Bills
| 3.23.22

New Sanctions on Assad, Strengthening U.S. Alliances With Israel & Jordan, and Combating the BDS Movement (H.R. 336)

Do you support or oppose this bill?

What is H.R. 336?

(Updated July 18, 2019)

This bill — the Strengthening America’s Security in the Middle East Act of 2019 — would aim to improve U.S. defense and security policies in the Middle East. It’d authorize security assistance to Israel over a 10-year period based on a 2016 Memorandum of Understanding, reauthorize defense cooperation between the U.S. and Jordan, provide new authorities for sanctions against the Assad regime in Syria, and give state and local governments tools to counter the anti-Israel boycott, divestment, and sanctions (BDS) movement. A breakdown of its various provisions can be found below.

Ileana Ros-Lehtinen U.S.-Israel Security Assistance Authorization Act

This section of the bill would codify the 2016 memorandum of understanding signed by Israel and the U.S. guaranteeing Israel $38 billion in defense assistance over 10 years. It’d also commit the U.S. to support Israel’s ability to meet and address both conventional and emerging threats and enhances U.S.-Israel cooperation in areas of mutual interest, such as cyber-security.

Other major provisions of this section would:

  • Authorize U.S. security assistance for Israel, as called for in the 2016 U.S.-Israel Memorandum of Understanding on security assistance, through 2028 at an amount of at least $3.3 billion;

  • Extend authorization for loan guarantees to Israel through 2023;

  • Extend authorization for the U.S. War Reserve Stockpile in Israel through 2023;

  • Authorize the president to transfer precision-guided munitions to Israel for its defense;

  • Direct the president to take steps to add Israel to the list of countries eligible for the Strategic Trade Authorization Exception from the Export Administration Regulations;

  • Direct the National Aeronautics and Space Administration (NASA) Administrator to work with the Israel Space Agency to identify and cooperatively pursue peaceful space exploration and science initiatives in areas of mutual interest;

  • Direct the U.S. Agency for International Development (USAID) to partner with Israel to advance common goals across a 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, and authorizes the USAD Administrator to enter memoranda of understanding with Israel for this coordination;

  • Authorize the president to enter a cooperative project agreement with Israel to research, develop, test, evaluate, jointly product, and support defense articles and defense services to destroy unmanned aerial vehicles (UAVs) that threaten either the U.S. or Israel; and

  • Affirm America’s commitment to ensuring that Israel maintains its qualitative military edge, which means maintaining Israel’s ability to counter and defeat any credible threat from any individual state, coalition of states, or non-state actors while sustaining minimal damages and casualties via the use of superior military means.

This section of the bill is named after former Rep. Ileana Ros-Lehtinen (R-FL), who retired at the end of the 115th Congress.

U.S.-Jordan Defense Cooperation Extension Act

This section of the bill would extend the country of Jordan’s eligibility for streamlined defense sales until December 31, 2022 that was first granted by the U.S.-Jordan Defense Cooperation Act of 2015.

It would also express the sense of Congress that the U.S. and Jordan should negotiate a new Memorandum of Understanding through FY2022 to enhance Jordan’s military capacity and local economy.

The president would be authorized to establish and operate an enterprise fund to provide the assistance, which would terminate upon liquidation or December 31, 2022 — whichever comes first.

Caesar Syria Civilian Protection Act

This section of the bill would impose new sanctions on supporters of the Assad regime in Syria, encourage negotiations to end the crisis, and begin investigations that will eventually lead to the prosecution of war criminals. It’d impose new sanctions on anyone who:

  • Does business with or provides financing to the Syrian government, its intelligence or security services, or the Central Bank of Syria;

  • Provides aircraft or spare parts (or financing for either) to Syria’s airlines;

  • Does business with transportation or telecommunications businesses controlled by the Syrian government;

  • Supports Syria’s energy industry.

The president would be able to waive sanctions on a case-by-case basis. Sanctions could also be suspended if the parties to the conflict engage in meaningful negotiations and the violence against civilians has ceased. The suspension would be renewable if it is critical to the continuation of negotiations and attacks against civilians have ceased.

The Secretary of State would be authorized to support entities that are collecting and preserving evidence for the eventual prosecution of those who committed war crimes and crimes against humanity in Syria. The president would be required to give Congress a report with the names of those who are responsible for or are complicit with violating the human rights of the Syrian people.

