[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2641 Reported in Senate (RS)]
<DOC>
Calendar No. 327
116th CONGRESS
1st Session
S. 2641
To promote United States national security and prevent the resurgence
of ISIS, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 17, 2019
Mr. Risch (for himself, Mr. Menendez, Mr. Rubio, Mr. Jones, Mr.
Gardner, Mr. Barrasso, Mr. Portman, Ms. Duckworth, Mrs. Shaheen, Mr.
Kaine, Mr. Durbin, Mr. Coons, Mr. Whitehouse, Ms. Hassan, Mr. Peters,
Mr. Isakson, Mrs. Blackburn, Mr. Casey, and Mr. Warner) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
December 12, 2019
Reported by Mr. Risch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To promote United States national security and prevent the resurgence
of ISIS, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Promoting
American National Security and Preventing the Resurgence of ISIS Act of
2019''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--PROMOTING STABILITY IN SYRIA
<DELETED>Sec. 101. Appropriate congressional committees defined.
<DELETED>Sec. 102. Findings.
<DELETED>Sec. 103. Sense of Congress.
<DELETED>Sec. 104. Strategy to prevent the resurgence of the Islamic
State of Iraq and Al-Sham (ISIS) and its
affiliates.
<DELETED>Sec. 105. Briefings on Turkish incursion into Northeast Syria.
<DELETED>Sec. 106. Humanitarian assistance to the people of Syria.
<DELETED>Sec. 107. Report on accountability for violations of
international law, including war crimes,
and other harm to civilians in Syria during
the Turkish incursion.
<DELETED>Sec. 108. Restriction on arms sales to Turkey.
<DELETED>Sec. 109. Opposition to loans from international financial
institutions that benefit the Government of
Turkey.
<DELETED>Sec. 110. Statement of policy on denouncing targeting of
Kurdish minority at the United Nations.
<DELETED>Sec. 111. Participation of Turkey in NATO.
<DELETED>Sec. 112. Report on net worth of President Recep Tayyip
Erdogan.
<DELETED>TITLE II--KURDISH REFUGEE CRISIS IN SYRIA
<DELETED>Sec. 201. Findings.
<DELETED>Sec. 202. United States refugee program priorities.
<DELETED>TITLE III--SANCTIONS
<DELETED>Sec. 301. Definitions.
<DELETED>Sec. 302. Imposition of sanctions with respect to senior
officials of the Government of Turkey.
<DELETED>Sec. 303. Imposition of sanctions with respect to foreign
persons providing arms to Turkish forces in
Syria.
<DELETED>Sec. 304. Imposition of sanctions with respect to financial
institutions that facilitate transactions
for Turkish Armed Forces.
<DELETED>Sec. 305. Imposition of CAATSA section 231 sanctions against
Turkey.
<DELETED>Sec. 306. Imposition of sanctions with respect to support by
the Russian Federation for the Assad
regime.
<DELETED>Sec. 307. Sanctions described.
<DELETED>Sec. 308. Implementation; regulations; penalties.
<DELETED>TITLE IV--TERMINATION PROVISIONS
<DELETED>Sec. 401. Appropriate congressional committees defined.
<DELETED>Sec. 402. Termination of certain requirements.
<DELETED>Sec. 403. Humanitarian waiver.
<DELETED>Sec. 404. Sunset.
<DELETED>TITLE I--PROMOTING STABILITY IN SYRIA</DELETED>
<DELETED>SEC. 101. APPROPRIATE CONGRESSIONAL COMMITTEES
DEFINED.</DELETED>
<DELETED> In this title, the term ``appropriate congressional
committees'' means--</DELETED>
<DELETED> (1) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate; and</DELETED>
<DELETED> (2) the Committee on Foreign Affairs, the
Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.</DELETED>
<DELETED>SEC. 102. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) The Syrian Democratic Forces (SDF) have fought
on the frontlines against the Islamic State of Iraq and al-Sham
(ISIS), in close partnership with the United States and United
States allies.</DELETED>
<DELETED> (2) While territorial gains have been made, the
Department of Defense, as of August 2019, estimates that ISIS
likely retains between 14,000 and 18,000 ``members'' in Iraq
and Syria, including up to 3,000 foreigners.</DELETED>
<DELETED> (3) Since 2015, the United States Government has
deployed members of the United States Armed Forces to Syria for
the purpose of the counter-ISIS campaign, in an advise, assist,
and accompany role, working closely with the SDF.</DELETED>
<DELETED> (4) The congressionally mandated Syria Study Group
in September 2019 found, ``Although the United States military
mission in Syria is often lumped together with the Iraq and
Afghanistan missions in the `forever war' category, the Syria
case offers a different, and far less costly, model. A small
United States military footprint, supported by United States
air power and other high-end capabilities, reinforced by a
global coalition of like-minded allies and partners, rallied a
local partner force many times its size to liberate territory
from a terrorist group.''</DELETED>
<DELETED> (5) According to the Department of Defense, as of
August 2019, the SDF continued to hold about 10,000 ISIS
fighters in detention centers in Northeast Syria this quarter.
Of these, approximately 2,000 are foreigners from more than 50
countries. The remaining 8,000 are Iraqi and Syrian.</DELETED>
<DELETED> (6) In August 2019, the United States Government
and the Government of Turkey began implementing a security
mechanism to address legitimate Turkish security concerns along
the Turkish Syrian border in which United States and Turkey
established a Combined Joint Operations Center and the SDF
withdrew forces from certain areas.</DELETED>
<DELETED> (7) On October 9, 2019, Turkish military units
began operations in Syrian territory.</DELETED>
<DELETED> (8) On October 13, 2019, the SDF announced a deal
with President of Syria Bashar al-Assad's regime that would
allow government forces to enter the Kurdish-controlled areas
of Northeast Syria for the first time in years.</DELETED>
<DELETED> (9) On October 14, 2019, the governing coalition
of the Kurdish self-administered region in Northeast Syria
announced that they were finalizing a Memorandum of
Understanding with Russia.</DELETED>
<DELETED> (10) On October 14, 2019, the European Union
unanimously announced that it would suspend weapons exports to
Turkey in condemnation of their military action against
Syria.</DELETED>
<DELETED>SEC. 103. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) the United States and Turkey have been treaty
allies since 1952, when Turkey became a member of the North
Atlantic Treaty Organization (NATO);</DELETED>
<DELETED> (2) being a NATO member means that Turkey is
treaty bound to safeguard the principles of democracy,
individual liberty, and the rule of law, and importantly,
should be united with other NATO allies in efforts for
collective defense and the preservation of peace and
security;</DELETED>
<DELETED> (3) Turkey's military invasion of Northeast Syria
is an unacceptable and unnecessary escalation of tensions with
the potential to cause a severe humanitarian crisis and undo
the collective gains made in the fight against the Islamic
State of Iraq and Syria (ISIS) by the United States and the 81
countries and organizations of the Global Coalition to Defeat
ISIS, including NATO and the European Union (EU);</DELETED>
<DELETED> (4) Turkey should immediately cease attacks
against the Syrian Democratic Forces (SDF) and recall its
forces back to Turkey;</DELETED>
<DELETED> (5) targeted sanctions against Turkey are an
appropriate response in order for Turkey to be held accountable
for its military offensive in Northeast Syria;</DELETED>
<DELETED> (6) Turkey's military invasion into Northeast
Syria is the latest example of the weakening and problematic
United States-Turkey bilateral relationship and undermines the
security of the United States and its NATO allies, including
that of Turkey;</DELETED>
<DELETED> (7) the SDF have been critical partners to United
States and allied counter-ISIS and broader counterterrorism
efforts in Syria, and the United States should continue this
partnership with the SDF;</DELETED>
<DELETED> (8) the United States Government should utilize
diplomatic and military tools to ensure the enduring defeat of
ISIS;</DELETED>
<DELETED> (9) the United States should stand by critical
allies and partners;</DELETED>
<DELETED> (10) Russian and Iranian political and military
influence in Syria present a threat to United States national
security interests; and</DELETED>
<DELETED> (11) the United States Government, in concert with
the international community, should hold accountable members of
the Syrian regime and the Governments of the Russian Federation
and Iran for atrocities against the Syrian people.</DELETED>
<DELETED>SEC. 104. STRATEGY TO PREVENT THE RESURGENCE OF THE ISLAMIC
STATE OF IRAQ AND AL-SHAM (ISIS) AND ITS
AFFILIATES.</DELETED>
<DELETED> (a) Strategy Required.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, and the Administrator of
the United States Agency for International Development, in consultation
with the heads of other appropriate Federal agencies, shall jointly
develop and submit to the appropriate congressional committees a
strategy to prevent the resurgence of ISIS in Iraq and Syria.</DELETED>
<DELETED> (b) Elements of the Strategy.--The strategy required under
subsection (a) shall include the following elements:</DELETED>
<DELETED> (1) A summary of the United States national
security interests in Iraq and Syria and the impact a
resurgence of ISIS would have on those interests.</DELETED>
<DELETED> (2) A comprehensive assessment of current training
and support programs by agency or department, specifically
focused on countering ISIS and other terrorist organizations,
including non-lethal assistance, training, and organizational
capacity for the SDF, the Iraqi Security Forces, the Kurdish
Peshmerga, and others to counter gains by ISIS and its
affiliates.</DELETED>
<DELETED> (3) A detailed description of United States
Government efforts to support, develop, and expand local
governance structures in areas in Syria previously liberated
from ISIS control.</DELETED>
<DELETED> (4) An estimate of the number of current, active
ISIS members in Iraq and Syria, including an assessment of
those being held in detainee camps or prisons.</DELETED>
<DELETED> (5) A comprehensive plan to address ISIS detainees
currently being held in Syria and Iraq, including--</DELETED>
<DELETED> (A) the designation of an existing
official within the Department of State to serve as a
senior-level coordinator to coordinate, in conjunction
with the lead and other relevant agencies, all matters
for the United States Government relating to the long-
term disposition of ISIS fighter detainees, including
all matters in connection with--</DELETED>
<DELETED> (i) repatriation, transfer,
prosecution, and intelligence
gathering;</DELETED>
<DELETED> (ii) coordinating a whole-of-
government approach with other countries and
international organizations, including
INTERPOL, to ensure secure chains of custody
and locations of ISIS foreign terrorist fighter
detainees;</DELETED>
<DELETED> (iii) coordinating technical and
evidentiary assistance to foreign countries to
aid in the successful prosecution of ISIS
foreign terrorist fighter detainees;
and</DELETED>
<DELETED> (iv) all multilateral and
international engagements led by the Department
of State and other agencies that are related to
the current and future handling, detention, and
prosecution of ISIS foreign terrorist fighter
detainees; and</DELETED>
<DELETED> (B) engagement with international partners
on legal, tenable mechanisms for repatriating foreign
fighters.</DELETED>
<DELETED> (6) A description, which may be in classified
form, of ISIS senior leadership and infrastructure and efforts
to target leadership figures.</DELETED>
<DELETED> (7) A comprehensive description of United States
activities utilizing social media and other communication
technologies strategy to counter ISIS's propaganda, influence,
and ability to recruit fighters domestically and
internationally, including with private technology companies,
and how such activities are being coordinated across the United
States Government.</DELETED>
<DELETED> (8) A description of the efforts of the United
States Government, including economic sanctions, to deny
financial resources, including revenues from natural resources
extraction, sale of antiquities, kidnaping, extortion,
taxation, smuggling, access to cash storage sites, and access
to international financial networks, to ISIS and its
affiliates, in conjunction with international partners and
financial institutions.</DELETED>
<DELETED> (9) A description of United States Government
efforts to support credible war crimes prosecutions against
ISIS fighters.</DELETED>
