(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that— 
(1) joint research and development to counter 
unmanned aerial vehicles will serve the national se-
curity interests of the United States and Israel; 
(2) Israel faces urgent and emerging threats 
from unmanned aerial vehicles, and other unmanned 
vehicles, launched from Lebanon by Hezbollah, from 
Syria by Iran’s Revolutionary Guard Corps, or from 
others seeking to attack Israel; 
(3) efforts to counter unmanned aerial vehicles 
should include the feasibility of utilizing directed en-
ergy and high powered microwave technologies, 
which can disable vehicles without kinetic destruc-
tion; and 
(4) the United States and Israel should con-
tinue to work together to defend against all threats 
to the safety, security, and national interests of both 
countries. 
(c) AUTHORITY TO ENTER INTO AGREEMENT.— 
(1) IN GENERAL.—The President is authorized 
to enter into a cooperative project agreement with 
Israel under the authority of section 27 of the Arms 
Export Control Act (22 U.S.C. 2767), to carry out 
research on, and development, testing, evaluation, 
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and joint production (including follow-on support) 
of, defense articles and defense services, such as the 
use of directed energy or high powered microwave 
technology, to detect, track, and destroy unmanned 
aerial vehicles that threaten the United States or 
Israel. 
(2) APPLICABLE REQUIREMENTS.—The cooper-
ative project agreement described in paragraph (1) 
shall— 
(A) provide that any activities carried out 
pursuant to the agreement are subject to— 
(i) the applicable requirements de-
scribed in subparagraphs (A), (B), and (C) 
of section 27(b)(2) of the Arms Export 
Control Act (22 U.S.C. 2767(b)(2)); and 
(ii) any other applicable requirements 
of the Arms Export Control Act (22 
U.S.C. 2751 et seq.) with respect to the 
use, transfers, and security of such defense 
articles and defense services under that 
Act; 
(B) establish a framework to negotiate the 
rights to intellectual property developed under 
the agreement; and 
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(C) include appropriate protections for sen-
sitive technology. 
(d) REPORT ON COOPERATION.— 
(1) REPORT
REQUIRED.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congres-
sional defense committees (as that term is defined in 
section 101(a) of title 10, United States Code), the 
Committee on Foreign Relations of the Senate, and 
the Committee on Foreign Affairs of the House of 
Representatives a report describing the cooperation 
of the United States with Israel with respect to 
countering unmanned aerial systems that includes 
each of the following: 
(A) An identification of specific capability 
gaps of the United States and Israel with re-
spect to countering unmanned aerial systems. 
(B) 
An 
identification 
of 
cooperative 
projects that would address those capability 
gaps and mutually benefit and strengthen the 
security of the United States and Israel. 
(C) An assessment of the projected cost for 
research and development efforts for such coop-
erative projects, including an identification of 
those to be conducted in the United States, and 
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the timeline for the completion of each such 
project. 
(D) An assessment of the extent to which 
the capability gaps of the United States identi-
fied pursuant to subparagraph (A) are not like-
ly to be addressed through the cooperative 
projects identified pursuant to subparagraph 
(B). 
(E) An assessment of the projected costs 
for procurement and fielding of any capabilities 
developed jointly pursuant to an agreement de-
scribed in subsection (c). 
(2) LIMITATION.—No activities may be con-
ducted pursuant to an agreement described in sub-
section (c) until the date that is 15 days after the 
date on which the Secretary of Defense submits the 
report required under paragraph (1). 
Subtitle C—Ensuring Israel’s 
Qualitative Military Edge 
SEC. 131. STATEMENT OF POLICY. 
It is the policy of the United States to ensure that 
Israel maintains its ability to counter and defeat any cred-
ible conventional military, or emerging, threat from any 
individual state or possible coalition of states or from non- 
state actors, while sustaining minimal damages and cas-
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ualties, through the use of superior military means, pos-
sessed in sufficient quantity, including weapons, com-
mand, control, communication, intelligence, surveillance, 
and reconnaissance capabilities that in their technical 
characteristics are superior in capability to those of such 
other individual or possible coalition states or non-state 
actors. 
