Promoting American National Security and Preventing the Resurgence of ISIS Act of 2019

II Calendar No. 327 116TH CONGRESS 1ST SESSION S. 2641 To promote United States national security and prevent the resurgence of ISIS, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 17, 2019 Mr. RISCH (for himself, Mr. MENENDEZ, Mr. RUBIO, Mr. JONES, Mr. GARD- NER, Mr. BARRASSO, Mr. PORTMAN, Ms. DUCKWORTH, Mrs. SHAHEEN, Mr. KAINE, Mr. DURBIN, Mr. COONS, Mr. WHITEHOUSE, Ms. HASSAN, Mr. PETERS, Mr. ISAKSON, Mrs. BLACKBURN, Mr. CASEY, and Mr. WAR- NER) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations DECEMBER 12, 2019 Reported by Mr. RISCH, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To promote United States national security and prevent the resurgence of ISIS, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 2 •S 2641 RS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Promoting American National Security and Preventing 3 the Resurgence of ISIS Act of 2019’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 Sec. 1. Short title; table of contents. TITLE I—PROMOTING STABILITY IN SYRIA Sec. 101. Appropriate congressional committees defined. Sec. 102. Findings. Sec. 103. Sense of Congress. Sec. 104. Strategy to prevent the resurgence of the Islamic State of Iraq and Al-Sham (ISIS) and its affiliates. Sec. 105. Briefings on Turkish incursion into Northeast Syria. Sec. 106. Humanitarian assistance to the people of Syria. Sec. 107. Report on accountability for violations of international law, including war crimes, and other harm to civilians in Syria during the Turkish incursion. Sec. 108. Restriction on arms sales to Turkey. Sec. 109. Opposition to loans from international financial institutions that ben- efit the Government of Turkey. Sec. 110. Statement of policy on denouncing targeting of Kurdish minority at the United Nations. Sec. 111. Participation of Turkey in NATO. Sec. 112. Report on net worth of President Recep Tayyip Erdog˘an. TITLE II—KURDISH REFUGEE CRISIS IN SYRIA Sec. 201. Findings. Sec. 202. United States refugee program priorities. TITLE III—SANCTIONS Sec. 301. Definitions. Sec. 302. Imposition of sanctions with respect to senior officials of the Govern- ment of Turkey. Sec. 303. Imposition of sanctions with respect to foreign persons providing arms to Turkish forces in Syria. Sec. 304. Imposition of sanctions with respect to financial institutions that fa- cilitate transactions for Turkish Armed Forces. Sec. 305. Imposition of CAATSA section 231 sanctions against Turkey. Sec. 306. Imposition of sanctions with respect to support by the Russian Fed- eration for the Assad regime. Sec. 307. Sanctions described. Sec. 308. Implementation; regulations; penalties. TITLE IV—TERMINATION PROVISIONS VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6411 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 3 •S 2641 RS Sec. 401. Appropriate congressional committees defined. Sec. 402. Termination of certain requirements. Sec. 403. Humanitarian waiver. Sec. 404. Sunset. TITLE I—PROMOTING STABILITY 1 IN SYRIA 2 SEC. 101. APPROPRIATE CONGRESSIONAL COMMITTEES 3 DEFINED. 4 In this title, the term ‘‘appropriate congressional 5 committees’’ means— 6 (1) the Committee on Foreign Relations, the 7 Committee on Armed Services, and the Committee 8 on Appropriations of the Senate; and 9 (2) the Committee on Foreign Affairs, the 10 Committee on Armed Services, and the Committee 11 on Appropriations of the House of Representatives. 12 SEC. 102. FINDINGS. 13 Congress makes the following findings: 14 (1) The Syrian Democratic Forces (SDF) have 15 fought on the frontlines against the Islamic State of 16 Iraq and al-Sham (ISIS), in close partnership with 17 the United States and United States allies. 18 (2) While territorial gains have been made, the 19 Department of Defense, as of August 2019, esti- 20 mates that ISIS likely retains between 14,000 and 21 18,000 ‘‘members’’ in Iraq and Syria, including up 22 to 3,000 foreigners. 23 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 4 •S 2641 RS (3) Since 2015, the United States Government 1 has deployed members of the United States Armed 2 Forces to Syria for the purpose of the counter-ISIS 3 campaign, in an advise, assist, and accompany role, 4 working closely with the SDF. 5 (4) The congressionally mandated Syria Study 6 Group in September 2019 found, ‘‘Although the 7 United States military mission in Syria is often 8 lumped together with the Iraq and Afghanistan mis- 9 sions in the ‘forever war’ category, the Syria case of- 10 fers a different, and far less costly, model. A small 11 United States military footprint, supported by 12 United States air power and other high-end capabili- 13 ties, reinforced by a global coalition of like-minded 14 allies and partners, rallied a local partner force 15 many times its size to liberate territory from a ter- 16 rorist group.’’ 