S. 856 — Introduced in Senate

II 113th CONGRESS 1st Session S. 856 IN THE SENATE OF THE UNITED STATES May 6, 2013 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To foster stability in Syria, and for other purposes. 1. Short title; Table of contents (a) Short title This Act may be cited as the Syria Stabilization Act of 2013. (b) Table of contents Sec. 1. Short title; Table of contents. Sec. 2. Appropriate congressional committees defined. Sec. 3. Findings. Sec. 4. Statement of policy. TITLE I—Humanitarian assistance Sec. 101. Humanitarian assistance to the people of Syria. Sec. 102. Sense of Congress. Sec. 103. Report on strategy to communicate to the Syrian people about assistance provided by the United States Government. TITLE II—Promoting an effective transition Sec. 201. Syrian transition fund. Sec. 202. Adjusting sanctions provisions in preparation for a political transition. TITLE III—Sanctions Sec. 301. Imposition of sanctions on persons providing defense articles or defense services to the Assad regime of Syria. Sec. 302. Imposition of sanctions on persons providing petroleum or petroleum products to the Assad regime of Syria. TITLE IV—Increased Support for the Opposition Sec. 401. Increased support for the opposition. 2. Appropriate congressional committees defined In this Act, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations of the Senate and House of Representatives. 3. Findings Congress makes the following findings: (1) Since mass peaceful demonstrations started in Syria on March 15, 2011, the Government of Syria, led by President Bashar al-Assad, has responded by committing human rights abuses and launching a violent crackdown that has claimed an estimated 70,000 lives and degenerated into a civil war. (2) The civil war has caused a humanitarian crisis. According to the United Nations, there are more than 1,400,000 Syrian refugees registered in Lebanon, Turkey, Jordan, Egypt, and Iraq and more than 2,600,000 Syrians displaced within the country. More than three-quarters of refugees and internally displaced persons are women and children. (3) The refugee crisis threatens the stability of the Middle East, putting immense burdens on Syria’s neighbors, most notably Lebanon and Jordan, but also Turkey and Iraq. (4) The civil war has increased the danger that the Assad regime could lose control of its chemical weapons stockpile or choose to use chemical weapons against civilians or armed opposition fighters in Syria. (5) On April 25, 2013, the White House issued a letter to Congress stating that our intelligence community does assess with varying degrees of confidence that the Syrian regime has used chemical weapons on a small scale in Syria, specifically the chemical agent Sarin. (6) The security vacuum in Syria has created a safe haven for both Shia and Sunni extremists, who could in the future threaten the security of the United States and its partners. (7) Instability in Syria has threatened Israel’s security, particularly on the shared border along the Golan Heights. (8) A change in government could be a significant blow to Iran and Hezbollah, which would lose a strong ally and who have been aggressively providing military assistance to President Assad. (9) The commitments made by the National Coalition for Syrian Revolutionary and Opposition Forces at the international meeting in Istanbul on April 20 and 21, 2013, constitute an important endorsement of shared principles and objectives that should guide United States Government cooperation with the National Coalition for Syrian Revolutionary and Opposition Forces and affiliated forces. These principles include a commitment to the territorial integrity of Syria, a rejection of sectarianism and extremism, and pledges to secure chemical weapons and support nonproliferation efforts. 4. Statement of policy It is the policy of the United States— (1) to support transition from the current regime in Syria to a just and democratic state that is inclusive and protects the rights of all Syrians regardless of religion, ethnicity, or gender; (2) to assist the people of Syria, especially internally displaced persons and refugees, in meeting basic needs including access to food, health care, shelter, and clean drinking water; (3) to provide political and economic support to those neighboring countries who are hosting refugees fleeing Syria and to international organizations that are providing assistance and coordinating humanitarian relief efforts; (4) to oppose the unlawful use of violence against civilians by all parties to the conflict in Syria; (5) to use a broad array of pressure instruments to expedite a negotiated solution to the conflict in Syria, including the removal from power of the government of Bashar al-Assad; (6) to recognize the National Coalition for Syrian Revolutionary and Opposition Forces (in this Act referred to as the Syrian Opposition Coalition or SOC) as the legitimate representative of the Syrian people; (7) to engage with the SOC and a diverse and inclusive array of opposition groups that are representative of the Syrian people, as well as the broader international community, to facilitate and plan for an orderly transition to a more stable democratic political order, the elements of which should include— (A) protections for human rights, political participation, and religious freedom for all Syrians, irrespective of religion, ethnicity, or