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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2034 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2034

   To impose sanctions with respect to human rights abuses committed 
          against the people of Syria, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2012

   Mrs. Gillibrand (for herself, Mr. Schumer, and Mr. Brown of Ohio) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
   To impose sanctions with respect to human rights abuses committed 
          against the people of Syria, 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 ``Syria Human Rights Accountability 
Act of 2012''.

SEC. 2. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE RESPONSIBLE 
              FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST 
              CITIZENS OF SYRIA OR THEIR FAMILY MEMBERS.

    (a) In General.--The President shall impose sanctions described in 
subsection (c) with respect to each person on the list required by 
subsection (b).
    (b) List of Persons Who Are Responsible for or Complicit in Certain 
Human Rights Abuses.--
            (1) 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 list of persons who are 
        officials of the Government of Syria or persons acting on 
        behalf of that Government that the President determines, based 
        on credible evidence, are responsible for or complicit in, or 
        responsible for ordering, controlling, or otherwise directing, 
        the commission of serious human rights abuses against citizens 
        of Syria or their family members, regardless of whether such 
        abuses occurred in Syria.
            (2) Updates of list.--The President shall submit to the 
        appropriate congressional committees an updated list under 
        paragraph (1)--
                    (A) not later than 270 days after the date of the 
                enactment of this Act and every 180 days thereafter; 
                and
                    (B) as new information becomes available.
            (3) Form of report; public availability.--
                    (A) Form.--The list required by paragraph (1) shall 
                be submitted in unclassified form but may contain a 
                classified annex.
                    (B) Public availability.--The unclassified portion 
                of the list required by paragraph (1) shall be made 
                available to the public and posted on the websites of 
                the Department of the Treasury and the Department of 
                State.
            (4) Consideration of data from other countries and 
        nongovernmental organizations.--In preparing the list required 
        by paragraph (1), the President shall consider credible data 
        already obtained by other countries and nongovernmental 
        organizations, including organizations in Syria, that monitor 
        the human rights abuses of the Government of Syria.
    (c) Sanctions Described.--The sanctions described in this 
subsection are ineligibility for a visa to enter the United States and 
sanctions pursuant to the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.), including blocking of property and 
restrictions or prohibitions on financial transactions and the 
exportation and importation of property, subject to such regulations as 
the President may prescribe, including regulatory exceptions to permit 
the United States to comply with the Agreement between the United 
Nations and the United States of America regarding the Headquarters of 
the United Nations, signed June 26, 1947, and entered into force 
November 21, 1947, and other applicable international obligations.

SEC. 3. 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.