<DELETED> (10) A plan to ensure the delivery of humanitarian
assistance.</DELETED>
<DELETED>SEC. 105. BRIEFINGS ON TURKISH INCURSION INTO NORTHEAST
SYRIA.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) the Russian Federation and Iran continue to
exploit a security vacuum in Syria and continue to pose a
threat to vital United States national security interests;
and</DELETED>
<DELETED> (2) continued Turkish military activity inside
Syria will negatively impact the national security interest and
regional stability of the United States.</DELETED>
<DELETED> (b) Briefings Required.--</DELETED>
<DELETED> (1) In general.--Not later than 15 days after the
date of the enactment of this Act, and every 15 days
thereafter, the Secretary of State, in coordination with the
Secretary of Defense, and the Administrator of the United
States Agency for International Development, in consultation
with the heads of other appropriate Federal agencies, shall
jointly brief the appropriate congressional committees on the
October 2019 Turkish incursion into Syria, including the impact
of the withdrawal of United States troops from Northeast
Syria.</DELETED>
<DELETED> (2) Elements of the briefing.--The briefing
required under paragraph (1) shall include the following
elements:</DELETED>
<DELETED> (A) A description of the impact of the
incursion on the ability of ISIS to reconstitute a
physical caliphate.</DELETED>
<DELETED> (B) A description of the impact of the
incursion on the Russian Federation's military and
political influence in Syria.</DELETED>
<DELETED> (C) A description of the impact of the
incursion on Iran's ability to increase its military
and political influence in Syria.</DELETED>
<DELETED> (D) A comprehensive assessment of the
United States Government's activities to counter
Iranian and Russian influence in Syria.</DELETED>
<DELETED> (E) An outline of planned joint actions by
the Department of State and the Department of Defense,
in consultation with the heads of other appropriate
Federal agencies, regarding any and all stabilization
funds or activities for Syria and an explanation of how
such funds and activities can contribute to
stabilization in the current environment and without
the limited United States troop presence in Northeast
Syria.</DELETED>
<DELETED> (F) The creation and use by the Government
of Turkey of ``safe zones'' to justify the involuntary
or uninformed return of Syrian refugees from Turkey to
Syrian territory or to justify the forced displacement
of Syrians inside Syria or to prevent Syrians from
seeking international protections.</DELETED>
<DELETED> (G) The role of the Government of Turkey
and Turkish-backed forces in facilitating humanitarian
actors, including international nongovernmental
organizations (INGOs) for cross-border work from Turkey
and in ensuring efficient open supply lines for
humanitarian assistance and personnel through border
crossing points on the Turkey-Syria and Iraq-Syria
borders and facilitating safe passage of humanitarian
assistance to Syrians inside Syria based on
need.</DELETED>
<DELETED> (H) The actions of the Government of
Turkey and Turkish-backed forces in the operation of
all camps for families displaced by conflict as
civilian facilities and ensuring that camp residents,
in particular women and children, are treated as
civilian victims of conflict in accordance with
international law and standards.</DELETED>
<DELETED> (I) The actions of the Government of
Turkey and Turkish-backed forces in taking effective
measures to protect civilians and civilian
infrastructure, including health facilities, water-
pumping stations, and restricting use of explosive
weapons in populated areas.</DELETED>
<DELETED>SEC. 106. HUMANITARIAN ASSISTANCE TO THE PEOPLE OF
SYRIA.</DELETED>
<DELETED> The President is authorized to provide humanitarian
assistance pursuant to the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public Law
116-6) to support the people of Syria, both in Syria and displaced in
surrounding countries, in accordance with established international
humanitarian principles.</DELETED>
<DELETED>SEC. 107. REPORT ON ACCOUNTABILITY FOR VIOLATIONS OF
INTERNATIONAL LAW, INCLUDING WAR CRIMES, AND OTHER HARM
TO CIVILIANS IN SYRIA DURING THE TURKISH
INCURSION.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) Turkish and pro-Turkish forces should end all
practices involving arbitrary arrests, enforced disappearances,
torture, arbitrary executions, and other unlawful treatment;
and</DELETED>
<DELETED> (2) all stakeholders in the Turkish incursion
should reveal the fate or the location of all persons who have
been subjected to enforced disappearance by such
stakeholders.</DELETED>
<DELETED> (b) Report.--</DELETED>
<DELETED> (1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
that describes the causes and consequences of civilian harm
occurring during the Turkish incursion into Northeast Syria,
including violations of the law of armed conflict, and gross
violations of human rights as a result of the actions of all
parties to the conflict.</DELETED>
<DELETED> (2) Elements.--The report required under paragraph
(1) shall include the following elements:</DELETED>
<DELETED> (A) A description of civilian harm
occurring in the context of the Turkish incursion,
including--</DELETED>
<DELETED> (i) mass casualty incidents;
and</DELETED>
<DELETED> (ii) damage to, and destruction
of, civilian infrastructure and services,
including--</DELETED>
<DELETED> (I) hospitals and other
medical facilities;</DELETED>
<DELETED> (II) electrical
grids;</DELETED>
<DELETED> (III) water systems;
and</DELETED>
<DELETED> (IV) other critical
infrastructure.</DELETED>
<DELETED> (B) A description of violations of the law
of armed conflict committed during the Turkish
incursion into Northeast Syria by all forces involved
in the Turkish-led coalition and all forces fighting on
its behalf and by any other combatants in the conflict,
including--</DELETED>
<DELETED> (i) alleged war crimes;</DELETED>
<DELETED> (ii) specific instances of failure
by the parties to the conflict to exercise
distinction, proportionality, and precaution in
the use force in accordance with the law of
armed conflict;</DELETED>
<DELETED> (iii) arbitrary denials of
humanitarian access and the resulting impact on
the alleviation of human suffering;</DELETED>
<DELETED> (iv) extra-judicial executions and
detention-related abuses; and</DELETED>
<DELETED> (v) other acts that may constitute
violations of the law of armed
conflict.</DELETED>
<DELETED> (C) Recommendations for establishing
accountability mechanisms for the civilian harm, war
crimes, other violations of the law of armed conflict,
and gross violations of human rights perpetrated by
Turkish and pro-Turkish forces Syria, including the
potential for prosecuting individuals perpetrating,
organizing, directing, or ordering such
violations.</DELETED>
<DELETED>SEC. 108. RESTRICTION ON ARMS SALES TO TURKEY.</DELETED>
<DELETED> (a) Prohibition on Arms Transfers to Turkish Military
Units.--No United States defense articles, services, or technology may
be transferred under the Arms Export Control Act (22 U.S.C. 2751 et
seq.) to Turkey if such articles, services, or technology could be used
in operations by the Turkish Armed Forces in Syria.</DELETED>
<DELETED> (b) Exception.--The prohibition under subsection (a) does
not apply to transfers for ultimate end use by the United States Armed
Forces or in military operations approved by NATO.</DELETED>
<DELETED> (c) No Use of Emergency Authority.--The authority of the
President to waive statutory congressional review periods under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) in cases in which an
emergency exists shall not apply to the transfer of defense articles or
services to Turkey.</DELETED>
<DELETED>SEC. 109. OPPOSITION TO LOANS FROM INTERNATIONAL FINANCIAL
INSTITUTIONS THAT BENEFIT THE GOVERNMENT OF
TURKEY.</DELETED>
<DELETED> (a) In General.--The President shall direct the United
States executive director to each international financial institution
to use the voice and vote of the United States to oppose any loan from
the international financial institution that would benefit the
Government of Turkey.</DELETED>
<DELETED> (b) International Financial Institution Defined.--In this
section, the term ``international financial institution'' has the
meaning given that term in section 1701(c) of the International
Financial Institutions Act (22 U.S.C. 262r(c)).</DELETED>
<DELETED>SEC. 110. STATEMENT OF POLICY ON DENOUNCING TARGETING OF
KURDISH MINORITY AT THE UNITED NATIONS.</DELETED>
<DELETED> It is the policy of the United States to use the voice and
vote of the United States at the United Nations--</DELETED>
<DELETED> (1) to denounce the targeting of the Kurdish
minority in Northeast Syria; and</DELETED>
<DELETED> (2) to in no way support activities of the
Government of Turkey targeting the Kurdish community in
Syria.</DELETED>
<DELETED>SEC. 111. PARTICIPATION OF TURKEY IN NATO.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) Article 1 of the North Atlantic Treaty, signed
at Washington April 4, 1949, states, ``The Parties undertake,
as set forth in the Charter of the United Nations, to settle
any international dispute in which they may be involved by
peaceful means in such a manner that international peace and
security and justice are not endangered, and to refrain in
their international relations from the threat or use of force
in any manner inconsistent with the purposes of the United
Nations.''</DELETED>
<DELETED> (2) Turkey has invaded Northeast Syria with the
intention of targeting the Kurdish minority in the country, in
a manner inconsistent with article 1 of the North Atlantic
Treaty.</DELETED>
<DELETED> (b) Department of State Report on Participation of Turkey
in NATO.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the appropriate
congressional committees a report that includes the following
elements:</DELETED>
<DELETED> (1) An assessment of the historical contributions
made by Turkey to the NATO alliance since it became a member in
1952.</DELETED>
<DELETED> (2) An assessment of the impact of Turkey's
October 2019 incursion into Northeast Syria for the national
security of its NATO allies.</DELETED>
<DELETED> (3) An assessment of Turkey's role in the alliance
and the future prospects for Turkey to fully embrace and
implement all 14 articles of the North Atlantic
Treaty.</DELETED>
<DELETED>SEC. 112. REPORT ON NET WORTH OF PRESIDENT RECEP TAYYIP
ERDOGAN.</DELETED>
<DELETED> Not later than 120 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the Secretary of
the Treasury and the Director of National Intelligence, shall submit to
the appropriate congressional committees a report on the estimated net
worth and known sources of income of Turkish President Recep Tayyip
Erdogan and his family members (including spouse, children, parents,
and siblings), including assets, investments, other business interests,
and relevant beneficial ownership information.</DELETED>
<DELETED>TITLE II--KURDISH REFUGEE CRISIS IN SYRIA</DELETED>
<DELETED>SEC. 201. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) According to the United Nations Office for the
Coordination of Humanitarian Affairs, more than 160,000 Syrian
Kurdish civilians are internally displaced and more than
400,000 civilians in the Syrian conflict zone will have
significant humanitarian needs in Kurdish-controlled areas of
Northeastern Syria as a result of ongoing Turkish operations
against Syrian Democratic Forces.</DELETED>
<DELETED> (2) Members of the Syrian Democratic Forces have
fought on the front lines against the Islamic State, in
partnership and with the close support of the United States and
its allies.</DELETED>
<DELETED>SEC. 202. UNITED STATES REFUGEE PROGRAM PRIORITIES.</DELETED>
<DELETED> (a) In General.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall designate, as Priority 2
refugees of special humanitarian concern--</DELETED>
<DELETED> (1) Syrian Kurds, stateless persons who habitually
resided in Syria, and other Syrians who partnered with, or
worked for or directly with, the United States Government in
Syria;</DELETED>
<DELETED> (2) Syrian Kurds, stateless persons who habitually
resided in Syria, and other Syrians who were employed in Syria
by--</DELETED>
<DELETED> (A) a media or nongovernmental
organization based in the United States;</DELETED>
<DELETED> (B) an organization or entity that has
received a grant from, or entered into a cooperative
agreement or contract with, the United States
Government; or</DELETED>
<DELETED> (C) an organization that--</DELETED>
