[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1677 Engrossed in House (EH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1677
_______________________________________________________________________
AN ACT
To halt the wholesale slaughter of the Syrian people, encourage a
negotiated political settlement, and hold Syrian human rights abusers
accountable for their crimes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Caesar Syria
Civilian Protection Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Statement of policy.
TITLE I--ADDITIONAL ACTIONS IN CONNECTION WITH THE NATIONAL EMERGENCY
WITH RESPECT TO SYRIA
Sec. 101. Sanctions with respect to Central Bank of Syria and foreign
persons that engage in certain
transactions.
Sec. 102. Prohibitions with respect to the transfer of arms and related
materials to Syria.
Sec. 103. Rule of construction.
Sec. 104. Definitions.
TITLE II--AMENDMENTS TO SYRIA HUMAN RIGHTS ACCOUNTABILITY ACT OF 2012
Sec. 201. Imposition of sanctions with respect to certain persons who
are responsible for or complicit in human
rights abuses committed against citizens of
Syria or their family members.
Sec. 202. Imposition of sanctions with respect to the transfer of goods
or technologies to Syria that are likely to
be used to commit human rights abuses.
Sec. 203. Imposition of sanctions with respect to persons who hinder
humanitarian access.
Sec. 204. Report on certain persons who are responsible for or
complicit in certain human rights abuses in
Syria.
TITLE III--REPORTS AND WAIVER FOR HUMANITARIAN-RELATED ACTIVITIES WITH
RESPECT TO SYRIA
Sec. 301. Briefing on monitoring and evaluating of ongoing assistance
programs in Syria and to the Syrian people.
Sec. 302. Assessment of potential methods to enhance the protection of
civilians.
Sec. 303. Assistance to support entities taking actions relating to
gathering evidence for investigations into
war crimes or crimes against humanity in
Syria since March 2011.
TITLE IV--SUSPENSION OF SANCTIONS WITH RESPECT TO SYRIA
Sec. 401. Suspension of sanctions with respect to Syria.
Sec. 402. Waivers and exemptions.
TITLE V--REGULATORY AUTHORITY, COST LIMITATION, AND SUNSET
Sec. 501. Implementation and regulatory authorities.
Sec. 502. Cost limitation.
Sec. 503. Authority to consolidate reports.
Sec. 504. Sunset.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Bashar al-Assad's murderous actions against the people
of Syria have directly contributed to the deaths of more than
480,000 civilians, led to the destruction of more than 50
percent of Syria's critical infrastructure, and forced the
displacement of more than 14 million people, precipitating one
of the worst humanitarian crises in more than 60 years;
(2) international actions to protect vulnerable populations
from attack by uniformed and irregular forces associated with
the Assad regime, including Hezbollah, on land and by air,
including through the use of barrel bombs, chemical weapons,
mass starvation, industrial-scale torture and execution of
political dissidents, sniper attacks against pregnant women,
and the deliberate targeting of medical facilities, schools,
residential areas, and community gathering places, including
markets, have been insufficient to date;
(3) Assad's use of chemical weapons, including chlorine,
against the Syrian people violates the Chemical Weapons
Convention, to which Syria is a party;
(4) Assad's abhorrent use of chemical weapons, most
recently on April 4, 2017, in an attack on the town of Khan
Shakhyn in which more than 90 people died, including women and
children, and more than 600 hundred people were injured, is
condemned in the strongest terms;
(5) violent attacks resulting in death, injury,
imprisonment or threat of prosecution against humanitarian aid
workers and diplomatic personnel, as well as attacks on
humanitarian supplies, facilities, transports, and assets, and
acts to impede the access and secure movement of all
humanitarian personnel are in violation of international
humanitarian law and impede the lifesaving work of humanitarian
organizations and diplomatic institutions; and
(6) Assad's continued claim of leadership and war crimes in
Syria have served as a rallying point for the extremist
ideology of the Islamic State, Jabhat al-Nusra, and other
terrorist organizations.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States that all diplomatic and
coercive economic means should be utilized to compel the government of
Bashar al-Assad to immediately halt the wholesale slaughter of the
Syrian people and to support an immediate transition to a democratic
government in Syria that respects the rule of law, human rights, and
peaceful co-existence with its neighbors.
TITLE I--ADDITIONAL ACTIONS IN CONNECTION WITH THE NATIONAL EMERGENCY
WITH RESPECT TO SYRIA
SEC. 101. SANCTIONS WITH RESPECT TO CENTRAL BANK OF SYRIA AND FOREIGN
PERSONS THAT ENGAGE IN CERTAIN TRANSACTIONS.
(a) Application of Certain Measures to Central Bank of Syria.--
Except as provided in subsections (a) and (b) of section 402, the
President shall apply the measures described in section 5318A(b)(5) of
title 31, United States Code, to the Central Bank of Syria.
