II Calendar No. 1 116TH CONGRESS 1ST SESSION S. 1 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 SENATE OF THE UNITED STATES JANUARY 3, 2019 Mr. RUBIO (for himself, Mr. GARDNER, Mr. MCCONNELL, and Mr. BLUNT) introduced the following bill; which was read the first time JANUARY 4, 2019 Read the second time and placed on the calendar 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. 1 Be it enacted by the Senate and House of Representa- kjohnson on DSK79L0C42 with BILLS 2 tives of the United States of America in Congress assembled, VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 2 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.—This Act may be cited as the 3 ‘‘Strengthening America’s Security in the Middle East Act 4 of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 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. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 111. 112. 113. 114. 115. 116. 117. 118. Findings. Statement of policy regarding Israel’s defense systems. Assistance for Israel. Extension of war reserves stockpile authority. Extension of loan guarantees to Israel. Transfer of precision guided munitions to Israel. Sense of Congress on rapid acquisition and deployment procedures. 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 kjohnson on DSK79L0C42 with BILLS Sec. Sec. Sec. Sec. 201. 202. 203. 204. Short title. Findings. Sense of Congress. 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 •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1.PCS S1 3 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. Sec. Sec. Sec. Sec. 331. 332. 333. 334. 335. Suspension of sanctions. Waivers and exemptions. Implementation and regulatory authorities. Rule of construction. 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. 4 TITLE I—ILEANA ROS-LEHTINEN UNITED STATES-ISRAEL SECURITY ASSISTANCE AUTHORIZATION ACT OF 2019 5 SEC. 101. SHORT TITLE. 1 2 3 6 This title may be cited as the ‘‘Ileana Ros-Lehtinen 7 United States-Israel Security Assistance Authorization kjohnson on DSK79L0C42 with BILLS 8 Act of 2019’’. •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 4 1 SEC. 102. APPROPRIATE CONGRESSIONAL COMMITTEES 2 DEFINED. 3 In this title, the term ‘‘appropriate congressional 4 committees’’ means— 5 (1) the Committee on Foreign Relations and 6 the Committee on Armed Services of the Senate; and 7 (2) the Committee on Foreign Affairs and the 8 Committee on Armed Services of the House of Rep- 9 resentatives. Subtitle A—Security Assistance for Israel 10 11 12 SEC. 111. FINDINGS. 13 Congress makes the following findings: 14 kjohnson on DSK79L0C42 with BILLS 15 (1) In February 1987, the United States granted Israel major non-NATO ally status. 16 (2) On August 16, 2007, the United States and 17 Israel signed a 10-year Memorandum of Under- 18 standing on United States military assistance to 19 Israel. The total assistance over the course of this 20 understanding would equal $30 billion. 21 (3) On July 27, 2012, the United States-Israel 22 Enhanced Security Cooperation Act of 2012 (Public 23 Law 112–150; 22 U.S.C. 8601 et seq.) declared it 24 to be the policy of the United States ‘‘to help the 25 Government of Israel preserve its qualitative military 26 edge amid rapid and uncertain regional political •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 kjohnson on DSK79L0C42 with BILLS 5 1 transformation’’ and stated the sense of Congress 2 that the United States Government should ‘‘provide 3 the Government of Israel defense articles and de- 4 fense services through such mechanisms as appro- 5 priate, to include air refueling tankers, missile de- 6 fense capabilities, and specialized munitions’’. 7 (4) On December 19, 2014, President Barack 8 Obama signed into law the United States-Israel 9 Strategic Partnership Act of 2014 (Public Law 113– 10 296) which stated the sense of Congress that Israel 11 is a major strategic partner of the United States 12 and declared it to be the policy of the United States 13 ‘‘to continue to provide Israel with robust security 14 assistance, including for the procurement of the Iron 15 Dome Missile Defense System’’. 16 (5) Section 1679 of the National Defense Au- 17 thorization Act for Fiscal Year 2016 (Public Law 18 114–92; 129 Stat. 1135) authorized funds to be ap- 19 propriated for Israeli cooperative missile defense 20 program codevelopment and coproduction, including 21 funds to be provided to the Government of Israel to 22 procure the David’s Sling weapon system as well as 23 the Arrow 3 Upper Tier Interceptor Program. 24 (6) On September 14, 2016, the United States 25 and Israel signed a 10-year Memorandum of Under- •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 kjohnson on DSK79L0C42 with BILLS 6 1 standing reaffirming the importance of continuing 2 annual United States military assistance to Israel 3 and cooperative missile defense programs in a way 4 that enhances Israel’s security and strengthens the 5 bilateral relationship between the two countries. 6 (7) The 2016 Memorandum of Understanding 7 reflected United States support of Foreign Military 8 Financing (FMF) grant assistance to Israel over the 9 10-year period beginning in fiscal year 2019 and 10 ending in fiscal year 2028. FMF grant assistance 11 would be at a level of $3,300,000,000 annually, to- 12 taling $33 billion, the largest single pledge of mili- 13 tary assistance ever and a reiteration of the seven- 14 decade, unshakeable, bipartisan commitment of the 15 United States to Israel’s security. 16 (8) The Memorandum of Understanding also 17 reflected United States support for funding for coop- 18 erative programs to develop, produce, and procure 19 missile, rocket, and projectile defense capabilities 20 over a 10-year period beginning in fiscal year 2019 21 and ending in fiscal year 2028 at a level of $500 22 million per year, totaling $5 billion. •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 7 1 SEC. 112. STATEMENT OF POLICY REGARDING ISRAEL’S DE- 2 FENSE SYSTEMS. 3 It shall be the policy of the United States to provide 4 assistance to the Government of Israel in order to support 5 funding for cooperative programs to develop, produce, and 6 procure missile, rocket, projectile, and other defense capa7 bilities to help Israel meet its security needs and to help 8 develop and enhance United States defense capabilities. 9 SEC. 113. ASSISTANCE FOR ISRAEL. 10 Section 513(c) of the Security Assistance Act of 2000 11 (Public Law 106–280; 114 Stat. 856) is amended— 12 (1) in paragraph (1), by striking ‘‘2002 and 13 2003’’ and inserting ‘‘2019, 2020, 2021, 2022, 14 2023, 2024, 2025, 2026, 2027, and 2028’’; and 15 (2) in paragraph (2)— 16 (A) by striking ‘‘equal to—’’ and inserting 17 ‘‘not less than $3,300,000,000.’’; and 18 (B) by striking subparagraphs (A) and 19 20 (B). SEC. 114. EXTENSION OF WAR RESERVES STOCKPILE AU- 21 22 THORITY. Section 514(b)(2)(A) of the Foreign Assistance Act 23 of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by strikkjohnson on DSK79L0C42 with BILLS 24 ing ‘‘2013, 2014, 2015, 2016, 2017, 2018, and 2019’’ and 25 inserting ‘‘2019, 2020, 2021, 2022, and 2023’’. •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 8 1 SEC. 115. EXTENSION OF LOAN GUARANTEES TO ISRAEL. 