    (a) In General.--The President shall impose sanctions described in 
section 2(c) with respect to--
            (1) each person on the list required by subsection (b); and
            (2) any person that--
                    (A) is a successor entity to a person on the list;
                    (B) owns or controls a person on the list, if the 
                person that owns or controls the person on the list had 
                actual knowledge or should have known that the person 
                on the list engaged in the activity described in 
                subsection (b)(2) for which the person was included in 
                the list; or
                    (C) is owned or controlled by, or under common 
                ownership or control with, the person on the list, if 
                the person owned or controlled by, or under common 
                ownership or control with (as the case may be), the 
                person on the list knowingly engaged in the activity 
                described in subsection (b)(2) for which the person was 
                included in the list.
    (b) List.--
            (1) 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 list of persons that the 
        President determines have knowingly engaged in an activity 
        described in paragraph (2) on or after such date of enactment.
            (2) Activity described.--
                    (A) In general.--A person engages in an activity 
                described in this paragraph if the person--
                            (i) transfers, or facilitates the transfer 
                        of, goods or technologies described in 
                        subparagraph (C) to Syria; or
                            (ii) provides services with respect to 
                        goods or technologies described in subparagraph 
                        (C) after such goods or technologies are 
                        transferred to Syria.
                    (B) Applicability to contracts and other 
                agreements.--A person engages in an activity described 
                in subparagraph (A) without regard to whether the 
                activity is carried out pursuant to a contract or other 
                agreement entered into before, on, or after the date of 
                the enactment of this Act.
                    (C) Goods or technologies described.--Goods or 
                technologies described in this subparagraph are goods 
                or technologies that the President determines are 
                likely to be used by the Government of Syria or any of 
                its agencies or instrumentalities to commit human 
                rights abuses against the people of Syria, including--
                            (i) firearms or ammunition (as those terms 
                        are defined in section 921 of title 18, United 
                        States Code), rubber bullets, police sticks, 
                        mace, stun grenades, tasers or other 
                        electroshock weapons, tear gas, water cannons, 
                        or surveillance technology; or
                            (ii) sensitive technology (as defined in 
                        section 5(c)).
            (3) Special rule to allow for termination of sanctionable 
        activity.--The President shall not be required to include a 
        person on the list required by paragraph (1) if the President 
        certifies in writing to the appropriate congressional 
        committees that--
                    (A) the person is no longer engaging in, or has 
                taken significant verifiable steps toward stopping, the 
                activity described in paragraph (2) for which the 
                President would otherwise have included the person on 
                the list; and
                    (B) the President has received reliable assurances 
                that the person will not knowingly engage in any 
                activity described in paragraph (2) in the future.
            (4) Updates of list.--The President shall submit to the 
        appropriate congressional committees an updated list under 
        paragraph (1)--
                    (A) not later than 270 days after the date of the 
                enactment of this Act and every 180 days thereafter; 
                and
                    (B) as new information becomes available.
            (5) Form of report; public availability.--
                    (A) Form.--The list required by paragraph (1) shall 
                be submitted in unclassified form but may contain a 
                classified annex.
                    (B) Public availability.--The unclassified portion 
                of the list required by paragraph (1) shall be made 
                available to the public and posted on the websites of 
                the Department of the Treasury and the Department of 
                State.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN 
              CENSORSHIP IN SYRIA.

    (a) In General.--The President shall impose sanctions described in 
section 2(c) with respect to each person on the list required by 
subsection (b).
    (b) List of Persons Who Engage in Censorship.--
            (1) 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 list of persons that the 
        President determines have engaged in censorship, or activities 
        relating to censorship, in a manner that prohibits, limits, or 
        penalizes the legitimate exercise of freedom of expression by 
        citizens of Syria.
            (2) Updates of list.--The President shall submit to the 
        appropriate congressional committees an updated list under 
        paragraph (1)--
                    (A) not later than 270 days after the date of the 
                enactment of this Act and every 180 days thereafter; 
                and
                    (B) as new information becomes available.
            (3) Form of report; public availability.--
                    (A) Form.--The list required by paragraph (1) shall 
                be submitted in unclassified form but may contain a 
                classified annex.
                    (B) Public availability.--The unclassified portion 
                of the list required by paragraph (1) shall be made 
                available to the public and posted on the websites of 
                the Department of the Treasury and the Department of 
                State.

SEC. 5. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS THAT EXPORT 
              SENSITIVE TECHNOLOGY TO SYRIA AND THEIR AFFILIATES.

