S.Amdt. 2409

SA 2409. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XII of division A, add
the following:

SEC. 1224. ASSISTANCE TO THE PEOPLE OF SYRIA.

(a) Findings.--Congress makes the following findings:
(1) As of November 14, 2019, according to the United
Nations Office for the Coordination of Humanitarian Affairs,
more than 190,000 Syrian Kurdish civilians are internally
displaced and more than 400,000 civilians in the Syrian
conflict zone will have significant humanitarian needs in
Kurdish-controlled areas of northeastern Syria as a result of
ongoing Turkish operations against Syrian Democratic Forces.
(2) Members of the Syrian Democratic Forces have fought on
the front lines against the Islamic State, in partnership and
with the close support of the United States and its allies
and partners.
(b) Humanitarian Assistance.--
(1) Sense of congress.--It is the sense of Congress that
all parties to the conflict in Syria should uphold
international humanitarian principles by facilitating and
expanding humanitarian access across Syria and supporting the
rapid, safe, and unhindered delivery of humanitarian
assistance to those in greatest need.
(2) Authorization.--The President is authorized to provide
assistance authorized to be appropriated or otherwise made
available to carry out the purposes of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), section 202 of the Food
for Peace Act (7 U.S.C. 1722), and subsections (a) through
(c) of section 2 of the Migration and Refugee Assistance Act
of 1962 (22 U.S.C. 2601) to meet the urgent humanitarian
needs of Syrian refugees and displaced persons, as well as
communities hosting significant numbers of Syrian refugees
and displaced persons, in accordance with established
international humanitarian principles.
(c) Report on Accountability for Violations of
International Law, Including War Crimes, and Other Harm to
Civilians in Syria During the Turkish Incursion.--
(1) Sense of congress.--It is the sense of Congress that--
(A) Turkish and pro-Turkish forces should end all practices
involving arbitrary arrests, enforced disappearances,
torture, arbitrary executions, and other unlawful treatment;
and
(B) all parties in the Turkish incursion should reveal the
fate or the location of all persons who have been subjected
to enforced disappearance.
(2) Report.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
review evidence of these crimes committed by groups equipped
and supported by Turkey, as authorized by the Syrian war
crimes provision

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in section 1232 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, and submit to the
appropriate congressional committees a report that describes
the causes and consequences of civilian harm occurring during
the Turkish incursion into northeast Syria, including
violations of the law of armed conflict, and gross violations
of human rights as a result of the actions of all parties to
the conflict.
(B) Elements.--The report required under subparagraph (A)
shall include the following elements:
(i) A description of civilian harm occurring in the context
of the Turkish incursion, including--

(I) mass casualty incidents; and
(II) damage to, and destruction of, civilian infrastructure
and services, including--

(aa) hospitals and other medical facilities;
(bb) electrical grids;
(cc) water systems; and
(dd) other critical infrastructure.
(ii) A description of violations of the law of armed
conflict committed during the Turkish incursion into
northeast Syria by Turkish or pro-Turkish forces, including--

(I) alleged war crimes, including the alleged use of
chemical weapons against civilian targets;
(II) specific instances of failure by the parties to the
conflict to exercise distinction, proportionality, and
precaution in the use of force in accordance with the law of
armed conflict;
(III) arbitrary denials of humanitarian access and the
resulting impact on the alleviation of human suffering;
(IV) extra-judicial executions and detention-related
abuses; and
(V) other acts that may constitute violations of the law of
armed conflict.

(iii) Recommendations for establishing accountability
mechanisms for civilian harm, war crimes, other violations of
the law of armed conflict, and gross violations of human
rights perpetrated by Turkish and pro-Turkish forces in
northeast Syria, including the potential for prosecuting
individuals perpetrating, organizing, directing, or ordering
such violations.
(d) United States Refugee Program Priorities.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall designate, as
Priority 2 refugees of special humanitarian concern--
(A) Syrian Kurds and other Syrians who were or are employed
by the United States Government in Syria in support of the
United States military or humanitarian mission in Syria, as
determined by the Secretary of State, for an aggregate period
of at least 1 year beginning on or after January 1, 2014;
(B) Syrian Kurds and other Syrians who establish, to the
satisfaction of the Secretary of State, that they are or were
employed in Syria for an aggregate period of at least 1 year
beginning on or after January 1, 2014, by--
(i) a media or nongovernmental organization headquartered
in the United States; or
(ii) an organization or entity that--