2 Chapter 5 of title I of the Emergency Wartime Sup- 3 plemental Appropriations Act, 2003 (Public Law 108–11; 4 117 Stat. 576) is amended under the heading ‘‘LOAN 5 GUARANTEES TO ISRAEL’’— 6 (1) in the matter preceding the first proviso, by 7 striking ‘‘September 30, 2019’’ and inserting ‘‘Sep- 8 tember 30, 2023’’; and 9 (2) in the second proviso, by striking ‘‘Sep- 10 tember 30, 2019’’ and inserting ‘‘September 30, 11 2023’’. 12 SEC. 116. TRANSFER OF PRECISION GUIDED MUNITIONS TO 13 14 ISRAEL. (a) IN GENERAL.—Notwithstanding section 514 of 15 the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), 16 the President is authorized to transfer such quantities of 17 precision guided munitions from reserve stocks to Israel 18 as necessary for legitimate self-defense and otherwise con19 sistent with the purposes and conditions for such transfers 20 under the Arms Export Control Act (22 U.S.C. 2751 et 21 seq.). 22 (b) CERTIFICATIONS.—Except in case of emergency, 23 not later than 5 days before making a transfer under this kjohnson on DSK79L0C42 with BILLS 24 section, the President shall certify in an unclassified noti25 fication to the appropriate congressional committees that 26 the transfer of the precision guided munitions— •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 9 1 (1) does not affect the ability of the United 2 States to maintain a sufficient supply of precision 3 guided munitions; 4 (2) does not harm the combat readiness of the 5 United States or the ability of the United States to 6 meet its commitment to allies for the transfer of 7 such munitions; 8 (3) is necessary for Israel to counter the threat 9 of rockets in a timely fashion; and 10 (4) is in the national security interest of the 11 12 United States. SEC. 117. SENSE OF CONGRESS ON RAPID ACQUISITION 13 AND DEPLOYMENT PROCEDURES. 14 It is the sense of Congress that the President should 15 prescribe procedures for the rapid acquisition and deploy16 ment of precision guided munitions for United States 17 counterterrorism missions, or to assist an ally of the 18 United States, including Israel, that is subject to direct 19 missile threat. 20 SEC. 118. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC 21 TRADE AUTHORIZATION EXCEPTION TO CER- 22 TAIN 23 QUIREMENTS. kjohnson on DSK79L0C42 with BILLS 24 EXPORT CONTROL LICENSING (a) FINDINGS.—Congress makes the following find- 25 ings: •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 RE- Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 10 1 2 (1) Israel has adopted high standards in the field of export controls. 3 (2) Israel has declared its unilateral adherence 4 to the Missile Technology Control Regime, the Aus- 5 tralia Group, and the Nuclear Suppliers Group. kjohnson on DSK79L0C42 with BILLS 6 (3) Israel is a party to— 7 (A) the Convention on Prohibitions or Re- 8 strictions on the Use of Certain Conventional 9 Weapons which may be Deemed to be Exces- 10 sively Injurious or to Have Indiscriminate Ef- 11 fects, signed at Geneva October 10, 1980; 12 (B) the Protocol for the Prohibition of the 13 Use in War of Asphyxiating, Poisonous or 14 Other Gases, and of Bacteriological Methods of 15 Warfare, signed at Geneva June 17, 1925; and 16 (C) the Convention on the Physical Protec- 17 tion of Nuclear Material, adopted at Vienna Oc- 18 tober 26, 1979. 19 (4) Section 6(b) of the United States-Israel 20 Strategic Partnership Act of 2014 (22 U.S.C. 8603 21 note) directs the President, consistent with the com- 22 mitments of the United States under international 23 agreements, to take steps so that Israel may be in- 24 cluded in the list of countries eligible for the stra- 25 tegic trade authorization exception under section •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 11 1 740.20(c)(1) of title 15, Code of Federal Regula- 2 tions, to the requirement for a license for the export, 3 reexport, or in-country transfer of an item subject to 4 controls under the Export Administration Regula- 5 tions. 6 (b) REPORT ON ELIGIBILITY FOR STRATEGIC TRADE 7 AUTHORIZATION EXCEPTION.— 8 (1) IN GENERAL.—Not later than 120 days 9 after the date of the enactment of this Act, the 10 President shall submit to the appropriate congres- 11 sional committees a report that describes the steps 12 taken pursuant to section 6(b) of the United States- 13 Israel Strategic Partnership Act of 2014 (22 U.S.C. 14 8603 note). 15 (2) FORM.—The report required under para- 16 graph (1) shall be provided in unclassified form, but 17 may contain a classified portion. 18 Subtitle B—Enhanced United States-Israel Cooperation 19 20 SEC. 121. UNITED STATES-ISRAEL SPACE COOPERATION. 21 (a) FINDINGS.—Congress makes the following find- kjohnson on DSK79L0C42 with BILLS 22 ings: 23 (1) Authorized in 1958, the National Aero- 24 nautics and Space Administration (NASA) supports 25 and coordinates United States Government research •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 12 1 in aeronautics, human exploration and operations, 2 science, and space technology. 3 (2) Established in 1983, the Israel Space Agen- 4 cy (ISA) supports the growth of Israel’s space indus- 5 try by supporting academic research, technological 6 innovation, and educational activities. 7 (3) The mutual interest of the United States 8 and Israel in space exploration affords both nations 9 an opportunity to leverage their unique abilities to kjohnson on DSK79L0C42 with BILLS 10 advance scientific discovery. 11 (4) In 1996, NASA and the ISA entered into 12 an agreement outlining areas of mutual cooperation, 13 which remained in force until 2005. 14 (5) Since 1996, NASA and the ISA have suc- 15 cessfully cooperated on many space programs sup- 16 porting the Global Positioning System and research 17 related to the sun, earth science, and the environ- 18 ment. 19 (6) The bond between NASA and the ISA was 20 permanently forged on February 1, 2003, with the 21 loss of the crew of STS–107, including Israeli Astro- 22 naut Ilan Ramon. 23 (7) On October 13, 2015, the United States 24 and Israel signed the Framework Agreement be- 25 tween the National Aeronautics and Space Adminis- •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 13 1 tration of the United States of America and the 2 Israel Space Agency for Cooperation in Aeronautics 3 and the Exploration and Use of Airspace and Outer 4 Space for Peaceful Purposes. 5 (b) CONTINUING COOPERATION.—The Administrator 6 of the National Aeronautics and Space Administration 7 shall continue to work with the Israel Space Agency to 8 identify and cooperatively pursue peaceful space explo9 ration and science initiatives in areas of mutual interest, 10 taking all appropriate measures to protect sensitive infor11 mation, intellectual property, trade secrets, and economic 12 interests of the United States. 13 SEC. 122. UNITED STATES-ISRAEL ENHANCED PARTNER- 14 SHIP FOR DEVELOPMENT COOPERATION IN 15 DEVELOPING NATIONS. 16 (a) STATEMENT OF POLICY.—It should be the policy 17 of the United States to partner with Israel in order to 18 advance common goals across a wide variety of sectors, 19 including energy, agriculture and food security, democ20 racy, human rights and governance, economic growth and 21 trade, education, environment, global health, and water 22 and sanitation. 