Text: H.R.336 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (01/08/2019)

 
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[H.R. 336 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 336

    To make improvements to certain defense and security assistance 
 provisions and to authorize the appropriation of funds to Israel, to 
 reauthorize the United States-Jordan Defense Cooperation Act of 2015, 
and to halt the wholesale slaughter of the Syrian people, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2019

Mr. McCaul (for himself, Mr. McHenry, and Mr. Hurd of Texas) introduced 
  the following bill; which was referred to the Committee on Foreign 
Affairs, and in addition to the Committees on the Judiciary, Financial 
  Services, Science, Space, and Technology, and Armed Services, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To make improvements to certain defense and security assistance 
 provisions and to authorize the appropriation of funds to Israel, to 
 reauthorize the United States-Jordan Defense Cooperation Act of 2015, 
and to halt the wholesale slaughter of the Syrian people, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Strengthening 
America's Security in the Middle East Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--ILEANA ROS-LEHTINEN UNITED STATES-ISRAEL SECURITY ASSISTANCE 
                       AUTHORIZATION ACT OF 2019

Sec. 101. Short title.
Sec. 102. Appropriate congressional committees defined.
               Subtitle A--Security Assistance for Israel

Sec. 111. Findings.
Sec. 112. Statement of policy regarding Israel's defense systems.
Sec. 113. Assistance for Israel.
Sec. 114. Extension of war reserves stockpile authority.
Sec. 115. Extension of loan guarantees to Israel.
Sec. 116. Transfer of precision guided munitions to Israel.
Sec. 117. Sense of Congress on rapid acquisition and deployment 
                            procedures.
Sec. 118. Eligibility of Israel for the strategic trade authorization 
                            exception to certain export control 
                            licensing requirements.
         Subtitle B--Enhanced United States-Israel Cooperation

Sec. 121. United States-Israel space cooperation.
Sec. 122. United States-Israel enhanced partnership for development 
                            cooperation in developing nations.
Sec. 123. Authority to enter into a cooperative project agreement with 
                            Israel to counter unmanned aerial vehicles 
                            that threaten the United States or Israel.
        Subtitle C--Ensuring Israel's Qualitative Military Edge

Sec. 131. Statement of policy.
    TITLE II--UNITED STATES-JORDAN DEFENSE COOPERATION EXTENSION ACT

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Sense of Congress.
Sec. 204. Reauthorization of United States-Jordan Defense Cooperation 
                            Act of 2015.
Sec. 205. Report on establishing an enterprise fund for Jordan.
        TITLE III--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019

Sec. 301. Short title.
    Subtitle A--Additional Actions in Connection With the National 
                    Emergency With Respect to Syria

Sec. 311. Measures with respect to Central Bank of Syria.
Sec. 312. Sanctions with respect to foreign persons that engage in 
                            certain transactions.
             Subtitle B--Assistance for the People of Syria

Sec. 321. Codification of certain services in support of 
                            nongovernmental organizations' activities 
                            authorized.
Sec. 322. Briefing on strategy to facilitate humanitarian assistance.
                     Subtitle C--General Provisions

Sec. 331. Suspension of sanctions.
Sec. 332. Waivers and exemptions.
Sec. 333. Implementation and regulatory authorities.
Sec. 334. Rule of construction.
Sec. 335. Sunset.
                  TITLE IV--COMBATING BDS ACT OF 2019

Sec. 401. Short title.
Sec. 402. Nonpreemption of measures by State and local governments to 
                            divest from entities that engage in certain 
                            boycott, divestment, or sanctions 
                            activities targeting Israel or persons 
                            doing business in Israel or Israeli-
                            controlled territories.
Sec. 403. Safe harbor for changes of investment policies by asset 
                            managers.
Sec. 404. Sense of congress regarding certain ERISA plan investments.
Sec. 405. Rule of construction.

 TITLE I--ILEANA ROS-LEHTINEN UNITED STATES-ISRAEL SECURITY ASSISTANCE 
                       AUTHORIZATION ACT OF 2019

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Ileana Ros-Lehtinen United States-
Israel Security Assistance Authorization Act of 2019''.

SEC. 102. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this title, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives.

               Subtitle A--Security Assistance for Israel

SEC. 111. FINDINGS.