The bill would also require the president to submit a report on the potential effectiveness, risks, and operational requirements of establishing and maintaining a no-fly zone or safe zone over part or all of Syria.

Combating BDS Act

This section of the bill would allow a state or local government to adopt and enforce measures to divest its assets from, prohibit investment of its assets in, or restrict contracting with:

  • An entity engaged in a commerce- or investment-related boycott, divestment, or sanctions (BDS) activity targeting Israel; or

  • An entity that owns or controls, or is owned or controlled by, or is under common ownership with such an entity.

Such state or local measures wouldn’t be preempted by federal law. States and local governments that try to adopt or enforce such measures would have to comply with requirements for notice, timing, and opportunity for comment.

Further, this section of the bill would amend the Investment Company Act to prohibit a person from bringing a civil, criminal, or administrative action against a registered investment company based solely upon that company’s divestment from securities issued by a person engaged in a commerce- or investment-related BDS activity targeting Israel.

Other Provisions

This bill would express the sense of Congress that: 

  • The U.S. and its partners have played a positive role in Syria and Afghanistan by fighting terrorist groups, countering Iranian aggression, deterring further use of chemical weapons, and protecting human rights;
  • A precipitous withdrawal of U.S. forces from the ongoing fight without effective countervailing efforts to secure gains could allow terrorists to regroup and destabilize these regions and create a vacuum which could be filled by Russia or Iran;
  • Diplomatic negotiations to secure peace and reconciliation in Syria and Afghanistan are gaining traction but are fragile;
  • The Trump administration should “pursue a strategy that sets the conditions for the long-term defeat of al Qaeda and ISIS, as well as the protection of regional partners and allies, while ensuring that Iran cannot dominate the region or threaten Israel;”
  • The administration should certify those conditions for the enduring defeat of al Qaeda and ISIS are met before any significant U.S. withdrawal; and
  • That nothing in this bill could be construed as authorizing the use of military force under the War Powers Resolution.

Argument in favor

This bipartisan bill would enact new sanctions on the Assad regime for its crimes against the Syrian people, strengthen the security alliances between the U.S. two of its closest allies in the Middle East in Israel and Jordan, while also giving state and local governments tools to counter the anti-Israel BDS movement.

Argument opposed

While the four aspects of U.S. policy in the Middle East addressed by this bill may have bipartisan support, they should be considered as individual bills rather than combined into one piece of legislation.

Impact

Syrian civilians; the Assad regime; U.S. persons or entities involved in the BDS movement; state and local governments; the governments of Israel & Jordan; relevant federal agencies; Congress; and the president.

Cost of H.R. 336

A CBO cost estimate is unavailable.

Additional Info

In Depth: Rep. Michael McCaul (R-TX) introduced this bill to support important American allies Israel and Jordan. In a letter to his Congressional colleagues seeking cosponsors for this bill, he wrote: 

"We ask you to join us in advancing these important measures to support our partners Israel and Jordan and to increase pressure against the murderous Assad regime and its backers."

Senate sponsor Sen. Marco Rubio (R-FL) introduced this bill to improve U.S. secrurity partnerships with allies like Israel and Jordan, step up sanctions on the Assad regime, and counter the anti-Israel BDS movement:

“It is in America’s national security interests to ensure that our allies in the Middle East like Israel and Jordan remain secure amid the region’s growing destabilizing threats posed by Iran and Syria’s Assad regime. This important bill will also impose new sanctions against the Assad regime and its supporters who continue to commit horrific human rights violations against the Syrian people.”

Original Senate cosponsor Sen. Cory Gardner (R-CO) added:

“I am proud to sponsor this legislation, which enhances our alliances in the Middle East, condemns the heinous human rights abuses of the Assad regime, and takes a strong stance against the anti-Israel and anti-Semitic BDS movement. This bill greatly enhances our national security and I urge its quick and bipartisan passage into law.”

Sen. Bernie Sanders (I-VT) expressed opposition to this bill, tweeting:

"It's absurd that the first bill during the shutdown is legislation which punishes Americans who exercise their constitutional right to engage in political activity. Democrats must block consideration of any bills that don't reopen the government. Let's get our priorities right."

