[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3874 Reported in Senate (RS)]
<DOC>
Calendar No. 376
118th CONGRESS
2d Session
S. 3874
To impose sanctions with respect to foreign support for terrorist
organizations in Gaza and the West Bank, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2024
Mr. Rubio (for himself, Ms. Rosen, and Mr. Hawley) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
May 7, 2024
Reported by Mr. Cardin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To impose sanctions with respect to foreign support for terrorist
organizations in Gaza and the West Bank, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Hamas and
Palestinian Islamic Jihad International Terrorism Support Prevention
Act of 2024''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Statement of policy.
<DELETED>Sec. 4. Imposition of sanctions with respect to foreign
persons and agencies and instrumentalities
of foreign states supporting Hamas, the
Palestinian Islamic Jihad, or any affiliate
or successor thereof.
<DELETED>Sec. 5. Imposition of sanctions with respect to foreign
governments that provide material support
for the terrorist activities of Hamas, the
Palestinian Islamic Jihad, or any affiliate
or successor thereof.
<DELETED>Sec. 6. Report on activities of foreign countries to disrupt
global fundraising, financing, and money
laundering activities of Hamas, the
Palestinian Islamic Jihad, or any affiliate
or successor thereof.
<DELETED>Sec. 7. Miscellaneous provisions.
<DELETED>Sec. 8. Determination of budgetary effects.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Admitted.--The term ``admitted'' has the
meaning given that term in section 101(a)(13)(A) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(13)(A)).</DELETED>
<DELETED> (2) Agency or instrumentality of a foreign
state.--The term ``agency or instrumentality of a foreign
state'' has the meaning given that term in section 1603(b) of
title 28, United States Code.</DELETED>
<DELETED> (3) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives.</DELETED>
<DELETED> (4) Foreign person.--The term ``foreign person''
means--</DELETED>
<DELETED> (A) an individual who is not a United
States person; or</DELETED>
<DELETED> (B) a corporation, partnership, or other
nongovernmental entity that is not a United States
person.</DELETED>
<DELETED> (5) Material support.--The term ``material
support'' has the meaning given the term ``material support or
resources'' in section 2339A of title 18, United States
Code.</DELETED>
<DELETED> (6) Person.--The term ``person'' means an
individual or entity.</DELETED>
<DELETED> (7) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen or an alien
lawfully admitted for permanent residence to the United
States;</DELETED>
<DELETED> (B) an entity organized under the laws of
the United States or of any jurisdiction within the
United States, including a foreign branch of such an
entity; or</DELETED>
<DELETED> (C) a person in the United
States.</DELETED>
<DELETED>SEC. 3. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States--</DELETED>
<DELETED> (1) to prevent Hamas, the Palestinian Islamic
Jihad, or any affiliate or successor thereof from accessing its
international support networks;</DELETED>
<DELETED> (2) to oppose Hamas, the Palestinian Islamic
Jihad, or any affiliate or successor thereof from attempting to
use goods, including medicine and dual-use items, to smuggle
weapons and other materials to further acts of terrorism;
and</DELETED>
<DELETED> (3) to hold accountable Hamas, the Palestinian
Islamic Jihad, and their international support networks for
their attack against Israel on October 7, 2023.</DELETED>
<DELETED>SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
PERSONS AND AGENCIES AND INSTRUMENTALITIES OF FOREIGN
STATES SUPPORTING HAMAS, THE PALESTINIAN ISLAMIC JIHAD,
OR ANY AFFILIATE OR SUCCESSOR THEREOF.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall impose the sanctions
required under subsection (c) with respect to any foreign person and
any agency or instrumentality of a foreign state that the President
determines knowingly--</DELETED>
<DELETED> (1) assists in, sponsors, or provides significant
financial or material support for, or financial or other
services to or in support of any person described in subsection
(b); or</DELETED>
<DELETED> (2) directly or indirectly, materially engages in
a significant transaction with any person described in
subsection (b).</DELETED>
<DELETED> (b) Person Described.--</DELETED>
<DELETED> (1) In general.--A person described in this
subsection is a foreign person that the President determines--
</DELETED>
<DELETED> (A) is a senior member of Hamas, the
Palestinian Islamic Jihad, or any affiliate or
successor thereof;</DELETED>
<DELETED> (B) is a senior member of the Al-Aqsa
Martyr's Brigade, Lion's Den, or any other entity that
the President determines is part of the terrorist
infrastructure in the West Bank and Gaza;</DELETED>
<DELETED> (C) is a senior member of a foreign
terrorist organization designated pursuant to section
219 of the Immigration and Nationality Act (8 U.S.C.