    Congress makes the following findings:
            (1) In February 1987, the United States granted Israel 
        major non-NATO ally status.
            (2) On August 16, 2007, the United States and Israel signed 
        a 10-year Memorandum of Understanding on United States military 
        assistance to Israel. The total assistance over the course of 
        this understanding would equal $30 billion.
            (3) On July 27, 2012, the United States-Israel Enhanced 
        Security Cooperation Act of 2012 (Public Law 112-150; 22 U.S.C. 
        8601 et seq.) declared it to be the policy of the United States 
        ``to help the Government of Israel preserve its qualitative 
        military edge amid rapid and uncertain regional political 
        transformation'' and stated the sense of Congress that the 
        United States Government should ``provide the Government of 
        Israel defense articles and defense services through such 
        mechanisms as appropriate, to include air refueling tankers, 
        missile defense capabilities, and specialized munitions''.
            (4) On December 19, 2014, President Barack Obama signed 
        into law the United States-Israel Strategic Partnership Act of 
        2014 (Public Law 113-296) which stated the sense of Congress 
        that Israel is a major strategic partner of the United States 
        and declared it to be the policy of the United States ``to 
        continue to provide Israel with robust security assistance, 
        including for the procurement of the Iron Dome Missile Defense 
        System''.
            (5) Section 1679 of the National Defense Authorization Act 
        for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1135) 
        authorized funds to be appropriated for Israeli cooperative 
        missile defense program codevelopment and coproduction, 
        including funds to be provided to the Government of Israel to 
        procure the David's Sling weapon system as well as the Arrow 3 
        Upper Tier Interceptor Program.
            (6) On September 14, 2016, the United States and Israel 
        signed a 10-year Memorandum of Understanding reaffirming the 
        importance of continuing annual United States military 
        assistance to Israel and cooperative missile defense programs 
        in a way that enhances Israel's security and strengthens the 
        bilateral relationship between the two countries.
            (7) The 2016 Memorandum of Understanding reflected United 
        States support of Foreign Military Financing (FMF) grant 
        assistance to Israel over the 10-year period beginning in 
        fiscal year 2019 and ending in fiscal year 2028. FMF grant 
        assistance would be at a level of $3,300,000,000 annually, 
        totaling $33 billion, the largest single pledge of military 
        assistance ever and a reiteration of the seven-decade, 
        unshakeable, bipartisan commitment of the United States to 
        Israel's security.
            (8) The Memorandum of Understanding also reflected United 
        States support for funding for cooperative programs to develop, 
        produce, and procure missile, rocket, and projectile defense 
        capabilities over a 10-year period beginning in fiscal year 
        2019 and ending in fiscal year 2028 at a level of $500 million 
        per year, totaling $5 billion.

SEC. 112. STATEMENT OF POLICY REGARDING ISRAEL'S DEFENSE SYSTEMS.

    It shall be the policy of the United States to provide assistance 
to the Government of Israel in order to support funding for cooperative 
programs to develop, produce, and procure missile, rocket, projectile, 
and other defense capabilities to help Israel meet its security needs 
and to help develop and enhance United States defense capabilities.

SEC. 113. ASSISTANCE FOR ISRAEL.

    Section 513(c) of the Security Assistance Act of 2000 (Public Law 
106-280; 114 Stat. 856) is amended--
            (1) in paragraph (1), by striking ``2002 and 2003'' and 
        inserting ``2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 
        2027, and 2028''; and
            (2) in paragraph (2)--
                    (A) by striking ``equal to--'' and inserting ``not 
                less than $3,300,000,000.''; and
                    (B) by striking subparagraphs (A) and (B).

SEC. 114. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.

    Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321h(b)(2)(A)) is amended by striking ``2013, 2014, 2015, 2016, 
2017, 2018, and 2019'' and inserting ``2019, 2020, 2021, 2022, and 
2023''.

SEC. 115. EXTENSION OF LOAN GUARANTEES TO ISRAEL.

    Chapter 5 of title I of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended 
under the heading ``Loan Guarantees to Israel''--
            (1) in the matter preceding the first proviso, by striking 
        ``September 30, 2019'' and inserting ``September 30, 2023''; 
        and
            (2) in the second proviso, by striking ``September 30, 
        2019'' and inserting ``September 30, 2023''.

SEC. 116. TRANSFER OF PRECISION GUIDED MUNITIONS TO ISRAEL.

    (a) In General.--Notwithstanding section 514 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized 
to transfer such quantities of precision guided munitions from reserve 
stocks to Israel as necessary for legitimate self-defense and otherwise 
consistent with the purposes and conditions for such transfers under 
the Arms Export Control Act (22 U.S.C. 2751 et seq.).
    (b) Certifications.--Except in case of emergency, not later than 5 
days before making a transfer under this section, the President shall 
certify in an unclassified notification to the appropriate 
congressional committees that the transfer of the precision guided 
munitions--
            (1) does not affect the ability of the United States to 
        maintain a sufficient supply of precision guided munitions;
            (2) does not harm the combat readiness of the United States 
        or the ability of the United States to meet its commitment to 
        allies for the transfer of such munitions;
            (3) is necessary for Israel to counter the threat of 
        rockets in a timely fashion; and
            (4) is in the national security interest of the United 
        States.

SEC. 117. SENSE OF CONGRESS ON RAPID ACQUISITION AND DEPLOYMENT 
              PROCEDURES.

    It is the sense of Congress that the President should prescribe 
procedures for the rapid acquisition and deployment of precision guided 
munitions for United States counterterrorism missions, or to assist an 
ally of the United States, including Israel, that is subject to direct 
missile threat.

SEC. 118. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION 
              EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING 
              REQUIREMENTS.

    (a) Findings.--Congress makes the following findings:
            (1) Israel has adopted high standards in the field of 
        export controls.
            (2) Israel has declared its unilateral adherence to the 
        Missile Technology Control Regime, the Australia Group, and the 
        Nuclear Suppliers Group.
            (3) Israel is a party to--
                    (A) the Convention on Prohibitions or Restrictions 
                on the Use of Certain Conventional Weapons which may be 
                Deemed to be Excessively Injurious or to Have 
                Indiscriminate Effects, signed at Geneva October 10, 
                1980;
                    (B) the Protocol for the Prohibition of the Use in 
                War of Asphyxiating, Poisonous or Other Gases, and of 
                Bacteriological Methods of Warfare, signed at Geneva 
                June 17, 1925; and
                    (C) the Convention on the Physical Protection of 
                Nuclear Material, adopted at Vienna October 26, 1979.
            (4) Section 6(b) of the United States-Israel Strategic 
        Partnership Act of 2014 (22 U.S.C. 8603 note) directs the 
        President, consistent with the commitments of the United States 
        under international agreements, to take steps so that Israel 
        may be included in the list of countries eligible for the 
        strategic trade authorization exception under section 
        740.20(c)(1) of title 15, Code of Federal Regulations, to the 
        requirement for a license for the export, reexport, or in-
        country transfer of an item subject to controls under the 
        Export Administration Regulations.
    (b) Report on Eligibility for Strategic Trade Authorization 
Exception.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate congressional committees a report that describes 
        the steps taken pursuant to section 6(b) of the United States-
        Israel Strategic Partnership Act of 2014 (22 U.S.C. 8603 note).
            (2) Form.--The report required under paragraph (1) shall be 
        provided in unclassified form, but may contain a classified 
        portion.

