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Bill
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Title II — Other provisions

H.R. 8931 · 116th Congress · Dec 10, 2020 · Lineage

II Other provisions

Sec. 201 Determination and report relating to crimes against humanity, genocide, and war crimes in Syria

(a)
Determination— The Secretary of State shall make a determination with respect to each of the following:
(1)
Whether the al-Assad regime’s intentional barrel bombs dropped on the civilian population of Syria, the “starve or surrender” campaign of sieges throughout the Syrian conflict, or the campaign of forced displacement and widespread torture, particularly against the Sunni Muslim population of Syria, can be considered systematic and widespread and therefore constitutes crimes against humanity or constitutes genocide as defined in subsection (a) of section 1091 of title 18, United States Code.
(2)
Whether Iran, Hezbollah, and Iranian-backed militias’ sectarian cleansing campaigns especially in the Damascus suburbs, particularly against the Sunni Muslim population of Syria, can be considered systematic and widespread and therefore constitutes crimes against humanity or constitutes genocide as defined in subsection (a) of section 1091 of title 18, United States Code.
(3)
Whether the al-Assad regime’s and the Russian Federation’s intentional targeting of hospitals and relief workers, constitutes a war crime as defined in section 2441 of title 18 of the United States Code.
(b)
Report—
(1)
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees and make available to the public a report that contains each determination made under subsection (a).
(2)
Form—
(A)
In general— The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary.
(B)
Public availability of information— The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government.

Sec. 202 Assessment of potential effectiveness of and requirements for the establishment of a no-fly zone, safe zones, or a no-bombing zone in Syria

(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, especially Idlib Province, to protect civilians from continuing al-Assad regime and Russian air strikes, including—
(A)
the operational and legal requirements for United States and coalition air power to establish a no-fly zone over part or all of Syria;
(B)
the impact a no-fly zone over part or all of Syria would have on the protection of civilians, the prevention of a refugee crisis, the removal of the al-Assad regime, and 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 over part or all of 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; and
(3)
assesses the potential effectiveness, risks, and operational requirements of the establishment and maintenance of a no-bombing 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-bombing zone over part or all of Syria;
(B)
the impact a no-bombing zone over part or all of 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-bombing zone over part or all of Syria.
(b)
Form—
(1)
In general— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary.
(2)
Public availability of information— The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government.

Sec. 203 Report on net worth of Syrian President Bashar al-Assad

(a)
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the estimated net worth and known sources of income of Syrian President Bashar al-Assad and his family members (including spouse, children, siblings, and paternal and maternal cousins), including assets, investments, other business interests, and relevant beneficial ownership information.
(b)
Form—
(1)
In general— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary.
(2)
Public availability of information— The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government.

Sec. 204 Strategy and report for removing the al-Assad regime from power and achieving a transition to a free and democratic Syria

(a)
Sense of Congress— It is the sense of Congress that there is no solution to the conflict in Syria as long as the regime led by Bashar al-Assad remains in power and that any attempts to rehabilitate the regime through so-called constitutional reform negotiations or allowing Bashar al-Assad to run in elections are unrealistic and doomed to fail.
(b)
Strategy— The Secretary of State, in consultation with the Secretary of the Treasury and the Secretary of Defense, shall submit to the appropriate congressional committees a strategy for removing the al-Assad regime from power and achieving a transition to a free and democratic Syria. The strategy shall contain the following elements:
(1)
A description of how all elements of power can be utilized to achieve an irreversible political transition in Syria which would remove the al-Assad regime from power, and bring about a free and democratic Syria.
(2)
A description of what steps can be taken to ensure women’s rights, as well as the rights of Christians, Kurds, Arabs, Assyrians, Turkomen, Alawis, Ismailis, Druze, and other ethnic or religious minorities can be protected in Syria.
(3)
A description of how to protect Syrian civilians from aerial bombardment by the al-Assad regime and Russia.
(4)
A description of how economic sanctions can be utilized and enhanced to prevent funding of and normalization with the al-Assad regime especially with regards to senior officials, and business entities of Arab countries which diplomatically recognize the al-Assad regime, including the governments of the United Arab Emirates, Egypt, Jordan, Lebanon, and Iraq.
(5)
A description regarding what steps can be taken to secure the freedom of thousands of political prisoners languishing in the prisons of the al-Assad regime as well as to free detained American hostages including Austin Tice, Majd Kamalmaz, and others, while not trading sanctions relief or diplomatic recognition of the al-Assad regime as ransom for the release of any hostages.
(6)
A description about whether United Nations aid to regime held areas in Syria is diverted from civilians and benefits the al-Assad regime, and how such assistance can be discontinued.
(7)
A description of how Iran and its backed militias especially the Iraqi Badr Corps, Kata’ib Hezbollah, Fatemiyoun, Zainabiyoun, ‘AsaibAhl al-Haq, and others can be removed from Syria.
(8)
A description of what steps can be utilized to bring about a reduction in Russian influence can be curbed in Syria and a withdrawal of Russian forces.
(9)
A description of what steps can be utilized to ensure the enduring defeat of ISIS, al-Qaeda, and other Salafi-jihadi organizations in Syria.
(10)
An assessment of Russian and Iranian influence and objectives in Syria and the potential threat such influence poses to the United States.
(c)
Report—
(1)
In general— Not later than one year after the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees and make available to the public a report that contains the strategy required by subsection (a).
(2)
Form—
(A)
In general— The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary.
(B)
Public availability of information— The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government.

