Protect Against Conflict by Turkey Act or the PACT Act
This bill addresses Turkey's military invasion of northern Syria.
The President shall impose visa- and asset-blocking sanctions on specific Turkish officials connected to the invasion. The Department of State shall report on (1) other Turkish officials involved with the invasion; and (2) foreign persons that knowingly provided defense articles, services, or technology to Turkey that could be used in the invasion. Such foreign persons shall also be subject to visa- and asset-blocking sanctions.
The President shall impose financial sanctions on the large Turkish state-owned bank known as Halkbank and on any foreign financial institutions that the State Department determines to have knowingly facilitated significant transactions for the Turkish Armed Forces or Turkey's defense industry related to the invasion.
The President shall impose sanctions on Turkey's government pursuant to the Countering America's Adversaries Through Sanctions Act.
A U.S. defense article, service, or technology may not be transferred to Turkey's government if it (1) is covered under the Arms Export Control Act, and (2) may be used by Turkey in military operations in northern Syria. The President may not exercise certain emergency waiver authority in relation to this prohibition.
Certain Syrians, including Syrian Kurds who have partnered with the U.S. government in Syria, shall be (1) designated as Priority 2 refugees of special humanitarian concern, and (2) exempt from various numerical limitations under immigration law.
The bill calls for various reports, including on (1) the national-security impact of the invasion, and (2) the net worth of Turkish President Tayyip Erdogan and his family.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4695 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4695
To impose sanctions with respect to Turkey, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 16, 2019
Mr. Engel (for himself and Mr. McCaul) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on Financial Services, Oversight and Reform, Ways and
Means, the Judiciary, 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 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 ``Protect Against Conflict by Turkey
Act'' or the ``PACT Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States and Turkey have been treaty allies
since 1952, when Turkey became a member of the North Atlantic
Treaty Organization (NATO);
(2) being a NATO member means that Turkey is treaty bound
to safeguard the principles of democracy, individual liberty,
and the rule of law, and importantly, should be united with
other NATO allies in efforts for collective defense and the
preservation of peace and security;
(3) Turkey's military invasion of northern Syria on October
9, 2019, is an unacceptable and unnecessary escalation of
tensions with the potential to cause a severe humanitarian
crisis and undo the collective gains made in the fight against
the Islamic State of Iraq and Syria (ISIS) by the United States
and the 81 countries and organizations of Global Coalition to
Defeat ISIS, including NATO and the European Union (EU);
(4) Turkey should immediately cease attacks against the
Syrian Democratic Forces, Kurdish and Arab civilians, and other
religious and ethnic minority communities in northern Syria and
recall its forces back to Turkey;
(5) targeted sanctions against Turkey are an appropriate
response in order for Turkey to be held accountable for its
military invasion of northern Syria;
(6) Turkey's military invasion of northern Syria is the
latest example of the weakening and problematic United States-
Turkey bilateral relationship and undermines the security of
the United States and its NATO allies, including that of
Turkey; and
(7) the Syrian Democratic Forces (SDF) have been critical
partners to the United States and allied counter-ISIS and
broader counterterrorism efforts in Syria.
SEC. 3. SANCTIONS AGAINST SENIOR TURKISH OFFICIALS.
(a) In General.--Not later than 15 days after the date of the
enactment of this Act, the President shall impose the sanctions
described in section 11 with respect to the following foreign persons
in connection with Turkey's military invasion of northern Syria on
October 9, 2019:
(1) The Minister of National Defense of Turkey.
(2) The Chief of the General Staff of the Turkish Armed
Forces.
(3) The Commander of the 2nd Army of the Turkish Armed
Forces.
(4) The Minister of Treasury and Finance of Turkey.
(b) Additional Sanctions.--
(1) List.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense and the Director of National
Intelligence, shall submit to the President and appropriate
congressional committees a list of the following foreign
persons in connection with Turkey's military invasion of
northern Syria on October 9, 2019:
(A) Senior Turkish defense officials involved in
the decision to invade northern Syria.
(B) Senior Turkish military officials leading
attacks against the Syrian Democratic Forces, Kurdish
and Arab civilians, or other religious or ethnic
minority communities in northern Syria.
(C) Turkish officials significantly facilitating
Turkey's military invasion of northern Syria.