         Subtitle B--Enhanced United States-Israel Cooperation

SEC. 121. UNITED STATES-ISRAEL SPACE COOPERATION.

    (a) Findings.--Congress makes the following findings:
            (1) Authorized in 1958, the National Aeronautics and Space 
        Administration (NASA) supports and coordinates United States 
        Government research in aeronautics, human exploration and 
        operations, science, and space technology.
            (2) Established in 1983, the Israel Space Agency (ISA) 
        supports the growth of Israel's space industry by supporting 
        academic research, technological innovation, and educational 
        activities.
            (3) The mutual interest of the United States and Israel in 
        space exploration affords both nations an opportunity to 
        leverage their unique abilities to advance scientific 
        discovery.
            (4) In 1996, NASA and the ISA entered into an agreement 
        outlining areas of mutual cooperation, which remained in force 
        until 2005.
            (5) Since 1996, NASA and the ISA have successfully 
        cooperated on many space programs supporting the Global 
        Positioning System and research related to the sun, earth 
        science, and the environment.
            (6) The bond between NASA and the ISA was permanently 
        forged on February 1, 2003, with the loss of the crew of STS-
        107, including Israeli Astronaut Ilan Ramon.
            (7) On October 13, 2015, the United States and Israel 
        signed the Framework Agreement between the National Aeronautics 
        and Space Administration of the United States of America and 
        the Israel Space Agency for Cooperation in Aeronautics and the 
        Exploration and Use of Airspace and Outer Space for Peaceful 
        Purposes.
    (b) Continuing Cooperation.--The Administrator of the National 
Aeronautics and Space Administration shall continue to work with the 
Israel Space Agency to identify and cooperatively pursue peaceful space 
exploration and science initiatives in areas of mutual interest, taking 
all appropriate measures to protect sensitive information, intellectual 
property, trade secrets, and economic interests of the United States.

SEC. 122. UNITED STATES-ISRAEL ENHANCED PARTNERSHIP FOR DEVELOPMENT 
              COOPERATION IN DEVELOPING NATIONS.

    (a) Statement of Policy.--It should be the policy of the United 
States to partner with Israel in order to advance common goals across a 
wide variety of sectors, including energy, agriculture and food 
security, democracy, human rights and governance, economic growth and 
trade, education, environment, global health, and water and sanitation.
    (b) Memorandum of Understanding.--The Secretary of State, acting 
through the Administrator of the United States Agency for International 
Development in accordance with established procedures, is authorized to 
enter into memoranda of understanding with Israel in order to enhance 
coordination on advancing common goals on energy, agriculture and food 
security, democracy, human rights and governance, economic growth and 
trade, education, environment, global health, and water and sanitation 
with a focus on strengthening mutual ties and cooperation with nations 
throughout the world.

SEC. 123. AUTHORITY TO ENTER INTO A COOPERATIVE PROJECT AGREEMENT WITH 
              ISRAEL TO COUNTER UNMANNED AERIAL VEHICLES THAT THREATEN 
              THE UNITED STATES OR ISRAEL.