(I) is closely associated with the United States military
or humanitarian mission in Syria, as determined by the
Secretary of State; and
(II) has received a grant from, or entered into a
cooperative agreement or contract with, the United States
Government;

(C) the spouses, children, and parents of aliens described
in subparagraph (A); and
(D) Syrian Kurds and other Syrians who--
(i) have been identified by the Secretary of State as a
persecuted group; and
(ii) have close family members (as described in section
201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a)) in the United
States.
(2) Eligibility for admission as a refugee.--An alien may
not be denied the opportunity to apply for admission as a
refugee under this subsection solely because such alien
qualifies as an immediate relative of a national of the
United States or is eligible for admission to the United
States under any other immigrant classification.
(3) Membership in certain syrian organizations.--An
applicant for admission to the United States may not be
deemed inadmissible based on membership in, or support
provided to, the Syrian Democratic Forces.
(4) Identification of other persecuted groups.--The
Secretary of State is authorized to classify other groups of
Syrians, including vulnerable populations, as Priority 2
refugees of special humanitarian concern.
(e) Special Immigrant Status for Certain Syrian Kurds and
Other Syrians Who Worked for the United States Government in
Syria.--
(1) In general.--Subject to paragraph (4)(A), for purposes
of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), the Secretary of Homeland Security may provide any
alien described in paragraph (2) with the status of a special
immigrant under section 101(a)(27) of such Act (8 U.S.C.
1101(a)(27)) if--
(A) the alien, or an agent acting on behalf of the alien,
submits a petition to the Secretary under section 204 of such
Act (8 U.S.C. 1154) for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(B) the alien is otherwise eligible to receive an immigrant
visa;
(C) the alien is otherwise admissible to the United States
for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4))); and
(D) clears a background check and appropriate screening, as
determined by the Secretary of Homeland Security.
(2) Aliens described.--An alien described in this
paragraph--
(A)(i) is a national of Syria or a stateless Kurd
habitually residing in Syria;
(ii) was or is employed by, or on behalf of, the United
States Government in a role that was vital to the success of
the United States' Counter ISIS mission in Syria, as
determined by the Secretary of State, in consultation with
the Secretary of Defense, for a period of at least 1 year
beginning on January 1, 2014;
(iii) obtained a favorable written recommendation from the
employee's senior supervisor (or the person currently
occupying that position) or a more senior person, if the
employee's senior supervisor has left the employer or has
left Syria, in the entity that was supported by the alien;
(iv) cleared a background check and screening before
submitting a petition under paragraph (1)(A), pursuant to the
requirements set forth in paragraph (3)(C); and
(v) has experienced or is experiencing an ongoing serious
threat as a consequence of the alien's employment by the
United States Government; or
(B)(i) is the spouse or a child of a principal alien
described in subparagraph (A); and
(ii) is following or accompanying to join the principal
alien in the United States.
(3) Evaluation of petitions.--
(A) Designation of officer.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State
shall designate a senior foreign service officer to provide
an evaluation of potential applicants before approving a
petition under this subsection.
(B) Guidelines.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall publish
guidelines for evaluating petitions under this subsection.
(C) Approval process.--
(i) In general.--Except as provided in clause (ii), a
petition may not be approved under this subsection unless the
recommendation described in subparagraph (A)(iii) is approved
by the designee referred to in subparagraph (A), after
conducting a risk assessment of the alien petitioner and an
independent review of relevant records maintained by the
United States Government or hiring organization or entity to
confirm that the alien was employed by, and provided faithful
service to, the United States Government.
(ii) Notification and appeal.--An applicant whose
application has been denied under clause (i)--

(I) shall receive a written decision that provides, to the
maximum extent feasible, information describing the basis for
the denial, including the facts and inferences underlying the
individual determination; and
(II) shall be provided an opportunity for not more than 1
written appeal, which--