<DELETED> (i) was continuously physically
present in Northeast Syria between 2011 and the
date of the enactment of this Act;
and</DELETED>
<DELETED> (ii) has partnered with an
organization described in subparagraph (A) or
(B);</DELETED>
<DELETED> (3) the spouses, children, sons, daughters,
siblings, and parents of aliens described in paragraph (1) or
section 204(b);</DELETED>
<DELETED> (4) Syrian Kurds, stateless persons who habitually
resided in Syria, and other Syrians who have an immediate
relative (as defined in section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))) or
a family member described in section 203(a) of such Act (8
U.S.C. 203(a)) who is physically present in the United
States;</DELETED>
<DELETED> (5) Syrian Kurds, stateless persons who habitually
resided in Syria, and other Syrians who were or are employed by
the United States Government in Syria, for an aggregate period
of at least 1 year; and</DELETED>
<DELETED> (6) citizens or nationals of Syria or Iraq, or
stateless persons who habitually resided in Syria or Iraq, who
provided service to United States counter-ISIS efforts for an
aggregate period of at least 1 year.</DELETED>
<DELETED> (b) Eligibility for Admission as a Refugee.--An alien may
not be denied the opportunity to apply for admission as a refugee under
this section solely because such alien qualifies as an immediate
relative of a national of the United States or is eligible for
admission to the United States under any other immigrant
classification.</DELETED>
<DELETED> (c) Membership in Certain Syrian Organizations.--An
applicant for admission to the United States may not be deemed
inadmissible based on membership in, or support provided to, the Syrian
Democratic Forces.</DELETED>
<DELETED> (d) Exclusion From Numerical Limitations.--Aliens provided
refugee status under this section shall not be counted against any
numerical limitation under section 201, 202, 203, or 207 of the
Immigration and Nationality Act (8 U.S.C. 1151, 1152, 1153, and
1157).</DELETED>
<DELETED> (e) Identification of Other Persecuted Groups.--The
Secretary of State, or the designee of the Secretary, is authorized to
classify other groups of Syrians, including vulnerable populations, as
Priority 2 refugees of special humanitarian concern.</DELETED>
<DELETED> (f) Satisfaction of Other Requirements.--Aliens granted
status under this section as Priority 2 refugees of special
humanitarian concern under the refugee resettlement priority system
shall be deemed to satisfy the requirements under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) for admission to the
United States.</DELETED>
<DELETED>TITLE III--SANCTIONS</DELETED>
<DELETED>SEC. 301. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Admission; admitted; alien.--The terms
``admission'', ``admitted'', and ``alien'' have the meanings
given those terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).</DELETED>
<DELETED> (2) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations and
the Committee on Banking, Housing, and Urban Affairs of
the Senate; and</DELETED>
<DELETED> (B) the Committee on Foreign Affairs and
the Committee on Financial Services of the House of
Representatives.</DELETED>
<DELETED> (3) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.</DELETED>
<DELETED> (4) Foreign financial institution.--The term
``foreign financial institution'' has the meaning given that
term in regulations prescribed by the Secretary of the
Treasury.</DELETED>
<DELETED> (5) Foreign person.--The term ``foreign person''
means an individual or entity that is not a United States
person.</DELETED>
<DELETED> (6) 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.</DELETED>
<DELETED> (7) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen or an alien
lawfully admitted for permanent residence to the United
States; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 302. IMPOSITION OF SANCTIONS WITH RESPECT TO SENIOR
OFFICIALS OF THE GOVERNMENT OF TURKEY.</DELETED>
<DELETED> (a) In General.--On and after the date that is 15 days
after the date of the enactment of this Act, each of the following
officials shall be subject to the same sanctions as a person included
on the list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the Department of
the Treasury:</DELETED>
<DELETED> (1) The Minister of National Defense of
Turkey.</DELETED>
<DELETED> (2) The Chief of the General Staff of the Turkish
Armed Forces.</DELETED>
<DELETED> (3) The Commander of the 2nd Army of the Turkish
Armed Forces.</DELETED>
<DELETED> (4) The Minister of Treasury and Finance of
Turkey.</DELETED>
<DELETED> (b) Sanctions With Respect to Additional Officials.--
</DELETED>
<DELETED> (1) List.--Not later than 30 days after the date
of the enactment of this Act, and every 60 days thereafter, the
Secretary of State, in consultation with the Secretary of
Defense and the Director of National Intelligence, shall submit
to the appropriate congressional committees a list of the
following foreign persons:</DELETED>
<DELETED> (A) Senior officials of the Ministry of
National Defense of Turkey involved in the decision to
invade Syria.</DELETED>
<DELETED> (B) Senior officials of the Turkish Armed
Forces leading attacks against the Syrian Democratic
Forces.</DELETED>
<DELETED> (C) Officials of the Government of Turkey
significantly facilitating Turkey's military operations
in Syria.</DELETED>
<DELETED> (D) Officials of the Government of Turkey
and members of the Turkish Armed Forces who are
responsible for, are complicit in, have directly or
indirectly engaged in, or have attempted to engage in,
any of the following relating to Turkey's invasion of
Northeast Syria:</DELETED>
<DELETED> (i) A violation of the law of
armed conflict.</DELETED>
<DELETED> (ii) A gross violation of
internationally recognized human
rights.</DELETED>
<DELETED> (2) Imposition of sanctions.--On and after the
date that is 15 days after the submission of the most recent
list required by paragraph (1), each foreign person identified
on the list shall be subject to the same sanctions as a person
included on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury.</DELETED>
<DELETED>SEC. 303. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
PERSONS PROVIDING ARMS TO TURKISH FORCES IN
SYRIA.</DELETED>
<DELETED> (a) Report Required.--Not later than 30 days after the
date of the enactment of this Act, and every 60 days thereafter and as
new information becomes available, the Secretary of State, in
consultation with the Secretary of Defense and the Director of National
Intelligence, shall submit to the President and the appropriate
congressional committees a list of any foreign persons determined to
have knowingly provided, on or after such date of enactment, defense
articles, services, or technology to Turkey if such articles, services,
or technology could be used in operations by the Turkish Armed Forces
in Syria.</DELETED>
<DELETED> (b) Imposition of Sanctions.--The President shall impose
the sanctions described in section 307 with respect to each foreign
person identified on the list required by subsection (a).</DELETED>
<DELETED> (c) Exception.--The sanctions imposed pursuant to this
section shall not apply to transfers defense articles, services, or
technology for ultimate end use by the United States Armed Forces or in
military operations approved by NATO.</DELETED>
<DELETED> (d) Waiver.--</DELETED>
<DELETED> (1) In general.--The President may waive, on a
case-by-case basis and for a period of not more than 90 days,
the imposition of sanctions under this section with respect to
a foreign person if the President--</DELETED>
<DELETED> (A) determines the waiver is important to
the national security interests of the United States;
and</DELETED>
<DELETED> (B) not later than 30 days after making
such a determination, submits to the appropriate
congressional committees a report on the
determination.</DELETED>
<DELETED> (2) Renewal of waivers.--The President may, on a
case-by-case basis, renew a waiver under paragraph (1) for an
additional period of not more than 90 days if, not later than
15 days before the waiver expires, the President--</DELETED>
<DELETED> (A) determines the renewal of the waiver
is important to the national security interests of the
United; and</DELETED>
<DELETED> (B) submits to the appropriate
congressional committees a report on the
determination.</DELETED>
<DELETED>SEC. 304. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL
INSTITUTIONS THAT FACILITATE TRANSACTIONS FOR TURKISH
ARMED FORCES.</DELETED>
<DELETED> (a) Halk Bankasi or Halkbank.--Not later than 15 days
after the date of enactment of this Act, the following entities shall
be subject to the same sanctions as a person included on the list of
specially designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury:</DELETED>
<DELETED> (1) Halk Bankasi;</DELETED>
<DELETED> (2) Halkbank; or</DELETED>
<DELETED> (3) any successor entity to an entity specified in
paragraph (1) or (2).</DELETED>
<DELETED> (b) Additional Financial Institutions.--If the Secretary
of State, in consultation with the Secretary of Defense, the Secretary
of Treasury, and the Director of National Intelligence, determines that
any foreign financial institution (other than a financial institution
specified in subsection (a)), has knowingly facilitated transactions
for the Turkish Armed Forces or the defense industry in Turkey relating
to the military operations of Turkey in Syria, the President shall, not
later than 60 days after that determination, impose the sanctions
described in section 307 with respect to that financial
institution.</DELETED>
<DELETED>SEC. 305. IMPOSITION OF CAATSA SECTION 231 SANCTIONS AGAINST
TURKEY.</DELETED>
<DELETED> (a) Treatment of Purchase of S-400 Air and Missile Defense
System as Sanctionable Transaction.--For the purposes of section 231 of
the Countering America's Adversaries Through Sanctions Act (22 U.S.C.
9525), Turkey's acquisition of the S-400 air and missile defense system
from the Russian Federation beginning July 12, 2019, shall be
considered to be a significant transaction described in that
section.</DELETED>
<DELETED> (b) Imposition of Sanctions.--Not later than 30 days after
the date of the enactment of this Act, the President shall impose 5 or
more of the sanctions described in section 235 of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9529) with
respect to the Government of Turkey.</DELETED>
<DELETED>SEC. 306. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT BY
THE RUSSIAN FEDERATION FOR THE ASSAD REGIME.</DELETED>
<DELETED> (a) List Required.--Not later than 30 days after the date
of the enactment of this Act, and every 60 days thereafter, the
Secretary of State, in consultation with the Secretary of Defense and
the Director of National Intelligence, shall submit to appropriate
congressional committees a list of each Russian person that, on or
after such date of enactment, knowingly exports, transfers, or
otherwise provides to Syria significant financial, material, or
technological support that contributes materially to the ability of the
Government of Syria to acquire defense articles, defense services, and
related information.</DELETED>
<DELETED> (b) Sanctions.--A Russian person identified on the list
required by subsection (a) shall be subject to the same sanctions as a
person included on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Assets Control of
the Department of the Treasury.</DELETED>
<DELETED> (c) Waiver.--</DELETED>
<DELETED> (1) In general.--The President may, on a case-by-
case basis and for renewable periods of not to exceed 60 days,
waive the application of this section with respect to a Russian
person if the President determines and certifies to the
appropriate congressional committees that such a waiver is in
the vital national security interests of the United
States.</DELETED>
<DELETED> (2) Certification.--The certification referenced
in paragraph (1) shall include a detailed explanation of the
specific factors upon which the determination was made that a
waiver is in the vital national security interests of the
United States.</DELETED>
<DELETED> (3) Briefing.--Not later than 10 days after the
issuance of a waiver under paragraph (1), and every 90 days
thereafter while the waiver remains in effect, the President
shall brief the appropriate congressional committees on the
justification for the waiver.</DELETED>
<DELETED> (d) Russian Person Defined.--In this section, the term
``Russian person'' has the meaning given that term in section 256(c) of
the Countering America's Adversaries Through Sanctions Act (22 U.S.C.