17 (5) According to the Department of Defense, as 18 of August 2019, the SDF continued to hold about 19 10,000 ISIS fighters in detention centers in North- 20 east Syria this quarter. Of these, approximately 21 2,000 are foreigners from more than 50 countries. 22 The remaining 8,000 are Iraqi and Syrian. 23 (6) In August 2019, the United States Govern- 24 ment and the Government of Turkey began imple- 25 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 5 •S 2641 RS menting a security mechanism to address legitimate 1 Turkish security concerns along the Turkish Syrian 2 border in which United States and Turkey estab- 3 lished a Combined Joint Operations Center and the 4 SDF withdrew forces from certain areas. 5 (7) On October 9, 2019, Turkish military units 6 began operations in Syrian territory. 7 (8) On October 13, 2019, the SDF announced 8 a deal with President of Syria Bashar al-Assad’s re- 9 gime that would allow government forces to enter 10 the Kurdish-controlled areas of Northeast Syria for 11 the first time in years. 12 (9) On October 14, 2019, the governing coali- 13 tion of the Kurdish self-administered region in 14 Northeast Syria announced that they were finalizing 15 a Memorandum of Understanding with Russia. 16 (10) On October 14, 2019, the European Union 17 unanimously announced that it would suspend weap- 18 ons exports to Turkey in condemnation of their mili- 19 tary action against Syria. 20 SEC. 103. SENSE OF CONGRESS. 21 It is the sense of Congress that— 22 (1) the United States and Turkey have been 23 treaty allies since 1952, when Turkey became a 24 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 6 •S 2641 RS member of the North Atlantic Treaty Organization 1 (NATO); 2 (2) being a NATO member means that Turkey 3 is treaty bound to safeguard the principles of democ- 4 racy, individual liberty, and the rule of law, and im- 5 portantly, should be united with other NATO allies 6 in efforts for collective defense and the preservation 7 of peace and security; 8 (3) Turkey’s military invasion of Northeast 9 Syria is an unacceptable and unnecessary escalation 10 of tensions with the potential to cause a severe hu- 11 manitarian crisis and undo the collective gains made 12 in the fight against the Islamic State of Iraq and 13 Syria (ISIS) by the United States and the 81 coun- 14 tries and organizations of the Global Coalition to 15 Defeat ISIS, including NATO and the European 16 Union (EU); 17 (4) Turkey should immediately cease attacks 18 against the Syrian Democratic Forces (SDF) and 19 recall its forces back to Turkey; 20 (5) targeted sanctions against Turkey are an 21 appropriate response in order for Turkey to be held 22 accountable for its military offensive in Northeast 23 Syria; 24 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 7 •S 2641 RS (6) Turkey’s military invasion into Northeast 1 Syria is the latest example of the weakening and 2 problematic United States-Turkey bilateral relation- 3 ship and undermines the security of the United 4 States and its NATO allies, including that of Tur- 5 key; 6 (7) the SDF have been critical partners to 7 United States and allied counter-ISIS and broader 8 counterterrorism efforts in Syria, and the United 9 States should continue this partnership with the 10 SDF; 11 (8) the United States Government should utilize 12 diplomatic and military tools to ensure the enduring 13 defeat of ISIS; 14 (9) the United States should stand by critical 15 allies and partners; 16 (10) Russian and Iranian political and military 17 influence in Syria present a threat to United States 18 national security interests; and 19 (11) the United States Government, in concert 20 with the international community, should hold ac- 21 countable members of the Syrian regime and the 22 Governments of the Russian Federation and Iran for 23 atrocities against the Syrian people. 24 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 8 •S 2641 RS SEC. 104. STRATEGY TO PREVENT THE RESURGENCE OF 1 THE ISLAMIC STATE OF IRAQ AND AL-SHAM 2 (ISIS) AND ITS AFFILIATES. 3 (a) STRATEGY REQUIRED.