    (a) Findings.--Congress makes the following findings:
            (1) On February 10, 2018, Iran launched from Syria an 
        unmanned aerial vehicle (commonly known as a ``drone'') that 
        penetrated Israeli airspace.
            (2) According to a press report, the unmanned aerial 
        vehicle was in Israeli airspace for a minute and a half before 
        being shot down by its air force.
            (3) Senior Israeli officials stated that the unmanned 
        aerial vehicle was an advanced piece of technology.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) joint research and development to counter unmanned 
        aerial vehicles will serve the national security interests of 
        the United States and Israel;
            (2) Israel faces urgent and emerging threats from unmanned 
        aerial vehicles, and other unmanned vehicles, launched from 
        Lebanon by Hezbollah, from Syria by Iran's Revolutionary Guard 
        Corps, or from others seeking to attack Israel;
            (3) efforts to counter unmanned aerial vehicles should 
        include the feasibility of utilizing directed energy and high 
        powered microwave technologies, which can disable vehicles 
        without kinetic destruction; and
            (4) the United States and Israel should continue to work 
        together to defend against all threats to the safety, security, 
        and national interests of both countries.
    (c) Authority To Enter Into Agreement.--
            (1) In general.--The President is authorized to enter into 
        a cooperative project agreement with Israel under the authority 
        of section 27 of the Arms Export Control Act (22 U.S.C. 2767), 
        to carry out research on, and development, testing, evaluation, 
        and joint production (including follow-on support) of, defense 
        articles and defense services, such as the use of directed 
        energy or high powered microwave technology, to detect, track, 
        and destroy unmanned aerial vehicles that threaten the United 
        States or Israel.
            (2) Applicable requirements.--The cooperative project 
        agreement described in paragraph (1) shall--
                    (A) provide that any activities carried out 
                pursuant to the agreement are subject to--
                            (i) the applicable requirements described 
                        in subparagraphs (A), (B), and (C) of section 
                        27(b)(2) of the Arms Export Control Act (22 
                        U.S.C. 2767(b)(2)); and
                            (ii) any other applicable requirements of 
                        the Arms Export Control Act (22 U.S.C. 2751 et 
                        seq.) with respect to the use, transfers, and 
                        security of such defense articles and defense 
                        services under that Act;
                    (B) establish a framework to negotiate the rights 
                to intellectual property developed under the agreement; 
                and
                    (C) include appropriate protections for sensitive 
                technology.
    (d) Report on Cooperation.--
            (1) Report required.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees (as that term is 
        defined in section 101(a) of title 10, United States Code), the 
        Committee on Foreign Relations of the Senate, and the Committee 
        on Foreign Affairs of the House of Representatives a report 
        describing the cooperation of the United States with Israel 
        with respect to countering unmanned aerial systems that 
        includes each of the following:
                    (A) An identification of specific capability gaps 
                of the United States and Israel with respect to 
                countering unmanned aerial systems.
                    (B) An identification of cooperative projects that 
                would address those capability gaps and mutually 
                benefit and strengthen the security of the United 
                States and Israel.
                    (C) An assessment of the projected cost for 
                research and development efforts for such cooperative 
                projects, including an identification of those to be 
                conducted in the United States, and the timeline for 
                the completion of each such project.
                    (D) An assessment of the extent to which the 
                capability gaps of the United States identified 
                pursuant to subparagraph (A) are not likely to be 
                addressed through the cooperative projects identified 
                pursuant to subparagraph (B).
                    (E) An assessment of the projected costs for 
                procurement and fielding of any capabilities developed 
                jointly pursuant to an agreement described in 
                subsection (c).
            (2) Limitation.--No activities may be conducted pursuant to 
        an agreement described in subsection (c) until the date that is 
        15 days after the date on which the Secretary of Defense 
        submits the report required under paragraph (1).

        Subtitle C--Ensuring Israel's Qualitative Military Edge

SEC. 131. STATEMENT OF POLICY.

    It is the policy of the United States to ensure that Israel 
maintains its ability to counter and defeat any credible conventional 
military, or emerging, threat from any individual state or possible 
coalition of states or from non-state actors, while sustaining minimal 
damages and casualties, through the use of superior military means, 
possessed in sufficient quantity, including weapons, command, control, 
communication, intelligence, surveillance, and reconnaissance 
capabilities that in their technical characteristics are superior in 
capability to those of such other individual or possible coalition 
states or non-state actors.

    TITLE II--UNITED STATES-JORDAN DEFENSE COOPERATION EXTENSION ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``United States-Jordan Defense 
Cooperation Extension Act''.

SEC. 202. FINDINGS.

    Congress finds the following:
            (1) In December 2011, Congress passed section 7041(b) of 
        the Consolidated Appropriations Act, 2012 (Public Law 112-74; 
        125 Stat. 1223), which appropriated funds made available under 
        the heading ``Economic Support Fund'' to establish an 
        enterprise fund for Jordan.
            (2) The intent of an enterprise fund is to attract private 
        investment to help entrepreneurs and small businesses create 
        jobs and to achieve sustainable economic development.
            (3) Jordan is an instrumental partner in the fight against 
        terrorism, including as a member of the Global Coalition To 
        Counter ISIS and the Combined Joint Task Force--Operation 
        Inherent Resolve.
            (4) In 2014, His Majesty King Abdullah stated that 
        ``Jordanians and Americans have been standing shoulder to 
        shoulder against extremism for many years, but to a new level 
        with this coalition against ISIL''.
            (5) On February 3, 2015, the United States signed a 3-year 
        memorandum of understanding with Jordan, pledging to provide 
        the kingdom with $1,000,000,000 annually in United States 
        foreign assistance, subject to the approval of Congress.

SEC. 203. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) Jordan plays a critical role in responding to the 
        overwhelming humanitarian needs created by the conflict in 
        Syria; and
            (2) Jordan, the United States, and other partners should 
        continue working together to address this humanitarian crisis 
        and promote regional stability, including through support for 
        refugees in Jordan and internally displaced people along the 
        Jordan-Syria border and the creation of conditions inside Syria 
        that will allow for the secure, dignified, and voluntary return 
        of people displaced by the crisis.

SEC. 204. REAUTHORIZATION OF UNITED STATES-JORDAN DEFENSE COOPERATION 
              ACT OF 2015.

    Section 5(a) of the United States-Jordan Defense Cooperation Act of 
2015 (22 U.S.C. 2753 note) is amended--
            (1) by striking ``During the 3-year period'' and inserting 
        ``During the period''; and
            (2) by inserting ``and ending on December 31, 2022'' after 
        ``enactment of this Act''.

SEC. 205. REPORT ON ESTABLISHING AN ENTERPRISE FUND FOR JORDAN.

    (a) In General.--Not later than 180 days after the establishment of 
the United States Development Finance Corporation, the President shall 
submit to the appropriate congressional committees a detailed report 
assessing the costs and benefits of the United States Development 
Finance Corporation establishing a Jordan Enterprise Fund.
    (b) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.