TITLE II—UNITED STATES-JOR-
DAN DEFENSE COOPERATION 
EXTENSION ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘United States-Jordan 
Defense Cooperation Extension Act’’. 
SEC. 202. FINDINGS. 
Congress finds the following: 
(1) In December 2011, Congress passed section 
7041(b) of the Consolidated Appropriations Act, 
2012 (Public Law 112–74; 125 Stat. 1223), which 
appropriated funds made available under the head-
ing ‘‘Economic Support Fund’’ to establish an enter-
prise fund for Jordan. 
(2) The intent of an enterprise fund is to at-
tract private investment to help entrepreneurs and 
small businesses create jobs and to achieve sustain-
able economic development. 
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(3) Jordan is an instrumental partner in the 
fight against terrorism, including as a member of 
the Global Coalition To Counter ISIS and the Com-
bined Joint Task Force—Operation Inherent Re-
solve. 
(4) In 2014, His Majesty King Abdullah stated 
that ‘‘Jordanians and Americans have been standing 
shoulder to shoulder against extremism for many 
years, but to a new level with this coalition against 
ISIL’’. 
(5) On February 3, 2015, the United States 
signed a 3-year memorandum of understanding with 
Jordan, pledging to provide the kingdom with 
$1,000,000,000 annually in United States foreign 
assistance, subject to the approval of Congress. 
SEC. 203. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) Jordan plays a critical role in responding to 
the overwhelming humanitarian needs created by the 
conflict in Syria; and 
(2) Jordan, the United States, and other part-
ners should continue working together to address 
this humanitarian crisis and promote regional sta-
bility, including through support for refugees in Jor-
dan and internally displaced people along the Jor-
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dan-Syria border and the creation of conditions in-
side Syria that will allow for the secure, dignified, 
and voluntary return of people displaced by the cri-
sis. 
SEC. 204. REAUTHORIZATION OF UNITED STATES-JORDAN 
DEFENSE COOPERATION ACT OF 2015. 
Section 5(a) of the United States-Jordan Defense Co-
operation Act of 2015 (22 U.S.C. 2753 note) is amend-
ed— 
(1) by striking ‘‘During the 3-year period’’ and 
inserting ‘‘During the period’’; and 
(2) by inserting ‘‘and ending on December 31, 
2022’’ after ‘‘enactment of this Act’’. 
SEC. 205. REPORT ON ESTABLISHING AN ENTERPRISE 
FUND FOR JORDAN. 
(a) IN GENERAL.—Not later than 180 days after the 
establishment of the United States Development Finance 
Corporation, the President shall submit to the appropriate 
congressional committees a detailed report assessing the 
costs and benefits of the United States Development Fi-
nance Corporation establishing a Jordan Enterprise Fund. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
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(1) the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate; and 
(2) the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Rep-
resentatives. 
TITLE III—CAESAR SYRIA CIVIL-
IAN PROTECTION ACT OF 2019 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Caesar Syria Civilian 
Protection Act of 2019’’. 
Subtitle A—Additional Actions in 
Connection With the National 
Emergency 
With 
Respect 
to 
Syria 
SEC. 311. MEASURES WITH RESPECT TO CENTRAL BANK OF 
SYRIA. 
(a) DETERMINATION REGARDING CENTRAL BANK OF 
SYRIA.—Not later than 180 days after the date of the en-
actment of this Act, the Secretary of the Treasury shall 
determine, under section 5318A of title 31, United States 
Code, whether reasonable grounds exist for concluding 
that the Central Bank of Syria is a financial institution 
of primary money laundering concern. 
