Caesar Act 2.0

Bill: 118-s-5095
Sponsor: full_name: Sen. Cardin, Benjamin L. [D-MD]
Introduced: 2024-09-18
Policy area: International Affairs
Latest action: action_date: 2024-09-18
text: Read twice and referred to the Committee on Foreign Relations.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5095 IN THE SENATE OF THE UNITED STATES September 18, 2024 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To counter efforts to recognize or normalize relations with any Government of Syria that is led by Bashar al-Assad, and for other purposes.

1. Short titles; table of contents (a) Short titles This Act may be cited as the Supporting Syrian Civilians Act or the Caesar Act 2.0 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short titles; table of contents. Sec. 2. Modifications to the Caesar Syria Civilian Protection Act. Sec. 3. Statement of policy regarding the prohibition of recognition of the Assad regime. Sec. 4. Interagency strategy to counter normalization with Assad regime. Sec. 5. Reports on manipulation of United Nations by the Assad regime in Syria. Sec. 6. Briefing before force posture change. Sec. 7. Economic support funds for Syria. Sec. 8. Countering Captagon trafficking. Sec. 9. Briefing on steps to free Austin Tice and repatriate American remains from Syria. 2. Modifications to the Caesar Syria Civilian Protection Act (a) Caesar Syria Civilian Protection Act Section 7412(a) of the Caesar Syria Civilian Protection Act of 2019 (title LXXIV of the National Defense Authorization Act for Fiscal Year 2020; 22 U.S.C. 8791 note) is amended— (1) in paragraph (1), by striking the President shall impose and all that follows and inserting the following: the President— (A) shall impose the sanctions described in subsection (b) with respect to a foreign person that the President determines— (i) knowingly engages, on or after such date of enactment, in an activity described in paragraph (2); or (ii) is owned or controlled by a foreign person described in clause (i); and (B) may impose the sanctions described in subsection (b) with respect to a foreign person that the Secretary of State determines knowingly provides, on or after such date of enactment, significant financial, material, or technological support to a foreign person engaging in an activity described in any of subparagraphs (B) through (H) of paragraph (2). ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) by amending clause (i) to read as follows: (i) the Government of Syria (including any entity owned or controlled by the Government of Syria), a senior political figure of the Government of Syria, a member of the People’s Assembly of Syria, or a senior foreign political figure (as defined in section 101.605 of title 31, Code of Federal Regulations) of the Arab Socialist Ba’ath Party of Syria, including any such senior foreign political figure who is a member of the Central Command, Central Committee, or Auditing and Inspection Committee of such Party; ; (ii) in clause (ii), by striking ; or and inserting a semicolon; (iii) in clause (iii), by striking the semicolon at the end and inserting ; or ; and (iv) by adding at the end the following: (iv) Syria Arab Airlines, Cham Wings, or any foreign person owned or controlled by Syria Arab Airlines or Cham Wings; ; (B) by amending subparagraph (C) to read as follows: (C) knowingly sells or provides aircraft or spare aircraft parts— (i) to the Government of Syria; or (ii) on behalf of the Government of Syria to any foreign person operating in an area directly or indirectly controlled by the Government of Syria or foreign forces under the direction or control of the Government of Syria; ; (C) in subparagraph (D), by striking or at the end; (D) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (F) purposefully engages in or directs— (i) the significant diversion of valuable goods (including agricultural commodities, food, medicine, and medical devices) or any international humanitarian assistance intended for the people of Syria; or (ii) the dealing in the significant misappropriation of proceeds from the sale or resale of such significant diverted goods or international humanitarian assistance, as the case may be; (G) knowingly engages in, or attempts to engage in, the significant seizure, confiscation, theft, or expropriation for personal gain or political purposes of significant property, including real property, in Syria or owned by a citizen of Syria; or (H) knowingly and directly engages in, or attempts to engage in, a transaction or transactions for or with seized, confiscated, stolen, or expropriated property described in subparagraph (G). . (b) Report on Caesar Syria Civilian Protection Act of 2019 (1) Defined term In this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Banking, Housing, and Urban Affairs of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Financial Services of the