        TITLE III--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Caesar Syria Civilian Protection 
Act of 2019''.

    Subtitle A--Additional Actions in Connection With the National 
                    Emergency With Respect to Syria

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

    (a) Determination Regarding Central Bank of Syria.--Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
the Treasury shall determine, under section 5318A of title 31, United 
States Code, whether reasonable grounds exist for concluding that the 
Central Bank of Syria is a financial institution of primary money 
laundering concern.
    (b) Enhanced Due Diligence and Reporting Requirements.--If the 
Secretary of the Treasury determines under subsection (a) that 
reasonable grounds exist for concluding that the Central Bank of Syria 
is a financial institution of primary money laundering concern, the 
Secretary, in consultation with the Federal functional regulators (as 
defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)), 
shall impose one or more of the special measures described in section 
5318A(b) of title 31, United States Code, with respect to the Central 
Bank of Syria.
    (c) Report Required.--
            (1) In general.--Not later than 90 days after making a 
        determination under subsection (a) with respect to whether the 
        Central Bank of Syria is a financial institution of primary 
        money laundering concern, the Secretary of the Treasury shall 
        submit to the appropriate congressional committees a report 
        that includes the reasons for the determination.
            (2) Form.--A report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (3) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Financial Services, and the Committee on 
                Appropriations of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on Appropriations of the Senate.

SEC. 312. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN 
              CERTAIN TRANSACTIONS.

    (a) Imposition of Sanctions.--
            (1) In general.--On and after the date that is 180 days 
        after the date of the enactment of this Act, the President 
        shall impose the sanctions described in subsection (b) with 
        respect to a foreign person if the President determines that 
        the foreign person, on or after such date of enactment, 
        knowingly engages in an activity described in paragraph (2).
            (2) Activities described.--A foreign person engages in an 
        activity described in this paragraph if the foreign person--
                    (A) knowingly provides significant financial, 
                material, or technological support to, or knowingly 
                engages in a significant transaction with--
                            (i) the Government of Syria (including any 
                        entity owned or controlled by the Government of 
                        Syria) or a senior political figure of the 
                        Government of Syria;
                            (ii) a foreign person that is a military 
                        contractor, mercenary, or a paramilitary force 
                        knowingly operating in a military capacity 
                        inside Syria for or on behalf of the Government 
                        of Syria, the Government of the Russian 
                        Federation, or the Government of Iran; or
                            (iii) a foreign person subject to sanctions 
                        pursuant to the International Emergency 
                        Economic Powers Act (50 U.S.C. 1701 et seq.) 
                        with respect to Syria or any other provision of 
                        law that imposes sanctions with respect to 
                        Syria;
                    (B) knowingly sells or provides significant goods, 
                services, technology, information, or other support 
                that significantly facilitates the maintenance or 
                expansion of the Government of Syria's domestic 
                production of natural gas, petroleum, or petroleum 
                products;
                    (C) knowingly sells or provides aircraft or spare 
                aircraft parts that are used for military purposes in 
                Syria for or on behalf of the Government of Syria to 
                any foreign person operating in an area directly or 
                indirectly controlled by the Government of Syria or 
                foreign forces associated with the Government of Syria;
                    (D) knowingly provides significant goods or 
                services associated with the operation of aircraft that 
                are used for military purposes in Syria for or on 
                behalf of the Government of Syria to any foreign person 
                operating in an area described in subparagraph (C); or
                    (E) knowingly, directly or indirectly, provides 
                significant construction or engineering services to the 
                Government of Syria.
            (3) Sense of congress.--It is the sense of Congress that, 
        in implementing this section, the President should consider 
        financial support under paragraph (2)(A) to include the 
        provision of loans, credits, or export credits.
    (b) Sanctions Described.--
            (1) In general.--The sanctions to be imposed with respect 
        to a foreign person subject to subsection (a) are the 
        following:
                    (A) Blocking of property.--The President shall 
                exercise all of the powers granted to the President 
                under the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.) to the extent necessary to 
                block and prohibit all transactions in property and 
                interests in property of the foreign person if such 
                property and interests in property are in the United 
                States, come within the United States, or are or come 
                within the possession or control of a United States 
                person.
                    (B) Aliens ineligible for visas, admission, or 
                parole.--
                            (i) Visas, admission, or parole.--An alien 
                        who the Secretary of State or the Secretary of 
                        Homeland Security (or a designee of one of such 
                        Secretaries) knows, or has reason to believe, 
                        has knowingly engaged in any activity described 
                        in subsection (a)(2) is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--The issuing 
                                consular officer, the Secretary of 
                                State, or the Secretary of Homeland 
                                Security (or a designee of one of such 
                                Secretaries) shall, in accordance with 
                                section 221(i) of the Immigration and 
                                Nationality Act (8 U.S.C. 1201(i)), 
                                revoke any visa or other entry 
                                documentation issued to an alien 
                                described in clause (i) regardless of 
                                when the visa or other entry 
                                documentation is issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I)--
                                            (aa) shall take effect 
                                        immediately; and
                                            (bb) shall automatically 
                                        cancel any other valid visa or 
                                        entry documentation that is in 
                                        the alien's possession.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of regulations promulgated under section 
        333(b) to carry out paragraph (1)(A) to the same extent that 
        such penalties apply to a person that commits an unlawful act 
        described in section 206(a) of that Act.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The requirement to block and 
                prohibit all transactions in all property and interests 
                in property under paragraph (1)(A) shall not include 
                the authority to impose sanctions on the importation of 
                goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or man-made 
                substance, material, supply or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (c) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (3) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity.

