I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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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. 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 


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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. 

1 TITLE I—ILEANA ROS-LEHTINEN 

2 UNITED STATES-ISRAEL SE3 CURITY ASSISTANCE AU4 THORIZATION ACT OF 2019 

5 SEC. 101. SHORT TITLE. 

6 This title may be cited as the ‘‘Ileana Ros-Lehtinen 

7 United States-Israel Security Assistance Authorization 

8 Act of 2019’’. 


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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 Rep9 resentatives. 

10 Subtitle A—Security Assistance for 

11 Israel 

12 SEC. 111. FINDINGS. 

13 Congress makes the following findings: 

14 (1) In February 1987, the United States grant15 ed Israel major non-NATO ally status. 

16 (2) On August 16, 2007, the United States and 

17 Israel signed a 10-year Memorandum of Under18 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 


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1 transformation’’ and stated the sense of Congress 

2 that the United States Government should ‘‘provide 

3 the Government of Israel defense articles and de4 fense services through such mechanisms as appro5 priate, to include air refueling tankers, missile de6 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 Au17 thorization Act for Fiscal Year 2016 (Public Law 

18 114–92; 129 Stat. 1135) authorized funds to be ap19 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 UnderVerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H336.IH H336

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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, to12 taling $33 billion, the largest single pledge of mili13 tary assistance ever and a reiteration of the seven14 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 coop18 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. 


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1 SEC. 112. STATEMENT OF POLICY REGARDING ISRAEL’S DE2 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 (B). 

20 SEC. 114. EXTENSION OF WAR RESERVES STOCKPILE AU21 THORITY. 

22 Section 514(b)(2)(A) of the Foreign Assistance Act 

23 of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by strik24 ing ‘‘2013, 2014, 2015, 2016, 2017, 2018, and 2019’’ and 

25 inserting ‘‘2019, 2020, 2021, 2022, and 2023’’. 


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1 SEC. 115. EXTENSION OF LOAN GUARANTEES TO ISRAEL. 

2 Chapter 5 of title I of the Emergency Wartime Sup3 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 ‘‘Sep8 tember 30, 2023’’; and 

9 (2) in the second proviso, by striking ‘‘Sep10 tember 30, 2019’’ and inserting ‘‘September 30, 

11 2023’’. 

12 SEC. 116. TRANSFER OF PRECISION GUIDED MUNITIONS TO 

13 ISRAEL. 

14 (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 

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— 


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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 United States. 

12 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 CER22 TAIN EXPORT CONTROL LICENSING RE23 QUIREMENTS. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 


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1 (1) Israel has adopted high standards in the 

2 field of export controls. 

3 (2) Israel has declared its unilateral adherence 

4 to the Missile Technology Control Regime, the Aus5 tralia Group, and the Nuclear Suppliers Group. 

6 (3) Israel is a party to— 

7 (A) the Convention on Prohibitions or Re8 strictions on the Use of Certain Conventional 

9 Weapons which may be Deemed to be Exces10 sively Injurious or to Have Indiscriminate Ef11 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 Protec17 tion of Nuclear Material, adopted at Vienna Oc18 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 com22 mitments of the United States under international 

23 agreements, to take steps so that Israel may be in24 cluded in the list of countries eligible for the stra25 tegic trade authorization exception under section 


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1 740.20(c)(1) of title 15, Code of Federal Regula2 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 Regula5 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 congres11 sional committees a report that describes the steps 

12 taken pursuant to section 6(b) of the United States13 Israel Strategic Partnership Act of 2014 (22 U.S.C. 

14 8603 note). 

15 (2) FORM.—The report required under para16 graph (1) shall be provided in unclassified form, but 

17 may contain a classified portion. 

18 Subtitle B—Enhanced United 

19 States-Israel Cooperation 

20 SEC. 121. UNITED STATES-ISRAEL SPACE COOPERATION. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) Authorized in 1958, the National Aero24 nautics and Space Administration (NASA) supports 

25 and coordinates United States Government research 


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1 in aeronautics, human exploration and operations, 

2 science, and space technology. 