(b) Blocking Property of Foreign Persons That Engage in Certain
Transactions.--
(1) In general.--Beginning on and after the date that is 30
days after the date of the enactment of this Act, the President
shall impose on a foreign person the sanctions described in
subsection (c) if the President determines that such foreign
person, 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 (including
engaging in or facilitating a significant transaction
or transactions with) or provides significant financial
services for--
(i) the Government of Syria (including
government entities operating as a business
enterprise) and the Central Bank of Syria, or
any of its agencies or instrumentalities; or
(ii) a foreign person subject to sanctions
pursuant to--
(I) the International Emergency
Economic Powers Act (50 U.S.C. 1701 et
seq.) with respect to Syria or any
other provision of law that imposes
sanctions with respect to Syria; or
(II) a resolution that is agreed to
by the United Nations Security Council
that imposes sanctions with respect to
Syria;
(B) knowingly--
(i) sells or provides significant goods,
services, technology, information, or other
support that directly and significantly
facilitates the maintenance or expansion of the
Government of Syria's domestic production of
natural gas or petroleum or petroleum products
of Syrian origin in areas controlled by the
Government of Syria or associated forces;
(ii) sells or provides to the Government of
Syria crude oil or condensate, refined
petroleum products, liquefied natural gas, or
petrochemical products that have a fair market
value of $500,000 or more or that during a 12-
month period have an aggregate fair market
value of $2,000,000 or more in areas controlled
by the Government of Syria or associated
forces;
(iii) sells or provides aircraft or spare
parts, or provides significant goods, services,
or technologies associated with the operation
of such aircraft or air carriers to any foreign
person operating in areas controlled by the
Government of Syria or associated forces that
are used, in whole or in part, for military
purposes; or
(iv) sells or provides significant goods,
services, or technology to a foreign person
operating in the shipping (including ports and
free trade zones), transportation, or
telecommunications sectors in areas controlled
by the Government of Syria or associated
forces;
(C) knowingly facilitates efforts by a foreign
person to carry out an activity described in
subparagraph (A) or (B); or
(D) knowingly provides significant loans, credits,
including export credits, or financing to carry out an
activity described in subparagraph (A) or (B).
(c) Sanctions Against a Foreign Person.--The sanctions to be
imposed on a foreign person described in subsection (b) are the
following:
(1) In general.--The President shall exercise all 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.
(2) Aliens ineligible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien who the
Secretary of State or the Secretary of Homeland
Security (or a designee of one of such Secretaries)
knows, or has reason to believe, meets any of the
criteria described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall revoke any
visa or other entry documentation issued to an
alien who meets any of the criteria described
in subsection (a) regardless of when issued.
(ii) Effect of revocation.--A revocation
under clause (i)--
(I) shall take effect immediately;
and
(II) shall automatically cancel any
other valid visa or entry documentation
that is in the alien's possession.
(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (2) shall not apply to an
alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(4) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that knowingly violates, attempts to violate, conspires to
violate, or causes a violation of regulations promulgated under
section 501(a) to carry out paragraph (1) of this subsection to
the same extent that such penalties apply to a person that
knowingly commits an unlawful act described in section 206(a)
of that Act.
SEC. 102. PROHIBITIONS WITH RESPECT TO THE TRANSFER OF ARMS AND RELATED
MATERIALS TO SYRIA.
(a) Sanctions.--
(1) In general.--Beginning on and after the date that is 30
days after the date of the enactment of this Act, the President
shall impose on a foreign person the sanctions described in
subsection (b) if the President determines that such foreign
person, on or after such date of enactment, knowingly exports,
transfers, or provides significant financial, material, or
technological support to the Government of Syria to--
(A) acquire or develop chemical, biological, or
nuclear weapons or related technologies;
(B) acquire or develop ballistic or cruise missile
capabilities;
(C) acquire or develop destabilizing numbers and
types of advanced conventional weapons; or
(D) acquire defense articles, defense services, or
defense information (as such terms are defined under
the Arms Export Control Act (22 U.S.C. 2751 et seq.)),
if the President determines that a significant type or
amount of such articles, services, or information has
been so acquired.
(2) Applicability to other foreign persons.--The sanctions
described in subsection (b) shall also be imposed on any
foreign person that is a successor entity to a foreign person
described in paragraph (1).
(b) Sanctions Against a Foreign Person.--The sanctions to be
imposed on a foreign person described in subsection (a) are the
following:
(1) In general.--The President shall exercise all powers
granted by the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) to the extent necessary to freeze and
prohibit all transactions in all property and interests in
property of the foreign person if such property and interests
in property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(2) Aliens ineligible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien who the
Secretary of State or the Secretary of Homeland
Security (or a designee of one of such Secretaries)
knows, or has reason to believe, meets any of the
criteria described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall revoke any
visa or other entry documentation issued to an
alien who meets any of the criteria described
in subsection (a) regardless of when issued.