gender; (B) support for the rule of law; (C) rejection of extremism; (D) the subordination of the military to civilian authority; (E) protections against sectarian violence and reprisal; (F) cooperation with international counterterrorism and nonproliferation efforts; (G) support for regional stability and non-interference in the affairs of neighboring countries; and (H) promotion of justice and accountability for conflict-related crimes; (8) to promote the territorial integrity of Syria and the unity and continuity of the Syrian state by— (A) supporting a post-Assad government that is capable of providing security, services, and fundamental rights for its people; and (B) opposing a role in a post-Assad government of those whose presence would undermine its credibility or jeopardize stability and reconciliation; (9) to provide foreign assistance, defense articles, defense services, and training to members of the Syrian Supreme Military Council, units of the Free Syrian Army, and other Syrian entities opposed to the government of Bashar al-Assad that have been properly vetted and share common values and interests with the United States; (10) to closely coordinate with key partners, including Turkey, Jordan, Israel, the Gulf Cooperation Council, and the European Union, to ensure that the international community is prepared for a military or diplomatic response, including the creation of no-fly zones or safe havens, the protection of civilians, and the securing of chemical or biological weapons, to mitigate or prevent humanitarian, security, and proliferation emergencies; and (11) to support efforts to catalogue and identify those individuals who commit or lead units or organizations which commit abuses of human rights or other violations of international law, and to ensure that they are held accountable for their actions. I Humanitarian assistance 101. Humanitarian assistance to the people of Syria Notwithstanding any other provision of law, the President is authorized to provide assistance, including to meet humanitarian and basic human needs, to the people of Syria in carrying out the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Migration and Refugee Assistance Act. 102. Sense of Congress Consistent with the policy objectives described in section 4, it is the sense of Congress that— (1) the United States should increase its own contributions and continue to coordinate with other donor nations, the United Nations, other multilateral agencies, and nongovernmental organizations to enhance the effectiveness of humanitarian assistance to the people suffering as a result of the crisis in Syria; (2) countries hosting Syrian refugees should be commended for their efforts and should be encouraged to maintain an open border policy for fleeing Syrians; (3) the United States Government should continue to work with these partners to help their national systems accommodate the population influx and also maintain delivery of basic services to their own citizens; and (4) the United States Government should seek to identify humanitarian assistance as originating from the American people wherever possible, while maintaining primary consideration for the health and safety of the implementers and recipients of that assistance and for the furtherance of United States foreign policy goals. 103. Report on strategy to communicate to the Syrian people about assistance provided by the United States Government (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a classified report with an unclassified summary on an integrated United States Government strategy to ensure that the people of Syria are made aware to the maximum extent possible of the assistance that the United States Government provides to Syrians, both inside Syria and those seeking refuge in neighboring countries. (b) Content The report should include the following elements: (1) A discussion of how the United States balances three imperatives of— (A) maximizing the efficacy of aid provided to the people of Syria; (B) ensuring that there is awareness among the people of Syria on the amount and nature of this aid; and (C) leveraging this aid to improve the credibility of the Syrian Opposition Coalition amongst the people of Syria. (2) Methods by which the United States Government and its partners plan to communicate to the people of Syria what assistance the United States has provided. (3) How the United States Government can most effectively promote awareness of its assistance while taking into consideration and ensuring the safety of its implementing partners and personnel providing that assistance. (4) An assessment of the Syrian Opposition Coalition’s Assistance Coordination Unit (ACU)’s capacity to participate in the distribution of assistance, and a description of steps the United States Government is taking to increase their profile so as to help build their credibility among Syrians. (5) A review of the risks associated with leveraging aid for political objectives and a description of efforts to maintain neutrality in the distribution of goods while parallel efforts are made to empower the opposition. II Promoting an effective transition 201. Syrian transition fund (a) Syrian political transition fund The President is authorized to establish a Syria Transition Fund or to set aside a special allocation (in this title referred to as the Transition Fund) from which funds may be made