3 (2) Established in 1983, the Israel Space Agen4 cy (ISA) supports the growth of Israel’s space indus5 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 

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 suc15 cessfully cooperated on many space programs sup16 porting the Global Positioning System and research 

17 related to the sun, earth science, and the environ18 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 Astro22 naut Ilan Ramon. 

23 (7) On October 13, 2015, the United States 

24 and Israel signed the Framework Agreement be25 tween the National Aeronautics and Space AdminisVerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H336.IH H336

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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 PARTNER14 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 Sec24 retary of State, acting through the Administrator of the 

25 United States Agency for International Development in 


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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 WITH ISRAEL TO 

11 COUNTER UNMANNED AERIAL VEHICLES 

12 THAT THREATEN THE UNITED STATES OR 

13 ISRAEL. 

14 (a) FINDINGS.—Congress makes the following find15 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 un23 manned aerial vehicle was an advanced piece of tech24 nology. 


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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 se5 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 en13 ergy and high powered microwave technologies, 

14 which can disable vehicles without kinetic destruc15 tion; and 

16 (4) the United States and Israel should con17 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.— 

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, 


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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 REQUIREMENTS.—The cooper8 ative project agreement described in paragraph (1) 

9 shall— 

10 (A) provide that any activities carried out 

11 pursuant to the agreement are subject to— 

12 (i) the applicable requirements de13 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 


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1 (C) include appropriate protections for sen2 sitive technology. 

3 (d) REPORT ON COOPERATION.— 

4 (1) REPORT REQUIRED.—Not later than 90 

5 days after the date of the enactment of this Act, the 

6 Secretary of Defense shall submit to the congres7 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 re17 spect to countering unmanned aerial systems. 

18 (B) An identification of cooperative 

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 coop24 erative projects, including an identification of 

25 those to be conducted in the United States, and 


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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 identi5 fied pursuant to subparagraph (A) are not like6 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 de12 scribed in subsection (c). 

13 (2) LIMITATION.—No activities may be con14 ducted pursuant to an agreement described in sub15 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 

19 Qualitative Military Edge 

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 

24 individual state or possible coalition of states or from non25 state actors, while sustaining minimal damages and casVerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H336.IH H336

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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. 

8 TITLE II—UNITED STATES-JOR9 DAN DEFENSE COOPERATION 

10 EXTENSION ACT 

11 SEC. 201. SHORT TITLE. 

12 This title may be cited as the ‘‘United States-Jordan 

13 Defense Cooperation Extension Act’’. 

14 SEC. 202. FINDINGS. 

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 head20 ing ‘‘Economic Support Fund’’ to establish an enter21 prise fund for Jordan. 

22 (2) The intent of an enterprise fund is to at23 tract private investment to help entrepreneurs and 

24 small businesses create jobs and to achieve sustain25 able economic development. 


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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 Com4 bined Joint Task Force—Operation Inherent Re5 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. 

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 part22 ners should continue working together to address 

23 this humanitarian crisis and promote regional sta24 bility, including through support for refugees in Jor25 dan and internally displaced people along the JorVerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H336.IH H336

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1 dan-Syria border and the creation of conditions in2 side Syria that will allow for the secure, dignified, 

3 and voluntary return of people displaced by the cri4 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 Co8 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 2022’’ after ‘‘enactment of this Act’’. 

14 SEC. 205. REPORT ON ESTABLISHING AN ENTERPRISE 

15 FUND FOR JORDAN. 

16 (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 com24 mittees’’ means— 


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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 Rep5 resentatives. 

6 TITLE III—CAESAR SYRIA CIVIL7 IAN PROTECTION ACT OF 2019 

8 SEC. 301. SHORT TITLE. 

9 This title may be cited as the ‘‘Caesar Syria Civilian 

10 Protection Act of 2019’’. 

11 Subtitle A—Additional Actions in 

12 Connection With the National 

13 Emergency With Respect to 

14 Syria 

15 SEC. 311. MEASURES WITH RESPECT TO CENTRAL BANK OF 

16 SYRIA. 

17 (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. 

24 (b) ENHANCED DUE DILIGENCE AND REPORTING

25 REQUIREMENTS.—If the Secretary of the Treasury deterVerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H336.IH H336

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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.— 

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 in20 clude a classified annex. 