Sec. 205 Statement of policy

Section 7402 of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note) is amended is amended to read as follows:

“7402. Statement of policy

“It is the policy of the United States—

“(1) to support the Syrian people in their efforts to remove the regime of Bashar al-Assad from power and bring about a transition to a free and democratic government in Syria existing in peace and security with its neighbors;

“(2) that all diplomatic and coercive economic means must be utilized to compel the al-Assad regime to immediately halt the wholesale slaughter of the Syrian people;

“(3) to support the human rights of all Syrians, including women and ethnic and religious minorities, to live in peace and dignity in a free and democratic Syria;

“(4) that political negotiations regarding the future of Syria or its constitution, including the constitutional committee, must be preceded by an enduring national ceasefire in Syria;

“(5) that safe zones and no-fly zones should be established to protect Syrian civilians in Idlib province from aerial bombardment by the al-Assad regime and the Russian Federation, and to help stem the refugee crisis by allowing Syrian civilians to stay in their homes, and making it easier for Syrian refugees to return home;

“(6) to work toward the withdrawal of all foreign forces in Syria;

“(7) to reject working with Russia to eject Iranian forces in Syria; and

“(8) to end any taxpayer-funded humanitarian assistance to Syria which is diverted by the al-Assad regime to fund its war crimes.”

Sec. 206 Prohibition against United States recognition of the al-Assad regime in Syria

(a)
Statement of policy— It is the policy of the United States not to recognize any Syrian government led by Bashar al-Assad or the legitimacy of Bashar al-Assad to be President of Syria or ever participate in any future election in Syria or in any Syrian government.
(b)
Prohibition— In accordance with subsection (a), no Federal department or agency may take any action or extend any assistance that implies recognition of Bashar al-Assad or any Syrian government led by Bashar al-Assad, or which supports the participation of Bashar al-Assad in any future election in Syria.

Sec. 207 Report on effect of lifting Iran sanctions on war crimes in Syria

(a)
Sense of Congress— It is the sense of Congress that—
(1)
the maximum pressure campaign carried out by the United States against Iran has reduced the resources available for Iran and the al-Assad regime to carry out war crimes in Syria; and
(2)
a condition for the lifting of the sanctions that are a part of such maximum pressure campaign should continue to include the demand that Iran ceases its destabilizing activities in Syria and withdraws all of its forces and commanded militias from the country.
(b)
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on—
(1)
the status of United States bilateral sanctions on Iran;
(2)
the reimposition and renewed enforcement of secondary sanctions on Iran;
(3)
the impact such sanctions have had on Iran’s support to the al-Assad regime in Syria;
(4)
the impact that lifting such sanctions would have on Iran’s ability to commit human rights abuses against the people of Syria, including through a detailed description of whether or not lifting such sanctions would increase the resources available for Iran to support gross human rights abuses, including torture, extrajudicial killings, and the killing of protesters in Syria; and
(5)
the impact that lifting such sanctions would have on the funds available for the al-Assad regime to commit gross human rights abuses.

