[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 336 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 336
To make improvements to certain defense and security assistance
provisions and to authorize the appropriation of funds to Israel, to
reauthorize the United States-Jordan Defense Cooperation Act of 2015,
and to halt the wholesale slaughter of the Syrian people, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2019
Mr. McCaul (for himself, Mr. McHenry, and Mr. Hurd of Texas) introduced
the following bill; which was referred to the Committee on Foreign
Affairs, and in addition to the Committees on the Judiciary, Financial
Services, Science, Space, and Technology, and Armed Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To make improvements to certain defense and security assistance
provisions and to authorize the appropriation of funds to Israel, to
reauthorize the United States-Jordan Defense Cooperation Act of 2015,
and to halt the wholesale slaughter of the Syrian people, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Strengthening
America's Security in the Middle East Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ILEANA ROS-LEHTINEN UNITED STATES-ISRAEL SECURITY ASSISTANCE
AUTHORIZATION ACT OF 2019
Sec. 101. Short title.
Sec. 102. Appropriate congressional committees defined.
Subtitle A--Security Assistance for Israel
Sec. 111. Findings.
Sec. 112. Statement of policy regarding Israel's defense systems.
Sec. 113. Assistance for Israel.
Sec. 114. Extension of war reserves stockpile authority.
Sec. 115. Extension of loan guarantees to Israel.
Sec. 116. Transfer of precision guided munitions to Israel.
Sec. 117. Sense of Congress on rapid acquisition and deployment
procedures.
Sec. 118. Eligibility of Israel for the strategic trade authorization
exception to certain export control
licensing requirements.
Subtitle B--Enhanced United States-Israel Cooperation
Sec. 121. United States-Israel space cooperation.
Sec. 122. United States-Israel enhanced partnership for development
cooperation in developing nations.
Sec. 123. Authority to enter into a cooperative project agreement with
Israel to counter unmanned aerial vehicles
that threaten the United States or Israel.
Subtitle C--Ensuring Israel's Qualitative Military Edge
Sec. 131. Statement of policy.
TITLE II--UNITED STATES-JORDAN DEFENSE COOPERATION EXTENSION ACT
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Sense of Congress.
Sec. 204. Reauthorization of United States-Jordan Defense Cooperation
Act of 2015.
Sec. 205. Report on establishing an enterprise fund for Jordan.
TITLE III--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019
Sec. 301. Short title.
Subtitle A--Additional Actions in Connection With the National
Emergency With Respect to Syria
Sec. 311. Measures with respect to Central Bank of Syria.
Sec. 312. Sanctions with respect to foreign persons that engage in
certain transactions.
Subtitle B--Assistance for the People of Syria
Sec. 321. Codification of certain services in support of
nongovernmental organizations' activities
authorized.
Sec. 322. Briefing on strategy to facilitate humanitarian assistance.
Subtitle C--General Provisions
Sec. 331. Suspension of sanctions.
Sec. 332. Waivers and exemptions.
Sec. 333. Implementation and regulatory authorities.
Sec. 334. Rule of construction.
Sec. 335. Sunset.
TITLE IV--COMBATING BDS ACT OF 2019
Sec. 401. Short title.
Sec. 402. Nonpreemption of measures by State and local governments to
divest from entities that engage in certain
boycott, divestment, or sanctions
activities targeting Israel or persons
doing business in Israel or Israeli-
controlled territories.
Sec. 403. Safe harbor for changes of investment policies by asset
managers.
Sec. 404. Sense of congress regarding certain ERISA plan investments.
Sec. 405. Rule of construction.
TITLE I--ILEANA ROS-LEHTINEN UNITED STATES-ISRAEL SECURITY ASSISTANCE
AUTHORIZATION ACT OF 2019
SEC. 101. SHORT TITLE.
This title may be cited as the ``Ileana Ros-Lehtinen United States-
Israel Security Assistance Authorization Act of 2019''.
SEC. 102. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
Subtitle A--Security Assistance for Israel
SEC. 111. FINDINGS.
Congress makes the following findings:
(1) In February 1987, the United States granted Israel
major non-NATO ally status.
(2) On August 16, 2007, the United States and Israel signed
a 10-year Memorandum of Understanding on United States military
assistance to Israel. The total assistance over the course of
this understanding would equal $30 billion.
(3) On July 27, 2012, the United States-Israel Enhanced
Security Cooperation Act of 2012 (Public Law 112-150; 22 U.S.C.
8601 et seq.) declared it to be the policy of the United States
``to help the Government of Israel preserve its qualitative
military edge amid rapid and uncertain regional political
transformation'' and stated the sense of Congress that the
United States Government should ``provide the Government of
Israel defense articles and defense services through such
mechanisms as appropriate, to include air refueling tankers,
missile defense capabilities, and specialized munitions''.