23 (b) MEMORANDUM OF UNDERSTANDING.—The Sec- kjohnson on DSK79L0C42 with BILLS 24 retary of State, acting through the Administrator of the 25 United States Agency for International Development in •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 14 1 accordance with established procedures, is authorized to 2 enter into memoranda of understanding with Israel in 3 order to enhance coordination on advancing common goals 4 on energy, agriculture and food security, democracy, 5 human rights and governance, economic growth and trade, 6 education, environment, global health, and water and sani7 tation with a focus on strengthening mutual ties and co8 operation with nations throughout the world. 9 SEC. 123. AUTHORITY TO ENTER INTO A COOPERATIVE 10 PROJECT AGREEMENT 11 COUNTER UNMANNED 12 THAT THREATEN THE UNITED STATES OR 13 ISRAEL. 14 WITH AERIAL ISRAEL TO VEHICLES (a) FINDINGS.—Congress makes the following find- kjohnson on DSK79L0C42 with BILLS 15 ings: 16 (1) On February 10, 2018, Iran launched from 17 Syria an unmanned aerial vehicle (commonly known 18 as a ‘‘drone’’) that penetrated Israeli airspace. 19 (2) According to a press report, the unmanned 20 aerial vehicle was in Israeli airspace for a minute 21 and a half before being shot down by its air force. 22 (3) Senior Israeli officials stated that the un- 23 manned aerial vehicle was an advanced piece of tech- 24 nology. •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 15 1 (b) SENSE OF CONGRESS.—It is the sense of the 2 Congress that— 3 (1) joint research and development to counter 4 unmanned aerial vehicles will serve the national se- 5 curity interests of the United States and Israel; 6 (2) Israel faces urgent and emerging threats 7 from unmanned aerial vehicles, and other unmanned 8 vehicles, launched from Lebanon by Hezbollah, from 9 Syria by Iran’s Revolutionary Guard Corps, or from 10 others seeking to attack Israel; 11 (3) efforts to counter unmanned aerial vehicles 12 should include the feasibility of utilizing directed en- 13 ergy and high powered microwave technologies, 14 which can disable vehicles without kinetic destruc- 15 tion; and 16 (4) the United States and Israel should con- 17 tinue to work together to defend against all threats 18 to the safety, security, and national interests of both 19 countries. 20 (c) AUTHORITY TO ENTER INTO AGREEMENT.— kjohnson on DSK79L0C42 with BILLS 21 (1) IN GENERAL.—The President is authorized 22 to enter into a cooperative project agreement with 23 Israel under the authority of section 27 of the Arms 24 Export Control Act (22 U.S.C. 2767), to carry out 25 research on, and development, testing, evaluation, •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 16 1 and joint production (including follow-on support) 2 of, defense articles and defense services, such as the 3 use of directed energy or high powered microwave 4 technology, to detect, track, and destroy unmanned 5 aerial vehicles that threaten the United States or 6 Israel. 7 (2) APPLICABLE ative project agreement described in paragraph (1) 9 shall— (A) provide that any activities carried out 11 pursuant to the agreement are subject to— 12 (i) the applicable requirements de- 13 scribed in subparagraphs (A), (B), and (C) 14 of section 27(b)(2) of the Arms Export 15 Control Act (22 U.S.C. 2767(b)(2)); and 16 (ii) any other applicable requirements 17 of the Arms Export Control Act (22 18 U.S.C. 2751 et seq.) with respect to the 19 use, transfers, and security of such defense 20 articles and defense services under that 21 Act; 22 (B) establish a framework to negotiate the 23 rights to intellectual property developed under 24 the agreement; and •S 1 PCS VerDate Sep 11 2014 cooper- 8 10 kjohnson on DSK79L0C42 with BILLS REQUIREMENTS.—The 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 17 1 (C) include appropriate protections for sen- 2 3 sitive technology. (d) REPORT ON COOPERATION.— 4 (1) REPORT later than 90 5 days after the date of the enactment of this Act, the 6 Secretary of Defense shall submit to the congres- 7 sional defense committees (as that term is defined in 8 section 101(a) of title 10, United States Code), the 9 Committee on Foreign Relations of the Senate, and 10 the Committee on Foreign Affairs of the House of 11 Representatives a report describing the cooperation 12 of the United States with Israel with respect to 13 countering unmanned aerial systems that includes 14 each of the following: 15 (A) An identification of specific capability 16 gaps of the United States and Israel with re- 17 spect to countering unmanned aerial systems. 18 kjohnson on DSK79L0C42 with BILLS REQUIRED.—Not (B) An identification of 19 projects that would address those capability 20 gaps and mutually benefit and strengthen the 21 security of the United States and Israel. 22 (C) An assessment of the projected cost for 23 research and development efforts for such coop- 24 erative projects, including an identification of 25 those to be conducted in the United States, and •S 1 PCS VerDate Sep 11 2014 cooperative 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 18 1 the timeline for the completion of each such 2 project. 3 (D) An assessment of the extent to which 4 the capability gaps of the United States identi- 5 fied pursuant to subparagraph (A) are not like- 6 ly to be addressed through the cooperative 7 projects identified pursuant to subparagraph 8 (B). 9 (E) An assessment of the projected costs 10 for procurement and fielding of any capabilities 11 developed jointly pursuant to an agreement de- 12 scribed in subsection (c). 13 (2) LIMITATION.—No activities may be con- 14 ducted pursuant to an agreement described in sub- 15 section (c) until the date that is 15 days after the 16 date on which the Secretary of Defense submits the 17 report required under paragraph (1). 18 Subtitle C—Ensuring Israel’s Qualitative Military Edge 19 20 SEC. 131. STATEMENT OF POLICY. 21 It is the policy of the United States to ensure that 22 Israel maintains its ability to counter and defeat any cred23 ible conventional military, or emerging, threat from any kjohnson on DSK79L0C42 with BILLS 24 individual state or possible coalition of states or from non25 state actors, while sustaining minimal damages and cas•S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 19 1 ualties, through the use of superior military means, pos2 sessed in sufficient quantity, including weapons, com3 mand, control, communication, intelligence, surveillance, 4 and reconnaissance capabilities that in their technical 5 characteristics are superior in capability to those of such 6 other individual or possible coalition states or non-state 7 actors. 10 TITLE II—UNITED STATES-JORDAN DEFENSE COOPERATION EXTENSION ACT 11 SEC. 201. SHORT TITLE. 8 9 12 This title may be cited as the ‘‘United States-Jordan 13 Defense Cooperation Extension Act’’. 14 SEC. 202. FINDINGS. kjohnson on DSK79L0C42 with BILLS 15 Congress finds the following: 16 (1) In December 2011, Congress passed section 17 7041(b) of the Consolidated Appropriations Act, 18 2012 (Public Law 112–74; 125 Stat. 1223), which 19 appropriated funds made available under the head- 20 ing ‘‘Economic Support Fund’’ to establish an enter- 21 prise fund for Jordan. 