—Not later than 60 days 4 after the date of the enactment of this Act, the Secretary 5 of State, in consultation with the Secretary of Defense, 6 and the Administrator of the United States Agency for 7 International Development, in consultation with the heads 8 of other appropriate Federal agencies, shall jointly develop 9 and submit to the appropriate congressional committees 10 a strategy to prevent the resurgence of ISIS in Iraq and 11 Syria. 12 (b) ELEMENTS OF THE STRATEGY.—The strategy re- 13 quired under subsection (a) shall include the following ele- 14 ments: 15 (1) A summary of the United States national 16 security interests in Iraq and Syria and the impact 17 a resurgence of ISIS would have on those interests. 18 (2) A comprehensive assessment of current 19 training and support programs by agency or depart- 20 ment, specifically focused on countering ISIS and 21 other terrorist organizations, including non-lethal as- 22 sistance, training, and organizational capacity for 23 the SDF, the Iraqi Security Forces, the Kurdish 24 Peshmerga, and others to counter gains by ISIS and 25 its affiliates. 26 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 9 •S 2641 RS (3) A detailed description of United States Gov- 1 ernment efforts to support, develop, and expand 2 local governance structures in areas in Syria pre- 3 viously liberated from ISIS control. 4 (4) An estimate of the number of current, ac- 5 tive ISIS members in Iraq and Syria, including an 6 assessment of those being held in detainee camps or 7 prisons. 8 (5) A comprehensive plan to address ISIS de- 9 tainees currently being held in Syria and Iraq, in- 10 cluding— 11 (A) the designation of an existing official 12 within the Department of State to serve as a 13 senior-level coordinator to coordinate, in con- 14 junction with the lead and other relevant agen- 15 cies, all matters for the United States Govern- 16 ment relating to the long-term disposition of 17 ISIS fighter detainees, including all matters in 18 connection with— 19 (i) repatriation, transfer, prosecution, 20 and intelligence gathering; 21 (ii) coordinating a whole-of-govern- 22 ment approach with other countries and 23 international organizations, including 24 INTERPOL, to ensure secure chains of 25 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 10 •S 2641 RS custody and locations of ISIS foreign ter- 1 rorist fighter detainees; 2 (iii) coordinating technical and evi- 3 dentiary assistance to foreign countries to 4 aid in the successful prosecution of ISIS 5 foreign terrorist fighter detainees; and 6 (iv) all multilateral and international 7 engagements led by the Department of 8 State and other agencies that are related 9 to the current and future handling, deten- 10 tion, and prosecution of ISIS foreign ter- 11 rorist fighter detainees; and 12 (B) engagement with international part- 13 ners on legal, tenable mechanisms for repa- 14 triating foreign fighters. 15 (6) A description, which may be in classified 16 form, of ISIS senior leadership and infrastructure 17 and efforts to target leadership figures. 18 (7) A comprehensive description of United 19 States activities utilizing social media and other 20 communication technologies strategy to counter 21 ISIS’s propaganda, influence, and ability to recruit 22 fighters domestically and internationally, including 23 with private technology companies, and how such ac- 24 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S2641.RS S2641 kjohnson on DSK79L0C42 with BILLS 11 •S 2641 RS tivities are being coordinated across the United 1 States Government. 2 (8) A description of the efforts of the United 3 States Government, including economic sanctions, to 4 deny financial resources, including revenues from 5 natural resources extraction, sale of antiquities, kid- 6 naping, extortion, taxation, smuggling, access to 7 cash storage sites, and access to international finan- 8 cial networks, to ISIS and its affiliates, in conjunc- 9 tion with international partners and financial insti- 10 tutions. 11 (9) A description of United States Government 12 efforts to support credible war crimes prosecutions 13 against ISIS fighters. 14 (10) A plan to ensure the delivery of humani- 15 tarian assistance. 16 SEC. 105. BRIEFINGS ON TURKISH INCURSION INTO 17 NORTHEAST SYRIA. 18 (a) SENSE OF CONGRESS.—It is the sense of Con- 19 gress that— 20 (1) the Russian Federation and Iran continue 21 to exploit a security vacuum in Syria and continue 22 to pose a threat to vital United States national secu- 23 rity interests; and 24 VerDate Sep 11 2014 21:55 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S2641.RS S [Text truncated for display. Full text available on Congress.gov.]