(ii) Effect of revocation.--A revocation
under clause (i)--
(I) shall take effect immediately;
and
(II) shall automatically cancel any
other valid visa or entry documentation
that is in the alien's possession.
(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (2) shall not apply to an
alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(4) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of any
regulation, license, or order issued to carry out this section
shall be subject to the penalties set forth in subsections (b)
and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person that
commits an unlawful act described in subsection (a) of that
section.
SEC. 103. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to limit the authority of
the President pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.).
SEC. 104. DEFINITIONS.
In this title:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given such terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Financial, material, or technological support.--The
term ``financial, material, or technological support'' has the
meaning given such term in section 542.304 of title 31, Code of
Federal Regulations, as such section was in effect on the date
of the enactment of this Act.
(3) Foreign person.--The term ``foreign person'' means any
citizen or national of a foreign country, or any entity not
organized solely under the laws of the United States or
existing solely in the United States.
(4) Government of syria.--The term ``Government of Syria''
has the meaning given such term in section 542.305 of title 31,
Code of Federal Regulations, as such section was in effect on
the date of the enactment of this Act.
(5) Knowingly.--The term ``knowingly'' has the meaning
given such term in section 566.312 of title 31, Code of Federal
Regulations, as such section was in effect on the date of the
enactment of this Act.
(6) Person.--The term ``person'' means an individual or
entity.
(7) Petroleum or petroleum products of syrian origin.--The
term ``petroleum or petroleum products of Syrian origin'' has
the meaning given such term in section 542.314 of title 31,
Code of Federal Regulations, as such section was in effect on
the date of the enactment of this Act.
(8) Significant transaction or transactions; significant
financial services.--A transaction or transactions or financial
services shall be determined to be a significant for purposes
of this section in accordance with section 566.404 of title 31,
Code of Federal Regulations, as such section was in effect on
the date of the enactment of this Act.
(9) Syria.--The term ``Syria'' has the meaning given such
term in section 542.316 of title 31, Code of Federal
Regulations, as such section was in effect on the date of the
enactment of this Act.
(10) United states person.--The term ``United States
person'' means any United States citizen, permanent resident
alien, entity organized under the laws of the United States
(including foreign branches), or any person in the United
States.
TITLE II--AMENDMENTS TO SYRIA HUMAN RIGHTS ACCOUNTABILITY ACT OF 2012
SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN PERSONS WHO
ARE RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES
COMMITTED AGAINST CITIZENS OF SYRIA OR THEIR FAMILY
MEMBERS.
(a) In General.--Section 702(c) of the Syria Human Rights
Accountability Act of 2012 (22 U.S.C. 8791(c)) is amended to read as
follows:
``(c) Sanctions Described.--
``(1) In general.--The President shall exercise all powers
granted by the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) to the extent necessary to freeze and
prohibit all transactions in all property and interests in
property of a person on the list required by subsection (b) if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
``(2) Aliens ineligible for visas, admission, or parole.--
``(A) Visas, admission, or parole.--An alien who
the Secretary of State or the Secretary of Homeland
Security (or a designee of one of such Secretaries)
knows, or has reason to believe, meets any of the
criteria described in subsection (b) is--
``(i) inadmissible to the United States;
``(ii) ineligible to receive a visa or
other documentation to enter the United States;
and
``(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
``(B) Current visas revoked.--
``(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall revoke any
visa or other entry documentation issued to an
alien who meets any of the criteria described
in subsection (b) regardless of when issued.
``(ii) Effect of revocation.--A revocation
under clause (i)--
``(I) shall take effect
immediately; and
``(II) shall automatically cancel
any other valid visa or entry
documentation that is in the alien's
possession.
``(3) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
``(4) Regulatory authority.--The President shall, not later
than 180 days after the date of the enactment of this section,
promulgate regulations as necessary for the implementation of
this section.
``(5) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (2) shall not apply to an
alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
``(6) Rule of construction.--Nothing in this section shall
be construed to limit the authority of the President pursuant
to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), relevant Executive orders, regulations, or other
provisions of law.''.
(b) Serious Human Rights Abuses Described.--Section 702 of the
Syria Human Rights Accountability Act of 2012 (22 U.S.C. 8791) is
amended by adding at the end the following:
``(d) Serious Human Rights Abuses Described.--In subsection (b),
the term `serious human rights abuses' includes--
``(1) the deliberate targeting of civilian infrastructure
to include schools, hospitals, markets, and other
infrastructure that is essential to human life, such as power
and water systems; and
``(2) the deliberate diversion, hindering, or blocking of
access for humanitarian purposes, including access across
conflict lines and borders.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act and shall
apply with respect to the imposition of sanctions under section 702(a)
of the Syria Human Rights Accountability Act of 2012 on after such date
of enactment.