22 (2) The intent of an enterprise fund is to at- 23 tract private investment to help entrepreneurs and 24 small businesses create jobs and to achieve sustain- 25 able economic development. •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 20 1 (3) Jordan is an instrumental partner in the 2 fight against terrorism, including as a member of 3 the Global Coalition To Counter ISIS and the Com- 4 bined Joint Task Force - Operation Inherent Re- 5 solve. 6 (4) In 2014, His Majesty King Abdullah stated 7 that ‘‘Jordanians and Americans have been standing 8 shoulder to shoulder against extremism for many 9 years, but to a new level with this coalition against 10 ISIL’’. 11 (5) On February 3, 2015, the United States 12 signed a 3-year memorandum of understanding with 13 Jordan, pledging to provide the kingdom with 14 $1,000,000,000 annually in United States foreign 15 assistance, subject to the approval of Congress. 16 SEC. 203. SENSE OF CONGRESS. kjohnson on DSK79L0C42 with BILLS 17 It is the sense of Congress that— 18 (1) Jordan plays a critical role in responding to 19 the overwhelming humanitarian needs created by the 20 conflict in Syria; and 21 (2) Jordan, the United States, and other part- 22 ners should continue working together to address 23 this humanitarian crisis and promote regional sta- 24 bility, including through support for refugees in Jor- 25 dan and internally displaced people along the Jor- •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 21 1 dan-Syria border and the creation of conditions in- 2 side Syria that will allow for the secure, dignified, 3 and voluntary return of people displaced by the cri- 4 sis. 5 SEC. 204. REAUTHORIZATION OF UNITED STATES-JORDAN 6 DEFENSE COOPERATION ACT OF 2015. 7 Section 5(a) of the United States-Jordan Defense Co- 8 operation Act of 2015 (22 U.S.C. 2753 note) is amend9 ed— 10 (1) by striking ‘‘During the 3-year period’’ and 11 inserting ‘‘During the period’’; and 12 (2) by inserting ‘‘and ending on December 31, 13 14 2022’’ after ‘‘enactment of this Act’’. SEC. 205. REPORT ON ESTABLISHING AN ENTERPRISE 15 16 FUND FOR JORDAN. (a) IN GENERAL.—Not later than 180 days after the 17 establishment of the United States Development Finance 18 Corporation, the President shall submit to the appropriate 19 congressional committees a detailed report assessing the 20 costs and benefits of the United States Development Fi21 nance Corporation establishing a Jordan Enterprise Fund. 22 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 23 In this section, the term ‘‘appropriate congressional comkjohnson on DSK79L0C42 with BILLS 24 mittees’’ means— •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 22 1 (1) the Committee on Foreign Relations and 2 the Committee on Appropriations of the Senate; and 3 (2) the Committee on Foreign Affairs and the 4 Committee on Appropriations of the House of Rep- 5 resentatives. 7 TITLE III—CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019 8 SEC. 301. SHORT TITLE. 6 9 This title may be cited as the ‘‘Caesar Syria Civilian 10 Protection Act of 2019’’. 14 Subtitle A—Additional Actions in Connection With the National Emergency With Respect to Syria 15 SEC. 311. MEASURES WITH RESPECT TO CENTRAL BANK OF 11 12 13 16 17 SYRIA. (a) DETERMINATION REGARDING CENTRAL BANK OF 18 SYRIA.—Not later than 180 days after the date of the en19 actment of this Act, the Secretary of the Treasury shall 20 determine, under section 5318A of title 31, United States 21 Code, whether reasonable grounds exist for concluding 22 that the Central Bank of Syria is a financial institution 23 of primary money laundering concern. kjohnson on DSK79L0C42 with BILLS 24 (b) ENHANCED DUE DILIGENCE AND REPORTING 25 REQUIREMENTS.—If the Secretary of the Treasury deter•S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 23 1 mines under subsection (a) that reasonable grounds exist 2 for concluding that the Central Bank of Syria is a finan3 cial institution of primary money laundering concern, the 4 Secretary, in consultation with the Federal functional reg5 ulators (as defined in section 509 of the Gramm-Leach6 Bliley Act (15 U.S.C. 6809)), shall impose one or more 7 of the special measures described in section 5318A(b) of 8 title 31, United States Code, with respect to the Central 9 Bank of Syria. 10 (c) REPORT REQUIRED.— kjohnson on DSK79L0C42 with BILLS 11 (1) IN GENERAL.—Not later than 90 days after 12 making a determination under subsection (a) with 13 respect to whether the Central Bank of Syria is a 14 financial institution of primary money laundering 15 concern, the Secretary of the Treasury shall submit 16 to the appropriate congressional committees a report 17 that includes the reasons for the determination. 18 (2) FORM.—A report required by paragraph (1) 19 shall be submitted in unclassified form, but may in- 20 clude a classified annex. 21 (3) APPROPRIATE CONGRESSIONAL 22 TEES DEFINED.—In 23 propriate congressional committees’’ means— this subsection, the term ‘‘ap- 24 (A) the Committee on Foreign Affairs, the 25 Committee on Financial Services, and the Com- •S 1 PCS VerDate Sep 11 2014 COMMIT- 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 24 1 mittee on Appropriations of the House of Rep- 2 resentatives; and 3 (B) the Committee on Foreign Relations, 4 the Committee on Banking, Housing, and 5 Urban Affairs, and the Committee on Appro- 6 priations of the Senate. 7 SEC. 312. SANCTIONS WITH RESPECT TO FOREIGN PER- 8 SONS THAT ENGAGE IN CERTAIN TRANS- 9 ACTIONS. 10 (a) IMPOSITION OF SANCTIONS.— 11 (1) IN and after the date that 12 is 180 days after the date of the enactment of this 13 Act, the President shall impose the sanctions de- 14 scribed in subsection (b) with respect to a foreign 15 person if the President determines that the foreign 16 person, on or after such date of enactment, know- 17 ingly engages in an activity described in paragraph 18 (2). 19 kjohnson on DSK79L0C42 with BILLS GENERAL.—On (2) ACTIVITIES DESCRIBED.—A foreign person 20 engages in an activity described in this paragraph if 21 the foreign person— 22 (A) knowingly provides significant finan- 23 cial, material, or technological support to, or 24 knowingly engages in a significant transaction 25 with— •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 kjohnson on DSK79L0C42 with BILLS 25 1 (i) the Government of Syria (including 2 any entity owned or controlled by the Gov- 3 ernment of Syria) or a senior political fig- 4 ure of the Government of Syria; 5 (ii) a foreign person that is a military 6 contractor, mercenary, or a paramilitary 7 force knowingly operating in a military ca- 8 pacity inside Syria for or on behalf of the 9 Government of Syria, the Government of 10 the Russian Federation, or the Govern- 11 ment of Iran; or 12 (iii) a foreign person subject to sanc- 13 tions pursuant to the International Emer- 14 gency Economic Powers Act (50 U.S.C. 15 1701 et seq.) with respect to Syria or any 16 other provision of law that imposes sanc- 17 tions with respect to Syria; 18 (B) knowingly sells or provides significant 19 goods, services, technology, information, or 20 other support that significantly facilitates the 21 maintenance or expansion of the Government of 22 Syria’s domestic production of natural gas, pe- 23 troleum, or petroleum products; 24 (C) knowingly sells or provides aircraft or 25 spare aircraft parts that are used for military •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 26 1 purposes in Syria for or on behalf of the Gov- 2 ernment of Syria to any foreign person oper- 3 ating in an area directly or indirectly controlled 4 by the Government of Syria or foreign forces 5 associated with the Government of Syria; 6 (D) knowingly provides significant goods 7 or services associated with the operation of air- 8 craft that are used for military purposes in 9 Syria for or on behalf of the Government of 10 Syria to any foreign person operating in an 11 area described in subparagraph (C); or 12 (E) knowingly, directly or indirectly, pro- 13 vides significant construction or engineering 14 services to the Government of Syria. 