21 (3) APPROPRIATE CONGRESSIONAL COMMIT22 TEES DEFINED.—In this subsection, the term ‘‘ap23 propriate congressional committees’’ means— 

24 (A) the Committee on Foreign Affairs, the 

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1 mittee on Appropriations of the House of Rep2 resentatives; and 

3 (B) the Committee on Foreign Relations, 

4 the Committee on Banking, Housing, and 

5 Urban Affairs, and the Committee on Appro6 priations of the Senate. 

7 SEC. 312. SANCTIONS WITH RESPECT TO FOREIGN PER8 SONS THAT ENGAGE IN CERTAIN TRANS9 ACTIONS. 

10 (a) IMPOSITION OF SANCTIONS.— 

11 (1) IN GENERAL.—On 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 de14 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, know17 ingly engages in an activity described in paragraph 

18 (2). 

19 (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 finan23 cial, material, or technological support to, or 

24 knowingly engages in a significant transaction 

25 with— 


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1 (i) the Government of Syria (including 

2 any entity owned or controlled by the Gov3 ernment of Syria) or a senior political fig4 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 ca8 pacity inside Syria for or on behalf of the 

9 Government of Syria, the Government of 

10 the Russian Federation, or the Govern11 ment of Iran; or 

12 (iii) a foreign person subject to sanc13 tions pursuant to the International Emer14 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 sanc17 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, pe23 troleum, or petroleum products; 

24 (C) knowingly sells or provides aircraft or 

25 spare aircraft parts that are used for military 


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1 purposes in Syria for or on behalf of the Gov2 ernment of Syria to any foreign person oper3 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 air8 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, pro13 vides significant construction or engineering 

14 services to the Government of Syria. 

15 (3) SENSE OF CONGRESS.—It 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 sub23 section (a) are the following: 

24 (A) BLOCKING OF PROPERTY.—The Presi25 dent shall exercise all of the powers granted to 


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1 the President under the International Emer2 gency Economic Powers Act (50 U.S.C. 1701 et 

3 seq.) to the extent necessary to block and pro4 hibit all transactions in property and interests 

5 in property of the foreign person if such prop6 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 INELIGIBLE FOR VISAS, AD11 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 des15 ignee of one of such Secretaries) knows, or 

16 has reason to believe, has knowingly en17 gaged in any activity described in sub18 section (a)(2) is— 

19 (I) inadmissible to the United 

20 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 


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1 States or to receive any other benefit 

2 under the Immigration and Nation3 ality Act (8 U.S.C. 1101 et seq.). 

4 (ii) CURRENT VISAS REVOKED.— 

5 (I) IN GENERAL.—The issuing 

6 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 docu13 mentation issued to an alien described 

14 in clause (i) regardless of when the 

15 visa or other entry documentation is 

16 issued. 

17 (II) EFFECT OF REVOCATION.— 

18 A revocation under subclause (I)— 

19 (aa) shall take effect imme20 diately; and 

21 (bb) shall automatically can22 cel any other valid visa or entry 

23 documentation that is in the 

24 alien’s possession. 


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1 (2) PENALTIES.—The penalties provided for in 

2 subsections (b) and (c) of section 206 of the Inter3 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 (3) EXCEPTION RELATING TO IMPORTATION OF

12 GOODS.— 

13 (A) IN GENERAL.—The requirement to 

14 block and prohibit all transactions in all prop15 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 manu21 factured product, including inspection and test 

22 equipment, and excluding technical data. 

23 (c) DEFINITIONS.—In this section: 

24 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

25 and ‘‘alien’’ have the meanings given those terms in 


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1 section 101 of the Immigration and Nationality Act 

2 (8 U.S.C. 1101). 

3 (2) FOREIGN PERSON.—The term ‘‘foreign per4 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 (4) UNITED STATES PERSON.—The term 

12 ‘‘United States person’’ means— 

13 (A) a United States citizen or an alien law14 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. 


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1 Subtitle B—Assistance for the 

2 People of Syria 

3 SEC. 321. CODIFICATION OF CERTAIN SERVICES IN SUP4 PORT OF NONGOVERNMENTAL ORGANIZA5 TIONS’ ACTIVITIES AUTHORIZED. 

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 (1) remain in effect on and after such date of 

13 enactment; and 

14 (2) in the case of a nongovernmental organiza15 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 en21 actment. 