(4) On December 19, 2014, President Barack Obama signed
into law the United States-Israel Strategic Partnership Act of
2014 (Public Law 113-296) which stated the sense of Congress
that Israel is a major strategic partner of the United States
and declared it to be the policy of the United States ``to
continue to provide Israel with robust security assistance,
including for the procurement of the Iron Dome Missile Defense
System''.
(5) Section 1679 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1135)
authorized funds to be appropriated for Israeli cooperative
missile defense program codevelopment and coproduction,
including funds to be provided to the Government of Israel to
procure the David's Sling weapon system as well as the Arrow 3
Upper Tier Interceptor Program.
(6) On September 14, 2016, the United States and Israel
signed a 10-year Memorandum of Understanding reaffirming the
importance of continuing annual United States military
assistance to Israel and cooperative missile defense programs
in a way that enhances Israel's security and strengthens the
bilateral relationship between the two countries.
(7) The 2016 Memorandum of Understanding reflected United
States support of Foreign Military Financing (FMF) grant
assistance to Israel over the 10-year period beginning in
fiscal year 2019 and ending in fiscal year 2028. FMF grant
assistance would be at a level of $3,300,000,000 annually,
totaling $33 billion, the largest single pledge of military
assistance ever and a reiteration of the seven-decade,
unshakeable, bipartisan commitment of the United States to
Israel's security.
(8) The Memorandum of Understanding also reflected United
States support for funding for cooperative programs to develop,
produce, and procure missile, rocket, and projectile defense
capabilities over a 10-year period beginning in fiscal year
2019 and ending in fiscal year 2028 at a level of $500 million
per year, totaling $5 billion.
SEC. 112. STATEMENT OF POLICY REGARDING ISRAEL'S DEFENSE SYSTEMS.
It shall be the policy of the United States to provide assistance
to the Government of Israel in order to support funding for cooperative
programs to develop, produce, and procure missile, rocket, projectile,
and other defense capabilities to help Israel meet its security needs
and to help develop and enhance United States defense capabilities.
SEC. 113. ASSISTANCE FOR ISRAEL.
Section 513(c) of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 856) is amended--
(1) in paragraph (1), by striking ``2002 and 2003'' and
inserting ``2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026,
2027, and 2028''; and
(2) in paragraph (2)--
(A) by striking ``equal to--'' and inserting ``not
less than $3,300,000,000.''; and
(B) by striking subparagraphs (A) and (B).
SEC. 114. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321h(b)(2)(A)) is amended by striking ``2013, 2014, 2015, 2016,
2017, 2018, and 2019'' and inserting ``2019, 2020, 2021, 2022, and
2023''.
SEC. 115. EXTENSION OF LOAN GUARANTEES TO ISRAEL.
Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended
under the heading ``Loan Guarantees to Israel''--
(1) in the matter preceding the first proviso, by striking
``September 30, 2019'' and inserting ``September 30, 2023'';
and
(2) in the second proviso, by striking ``September 30,
2019'' and inserting ``September 30, 2023''.
SEC. 116. TRANSFER OF PRECISION GUIDED MUNITIONS TO ISRAEL.
(a) In General.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized
to transfer such quantities of precision guided munitions from reserve
stocks to Israel as necessary for legitimate self-defense and otherwise
consistent with the purposes and conditions for such transfers under
the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(b) Certifications.--Except in case of emergency, not later than 5
days before making a transfer under this section, the President shall
certify in an unclassified notification to the appropriate
congressional committees that the transfer of the precision guided
munitions--
(1) does not affect the ability of the United States to
maintain a sufficient supply of precision guided munitions;
(2) does not harm the combat readiness of the United States
or the ability of the United States to meet its commitment to
allies for the transfer of such munitions;
(3) is necessary for Israel to counter the threat of
rockets in a timely fashion; and
(4) is in the national security interest of the United
States.
SEC. 117. SENSE OF CONGRESS ON RAPID ACQUISITION AND DEPLOYMENT
PROCEDURES.
It is the sense of Congress that the President should prescribe
procedures for the rapid acquisition and deployment of precision guided
munitions for United States counterterrorism missions, or to assist an
ally of the United States, including Israel, that is subject to direct
missile threat.
SEC. 118. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION
EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING
REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Israel has adopted high standards in the field of
export controls.
(2) Israel has declared its unilateral adherence to the
Missile Technology Control Regime, the Australia Group, and the
Nuclear Suppliers Group.