15 (3) SENSE is the sense of 16 Congress that, in implementing this section, the 17 President should consider financial support under 18 paragraph (2)(A) to include the provision of loans, 19 credits, or export credits. 20 (b) SANCTIONS DESCRIBED.— 21 (1) IN GENERAL.—The sanctions to be imposed 22 with respect to a foreign person subject to sub- 23 section (a) are the following: 24 kjohnson on DSK79L0C42 with BILLS OF CONGRESS.—It (A) BLOCKING 25 OF PROPERTY.—The dent shall exercise all of the powers granted to •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Presi- Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 27 1 the President under the International Emer- 2 gency Economic Powers Act (50 U.S.C. 1701 et 3 seq.) to the extent necessary to block and pro- 4 hibit all transactions in property and interests 5 in property of the foreign person if such prop- 6 erty and interests in property are in the United 7 States, come within the United States, or are or 8 come within the possession or control of a 9 United States person. 10 (B) ALIENS 11 MISSION, OR PAROLE.— 12 (i) VISAS, ADMISSION, OR PAROLE.— 13 An alien who the Secretary of State or the 14 Secretary of Homeland Security (or a des- 15 ignee of one of such Secretaries) knows, or 16 has reason to believe, has knowingly en- 17 gaged in any activity described in sub- 18 section (a)(2) is— 19 (I) inadmissible to the United 20 kjohnson on DSK79L0C42 with BILLS INELIGIBLE FOR VISAS, AD- States; 21 (II) ineligible to receive a visa or 22 other documentation to enter the 23 United States; and 24 (III) otherwise ineligible to be 25 admitted or paroled into the United •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 28 1 States or to receive any other benefit 2 under the Immigration and Nation- 3 ality Act (8 U.S.C. 1101 et seq.). 4 (ii) CURRENT 5 (I) IN GENERAL.—The consular officer, the Secretary of 7 State, or the Secretary of Homeland 8 Security (or a designee of one of such 9 Secretaries) shall, in accordance with 10 section 221(i) of the Immigration and 11 Nationality Act (8 U.S.C. 1201(i)), 12 revoke any visa or other entry docu- 13 mentation issued to an alien described 14 in clause (i) regardless of when the 15 visa or other entry documentation is 16 issued. (II) EFFECT 18 OF REVOCATION.— A revocation under subclause (I)— 19 (aa) shall take effect imme- 20 diately; and 21 (bb) shall automatically can- 22 cel any other valid visa or entry 23 documentation that is in the 24 alien’s possession. •S 1 PCS VerDate Sep 11 2014 issuing 6 17 kjohnson on DSK79L0C42 with BILLS VISAS REVOKED.— 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 29 1 (2) PENALTIES.—The penalties provided for in 2 subsections (b) and (c) of section 206 of the Inter- 3 national Emergency Economic Powers Act (50 4 U.S.C. 1705) shall apply to a person that violates, 5 attempts to violate, conspires to violate, or causes a 6 violation of regulations promulgated under section 7 333(b) to carry out paragraph (1)(A) to the same 8 extent that such penalties apply to a person that 9 commits an unlawful act described in section 206(a) 10 of that Act. 11 12 (3) EXCEPTION GOODS.— 13 (A) IN GENERAL.—The requirement to 14 block and prohibit all transactions in all prop- 15 erty and interests in property under paragraph 16 (1)(A) shall not include the authority to impose 17 sanctions on the importation of goods. 18 (B) GOOD DEFINED.—In this paragraph, 19 the term ‘‘good’’ means any article, natural or 20 man-made substance, material, supply or manu- 21 factured product, including inspection and test 22 equipment, and excluding technical data. 23 (c) DEFINITIONS.—In this section: 24 kjohnson on DSK79L0C42 with BILLS RELATING TO IMPORTATION OF 25 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ and ‘‘alien’’ have the meanings given those terms in •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 30 1 section 101 of the Immigration and Nationality Act 2 (8 U.S.C. 1101). 3 (2) FOREIGN term ‘‘foreign per- 4 son’’ means a person that is not a United States 5 person. 6 (3) KNOWINGLY.—The term ‘‘knowingly’’, with 7 respect to conduct, a circumstance, or a result, 8 means that a person has actual knowledge, or should 9 have known, of the conduct, the circumstance, or the 10 result. 11 12 kjohnson on DSK79L0C42 with BILLS PERSON.—The (4) UNITED STATES PERSON.—The ‘‘United States person’’ means— 13 (A) a United States citizen or an alien law- 14 fully admitted for permanent residence to the 15 United States; or 16 (B) an entity organized under the laws of 17 the United States or any jurisdiction within the 18 United States, including a foreign branch of 19 such an entity. •S 1 PCS VerDate Sep 11 2014 term 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 31 2 Subtitle B—Assistance for the People of Syria 3 SEC. 321. CODIFICATION OF CERTAIN SERVICES IN SUP- 4 PORT OF NONGOVERNMENTAL ORGANIZA- 5 TIONS’ ACTIVITIES AUTHORIZED. 1 6 (a) IN GENERAL.—Except as provided in subsection 7 (b), section 542.516 of title 31, Code of Federal Regula8 tions (relating to certain services in support of nongovern9 mental organizations’ activities authorized), as in effect on 10 the day before the date of the enactment of this Act, 11 shall— 12 13 (1) remain in effect on and after such date of enactment; and 14 (2) in the case of a nongovernmental organiza- 15 tion that is authorized to export or reexport services 16 to Syria under such section on the day before such 17 date of enactment, apply to such organization on 18 and after such date of enactment to the same extent 19 and in the same manner as such section applied to 20 such organization on the day before such date of en- 21 actment. 22 (b) EXCEPTION.— kjohnson on DSK79L0C42 with BILLS 23 (1) IN GENERAL.—Section 542.516 of title 31, 24 Code of Federal Regulations, as codified under sub- 25 section (a), shall not apply with respect to a foreign •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 32 1 person that has been designated as a foreign ter- 2 rorist organization under section 219 of the Immi- 3 gration and Nationality Act (8 U.S.C. 1189), or oth- 4 erwise designated as a terrorist organization, by the 5 Secretary of State, in consultation with or upon the 6 request of the Attorney General or the Secretary of 7 Homeland Security. 