(b) ENHANCED DUE DILIGENCE AND REPORTING 
REQUIREMENTS.—If the Secretary of the Treasury deter-
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mines under subsection (a) that reasonable grounds exist 
for concluding that the Central Bank of Syria is a finan-
cial institution of primary money laundering concern, the 
Secretary, in consultation with the Federal functional reg-
ulators (as defined in section 509 of the Gramm-Leach- 
Bliley Act (15 U.S.C. 6809)), shall impose one or more 
of the special measures described in section 5318A(b) of 
title 31, United States Code, with respect to the Central 
Bank of Syria. 
(c) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after 
making a determination under subsection (a) with 
respect to whether the Central Bank of Syria is a 
financial institution of primary money laundering 
concern, the Secretary of the Treasury shall submit 
to the appropriate congressional committees a report 
that includes the reasons for the determination. 
(2) FORM.—A report required by paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on Financial Services, and the Com-
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mittee on Appropriations of the House of Rep-
resentatives; and 
(B) the Committee on Foreign Relations, 
the Committee on Banking, Housing, and 
Urban Affairs, and the Committee on Appro-
priations of the Senate. 
SEC. 312. SANCTIONS WITH RESPECT TO FOREIGN PER-
SONS THAT ENGAGE IN CERTAIN TRANS-
ACTIONS. 
(a) IMPOSITION OF SANCTIONS.— 
(1) IN GENERAL.—On and after the date that 
is 180 days after the date of the enactment of this 
Act, the President shall impose the sanctions de-
scribed in subsection (b) with respect to a foreign 
person if the President determines that the foreign 
person, on or after such date of enactment, know-
ingly engages in an activity described in paragraph 
(2). 
(2) ACTIVITIES DESCRIBED.—A foreign person 
engages in an activity described in this paragraph if 
the foreign person— 
(A) knowingly provides significant finan-
cial, material, or technological support to, or 
knowingly engages in a significant transaction 
with— 
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(i) the Government of Syria (including 
any entity owned or controlled by the Gov-
ernment of Syria) or a senior political fig-
ure of the Government of Syria; 
(ii) a foreign person that is a military 
contractor, mercenary, or a paramilitary 
force knowingly operating in a military ca-
pacity inside Syria for or on behalf of the 
Government of Syria, the Government of 
the Russian Federation, or the Govern-
ment of Iran; or 
(iii) a foreign person subject to sanc-
tions pursuant to the International Emer-
gency Economic Powers Act (50 U.S.C. 
1701 et seq.) with respect to Syria or any 
other provision of law that imposes sanc-
tions with respect to Syria; 
(B) knowingly sells or provides significant 
goods, services, technology, information, or 
other support that significantly facilitates the 
maintenance or expansion of the Government of 
Syria’s domestic production of natural gas, pe-
troleum, or petroleum products; 
(C) knowingly sells or provides aircraft or 
spare aircraft parts that are used for military 
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purposes in Syria for or on behalf of the Gov-
ernment of Syria to any foreign person oper-
ating in an area directly or indirectly controlled 
by the Government of Syria or foreign forces 
associated with the Government of Syria; 
(D) knowingly provides significant goods 
or services associated with the operation of air-
craft that are used for military purposes in 
Syria for or on behalf of the Government of 
Syria to any foreign person operating in an 
area described in subparagraph (C); or 
(E) knowingly, directly or indirectly, pro-
vides significant construction or engineering 
services to the Government of Syria. 
(3) SENSE OF CONGRESS.—It is the sense of 
Congress that, in implementing this section, the 
President should consider financial support under 
paragraph (2)(A) to include the provision of loans, 
credits, or export credits. 
(b) SANCTIONS DESCRIBED.— 
(1) IN GENERAL.—The sanctions to be imposed 
with respect to a foreign person subject to sub-
section (a) are the following: 
(A) BLOCKING OF PROPERTY.—The Presi-
dent shall exercise all of the powers granted to 
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the President under the International Emer-
gency Economic Powers Act (50 U.S.C. 1701 et 
seq.) to the extent necessary to block and pro-
hibit all transactions in property and interests 
in property of the foreign person if such prop-
erty and interests in property are in the United 
States, come within the United States, or are or 
come within the possession or control of a 
United States person. 