             Subtitle B--Assistance for the People of Syria

SEC. 321. CODIFICATION OF CERTAIN SERVICES IN SUPPORT OF 
              NONGOVERNMENTAL ORGANIZATIONS' ACTIVITIES AUTHORIZED.

    (a) In General.--Except as provided in subsection (b), section 
542.516 of title 31, Code of Federal Regulations (relating to certain 
services in support of nongovernmental organizations' activities 
authorized), as in effect on the day before the date of the enactment 
of this Act, shall--
            (1) remain in effect on and after such date of enactment; 
        and
            (2) in the case of a nongovernmental organization that is 
        authorized to export or reexport services to Syria under such 
        section on the day before such date of enactment, apply to such 
        organization on and after such date of enactment to the same 
        extent and in the same manner as such section applied to such 
        organization on the day before such date of enactment.
    (b) Exception.--
            (1) In general.--Section 542.516 of title 31, Code of 
        Federal Regulations, as codified under subsection (a), shall 
        not apply with respect to a foreign person that has been 
        designated as a foreign terrorist organization under section 
        219 of the Immigration and Nationality Act (8 U.S.C. 1189), or 
        otherwise designated as a terrorist organization, by the 
        Secretary of State, in consultation with or upon the request of 
        the Attorney General or the Secretary of Homeland Security.
            (2) Effective date.--Paragraph (1) shall apply with respect 
        to a foreign person on and after the date on which the 
        designation of that person as a terrorist organization is 
        published in the Federal Register.

SEC. 322. BRIEFING ON STRATEGY TO FACILITATE HUMANITARIAN ASSISTANCE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall brief the appropriate 
congressional committees on the strategy of the President to help 
facilitate the ability of humanitarian organizations to access 
financial services to help facilitate the safe and timely delivery of 
assistance to communities in need in Syria.
    (b) Consideration of Data From Other Countries and Nongovernmental 
Organizations.--In preparing the strategy required by subsection (a), 
the President shall consider credible data already obtained by other 
countries and nongovernmental organizations, including organizations 
operating in Syria.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on 
        Financial Services, and the Committee on Appropriations of the 
        House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Banking, Housing, and Urban Affairs, and the Committee on 
        Appropriations of the Senate.

                     Subtitle C--General Provisions

SEC. 331. SUSPENSION OF SANCTIONS.

    (a) In General.--The President may suspend in whole or in part the 
imposition of sanctions otherwise required under this title for periods 
not to exceed 180 days if the President determines that the following 
criteria have been met in Syria:
            (1) The air space over Syria is no longer being utilized by 
        the Government of Syria or the Government of the Russian 
        Federation to target civilian populations through the use of 
        incendiary devices, including barrel bombs, chemical weapons, 
        and conventional arms, including air-delivered missiles and 
        explosives.
            (2) Areas besieged by the Government of Syria, the 
        Government of the Russian Federation, the Government of Iran, 
        or a foreign person described in section 312(a)(2)(A)(ii) are 
        no longer cut off from international aid and have regular 
        access to humanitarian assistance, freedom of travel, and 
        medical care.
            (3) The Government of Syria is releasing all political 
        prisoners forcibly held within the prison system of the regime 
        of Bashar al-Assad and the Government of Syria is allowing full 
        access to the same facilities for investigations by appropriate 
        international human rights organizations.
            (4) The forces of the Government of Syria, the Government 
        of the Russian Federation, the Government of Iran, and any 
        foreign person described in section 312(a)(2)(A)(ii) are no 
        longer engaged in deliberate targeting of medical facilities, 
        schools, residential areas, and community gathering places, 
        including markets, in violation of international norms.
            (5) The Government of Syria is--
                    (A) taking steps to verifiably fulfill its 
                commitments under the Convention on the Prohibition of 
                the Development, Production, Stockpiling and Use of 
                Chemical Weapons and on their Destruction, done at 
                Geneva September 3, 1992, and entered into force April 
                29, 1997 (commonly known as the ``Chemical Weapons 
                Convention''), and the Treaty on the Non-Proliferation 
                of Nuclear Weapons, done at Washington, London, and 
                Moscow July 1, 1968, and entered into force March 5, 
                1970 (21 UST 483); and
                    (B) making tangible progress toward becoming a 
                signatory to the Convention on the Prohibition of the 
                Development, Production and Stockpiling of 
                Bacteriological (Biological) and Toxin Weapons and on 
                their Destruction, done at Washington, London, and 
                Moscow April 10, 1972, and entered into force March 26, 
                1975 (26 UST 583).
            (6) The Government of Syria is permitting the safe, 
        voluntary, and dignified return of Syrians displaced by the 
        conflict.
            (7) The Government of Syria is taking verifiable steps to 
        establish meaningful accountability for perpetrators of war 
        crimes in Syria and justice for victims of war crimes committed 
        by the Assad regime, including by participation in a credible 
        and independent truth and reconciliation process.
    (b) Briefing Required.--Not later than 30 days after the President 
makes a determination described in subsection (a), the President shall 
provide a briefing to the appropriate congressional committees on the 
determination and the suspension of sanctions pursuant to the 
determination.
    (c) Reimposition of Sanctions.--Any sanctions suspended under 
subsection (a) shall be reimposed if the President determines that the 
criteria described in that subsection are no longer being met.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to limit the authority of the President to terminate the 
application of sanctions under section 312 with respect to a person 
that no longer engages in activities described in subsection (a)(2) of 
that section.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on 
        Financial Services, the Committee on Ways and Means, the 
        Committee on the Judiciary, and the Committee on Appropriations 
        of the House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Banking, Housing, and Urban Affairs, the Committee on the 
        Judiciary, and the Committee on Appropriations of the Senate.