8 (2) EFFECTIVE DATE.—Paragraph (1) shall 9 apply with respect to a foreign person on and after 10 the date on which the designation of that person as 11 a terrorist organization is published in the Federal 12 Register. 13 SEC. 322. BRIEFING ON STRATEGY TO FACILITATE HUMANI- 14 TARIAN ASSISTANCE. 15 (a) IN GENERAL.—Not later than 180 days after the 16 date of the enactment of this Act, the President shall brief 17 the appropriate congressional committees on the strategy 18 of the President to help facilitate the ability of humani19 tarian organizations to access financial services to help fa20 cilitate the safe and timely delivery of assistance to com21 munities in need in Syria. 22 23 (b) CONSIDERATION TRIES AND OF DATA FROM OTHER COUN- NONGOVERNMENTAL ORGANIZATIONS.—In kjohnson on DSK79L0C42 with BILLS 24 preparing the strategy required by subsection (a), the 25 President shall consider credible data already obtained by •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 33 1 other countries and nongovernmental organizations, in2 cluding organizations operating in Syria. 3 4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘‘appropriate congres- 5 sional committees’’ means— 6 (1) the Committee on Foreign Affairs, the 7 Committee on Financial Services, and the Com- 8 mittee on Appropriations of the House of Represent- 9 atives; and 10 (2) the Committee on Foreign Relations, the 11 Committee on Banking, Housing, and Urban Af- 12 fairs, and the Committee on Appropriations of the 13 Senate. Subtitle C—General Provisions 14 15 SEC. 331. SUSPENSION OF SANCTIONS. 16 (a) IN GENERAL.—The President may suspend in 17 whole or in part the imposition of sanctions otherwise re18 quired under this title for periods not to exceed 180 days 19 if the President determines that the following criteria have kjohnson on DSK79L0C42 with BILLS 20 been met in Syria: 21 (1) The air space over Syria is no longer being 22 utilized by the Government of Syria or the Govern- 23 ment of the Russian Federation to target civilian 24 populations through the use of incendiary devices, 25 including barrel bombs, chemical weapons, and con- •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 34 1 ventional arms, including air-delivered missiles and 2 explosives. 3 (2) Areas besieged by the Government of Syria, 4 the Government of the Russian Federation, the Gov- 5 ernment of Iran, or a foreign person described in 6 section 312(a)(2)(A)(ii) are no longer cut off from 7 international aid and have regular access to humani- 8 tarian assistance, freedom of travel, and medical 9 care. 10 (3) The Government of Syria is releasing all po- 11 litical prisoners forcibly held within the prison sys- 12 tem of the regime of Bashar al-Assad and the Gov- 13 ernment of Syria is allowing full access to the same 14 facilities for investigations by appropriate inter- 15 national human rights organizations. 16 (4) The forces of the Government of Syria, the 17 Government of the Russian Federation, the Govern- 18 ment of Iran, and any foreign person described in 19 section 312(a)(2)(A)(ii) are no longer engaged in de- 20 liberate targeting of medical facilities, schools, resi- 21 dential areas, and community gathering places, in- 22 cluding markets, in violation of international norms. kjohnson on DSK79L0C42 with BILLS 23 (5) The Government of Syria is— 24 (A) taking steps to verifiably fulfill its 25 commitments under the Convention on the Pro- •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 35 1 hibition of the Development, Production, Stock- 2 piling and Use of Chemical Weapons and on 3 their Destruction, done at Geneva September 3, 4 1992, and entered into force April 29, 1997 5 (commonly known as the ‘‘Chemical Weapons 6 Convention’’), and the Treaty on the Non-Pro- 7 liferation of Nuclear Weapons, done at Wash- 8 ington, London, and Moscow July 1, 1968, and 9 entered into force March 5, 1970 (21 UST kjohnson on DSK79L0C42 with BILLS 10 483); and 11 (B) making tangible progress toward be- 12 coming a signatory to the Convention on the 13 Prohibition of the Development, Production and 14 Stockpiling of Bacteriological (Biological) and 15 Toxin Weapons and on their Destruction, done 16 at Washington, London, and Moscow April 10, 17 1972, and entered into force March 26, 1975 18 (26 UST 583). 19 (6) The Government of Syria is permitting the 20 safe, voluntary, and dignified return of Syrians dis- 21 placed by the conflict. 22 (7) The Government of Syria is taking 23 verifiable steps to establish meaningful account- 24 ability for perpetrators of war crimes in Syria and 25 justice for victims of war crimes committed by the •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 36 1 Assad regime, including by participation in a cred- 2 ible and independent truth and reconciliation proc- 3 ess. 4 (b) BRIEFING REQUIRED.—Not later than 30 days 5 after the President makes a determination described in 6 subsection (a), the President shall provide a briefing to 7 the appropriate congressional committees on the deter8 mination and the suspension of sanctions pursuant to the 9 determination. 10 (c) REIMPOSITION OF SANCTIONS.—Any sanctions 11 suspended under subsection (a) shall be reimposed if the 12 President determines that the criteria described in that 13 subsection are no longer being met. 14 (d) RULE OF CONSTRUCTION.—Nothing in this sec- 15 tion shall be construed to limit the authority of the Presi16 dent to terminate the application of sanctions under sec17 tion 312 with respect to a person that no longer engages 18 in activities described in subsection (a)(2) of that section. 19 20 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘‘appropriate congres- kjohnson on DSK79L0C42 with BILLS 21 sional committees’’ means— 22 (1) the Committee on Foreign Affairs, the 23 Committee on Financial Services, the Committee on 24 Ways and Means, the Committee on the Judiciary, •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 37 1 and the Committee on Appropriations of the House 2 of Representatives; and 3 (2) the Committee on Foreign Relations, the 4 Committee on Banking, Housing, and Urban Af- 5 fairs, the Committee on the Judiciary, and the Com- 6 mittee on Appropriations of the Senate. 7 SEC. 332. WAIVERS AND EXEMPTIONS. 8 (a) EXEMPTIONS.—The following activities and 9 transactions shall be exempt from sanctions authorized 10 under this title: 11 (1) Any activity subject to the reporting re- 12 quirements under title V of the National Security 13 Act of 1947 (50 U.S.C. 3091 et seq.), or to any au- 14 thorized law enforcement, national security, or intel- 15 ligence activities of the United States. 16 kjohnson on DSK79L0C42 with BILLS 17 (2) Any transaction necessary to comply with United States obligations under— 18 (A) the Agreement regarding the Head- 19 quarters of the United Nations, signed at Lake 20 Success June 26, 1947, and entered into force 21 November 21, 1947, between the United Na- 22 tions and the United States; 23 (B) the Convention on Consular Relations, 24 done at Vienna April 24, 1963, and entered 25 into force March 19, 1967; or •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 38 1 (C) any other international agreement to 2 which the United States is a party. 