(B) ALIENS INELIGIBLE FOR VISAS, AD-
MISSION, OR PAROLE.— 
(i) VISAS, ADMISSION, OR PAROLE.— 
An alien who the Secretary of State or the 
Secretary of Homeland Security (or a des-
ignee of one of such Secretaries) knows, or 
has reason to believe, has knowingly en-
gaged in any activity described in sub-
section (a)(2) is— 
(I) inadmissible to the United 
States; 
(II) ineligible to receive a visa or 
other documentation to enter the 
United States; and 
(III) otherwise ineligible to be 
admitted or paroled into the United 
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States or to receive any other benefit 
under the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
(ii) CURRENT VISAS REVOKED.— 
(I) IN
GENERAL.—The issuing 
consular officer, the Secretary of 
State, or the Secretary of Homeland 
Security (or a designee of one of such 
Secretaries) shall, in accordance with 
section 221(i) of the Immigration and 
Nationality Act (8 U.S.C. 1201(i)), 
revoke any visa or other entry docu-
mentation issued to an alien described 
in clause (i) regardless of when the 
visa or other entry documentation is 
issued. 
(II) EFFECT OF REVOCATION.— 
A revocation under subclause (I)— 
(aa) shall take effect imme-
diately; and 
(bb) shall automatically can-
cel any other valid visa or entry 
documentation that is in the 
alien’s possession. 
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(2) PENALTIES.—The penalties provided for in 
subsections (b) and (c) of section 206 of the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1705) shall apply to a person that violates, 
attempts to violate, conspires to violate, or causes a 
violation of regulations promulgated under section 
333(b) to carry out paragraph (1)(A) to the same 
extent that such penalties apply to a person that 
commits an unlawful act described in section 206(a) 
of that Act. 
(3) EXCEPTION RELATING TO IMPORTATION OF 
GOODS.— 
(A) IN
GENERAL.—The requirement to 
block and prohibit all transactions in all prop-
erty and interests in property under paragraph 
(1)(A) shall not include the authority to impose 
sanctions on the importation of goods. 
(B) GOOD DEFINED.—In this paragraph, 
the term ‘‘good’’ means any article, natural or 
man-made substance, material, supply or manu-
factured product, including inspection and test 
equipment, and excluding technical data. 
(c) DEFINITIONS.—In this section: 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
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section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101). 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
(3) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien law-
fully admitted for permanent residence to the 
United States; or 
(B) an entity organized under the laws of 
the United States or any jurisdiction within the 
United States, including a foreign branch of 
such an entity. 
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person that has been designated as a foreign ter-
rorist organization under section 219 of the Immi-
gration and Nationality Act (8 U.S.C. 1189), or oth-
erwise designated as a terrorist organization, by the 
Secretary of State, in consultation with or upon the 
request of the Attorney General or the Secretary of 
Homeland Security. 
(2) EFFECTIVE
DATE.—Paragraph (1) shall 
apply with respect to a foreign person on and after 
the date on which the designation of that person as 
a terrorist organization is published in the Federal 
Register. 
SEC. 322. BRIEFING ON STRATEGY TO FACILITATE HUMANI-
TARIAN ASSISTANCE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the President shall brief 
the appropriate congressional committees on the strategy 
of the President to help facilitate the ability of humani-
tarian organizations to access financial services to help fa-
cilitate the safe and timely delivery of assistance to com-
munities in need in Syria. 
(b) CONSIDERATION OF DATA FROM OTHER COUN-
TRIES
AND NONGOVERNMENTAL ORGANIZATIONS.—In 
preparing the strategy required by subsection (a), the 
President shall consider credible data already obtained by 
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other countries and nongovernmental organizations, in-
cluding organizations operating in Syria. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs, the 
Committee on Financial Services, and the Com-
mittee on Appropriations of the House of Represent-
atives; and 
(2) the Committee on Foreign Relations, the 
Committee on Banking, Housing, and Urban Af-
fairs, and the Committee on Appropriations of the 
Senate. 