SEC. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS
OR TECHNOLOGIES TO SYRIA THAT ARE LIKELY TO BE USED TO
COMMIT HUMAN RIGHTS ABUSES.
Section 703(b)(2)(C) of the Syria Human Rights Accountability Act
of 2012 (22 U.S.C. 8792(b)(2)(C)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(iii) any article--
``(I) designated by the President
for purposes of the United States
Munitions List under section 38(a)(1)
of the Arms Export Control Act (22
U.S.C. 2778(a)(1)); and
``(II) with respect to which the
President determines is significant for
purposes of the imposition of sanctions
under subsection (a); or
``(iv) other goods or technologies that the
President determines may be used by the
Government of Syria to commit human rights
abuses against the people of Syria.''.
SEC. 203. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO HINDER
HUMANITARIAN ACCESS.
(a) In General.--The Syria Human Rights Accountability Act of 2012
(22 U.S.C. 8791 et seq.) is amended--
(1) by redesignating sections 705 and 706 as sections 706
and 707, respectively;
(2) by inserting after section 704 the following:
``SEC. 705. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO HINDER
HUMANITARIAN ACCESS.
``(a) In General.--The President shall impose sanctions described
in section 702(c) with respect to each person on the list required by
subsection (b).
``(b) List of Persons Who Hinder Humanitarian Access.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Caesar Syria Civilian Protection Act of
2017, the President shall submit to the appropriate
congressional committees a list of persons that the President
determines have engaged in deliberate diversion, hindering, or
blocking of access for humanitarian purposes for the United
Nations, its specialized agencies and implementing partners,
national and international nongovernmental organizations, and
all other actors engaged in humanitarian relief activities in
Syria, including through the deliberate targeting of such
humanitarian actors and activities in Syria and across conflict
lines and borders.
``(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
``(A) not later than 300 days after the date of the
enactment of the Caesar Syria Civilian Protection Act
of 2017 and every 180 days thereafter; and
``(B) as new information becomes available.
``(3) Form.--The list required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.''; and
(3) in section 706 (as so redesignated), by striking ``or
704'' and inserting ``704, or 705''.
(b) Clerical Amendment.--The table of contents for the Syria Human
Rights Accountability Act of 2012 is amended by inserting after the
item relating to section 704 the following new item:
``Sec. 705. Imposition of sanctions with respect to persons who hinder
humanitarian access.''.
SEC. 204. REPORT ON CERTAIN PERSONS WHO ARE RESPONSIBLE FOR OR
COMPLICIT IN CERTAIN HUMAN RIGHTS ABUSES IN SYRIA.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a detailed report with respect to whether each
person described in subsection (c) meets the requirements described in
section 702(b) of the Syria Human Rights Accountability Act of 2012 (22
U.S.C. 8791(b)) for purposes of inclusion on the list of persons who
are responsible for or complicit in certain human rights abuses under
such section.
(b) Justification.--The President shall include in the report
required by subsection (a) a description of the reasons why any of the
persons described in subsection (c) do not meet the requirements
described in section 702(b) of the Syria Human Rights Accountability
Act of 2012 (22 U.S.C. 8791(b)), including information on whether
sufficient credible evidence of responsibility for such abuses was
found or whether any of the persons described in subsection (c) have
been designated pursuant to--
(1) Executive Order No. 13572 of April 29, 2011 (76 Fed.
Reg. 24787; relating to blocking property of certain persons
with respect to human rights abuses in Syria);
(2) Executive Order No. 13573 of May 18, 2011 (76 Fed. Reg.
29143; relating to blocking property of senior officials of the
Government of Syria);
(3) Executive Order No. 13582 of August 17, 2011 (76 Fed.
Reg. 52209; relating to blocking property of the Government of
Syria and prohibiting certain transactions with respect to
Syria); or
(4) Executive Order No. 13606 of April 22, 2012 (77 Fed.
Reg. 24571; relating to blocking the property and suspending
entry into the United States of certain persons with respect to
grave human rights abuses by the Governments of Iran and Syria
via information technology).
(c) Persons Described.--The persons described in this subsection
are the following:
(1) Bashar Al-Assad.
(2) Asma Al-Assad.
(3) Rami Makhlouf.
(4) Bouthayna Shaaban.
(5) Walid Moallem.
(6) Ali Al-Salim.
(7) Wael Nader Al-Halqi.
(8) Jamil Hassan.