(3) Israel is a party to--
(A) the Convention on Prohibitions or Restrictions
on the Use of Certain Conventional Weapons which may be
Deemed to be Excessively Injurious or to Have
Indiscriminate Effects, signed at Geneva October 10,
1980;
(B) the Protocol for the Prohibition of the Use in
War of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare, signed at Geneva
June 17, 1925; and
(C) the Convention on the Physical Protection of
Nuclear Material, adopted at Vienna October 26, 1979.
(4) Section 6(b) of the United States-Israel Strategic
Partnership Act of 2014 (22 U.S.C. 8603 note) directs the
President, consistent with the commitments of the United States
under international agreements, to take steps so that Israel
may be included in the list of countries eligible for the
strategic trade authorization exception under section
740.20(c)(1) of title 15, Code of Federal Regulations, to the
requirement for a license for the export, reexport, or in-
country transfer of an item subject to controls under the
Export Administration Regulations.
(b) Report on Eligibility for Strategic Trade Authorization
Exception.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that describes
the steps taken pursuant to section 6(b) of the United States-
Israel Strategic Partnership Act of 2014 (22 U.S.C. 8603 note).
(2) Form.--The report required under paragraph (1) shall be
provided in unclassified form, but may contain a classified
portion.
Subtitle B--Enhanced United States-Israel Cooperation
SEC. 121. UNITED STATES-ISRAEL SPACE COOPERATION.
(a) Findings.--Congress makes the following findings:
(1) Authorized in 1958, the National Aeronautics and Space
Administration (NASA) supports and coordinates United States
Government research in aeronautics, human exploration and
operations, science, and space technology.
(2) Established in 1983, the Israel Space Agency (ISA)
supports the growth of Israel's space industry by supporting
academic research, technological innovation, and educational
activities.
(3) The mutual interest of the United States and Israel in
space exploration affords both nations an opportunity to
leverage their unique abilities to advance scientific
discovery.
(4) In 1996, NASA and the ISA entered into an agreement
outlining areas of mutual cooperation, which remained in force
until 2005.
(5) Since 1996, NASA and the ISA have successfully
cooperated on many space programs supporting the Global
Positioning System and research related to the sun, earth
science, and the environment.
(6) The bond between NASA and the ISA was permanently
forged on February 1, 2003, with the loss of the crew of STS-
107, including Israeli Astronaut Ilan Ramon.
(7) On October 13, 2015, the United States and Israel
signed the Framework Agreement between the National Aeronautics
and Space Administration of the United States of America and
the Israel Space Agency for Cooperation in Aeronautics and the
Exploration and Use of Airspace and Outer Space for Peaceful
Purposes.
(b) Continuing Cooperation.--The Administrator of the National
Aeronautics and Space Administration shall continue to work with the
Israel Space Agency to identify and cooperatively pursue peaceful space
exploration and science initiatives in areas of mutual interest, taking
all appropriate measures to protect sensitive information, intellectual
property, trade secrets, and economic interests of the United States.
SEC. 122. UNITED STATES-ISRAEL ENHANCED PARTNERSHIP FOR DEVELOPMENT
COOPERATION IN DEVELOPING NATIONS.
(a) Statement of Policy.--It should be the policy of the United
States to partner with Israel in order to advance common goals across a
wide variety of sectors, including energy, agriculture and food
security, democracy, human rights and governance, economic growth and
trade, education, environment, global health, and water and sanitation.
(b) Memorandum of Understanding.--The Secretary of State, acting
through the Administrator of the United States Agency for International
Development in accordance with established procedures, is authorized to
enter into memoranda of understanding with Israel in order to enhance
coordination on advancing common goals on energy, agriculture and food
security, democracy, human rights and governance, economic growth and
trade, education, environment, global health, and water and sanitation
with a focus on strengthening mutual ties and cooperation with nations
throughout the world.
SEC. 123. AUTHORITY TO ENTER INTO A COOPERATIVE PROJECT AGREEMENT WITH
ISRAEL TO COUNTER UNMANNED AERIAL VEHICLES THAT THREATEN
THE UNITED STATES OR ISRAEL.
(a) Findings.--Congress makes the following findings:
(1) On February 10, 2018, Iran launched from Syria an
unmanned aerial vehicle (commonly known as a ``drone'') that
penetrated Israeli airspace.
(2) According to a press report, the unmanned aerial
vehicle was in Israeli airspace for a minute and a half before
being shot down by its air force.
(3) Senior Israeli officials stated that the unmanned
aerial vehicle was an advanced piece of technology.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) joint research and development to counter unmanned
aerial vehicles will serve the national security interests of
the United States and Israel;
(2) Israel faces urgent and emerging threats from unmanned
aerial vehicles, and other unmanned vehicles, launched from
Lebanon by Hezbollah, from Syria by Iran's Revolutionary Guard
Corps, or from others seeking to attack Israel;
(3) efforts to counter unmanned aerial vehicles should
include the feasibility of utilizing directed energy and high
powered microwave technologies, which can disable vehicles
without kinetic destruction; and
(4) the United States and Israel should continue to work
together to defend against all threats to the safety, security,
and national interests of both countries.