Subtitle C—General Provisions 
SEC. 331. SUSPENSION OF SANCTIONS. 
(a) IN GENERAL.—The President may suspend in 
whole or in part the imposition of sanctions otherwise re-
quired under this title for periods not to exceed 180 days 
if the President determines that the following criteria have 
been met in Syria: 
(1) The air space over Syria is no longer being 
utilized by the Government of Syria or the Govern-
ment of the Russian Federation to target civilian 
populations through the use of incendiary devices, 
including barrel bombs, chemical weapons, and con-
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ventional arms, including air-delivered missiles and 
explosives. 
(2) Areas besieged by the Government of Syria, 
the Government of the Russian Federation, the Gov-
ernment of Iran, or a foreign person described in 
section 312(a)(2)(A)(ii) are no longer cut off from 
international aid and have regular access to humani-
tarian assistance, freedom of travel, and medical 
care. 
(3) The Government of Syria is releasing all po-
litical prisoners forcibly held within the prison sys-
tem of the regime of Bashar al-Assad and the Gov-
ernment of Syria is allowing full access to the same 
facilities for investigations by appropriate inter-
national human rights organizations. 
(4) The forces of the Government of Syria, the 
Government of the Russian Federation, the Govern-
ment of Iran, and any foreign person described in 
section 312(a)(2)(A)(ii) are no longer engaged in de-
liberate targeting of medical facilities, schools, resi-
dential areas, and community gathering places, in-
cluding markets, in violation of international norms. 
(5) The Government of Syria is— 
(A) taking steps to verifiably fulfill its 
commitments under the Convention on the Pro-
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hibition of the Development, Production, Stock-
piling and Use of Chemical Weapons and on 
their Destruction, done at Geneva September 3, 
1992, and entered into force April 29, 1997 
(commonly known as the ‘‘Chemical Weapons 
Convention’’), and the Treaty on the Non-Pro-
liferation of Nuclear Weapons, done at Wash-
ington, London, and Moscow July 1, 1968, and 
entered into force March 5, 1970 (21 UST 
483); and 
(B) making tangible progress toward be-
coming a signatory to the Convention on the 
Prohibition of the Development, Production and 
Stockpiling of Bacteriological (Biological) and 
Toxin Weapons and on their Destruction, done 
at Washington, London, and Moscow April 10, 
1972, and entered into force March 26, 1975 
(26 UST 583). 
(6) The Government of Syria is permitting the 
safe, voluntary, and dignified return of Syrians dis-
placed by the conflict. 
(7) The Government of Syria is taking 
verifiable steps to establish meaningful account-
ability for perpetrators of war crimes in Syria and 
justice for victims of war crimes committed by the 
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Assad regime, including by participation in a cred-
ible and independent truth and reconciliation proc-
ess. 
(b) BRIEFING REQUIRED.—Not later than 30 days 
after the President makes a determination described in 
subsection (a), the President shall provide a briefing to 
the appropriate congressional committees on the deter-
mination and the suspension of sanctions pursuant to the 
determination. 
(c) REIMPOSITION OF SANCTIONS.—Any sanctions 
suspended under subsection (a) shall be reimposed if the 
President determines that the criteria described in that 
subsection are no longer being met. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of the Presi-
dent to terminate the application of sanctions under sec-
tion 312 with respect to a person that no longer engages 
in activities described in subsection (a)(2) of that section. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs, the 
Committee on Financial Services, the Committee on 
Ways and Means, the Committee on the Judiciary, 
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and the Committee on Appropriations of the House 
of Representatives; and 
(2) the Committee on Foreign Relations, the 
Committee on Banking, Housing, and Urban Af-
fairs, the Committee on the Judiciary, and the Com-
mittee on Appropriations of the Senate. 
