[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4681 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 4681
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2018
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To limit assistance for areas of Syria controlled by the Government of
Syria or associated forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Assistance for Assad Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Seven years into the conflict in Syria, over 11 million
Syrians have been displaced from their homes and more than
400,000 have been killed.
(2) Since the conflict in Syria began, the United States
has provided more than $7.6 billion to meet humanitarian needs
of the Syrian people, making the United States the world's
single largest donor to the Syrian humanitarian response.
(3) It is estimated that the reconstruction of Syria could
cost between $200 and $350 billion.
(4) According to the 2016 Transparency International
Corruption Index, Syria is among the most corrupt countries in
the world.
(5) In October 2015, a visiting Russian delegation to Syria
announced that Russian firms would lead in the effort to
rebuild Syria, and Syrian President Bashar al-Assad reportedly
said, ``Syria is ready to provide Russian companies with all
the contracts worth hundreds of billions of dollars.''.
(6) In August 2017, the Government of the People's Republic
of China hosted a trade fair in Syria, and a Chinese-Arab
business group announced a $2 billion commitment from the
Chinese government to fund the construction of industrial parks
in Syria.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States that United States foreign
assistance made available for early recovery, reconstruction, or
stabilization in Syria should be used only in a democratic Syria or in
areas of Syria not controlled by a government led by Bashar al-Assad or
associated forces.
SEC. 4. LIMITATION ON ASSISTANCE FOR AREAS OF SYRIA CONTROLLED BY THE
GOVERNMENT OF SYRIA OR ASSOCIATED FORCES.
(a) Limitation.--
(1) In general.--Except as provided in subsection (c), for
each of the fiscal years 2019 through 2023, amounts authorized
to be appropriated or otherwise made available for assistance
described in paragraph (2) may not be provided, directly or
indirectly, for any area of Syria controlled by the Government
of Syria or associated forces, as determined by the Secretary
of State, unless a certification described in subsection (b) is
in effect.
(2) Assistance described.--Assistance referred to in
paragraph (1) is the following:
(A) Assistance to carry out stabilization
activities for the relevant area.
(B) Assistance to carry out reconstruction
activities for the relevant area.
(b) Certification.--
(1) In general.--A certification described in this
subsection is a certification submitted by the President to the
appropriate congressional committees that contains a
determination that the Government of Syria--
(A) has ceased attacks against civilians and
civilian infrastructure as such, including attacks
against medical facilities and personnel, and the
indiscriminate use of weapons, including through
shelling and aerial bombardment, as demanded in United
Nations Security Council Resolution 2254 (2015);
(B) 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;
(C) is taking verifiable steps to remove from
government positions senior officials of the Government
of Syria who are complicit in the planning or
commission of war crimes, crimes against humanity, or
human rights abuses, as well as any government official
subject to sanctions under any provision of law;
(D) is organizing free and fair elections for a new
government to be held in a timely manner and under the
supervision of United Nations observers, with all
Syrians, including members of the diaspora, eligible to
participate, as supported in United Nations Security
Council Resolution 2254 (2015);
(E) is making tangible progress toward establishing
an independent judiciary;
(F) is demonstrating respect for and compliance
with internationally recognized human rights and basic
freedoms as specified in the Universal Declaration of
Human Rights;
(G) is taking steps to verifiably fulfill its
commitments under the Convention on the Prohibition of
the Development, Production, Stockpiling and Use of
Chemical Weapons and on their Destruction and the
Treaty on the Non-Proliferation of Nuclear Weapons, is
making tangible progress toward becoming a signatory to
the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their
Destruction, and adhering to the Missile Technology
Control Regime and other control lists, as necessary;
(H) has halted the development and deployment of
ballistic and cruise missiles;
(I) is taking verifiable steps to remove from
positions of authority within the military,
intelligence, and security services those individuals
who were in a position of authority or responsibility
during the conflict, or who are in a position of
authority or responsibility during a transition, who
are determined to be responsible for or complicit in
the torture, extrajudicial killing, or execution of
civilians, to include those who were involved the
planning or execution of plans to use chemical weapons;
(J) is making verifiable progress in reforming the
Syrian military and security services so as to minimize
the Government of Syria's reliance on Iran and Iranian
proxy forces to act on behalf or in support of Syria;
and
(K) is in the process of organizing the safe and
voluntary return of Syrian refugees and internally
displaced persons to their homes so that Syrians may
return without fear of retribution by the Government of
Syria or associated forces.