3 (b) WAIVER.— 4 (1) IN President may, for peri- 5 ods not to exceed 180 days, waive the application of 6 any provision of this title with respect to a foreign 7 person if the President certifies to the appropriate 8 congressional committees that such a waiver is in 9 the national security interests of the United States. 10 (2) BRIEFING.—Not later than 90 days after 11 the issuance of a waiver under paragraph (1), and 12 every 180 days thereafter while the waiver remains 13 in effect, the President shall brief the appropriate 14 congressional committees on the reasons for the 15 waiver. 16 (c) HUMANITARIAN WAIVER.— 17 kjohnson on DSK79L0C42 with BILLS GENERAL.—The (1) IN GENERAL.—The President may waive, 18 for renewable periods not to exceed 2 years, the ap- 19 plication of any provision of this title with respect to 20 a nongovernmental organization providing humani- 21 tarian assistance not covered by the authorization 22 described in section 321 if the President certifies to 23 the appropriate congressional committees that such 24 a waiver is important to address a humanitarian •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 39 1 need and is consistent with the national security in- 2 terests of the United States. 3 (2) BRIEFING.—Not later than 90 days after 4 the issuance of a waiver under paragraph (1), and 5 every 180 days thereafter while the waiver remains 6 in effect, the President shall brief the appropriate 7 congressional committees on the reasons for the 8 waiver. 9 (d) APPROPRIATE CONGRESSIONAL COMMITTEES 10 DEFINED.—In this section, the term ‘‘appropriate con11 gressional committees’’ means— 12 (1) the Committee on Foreign Affairs, the 13 Committee on Financial Services, the Committee on 14 Ways and Means, the Committee on the Judiciary, 15 and the Committee on Appropriations of the House 16 of Representatives; and 17 (2) the Committee on Foreign Relations, the 18 Committee on Banking, Housing, and Urban Af- 19 fairs, the Committee on the Judiciary, and the Com- 20 mittee on Appropriations of the Senate. 21 SEC. 333. IMPLEMENTATION AND REGULATORY AUTHORI- 22 23 TIES. (a) IMPLEMENTATION AUTHORITY.—The President kjohnson on DSK79L0C42 with BILLS 24 may exercise all authorities provided to the President 25 under sections 203 and 205 of the International Emer•S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 40 1 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 2 for purposes of carrying out this title. 3 (b) REGULATORY AUTHORITY.—The President shall, 4 not later than 180 days after the date of the enactment 5 of this Act, promulgate regulations as necessary for the 6 implementation of this title. 7 SEC. 334. RULE OF CONSTRUCTION. 8 Nothing in this title shall be construed to limit the 9 authority of the President pursuant to the International 10 Emergency Economic Powers Act (50 U.S.C. 1701 et 11 seq.) or any other provision of law. 12 SEC. 335. SUNSET. 13 This title shall cease to be effective on the date that 14 is 5 years after the date of the enactment of this Act. TITLE IV—COMBATING BDS ACT OF 2019 15 16 17 SEC. 401. SHORT TITLE. 18 This title may be cited as the ‘‘Combating BDS Act kjohnson on DSK79L0C42 with BILLS 19 of 2019’’. •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 41 1 SEC. 402. NONPREEMPTION OF MEASURES BY STATE AND 2 LOCAL GOVERNMENTS TO DIVEST FROM EN- 3 TITIES THAT ENGAGE IN CERTAIN BOYCOTT, 4 DIVESTMENT, 5 TARGETING 6 BUSINESS 7 TROLLED TERRITORIES. 8 (a) STATE OR SANCTIONS ISRAEL IN AND OR ISRAEL LOCAL ACTIVITIES PERSONS OR DOING ISRAELI-CON- MEASURES.—Notwith- 9 standing any other provision of law, a State or local gov10 ernment may adopt and enforce measures that meet the 11 requirements of subsection (c) to divest the assets of the 12 State or local government from, prohibit investment of the 13 assets of the State or local government in, or restrict con14 tracting by the State or local government for goods and 15 services with— 16 (1) an entity that the State or local government 17 determines, using credible information available to 18 the public, knowingly engages in an activity de- 19 scribed in subsection (b); 20 kjohnson on DSK79L0C42 with BILLS 21 (2) a successor entity or subunit of an entity described in paragraph (1); or 22 (3) an entity that owns or controls or is owned 23 or controlled by an entity described in paragraph 24 (1). 25 (b) ACTIVITIES DESCRIBED.—An activity described 26 in this subsection is a commerce-related or investment-re•S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 42 1 lated boycott, divestment, or sanctions activity in the 2 course of interstate or international commerce that is in3 tended to penalize, inflict economic harm on, or otherwise 4 limit commercial relations with Israel or persons doing 5 business in Israel or Israeli-controlled territories for pur6 poses of coercing political action by, or imposing policy 7 positions on, the Government of Israel. 8 (c) REQUIREMENTS.—A State or local government 9 that seeks to adopt or enforce a measure under subsection 10 (a) shall meet the following requirements: 11 kjohnson on DSK79L0C42 with BILLS 12 (1) NOTICE.—The State or local government shall provide written notice— 13 (A) in the case of a measure relating to di- 14 vestment or investment, to each entity to which 15 the measure is to be applied; and 16 (B) in the case of a measure relating to 17 contracting, of the restrictions imposed by the 18 measure to each prospective contractor before 19 entering into a contract. 20 (2) TIMING.—A measure relating to divestment 21 or investment shall apply to an entity not earlier 22 than the date that is 90 days after the date on 23 which written notice is provided to the entity under 24 paragraph (1). •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 43 1 (3) OPPORTUNITY of a measure relating to divestment or investment, 3 the State or local government shall provide an op- 4 portunity to comment in writing to each entity to 5 which the measure is to be applied. If the entity 6 demonstrates to the State or local government that 7 neither the entity nor any entity related to the entity 8 as described in paragraph (2) or (3) of subsection 9 (a) has knowingly engaged in an activity described 10 in subsection (b), the measure shall not apply to the 11 entity. 12 (4) 13 URES.—The 14 in a measure relating to contracting, that a prospec- 15 tive contractor disclose whether the prospective con- 16 tractor or any entity related to the prospective con- 17 tractor as described in paragraph (2) or (3) of sub- 18 section (a) knowingly engages in any activity de- 19 scribed in subsection (b) before entering into a con- 20 tract. DISCLOSURE IN CONTRACTING MEAS- State or local government may require, (5) SENSE OF CONGRESS ON AVOIDING ERRO- 22 NEOUS TARGETING.—It 23 that a State or local government should not adopt 24 a measure under subsection (a) with respect to an 25 entity unless the State or local government has is the sense of Congress •S 1 PCS VerDate Sep 11 2014 the case 2 21 kjohnson on DSK79L0C42 with BILLS FOR COMMENT.—In 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 44 1 made every effort to avoid erroneously targeting the 2 entity and has verified that the entity engages in an 3 activity described in subsection (b). 