SEC. 332. WAIVERS AND EXEMPTIONS. 
(a) EXEMPTIONS.—The following activities and 
transactions shall be exempt from sanctions authorized 
under this title: 
(1) Any activity subject to the reporting re-
quirements under title V of the National Security 
Act of 1947 (50 U.S.C. 3091 et seq.), or to any au-
thorized law enforcement, national security, or intel-
ligence activities of the United States. 
(2) Any transaction necessary to comply with 
United States obligations under— 
(A) the Agreement regarding the Head-
quarters of the United Nations, signed at Lake 
Success June 26, 1947, and entered into force 
November 21, 1947, between the United Na-
tions and the United States; 
(B) the Convention on Consular Relations, 
done at Vienna April 24, 1963, and entered 
into force March 19, 1967; or 
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(C) any other international agreement to 
which the United States is a party. 
(b) WAIVER.— 
(1) IN GENERAL.—The President may, for peri-
ods not to exceed 180 days, waive the application of 
any provision of this title with respect to a foreign 
person if the President certifies to the appropriate 
congressional committees that such a waiver is in 
the national security interests of the United States. 
(2) BRIEFING.—Not later than 90 days after 
the issuance of a waiver under paragraph (1), and 
every 180 days thereafter while the waiver remains 
in effect, the President shall brief the appropriate 
congressional committees on the reasons for the 
waiver. 
(c) HUMANITARIAN WAIVER.— 
(1) IN GENERAL.—The President may waive, 
for renewable periods not to exceed 2 years, the ap-
plication of any provision of this title with respect to 
a nongovernmental organization providing humani-
tarian assistance not covered by the authorization 
described in section 321 if the President certifies to 
the appropriate congressional committees that such 
a waiver is important to address a humanitarian 
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need and is consistent with the national security in-
terests of the United States. 
(2) BRIEFING.—Not later than 90 days after 
the issuance of a waiver under paragraph (1), and 
every 180 days thereafter while the waiver remains 
in effect, the President shall brief the appropriate 
congressional committees on the reasons for the 
waiver. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Foreign Affairs, the 
Committee on Financial Services, the Committee on 
Ways and Means, the Committee on the Judiciary, 
and the Committee on Appropriations of the House 
of Representatives; and 
(2) the Committee on Foreign Relations, the 
Committee on Banking, Housing, and Urban Af-
fairs, the Committee on the Judiciary, and the Com-
mittee on Appropriations of the Senate. 
SEC. 333. IMPLEMENTATION AND REGULATORY AUTHORI-
TIES. 
(a) IMPLEMENTATION AUTHORITY.—The President 
may exercise all authorities provided to the President 
under sections 203 and 205 of the International Emer-
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gency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this title. 
(b) REGULATORY AUTHORITY.—The President shall, 
not later than 180 days after the date of the enactment 
of this Act, promulgate regulations as necessary for the 
implementation of this title. 
SEC. 334. RULE OF CONSTRUCTION. 
Nothing in this title shall be construed to limit the 
authority of the President pursuant to the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.) or any other provision of law. 
SEC. 335. SUNSET. 
This title shall cease to be effective on the date that 
is 5 years after the date of the enactment of this Act. 
TITLE IV—COMBATING BDS ACT 
OF 2019 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Combating BDS Act 
of 2019’’. 
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SEC. 402. NONPREEMPTION OF MEASURES BY STATE AND 
LOCAL GOVERNMENTS TO DIVEST FROM EN-
TITIES THAT ENGAGE IN CERTAIN BOYCOTT, 
DIVESTMENT, 
OR 
SANCTIONS 
ACTIVITIES 
TARGETING 
ISRAEL 
OR 
PERSONS 
DOING 
BUSINESS 
IN 
ISRAEL 
OR 
ISRAELI-CON-
TROLLED TERRITORIES. 