9545(c)).</DELETED>
<DELETED>SEC. 307. SANCTIONS DESCRIBED.</DELETED>
<DELETED> The sanctions described in this section are the
following:</DELETED>
<DELETED> (1) Asset blocking.--The President shall exercise
all of the powers granted by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the
requirements of section 202 of such Act (50 U.S.C. 1701) shall
not apply) to the extent necessary to block and prohibit all
transactions in all property and interests in property of a
foreign person if such property and interests in property are
in the United States, come within the United States, or are or
come within the possession or control of a United States
person.</DELETED>
<DELETED> (2) Aliens inadmissible for visas, admission, or
parole.--</DELETED>
<DELETED> (A) Visas, admission, or parole.--An alien
is--</DELETED>
<DELETED> (i) inadmissible to the United
States;</DELETED>
<DELETED> (ii) ineligible to receive a visa
or other documentation to enter the United
States; and</DELETED>
<DELETED> (iii) otherwise ineligible to be
admitted or paroled into the United States or
to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101
et seq.).</DELETED>
<DELETED> (B) Current visas revoked.--</DELETED>
<DELETED> (i) In general.--An alien
described in subparagraph (A) is subject to
revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was
issued.</DELETED>
<DELETED> (ii) Immediate effect.--A
revocation under clause (i) shall--</DELETED>
<DELETED> (I) take effect
immediately; and</DELETED>
<DELETED> (II) automatically cancel
any other valid visa or entry
documentation that is in the alien's
possession.</DELETED>
<DELETED> (C) Exception to comply with united
nations headquarters agreement.--Sanctions under this
paragraph shall not apply to the admission of an alien
if such admission is necessary to permit the United
States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United
States, or other applicable international obligations
of the United States.</DELETED>
<DELETED>SEC. 308. IMPLEMENTATION; REGULATIONS; PENALTIES.</DELETED>
<DELETED> (a) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this title.</DELETED>
<DELETED> (b) Regulations.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
title.</DELETED>
<DELETED> (c) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this title or
any regulation, license, or order issued to carry out this title shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.</DELETED>
<DELETED>TITLE IV--TERMINATION PROVISIONS</DELETED>
<DELETED>SEC. 401. APPROPRIATE CONGRESSIONAL COMMITTEES
DEFINED.</DELETED>
<DELETED> In this title, the term ``appropriate congressional
committees'' means--</DELETED>
<DELETED> (1) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the Senate;
and</DELETED>
<DELETED> (2) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.</DELETED>
<DELETED>SEC. 402. TERMINATION OF CERTAIN REQUIREMENTS.</DELETED>
<DELETED> (a) In General.--The restriction under section 108, the
requirement under section 109, and the sanctions imposed under sections
302 and 303, shall terminate if the President determines and submits to
the appropriate congressional committees a finding that--</DELETED>
<DELETED> (1) Turkey has halted attacks against the Syrian
Democratic Forces, Kurdish and Arab civilians, and other
religious and ethnic minority communities in Northeast
Syria;</DELETED>
<DELETED> (2) Turkish forces not involved in coordinated
operations with NATO allies or the Global Coalition to Defeat
ISIS have withdrawn from Northeast Syria; and</DELETED>
<DELETED> (3) Turkey is not hindering counterterrorism
operations against ISIS.</DELETED>
<DELETED> (b) Financial Sanctions.--Financial sanctions imposed
under section 304 shall terminate if the President determines and
submits to the appropriate congressional committees the finding
described in subsection (a)(1).</DELETED>
<DELETED>SEC. 403. HUMANITARIAN WAIVER.</DELETED>
<DELETED> The President may waive the application of section 302,
303, or 304 for the purpose of providing humanitarian assistance if the
President certifies to the appropriate congressional committees that
such a waiver is important to address a humanitarian need and
consistent with the national security interests of the United States
and, not later than 15 days before issuing such a waiver, the President
submits to such committees a justification relating to such
determination.</DELETED>
<DELETED>SEC. 404. SUNSET.</DELETED>
<DELETED> This Act shall terminate on the date that is 3 years after
the date on which sanctions imposed pursuant to this Act have
terminated.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting American
National Security and Preventing the Resurgence of ISIS Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROMOTING STABILITY IN SYRIA
Sec. 101. Appropriate congressional committees defined.
Sec. 102. Findings.
Sec. 103. Sense of Congress.
Sec. 104. Strategy to prevent the resurgence of the Islamic State of
Iraq and Syria (ISIS) and its affiliates.
Sec. 105. Briefings on Turkish incursion into northeast Syria.
Sec. 106. Humanitarian assistance to the people of Syria.
Sec. 107. Report on accountability for violations of international law,
including war crimes, and other harm to
civilians in Syria during the Turkish
incursion.
Sec. 108. Statement of policy on denouncing targeting of Kurdish
community at the United Nations.
Sec. 109. Participation of Turkey in NATO.
Sec. 110. Report on net worth of President Recep Tayyip Erdogan.
Sec. 111. Sense of Congress on Geneva Convention prohibition against
pillage.
TITLE II--ASSISTING VULNERABLE KURDISH PARTNERS
Sec. 201. Findings.
Sec. 202. United States refugee program priorities.
Sec. 203. Special immigrant status for certain Syrian Kurds and other
Syrians who worked for the United States
Government in Syria.
Sec. 204. Processing mechanisms.
TITLE III--SANCTIONS AND OTHER RESTRICTIVE MEASURES
Sec. 301. Definitions.
Subtitle A--Measures to Deter Turkish Malign Activities in Syria
Sec. 311. Effective date; termination.
Sec. 312. Restriction on arms sales to Turkey.
Sec. 313. Opposition to loans from international financial institutions
that benefit the Government of Turkey.
Sec. 314. Imposition of sanctions with respect to officials of the
Government of Turkey relating to operations
in Syria.
Sec. 315. Imposition of sanctions with respect to foreign persons
providing arms to Turkish forces in Syria.
Sec. 316. Imposition of sanctions with respect to foreign financial
institutions that facilitate transactions
for Turkish Armed Forces.
Subtitle B--Other Sanctions and Restrictive Measures
Sec. 321. Imposition of sanctions with respect to officials of the
Government of Turkey involved in human
rights abuses.
Sec. 322. Imposition of CAATSA section 231 sanctions against Turkey.
Sec. 323. Prohibition on transfer of F-35 aircraft to Turkey.
Sec. 324. Limitations on future transfer of F-35 aircraft to Turkey.
Sec. 325. Prohibition on export or transfer to Turkey of F-16 aircraft
and related training, spare parts, and
other support.
Sec. 326. Imposition of sanctions with respect to support by the
Russian Federation for the Assad regime.
Sec. 327. Sense of Congress on civilian nuclear cooperation agreements
with Turkey.
Subtitle C--General Provisions
Sec. 331. Exceptions; waivers.
Sec. 332. Implementation; regulations; penalties.
Sec. 333. Studies on effectiveness of sanctions in achieving foreign
policy objectives.
TITLE IV--MISCELLANEOUS
Sec. 401. Agreement for NATO members not to acquire defense technology
incompatible with the security of NATO
systems.
Sec. 402. No authorization for the use of military force.
TITLE V--TERMINATION
Sec. 501. Termination.
TITLE I--PROMOTING STABILITY IN SYRIA
SEC. 101. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
SEC. 102. FINDINGS.
Congress makes the following findings:
(1) On July 12, 2019, the Government of Turkey took
delivery of the S-400 air defense system, which it purchased
from the defense sector of the Government of the Russian
Federation for a reported cost of $2,500,000,000.
(2) The Syrian Democratic Forces (SDF) have fought on the
frontlines against the Islamic State of Iraq and Syria (ISIS),
in close partnership with the United States and United States
allies.
(3) While territorial gains have been made, the Department
of Defense, as of November 27, 2019, estimated that ISIS
retains roughly 11,000 ``fighters'' in Iraq and Syria.
(4) Since 2015, the United States Government has deployed
members of the United States Armed Forces to Syria for the
purpose of the counter-ISIS campaign, in an advise, assist, and
accompany role, working closely with the SDF.
(5) The congressionally-mandated Syria Study Group in
September 2019 found, ``Although the United States military
mission in Syria is often lumped together with the Iraq and
Afghanistan missions in the `forever war' category, the Syria
case offers a different, and far less costly, model. A small
United States military footprint, supported by United States
air power and other high-end capabilities, reinforced by a
global coalition of like-minded allies and partners, rallied a
local partner force many times its size to liberate territory
from a terrorist group.''
(6) According to the Department of Defense, as of August
2019, the SDF continued to hold about 10,000 ISIS fighters in
detention centers in northeast Syria this quarter. Of these,
approximately 2,000 are foreigners from more than 50 countries.
The remaining 8,000 are Iraqi and Syrian.
(7) In August 2019, the United States Government and the
Government of Turkey began implementing a security mechanism to
address legitimate Turkish security concerns along the Turkish
Syrian border in which United States and Turkey established a
Combined Joint Operations Center and the SDF withdrew forces
from certain areas.
(8) On October 9, 2019, Turkish military units began
operations in Syrian territory.
(9) The Government of Turkey's October 9, 2019, military
offensive created new waves of displaced people, hindered
humanitarian operations, and resulted in the escape of ISIS
detainees from SDF-run prison camps.
(10) On October 13, 2019, the SDF announced a deal with
President of Syria Bashar al-Assad's regime that would allow
government forces to enter the Kurdish-controlled areas of
northeast Syria for the first time in years.
(11) On October 14, 2019, the European Union unanimously
announced that it would suspend weapons exports to Turkey in
condemnation of their military action in northeast Syria.
(12) On October 17, 2019, the United States Government
negotiated a temporary pause in fighting between the Government
of Turkey and Syrian Kurdish fighters.
(13) On October 22, 2019, the Government of the Russian
Federation and the Government of Turkey signed a 10-point
memorandum of understanding, mandating the withdrawal of Syrian
Kurdish fighters from areas targeted in Operation Peace Spring.
(14) In November 2019, the Turkish Armed Forces began
testing the S-400 air defense system that the Turkish Armed
Forces purchased from the Russian Federation.
(15) On November 25, 2019, the Department of Defense
announced that it had resumed operations against ISIS in Syria.
(16) As of December 2019, public reports indicated
skirmishes continue between Syrian Kurdish fighters and Turkish
forces and the Turkish Supported Opposition.
SEC. 103. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States and Turkey have been treaty allies
since 1952, when Turkey became a member of the North Atlantic
Treaty Organization (NATO);
(2) being a NATO member means that Turkey is treaty bound
to safeguard the principles of democracy, individual liberty,
and the rule of law, and importantly, should be united with
other NATO allies in efforts for collective defense and the
preservation of peace and security;
(3) since the Korean War, Turkish troops have fought
alongside the United States Armed Forces and have been key to
the Resolute Support mission in Afghanistan;
(4) the Government of Turkey's military invasion of
northeast Syria is an unacceptable and unnecessary escalation
of tensions with the potential to cause a severe humanitarian
crisis;
(5) the Government of Turkey's military offensive threatens
to undo the collective gains made in the fight against the
Islamic State of Iraq and Syria (ISIS) by the United States and
the 81 countries and organizations of the Global Coalition to
Defeat ISIS, including NATO and the European Union (EU);
(6) the Government of Turkey should immediately cease any
further attacks against the Syrian Democratic Forces (SDF),
Kurdish or Arab civilians, or other religious or ethnic
minorities in northeast Syria, and recall its forces back to
Turkey;
(7) targeted sanctions and other restrictive measures
against Turkey are appropriate to incentivize the Government of
Turkey to refrain from destabilizing activity in northeast
Syria and to reevaluate its decision to purchase the S-400 air
defense system from the Russian Federation;
(8) the Government of Turkey's military invasion into
northeast Syria is the latest example of the weakening and
problematic United States-Turkey bilateral relationship and
undermines the security of the United States and its NATO
allies, including that of Turkey;
(9) the SDF have been critical partners to United States-
led counter-ISIS and broader counterterrorism efforts in Syria,
and the United States should continue this partnership with the
SDF;
(10) the United States Government should utilize diplomatic
and military tools to ensure the enduring defeat of ISIS;
(11) the United States should stand by critical allies and
partners;
(12) the Government of Turkey's decision to purchase the S-
400 air defense system from the Government of the Russian
Federation, despite clear warnings from the United States about
that system's fundamental incompatibility with the United
States and NATO systems currently operating in Turkey,
threatens to undermine Turkey's relationship with the United
States and NATO;
(13) Russian and Iranian political and military influence
in Syria present a threat to United States national security
interests;
(14) the United States Government, in concert with the
international community, should hold accountable members of the
Syrian regime and the Governments of the Russian Federation and
Iran for atrocities against the Syrian people;
(15) the Government of Turkey should take steps to
significantly improve the dire climate for journalists and
those supporting the journalism profession, including--
(A) ending the targeting and imprisoning of
journalists and allowing for the press and independent
media to operate freely without fear of retribution
from their government; and
(B) releasing all journalists and media workers
imprisoned for fulfilling their professional
responsibilities;
(16) press freedom is a fundamental human right and should
be upheld and protected in Turkey and around the world;
(17) the Government of Turkey should release all
individuals detained on politically motivated charges,
including staff locally employed by the United States
diplomatic missions;
(18) the Government of Turkey should halt its
indiscriminate detention and prosecution of lawyers, judges,
prosecutors, and court officials, and its targeting of lawyers'
associations;
(19) the Government of Turkey should ensure that lawyers
can visit detainees in police custody, and remind police and
prosecutors of the protected role of lawyers under the
International Covenant on Civil and Political Rights, done at
New York December 19, 1966; and
(20) the Government of Turkey should end the practice of
prosecuting lawyers based on whom they have represented as
clients.