House of Representatives . (2) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary of the Treasury, with the concurrence of the Secretary of State, shall submit a report to the appropriate congressional committees describing the implementation of sanctions under the Caesar Syria Civilian Protection Act of 2019 , as amended by this Act. (3) Elements Each report submitted pursuant to paragraph (2) shall describe— (A) all individuals or entities sanctioned under the authorities granted by the Caesar Syria Civilian Protection Act of 2019 ; (B) all individuals and entities determined to be eligible for sanction under the authorities granted by the Caesar Syria Civilian Protection Act of 2019 who have not yet been sanctioned under such authorities; (C) all individuals and entities currently under consideration for sanction under the authorities granted by the Caesar Syria Civilian Protection Act of 2019 ; and (D) the steps taken to explain to financial institutions sanctions liability under the authorities granted by the Caesar Syria Civilian Protection Act of 2019 and the date such steps were taken. (4) Form Each report required under paragraph (2) shall be submitted in an unclassified form, but may contain a classified annex that is submitted separately from the unclassified report. (c) Exceptions Section 7432 of the Caesar Syria Civilian Protection Act of 2019 ( 22 U.S.C. 8791 note) is amended to read as follows: 7432. Exceptions (a) Definitions In this section: (1) Agricultural commodity The term agricultural commodity has the meaning given such term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). (2) Good The term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (3) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (4) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (b) Exception To comply with United Nations headquarters agreement and law enforcement activities Sanctions under this Act shall not apply with respect to the admission of an alien to the United States if admitting or paroling such alien into the United States is necessary— (1) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (2) to carry out or assist authorized law enforcement activity in the United States. (c) Exception To comply with intelligence activities Sanctions under this Act shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (d) Humanitarian assistance Sanctions under this Act shall not apply to— (1) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for other humanitarian purposes; or (2) transactions that are necessary for, or related to, the activities described in paragraph (1). . (d) Extension of sunset Section 7438 of the Caesar Syria Civilian Protection Act of 2019 is amended by striking the date that is 5 years after the date of the enactment of this Act and inserting December 31, 2028 . (e) Determinations with respect to the Syria Trust for Development (1) Defined term In this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Banking, Housing, and Urban Affairs of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Financial Services of the House of Representatives . (2) Determinations Not later than 120 days after the date of the enactment of this Act, the President shall— (A) determine whether the nonprofit organization chaired by Asma Al-Assad, the First Lady of Syria, known as the Syria Trust for Development meets the criteria for the imposition of sanctions— (i) under section 7412(a) of the Caesar Syria Civilian Protection Act of 2019, as amended by subsection (a); (ii) under Executive Order 13894 (84 Fed. Reg. 55851; relating to blocking property and suspending entry of certain persons contributing to the situation in Syria); or (iii) by nature of being owned or controlled by a person designated under any executive order or regulation administered by the Office of Foreign Assets Control; and (B) submit to the appropriate congressional committees each such determination, including a justification for the determination. (3) Form Each determination required under paragraph (2)(B) shall be submitted in unclassified form, but the justification specified in such paragraph may be included in a classified annex. The unclassified determination shall be made available on a publicly available website of the Federal Government. 