(a) STATE
AND
LOCAL
MEASURES.—Notwith-
standing any other provision of law, a State or local gov-
ernment may adopt and enforce measures that meet the 
requirements of subsection (c) to divest the assets of the 
State or local government from, prohibit investment of the 
assets of the State or local government in, or restrict con-
tracting by the State or local government for goods and 
services with— 
(1) an entity that the State or local government 
determines, using credible information available to 
the public, knowingly engages in an activity de-
scribed in subsection (b); 
(2) a successor entity or subunit of an entity 
described in paragraph (1); or 
(3) an entity that owns or controls or is owned 
or controlled by an entity described in paragraph 
(1). 
(b) ACTIVITIES DESCRIBED.—An activity described 
in this subsection is a commerce-related or investment-re-
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lated boycott, divestment, or sanctions activity in the 
course of interstate or international commerce that is in-
tended to penalize, inflict economic harm on, or otherwise 
limit commercial relations with Israel or persons doing 
business in Israel or Israeli-controlled territories for pur-
poses of coercing political action by, or imposing policy 
positions on, the Government of Israel. 
(c) REQUIREMENTS.—A State or local government 
that seeks to adopt or enforce a measure under subsection 
(a) shall meet the following requirements: 
(1) NOTICE.—The State or local government 
shall provide written notice— 
(A) in the case of a measure relating to di-
vestment or investment, to each entity to which 
the measure is to be applied; and 
(B) in the case of a measure relating to 
contracting, of the restrictions imposed by the 
measure to each prospective contractor before 
entering into a contract. 
(2) TIMING.—A measure relating to divestment 
or investment shall apply to an entity not earlier 
than the date that is 90 days after the date on 
which written notice is provided to the entity under 
paragraph (1). 
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(3) OPPORTUNITY FOR COMMENT.—In the case 
of a measure relating to divestment or investment, 
the State or local government shall provide an op-
portunity to comment in writing to each entity to 
which the measure is to be applied. If the entity 
demonstrates to the State or local government that 
neither the entity nor any entity related to the entity 
as described in paragraph (2) or (3) of subsection 
(a) has knowingly engaged in an activity described 
in subsection (b), the measure shall not apply to the 
entity. 
(4) 
DISCLOSURE
IN
CONTRACTING
MEAS-
URES.—The State or local government may require, 
in a measure relating to contracting, that a prospec-
tive contractor disclose whether the prospective con-
tractor or any entity related to the prospective con-
tractor as described in paragraph (2) or (3) of sub-
section (a) knowingly engages in any activity de-
scribed in subsection (b) before entering into a con-
tract. 
(5) SENSE OF CONGRESS ON AVOIDING ERRO-
NEOUS
TARGETING.—It is the sense of Congress 
that a State or local government should not adopt 
a measure under subsection (a) with respect to an 
entity unless the State or local government has 
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made every effort to avoid erroneously targeting the 
entity and has verified that the entity engages in an 
activity described in subsection (b). 
(d) NOTICE TO DEPARTMENT OF JUSTICE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 30 days after adopting a 
measure described in subsection (a), the State or 
local government that adopted the measure shall 
submit written notice to the Attorney General de-
scribing the measure. 
(2) EXISTING
MEASURES.—With respect to 
measures described in subsection (a) adopted before 
the date of the enactment of this Act, the State or 
local government that adopted the measure shall 
submit written notice to the Attorney General de-
scribing the measure not later than 30 days after 
the date of the enactment of this Act. 
(e) NONPREEMPTION.—A measure of a State or local 
government that is consistent with subsection (a) is not 
preempted by any Federal law. 
(f) PRIOR ENACTED MEASURES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of this section or any other provision of 
law, and except as provided in paragraph (2), a 
State or local government may enforce a measure 
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described in subsection (a) adopted by the State or 
local government before the date of the enactment of 
this Act without regard to the requirements of sub-
section (c). 