22 (b) EXCEPTION.— 

23 (1) IN GENERAL.—Section 542.516 of title 31, 

24 Code of Federal Regulations, as codified under sub25 section (a), shall not apply with respect to a foreign 


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1 person that has been designated as a foreign ter2 rorist organization under section 219 of the Immi3 gration and Nationality Act (8 U.S.C. 1189), or oth4 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 HUMANI14 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 (b) CONSIDERATION OF DATA FROM OTHER COUN23 TRIES AND NONGOVERNMENTAL ORGANIZATIONS.—In 

24 preparing the strategy required by subsection (a), the 

25 President shall consider credible data already obtained by 


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1 other countries and nongovernmental organizations, in2 cluding organizations operating in Syria. 

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means— 

6 (1) the Committee on Foreign Affairs, the 

7 Committee on Financial Services, and the Com8 mittee on Appropriations of the House of Represent9 atives; and 

10 (2) the Committee on Foreign Relations, the 

11 Committee on Banking, Housing, and Urban Af12 fairs, and the Committee on Appropriations of the 

13 Senate. 

14 Subtitle C—General Provisions 

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 

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 Govern23 ment of the Russian Federation to target civilian 

24 populations through the use of incendiary devices, 

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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 Gov5 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 humani8 tarian assistance, freedom of travel, and medical 

9 care. 

10 (3) The Government of Syria is releasing all po11 litical prisoners forcibly held within the prison sys12 tem of the regime of Bashar al-Assad and the Gov13 ernment of Syria is allowing full access to the same 

14 facilities for investigations by appropriate inter15 national human rights organizations. 

16 (4) The forces of the Government of Syria, the 

17 Government of the Russian Federation, the Govern18 ment of Iran, and any foreign person described in 

19 section 312(a)(2)(A)(ii) are no longer engaged in de20 liberate targeting of medical facilities, schools, resi21 dential areas, and community gathering places, in22 cluding markets, in violation of international norms. 

23 (5) The Government of Syria is— 

24 (A) taking steps to verifiably fulfill its 

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1 hibition of the Development, Production, Stock2 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-Pro7 liferation of Nuclear Weapons, done at Wash8 ington, London, and Moscow July 1, 1968, and 

9 entered into force March 5, 1970 (21 UST 

10 483); and 

11 (B) making tangible progress toward be12 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 dis21 placed by the conflict. 

22 (7) The Government of Syria is taking 

23 verifiable steps to establish meaningful account24 ability for perpetrators of war crimes in Syria and 

25 justice for victims of war crimes committed by the 


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1 Assad regime, including by participation in a cred2 ible and independent truth and reconciliation proc3 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 sec15 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 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE20 FINED.—In this section, the term ‘‘appropriate congres21 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, 


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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 Af5 fairs, the Committee on the Judiciary, and the Com6 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 re12 quirements under title V of the National Security 

13 Act of 1947 (50 U.S.C. 3091 et seq.), or to any au14 thorized law enforcement, national security, or intel15 ligence activities of the United States. 

16 (2) Any transaction necessary to comply with 

17 United States obligations under— 

18 (A) the Agreement regarding the Head19 quarters of the United Nations, signed at Lake 

20 Success June 26, 1947, and entered into force 

21 November 21, 1947, between the United Na22 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 


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1 (C) any other international agreement to 

2 which the United States is a party. 

3 (b) WAIVER.— 

4 (1) IN GENERAL.—The President may, for peri5 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 (1) IN GENERAL.—The President may waive, 

18 for renewable periods not to exceed 2 years, the ap19 plication of any provision of this title with respect to 

20 a nongovernmental organization providing humani21 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 


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1 need and is consistent with the national security in2 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 Af19 fairs, the Committee on the Judiciary, and the Com20 mittee on Appropriations of the Senate. 

21 SEC. 333. IMPLEMENTATION AND REGULATORY AUTHORI22 TIES. 

23 (a) IMPLEMENTATION AUTHORITY.—The President 

24 may exercise all authorities provided to the President 

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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. 