(D) Any Turkish official or member of the Turkish
Armed Forces who is responsible for, complicit in, or
has directly or indirectly engaged, or has attempted to
engage in any of the following relating to Turkey's
invasion of northern Syria:
(i) A violation of the law of armed
conflict.
(ii) A gross violation of internationally
recognized human rights.
(2) Updates.--The list required under paragraph (1) shall
be updated every 60 days, until the sanctions under this
section are terminated in accordance with section 7.
(3) Imposition.--Not later than 15 days after submission of
the list required under paragraph (1) and each update relating
thereto in accordance with paragraph (2), the President shall
impose the sanctions described in section 11 with respect to
foreign persons identified in such list and related updates.
SEC. 4. PROHIBITION ON ARMS TRANSFERS TO TURKISH MILITARY UNITS IN
SYRIA.
(a) Prohibition.--No United States defense articles, defense
services, or technology under the Arms Export Control Act (22 U.S.C.
2751 et seq.) may be transferred to the Government of Turkey if such
articles, services, or technology could be used in operations by the
Turkish Armed Forces in northern Syria.
(b) Exception.--The prohibition under subsection (a) shall not
apply to transfers for ultimate end use by the United States military
or in military operations approved by the North Atlantic Treaty
Organization.
(c) No Use of Emergency Authority.--The authority of the President
to waive statutory congressional review periods under the Arms Export
Control Act in cases in which an emergency exists shall not apply to
the transfer of defense articles, defense services, or technology to
the Government of Turkey.
SEC. 5. SANCTIONS AGAINST FOREIGN PERSONS PROVIDING ARMS TO TURKISH
ARMED FORCES IN SYRIA.
(a) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Defense and the Director of National Intelligence, shall submit to
the President and appropriate congressional committees a list of any
foreign persons determined to knowingly have provided, on or after such
date of enactment, defense articles, defense services, or technology to
the Government of Turkey if such articles, services, or technology
could be used in operations by the Turkish Armed Forces in northern
Syria. Such list shall be updated every 60 days or as new information
becomes available, until the sanctions under this section are
terminated in accordance with section 7.
(b) Sanctions.--The President shall impose the sanctions described
in section 11 with respect to any foreign persons identified on the
list and related updates required under subsection (a).
(c) Exception.--The sanctions imposed pursuant to this section
shall not apply to transfers for ultimate end use by the United States
military or in military operations approved by the North Atlantic
Treaty Organization.
(d) Waiver.--
(1) In general.--The President may waive, on a case-by-case
basis and for a period of not more than 90 days, the imposition
of sanctions under this section with respect to a foreign
person if the President determines it is important to the
national security interests of the United States to do so and,
not later than 15 days before issuing such a waiver, submits to
the appropriate congressional committees a justification
relating to such determination.
(2) Renewal of waivers.--The President may, on a case-by-
case basis, renew a waiver under paragraph (1) for an
additional period of not more than 90 days if, not later than
15 days before such a waiver expires, the President determines
it is important to the national security interests of the
United States to do so and submits to the appropriate
congressional committees a justification relating to such
determination.
SEC. 6. TARGETED FINANCIAL SANCTIONS.
(a) Halk Bankas( or Halkbank.--Not later than 15 days after the
date of enactment of this Act, the President shall impose the sanctions
described in section 11(1) with respect to Halk Bankas( or Halkbank or
any successor entity thereof.
(b) Financial Institutions.--If the Secretary of State, in
consultation with the Secretary of Defense, Secretary of Treasury, and
Director of National Intelligence, determines that any financial
institution, in addition to the financial institutions specified in
subsection (a), has knowingly facilitated significant transactions for
the Turkish Armed Forces or defense industry relating to Turkey's
invasion of northern Syria, the President shall, not later than 60 days
after any such determination, impose the sanctions described in section
11(1) with respect to any such financial institution.
SEC. 7. TERMINATION AUTHORITY.
(a) Sections 3, 4, and 5.--The authority to impose sanctions under
sections 3 and 5 (and the sanctions imposed pursuant to such sections)
and the prohibitions under section 4 shall terminate if the President
determines and submits to the appropriate congressional committees a
finding that--
(1) Turkey has halted attacks against the Syrian Democratic
Forces, Kurdish and Arab civilians, and other religious and
ethnic minority communities in northern Syria;
(2) Turkish forces not involved in coordinated operations
with NATO allies or the Global Coalition to Defeat ISIS have
withdrawn from northern Syria; and
(3) Turkey is not hindering counter-terrorism operations
against ISIS.
