);
(iv) 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 the use of economic
sanctions authorized by Federal 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);
[[Page S5988]]
(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 American Adversaries through Sanctions
Act (22 U.S.C. 9401 et seq.); and
(VII) the Foreign Narcotics Kingpin Designation Act (title
VIII of Public Law 106-120; 21 U.S.C. 1901 et seq.); and
(v) an assessment of how recognition of, or normalization
of relations with, the Assad regime by other governments
impacts--
(I) the national security of the United States;
(II) the material benefits of such recognition or
normalization to the Assad regime;
(III) the normalizing government prospects for the
implementation of United Nations Security Council Resolution
2254;
(IV) prospects for justice and accountability for war
crimes in Syria; and
(V) the benefits derived by the Government of the Russian
Federation or the Government of Iran.
(3) Temporal scope.--The initial report required under
paragraph (2) shall address the period beginning on January
1, 2022, and ending on the date of the enactment of this Act.
Each subsequent report shall address the 1-year period
immediately following the last day covered by the most
recently submitted report.
(4) Form.--Each report required under paragraph (2) shall
be submitted in an unclassified form, but may contain a
classified annex.
(e) Reports on Manipulation of United Nations by the Assad
Regime in Syria.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for a
period not to exceed 5 years, the Secretary of State shall
submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that describes the manipulation of the United
Nations by the Assad regime, including--
(A) 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;
(B) the 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, or persons designated for sanctions by United Nations
donor countries;
(C) an account of access restrictions imposed by the Assad
regime and the overall impact of such restrictions on the
ability of the United Nations to equitably deliver
international assistance to target beneficiaries in areas
outside the control of the Assad regime;
(D) a description of ways in which United Nations aid
directly benefits the Assad regime and its associates;
(E) 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;
(F) the 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 by the Assad
regime, which have received United Nations funding,
contracts, or grants or have otherwise entered into a
formalized partnership with the United Nations;
(G) an assessment of how the Assad regime sets arbitrary or
punitive exchange rates to extract funding from the United
Nations, and the total amount extracted by such means; and
(H) a strategy for--
(i) reducing the ability of the Assad regime to manipulate
or otherwise influence the United Nations and other aid
operations in Syria; and
(ii) ensuring that United States and international aid is
delivered in a neutral and impartial manner consistent with
basic humanitarian principles.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(f) Briefing Before Force Posture Change.--Not later than
15 days before any decision to withdraw United States forces
from any part of Syria where such forces are being deployed,
the Secretary of Defense and the Secretary of State shall
jointly brief the Committee on Foreign Relations of the
Senate, the Committee on Armed Services of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Armed Services of the House of
Representatives on the likely impacts of such withdrawal.
(g) Economic Support Funds for Syria.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the humanitarian situation in areas of northwest Syria
that are not controlled by the Assad regime remains dire,
which is due in large part to ongoing attacks, diversion of
cross-line assistance, and corruption by the Assad regime;
(B) Syrian refugees and their host communities--
(i) are under significant strain due to the prolonged
conflict in Syria; and
(ii) require significant assistance from the international
community;
(C) it remains unsafe for Syrian refugees to return to
Syria absent a formal cessation of hostilities and
significant implementation of the principles laid out in
United Nations Security Council Resolution 2254 (2015);
(D) the forced return of Syrian refugees to Syria absent
their consent or the aforementioned conditions violates the
principle of non-refoulement; and
(E) host countries must not forcibly return refugees to
Syria without their consent absent a formal cessation of
hostilities and significant implementation of the principles
laid out in United Nations Security Council Resolution 2254
(2015).
(2) Statement of policy.--It is the policy of the United
States--
(A) to provide humanitarian funding to northwest Syria
outside of mechanisms controlled by the Assad regime;
(B) to maintain basic services for communities in northwest
Syria outside of Assad regime control;
(C) to oppose the refoulement or otherwise forcible return
of Syrian refugees and provide significant assistance to
Syrian refugees and their host communities; and
(D) to work with partners and allies to support the efforts
described in subparagraphs (A) through (C).