SEC. 104. STRATEGY TO PREVENT THE RESURGENCE OF THE ISLAMIC STATE OF
IRAQ AND SYRIA (ISIS) AND ITS AFFILIATES.
(a) Strategy Required.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the Secretary of Defense, the Administrator of the United States Agency
for International Development, and the heads of other appropriate
Federal agencies, shall jointly develop and submit to the appropriate
congressional committees a strategy to prevent the resurgence of ISIS
and its affiliates in Iraq and Syria.
(b) Elements of the Strategy.--The strategy required under
subsection (a) shall include the following elements:
(1) A summary of the United States national security
interests in Iraq and Syria and the impact a resurgence of ISIS
would have on those interests.
(2) A comprehensive assessment of current training and
support programs by agency or department, specifically focused
on countering ISIS and other terrorist organizations, including
non-lethal assistance, training, and organizational capacity
for the SDF, the Iraqi Security Forces, the Kurdish Peshmerga,
and others to counter gains by ISIS and its affiliates.
(3) A detailed description of United States Government
efforts to support, develop, and expand local governance
structures in areas in Syria previously liberated from ISIS
control.
(4) An estimate of the number of current, active ISIS
members in Iraq and Syria, including an assessment of those
being held in detainee camps or prisons.
(5) A comprehensive plan to address ISIS detainees
currently being held in Syria and Iraq, including--
(A) the designation of an existing official within
the executive branch or the Department of State to
serve as a senior-level coordinator to coordinate, in
conjunction with the lead and other relevant agencies,
all matters for the United States Government relating
to the long-term disposition of ISIS fighter detainees,
including all matters in connection with--
(i) repatriation, transfer, prosecution,
and intelligence-gathering;
(ii) coordinating a whole-of-government
approach with other countries and international
organizations, including INTERPOL, to ensure
secure chains of custody and locations of ISIS
foreign terrorist fighter detainees;
(iii) coordinating technical and
evidentiary assistance to foreign countries to
aid in the successful prosecution of ISIS
foreign terrorist fighter detainees;
(iv) all multilateral and international
engagements led by the Department of State and
other agencies that are related to the current
and future handling, detention, and prosecution
of ISIS foreign terrorist fighter detainees;
and
(v) communicating developments related to
an ISIS detainee suspected of committing a
criminal act against a United States citizen to
the family of that citizen;
(B) engagement with international partners on
legal, tenable mechanisms for repatriating foreign
fighters; and
(C) a plan for how funds in Acts making
appropriations will support disarmament,
demobilization, disengagement, deradicalization, and
reintegration of current and former members and
affiliates of ISIS and their family members.
(6) A description, which may be in classified form, of ISIS
senior leadership and infrastructure and efforts to target
leadership figures.
(7) A comprehensive description of the activities of the
United States Government, utilizing social media and other
communication technologies, to counter ISIS's propaganda and
influence and its ability to use such technologies to recruit
fighters domestically and internationally, including through
private technology companies, and a description of how such
activities are being coordinated across the United States
Government.
(8) A description of the steps taken by the United States
Government, including through the use of economic sanctions to
deny financial resources to ISIS and its affiliates, in
conjunction with international partners and financial
institutions.
(9) A description of United States Government efforts to
support credible war crimes prosecutions against ISIS fighters.
(10) A plan to ensure the delivery of humanitarian
assistance.
SEC. 105. BRIEFINGS ON TURKISH INCURSION INTO NORTHEAST SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Russian Federation and Iran continue to exploit a
security vacuum in Syria and continue to pose a threat to vital
United States national security interests; and
(2) continued Turkish military activity in northeast Syria
negatively impacts the national security interests of the
United States.
(b) Briefings Required.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, and every 15 days thereafter, the
Secretary of State, in coordination with the Secretary of
Defense and the Administrator of the United States Agency for
International Development, and in consultation with the heads
of other appropriate Federal agencies, shall jointly brief the
appropriate congressional committees on the October 2019
Turkish incursion into Syria, including the impact of the
withdrawal of United States troops from northeast Syria.
(2) Elements of the briefing.--The briefing required under
paragraph (1) shall include the following elements:
(A) A description of the impact of the incursion on
the ability of ISIS to reconstitute a physical
caliphate.
(B) A description of the impact of the incursion on
the Russian Federation's military and political
influence in Syria.
(C) A description of the impact of the incursion on
Iran's ability to increase its military and political
influence in Syria.
(D) A comprehensive assessment of the United States
Government's activities to counter Iranian and Russian
influence in Syria.
(E) An outline of any planned joint actions by the
Department of State and the Department of Defense, in
consultation with the heads of other appropriate
Federal agencies, regarding any and all stabilization
funds or activities for Syria and an explanation of how
such funds and activities can contribute to
stabilization in the current environment.
(F) The creation and use by the Government of
Turkey of ``safe zones'' to justify the involuntary or
uninformed return of Syrian refugees from Turkey to
Syrian territory or to justify the forced displacement
of Syrians inside Syria or to prevent Syrians from
seeking international protections.
(G) The role of the Government of Turkey and
Turkish-backed forces in facilitating humanitarian
actors, including the cross-border work of
international nongovernmental organizations (INGOs),
and in ensuring efficient, open supply lines for
humanitarian assistance and personnel through border
crossing points on the Turkey-Syria and Iraq-Syria
borders and facilitating safe passage of humanitarian
assistance inside Syria based on need.
(H) The impact of actions of the Government of
Turkey and the Turkish Supported Opposition on the
operation of camps in Syria for displaced people, in
particular women and children, and the impact of such
actions on whether residents of such camps are treated
as civilian victims of conflict in accordance with
international law and standards.
(I) The actions of the Government of Turkey and
Turkish-backed forces in taking effective measures to
protect civilians and civilian infrastructure,
including health facilities, water-pumping stations,
and restricting use of explosive weapons in populated
areas.
SEC. 106. HUMANITARIAN ASSISTANCE TO THE PEOPLE OF SYRIA.
(a) Sense of Congress.--It is the sense of Congress that all
parties to the conflict in Syria should uphold international
humanitarian principles by facilitating and expanding humanitarian
access across Syria and supporting the rapid, safe, and unhindered
delivery of humanitarian assistance to those in greatest need.
(b) Authorization.--The President is authorized to provide
assistance authorized to be appropriated or otherwise made available to
carry out the purposes of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), section 202 of the Food for Peace Act (7 U.S.C. 1722),
and subsections (a) through (c) of section 2 of the Migration and
Refugee Assistance Act of 1962 (22 U.S.C. 2601) to meet the urgent
humanitarian needs of Syrian refugees and displaced persons, as well as
communities hosting significant numbers of Syrian refugees and
displaced persons, in accordance with established international
humanitarian principles.
SEC. 107. REPORT ON ACCOUNTABILITY FOR VIOLATIONS OF INTERNATIONAL LAW,
INCLUDING WAR CRIMES, AND OTHER HARM TO CIVILIANS IN
SYRIA DURING THE TURKISH INCURSION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Turkish and pro-Turkish forces should end all practices
involving arbitrary arrests, enforced disappearances, torture,
arbitrary executions, and other unlawful treatment; and
(2) all parties in the Turkish incursion should reveal the
fate or the location of all persons who have been subjected to
enforced disappearance.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall review
evidence of these crimes committed by groups equipped and
supported by Turkey, as authorized by the Syrian war crimes
provision in section 1232 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019, and submit to
the appropriate congressional committees a report that
describes the causes and consequences of civilian harm
occurring during the Turkish incursion into northeast Syria,
including violations of the law of armed conflict, and gross
violations of human rights as a result of the actions of all
parties to the conflict.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of civilian harm occurring in the
context of the Turkish incursion, including--
(i) mass casualty incidents; and
(ii) damage to, and destruction of,
civilian infrastructure and services,
including--
(I) hospitals and other medical
facilities;
(II) electrical grids;
(III) water systems; and
(IV) other critical infrastructure.
(B) A description of violations of the law of armed
conflict committed during the Turkish incursion into
northeast Syria by Turkish or pro-Turkish forces,
including--
(i) alleged war crimes, including the
alleged use of chemical weapons against
civilian targets;
(ii) specific instances of failure by the
parties to the conflict to exercise
distinction, proportionality, and precaution in
the use of force in accordance with the law of
armed conflict;
(iii) arbitrary denials of humanitarian
access and the resulting impact on the
alleviation of human suffering;
(iv) extra-judicial executions and
detention-related abuses; and
(v) other acts that may constitute
violations of the law of armed conflict.
(C) Recommendations for establishing accountability
mechanisms for civilian harm, war crimes, other
violations of the law of armed conflict, and gross
violations of human rights perpetrated by Turkish and
pro-Turkish forces in northeast Syria, including the
potential for prosecuting individuals perpetrating,
organizing, directing, or ordering such violations.
SEC. 108. STATEMENT OF POLICY ON DENOUNCING TARGETING OF KURDISH
COMMUNITY AT THE UNITED NATIONS.
It is the policy of the United States to use the voice and vote of
the United States at the United Nations--
(1) to denounce the targeting of the Kurdish community in
northeast Syria; and
(2) to oppose activities of the Government of Turkey
targeting the Kurdish community in Syria.
SEC. 109. PARTICIPATION OF TURKEY IN NATO.
(a) Findings.--Congress makes the following findings:
(1) Article 1 of the North Atlantic Treaty, signed at
Washington April 4, 1949, states, ``The Parties undertake, as
set forth in the Charter of the United Nations, to settle any
international dispute in which they may be involved by peaceful
means in such a manner that international peace and security
and justice are not endangered, and to refrain in their
international relations from the threat or use of force in any
manner inconsistent with the purposes of the United Nations.''
(2) Turkey has invaded northeast Syria with the intention
of targeting the Kurdish minority in the country, in a manner
inconsistent with Article 1 of the North Atlantic Treaty.
(b) Department of State Report on Participation of Turkey in
NATO.--Not later than 90 days after the date of the enactment of this
Act, the Secretary of State shall submit to the appropriate
congressional committees a report that includes the following elements:
(1) An assessment of the historical contributions made by
Turkey to the NATO alliance since it became a member in 1952 .
(2) An assessment of the impact of Turkey's October 2019
incursion into northeast Syria on the national security of its
NATO allies.
(3) An assessment of Turkey's role in the alliance and the
future prospects for Turkey to fully embrace and implement all
14 articles of the North Atlantic Treaty.
SEC. 110. REPORT ON NET WORTH OF PRESIDENT RECEP TAYYIP ERDOGAN.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a report on the
estimated net worth and known sources of income of Turkish President
Recep Tayyip Erdogan and his family members (including spouse,
children, parents, and siblings), including assets, investments, other
business interests, and relevant beneficial ownership information.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 111. SENSE OF CONGRESS ON GENEVA CONVENTION PROHIBITION AGAINST
PILLAGE.
It is the sense of Congress that the United States will uphold its
commitment to the prohibition against pillage as referenced in Article
33 of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12, 1949 (commonly
referred to as the Fourth Geneva Convention), particularly regarding
oil.
TITLE II--ASSISTING VULNERABLE KURDISH PARTNERS
SEC. 201. FINDINGS.
Congress makes the following findings:
(1) As of November 14, 2019, according to the United
Nations Office for the Coordination of Humanitarian Affairs,
more than 190,000 Syrian Kurdish civilians are internally
displaced and more than 400,000 civilians in the Syrian
conflict zone will have significant humanitarian needs in
Kurdish-controlled areas of northeastern Syria as a result of
ongoing Turkish operations against Syrian Democratic Forces.