15 TITLE IV—COMBATING BDS ACT 

16 OF 2019 

17 SEC. 401. SHORT TITLE. 

18 This title may be cited as the ‘‘Combating BDS Act 

19 of 2019’’. 


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1 SEC. 402. NONPREEMPTION OF MEASURES BY STATE AND 

2 LOCAL GOVERNMENTS TO DIVEST FROM EN3 TITIES THAT ENGAGE IN CERTAIN BOYCOTT, 

4 DIVESTMENT, OR SANCTIONS ACTIVITIES 

5 TARGETING ISRAEL OR PERSONS DOING 

6 BUSINESS IN ISRAEL OR ISRAELI-CON7 TROLLED TERRITORIES. 

8 (a) STATE AND LOCAL MEASURES.—Notwith9 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 de19 scribed in subsection (b); 

20 (2) a successor entity or subunit of an entity 

21 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 

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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 (1) NOTICE.—The State or local government 

12 shall provide written notice— 

13 (A) in the case of a measure relating to di14 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). 


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1 (3) OPPORTUNITY FOR COMMENT.—In the case 

2 of a measure relating to divestment or investment, 

3 the State or local government shall provide an op4 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) DISCLOSURE IN CONTRACTING MEAS13 URES.—The State or local government may require, 

14 in a measure relating to contracting, that a prospec15 tive contractor disclose whether the prospective con16 tractor or any entity related to the prospective con17 tractor as described in paragraph (2) or (3) of sub18 section (a) knowingly engages in any activity de19 scribed in subsection (b) before entering into a con20 tract. 

21 (5) SENSE OF CONGRESS ON AVOIDING ERRO22 NEOUS TARGETING.—It is the sense of Congress 

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 


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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 para6 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 de10 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 de16 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.— 

22 (1) IN GENERAL.—Notwithstanding any other 

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 


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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 sub4 section (c). 

5 (2) APPLICATION OF NOTICE AND OPPOR6 TUNITY FOR COMMENT.—Enforcement of a measure 

7 described in paragraph (1) shall be subject to the re8 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.— 

12 (1) AUTHORITY 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 insti16 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.) (com19 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 estab22 lished policy of the United States concerning final 

23 status issues associated with the Arab-Israeli con24 flict, including border delineation, that can only be 


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1 resolved through direct negotiations between the 

2 parties. 

3 (h) DEFINITIONS.—In this section: 

4 (1) ASSETS.— 

5 (A) IN GENERAL.—Except 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 Se13 curity Act of 1974 (29 U.S.C. 1001 et seq.). 

14 (2) ENTITY.—The term ‘‘entity’’ includes— 

15 (A) any corporation, company, business as16 sociation, partnership, or trust; and 

17 (B) any governmental entity or instrumen18 tality of a government, including a multilateral 

19 development institution (as defined in section 

20 1701(c)(3) of the International Financial Insti21 tutions Act (22 U.S.C. 262r(c)(3))). 

22 (3) INVESTMENT.—The term ‘‘investment’’ in23 cludes— 

24 (A) a commitment or contribution of funds 

25 or property; 


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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 (6) STATE OR LOCAL GOVERNMENT.—The term 

16 ‘‘State or local government’’ includes— 

17 (A) any State and any agency or instru18 mentality thereof; 

19 (B) any local government within a State 

20 and any agency or instrumentality thereof; and 

21 (C) any other governmental instrumen22 tality of a State or locality. 


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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 de11 scribed in section 402(b) of the Combating 

12 BDS Act of 2019.’’. 

13 SEC. 404. SENSE OF CONGRESS REGARDING CERTAIN 

14 ERISA PLAN INVESTMENTS. 

15 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 know21 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 


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•HR 336 IH

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 alter6 native investments with commensurate de7 grees of risk; or 

8 (ii) a higher degree of risk than alter9 native investments with commensurate 

10 rates of return; and 

11 (2) by divesting assets or avoiding the invest12 ment of assets as described in paragraph (1), the fi13 duciary is not breaching the responsibilities, obliga14 tions, or duties imposed upon the fiduciary by sub15 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 

21 the Constitution of the United States. 

Æ 


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