[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2644 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 249
116th CONGRESS
  1st Session
                                S. 2644

  To impose sanctions with respect to Turkey, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2019

Mr. Graham (for himself, Mr. Van Hollen, Ms. Ernst, Mr. Blumenthal, Mr. 
  Toomey, Mr. Coons, Mrs. Blackburn, Mrs. Shaheen, Mr. Alexander, Ms. 
    Duckworth, Mr. Portman, Ms. Hassan, Mr. Romney, Mr. Carper, Ms. 
Collins, and Ms. Sinema) introduced the following bill; which was read 
                             the first time

                            October 21, 2019

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To impose sanctions with respect to Turkey, 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.

    This Act may be cited as the ``Countering Turkish Aggression Act of 
2019''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the decision to pull back United States troops along 
        the Turkey-Syria border area has grave consequences for the 
        national security of the United States and allies and partners 
        of the United States;
            (2) the President of Turkey, Recep Tayyip Erdogan, should 
        immediately cease unilateral military action in Northeast Syria 
        and respect existing agreements related to Syria;
            (3) the United States should continue to support the Syrian 
        Kurdish communities, who have been key partners of the United 
        States in the ongoing fight the Islamic State of Iraq and 
        Syria; and
            (4) the President should--
                    (A) call on Turkey to end its offensive operations 
                against the Syrian Kurds and return to the framework 
                agreement between the United States and Turkey to 
                establish a safe zone along the Turkish-Syrian border;
                    (B) withdraw the invitation for the President of 
                Turkey, Recep Tayyip Erdogan, to travel to the United 
                States for meetings at the White House; and
                    (C) seek unity with European and other key partners 
                to condemn Turkey's military offensive in northeastern 
                Syria.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) 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.
            (2) Foreign financial institution.--The term ``foreign 
        financial institution'' has the meaning given that term in 
        regulations prescribed by the Secretary of the Treasury.
            (3) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (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) 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.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO TURKEY.

    (a) In General.--On and after the date of the enactment of this 
Act, the President shall--
            (1) impose the sanctions described in subsection (c) with 
        respect to--
                    (A) each official of the Government of Turkey 
                described in subsection (b);
                    (B) any foreign person that the President 
                determines knowingly sells or provides financial, 
                material, or technological support to, or knowingly 
                conducts a transaction with, the Turkish Armed Forces, 
                including--
                            (i) aircraft or aircraft parts or machinery 
                        used by the Turkish Air Force;
                            (ii) automotive equipment and services used 
                        by the Turkish Land and Naval Forces; and
                            (iii) defense articles, services, 
                        technology, or materials used by the Turkish 
                        Armed Forces; or
                    (C) any foreign person that the President 
                determines knowingly supplies goods, services, 
                technology, information, or other support that 
                maintains or supports the production of crude oil, 
                natural gas, or refined petroleum or natural gas 
                products, in Turkey for use by the Turkish Armed 
                Forces; and
            (2) prohibit any United States person from engaging in any 
        transaction with a person described in paragraph (1).
    (b) Officials Described.--An official of the Government of Turkey 
described in this subsection is any of the following:
            (1) The President of Turkey.
            (2) The Vice President of Turkey.
            (3) The Minister of National Defense of Turkey.
            (4) The Minister of Foreign Affairs of Turkey.
            (5) The Minister of Treasury and Finance of Turkey.
            (6) The Minister of Trade of Turkey.
            (7) The Minister of Energy and Natural Resources of Turkey.
            (8) The Chief of the National Intelligence Organization of 
        Turkey.
    (c) Sanctions Described.--The sanctions described in this 
subsection are the blocking and prohibiting, pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
of all transactions in property and interests in property of a person 
subject to subsection (a) if such property and interests in property 
are in the United States, come within the United States, or come within 
the possession or control of a United States person.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS 
              THAT FACILITATE TRANSACTIONS FOR TURKISH ARMED FORCES.