(2) Members of the Syrian Democratic Forces have fought on
the front lines against the Islamic State, in partnership and
with the close support of the United States and its allies and
partners.
SEC. 202. UNITED STATES REFUGEE PROGRAM PRIORITIES.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall designate, as Priority 2 refugees
of special humanitarian concern--
(1) Syrian Kurds and other Syrians who were or are employed
by the United States Government in Syria in support of the
United States military or humanitarian mission in Syria, as
determined by the Secretary of State, for an aggregate period
of at least 1 year beginning on or after January 1, 2014;
(2) Syrian Kurds and other Syrians who establish, to the
satisfaction of the Secretary of State, that they are or were
employed in Syria for an aggregate period of at least 1 year
beginning on or after January 1, 2014, by--
(A) a media or nongovernmental organization
headquartered in the United States; or
(B) an organization or entity that--
(i) is closely associated with the United
States military or humanitarian mission in
Syria, as determined by the Secretary of State;
and
(ii) has received a grant from, or entered
into a cooperative agreement or contract with,
the United States Government;
(3) the spouses, children, and parents of aliens described
in paragraph (1); and
(4) Syrian Kurds and other Syrians who--
(A) have been identified by the Secretary of State
as a persecuted group; and
(B) have close family members (as described in
section 201(b)(2)(A)(i) or 203(a) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) and
1153(a)) in the United States.
(b) Eligibility for Admission as a Refugee.--An alien may not be
denied the opportunity to apply for admission as a refugee under this
section solely because such alien qualifies as an immediate relative of
a national of the United States or is eligible for admission to the
United States under any other immigrant classification.
(c) Membership in Certain Syrian Organizations.--An applicant for
admission to the United States may not be deemed inadmissible based on
membership in, or support provided to, the Syrian Democratic Forces.
(d) Identification of Other Persecuted Groups.--The Secretary of
State is authorized to classify other groups of Syrians, including
vulnerable populations, as Priority 2 refugees of special humanitarian
concern.
SEC. 203. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYRIAN KURDS AND OTHER
SYRIANS WHO WORKED FOR THE UNITED STATES GOVERNMENT IN
SYRIA.
(a) In General.--Subject to subsection (d)(1), for purposes of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary
of Homeland Security may provide any alien described in subsection (b)
with the status of a special immigrant under section 101(a)(27) of such
Act (8 U.S.C. 1101(a)(27)) if--
(1) the alien, or an agent acting on behalf of the alien,
submits a petition to the Secretary under section 204 of such
Act (8 U.S.C. 1154) for classification under section 203(b)(4)
of such Act (8 U.S.C. 1153(b)(4));
(2) the alien is otherwise eligible to receive an immigrant
visa;
(3) the alien is otherwise admissible to the United States
for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4))); and
(4) clears a background check and appropriate screening, as
determined by the Secretary of Homeland Security.
(b) Aliens Described.--An alien described in this subsection--
(1)(A) is a national of Syria or a stateless Kurd
habitually residing in Syria;
(B) was or is employed by, or on behalf of, the United
States Government in a role that was vital to the success of
the United States' Counter ISIS mission in Syria, as determined
by the Secretary of State, in consultation with the Secretary
of Defense, for a period of at least 1 year beginning on
January 1, 2014;
(C) obtained a favorable written recommendation from the
employee's senior supervisor (or the person currently occupying
that position) or a more senior person, if the employee's
senior supervisor has left the employer or has left Syria, in
the entity that was supported by the alien;
(D) cleared a background check and screening before
submitting a petition under subsection (a)(1), pursuant to the
requirements set forth in subsection (c)(3); and
(E) has experienced or is experiencing an ongoing serious
threat as a consequence of the alien's employment by the United
States Government; or
(2)(A) is the spouse or a child of a principal alien
described in paragraph (1); and
(B) is following or accompanying to join the principal
alien in the United States.
(c) Evaluation of Petitions.--
(1) Designation of officer.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State
shall designate a senior foreign service officer to provide an
evaluation of potential applicants before approving a petition
under this section.
(2) Guidelines.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall publish
guidelines for evaluating petitions under this section.
(3) Approval process.--
(A) In general.--Except as provided in subparagraph
(B), a petition may not be approved under this section
unless the recommendation described in paragraph (1)(C)
is approved by the designee referred to in paragraph
(1), after conducting a risk assessment of the alien
petitioner and an independent review of relevant
records maintained by the United States Government or
hiring organization or entity to confirm that the alien
was employed by, and provided faithful service to, the
United States Government.
(B) Notification and appeal.--An applicant whose
application has been denied under subparagraph (A)--
(i) shall receive a written decision that
provides, to the maximum extent feasible,
information describing the basis for the
denial, including the facts and inferences
underlying the individual determination; and
(ii) shall be provided an opportunity for
not more than 1 written appeal, which--
(I) shall be submitted not more
than 120 days after the date on which
the applicant receives such written
decision;
(II) may request the reopening of
such denial; and
(III) shall provide additional
information, clarify existing
information, or explain any unfavorable
information.
(4) Evidence of serious threat.--In making a determination
under subsection (b)(1)(E), a credible sworn statement
depicting dangerous country conditions and official evidence of
such country conditions from the United States Government shall
be considered as a factor in determining whether an alien
petitioner has experienced or is experiencing an ongoing
serious threat as a consequence of the alien's employment by
the United States Government.
(d) Numerical Limitations.--
(1) In general.--Except as otherwise provided under this
subsection, the total number of principal aliens who may be
provided special immigrant status under this section may not
exceed 400 in any fiscal year beginning on or after the date of
the enactment of this Act.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be
counted against any numerical limitation under section 201(d),
202(a), or 203(b)(4) of the Immigration and Nationality Act (8
U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3) Carry forward.--If the numerical limitation set forth
in paragraph (1) is not reached during a fiscal year, the
numerical limitation under such paragraph for the following
fiscal year shall be increased by a number equal to the
difference between--
(A) the number of visas authorized under paragraph
(1) for such fiscal year; and
(B) the number of principal aliens provided special
immigrant status under this section during such fiscal
year.
(e) Visa and Passport Issuance and Fees.--An alien described in
subsection (b) may not be charged any fee in connection with an
application for, or the issuance of, a special immigrant visa under
this section.
(f) Protection of Aliens.--The Secretary of State, in consultation
with the heads of other appropriate Federal agencies, shall make a
reasonable effort to provide protection to each alien described in
subsection (b) who is seeking special immigrant status under this
section or to immediately remove such alien from Syria, if possible, if
the Secretary determines, after consultation, that such alien is in
imminent danger.
(g) Security.--An alien is not eligible for admission as a special
immigrant under this section if the alien is otherwise inadmissible to
the United States under section 212(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)).
(h) Application Process.--
(1) Representation.--An alien applying for admission to the
United States as a special immigrant under this section may be
represented during the application process, including at
relevant interviews and examinations, by an attorney or other
accredited representative. Such representation shall not be at
the expense of the United States Government.
(2) Completion.--The Secretary of State and the Secretary
of Homeland Security, in consultation with the Secretary of
Defense, shall ensure that applications for special immigrant
visas under this section are processed in such a manner to
ensure that all steps under the control of the respective
departments incidental to the issuance of such visas, including
required screenings and background checks, are completed not
later than 9 months after the date on which an eligible alien
submits all required materials to apply for such visa.
(3) Rule of construction.--Notwithstanding paragraph (2),
any Secretary referred to in such paragraph may take longer
than 9 months to complete the steps incidental to issuing a
visa under this section if the Secretary--
(A) determines that the satisfaction of national
security concerns requires additional time; and
(B) notifies the applicant of such determination.
(i) Eligibility for Other Immigrant Classification.--An alien may
not be denied the opportunity to apply for admission under this section
solely because such alien--
(1) qualifies as an immediate relative of a national of the
United States; or
(2) is eligible for admission to the United States under
any other immigrant classification.
(j) Resettlement Support.--An alien who is granted special
immigrant status under this section shall be eligible for the same
resettlement assistance, entitlement programs, and other benefits as
are available to refugees admitted under section 207 of the Immigration
and Naturalization Act (8 U.S.C. 1157).
(k) Authority to Carry Out Administrative Measures.--The Secretary
of Homeland Security, the Secretary of State, and the Secretary of
Defense shall implement any additional administrative measures they
consider necessary and appropriate--
(1) to ensure the prompt processing of applications under
this section;
(2) to preserve the integrity of the program established
under this section; and
(3) to protect the national security interests of the
United States related to such program.
(l) Savings Provision.--Nothing in this section may be construed to
affect the authority of the Secretary of Homeland Security under
section 1059 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 8 U.S.C. 1101 note).
SEC. 204. PROCESSING MECHANISMS.
The Secretary of State shall use existing refugee processing
mechanisms in Iraq and in other countries in the region, as
appropriate, through which--
(1) aliens described in section 202(a) may apply and
interview for admission to the United States as refugees; and
(2) aliens described in section 203(b) may apply and
interview for admission to the United States as special
immigrants.
TITLE III--SANCTIONS AND OTHER RESTRICTIVE MEASURES
SEC. 301. DEFINITIONS.
In this title:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
regulations prescribed by the Secretary of the Treasury.
(5) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(6) 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.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
Subtitle A--Measures to Deter Turkish Malign Activities in Syria
SEC. 311. EFFECTIVE DATE; TERMINATION.
(a) Requirement for Finding.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of State, the Secretary of Defense, and the Director
of National Intelligence, shall jointly submit to the
appropriate congressional committees the finding and
certification described in paragraph (2).
(2) Finding and certification described.--The finding and
certification described in this paragraph is a finding and
certification that the Government of Turkey is not--
(A) engaged in or knowingly supporting offensive
operations against the Syrian Democratic Forces,
Kurdish or Arab civilians, or other religious or ethnic
minority communities in northeast Syria;
(B) committing, directing, or knowingly
facilitating the commission of serious violations of
internationally recognized human rights in northeast
Syria;
(C) hindering counterterrorism operations against
ISIS and its affiliates; and
(D) engaged in the forcible repatriation of Syrian
refugees from Turkey to Syria.
(b) Effective Date.--The requirements of this subtitle shall take
effect on the first date on which the Secretary of State, the Secretary
of Defense, and the Director of National Intelligence are unable or
otherwise fail to submit jointly the finding and certification
described in paragraph (2) of subsection (a) as required by paragraph
(1) of that subsection.
(c) Termination.--The requirements of this subtitle shall terminate
if, after the effective date described in subsection (b), the Secretary
of State, the Secretary of Defense, and the Director of National
Intelligence jointly submit to the appropriate congressional committees
the finding and certification described in subsection (a)(2).
SEC. 312. RESTRICTION ON ARMS SALES TO TURKEY.
(a) Prohibition on Arms Transfers to Turkey.--
(1) In general.--On and after the effective date described
in section 311(b), no United States defense articles, services,
or technology may be transferred under the Arms Export Control
Act (22 U.S.C. 2751 et seq.) or any other provision of law to
Turkey if such articles, services, or technology are likely to
be used in operations by the Turkish Armed Forces in Syria.
(2) Exception.--The prohibition under paragraph (1) does
not apply to transfers for ultimate end use by the United
States Armed Forces or in military operations approved by NATO,
or for verified incorporation into defense articles for re-
exports to other countries.
(b) Limitation on Licenses to Transfer Defense Articles or Defense
Services to Turkey.--
(1) In general.--Notwithstanding section 3 or 36 of the
Arms Export Control Act (22 U.S.C. 2753 and 2776) or any other
provision of law, the President may not, on and after the
effective date described in section 311(b), issue a license to
export, or letter of offer or consent for the transfer of
defense articles or defense services to Turkey unless--
(A) the President notifies Congress of the
President's intention to issue the license or letter of
offer or consent;
(B) a period of not less than 30 days elapses after
Congress receives that notification; and
(C) during the period described in subparagraph
(B), a joint resolution disapproving the issuance of
the license or letter of offer or consent is not
enacted in accordance with paragraph (2).