(c) Authority To Enter Into Agreement.--
(1) In general.--The President is authorized to enter into
a cooperative project agreement with Israel under the authority
of section 27 of the Arms Export Control Act (22 U.S.C. 2767),
to carry out research on, and development, testing, evaluation,
and joint production (including follow-on support) of, defense
articles and defense services, such as the use of directed
energy or high powered microwave technology, to detect, track,
and destroy unmanned aerial vehicles that threaten the United
States or Israel.
(2) Applicable requirements.--The cooperative project
agreement described in paragraph (1) shall--
(A) provide that any activities carried out
pursuant to the agreement are subject to--
(i) the applicable requirements described
in subparagraphs (A), (B), and (C) of section
27(b)(2) of the Arms Export Control Act (22
U.S.C. 2767(b)(2)); and
(ii) any other applicable requirements of
the Arms Export Control Act (22 U.S.C. 2751 et
seq.) with respect to the use, transfers, and
security of such defense articles and defense
services under that Act;
(B) establish a framework to negotiate the rights
to intellectual property developed under the agreement;
and
(C) include appropriate protections for sensitive
technology.
(d) Report on Cooperation.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees (as that term is
defined in section 101(a) of title 10, United States Code), the
Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives a report
describing the cooperation of the United States with Israel
with respect to countering unmanned aerial systems that
includes each of the following:
(A) An identification of specific capability gaps
of the United States and Israel with respect to
countering unmanned aerial systems.
(B) An identification of cooperative projects that
would address those capability gaps and mutually
benefit and strengthen the security of the United
States and Israel.
(C) An assessment of the projected cost for
research and development efforts for such cooperative
projects, including an identification of those to be
conducted in the United States, and the timeline for
the completion of each such project.
(D) An assessment of the extent to which the
capability gaps of the United States identified
pursuant to subparagraph (A) are not likely to be
addressed through the cooperative projects identified
pursuant to subparagraph (B).
(E) An assessment of the projected costs for
procurement and fielding of any capabilities developed
jointly pursuant to an agreement described in
subsection (c).
(2) Limitation.--No activities may be conducted pursuant to
an agreement described in subsection (c) until the date that is
15 days after the date on which the Secretary of Defense
submits the report required under paragraph (1).
Subtitle C--Ensuring Israel's Qualitative Military Edge
SEC. 131. STATEMENT OF POLICY.
It is the policy of the United States to ensure that Israel
maintains its ability to counter and defeat any credible conventional
military, or emerging, threat from any individual state or possible
coalition of states or from non-state actors, while sustaining minimal
damages and casualties, through the use of superior military means,
possessed in sufficient quantity, including weapons, command, control,
communication, intelligence, surveillance, and reconnaissance
capabilities that in their technical characteristics are superior in
capability to those of such other individual or possible coalition
states or non-state actors.
TITLE II--UNITED STATES-JORDAN DEFENSE COOPERATION EXTENSION ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``United States-Jordan Defense
Cooperation Extension Act''.
SEC. 202. FINDINGS.
Congress finds the following:
(1) In December 2011, Congress passed section 7041(b) of
the Consolidated Appropriations Act, 2012 (Public Law 112-74;
125 Stat. 1223), which appropriated funds made available under
the heading ``Economic Support Fund'' to establish an
enterprise fund for Jordan.
(2) The intent of an enterprise fund is to attract private
investment to help entrepreneurs and small businesses create
jobs and to achieve sustainable economic development.
(3) Jordan is an instrumental partner in the fight against
terrorism, including as a member of the Global Coalition To
Counter ISIS and the Combined Joint Task Force--Operation
Inherent Resolve.
(4) In 2014, His Majesty King Abdullah stated that
``Jordanians and Americans have been standing shoulder to
shoulder against extremism for many years, but to a new level
with this coalition against ISIL''.
(5) On February 3, 2015, the United States signed a 3-year
memorandum of understanding with Jordan, pledging to provide
the kingdom with $1,000,000,000 annually in United States
foreign assistance, subject to the approval of Congress.
SEC. 203. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Jordan plays a critical role in responding to the
overwhelming humanitarian needs created by the conflict in
Syria; and
(2) Jordan, the United States, and other partners should
continue working together to address this humanitarian crisis
and promote regional stability, including through support for
refugees in Jordan and internally displaced people along the
Jordan-Syria border and the creation of conditions inside Syria
that will allow for the secure, dignified, and voluntary return
of people displaced by the crisis.