(2) APPLICATION
OF
NOTICE
AND
OPPOR-
TUNITY FOR COMMENT.—Enforcement of a measure 
described in paragraph (1) shall be subject to the re-
quirements of subsection (c) on and after the date 
that is 2 years after the date of the enactment of 
this Act. 
(g) RULES OF CONSTRUCTION.— 
(1) AUTHORITY OF STATES.—Nothing in this 
section shall be construed to abridge the authority of 
a State to issue and enforce rules governing the 
safety, soundness, and solvency of a financial insti-
tution subject to its jurisdiction or the business of 
insurance pursuant to the Act of March 9, 1945 (59 
Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (com-
monly known as the ‘‘McCarran-Ferguson Act’’). 
(2) POLICY OF THE UNITED STATES.—Nothing 
in this section shall be construed to alter the estab-
lished policy of the United States concerning final 
status issues associated with the Arab-Israeli con-
flict, including border delineation, that can only be 
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resolved through direct negotiations between the 
parties. 
(h) DEFINITIONS.—In this section: 
(1) ASSETS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘assets’’ means 
any pension, retirement, annuity, or endowment 
fund, or similar instrument, that is controlled 
by a State or local government. 
(B) EXCEPTION.—The term ‘‘assets’’ does 
not include employee benefit plans covered by 
title I of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1001 et seq.). 
(2) ENTITY.—The term ‘‘entity’’ includes— 
(A) any corporation, company, business as-
sociation, partnership, or trust; and 
(B) any governmental entity or instrumen-
tality of a government, including a multilateral 
development institution (as defined in section 
1701(c)(3) of the International Financial Insti-
tutions Act (22 U.S.C. 262r(c)(3))). 
(3) INVESTMENT.—The term ‘‘investment’’ in-
cludes— 
(A) a commitment or contribution of funds 
or property; 
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(B) a loan or other extension of credit; and 
(C) the entry into or renewal of a contract 
for goods or services. 
(4) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
(5) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Mariana Islands, American Samoa, 
Guam, the United States Virgin Islands, and any 
other territory or possession of the United States. 
(6) STATE OR LOCAL GOVERNMENT.—The term 
‘‘State or local government’’ includes— 
(A) any State and any agency or instru-
mentality thereof; 
(B) any local government within a State 
and any agency or instrumentality thereof; and 
(C) any other governmental instrumen-
tality of a State or locality. 
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SEC. 403. SAFE HARBOR FOR CHANGES OF INVESTMENT 
POLICIES BY ASSET MANAGERS. 
Section 13(c)(1) of the Investment Company Act of 
1940 (15 U.S.C. 80a–13(c)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) knowingly engage in any activity de-
scribed in section 402(b) of the Combating 
BDS Act of 2019.’’. 
SEC. 404. SENSE OF CONGRESS REGARDING CERTAIN 
ERISA PLAN INVESTMENTS. 
It is the sense of Congress that— 
(1) a fiduciary of an employee benefit plan, as 
defined in section 3(3) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1002(3)), 
may divest plan assets from, or avoid investing plan 
assets in, any person the fiduciary determines know-
ingly engages in any activity described in section 
2(b), if— 
(A) the fiduciary makes that determination 
using credible information that is available to 
the public; and 
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(B) the fiduciary prudently determines 
that the result of that divestment or avoidance 
of investment would not be expected to provide 
the employee benefit plan with— 
(i) a lower rate of return than alter-
native investments with commensurate de-
grees of risk; or 
(ii) a higher degree of risk than alter-
native investments with commensurate 
rates of return; and 
(2) by divesting assets or avoiding the invest-
ment of assets as described in paragraph (1), the fi-
duciary is not breaching the responsibilities, obliga-
tions, or duties imposed upon the fiduciary by sub-
paragraph (A) or (B) of section 404(a)(1) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1104(a)(1)). 
SEC. 405. RULE OF CONSTRUCTION. 
Nothing in this title shall be construed to infringe 
upon any right protected under the First Amendment to 
the Constitution of the United States. 
Æ 
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