(9) Suhail Hassan.
(10) Ali Mamluk.
(11) Muhammed Khadour, Deir Ez Zor Military and Security.
(12) Jamal Razzouq, Security Branch 243.
(13) Munzer Ghanam, Air Force Intelligence.
(14) Daas Hasan Ali, Branch 327.
(15) Jassem Ali Jassem Hamad, Political Security.
(16) Samir Muhammad Youssef, Military Intelligence.
(17) Ali Ahmad Dayoub, Air Force Intelligence.
(18) Khaled Muhsen Al-Halabi, Security Branch 335.
(19) Mahmoud Kahila, Political Security.
(20) Zuhair Ahmad Hamad, Provincial Security.
(21) Wafiq Nasser, Security Branch 245.
(22) Qussay Mayoub, Air Force Intelligence.
(23) Muhammad Ammar Sardini, Political Security.
(24) Fouad Hammouda, Military Security.
(25) Hasan Daaboul, Branch 261.
(26) Yahia Wahbi, Air Force Intelligence.
(27) Okab Saqer, Security Branch 318.
(28) Husam Luqa, Political Security.
(29) Sami Al-Hasan, Security Branch 219.
(30) Yassir Deeb, Political Security.
(31) Ibrahim Darwish, Security Branch 220.
(32) Nasser Deeb, Political Security.
(33) Abdullatif Al-Fahed, Security Branch 290.
(34) Adeeb Namer Salamah, Air Force Intelligence.
(35) Akram Muhammed, State Security.
(36) Reyad Abbas, Political Security.
(37) Ali Abdullah Ayoub, Syrian Armed Forces.
(38) Fahd Jassem Al-Freij, Defense Ministry.
(39) Issam Halaq, Air Force.
(40) Ghassan Al-Abdullah, General Intelligence Directorate.
(41) Maher Al-Assad, Republican Guard.
(42) Fahad Al-Farouch.
(43) Rafiq Shahada, Military Intelligence.
(44) Loay Al-Ali, Military Intelligence.
(45) Nawfal Al-Husayn, Military Intelligence.
(46) Muhammad Zamrini, Military Intelligence.
(47) Muhammad Mahallah, Military Intelligence.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex if necessary.
(e) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Committee on the Judiciary of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Finance,
and the Committee on the Judiciary of the Senate.
TITLE III--REPORTS AND WAIVER FOR HUMANITARIAN-RELATED ACTIVITIES WITH
RESPECT TO SYRIA
SEC. 301. BRIEFING ON MONITORING AND EVALUATING OF ONGOING ASSISTANCE
PROGRAMS IN SYRIA AND TO THE SYRIAN PEOPLE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Administrator of
the United States Agency for International Development shall brief the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate on the monitoring and
evaluation of ongoing assistance programs in Syria and for the Syrian
people, including assistance provided through multilateral
organizations.
(b) Matters To Be Included.--The briefing required by subsection
(a) shall include--
(1) the specific project monitoring and evaluation efforts,
including measurable goals and performance metrics for
assistance in Syria;
(2) a description of the memoranda of understanding entered
into by the Department of State, the United States Agency for
International Development, and their respective Inspectors
General and the multilateral organizations through which United
States assistance will be delivered that formalize requirements
for the sharing of information between such entities for the
conduct of audits, investigations, and evaluations; and
(3) the major challenges to monitoring and evaluating such
programs.
SEC. 302. ASSESSMENT OF POTENTIAL METHODS TO ENHANCE THE PROTECTION OF
CIVILIANS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that--
(1) assesses the potential effectiveness, risks, and
operational requirements of the establishment and maintenance
of a no-fly zone over part or all of Syria, including--
(A) the operational and legal requirements for
United States and coalition air power to establish a
no-fly zone in Syria;
(B) the impact a no-fly zone in Syria would have on
humanitarian and counterterrorism efforts in Syria and
the surrounding region; and
(C) the potential for force contributions from
other countries to establish a no-fly zone in Syria;
(2) assesses the potential effectiveness, risks, and
operational requirements for the establishment of one or more
safe zones in Syria for internally displaced persons or for the
facilitation of humanitarian assistance, including--
(A) the operational and legal requirements for
United States and coalition forces to establish one or
more safe zones in Syria;
(B) the impact one or more safe zones in Syria
would have on humanitarian and counterterrorism efforts
in Syria and the surrounding region; and
(C) the potential for contributions from other
countries and vetted non-state actor partners to
establish and maintain one or more safe zones in Syria;
(3) assesses the potential effectiveness, risks, and
operational requirements of other non-military means to enhance
the protection of civilians, especially civilians who are in
besieged areas, trapped at borders, or internally displaced;
and
(4) describes the Administration's plan for recruitment,
training, and retention of partner forces, including--
(A) identification of the United States partner
forces operating on the ground;
(B) the primary source of strength for each armed
actor engaged in hostilities;
(C) the capabilities, requirements, and
vulnerabilities of each armed actor;
(D) the United States role in mitigating
vulnerabilities of partner forces; and
(E) the Administration's measures of success for
partner forces, including--
(i) increasing Syrian civilian security;
and
(ii) working toward an end to the conflict
in Syria.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex if necessary.