SEC. 204. REAUTHORIZATION OF UNITED STATES-JORDAN DEFENSE COOPERATION
ACT OF 2015.
Section 5(a) of the United States-Jordan Defense Cooperation Act of
2015 (22 U.S.C. 2753 note) is amended--
(1) by striking ``During the 3-year period'' and inserting
``During the period''; and
(2) by inserting ``and ending on December 31, 2022'' after
``enactment of this Act''.
SEC. 205. REPORT ON ESTABLISHING AN ENTERPRISE FUND FOR JORDAN.
(a) In General.--Not later than 180 days after the establishment of
the United States Development Finance Corporation, the President shall
submit to the appropriate congressional committees a detailed report
assessing the costs and benefits of the United States Development
Finance Corporation establishing a Jordan Enterprise Fund.
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
TITLE III--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019
SEC. 301. SHORT TITLE.
This title may be cited as the ``Caesar Syria Civilian Protection
Act of 2019''.
Subtitle A--Additional Actions in Connection With the National
Emergency With Respect to Syria
SEC. 311. MEASURES WITH RESPECT TO CENTRAL BANK OF SYRIA.
(a) Determination Regarding Central Bank of Syria.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
the Treasury shall determine, under section 5318A of title 31, United
States Code, whether reasonable grounds exist for concluding that the
Central Bank of Syria is a financial institution of primary money
laundering concern.
(b) Enhanced Due Diligence and Reporting Requirements.--If the
Secretary of the Treasury determines under subsection (a) that
reasonable grounds exist for concluding that the Central Bank of Syria
is a financial institution of primary money laundering concern, the
Secretary, in consultation with the Federal functional regulators (as
defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)),
shall impose one or more of the special measures described in section
5318A(b) of title 31, United States Code, with respect to the Central
Bank of Syria.
(c) Report Required.--
(1) In general.--Not later than 90 days after making a
determination under subsection (a) with respect to whether the
Central Bank of Syria is a financial institution of primary
money laundering concern, the Secretary of the Treasury shall
submit to the appropriate congressional committees a report
that includes the reasons for the determination.
(2) Form.--A report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Appropriations of the Senate.
SEC. 312. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN
CERTAIN TRANSACTIONS.
(a) Imposition of Sanctions.--
(1) In general.--On and after the date that is 180 days
after the date of the enactment of this Act, the President
shall impose the sanctions described in subsection (b) with
respect to a foreign person if the President determines that
the foreign person, on or after such date of enactment,
knowingly engages in an activity described in paragraph (2).
(2) Activities described.--A foreign person engages in an
activity described in this paragraph if the foreign person--
(A) knowingly provides significant financial,
material, or technological support to, or knowingly
engages in a significant transaction with--
(i) the Government of Syria (including any
entity owned or controlled by the Government of
Syria) or a senior political figure of the
Government of Syria;
(ii) a foreign person that is a military
contractor, mercenary, or a paramilitary force
knowingly operating in a military capacity
inside Syria for or on behalf of the Government
of Syria, the Government of the Russian
Federation, or the Government of Iran; or
(iii) a foreign person subject to sanctions
pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)
with respect to Syria or any other provision of
law that imposes sanctions with respect to
Syria;
(B) knowingly sells or provides significant goods,
services, technology, information, or other support
that significantly facilitates the maintenance or
expansion of the Government of Syria's domestic
production of natural gas, petroleum, or petroleum
products;
(C) knowingly sells or provides aircraft or spare
aircraft parts that are used for military purposes in
Syria for or 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 associated with the Government of Syria;
(D) knowingly provides significant goods or
services associated with the operation of aircraft that
are used for military purposes in Syria for or on
behalf of the Government of Syria to any foreign person
operating in an area described in subparagraph (C); or
(E) knowingly, directly or indirectly, provides
significant construction or engineering services to the
Government of Syria.
(3) Sense of congress.--It is the sense of Congress that,
in implementing this section, the President should consider
financial support under paragraph (2)(A) to include the
provision of loans, credits, or export credits.
(b) Sanctions Described.--
(1) In general.--The sanctions to be imposed with respect
to a foreign person subject to subsection (a) are the
following:
(A) Blocking of property.--The President shall
exercise all of the powers granted to the President
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in property and
interests in property of the foreign person if such
property and interests in property are in the United
States, come within the United States, or are or come
within the possession or control of a United States
person.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) knows, or has reason to believe,
has knowingly engaged in any activity described
in subsection (a)(2) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security (or a designee of one of such
Secretaries) shall, in accordance with
section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry
documentation issued to an alien
described in clause (i) regardless of
when the visa or other entry
documentation is issued.