(2) Consideration of joint resolutions.--
(A) Senate.--A joint resolution under paragraph (1)
shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976
(Public Law 94-329; 90 Stat. 765).
(B) House of representatives.--For the purpose of
expediting the consideration and enactment of a joint
resolution under paragraph (1), a motion to proceed to
the consideration of any such joint resolution after it
has been reported by the appropriate committee shall be
treated as highly privileged in the House of
Representatives.
(3) Exception.--The limitation under paragraph (1) does not
apply to licenses required for transfers described in
subsection (a)(2). The Secretary of State shall provide to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a monthly
report summarizing each license approved under this exemption.
SEC. 313. OPPOSITION TO LOANS FROM INTERNATIONAL FINANCIAL INSTITUTIONS
THAT BENEFIT THE GOVERNMENT OF TURKEY.
(a) In General.--The President shall direct the United States
executive director to each international financial institution to use
the voice and vote of the United States to oppose any loan from the
international financial institution that would benefit the Government
of Turkey on and after the effective date described in section 311(b).
(b) International Financial Institution Defined.--In this section,
the term ``international financial institution'' has the meaning given
that term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
(c) Exception for Humanitarian Purposes.--The restrictions under
subsection (a) shall not apply with respect to loans or financial or
technical assistance provided for basic human needs.
(d) Waiver for Energy Diversification Projects.--The Secretary of
the Treasury may waive, on a case-by-case basis, the application of the
restrictions under subsection (a) only if , not later than 15 days
after issuing the waiver, the Secretary submits to the appropriate
congressional committees a written determination that the waiver will
be used to support a project to diversify energy resources in Turkey
and to lessen the dependence of Turkey on oil or gas from the Russian
Federation or Iran, or to support a project to diversify energy
resources in Europe and to lessen the dependence of Europe on oil or
gas from the Russian Federation or Iran.
SEC. 314. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE
GOVERNMENT OF TURKEY RELATING TO OPERATIONS IN SYRIA.
(a) Certain Senior Officials.--On and after the effective date
described in section 311(b), each of the following officials shall be
subject to the same sanctions as a person included on the list of
specially designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the Treasury:
(1) The Minister of National Defense of Turkey.
(2) The Chief of the General Staff of the Turkish Armed
Forces.
(3) The Commander of the 2nd Army of the Turkish Armed
Forces.
(4) The Minister of Treasury and Finance of Turkey.
(b) Additional Officials.--
(1) List required.--Not later than 30 days after the
effective date described in section 311(b), and every 60 days
thereafter, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence,
shall submit to the appropriate congressional committees a list
of individuals that the Secretary of State, in consultation
with the Secretary of Defense and the Director of National
Intelligence, determines are--
(A) senior officials of the Turkish Armed Forces
leading offensive operations against the Syrian
Democratic Forces, Kurdish or Arab civilians, or other
religious or ethnic minority communities in northeast
Syria; and
(B) officials of the Government of Turkey
significantly facilitating such operations.
(2) Imposition of sanctions.--On and after the date that is
15 days after the submission of the most recent list required
by paragraph (1), the President shall impose the following
sanctions with respect to each foreign person identified on the
list:
(A) Property blocking.--The President shall
exercise all of the powers granted by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
(except that the requirements of section 202 of such
Act (50 U.S.C. 1701) shall not apply) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of a foreign person
if such property and interests in property are in the
United States, come within the United States, or are or
come within the possession or control of a United
States person.
(B) Aliens inadmissible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The visa or other
entry documentation of an alien shall
be revoked, regardless of when such
visa or other entry documentation is or
was issued.
(II) Immediate effect.--A
revocation under subclause (I) shall--
(aa) take effect
immediately; and
(bb) automatically cancel
any other valid visa or entry
documentation that is in the
alien's possession.
SEC. 315. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS
PROVIDING ARMS TO TURKISH FORCES IN SYRIA.
(a) List Required.--Not later than 90 days after the effective date
described in section 311(b), and every 120 days thereafter and as new
information becomes available, the Secretary of State, in consultation
with the Secretary of Defense and the Director of National
Intelligence, shall submit to the appropriate congressional committees
a list of any foreign persons the Secretary of State, in consultation
with the Secretary of Defense and the Director of National
Intelligence, determines to have knowingly provided, on or after such
effective date, significant defense articles, services, or technology
to Turkey likely to be used in operations by the Turkish Armed Forces
in Syria.
(b) Imposition of Sanctions.--On and after the date on which the
first list required by subsection (a) is submitted, the President shall
impose 3 or more of the sanctions described in subsection (c) with
respect to each foreign person identified on the list.
(c) Sanctions Described.--The sanctions that may be imposed with
respect to a foreign person under subsection (b) are the following:
(1) Export-import bank assistance.--The President may
direct the Export-Import Bank of the United States not to give
approval to the issuance of any guarantee, insurance, extension
of credit, or participation in the extension of credit in
connection with the export of any goods or services to the
foreign person.
(2) Export sanction.--The President may order the United
States Government not to issue any specific license and not to
grant any other specific permission or authority to export any
goods or technology to the foreign person under--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(B) the Arms Export Control Act (22 U.S.C. 2751 et
seq.);
(C) the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.); or
(D) any other statute that requires the prior
review and approval of the United States Government as
a condition for the export or reexport of goods or
services.
(3) Loans from united states financial institutions.--The
President may prohibit any United States financial institution
from making loans or providing credits to the foreign person
totaling more than $10,000,000 in any 12-month period unless
the person is engaged in activities to relieve human suffering
and the loans or credits are provided for such activities.
(4) Loans from international financial institutions.--The
President may direct the United States executive director to
each international financial institution to use the voice and
vote of the United States to oppose any loan from the
international financial institution that would benefit the
foreign person.
(5) Prohibitions on financial institutions.--The following
prohibitions may be imposed against the person if that person
is a financial institution:
(A) Prohibition on designation as primary dealer.--
Neither the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York may
designate, or permit the continuation of any prior
designation of, the financial institution as a primary
dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--The financial institution may not
serve as agent of the United States Government or serve
as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as one sanction for purposes of subsection
(b), and the imposition of both such sanctions shall be treated
as two sanctions for purposes of subsection (b).
(6) Procurement sanction.--The United States Government may
not procure, or enter into any contract for the procurement of,
any goods or services from the foreign person.
(7) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the person has
any interest.
(8) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the foreign
person.
(9) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, transporting, importing, or
exporting any property that is subject to the
jurisdiction of the United States and with respect to
which the foreign person has any interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(10) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of the foreign person.
(11) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, the foreign person.
(12) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the sanctioned person, or on persons performing
similar functions and with similar authorities as such officer
or officers, any of the sanctions under this subsection.
(d) Exception.--Sanctions imposed under this section shall not
apply to transfers of defense articles, services, or technology for
ultimate end use by the United States Armed Forces or in military
operations approved by NATO or for verified incorporation into defense
articles for re-export to other countries.
SEC. 316. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT FACILITATE TRANSACTIONS FOR TURKISH
ARMED FORCES.
(a) Halk Bankasi or Halkbank.--
(1) In general.--On and after the effective date described
in section 311(b), the President shall impose 3 or more of the
sanctions described in subsection (c) with respect to--
(A) Halk Bankasi;
(B) Halkbank; and
(C) any successor entity to an entity specified in
subparagraph (A) or (B).
(2) Failure to impose sanctions on halk bankasi or
halkbank.--If, as of the date that is 90 days after the
effective date described in section 311(b), the President has
not imposed 3 or more of the sanctions described in subsection
(c) with respect to a financial institution described in
paragraph (1), that institution shall be subject to the same
sanctions as a person included on the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury.
(b) Additional Foreign Financial Institutions.--
(1) In general.--If the President determines, on and after
the effective date described in section 311(b), that any
foreign financial institution (other than a financial
institution specified in subsection (a)(1)), has knowingly
facilitated a significant transaction for the Turkish Armed
Forces for the purpose of supporting the military operations of
Turkey in Syria, the President shall, not later than 60 days
after that determination, impose 3 or more of the sanctions
described in subsection (c) with respect to that foreign
financial institution.
(2) Regulations required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the
Treasury shall prescribe regulations to implement paragraph
(1).
(c) Sanctions Described.--The sanctions that may be imposed under
subsection (a) or (b) with respect to a foreign financial institution
are the following:
(1) Export-import bank assistance for exports.--The
President may direct the Export-Import Bank of the United
States not to give approval to the issuance of any guarantee,
insurance, extension of credit, or participation in the
extension of credit in connection with the export of any goods
or services to the foreign financial institution.
(2) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits to
the foreign financial institution totaling more than
$10,000,000 in any 12-month period unless the foreign financial
institution is engaged in activities to relieve human suffering
and the loans or credits are provided for such activities.
(3) Loans from international financial institutions.--The
President may direct the United States executive director to
each international financial institution to use the voice and
vote of the United States to oppose any loan from the
international financial institution that would benefit the
foreign financial institution.
(4) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the foreign financial
institution as a primary dealer in United States Government
debt instruments.
(5) Prohibition on service as a repository of government
funds.--The foreign financial institution may not serve as an
agent of the United States Government or serve as a repository
for United States Government funds.
(6) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
financial institution has any interest.
(7) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the foreign
financial institution.
(8) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, transporting, importing, or
exporting any property that is subject to the
jurisdiction of the United States and with respect to
which the foreign financial institution has any
interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(9) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of the foreign financial
institution.
(10) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, the foreign financial institution.
(11) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign financial institution, or on persons
performing similar functions and with similar authorities as
such officer or officers, any of the sanctions under this
subsection.
Subtitle B--Other Sanctions and Restrictive Measures
SEC. 321. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE
GOVERNMENT OF TURKEY INVOLVED IN HUMAN RIGHTS ABUSES.
(a) In General.--On and after the date that is 90 days after the
date of the enactment of this Act, and every 120 days thereafter, the
President shall impose the sanctions described in subsection (b) with
respect to any official of the Government of Turkey or member of the
Turkish Armed Forces that the President determines is responsible for
serious abuses of internationally recognized human rights relating to
Turkey's invasion of northeast Syria.
(b) Sanctions Described.--The sanctions to be imposed with respect
to an official described in subsection (a) are the following:
(1) Property blocking.--The President shall exercise all of
the powers granted by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (except that the
requirements of section 202 of such Act (50 U.S.C. 1701) shall
not apply) to the extent necessary to block and prohibit all
transactions in all property and interests in property of a
foreign person if such property and interests in property are
in the United States, come within the United States, or are or
come within the possession or control of a United States
person.
(2) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of an alien shall be revoked,
regardless of when such visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
SEC. 322. IMPOSITION OF CAATSA SECTION 231 SANCTIONS AGAINST TURKEY.
(a) Treatment of Purchase of S-400 Air and Missile Defense System
as Sanctionable Transaction.--For the purposes of section 231 of the
Countering America's Adversaries Through Sanctions Act (22 U.S.C.
9525), Turkey's acquisition of the S-400 air defense system from the
Russian Federation beginning July 12, 2019, shall be considered to be a
significant transaction described in that section.
(b) Imposition of Sanctions.--Not later than 30 days after the date
of the enactment of this Act, the President shall, in accordance with
section 231 of the Countering America's Adversaries Through Sanctions
Act (22 U.S.C. 9525), impose 5 or more of the sanctions described in
section 235 of that Act (22 U.S.C. 9529) with respect to each person
that knowingly engaged in the acquisition of the S-400 air defense
system from the Russian Federation.
SEC. 323. PROHIBITION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY.