available, notwithstanding any other provision of law, for assistance and contributions to promote the objectives described in section 4 and for related purposes. The Fund may rely upon the administrative authorities of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and obligation of such funds shall be subject to the regular 15-day notification procedures. Such notification may be waived if failure to do so would pose a substantial risk to human health or welfare, in which case notification shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable. (b) Purpose The purpose of the Transition Fund is to provide initial support in the early period of a potentially chaotic transition in Syria to enable an effective political transition and provide for initiatives that will improve the security of the United States, United States partners and allies, and the people of Syria. The Transition Fund may be used to support activities including the following: (1) Basic services Programs to provide for basic human, including humanitarian, needs and establish basic governmental services. (2) Security sector support Programs and actions to prevent anarchy, revenge attacks, and criminal elements from threatening the people of Syria, potentially transitioning to include providing funding for Syrian security forces, and to fund projects to reshape and reform the security sector along democratic lines. The security sector is understood to include personnel defending the Syrian people from military attack and providing security services within communities and on borders. Assistance to the emergent Syrian security sector should focus on coordinated multilateral assistance to help nascent security providers evolve into developed defense and security institutions within an inclusive and effective security and justice sector. (3) Transitional justice and conflict resolution Programs and activities that allow the people of Syria to heal and transform in a constructive and positive way, and reduce the likelihood of retribution or sectarian violence in the aftermath of the end of the Assad regime. (4) Promoting democracy and building democratic institutions Programs and activities that— (A) facilitate the development of an accountable effective democratic government; (B) facilitate the development of an effective, peaceful civil society; (C) protect rule of law during the transition; (D) support the development and administration of a justice system based on universal human rights; (E) assist with the development of a Syrian constitution that fosters a sense of unity and contributes to national reconciliation among different components of Syrian society; and (F) support the establishment of an inclusive and transparent electoral system in Syria. (5) Economic restructuring and social policy Programs that support the resumption of economic activity, preserve functioning of public services, restore access to international markets, empower the private sector, and promote responsible and equitable social policies. (6) Historical preservation Programs that support historical preservation efforts to help document the collective memory of the armed conflict in Syria in order to support the processes of national reconciliation and peace-building. (7) Collection of evidence on human rights abuses Programs that support the collection of evidence connected with serious human rights abuses and violations of international law. (c) Authorization of appropriations In addition to other assistance authorized under law, there is authorized to be appropriated or allocated to the Transition Fund up to $250,000,000 annually for fiscal years 2013 through 2015. These funds shall remain available until expended. (d) Uses of funds for nonproliferation Notwithstanding any other provision of law, up to $100,000,000 of the funds authorized under subsection (c) may also be transferred to and merged with funds made available to carry out in Syria the purposes of chapter 9 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.; nonproliferation and export control assistance). (e) Transfer authority (1) In general In addition to other transfer authorities available to the Department of State or other United States Government agencies, funds available for foreign assistance or funds of other United States Government agencies involved in efforts related to the situation in Syria may be transferred to or allocated as part of the Fund. Amounts so transferred shall be merged with funds otherwise made available under this section and remain available until expended for the purposes specified in subsection (b). (2) Limit The total amount of funds made available to, or allocated for, the Fund may not exceed $250,000,000 in any fiscal year. (3) Transfer authority Funds available to carry out assistance authorized by this section may be transferred to an agency or account determined most appropriate to facilitate the provision of assistance authorized by this section. (4) Additional to other authorities The transfer authorities in paragraphs (1) and (3) are in addition to any other transfer authority available to the Department of State or other United States Government agencies. (f) Annual report (1) In general Not later than 180 days after the establishment of the Transition Fund, or an allocation in reliance on the authorities of the Transition Fund, and annually thereafter for the duration of the Transition