(c) Consultation.--The report required by subsection (a) shall be
informed by consultations with the Department of State, the United
States Agency for International Development, the Department of Defense,
and international and local organizations operating in Syria or in
neighboring countries to alleviate the suffering of the Syrian people.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 303. ASSISTANCE TO SUPPORT ENTITIES TAKING ACTIONS RELATING TO
GATHERING EVIDENCE FOR INVESTIGATIONS INTO WAR CRIMES OR
CRIMES AGAINST HUMANITY IN SYRIA SINCE MARCH 2011.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of State, acting through the Assistant Secretary for
Democracy, Human Rights and Labor and the Assistant Secretary for
International Narcotics and Law Enforcement Affairs, is authorized to
provide assistance to support entities that are conducting criminal
investigations, building Syrian investigative capacity, supporting
prosecutions in national courts, collecting evidence and preserving the
chain of evidence for eventual prosecution against those who have
committed war crimes or crimes against humanity in Syria, including the
aiding and abetting of such crimes by foreign governments and
organizations supporting the Government of Syria, since March 2011.
(b) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of State shall brief the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate on assistance provided under subsection
(a).
TITLE IV--SUSPENSION OF SANCTIONS WITH RESPECT TO SYRIA
SEC. 401. SUSPENSION OF SANCTIONS WITH RESPECT TO SYRIA.
(a) Suspension of Sanctions.--
(1) Negotiations not concluding in agreement.--If the
President determines that internationally recognized
negotiations to resolve the violence in Syria have not
concluded in an agreement or are likely not to conclude in an
agreement, the President may suspend, as appropriate, in whole
or in part, the imposition of sanctions otherwise required
under this Act or any amendment made by this Act for a period
not to exceed 120 days, and renewable for additional periods
not to exceed 120 days, if the President submits to the
appropriate congressional committees in writing a determination
and certification that the Government of Syria has ended
military attacks against and gross violations of the human
rights of the Syrian people, specifically--
(A) the air space over Syria is no longer being
utilized by the Government of Syria and associated
forces to target civilian populations through the use
of incendiary devices, including barrel bombs, chemical
weapons, and conventional arms, including air-delivered
missiles and explosives;
(B) areas besieged by the Assad regime and
associated forces, including Hezbollah and irregular
Iranian forces, are no longer cut off from
international aid and have regular access to
humanitarian assistance, freedom of travel, and medical
care;
(C) the Government of Syria is releasing all
political prisoners forcibly held within the Assad
regime prison system, including the facilities
maintained by various security, intelligence, and
military elements associated with the Government of
Syria and allowed full access to the same facilities
for investigations by appropriate international human
rights organizations; and
(D) the forces of the Government of Syria and
associated forces, including Hezbollah, irregular
Iranian forces, and Russian government air assets, are
no longer engaged in deliberate targeting of medical
facilities, schools, residential areas, and community
gathering places, including markets, in flagrant
violation of international norms.
(2) Negotiations concluding in agreement.--
(A) Initial suspension of sanctions.--If the
President determines that internationally recognized
negotiations to resolve the violence in Syria have
concluded in an agreement or are likely to conclude in
an agreement, the President may suspend, as
appropriate, in whole or in part, the imposition of
sanctions otherwise required under this Act or any
amendment made by this Act for a period not to exceed
120 days if the President submits to the appropriate
congressional committees in writing a determination and
certification that--
(i) in the case in which the negotiations
are likely to conclude in an agreement--
(I) the Government of Syria, the
Syrian High Negotiations Committee or
its internationally-recognized
successor, and appropriate
international parties are participating
in direct, face-to-face negotiations;
and
(II) the suspension of sanctions
under this Act or any amendment made by
this Act is essential to the
advancement of such negotiations; and
(ii) the Government of Syria has
demonstrated a commitment to a significant and
substantial reduction in attacks on and
violence against the Syrian people by the
Government of Syria and associated forces.