SEC. 332. WAIVERS AND EXEMPTIONS.

    (a) Exemptions.--The following activities and transactions shall be 
exempt from sanctions authorized under this title:
            (1) Any activity subject to the reporting requirements 
        under title V of the National Security Act of 1947 (50 U.S.C. 
        3091 et seq.), or to any authorized law enforcement, national 
        security, or intelligence activities of the United States.
            (2) Any transaction necessary to comply with United States 
        obligations under--
                    (A) the Agreement regarding the Headquarters of the 
                United Nations, signed at Lake Success June 26, 1947, 
                and entered into force November 21, 1947, between the 
                United Nations and the United States;
                    (B) the Convention on Consular Relations, done at 
                Vienna April 24, 1963, and entered into force March 19, 
                1967; or
                    (C) any other international agreement to which the 
                United States is a party.
    (b) Waiver.--
            (1) In general.--The President may, for periods not to 
        exceed 180 days, waive the application of any provision of this 
        title with respect to a foreign person if the President 
        certifies to the appropriate congressional committees that such 
        a waiver is in the national security interests of the United 
        States.
            (2) Briefing.--Not later than 90 days after the issuance of 
        a waiver under paragraph (1), and every 180 days thereafter 
        while the waiver remains in effect, the President shall brief 
        the appropriate congressional committees on the reasons for the 
        waiver.
    (c) Humanitarian Waiver.--
            (1) In general.--The President may waive, for renewable 
        periods not to exceed 2 years, the application of any provision 
        of this title with respect to a nongovernmental organization 
        providing humanitarian assistance not covered by the 
        authorization described in section 321 if the President 
        certifies to the appropriate congressional committees that such 
        a waiver is important to address a humanitarian need and is 
        consistent with the national security interests of the United 
        States.
            (2) Briefing.--Not later than 90 days after the issuance of 
        a waiver under paragraph (1), and every 180 days thereafter 
        while the waiver remains in effect, the President shall brief 
        the appropriate congressional committees on the reasons for the 
        waiver.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on 
        Financial Services, the Committee on Ways and Means, the 
        Committee on the Judiciary, and the Committee on Appropriations 
        of the House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Banking, Housing, and Urban Affairs, the Committee on the 
        Judiciary, and the Committee on Appropriations of the Senate.

SEC. 333. IMPLEMENTATION AND REGULATORY AUTHORITIES.

    (a) Implementation Authority.--The President may exercise all 
authorities provided to the President under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this title.
    (b) Regulatory Authority.--The President shall, not later than 180 
days after the date of the enactment of this Act, promulgate 
regulations as necessary for the implementation of this title.

SEC. 334. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to limit the authority of 
the President pursuant to the International Emergency Economic Powers 
Act (50 U.S.C. 1701 et seq.) or any other provision of law.

SEC. 335. SUNSET.

    This title shall cease to be effective on the date that is 5 years 
after the date of the enactment of this Act.

                  TITLE IV--COMBATING BDS ACT OF 2019

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Combating BDS Act of 2019''.

SEC. 402. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO 
              DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, 
              DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR 
              PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED 
              TERRITORIES.