(b) Section 6.--The authority to impose financial sanctions under
section 6 (and the sanctions imposed pursuant to such section) shall
terminate if the President determines and submits to the appropriate
congressional committees the finding described in subsection (a)(1).
SEC. 8. 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 five 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. 9. PLANS AND REPORTS TO ADDRESS NATIONAL SECURITY THREATS CAUSED
BY TURKEY'S INVASION OF NORTHERN SYRIA.
Not later than 60 days after the date of the enactment of this
Act--
(1) the Secretary of Defense shall submit to the
appropriate congressional committees--
(A) a plan to ensure that ISIS detainees and
families held in Syria remain under proper custody and
do not threaten United States security interests; and
(B) a report on the impact that the Turkish
invasion is having on counterterrorism operations in
Syria and a plan for how to adapt counter-ISIS
operations in light of such impacts; and
(2) the Secretary of State shall submit to the appropriate
congressional committees a plan for how the United States will
assist the Syrian Democratic Forces, Kurdish and Arab
civilians, and other religious and ethnic minority communities
affected by Turkey's invasion of northern Syria.
SEC. 10. REPORT ON NET WORTH OF PRESIDENT RECEP TAYYIP ERDOGAN.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the Secretary of the
Treasury and the Director of National Intelligence, shall submit to the
appropriate congressional committees a report on the estimated net
worth and known sources of income of Turkish President Recep Tayyip
Erdogan and his family members (including spouse, children, parents,
and siblings), including assets, investments, other business interests,
and relevant beneficial ownership information.
SEC. 11. SANCTIONS DESCRIBED.
The sanctions described in this section are the following:
(1) Asset blocking.--The President shall exercise all of
the powers granted by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (except that the
requirements of section 202 of such Act (50 U.S.C. 1701) shall
not apply) to the extent necessary to block and prohibit all
transactions in all property and interests in property of a
person if such property and interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
(2) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--A foreign person
is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--The visa or other entry
documentation of a foreign person shall be revoked,
regardless of when such visa or other entry
documentation is or was issued. A revocation under this
subparagraph shall take effect immediately and
automatically cancel any other valid visa or entry
documentation that is in the foreign person's
possession.
(C) Exception to comply with united nations
headquarters agreement.--Sanctions under this paragraph
shall not apply to an individual if admitting such
individual into the United States is necessary to
permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into
force November 21, 1947, between the United Nations and
the United States, or other applicable international
obligations of the United States.
SEC. 12. IMPLEMENTATION.
(a) In General.--The President--
(1) 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; and
(2) shall issue such regulations, licenses, and orders as
are necessary to carry out this Act.
(b) 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 any person who violates, attempts to
violate, conspires to violate, or causes a violation of any prohibition
of this Act, or an order or regulation prescribed under this Act, to
the same extent that such penalties apply to a person that commits an
unlawful act described in subsection (a) of that section.
SEC. 13. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(1) In general.--The authorities and requirements to impose
sanctions under this Act or any amendments made by this Act
shall not include the authority or requirement to impose
sanctions on the importation of goods.
(2) Good defined.--In this section, 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.
SEC. 14. HUMANITARIAN WAIVER.
The President may waive the application of any provision of this
Act for the purpose of providing humanitarian assistance if the
President certifies to the appropriate congressional committees that
such a waiver is important to address a humanitarian need and
consistent with the national security interests of the United States,
not later than 15 days before issuing such a waiver, the President
submits to such committees a justification relating to such
determination.
SEC. 15. DEFINITIONS.
In this Act:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given such terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given such term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(5) 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.
(6) 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. 16. SUNSET.
This Act shall terminate on the date that is three years after the
date on which sanctions imposed pursuant to this Act have terminated.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Reform, Ways and Means, the Judiciary, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Reform, Ways and Means, the Judiciary, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Reform, Ways and Means, the Judiciary, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Reform, Ways and Means, the Judiciary, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Reform, Ways and Means, the Judiciary, 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.
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Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Reform, Ways and Means, the Judiciary, 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.
Mr. Engel moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8568-8576)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4695.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H8584-8585)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 403 - 16 (Roll no. 592).(text: CR H8568-8571)
Roll Call #592 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 403 - 16 (Roll no. 592). (text: CR H8568-8571)
Roll Call #592 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.