(B) Renewal of suspension of sanctions.--The
President may renew a suspension of sanctions under
subparagraph (A) for additional periods not to exceed
120 days if, for each such additional period, the
President submits to the appropriate congressional
committees in writing a determination and certification
that--
(i) the conditions described in clauses (i)
and (ii) of subparagraph (A) are continuing to
be met;
(ii) the renewal of the suspension of
sanctions is essential to implementing an
agreement described in subparagraph (A) or
making progress toward concluding an agreement
described in subparagraph (A);
(iii) the Government of Syria and
associated forces have ceased attacks against
Syrian civilians; and
(iv) the Government of Syria has publicly
committed to negotiations for a transitional
government in Syria and continues to
demonstrate that commitment through sustained
engagement in talks and substantive and
verifiable progress towards the implementation
of such an agreement.
(3) Briefing and reimposition of sanctions.--
(A) Briefing.--Not later than 30 days after the
President submits to the appropriate congressional
committees a determination and certification in the
case of a renewal of suspension of sanctions under
paragraph (2)(B), and every 30 days thereafter, the
President shall provide a briefing to the appropriate
congressional committees on the status and frequency of
negotiations described in paragraph (2).
(B) Re-imposition of sanctions.--If the President
provides a briefing to the appropriate congressional
committees under subparagraph (A) with respect to which
the President indicates a lapse in negotiations
described in paragraph (2) for a period that equals or
exceeds 90 days, the sanctions that were suspended
under paragraph (2)(B) shall be re-imposed and any
further suspension of such sanctions is prohibited.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Ways and Means,
and the Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Finance, and the Committee on the
Judiciary of the Senate.
(b) Sense of Congress To Be Considered for Determining a
Transitional Government in Syria.--It is the sense of Congress that a
transitional government in Syria is a government that--
(1) is taking verifiable steps to release all political
prisoners and is providing full access to Syrian prisons for
investigations by appropriate international human rights
organizations;
(2) is taking verifiable steps to remove former senior
Syrian Government officials who are complicit in the
conception, implementation, or cover up of war crimes, crimes
against humanity, or human rights abuses and any person subject
to sanctions under any provision of law from government
positions;
(3) is in the process of organizing free and fair elections
for a new government--
(A) to be held in a timely manner and scheduled
while the suspension of sanctions or the renewal of the
suspension of sanctions under this section is in
effect; and
(B) to be conducted under the supervision of
internationally recognized observers;
(4) is making tangible progress toward establishing an
independent judiciary;
(5) is demonstrating respect for and compliance with
internationally recognized human rights and basic freedoms as
specified in the Universal Declaration of Human Rights;
(6) is taking steps to verifiably fulfill its commitments
under the Chemical Weapons Convention and the Treaty on the
Non-Proliferation of Nuclear Weapons and is making tangible
progress toward becoming a signatory to Convention on the
Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on their
Destruction, entered into force March 26, 1975, and adhering to
the Missile Technology Control Regime and other control lists,
as necessary;
(7) has halted the development and deployment of ballistic
and cruise missiles; and
(8) is taking verifiable steps to remove from positions of
authority within the intelligence and security services as well
as the military those who were in a position of authority or
responsibility during the conflict and who under the authority
of their position were implicated in or implicit in the
torture, extrajudicial killing, or execution of civilians, to
include those who were involved in decisionmaking or execution
of plans to use chemical weapons.
SEC. 402. WAIVERS AND EXEMPTIONS.
(a) Exemptions.--The following activities and transactions shall be
exempt from sanctions authorized under this Act or any amendment made
by this Act:
(1) Any activity subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.), or to any authorized intelligence activities of
the United States.
(2) Any transaction necessary to comply with United States
obligations under--
(A) the Agreement between the United Nations and
the United States of America regarding the Headquarters
of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947;
(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) Humanitarian, Stabilization, and Democracy Assistance Waiver.--
(1) Statement of policy.--It shall be the policy of the
United States to fully utilize the waiver authority under this
subsection to ensure that adequate humanitarian relief or
support for stabilization and democracy promotion is provided
to the Syrian people.
(2) Waiver.--Except as provided in paragraph (5) and
subsection (d), the President may waive, on a case-by-case
basis, for a period not to exceed 1 year, and renewable for
additional periods not to exceed 1 year, the application of
sanctions authorized under this Act with respect to a person if
the President submits to the appropriate congressional
committees a written determination that the waiver is necessary
for purposes of providing humanitarian or stabilization
assistance or support for democracy promotion to the people of
Syria.
(3) Content of written determination.--A written
determination submitted under paragraph (2) with respect to a
waiver shall include a description of all notification and
accountability controls that have been employed in order to
ensure that the activities covered by the waiver are
humanitarian or stabilization assistance or support for
democracy promotion and do not entail any activities in Syria
or dealings with the Government of Syria not reasonably related
to humanitarian or stabilization assistance or support for
democracy promotion.