3. Statement of policy regarding the prohibition of recognition of the Assad regime It is the policy of the United States— (1) to not recognize or normalize relations with any Government of Syria that is led by Bashar al-Assad due to the Assad regime’s ongoing crimes against the Syrian people, including failure to meet the criteria outlined in section 7431(a) of the Caesar Syria Civilian Protection Act of 2019 ( 22 U.S.C. 8791 note); (2) to actively oppose recognition or normalization of relations by other governments with any Government of Syria that is led by Bashar Al-Assad, including by fully implementing the mandatory primary and secondary sanctions in the Caesar Syria Civilian Protection Act of 2019 and Executive Order 13894 (84 Fed. Reg. 55851; relating to blocking property and suspending entry of certain persons contributing to the situation in Syria); (3) to continue to actively advance the national interests of the United States in Syria, including— (A) counterterrorism and counternarcotic operations; (B) the provision of humanitarian assistance to the Syrian people, including earthquake-related early recovery; and (C) significant diplomatic efforts towards the advancement of a political solution to the Syrian conflict in adherence with United Nations Security Council Resolution 2254 (2015); and (4) to take all necessary steps to secure— (A) the release of Austin Tice and other hostages and unjustly detained United States nationals within Syria; and (B) the repatriation of the remains of United States nationals killed by the Assad regime or by the Islamic State in Syria, including Majd Kamalmaz, Kayla Mueller, James Foley, Peter Kassig, and Steven Sotloff. 4. Interagency strategy to counter normalization with Assad regime (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on the Judiciary of the Senate ; (C) the Committee on Banking, Housing, and Urban Affairs of the Senate ; (D) the Committee on Foreign Affairs of the House of Representatives ; (E) the Committee on the Judiciary of the House of Representatives ; and (F) the Committee on Financial Services of the House of Representatives . (2) Covered transaction The term covered transaction means a transaction, including an investment, grant, contract, or donation (including a loan or other extension of credit) by a foreign person that is a representative, citizen, or entity incorporated exclusively under the laws of the Republic of Türkiye, the United Arab Emirates, Egypt, Jordan, Iraq, Oman, Bahrain, Kuwait, the Kingdom of Saudi Arabia, Tunisia, Algeria, Morocco, Libya, or Lebanon to a recipient located in any area of Syria controlled by the Assad regime. (b) Report required (1) Submission Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period not to exceed 3 years, the Secretary of State, in consultation with the Secretary of the Treasury and the heads of other appropriate Federal departments and agencies, shall submit a report to the appropriate congressional committees that describes— (A) the steps taken or planned to be taken by foreign governments to normalize or upgrade political, diplomatic, or economic ties with the regime led by Bashar al-Assad in Syria (referred to in this Act as the Assad regime ); and (B) the actions taken by the United States Government to counter such steps. (2) Elements The report submitted pursuant to paragraph (1) shall include— (A) a description of— (i) violations of international law and human rights abuses committed by Bashar al-Assad, the Government of the Russian Federation, or the Government of Iran; and (ii) progress made towards achieving justice for the Syrian people and accountability for the violators; (B) a list, including the identification of— (i) any single covered transaction exceeding $2,500,000; and (ii) any combination of covered transactions by the same source within a 12-month period that exceed $2,500,000, in the aggregate; (C) for each identified single transaction or aggregate transactions, as the case may be, included in the list described in subparagraph (B), a determination of whether such transaction subjects any of the parties to the transaction to sanctions under the Caesar Syria Civilian Protection Act of 2019, as amended by section 2; (D) a description of the steps the United States is taking to actively deter recognition or normalization of relations by other governments with the Assad regime, including specific diplomatic engagements and the use of economic sanctions authorized by Federal statutes or implemented through Executive Orders, including— (i) the Caesar Syria Civilian Protection Act of 2019 ( 22 U.S.C. 8791 note); (ii) the Syria Accountability and Lebanese Sovereignty Restoration Act ( 22 U.S.C. 2151 note); (iii) the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8501 et seq. ); (iv) Executive Order 13894 (84 Fed. Reg. 55851; relating to blocking property and suspending entry of certain persons contributing to the situation in Syria); (v) the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ); (vi) the Countering American Adversaries through Sanctions Act ( 22 U.S.C. 9401 et seq. ); and (vii) the Foreign Narcotics Kingpin Designation Act (title VIII of Public Law 106–120 ; 21 U.S.C. 1901 et seq. ); and (E) an assessment of how recognition of, or normalization of relations with, the Assad regime by other governments impacts— (i) the national security of the United States; (ii) the material benefits of such recognition or normalization to the Assad