(aa) shall be submitted not more than 120 days after the
date on which the applicant receives such written decision;
(bb) may request the reopening of such denial; and
(cc) shall provide additional information, clarify existing
information, or explain any unfavorable information.
(D) Evidence of serious threat.--In making a determination
under paragraph (2)(A)(v), a credible sworn statement
depicting dangerous country conditions and official evidence
of such country conditions from the United States Government
shall be considered as a factor in determining whether an
alien petitioner has experienced or is experiencing an
ongoing serious threat as a consequence of the alien's
employment by the United States Government.
(4) Numerical limitations.--
(A) In general.--Except as otherwise provided under this
paragraph, the total number of principal aliens who may be
provided special immigrant status under this subsection may
not exceed 400 in any fiscal year beginning on or after the
date of the enactment of this Act.
(B) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this subsection shall not be
counted against any numerical limitation under section
201(d), 202(a), or 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(C) Carry forward.--If the numerical limitation set forth
in subparagraph (A) is not reached during a fiscal year, the
numerical limitation under such subparagraph for the
following fiscal year shall be increased by a number equal to
the difference between--
(i) the number of visas authorized under subparagraph (A)
for such fiscal year; and
(ii) the number of principal aliens provided special
immigrant status under this subsection during such fiscal
year.
(5) Visa and passport issuance and fees.--An alien
described in paragraph (2) may not be charged any fee in
connection with an application for, or the issuance of, a
special immigrant visa under this subsection.
(6) Protection of aliens.--The Secretary of State, in
consultation with the heads of other appropriate Federal
agencies, shall make a reasonable effort to provide
protection to each alien described in paragraph (2) who is
seeking special immigrant status under this subsection or to
immediately remove such alien from Syria, if possible, if

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the Secretary determines, after consultation, that such alien
is in imminent danger.
(7) Security.--An alien is not eligible for admission as a
special immigrant under this subsection if the alien is
otherwise inadmissible to the United States under section
212(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)).
(8) Application process.--
(A) Representation.--An alien applying for admission to the
United States as a special immigrant under this subsection
may be represented during the application process, including
at relevant interviews and examinations, by an attorney or
other accredited representative. Such representation shall
not be at the expense of the United States Government.
(B) Completion.--The Secretary of State and the Secretary
of Homeland Security, in consultation with the Secretary of
Defense, shall ensure that applications for special immigrant
visas under this subsection are processed in such a manner to
ensure that all steps under the control of the respective
departments incidental to the issuance of such visas,
including required screenings and background checks, are
completed not later than 9 months after the date on which an
eligible alien submits all required materials to apply for
such visa.
(C) Rule of construction.--Notwithstanding subparagraph
(B), any Secretary referred to in such paragraph may take
longer than 9 months to complete the steps incidental to
issuing a visa under this section if the Secretary--
(i) determines that the satisfaction of national security
concerns requires additional time; and
(ii) notifies the applicant of such determination.
(9) Eligibility for other immigrant classification.--An
alien may not be denied the opportunity to apply for
admission under this subsection solely because such alien--
(A) qualifies as an immediate relative of a national of the
United States; or
(B) is eligible for admission to the United States under
any other immigrant classification.
(10) Resettlement support.--An alien who is granted special
immigrant status under this subsection shall be eligible for
the same resettlement assistance, entitlement programs, and
other benefits as are available to refugees admitted under
section 207 of the Immigration and Naturalization Act (8
U.S.C. 1157).
(11) Authority to carry out administrative measures.--The
Secretary of Homeland Security, the Secretary of State, and
the Secretary of Defense shall implement any additional
administrative measures they consider necessary and
appropriate--
(A) to ensure the prompt processing of applications under
this subsection;
(B) to preserve the integrity of the program established
under this subsection; and
(C) to protect the national security interests of the
United States related to such program.
(12) Savings provision.--Nothing in this subsection may be
construed to affect the authority of the Secretary of
Homeland Security under section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8
U.S.C. 1101 note).
(f) Processing Mechanisms.--The Secretary of State shall
use existing refugee processing mechanisms in Iraq and in
other countries in the region, as appropriate, through
which--
(1) aliens described in subsection (d)(1) may apply and
interview for admission to the United States as refugees; and
(2) aliens described in subsection (e)(2) may apply and
interview for admission to the United States as special
immigrants.
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