(2) Effective period.--A certification shall be in effect
under this subsection for a period of 90 days beginning on the
date on which the President submits the certification to the
appropriate congressional committees.
(3) Renewal or report.--Not later than 90 days after the
date on which the President submits to the appropriate
congressional committees a certification under this subsection
the President shall submit to the appropriate congressional
committees either--
(A) a new certification under this subsection
indicating that the conditions described in paragraph
(1) are continuing to be met; or
(B) a report that--
(i) describes why the President is unable
to make a new certification under this
subsection; and
(ii) contains a certification that no funds
will be obligated or expended to provide
assistance described in subsection (a) in
contravention of subsection (a).
(c) Exception.--
(1) In general.--The limitation on assistance under
subsection (a) shall not apply with respect to--
(A) assistance for projects to be administered by
local organizations that reflect the aims, needs, and
priorities of local communities in Syria;
(B) assistance for projects to meet basic human
needs in Syria, including--
(i) drought relief;
(ii) assistance to refugees, internally
displaced persons, and conflict victims;
(iii) the distribution of food and
medicine; and
(iv) the provision of health services; and
(C) assistance to carry out the activities
described in subsection (b)(1)(G).
(2) Report and determination.--The President shall submit
to the appropriate congressional committees a report and
determination for each of the fiscal years 2019 through 2023 on
each project with respect to which this subsection applies
during the preceding fiscal year, including--
(A) a description of the project;
(B) a description of how United States funds with
respect to the project were used;
(C) the geographic location or locations of the
project; and
(D) a determination with respect to whether the
project benefited an official of the Assad regime.
(3) Sense of congress.--It is the sense of Congress that,
to the greatest extent practicable, the United States should
not fund projects described in this subsection with respect to
which the Government of Syria, any official of the Government
of Syria, and any immediate family member of an official of the
Government of Syria have a financial or material interest or
are affiliated with the implementing partner of the project.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Associated forces.--The term ``associated forces''
includes forces of the Government of the Russian Federation,
the Government of the Islamic Republic of Iran, Iranian-backed
proxy militias, and Hezbollah.
(3) Directly or indirectly.--The term ``directly or
indirectly'' includes assistance to multilateral institutions
and international governmental organizations, such as the
United Nations and related agencies, the International Monetary
Fund, and the World Bank.
SEC. 5. REPORT ON DELIVERY OF UNITED STATES HUMANITARIAN ASSISTANCE TO
SYRIA.
(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 submit to
the appropriate congressional committees a report on delivery of United
States humanitarian assistance to Syria.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) A description of the challenges of access to areas of
Syria controlled by the Government of Syria or associated
forces for purposes of providing United States humanitarian
assistance, including assistance funded through multilateral
institutions and international governmental organizations.
(2) A description of where such United States humanitarian
assistance has been able to be delivered in such areas.
(3) A description of where such United States humanitarian
assistance has been denied access in such areas.
(4) A description of how the United States Government is
working to improve access to such areas.
(5) A description of the roles and responsibilities of
United States allies and partners and other countries in the
region in ensuring access to such areas.
(6) A description of how such United States humanitarian
assistance and implementing partners of such assistance are
monitored and evaluated.
(7) A description of the major challenges that the United
States faces in monitoring such United States humanitarian
assistance and how the United States is working to overcome
such challenges.
(8) A description of the strategy of the United States to
deliver humanitarian assistance to areas of Syria controlled by
the Government of Syria or associated forces and in which the
Government of Syria or associated forces is impeding access to
such areas.
(c) Definitions.--In this section, the term ``appropriate
congressional committees'' and ``associated forces'' have the meanings
given such terms in section 4(f).
Passed the House of Representatives April 24, 2018.
Attest:
KAREN L. HAAS,
Clerk.