regime; (iii) the normalizing government prospects for the implementation of United Nations Security Council Resolution 2254; (iv) prospects for justice and accountability for war crimes in Syria; and (v) the benefits derived by the Government of the Russian Federation or the Government of Iran. (c) Temporal scope The initial report required under subsection (b) shall address the period beginning on January 1, 2022, and ending on the date of the enactment of this Act. Each subsequent report shall address the 1-year period immediately following the last day covered by the most recently submitted report. (d) Form Each report required under subsection (b) shall be submitted in an unclassified form, but may contain a classified annex. 5. Reports on manipulation of United Nations by the Assad regime in Syria (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period not to exceed 5 years, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes the manipulation of the United Nations by the Assad regime, including— (1) a description of conditions, both explicit and implicit, set by the Assad regime with respect to United Nations operations in Syria, including with respect to implementing partners, hiring practices, allocation of grants and contracts, and procurement of goods and services; (2) the identification of officials or employees of the United Nations (including funds, programs, and specialized agencies of the United Nations) with ties to the Assad regime, or persons designated for sanctions by United Nations donor countries; (3) an account of access restrictions imposed by the Assad regime and the overall impact of such restrictions on the ability of the United Nations to equitably deliver international assistance to target beneficiaries in areas outside the control of the Assad regime; (4) a description of ways in which United Nations aid directly benefits the Assad regime and its associates; (5) a description of the due diligence mechanisms and vetting procedures in place to ensure entities contracted by the United Nations to ensure goods, supplies, or services provided to Syria do not have links to the Assad regime, known human rights abusers, or persons designated for sanctions by United Nations donor countries; (6) the identification of entities affiliated with the Assad regime (including the Syria Trust for Development and the Syrian Arab Red Crescent), foreign government ministries, and private corporations owned or controlled by the Assad regime, which have received United Nations funding, contracts, or grants or have otherwise entered into a formalized partnership with the United Nations; (7) an assessment of how the Assad regime sets arbitrary or punitive exchange rates to extract funding from the United Nations, and the total amount extracted by such means; and (8) a strategy for— (A) reducing the ability of the Assad regime to manipulate or otherwise influence the United Nations and other aid operations in Syria; and (B) ensuring that United States and international aid is delivered in a neutral and impartial manner consistent with basic humanitarian principles. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 6. Briefing before force posture change Not later than 15 days before any decision to withdraw United States forces from any part of Syria where such forces are being deployed, the Secretary of Defense and the Secretary of State shall jointly brief the Committee on Foreign Relations of the Senate , the Committee on Armed Services of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Armed Services of the House of Representatives on the likely impacts of such withdrawal. 7. Economic support funds for Syria (a) Sense of Congress It is the sense of Congress that— (1) the humanitarian situation in areas of northwest Syria that are not controlled by the Assad regime remains dire, which is due in large part to ongoing attacks, diversion of cross-line assistance, and corruption by the Assad regime; (2) Syrian refugees and their host communities— (A) are under significant strain due to the prolonged conflict in Syria; and (B) require significant assistance from the international community; (3) it remains unsafe for Syrian refugees to return to Syria absent a formal cessation of hostilities and significant implementation of the principles laid out in United Nations Security Council Resolution 2254 (2015); (4) the forced return of Syrian refugees to Syria absent their consent or the aforementioned conditions violates the principle of non-refoulement; and (5) host countries must not forcibly return refugees to Syria without their consent absent a formal cessation of hostilities and significant implementation of the principles laid out in United Nations Security Council Resolution 2254 (2015). (b) Statement of policy It is the policy of the United States— (1) to provide humanitarian funding to northwest Syria