    (a) In General.--On and after the date of the enactment of this 
Act, the President shall--
            (1) impose the sanctions described in section 4(c) with 
        respect to Turkiye Halk Bankasi AS or any successor entity; and
            (2) prohibit any United States person from engaging in any 
        transaction with Turkiye Halk Bankasi AS or any successor 
        entity.
    (b) Addition Financial Institutions.--If the Secretary of the 
Treasury, in consultation with the Secretary of State, the Secretary of 
Defense, 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 Turkish Armed Forces or defense industry in Turkey relating to the 
military operations of Turkey in Syria, the President shall, not later 
than 60 days after that determination--
            (1) impose the sanctions described in section 4(c) with 
        respect to that financial institution; and
            (2) prohibit any United States person from engaging in any 
        transaction with that financial institution.

SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO ENERGY PRODUCTION IN 
              SYRIA.

    On and after the date of the enactment of this Act, the President 
shall--
            (1) impose the sanctions described in section 4(c) with 
        respect to any foreign person that knowingly sells or provides 
        significant goods, services, technology, information, or other 
        support that significantly facilitates the maintenance or 
        expansion of the production of natural gas, petroleum, or 
        petroleum products in Syria for use by the Russian Federation, 
        Iran, Turkey, or the Government of Syria; and
            (2) prohibit any United States person from engaging in any 
        transaction with a person described in paragraph (1).

SEC. 7. IMPOSITION OF CAATSA SECTION 231 SANCTIONS AGAINST TURKEY.

    (a) Determination.--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 Russian S-400 air and missile 
defense system beginning July 12, 2019, shall be considered to be a 
significant transaction described in such section.
    (b) 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.

SEC. 8. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE.

    (a) Prohibition.--No funds may be obligated or expended to sell or 
transfer any United States defense articles, services, technology, or 
materials or ammunition to the Turkish Armed Forces.
    (b) No Use of Emergency Authorities.--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.

SEC. 9. PROHIBITION ON PURCHASES OF TURKISH SOVEREIGN DEBT BY UNITED 
              STATES PERSONS.

    The President shall prescribe regulations prohibiting any United 
States person from purchasing sovereign debt of the Government of 
Turkey.

SEC. 10. VISA RESTRICTIONS ON CERTAIN OFFICIALS OF THE GOVERNMENT OF 
              TURKEY.

    (a) In General.--The Secretary of State may not issue a visa to, 
and the Secretary of Homeland Security shall exclude from the United 
States, an official of the Government of Turkey described in section 
4(b).
    (b) Exception to Comply With International Obligations.--Subsection 
(a) shall not apply to the admission of an official described in 
section 4(b) if the admission of that official is necessary to comply 
with United States obligations under the Agreement between the United 
Nations and the United States of America regarding the Headquarters of 
the United Nations, signed at Lake Success June 26, 1947, and entered 
into force November 21, 1947, under the Convention on Consular 
Relations, done at Vienna April 24, 1963, and entered into force March 
19, 1967, or under other international agreements.

SEC. 11. REPORT ON NET WORTH OF RECEP TAYYIP ERDOGAN.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to Congress a report 
on the estimated net worth, known sources of income, and assets of the 
President of Turkey, Recep Tayyip Erdogan and his family members 
(including spouses, children, and siblings), including assets, 
investments, other business interests, and relevant beneficial 
ownership information.
    (b) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form but may include a classified annex.

SEC. 12. REPORT ON STRATEGY TO DEFEAT THE ISLAMIC STATE OF IRAQ AND 
              SYRIA.