(II) Effect of revocation.--A
revocation under subclause (I)--
(aa) shall take effect
immediately; and
(bb) shall automatically
cancel any other valid visa or
entry documentation that is in
the alien's possession.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations promulgated under section
333(b) to carry out paragraph (1)(A) to the same extent that
such penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(3) Exception relating to importation of goods.--
(A) In general.--The requirement to block and
prohibit all transactions in all property and interests
in property under paragraph (1)(A) shall not include
the authority to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(c) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
Subtitle B--Assistance for the People of Syria
SEC. 321. CODIFICATION OF CERTAIN SERVICES IN SUPPORT OF
NONGOVERNMENTAL ORGANIZATIONS' ACTIVITIES AUTHORIZED.
(a) In General.--Except as provided in subsection (b), section
542.516 of title 31, Code of Federal Regulations (relating to certain
services in support of nongovernmental organizations' activities
authorized), as in effect on the day before the date of the enactment
of this Act, shall--
(1) remain in effect on and after such date of enactment;
and
(2) in the case of a nongovernmental organization that is
authorized to export or reexport services to Syria under such
section on the day before such date of enactment, apply to such
organization on and after such date of enactment to the same
extent and in the same manner as such section applied to such
organization on the day before such date of enactment.
(b) Exception.--
(1) In general.--Section 542.516 of title 31, Code of
Federal Regulations, as codified under subsection (a), shall
not apply with respect to a foreign person that has been
designated as a foreign terrorist organization under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189), or
otherwise designated as a terrorist organization, by the
Secretary of State, in consultation with or upon the request of
the Attorney General or the Secretary of Homeland Security.
(2) Effective date.--Paragraph (1) shall apply with respect
to a foreign person on and after the date on which the
designation of that person as a terrorist organization is
published in the Federal Register.
SEC. 322. BRIEFING ON STRATEGY TO FACILITATE HUMANITARIAN ASSISTANCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall brief the appropriate
congressional committees on the strategy of the President to help
facilitate the ability of humanitarian organizations to access
financial services to help facilitate the safe and timely delivery of
assistance to communities in need in Syria.
(b) Consideration of Data From Other Countries and Nongovernmental
Organizations.--In preparing the strategy required by subsection (a),
the President shall consider credible data already obtained by other
countries and nongovernmental organizations, including organizations
operating in Syria.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate.
Subtitle C--General Provisions
SEC. 331. SUSPENSION OF SANCTIONS.
(a) In General.--The President may suspend in whole or in part the
imposition of sanctions otherwise required under this title for periods
not to exceed 180 days if the President determines that the following
criteria have been met in Syria:
(1) The air space over Syria is no longer being utilized by
the Government of Syria or the Government of the Russian
Federation to target civilian populations through the use of
incendiary devices, including barrel bombs, chemical weapons,
and conventional arms, including air-delivered missiles and
explosives.
(2) Areas besieged by the Government of Syria, the
Government of the Russian Federation, the Government of Iran,
or a foreign person described in section 312(a)(2)(A)(ii) are
no longer cut off from international aid and have regular
access to humanitarian assistance, freedom of travel, and
medical care.
(3) The Government of Syria is releasing all political
prisoners forcibly held within the prison system of the regime
of Bashar al-Assad and the Government of Syria is allowing full
access to the same facilities for investigations by appropriate
international human rights organizations.
(4) The forces of the Government of Syria, the Government
of the Russian Federation, the Government of Iran, and any
foreign person described in section 312(a)(2)(A)(ii) are no
longer engaged in deliberate targeting of medical facilities,
schools, residential areas, and community gathering places,
including markets, in violation of international norms.
(5) The Government of Syria is--
(A) taking steps to verifiably fulfill its
commitments under the Convention on the Prohibition of
the Development, Production, Stockpiling and Use of
Chemical Weapons and on their Destruction, done at
Geneva September 3, 1992, and entered into force April
29, 1997 (commonly known as the ``Chemical Weapons
Convention''), and the Treaty on the Non-Proliferation
of Nuclear Weapons, done at Washington, London, and
Moscow July 1, 1968, and entered into force March 5,
1970 (21 UST 483); and
(B) making tangible progress toward becoming a
signatory to the Convention on the Prohibition of the
Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on
their Destruction, done at Washington, London, and
Moscow April 10, 1972, and entered into force March 26,
1975 (26 UST 583).
(6) The Government of Syria is permitting the safe,
voluntary, and dignified return of Syrians displaced by the
conflict.
(7) The Government of Syria is taking verifiable steps to
establish meaningful accountability for perpetrators of war
crimes in Syria and justice for victims of war crimes committed
by the Assad regime, including by participation in a credible
and independent truth and reconciliation process.