(4) Clarification of permitted activities under waiver.--
The President may not impose sanctions authorized under this
Act against a humanitarian organization for--
(A) engaging in a financial transaction relating to
humanitarian assistance or for humanitarian purposes
pursuant to a waiver issued under paragraph (2);
(B) transporting goods or services that are
necessary to carry out operations relating to
humanitarian assistance or humanitarian purposes
pursuant to such a waiver; or
(C) having incidental contact, in the course of
providing humanitarian assistance or aid for
humanitarian purposes pursuant to such a waiver, with
individuals who are under the control of a foreign
person subject to sanctions under this Act or any
amendment made by this Act unless the organization or
its officers, members, representatives or employees
have engaged in (or the President knows or has
reasonable ground to believe is engaged in or is likely
to engage in) conduct described in section
212(a)(3)(B)(iv)(VI) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)).
(5) Exception to waiver authority.--The President may not
exercise the waiver authority under paragraph (2) with respect
to a foreign person who has (or whose officers, members,
representatives or employees have) engaged in (or the President
knows or has reasonable ground to believe is engaged in or is
likely to engage in) conduct described in section
212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iv)(VI)).
(c) Waiver.--
(1) In general.--The President may, for periods not to
exceed 120 days, waive the application of sanctions under this
Act with respect to a foreign person if the President certifies
to the appropriate congressional committees that such waiver is
vital to the national security interests of the United States.
(2) Consultation.--
(A) Before waiver issued.--Not later than 5 days
before the issuance of a waiver under paragraph (1) is
to take effect, the President shall notify and brief
the appropriate congressional committees on the status
of the foreign person's involvement in activities
described in this Act.
(B) After waiver issued.--Not later than 90 days
after the issuance of a waiver under paragraph (1), and
every 120 days thereafter if the waiver remains in
effect, the President shall brief the appropriate
congressional committees on the status of the foreign
person's involvement in activities described in this
Act.
(3) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Ways and Means,
and the Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Finance, and the Committee on the
Judiciary of the Senate.
(d) Codification of Certain Services in Support of Nongovernmental
Organizations' Activities Authorized.--
(1) In general.--Except as provided in paragraph (2),
section 542.516 of title 31, Code of Federal Regulations
(relating to certain services in support of nongovernmental
organizations' activities authorized), as in effect on the day
before the date of the enactment of this Act, shall--
(A) remain in effect on and after such date of
enactment; and
(B) in the case of a nongovernmental organization
that is authorized to export or reexport services to
Syria under such section on the day before such date of
enactment, shall apply to such organization on and
after such date of enactment to the same extent and in
the same manner as such section applied to such
organization on the day before such date of enactment.
(2) Exception.--Section 542.516 of title 31, Code of
Federal Regulations, as codified under paragraph (1), shall not
apply with respect to a foreign person who has (or whose
officers, members, representatives or employees have) engaged
in (or the President knows or has reasonable ground to believe
is engaged in or is likely to engage in) conduct described in
section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)).
(e) Strategy Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report containing a
strategy to ensure that humanitarian organizations can access
financial services to ensure the safe and timely delivery of
assistance to communities in need in Syria.
(2) Consideration of data from other countries and
nongovernmental organizations.--In preparing the strategy
required by paragraph (1), the President shall consider
credible data already obtained by other countries and
nongovernmental organizations, including organizations
operating in Syria.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
TITLE V--REGULATORY AUTHORITY, COST LIMITATION, AND SUNSET
SEC. 501. 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 and the amendments made by this
Act.
(b) Regulatory Authority.--The President shall, not later than 90
days after the date of the enactment of this Act, promulgate
regulations as necessary for the implementation of this Act and the
amendments made by this Act.
(c) Briefing to Congress.--Not less than 10 days before the
promulgation of regulations under subsection (a), the President shall
brief the appropriate congressional committees on the proposed
regulations and the provisions of this Act and the amendments made by
this Act that the regulations are implementing.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 502. COST LIMITATION.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
SEC. 503. AUTHORITY TO CONSOLIDATE REPORTS.
(a) In General.--Any reports required to be submitted to the
appropriate congressional committees under this Act or any amendment
made by this Act that are subject to a deadline for submission
consisting of the same unit of time may be consolidated into a single
report that is submitted to appropriate congressional committees
pursuant to such deadline. The consolidated reports shall contain all
information required under this Act or any amendment made by this Act,
in addition to all other elements mandated by previous law.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 504. SUNSET.
This Act shall cease to be effective beginning on December 31,
2021.
Passed the House of Representatives May 17, 2017.
Attest:
Clerk.
115th CONGRESS
1st Session
H. R. 1677
_______________________________________________________________________
AN ACT
To halt the wholesale slaughter of the Syrian people, encourage a
negotiated political settlement, and hold Syrian human rights abusers
accountable for their crimes.