Rubio then took to Twitter to rebut Sanders' claim:

"This is a lie. My bill doesn't punish any political activity. It protects the right of local & state govts that decide to no longer do business with those who boycott Israel. So boycotting #Israel is a constitutional right, but boycotting those participating in #BDS isn't?"

This legislation contains four bills that nearly became law with bipartisan support during the previous Congress:

  • Differing versions of the United States-Israel Security Authorization Assistance Act passed the House and Senate on voice votes, and it's sponsored by Sens. Rubio and Chris Coons (D-DE).

  • The United States-Jordan Defense Cooperation Act passed the House on a voice vote and was advanced out of the Senate Foreign Relations Committee in the last Congress when it was sponsored by Reps. Ileana Ros-Lehtinen (R-FL) and Ted Deutch (D-FL).

  • Similarly, the Caesar Syria Civilian Protection Act passed the House on a voice vote and was approved by the Senate Foreign Relations Committee. It was sponsored by the leaders of the House Foreign Affairs Committee in the 115th Congress: Chairman Ed Royce (R-CA) and Ranking Member Eliot Engel (D-NY).

  • And the Senate Banking Committee hotlined (ie both parties informally approved) the Combating BDS Act, sponsored by Sens. Rubio and Joe Manchin (D-WV).

This bill has 58 Republican cosponsors and is the subject of a discharge petition by Rep. Brian Mast (R-FL). More information on the discharge petition is below.

This bill's Senate companion (S.1) passed the Senate by a 77-23 vote earlier this year with the support of three cosponsors, including Gardner and Sens. Mitch McConnell (R-KY) and Roy Blunt (R-MO). Of the 23 "no" Senate votes, 23 were Democrats. The Federalist observes: 

"The package of four bills shouldn’t have been controversial, but in the current political climate, the Combating BDS Act of 2019 made it so. Democrats have had a growing generational divide on Israel for some time, but it has generally not had much of a legislative impact — until now. The boycott, divestment, and sanctions movement (BDS), which seeks to isolate and delegitimize Israel, has become politically complicated for Democrats."

Because House Speaker Rep. Nancy Pelosi (D-CA) has yet to bring this bill to a House vote (presumably because it'd divide her caucus, as the Senate bill did the Senate Democrats), Rep. Brian Mast (R-FL) introduced a discharge petition for this bill in May 2019. This parliamentary procedure would allow Republicans to force the Democratic majority to vote on this bill after collecting 218 signatures. 

After Rep. Mast introduced his discharge petition, Rep. McCaul said: 

“One of the first bills I introduced in January as the Lead Republican on the Foreign Affairs Committee was this legislation. We had a companion bill that was introduced in the Senate that had such a high priority it was the first bill that they passed, S.1. McConnell made it such a priority and 77 senators voted for it, as the Leader said, including Chuck Schumer. Frankly, I thought this bill would have been marked up months ago out of the Foreign Affairs Committee. But, sadly, that has not happened. And I think as was stated about the attacks on Israel – over 600 rocket attacks in the last two weeks against Israel. This bill is about BDS, but it’s also about a lot more – it’s about our Israeli assistance and security package. Over $30 billion over the next ten years to support the State of Israel, our longtime ally. It’s about supporting our allies and defeating our enemies like Iran and Russia. It’s also about sanctioning Assad and his brutal regime that are killing children and civilians as I speak in Syria. And finally, it’s about Jordan. Jordan has been our steadfast ally in the region under very difficult circumstances in a very dangerous neighborhood, and it allows us to have a security defense cooperation with the country of Jordan – King Abdullah who has been such an ally to us. As I said, this should have been marked up months ago. To me that’s sad. It’s unfortunate, when it was the first bill priority in the Senate, had so much bipartisan support, and yet we cannot move it forward here in the house. That is why we are choosing to move my bill forward with Congressman Mast’s discharge petition to get it to the Floor for a vote. I would encourage all Democrats to stand up – there were over 30 Democrats [to support] this bill – we can pass it if they stand up for Israel and do the right thing. And let me just end with this... I cannot understand this anti-Semitism rhetoric that is coming out in the American people’s House. Anti-Semitism has no place in this House, it has no place in America, and it has no place in the world." 

Media:

Summary by Eric Revell

(Photo Credit: iStock.com / Juanmonino)