Fund, the Secretary of State shall submit to the appropriate congressional committees a report on United States efforts to assist the political transition in Syria with a specific focus on the efforts supported by the Transition Fund. (2) Content The report required under paragraph (1) shall include the following elements: (A) A description of the key efforts undertaken by the United States Government to support the policy objectives outlined in section 4. (B) A description of the efforts supported by the Transition Fund to support an effective and secure political transition in Syria and how those activities align with the purposes described in subsection (b). (C) Metrics and benchmarks established and used by the Department of State to make allocations from the Transition Fund, and to measure the performance of the Transition Fund and its various components. (D) A description of efforts undertaken to coordinate with other donors and ensure that there is not a duplication of efforts, including among Federal agencies. (3) Form The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 202. Adjusting sanctions provisions in preparation for a political transition (a) Removal of sanctions It is the sense of Congress that, once the Government of Syria has ceased its campaign of violence against the people of Syria and a transition to a representative and inclusive recognized government has begun, the United States Government should begin a phased process to remove sanctions on Syria, provided that the post-Assad Government of Syria demonstrates its willingness to— (1) support human rights for all Syrians irrespective of sect or ethnicity; (2) reject terrorism; and (3) cooperate with the international community on nonproliferation efforts. (b) Amendment to Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 Section 5 of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (Public Law 108–175; 22 U.S.C. 2151 note) is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by inserting (A) after (1); and (ii) by striking paragraphs (1) through (4) of subsection (d) and inserting subparagraphs (A) through (D) of paragraph (1) of subsection (d); (B) by redesignating paragraphs (2) and (3) as subparagraphs (B) and (C), respectively; and (C) in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking the comma at the end and inserting the following: “or; (2) makes the determination that the Government of Syria meets the requirements described in paragraph (2) of such subsection and certifies such determination to Congress in accordance with such subsection, ; and (2) in subsection (d)— (A) in paragraph (1), by inserting (A) after (1); (B) by redesignating paragraphs (2), (3), and (4) as subparagraphs (B), (C), and (D), respectively; and (C) in subparagraph (D), as redesignated by subparagraph (B), by striking the period at the end and inserting the following: “or; (2) (A) Bashar al-Assad is no longer the leader of Syria; and (B) the Government of Syria has ceased its campaign of violence against the people of Syria and begun the transition to a representative and inclusive government that supports the principles of— (i) human rights for all Syrians irrespective of sect, religion, or ethnicity; (ii) rejection of terrorism and particularly support for Hezbollah and other terrorist organizations; (iii) cooperation with the international community on nonproliferation efforts; and (iv) promotion of the unity and continuity of the Syrian state. . III Sanctions 301. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives. (2) Defense article; defense service The terms defense article and defense service have the meanings given those terms in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403). (3) Person The term person means an individual or entity. (4) Petroleum The term petroleum includes crude oil and any mixture of hydrocarbons that exists in liquid phase in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities. (5) Petroleum products The term petroleum products includes unfinished oils, liquefied petroleum gases, pentanes plus, aviation gasoline, motor gasoline, naptha-type jet fuel, kerosene-type jet fuel, kerosene, distillate fuel oil, residual fuel oil, petrochemical feedstocks, special naphthas, lubricants, waxes, petroleum coke, asphalt, road oil, still gas, and miscellaneous products obtained from the processing of crude oil (including lease condensate), natural gas, and other hydrocarbon compounds. 302. Imposition of sanctions with respect to persons providing defense articles or defense services to the Assad regime of Syria On or after the date that is 60 days after the date of the enactment of this Act, the President may impose sanctions from among the sanctions described in section 304 with respect to any person that the President determines has, on or after such date of enactment, knowingly participated in or facilitated a significant transaction related to the sale or transfer of defense articles or defense services to the Assad regime of Syria, including any successor entity comprised principally of loyalists to Bashar al-Assad. 