Sec. 208 Certification regarding humanitarian aid provided to areas in Syria held by the al-Assad regime

(a)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall certify to the appropriate congressional committees whether United Nations agency programming, including any program or project, in Syria funded in whole or in part by the United States—
(1)
is delivered impartially, without hindrance, to the areas of greatest need;
(2)
does not directly materially support the Government of Syria or entities owned or controlled by the Syrian government, Syrian government officials, their immediate families, or entities under their direction;
(3)
does not directly materially support associated forces of the Government of Syria or entities owned or controlled by the Syrian government;
(4)
adheres to the United Nations Supplier Code of Conduct, which states that the United Nations must not support, directly or indirectly, other entities and individuals involved in human rights abuses, and which requires United Nations agencies to secure guarantees from suppliers that “they are not complicit in human rights abuses”; and
(5)
is vetted by an independent mechanism that reviews contract procurement in Syrian government-held areas.
(b)
Funding limitation and redirection— If the Secretary of State makes a certification described in subsection (a) in the negative—
(1)
no Federal department or agency may provide any funding, directly or indirectly, to any United Nations agency programming, including any program or project, in Syria that fails to meet the criteria of the certification specified in subsection (a); and
(2)
amounts made available to the Secretary of State that are withheld from United Nations agency programming, including any program or project, in Syria in accordance with paragraph (1) shall be made available to the Administrator of the United States Agency for International Development’s Office of Foreign Disaster Assistance for providing assistance to populations in Syria in need.
(c)
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 Russia, forces of the Government of Iran, Iranian-backed proxy militias, and Hezbollah.

Sec. 209 Proclamation authority regarding free Syria economic zones

(a)
Sense of Congress— It is the sense of the Congress that—
(1)
enhanced trade with areas of Syria that are not under the al-Assad regime’s control could help economically develop such areas, strengthen civil society, and ultimately help achieve a transition to a free and democratic Syria;
(2)
the President should work to—
(A)
economically integrate areas of Syria that are not under the al-Assad regime’s control, including in both northeast and northwest Syria, in order to promote trade among such areas and with United States allies in the region; and
(B)
economically reduce the dependence of such areas on the al-Assad regime.
(b)
Elimination or modifications of duties— The President is authorized to proclaim elimination or modification of any existing duty as the President determines is necessary to exempt any article from duty if that article is wholly the growth, product, or manufacture of a free Syria economic zone or is a new or different article of commerce that has been grown, produced, or manufactured in a free Syria economic zone.
(c)
Waiver of sanctions— Notwithstanding any other provision of law, the President is authorized to waive the imposition of sanctions under any provision of law in order to provide for the importation into the United States of any article described in subsection (b) and to exempt such article from duty in accordance with the provisions of subsection (b).
(d)
Documentation required— An article is eligible for the duty exemption under this section only if—
(1)
the importer certifies that the article meets the conditions for the duty exemption; and
(2)
when requested by U.S. Customs and Border Protection, the importer, manufacturer, or exporter submits a declaration setting forth all pertinent information with respect to the article, including the following:
(A)
A description of the article, quantity, numbers, and marks of packages, invoice numbers, and bills of lading.
(B)
A description of the operations performed in the production of the article in a free Syria economic zone and identification of the direct costs of processing operations.
(C)
A description of any materials used in production of the article which are wholly the growth, product, or manufacture of free Syria economic zones, and a statement as to the cost or value of such materials.
(D)
A description of the operations performed on, and a statement as to the origin and cost or value of, any foreign materials used in the article which are claimed to have been sufficiently processed in the free Syria economic zone so as to be materials produced in the free Syria economic zone.
(E)
A description of the origin and cost or value of any foreign materials used in the article which have not been substantially transformed in the free Syria economic zone.
(e)
Free Syria economic zone defined— In this section, the term “free Syria economic zone” means any area that—
(1)
encompasses portions of the territory of Syria;
(2)
is not under the control of the Government of Syria, the Government of Iran, the Government of Russia, or any organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), including—
(A)
the Islamic State of Iraq and al-Sham (ISIS);
(B)
Hay’at Tahrir al-Sham; the al-Nusra Front; and
(C)
Jabhat Fatah al-Sham; and
(3)
has been specified by the President as a free Syria economic zone.