(a) In General.--Except as provided under subsections (b) and (c),
no funds may be obligated or expended--
(1) to transfer, facilitate the transfer, or authorize the
transfer of an F-35 aircraft to Turkey;
(2) to transfer intellectual property or technical data
necessary for or related to any maintenance or support of F-35
aircraft in Turkey; or
(3) to construct a storage facility for, or otherwise
facilitate the storage in Turkey of, an F-35 aircraft
transferred to Turkey.
(b) Waiver.--The President may waive the limitation under
subsection (a) upon a written certification to Congress that--
(1) the Government of Turkey no longer operates, possesses,
exercises effective control over, or is pursuing any activity
to reacquire the S-400 air defense system or a successor
system; and
(2) no S-400 air defense system or successor system is
operated or maintained by Russian nationals, or persons acting
on behalf of the Russian Federation, inside Turkey.
(c) Exception.--The limitation under subsection (a) does not apply
to F-35 aircraft operated by the United States Armed Forces or other
international consortium members other than Turkey.
(d) Transfer Defined.--In this section, the term ``transfer''
includes the physical relocation outside of the continental United
States.
SEC. 324. LIMITATIONS ON FUTURE TRANSFER OF F-35 AIRCRAFT TO TURKEY.
Notwithstanding any other provision of law (other than section
323), any sale or transfer on or after the date of the enactment of
this Act of F-35 aircraft to Turkey shall be subject to the
requirements of section 36 of the Arms Export Control Act (22 U.S.C.
2776).
SEC. 325. PROHIBITION ON EXPORT OR TRANSFER TO TURKEY OF F-16 AIRCRAFT
AND RELATED TRAINING, SPARE PARTS, AND OTHER SUPPORT.
The President may not issue a license to export, consent to the
transfer of, or approve a letter of offer for F-16 aircraft or
logistics, training, provision of spare parts or components, or other
support for F-16 aircraft to the Government of Turkey, and no United
States defense articles or services may be provided for such purposes,
until 15 days after the President certifies in writing to Congress
that--
(1) the Government of Turkey no longer operates, possesses,
exercises effective control over, or is pursuing any activity
to reacquire the S-400 air defense system or a successor
system; and
(2) no S-400 air defense system or successor system is
operated or maintained by Russian nationals, or persons acting
on behalf of the Russian Federation, inside Turkey.
SEC. 326. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT BY THE
RUSSIAN FEDERATION FOR THE ASSAD REGIME.
(a) List Required.--Not later than 90 days after the date of the
enactment of this Act, and every 120 days thereafter, the Secretary of
State, in consultation with the Secretary of Defense and the Director
of National Intelligence, shall submit to the appropriate congressional
committees a list of each Russian person that the Secretary of State,
in consultation with the Secretary of Defense and the Director of
National Intelligence, determines, on or after such date of enactment,
knowingly exports, transfers, or otherwise provides to Syria
significant financial, material, or technological support that
contributes materially to the ability of the Government of Syria to
acquire defense articles, defense services, and related information.
(b) Sanctions.--A Russian person identified on the list required by
subsection (a) shall be subject to the same sanctions as a person
included on the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of the
Department of the Treasury.
(c) Waiver.--
(1) In general.--The President may, on a case-by-case basis
and for renewable periods of not to exceed 60 days, waive the
application of this section with respect to a Russian person if
the President determines and certifies to the appropriate
congressional committees that such a waiver is in the vital
national security interests of the United States.
(2) Certification.--The certification referenced in
paragraph (1) shall include a detailed explanation of the
specific factors upon which the determination was made that a
waiver is in the vital national security interests of the
United States.
(3) Briefing.--Not later than 10 days after the issuance of
a waiver under paragraph (1), and every 90 days thereafter
while the waiver remains in effect, the President shall brief
the appropriate congressional committees on the justification
for the waiver.
(d) Russian Person Defined.--In this section, the term ``Russian
person'' has the meaning given that term in section 256(c) of the
Countering America's Adversaries Through Sanctions Act (22 U.S.C.
9545(c)).
SEC. 327. SENSE OF CONGRESS ON CIVILIAN NUCLEAR COOPERATION AGREEMENTS
WITH TURKEY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the statement by President Erdogan on September 4,
2019, that he ``cannot accept'' a state of affairs in which
Turkey has no missiles armed with nuclear warheads, along with
other concerning statements from senior officials that Turkey
may pursue a nuclear-weapons capability, runs counter to
Turkey's obligations under the Nuclear Nonproliferation Treaty;
(2) concerns have been raised about Turkey's adherence to
international nonproliferation agreements, including the
Chemical Weapons Convention;
(3) Congress should exercise oversight of the 2008 United
States-Turkey civilian nuclear cooperation agreement (``123
agreement'') prior to its automatic renewal in 2023 if credible
evidence emerges that the Government of Turkey may pursue
development of a nuclear weapon; and
(4) a new or renewed civilian-nuclear cooperation agreement
with the Government of Turkey should be made in accordance with
the requirements of section 123 of the Atomic Energy Act of
1954 (42 U.S. 2153) and Congress should be afforded the
opportunity to vote on the renewal of such an agreement if
circumstances surrounding Turkey's nuclear program or United
States-Turkey relations undergo a substantial change.
(b) Definitions.--In this section:
(1) Chemical weapons convention.--The term ``Chemical
Weapons Convention'' means the Convention on the Prohibition of
the Development, Production, Stockpiling and use of Chemical
Weapons and on their Destruction, done at Paris January 13,
1993.
(2) Nuclear nonproliferation treaty.--The term ``Nuclear
Nonproliferation Treaty'' means the Treaty on the Non-
Proliferation of Nuclear Weapons, done at Washington, London,
and Moscow July 1, 1968.
Subtitle C--General Provisions
SEC. 331. EXCEPTIONS; WAIVERS.
(a) Exception for Intelligence Activities.--Sanctions under this
title shall not apply to any activity subject to the reporting
requirements under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.), or to any authorized intelligence activities of
the United States.
(b) Exception for Official Business of United States Government.--
Sanctions under this title shall not apply to the conduct of the
official business of the United States Government by employees,
contractors, or grantees of the United States Government.
(c) Exceptions for Compliance With International Obligations and
Law Enforcement Activities.--Sanctions under this title shall not apply
with respect to an alien if admitting or paroling the alien into the
United States is necessary--
(1) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(2) to carry out or assist law enforcement activity in the
United States.
(d) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this title shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(e) National Security Waiver.--
(1) In general.--The President may, on a case-by-case
basis, waive for a period of not more than 90 days, the
imposition of sanctions under section 314, 315, 316, or 321
with respect to a foreign person if the President submits to
the appropriate congressional committees--
(A) a written determination that the waiver is
important to the national security interests of the
United States;
(B) a detailed explanation of how the waiver is
important to those interests; and
(C) a report addressing whether the Government of
Turkey is--
(i) engaged in offensive operations against
the Syrian Democratic Forces, Kurdish or Arab
civilians, or other religious or ethnic
minority communities in northeast Syria;
(ii) committing, directing, or knowingly
facilitating the commission of gross violations
of internationally recognized human rights in
northeast Syria;
(iii) hindering counterterrorism operations
against ISIS and its affiliates; or
(iv) engaged in the forcible repatriation
of Syrian refugees from Turkey to Syria.
(2) Renewal of waivers.--The President may, on a case-by-
case basis, renew a waiver under paragraph (1) for additional
periods of not more than 90 days each if, not later than 30
days before the waiver expires, the President submits to the
appropriate congressional committees--
(A) a written determination that the renewal of the
waiver is important to the national security interests
of the United States;
(B) a detailed explanation of how the renewal of
the waiver is important to those interests; and
(C) a report addressing whether the Government of
Turkey is--
(i) engaged in offensive operations against
the Syrian Democratic Forces, Kurdish or Arab
civilians, or other religious or ethnic
minority communities in northeast Syria;
(ii) committing, directing, or knowingly
facilitating the commission of gross violations
of internationally recognized human rights in
northeast Syria;
(iii) hindering counterterrorism operations
against ISIS and its affiliates; or
(iv) engaged in the forcible repatriation
of Syrian refugees from Turkey to Syria.
(f) Humanitarian Waiver.--The President may waive the application
of section 314, 315, 316, or 321 for the purpose of providing
humanitarian assistance if the President submits to the appropriate
congressional committees--
(1) a written determination that such a waiver is important
to address a humanitarian need and consistent with the national
security interests of the United States; and
(2) a justification relating to such determination.
SEC. 332. IMPLEMENTATION; REGULATIONS; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this title.
(b) Regulations.--The President shall issue such regulations,
licenses, and orders as are necessary to carry out this title.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this title or any
regulation, license, or order issued to carry out this title shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
SEC. 333. STUDIES ON EFFECTIVENESS OF SANCTIONS IN ACHIEVING FOREIGN
POLICY OBJECTIVES.
(a) Independent Studies.--
(1) In general.--The Secretary of State shall provide for
the performance of 2 independent studies on the use of
sanctions by the United States Government and the effectiveness
of sanctions in achieving foreign policy objectives that
includes an assessment of the following:
(A) Whether the United States Government is
appropriately organized, staffed, and resourced to
effectively develop and implement sanctions as a tool
of foreign policy and coordinate sanctions policy and
implementation with allies and other like-minded
governments.
(B) The effect of sanctions on the decisionmaking
calculus of the countries, entities, or individuals
subject to sanctions.
(C) The effect of the threat of sanctions on, and
cases in which the threat of sanctions have affected,
the decision-making calculus of countries, entities, or
individuals subject to such threat.
(D) The effect on United States national security,
including the ability to deter problematic behavior,
when mandatory statutory sanctions are not implemented.
(E) Cases in which sanctions have led to a desired
change in behavior by the country, entity, or
individual subject to the sanctions.
(F) Cases in which sanctions have led to an
undesirable change in behavior by the country, entity,
or individual subject to the sanctions.
(G) The effect of sanctions on United States
businesses and businesses in countries that are allies
of the United States.
(H) Whether extensive or exhaustive sanctions have
been a precursor to increased military actions.
(I) Whether unilateral sanctions have been
effective in changing behavior or otherwise advancing
national security or foreign policy objectives.
(J) Cases in which sanctions used in combination
with extensive diplomacy have had led to desired
changes in behavior.
(K) The collateral effects of sanctions on
civilians and their welfare.
(L) The record of all sanctions imposed by the
United States currently in effect, by country, and how
long those sanctions have been in effect.
(M) The history of sanctions imposed with respect
to allies of the United States and the result of those
sanctions.
(2) Consultation with congress.--Each entity performing a
study mandated under paragraph (1) shall consult with the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives while
conducting the study.
(3) Submission to congress.--
(A) In general.--Not later than June 1, 2020, the
Secretary shall submit the results of each study
required by paragraph (1) to the appropriate
congressional committees.
(B) Form.--The results of each study submitted
under subparagraph (A) shall be submitted in
unclassified form, but may include a classified annex.
(b) Entities to Perform Studies.--The Secretary shall provide for
the studies required by subsection (a) to be performed as follows:
(1) One study shall be performed by the Comptroller General
of the United States.
(2) One study shall be performed by a federally funded
research and development center that has recognized credentials
and expertise in national security and foreign policy.
TITLE IV--MISCELLANEOUS
SEC. 401. AGREEMENT FOR NATO MEMBERS NOT TO ACQUIRE DEFENSE TECHNOLOGY
INCOMPATIBLE WITH THE SECURITY OF NATO SYSTEMS.
The U.S. mission to NATO shall pursue an agreement that members
will not acquire defense technology incompatible with the security of
NATO systems.
SEC. 402. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.
Nothing in this Act shall be construed as an authorization for the
use of military force.
TITLE V--TERMINATION
SEC. 501. TERMINATION.
This Act shall terminate on the date that is 5 years after the date
of the enactment of this Act.
Calendar No. 327
116th CONGRESS
1st Session
S. 2641
_______________________________________________________________________
A BILL
To promote United States national security and prevent the resurgence
of ISIS, and for other purposes.
_______________________________________________________________________
December 12, 2019
Reported with an amendment