    (a) Findings.--Congress makes the following findings:
            (1) The Syrian Democratic Forces (in this section referred 
        to as the ``SDF'') have been the closest and most effective 
        partner of the United States in the fight against the Islamic 
        State of Iraq and Syria (in this section referred to as 
        ``ISIS'') in Syria.
            (2) In a June 30, 2019, report of the lead inspector 
        general to Congress on Operation Inherent Resolve, the 
        Inspectors General of the Department of Defense, the Department 
        of State, and the United States Agency for International 
        Development reported that ``ISIS remains a threat in Iraq and 
        Syria'' and that ``[d]espite losing its territorial 
        `caliphate,' the Islamic State in Iraq and Syria solidified its 
        insurgent capabilities in Iraq and was resurging in Syria this 
        quarter''. The report estimated that ISIS has approximately 
        14,000 to 18,000 ``members'' in Iraq and Syria, including up to 
        3,000 foreigners.
            (3) That report also indicated that conditions at the Al 
        Hol camp in Syria provided ``uncontested conditions to spread . 
        . . ISIS ideology''. ISIS leader Abu Bakr al-Baghdadi has 
        called on supporters to break fighters out of Al Hol and other 
        detention facilities.
            (4) General Joseph Votel, who served as the Commander of 
        the United States Central Command from March 2016 to March 2019 
        and oversaw military operations in Iraq and Syria, has called 
        the alliance between the United States and Kurdish forces in 
        northeastern Syria ``one of our most successful partnerships'' 
        and called the Kurdish People's Protection Units ``the backbone 
        of the fighting force against ISIS in Syria''.
            (5) General Votel has also said, ``A possible invasion from 
        Turkey against the Kurdish elements of the SDF, coupled with a 
        hasty U.S. departure, now threaten to rapidly destabilize an 
        already fragile security situation in Syria's northeast.''.
            (6) The sudden withdrawal of United States forces made way 
        for Turkish offensive operations against the SDF. That 
        withdrawal has serious consequences for United States security, 
        including allowing allies and potential allies in 
        counterterrorism efforts to question the resolve and commitment 
        of the United States to its operations and allowing for the 
        continued resurgence of ISIS in the region as SDF forces defend 
        themselves against the Turkish offensive.
    (b) Report Required.--Not later than 30 days after the date of the 
enactment of this Act, the President shall submit to Congress a report 
on the strategy to counter the ISIS resurgence and stabilize the 
region, including ensuring the secure detention of captured ISIS 
fighters and stopping recruitment efforts in refugee camps.
    (c) Form of Report.--The report required by subsection (b) shall be 
submitted in unclassified form but may include a classified annex.

SEC. 13. REPORT ON UNITED STATES PERSONNEL IN TURKEY.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the President shall submit to Congress an 
interagency report assessing viable alternative military installations 
or other locations to host personnel and assets of the United States 
Armed Forces currently stationed at Incirlik Air Base in Turkey.
    (b) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form but may include a classified annex.

SEC. 14. EXCEPTIONS.

    (a) Support for People of Turkey.--This Act shall not apply with 
respect to--
            (1) the provision of humanitarian assistance (including 
        medical assistance) to the people of Turkey; or
            (2) efforts to promote democracy in Turkey, including 
        through providing election assistance.
    (b) Intelligence Activities.--
            (1) In general.--This Act shall not apply with respect to 
        activities subject to the reporting requirements under title V 
        of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), 
        or any authorized intelligence activities of the United States.
            (2) Requirement.--Activities carried out under the 
        exception under paragraph (1) may not be carried out in a 
        manner that provides the Government of Turkey with targeting 
        data regarding the location or disposition of Syrian Democratic 
        Forces.
    (c) Exception Relating to Importation of Goods.--
            (1) In general.--The authorities and requirements to impose 
        sanctions authorized under this Act shall not include the 
        authority or 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.

SEC. 15. IMPLEMENTATION; 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 Act.
    (b) Penalties.--A person that violates, attempts to violate, 
conspires to violate, or causes a violation of this Act or any 
regulation, license, or order issued to carry out this Act 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. 16. TERMINATION AUTHORITY.

    (a) In General.--The President may terminate the application of 
sanctions, prohibitions, restrictions, and penalties under this Act if 
the President certifies to the appropriate congressional committees 
that--
            (1) Turkey, and Syrian opposition groups supported by 
        Turkey, have halted attacks against the Syrian Kurdish 
        community and other communities affected by Turkish military 
        operations;
            (2) Turkish forces, and Syrian opposition groups supported 
        by Turkey, not involved in coordinated operations with members 
        of the North Atlantic Treaty Organization or the Global 
        Coalition to Defeat ISIS have withdrawn from all locations in 
        Syria that Turkey did not occupy before October 09, 2019; and
            (3) Turkey, and Syrian opposition groups supported by 
        Turkey, are not hindering counterterrorism operations against 
        ISIS.
    (b) Reimposition.--If Turkey violates paragraph (1), (2), or (3) of 
subsection (a) after the submission of a certification described in 
subsection (a), the President shall reimpose sanctions, prohibitions, 
restrictions, and penalties as described in this Act.
                                                       Calendar No. 249

116th CONGRESS

  1st Session

                                S. 2644

_______________________________________________________________________

                                 A BILL

  To impose sanctions with respect to Turkey, and for other purposes.

_______________________________________________________________________

                            October 21, 2019

            Read the second time and placed on the calendar