    (a) State and Local Measures.--Notwithstanding any other provision 
of law, a State or local government may adopt and enforce measures that 
meet the requirements of subsection (c) to divest the assets of the 
State or local government from, prohibit investment of the assets of 
the State or local government in, or restrict contracting by the State 
or local government for goods and services with--
            (1) an entity that the State or local government 
        determines, using credible information available to the public, 
        knowingly engages in an activity described in subsection (b);
            (2) a successor entity or subunit of an entity described in 
        paragraph (1); or
            (3) an entity that owns or controls or is owned or 
        controlled by an entity described in paragraph (1).
    (b) Activities Described.--An activity described in this subsection 
is a commerce-related or investment-related boycott, divestment, or 
sanctions activity in the course of interstate or international 
commerce that is intended to penalize, inflict economic harm on, or 
otherwise limit commercial relations with Israel or persons doing 
business in Israel or Israeli-controlled territories for purposes of 
coercing political action by, or imposing policy positions on, the 
Government of Israel.
    (c) Requirements.--A State or local government that seeks to adopt 
or enforce a measure under subsection (a) shall meet the following 
requirements:
            (1) Notice.--The State or local government shall provide 
        written notice--
                    (A) in the case of a measure relating to divestment 
                or investment, to each entity to which the measure is 
                to be applied; and
                    (B) in the case of a measure relating to 
                contracting, of the restrictions imposed by the measure 
                to each prospective contractor before entering into a 
                contract.
            (2) Timing.--A measure relating to divestment or investment 
        shall apply to an entity not earlier than the date that is 90 
        days after the date on which written notice is provided to the 
        entity under paragraph (1).
            (3) Opportunity for comment.--In the case of a measure 
        relating to divestment or investment, the State or local 
        government shall provide an opportunity to comment in writing 
        to each entity to which the measure is to be applied. If the 
        entity demonstrates to the State or local government that 
        neither the entity nor any entity related to the entity as 
        described in paragraph (2) or (3) of subsection (a) has 
        knowingly engaged in an activity described in subsection (b), 
        the measure shall not apply to the entity.
            (4) Disclosure in contracting measures.--The State or local 
        government may require, in a measure relating to contracting, 
        that a prospective contractor disclose whether the prospective 
        contractor or any entity related to the prospective contractor 
        as described in paragraph (2) or (3) of subsection (a) 
        knowingly engages in any activity described in subsection (b) 
        before entering into a contract.
            (5) Sense of congress on avoiding erroneous targeting.--It 
        is the sense of Congress that a State or local government 
        should not adopt a measure under subsection (a) with respect to 
        an entity unless the State or local government has made every 
        effort to avoid erroneously targeting the entity and has 
        verified that the entity engages in an activity described in 
        subsection (b).
    (d) Notice to Department of Justice.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 30 days after adopting a measure described in 
        subsection (a), the State or local government that adopted the 
        measure shall submit written notice to the Attorney General 
        describing the measure.
            (2) Existing measures.--With respect to measures described 
        in subsection (a) adopted before the date of the enactment of 
        this Act, the State or local government that adopted the 
        measure shall submit written notice to the Attorney General 
        describing the measure not later than 30 days after the date of 
        the enactment of this Act.
    (e) Nonpreemption.--A measure of a State or local government that 
is consistent with subsection (a) is not preempted by any Federal law.
    (f) Prior Enacted Measures.--
            (1) In general.--Notwithstanding any other provision of 
        this section or any other provision of law, and except as 
        provided in paragraph (2), a State or local government may 
        enforce a measure described in subsection (a) adopted by the 
        State or local government before the date of the enactment of 
        this Act without regard to the requirements of subsection (c).
            (2) Application of notice and opportunity for comment.--
        Enforcement of a measure described in paragraph (1) shall be 
        subject to the requirements of subsection (c) on and after the 
        date that is 2 years after the date of the enactment of this 
        Act.
    (g) Rules of Construction.--
            (1) Authority of states.--Nothing in this section shall be 
        construed to abridge the authority of a State to issue and 
        enforce rules governing the safety, soundness, and solvency of 
        a financial institution subject to its jurisdiction or the 
        business of insurance pursuant to the Act of March 9, 1945 (59 
        Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known 
        as the ``McCarran-Ferguson Act'').
            (2) Policy of the united states.--Nothing in this section 
        shall be construed to alter the established policy of the 
        United States concerning final status issues associated with 
        the Arab-Israeli conflict, including border delineation, that 
        can only be resolved through direct negotiations between the 
        parties.
    (h) Definitions.--In this section:
            (1) Assets.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``assets'' means any pension, retirement, 
                annuity, or endowment fund, or similar instrument, that 
                is controlled by a State or local government.
                    (B) Exception.--The term ``assets'' does not 
                include employee benefit plans covered by title I of 
                the Employee Retirement Income Security Act of 1974 (29 
                U.S.C. 1001 et seq.).
            (2) Entity.--The term ``entity'' includes--
                    (A) any corporation, company, business association, 
                partnership, or trust; and
                    (B) any governmental entity or instrumentality of a 
                government, including a multilateral development 
                institution (as defined in section 1701(c)(3) of the 
                International Financial Institutions Act (22 U.S.C. 
                262r(c)(3))).
            (3) Investment.--The term ``investment'' includes--
                    (A) a commitment or contribution of funds or 
                property;
                    (B) a loan or other extension of credit; and
                    (C) the entry into or renewal of a contract for 
                goods or services.
            (4) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (5) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, the United States Virgin Islands, and any 
        other territory or possession of the United States.
            (6) State or local government.--The term ``State or local 
        government'' includes--
                    (A) any State and any agency or instrumentality 
                thereof;
                    (B) any local government within a State and any 
                agency or instrumentality thereof; and
                    (C) any other governmental instrumentality of a 
                State or locality.

SEC. 403. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET 
              MANAGERS.

    Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 
80a-13(c)(1)) is amended--
            (1) in subparagraph (A), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) knowingly engage in any activity described in 
                section 402(b) of the Combating BDS Act of 2019.''.

SEC. 404. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS.

    It is the sense of Congress that--
            (1) a fiduciary of an employee benefit plan, as defined in 
        section 3(3) of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid 
        investing plan assets in, any person the fiduciary determines 
        knowingly engages in any activity described in section 2(b), 
        if--
                    (A) the fiduciary makes that determination using 
                credible information that is available to the public; 
                and
                    (B) the fiduciary prudently determines that the 
                result of that divestment or avoidance of investment 
                would not be expected to provide the employee benefit 
                plan with--
                            (i) a lower rate of return than alternative 
                        investments with commensurate degrees of risk; 
                        or
                            (ii) a higher degree of risk than 
                        alternative investments with commensurate rates 
                        of return; and
            (2) by divesting assets or avoiding the investment of 
        assets as described in paragraph (1), the fiduciary is not 
        breaching the responsibilities, obligations, or duties imposed 
        upon the fiduciary by subparagraph (A) or (B) of section 
        404(a)(1) of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1104(a)(1)).

SEC. 405. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to infringe upon any right 
protected under the First Amendment to the Constitution of the United 
States.
                                 <all>