outside of mechanisms controlled by the Assad regime; (2) to maintain basic services for communities in northwest Syria outside of Assad regime control; (3) to oppose the refoulement or otherwise forcible return of Syrian refugees and provide significant assistance to Syrian refugees and their host communities; and (4) to work with partners and allies to support the efforts described in paragraph (1) through (3). (c) Authorization of appropriations for humanitarian assistance for northwest Syria There is authorized to be appropriated, in addition to amounts already appropriated for such purpose, $10,000,000 in Economic Support Funds for the Syria Civil Defense (commonly known as the White Helmets ). (d) Report and strategy on stabilization funding for northwest Syria (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that assesses— (A) the feasibility of providing stabilization funding to areas of northwest Syria that are not under the control the Assad regime; and (B) the risks that such funds will be diverted and steps to counter such risks. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (e) Authorization of appropriations (1) Stabilization assistance for northwest syria (A) In general There is authorized to be appropriated $20,000,000 in Economic Support Funds for stabilization funding in areas of northwest Syria that are not under the control of the Assad Regime. (B) Briefing required None of the funds appropriated pursuant to subparagraph (A) may be expended until a senior official of the Department of State provides a briefing regarding such expenditure to— (i) the Committee on Foreign Relations of the Senate ; (ii) the Committee on Appropriations of the Senate ; (iii) the Committee on Foreign Affairs of the House of Representatives ; and (iv) the Committee on Appropriations of the House of Representatives . (2) Funds for syrian refugees and host communities There is authorized to be appropriated $50,000,000 in Economic Support Funds to support Syrian refugees and host communities in the Middle East and North Africa. 8. Countering Captagon trafficking (a) Report on strategy implementation (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives describing the implementation of the strategy submitted by the Secretary of State pursuant to section 1238(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ). (2) Elements Each report required under paragraph (1) shall include— (A) the amount of funds obligated for the previous fiscal year in support of the strategy referred to in such paragraph; and (B) a description of how such funds have supported each of the elements described in such strategy. (3) Form Each report required under paragraph (1) shall be submitted in an unclassified form, but may contain a classified annex that is transmitted separately from the unclassified report. (b) Authorization of appropriations There is authorized to be appropriated, in addition to any funds already appropriated for such purpose, $10,000,000 from the International Narcotics Control and Law Enforcement (INCLE) account to counter the production and trafficking of Captagon in the Middle East and North Africa, especially such trafficking carried out by the Assad Regime and Hezbollah. 9. Briefing on steps to free Austin Tice and repatriate American remains from Syria (a) Findings Congress finds the following: (1) Austin Tice, an American journalist, was kidnaped on August 14, 2012. (2) Majd Kamalmaz, an American psychotherapist, was detained by the Assad regime in February 2017, and subsequently murdered in captivity by the Assad regime. (3) Kayla Mueller and Peter Kassig, 2 American aid workers, and James Foley and Steven Sotloff, 2 American journalists, were all United States citizens who were murdered in Syria while being held in captivity by the Islamic State. (b) Sense of Congress It is the Sense of Congress that the United States Government should take all necessary steps— (1) to secure the release of Austin Tice and other Americans unjustly detained in Syria; and (2) to secure the return of the remains of Majd Kamalmaz, Kayla Mueller, James Foley, Peter Kassig, and Steven Sotloff. (c) Briefing required Not later than 90 days after the date of the enactment of this Act and annually thereafter for the following 5 years, the President shall provide a briefing to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding— (1) efforts by the United States Government— (A) to secure the release of Austin Tice and other unjustly detained Americans in Syria; and (B) to secure the return of the remains of Majd Kamalmaz, Kayla Mueller, James Foley, Peter Kassig, Steven Sotloff, and other United States nationals killed in captivity in Syria; and (2) the steps the United States Government is taking to keep the families of such persons informed of its efforts to secure the release of such persons or the return of their remains.