(3) Authorization of appropriations for humanitarian
assistance for northwest syria.--There is authorized to be
appropriated, in addition to amounts already appropriated for
such purpose, $10,000,000 in Economic Support Funds for the
Syria Civil Defense (commonly known as the ``White
Helmets'').
(4) Report and strategy on stabilization funding for
northwest syria.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, shall submit a report
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that assesses--
(i) the feasibility of providing stabilization funding to
areas of northwest Syria that are not under the control the
Assad regime; and
(ii) the risks that such funds will be diverted and steps
to counter such risks.
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, but may contain a
classified annex.
(5) Authorization of appropriations.--
(A) Stabilization assistance for northwest syria.--
(i) In general.--There is authorized to be appropriated
$20,000,000 in Economic Support Funds for stabilization
funding in areas of northwest Syria that are not under the
control of the Assad Regime.
(ii) Briefing required.--None of the funds appropriated
pursuant to clause (i) may be expended until a senior
official of the Department of State provides a briefing
regarding such expenditure to--
(I) the Committee on Foreign Relations of the Senate;
(II) the Committee on Appropriations of the Senate;
(III) the Committee on Foreign Affairs of the House of
Representatives; and
(IV) the Committee on Appropriations of the House of
Representatives.
(B) Funds for syrian refugees and host communities.--There
is authorized to be appropriated $50,000,000 in Economic
Support Funds to support Syrian refugees and host communities
in the Middle East and North Africa.
(h) Countering Captagon Trafficking.--
(1) Report on strategy implementation.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 3 years, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives describing the implementation of the strategy
submitted by the Secretary of State pursuant to section
1238(c) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263).
(B) Elements.--Each report required under subparagraph (A)
shall include--
(i) the amount of funds obligated for the previous fiscal
year in support of the strategy referred to in such
subparagraph; and
(ii) a description of how such funds have supported each of
the elements described in such strategy.
(C) Form.--Each report required under subparagraph (A)
shall be submitted in an unclassified form, but may contain a
classified annex that is transmitted separately from the
unclassified report.
(2) Authorization of appropriations.--There is authorized
to be appropriated, in addition to any funds already
appropriated for such purpose, $10,000,000 from the
International Narcotics Control and Law Enforcement (INCLE)
account to counter the production and trafficking of Captagon
in the Middle East and North Africa, especially such
trafficking carried out by the Assad Regime and Hezbollah.
[[Page S5989]]
(i) Briefing on Steps to Free Austin Tice and Repatriate
American Remains From Syria.--
(1) Findings.--Congress finds the following:
(A) Austin Tice, an American journalist, was kidnaped on
August 14, 2012.
(B) Majd Kamalmaz, an American psychotherapist, was
detained by the Assad regime in February 2017, and
subsequently murdered in captivity by the Assad regime.
(C) Kayla Mueller and Peter Kassig, 2 American aid workers,
and James Foley and Steven Sotloff, 2 American journalists,
were all United States citizens who were murdered in Syria
while being held in captivity by the Islamic State.
(2) Sense of congress.--It is the Sense of Congress that
the United States Government should take all necessary
steps--
(A) to secure the release of Austin Tice and other
Americans unjustly detained in Syria; and
(B) to secure the return of the remains of Majd Kamalmaz,
Kayla Mueller, James Foley, Peter Kassig, and Steven Sotloff.
(3) Briefing required.--Not later than 90 days after the
date of the enactment of this Act and annually thereafter for
the following 5 years, the President shall provide a briefing
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
regarding--
(A) efforts by the United States Government--
(i) to secure the release of Austin Tice and other unjustly
detained Americans in Syria; and
(ii) to secure the return of the remains of Majd Kamalmaz,
Kayla Mueller, James Foley, Peter Kassig, Steven Sotloff, and
other United States nationals killed in captivity in Syria;
and
(B) the steps the United States Government is taking to
keep the families of such persons informed of its efforts to
secure the release of such persons or the return of their
remains.
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