(b) Briefing Required.--Not later than 30 days after the President
makes a determination described in subsection (a), the President shall
provide a briefing to the appropriate congressional committees on the
determination and the suspension of sanctions pursuant to the
determination.
(c) Reimposition of Sanctions.--Any sanctions suspended under
subsection (a) shall be reimposed if the President determines that the
criteria described in that subsection are no longer being met.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President to terminate the
application of sanctions under section 312 with respect to a person
that no longer engages in activities described in subsection (a)(2) of
that section.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, the
Committee on the Judiciary, and the Committee on Appropriations
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate.
SEC. 332. WAIVERS AND EXEMPTIONS.
(a) Exemptions.--The following activities and transactions shall be
exempt from sanctions authorized under this title:
(1) 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 to any authorized law enforcement, national
security, or intelligence activities of the United States.
(2) Any transaction necessary to comply with United States
obligations under--
(A) 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;
(B) the Convention on Consular Relations, done at
Vienna April 24, 1963, and entered into force March 19,
1967; or
(C) any other international agreement to which the
United States is a party.
(b) Waiver.--
(1) In general.--The President may, for periods not to
exceed 180 days, waive the application of any provision of this
title with respect to a foreign person if the President
certifies to the appropriate congressional committees that such
a waiver is in the national security interests of the United
States.
(2) Briefing.--Not later than 90 days after the issuance of
a waiver under paragraph (1), and every 180 days thereafter
while the waiver remains in effect, the President shall brief
the appropriate congressional committees on the reasons for the
waiver.
(c) Humanitarian Waiver.--
(1) In general.--The President may waive, for renewable
periods not to exceed 2 years, the application of any provision
of this title with respect to a nongovernmental organization
providing humanitarian assistance not covered by the
authorization described in section 321 if the President
certifies to the appropriate congressional committees that such
a waiver is important to address a humanitarian need and is
consistent with the national security interests of the United
States.
(2) Briefing.--Not later than 90 days after the issuance of
a waiver under paragraph (1), and every 180 days thereafter
while the waiver remains in effect, the President shall brief
the appropriate congressional committees on the reasons for the
waiver.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, the
Committee on the Judiciary, and the Committee on Appropriations
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate.
SEC. 333. IMPLEMENTATION AND REGULATORY AUTHORITIES.
(a) Implementation Authority.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
for purposes of carrying out this title.
(b) Regulatory Authority.--The President shall, not later than 180
days after the date of the enactment of this Act, promulgate
regulations as necessary for the implementation of this title.
SEC. 334. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to limit the authority of
the President pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) or any other provision of law.
SEC. 335. SUNSET.
This title shall cease to be effective on the date that is 5 years
after the date of the enactment of this Act.
TITLE IV--COMBATING BDS ACT OF 2019
SEC. 401. SHORT TITLE.
This title may be cited as the ``Combating BDS Act of 2019''.
SEC. 402. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO
DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT,
DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR
PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED
TERRITORIES.
(a) State and Local Measures.--Notwithstanding any other provision
of law, a State or local government may adopt and enforce measures that
meet the requirements of subsection (c) to divest the assets of the
State or local government from, prohibit investment of the assets of
the State or local government in, or restrict contracting by the State
or local government for goods and services with--
(1) an entity that the State or local government
determines, using credible information available to the public,
knowingly engages in an activity described in subsection (b);
(2) a successor entity or subunit of an entity described in
paragraph (1); or
(3) an entity that owns or controls or is owned or
controlled by an entity described in paragraph (1).
(b) Activities Described.--An activity described in this subsection
is a commerce-related or investment-related boycott, divestment, or
sanctions activity in the course of interstate or international
commerce that is intended to penalize, inflict economic harm on, or
otherwise limit commercial relations with Israel or persons doing
business in Israel or Israeli-controlled territories for purposes of
coercing political action by, or imposing policy positions on, the
Government of Israel.
(c) Requirements.--A State or local government that seeks to adopt
or enforce a measure under subsection (a) shall meet the following
requirements:
(1) Notice.--The State or local government shall provide
written notice--
(A) in the case of a measure relating to divestment
or investment, to each entity to which the measure is
to be applied; and
(B) in the case of a measure relating to
contracting, of the restrictions imposed by the measure
to each prospective contractor before entering into a
contract.
(2) Timing.--A measure relating to divestment or investment
shall apply to an entity not earlier than the date that is 90
days after the date on which written notice is provided to the
entity under paragraph (1).