4 (d) NOTICE TO DEPARTMENT OF JUSTICE.— 5 (1) IN GENERAL.—Except as provided in para- 6 graph (2), not later than 30 days after adopting a 7 measure described in subsection (a), the State or 8 local government that adopted the measure shall 9 submit written notice to the Attorney General de- 10 scribing the measure. 11 (2) EXISTING MEASURES.—With respect to 12 measures described in subsection (a) adopted before 13 the date of the enactment of this Act, the State or 14 local government that adopted the measure shall 15 submit written notice to the Attorney General de- 16 scribing the measure not later than 30 days after 17 the date of the enactment of this Act. 18 (e) NONPREEMPTION.—A measure of a State or local 19 government that is consistent with subsection (a) is not 20 preempted by any Federal law. 21 (f) PRIOR ENACTED MEASURES.— kjohnson on DSK79L0C42 with BILLS 22 (1) IN GENERAL.—Notwithstanding 23 provision of this section or any other provision of 24 law, and except as provided in paragraph (2), a 25 State or local government may enforce a measure •S 1 PCS VerDate Sep 11 2014 any other 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 45 1 described in subsection (a) adopted by the State or 2 local government before the date of the enactment of 3 this Act without regard to the requirements of sub- 4 section (c). 5 (2) APPLICATION NOTICE AND TUNITY FOR COMMENT.—Enforcement 7 described in paragraph (1) shall be subject to the re- 8 quirements of subsection (c) on and after the date 9 that is 2 years after the date of the enactment of 10 this Act. 11 (g) RULES OF CONSTRUCTION.— (1) AUTHORITY of a measure OF STATES.—Nothing in this 13 section shall be construed to abridge the authority of 14 a State to issue and enforce rules governing the 15 safety, soundness, and solvency of a financial insti- 16 tution subject to its jurisdiction or the business of 17 insurance pursuant to the Act of March 9, 1945 (59 18 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (com- 19 monly known as the ‘‘McCarran-Ferguson Act’’). 20 (2) POLICY OF THE UNITED STATES.—Nothing 21 in this section shall be construed to alter the estab- 22 lished policy of the United States concerning final 23 status issues associated with the Arab-Israeli con- 24 flict, including border delineation, that can only be •S 1 PCS VerDate Sep 11 2014 OPPOR- 6 12 kjohnson on DSK79L0C42 with BILLS OF 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 46 1 resolved through direct negotiations between the 2 parties. 3 (h) DEFINITIONS.—In this section: 4 (1) ASSETS.— 5 (A) IN as provided in 6 subparagraph (B), the term ‘‘assets’’ means 7 any pension, retirement, annuity, or endowment 8 fund, or similar instrument, that is controlled 9 by a State or local government. 10 (B) EXCEPTION.—The term ‘‘assets’’ does 11 not include employee benefit plans covered by 12 title I of the Employee Retirement Income Se- 13 curity Act of 1974 (29 U.S.C. 1001 et seq.). 14 (2) ENTITY.—The term ‘‘entity’’ includes— 15 (A) any corporation, company, business as- 16 sociation, partnership, or trust; and 17 (B) any governmental entity or instrumen- 18 tality of a government, including a multilateral 19 development institution (as defined in section 20 1701(c)(3) of the International Financial Insti- 21 tutions Act (22 U.S.C. 262r(c)(3))). 22 (3) INVESTMENT.—The term ‘‘investment’’ in- 23 cludes— 24 kjohnson on DSK79L0C42 with BILLS GENERAL.—Except (A) a commitment or contribution of funds 25 or property; •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 47 1 (B) a loan or other extension of credit; and 2 (C) the entry into or renewal of a contract 3 for goods or services. 4 (4) KNOWINGLY.—The term ‘‘knowingly’’, with 5 respect to conduct, a circumstance, or a result, 6 means that a person has actual knowledge, or should 7 have known, of the conduct, the circumstance, or the 8 result. 9 (5) STATE.—The term ‘‘State’’ means each of 10 the several States, the District of Columbia, the 11 Commonwealth of Puerto Rico, the Commonwealth 12 of the Northern Mariana Islands, American Samoa, 13 Guam, the United States Virgin Islands, and any 14 other territory or possession of the United States. 15 16 (6) STATE (A) any State and any agency or instru- 18 mentality thereof; 19 (B) any local government within a State 20 and any agency or instrumentality thereof; and 21 (C) any other governmental instrumen- 22 tality of a State or locality. •S 1 PCS VerDate Sep 11 2014 term ‘‘State or local government’’ includes— 17 kjohnson on DSK79L0C42 with BILLS OR LOCAL GOVERNMENT.—The 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 48 1 SEC. 403. SAFE HARBOR FOR CHANGES OF INVESTMENT 2 POLICIES BY ASSET MANAGERS. 3 Section 13(c)(1) of the Investment Company Act of 4 1940 (15 U.S.C. 80a–13(c)(1)) is amended— 5 (1) in subparagraph (A), by striking ‘‘; or’’ and 6 inserting a semicolon; 7 (2) in subparagraph (B), by striking the period 8 at the end and inserting ‘‘; or’’; and 9 (3) by adding at the end the following: 10 ‘‘(C) knowingly engage in any activity de- 11 scribed in section 402(b) of the Combating 12 BDS Act of 2019.’’. 13 SEC. 404. SENSE OF CONGRESS REGARDING CERTAIN 14 kjohnson on DSK79L0C42 with BILLS 15 ERISA PLAN INVESTMENTS. It is the sense of Congress that— 16 (1) a fiduciary of an employee benefit plan, as 17 defined in section 3(3) of the Employee Retirement 18 Income Security Act of 1974 (29 U.S.C. 1002(3)), 19 may divest plan assets from, or avoid investing plan 20 assets in, any person the fiduciary determines know- 21 ingly engages in any activity described in section 22 2(b), if— 23 (A) the fiduciary makes that determination 24 using credible information that is available to 25 the public; and •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 49 1 (B) the fiduciary prudently determines 2 that the result of that divestment or avoidance 3 of investment would not be expected to provide 4 the employee benefit plan with— 5 (i) a lower rate of return than alter- 6 native investments with commensurate de- 7 grees of risk; or 8 (ii) a higher degree of risk than alter- 9 native 10 investments with commensurate rates of return; and 11 (2) by divesting assets or avoiding the invest- 12 ment of assets as described in paragraph (1), the fi- 13 duciary is not breaching the responsibilities, obliga- 14 tions, or duties imposed upon the fiduciary by sub- 15 paragraph (A) or (B) of section 404(a)(1) of the 16 Employee Retirement Income Security Act of 1974 17 (29 U.S.C. 1104(a)(1)). 18 SEC. 405. RULE OF CONSTRUCTION. 19 Nothing in this title shall be construed to infringe 20 upon any right protected under the First Amendment to kjohnson on DSK79L0C42 with BILLS 21 the Constitution of the United States. •S 1 PCS VerDate Sep 11 2014 21:54 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1.PCS S1 S. 1 Calendar No. 1 kjohnson on DSK79L0C42 with BILLS 116TH CONGRESS 1ST SESSION 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. JANUARY 4, 2019 Read the second time and placed on the calendar S1 E:\BILLS\S1.PCS Sfmt 6651 Fmt 6651 Frm 00050 PO 00000 Jkt 089200 21:54 Jan 04, 2019 VerDate Sep 11 2014