303. Imposition of sanctions with respect to persons providing petroleum or petroleum products to the Assad regime of syria (a) In general On or after the date that is 60 days after the date of the enactment of this Act, the President shall impose not fewer than 5 of the sanctions described in section 304 with respect to each person that the President determines has, on or after such date of enactment, knowingly participated in or facilitated a significant transaction related to the sale or transfer of petroleum or petroleum products to the Assad regime of Syria, including any successor entity comprised principally of loyalists to Bashar al-Assad, that directly contribute to the capability of the Assad regime, or any such successor entity, to continue its aggression against the people of Syria. (b) Humanitarian exception The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction necessary to meet humanitarian and basic human needs of the people of Syria. 304. Sanctions described The sanctions the President may impose with respect to a person under sections 302 and 303 are the following: (1) Export-Import Bank assistance The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the person. (2) Procurement sanction The President may prohibit the United States Government entering into any contract for the procurement of any goods or services from the person. (3) Import sanctions The President may prohibit the importation into the United States of products produced by the person. (4) Arms export prohibition The President may prohibit the exportation or provision by sale, lease or loan, grant or other means, directly or indirectly, of any defense article or defense service to the person and the issuance of any license or other approval to the person under section 38 of the Arms Export Control Act (22 U.S.C. 2778). (5) Dual-use export prohibition The President may deny licenses and suspend existing licenses for the transfer to the person of items the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations. (6) Property transactions The President may, pursuant to such regulations as the President may prescribe, prohibit the person from— (A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the person has any interest; (B) dealing in or exercising any right, power, or privilege with respect to such property; or (C) conducting any transaction involving such property. (7) Visa ineligibility In the case of a person that is an alien, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, the person, subject to 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 and other applicable international obligations. 305. Waiver (a) In general The President may waive the application of section 302 or 303 if the President determines and reports to the appropriate congressional committees every 180 days that the waiver is vital to the national security interests of the United States. (b) Form A report submitted under subsection (a) shall be submitted in unclassified form but may include a classified annex. IV Increased Support for the Opposition 401. Increased support for the opposition (a) Increased authorization To provide lethal and nonlethal assistance to Syrian armed opposition Subject to subsection (b), the President is authorized, notwithstanding any other provision of law and using funds made available for foreign assistance, to provide assistance, including defense articles, defense services, and training to members of the Syrian Supreme Military Council, units of the Free Syrian Army, and other Syrian entities opposed to the government of Bashar al-Assad. (b) Notification Not later than 15 days before obligating funds or otherwise making commitments, as the case may be, to provide the assistance described in subsection (a), the President shall submit to the appropriate congressional committees— (1) a certification that— (A) assistance to any unit is being provided in accordance with section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d); (B) the leader or leaders of any unit for which assistance is planned to be provided are, based on the information available to the United States Government— (i) not affiliated with any organization that has been designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); (ii) opposed to the carrying out of sectarian violence and revenge killings; and (iii) committed to civilian rule and the rule of law for Syria; (C) any military education and training will include information on observance of and respect for applicable laws of war, human rights, and fundamental freedoms; and (D) no man-portable air defense systems (MANPADS) will be transferred as part of the assistance; and (2) a written policy justification, budget, execution plan and timeline, and anticipated completion date for the planned activity. (c) Code of conduct The United States Government shall encourage any entity receiving assistance pursuant to subsection (a) to commit to a code of conduct that includes respect for the applicable laws of war, human rights, fundamental freedoms, and a commitment to refrain from sectarian violence. (d) Reporting requirement In the event that the President exercises the authority in subsection (a), the President shall submit to the appropriate congressional committees every 90 days thereafter until such time as the authority is no longer being exercised, a detailed report on— (1) the education, training or assistance provided; (2) the vetting conducted to satisfy the certification requirement in subsection (b)(1); and (3) steps taken to encourage the development of a code of conduct outlined in subsection (c). (e) Sunset provision The authority described in subsection (a) shall terminate on October 1, 2018.