(3) Opportunity for comment.--In the case of a measure
relating to divestment or investment, the State or local
government shall provide an opportunity to comment in writing
to each entity to which the measure is to be applied. If the
entity demonstrates to the State or local government that
neither the entity nor any entity related to the entity as
described in paragraph (2) or (3) of subsection (a) has
knowingly engaged in an activity described in subsection (b),
the measure shall not apply to the entity.
(4) Disclosure in contracting measures.--The State or local
government may require, in a measure relating to contracting,
that a prospective contractor disclose whether the prospective
contractor or any entity related to the prospective contractor
as described in paragraph (2) or (3) of subsection (a)
knowingly engages in any activity described in subsection (b)
before entering into a contract.
(5) Sense of congress on avoiding erroneous targeting.--It
is the sense of Congress that a State or local government
should not adopt a measure under subsection (a) with respect to
an entity unless the State or local government has made every
effort to avoid erroneously targeting the entity and has
verified that the entity engages in an activity described in
subsection (b).
(d) Notice to Department of Justice.--
(1) In general.--Except as provided in paragraph (2), not
later than 30 days after adopting a measure described in
subsection (a), the State or local government that adopted the
measure shall submit written notice to the Attorney General
describing the measure.
(2) Existing measures.--With respect to measures described
in subsection (a) adopted before the date of the enactment of
this Act, the State or local government that adopted the
measure shall submit written notice to the Attorney General
describing the measure not later than 30 days after the date of
the enactment of this Act.
(e) Nonpreemption.--A measure of a State or local government that
is consistent with subsection (a) is not preempted by any Federal law.
(f) Prior Enacted Measures.--
(1) In general.--Notwithstanding any other provision of
this section or any other provision of law, and except as
provided in paragraph (2), a State or local government may
enforce a measure described in subsection (a) adopted by the
State or local government before the date of the enactment of
this Act without regard to the requirements of subsection (c).
(2) Application of notice and opportunity for comment.--
Enforcement of a measure described in paragraph (1) shall be
subject to the requirements of subsection (c) on and after the
date that is 2 years after the date of the enactment of this
Act.
(g) Rules of Construction.--
(1) Authority of states.--Nothing in this section shall be
construed to abridge the authority of a State to issue and
enforce rules governing the safety, soundness, and solvency of
a financial institution subject to its jurisdiction or the
business of insurance pursuant to the Act of March 9, 1945 (59
Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known
as the ``McCarran-Ferguson Act'').
(2) Policy of the united states.--Nothing in this section
shall be construed to alter the established policy of the
United States concerning final status issues associated with
the Arab-Israeli conflict, including border delineation, that
can only be resolved through direct negotiations between the
parties.
(h) Definitions.--In this section:
(1) Assets.--
(A) In general.--Except as provided in subparagraph
(B), the term ``assets'' means any pension, retirement,
annuity, or endowment fund, or similar instrument, that
is controlled by a State or local government.
(B) Exception.--The term ``assets'' does not
include employee benefit plans covered by title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.).
(2) Entity.--The term ``entity'' includes--
(A) any corporation, company, business association,
partnership, or trust; and
(B) any governmental entity or instrumentality of a
government, including a multilateral development
institution (as defined in section 1701(c)(3) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(3))).
(3) Investment.--The term ``investment'' includes--
(A) a commitment or contribution of funds or
property;
(B) a loan or other extension of credit; and
(C) the entry into or renewal of a contract for
goods or services.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(6) State or local government.--The term ``State or local
government'' includes--
(A) any State and any agency or instrumentality
thereof;
(B) any local government within a State and any
agency or instrumentality thereof; and
(C) any other governmental instrumentality of a
State or locality.
SEC. 403. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
MANAGERS.
Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-13(c)(1)) is amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) knowingly engage in any activity described in
section 402(b) of the Combating BDS Act of 2019.''.
SEC. 404. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS.
It is the sense of Congress that--
(1) a fiduciary of an employee benefit plan, as defined in
section 3(3) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid
investing plan assets in, any person the fiduciary determines
knowingly engages in any activity described in section 2(b),
if--
(A) the fiduciary makes that determination using
credible information that is available to the public;
and
(B) the fiduciary prudently determines that the
result of that divestment or avoidance of investment
would not be expected to provide the employee benefit
plan with--
(i) a lower rate of return than alternative
investments with commensurate degrees of risk;
or
(ii) a higher degree of risk than
alternative investments with commensurate rates
of return; and
(2) by divesting assets or avoiding the investment of
assets as described in paragraph (1), the fiduciary is not
breaching the responsibilities, obligations, or duties imposed
upon the fiduciary by subparagraph (A) or (B) of section
404(a)(1) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1104(a)(1)).
SEC. 405. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to infringe upon any right
protected under the First Amendment to the Constitution of the United
States.
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