    (a) In General.--Except as provided in subsection (b), and pursuant 
to such regulations as the President may prescribe, the head of an 
executive agency may not enter into or renew a contract, on or after 
the date that is 90 days after the date of the enactment of this Act, 
for the procurement of goods or services with--
            (1) a person that exports sensitive technology to Syria; or
            (2) any person that--
                    (A) is a successor entity to a person referred to 
                in paragraph (1);
                    (B) owns or controls a person referred to in 
                paragraph (1), if the person that owns or controls the 
                person referred to in paragraph (1) has actual 
                knowledge or should know that the person referred to in 
                paragraph (1) exports sensitive technology to Syria; or
                    (C) is owned or controlled by, or under common 
                ownership or control with, a person referred to in 
                paragraph (1), if the person owned or controlled by, or 
                under common ownership or control with (as the case may 
                be), the person referred to in paragraph (1) knowingly 
                engages in the exportation by the person referred to in 
                paragraph (1) of sensitive technology to Syria.
    (b) Authorization To Exempt Certain Products.--The President is 
authorized to exempt from the prohibition under subsection (a) only 
eligible products, as defined in section 308(4) of the Trade Agreements 
Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or 
instrumentality designated under section 301(b) of that Act (19 U.S.C. 
2511(b)).
    (c) Sensitive Technology Defined.--
            (1) In general.--The term ``sensitive technology'' means 
        hardware, software, telecommunications equipment, or any other 
        technology, that the President determines is to be used 
        specifically--
                    (A) to restrict the free flow of unbiased 
                information in Syria; or
                    (B) to disrupt, monitor, or otherwise restrict 
                speech of the people of Syria.
            (2) Exception.--The term ``sensitive technology'' does not 
        include information or informational materials the exportation 
        of which the President does not have the authority to regulate 
        or prohibit pursuant to section 203(b)(3) of the International 
        Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
    (d) Special Rule To Allow for Termination of Sanctionable 
Activity.--The prohibition in subsection (a) shall not apply with 
respect to a person described in paragraph (1) or (2) of subsection (a) 
if the President certifies in writing to the appropriate congressional 
committees that--
            (1) the person described in paragraph (1) of that 
        subsection is no longer engaging in, or has taken significant 
        verifiable steps toward stopping, exporting sensitive 
        technology to Syria; and
            (2) the President has received reliable assurances that 
        that person will not knowingly export sensitive technology to 
        Syria in the future.

SEC. 6. WAIVER.

    The President may waive the requirement to include a person on a 
list required by section 2, 3, or 4 or to impose sanctions pursuant to 
any such section, or the application of section 5(a), if the 
President--
            (1) determines that such a waiver is in the national 
        security interests of the United States; and
            (2) submits to the appropriate congressional committees a 
        report on the reasons for that determination.

SEC. 7. TERMINATION.

    (a) In General.--The provisions of this Act and any sanctions 
imposed pursuant to this Act shall terminate on the date on which the 
President submits to the appropriate congressional committees--
            (1) the certification described in subsection (b); and
            (2) a certification that--
                    (A) the Government of Syria is democratically 
                elected and representative of the people of Syria; or
                    (B) a legitimate transitional government of Syria 
                is in place.
    (b) Certification Described.--A certification described in this 
subsection is a certification by the President that the Government of 
Syria--
            (1) has unconditionally released all political prisoners;
            (2) has ceased its practices of violence, unlawful 
        detention, torture, and abuse of citizens of Syria engaged in 
        peaceful political activity;
            (3) has ceased its practice of procuring sensitive 
        technology designed to restrict the free flow of unbiased 
        information in Syria, or to disrupt, monitor, or otherwise 
        restrict the right of citizens of Syria to freedom of 
        expression;
            (4) has ceased providing support for foreign terrorist 
        organizations and no longer allows such organizations, 
        including Hamas, Hezbollah, and Palestinian Islamic Jihad, to 
        maintain facilities in territory under the control of the 
        Government of Syria;
            (5) has ceased the development and deployment of medium- 
        and long-range surface-to-surface ballistic missiles;
            (6) is not pursuing or engaged in the research, 
        development, acquisition, production, transfer, or deployment 
        of biological, chemical, or nuclear weapons, and has provided 
        credible assurances that it will not engage in such activities 
        in the future; and
            (7) has agreed to allow the United Nations and other 
        international observers to verify that the Government of Syria 
        is not engaging in such activities and to assess the 
        credibility of the assurances provided by that Government.
    (c) Suspension of Sanctions After Election of Democratic 
Government.--If the President submits to the appropriate congressional 
committees the certification described in subsection (a)(2), the 
President may suspend the provisions of this Act and any sanctions 
imposed under this Act for not more than one year to allow time for a 
certification described in subsection (b) to be submitted.

SEC. 8. RECORDKEEPING.

    The President may prescribe such regulations requiring 
recordkeeping, reporting, and production of documents as the President 
determines appropriate to carry out this Act.

SEC. 9. DEFINITIONS.

    In this Act, the terms ``appropriate congressional committees'' and 
``knowingly'' have the meanings given those terms in section 14 of the 
Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
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