1189) whose members directly or indirectly support any
of the activities of, knowingly engage in a significant
transaction with, or provide financial or material
support for Hamas, the Palestinian Islamic Jihad, any
affiliate or successor thereof, or any person described
in subparagraph (A) or (B); or</DELETED>
<DELETED> (D) knowingly provides or has provided
material assistance, financial or material support, or
goods or services that directly or indirectly supports
the terrorist activities of any foreign person
described in subparagraph (A) or (B).</DELETED>
<DELETED> (2) Requirement to issue guidance.--Not later than
60 days after the date of the enactment of this Act, and not
later than 180 days thereafter, the President shall issue
regulations or other guidance to identify the persons described
in this subsection.</DELETED>
<DELETED> (c) Sanctions Required.--</DELETED>
<DELETED> (1) Foreign persons.--With respect to a foreign
person subject to sanctions under subsection (a), the President
shall exercise all powers granted to the President 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 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.</DELETED>
<DELETED> (2) Agencies or instrumentalities of a foreign
state.--With respect to an agency or instrumentality of a
foreign state subject to sanctions under subsection (a), the
President shall impose 2 or more of the following:</DELETED>
<DELETED> (A) The President may direct the Export-
Import Bank of the United States not to give approval
to the issuance of any guarantee, insurance, extension
of credit, or participation in the extension of credit
in connection with the export of any goods or services
to the agency or instrumentality, and the Export-Import
Bank of the United States shall comply with any such
direction.</DELETED>
<DELETED> (B) The President may prohibit the sale of
any defense articles, defense services, or design and
construction services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.) to the agency or
instrumentality.</DELETED>
<DELETED> (C) The President may prohibit the
issuance of licenses for export of any item on the
United States Munitions List under section 38(a)(1) of
the Arms Export Control Act (22 U.S.C. 2778(a)(1)) that
include the agency or instrumentality as a party to the
license.</DELETED>
<DELETED> (D) The President may prohibit the export
of any goods or technologies controlled for national
security reasons under the Export Administration
Regulations under subchapter C of chapter VII of title
15, Code of Federal Regulations, or successor
regulations, to the agency or instrumentality, except
that such prohibition shall not apply to any
transaction subject to the reporting requirements of
title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.).</DELETED>
<DELETED> (E) The President may prohibit any United
States financial institution from making loans or
providing any credit or financing totaling more than
$10,000,000 to the agency or instrumentality, except
that this subparagraph shall not apply to--</DELETED>
<DELETED> (i) any transaction subject to the
reporting requirements of title V of the
National Security Act of 1947 (50 U.S.C. 3091
et seq.);</DELETED>
<DELETED> (ii) the provision of medicines,
medical equipment, and humanitarian assistance;
or</DELETED>
<DELETED> (iii) any credit, credit
guarantee, or financial assistance provided by
the Department of Agriculture to support the
purchase of food or other agricultural
commodities.</DELETED>
<DELETED> (F) The President may exercise all powers
granted to the President 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 the agency or
instrumentality if such property and interests in
property are in the United States, come within the
United States, or are or come within the possession or
control of a United States person.</DELETED>
<DELETED> (d) Congressional Nomination Determination With Respect to
Foreign Persons Subject to Sanctions.--Not later than 60 days after
receiving a request from the chairman and ranking member of one of the
appropriate congressional committees with respect to whether a foreign
person is subject to sanctions under subsection (a) pursuant to the
criteria set forth in that subsection, the President shall--</DELETED>
<DELETED> (1) determine if the person meets those criteria;
and</DELETED>
<DELETED> (2) submit a classified or unclassified report to
such chairman and ranking member with respect to the
determination under paragraph (1) that includes a statement of
whether or not the President has imposed or intends to impose
sanctions with respect to that person.</DELETED>
<DELETED> (e) Penalties.--</DELETED>
<DELETED> (1) In general.--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 knowingly violates, attempts to violate, conspires
to violate, or causes a violation of regulations prescribed
under section 7(b) to carry out paragraph (1) or (2)(F) of
subsection (c) to the same extent that such penalties apply to
a person that knowingly commits an unlawful act described in
section 206(a) of that Act.</DELETED>
<DELETED> (2) Authorities.--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 paragraphs
(1) and (2)(F) of subsection (c).</DELETED>
<DELETED> (f) Exception.--The President shall not be required to
impose sanctions under this section with respect to a foreign person or
an agency or instrumentality of a foreign state if the President
certifies in writing to the appropriate congressional committees that--
</DELETED>
<DELETED> (1) the foreign person or agency or
instrumentality (as the case may be)--</DELETED>
<DELETED> (A) is no longer carrying out activities
or transactions subject to sanctions under this
section; or</DELETED>
<DELETED> (B) has taken and is continuing to take
significant verifiable steps toward terminating
activities or transactions subject to sanctions under
this section; and</DELETED>
<DELETED> (2) the President has received reliable assurances
from the foreign person or agency or instrumentality (as the
case may be) that it will not carry out any activities or
transactions subject to sanctions under this section in the
future.</DELETED>
<DELETED> (g) Waiver.--</DELETED>
<DELETED> (1) In general.--The President may waive, on a
case-by-case basis and for a period of not more than 180 days,
a requirement under this section to impose or maintain
sanctions with respect to a foreign person or agency or
instrumentality of a foreign state if the President--</DELETED>
<DELETED> (A) determines that the waiver is in the
national security interest of the United States;
and</DELETED>
<DELETED> (B) not less than 30 days before the
waiver takes effect, submits to the appropriate
congressional committees a report on the waiver and the
justification for the waiver.</DELETED>
<DELETED> (2) Renewal of waiver.--The President may, on a
case-by-case basis, renew a waiver under paragraph (1) for
additional periods of not more than 180 days if the President--
</DELETED>
<DELETED> (A) determines that the renewal of the
waiver is in the national security interest of the
United States; and</DELETED>
<DELETED> (B) not less than 15 days before the
waiver expires, submits to the appropriate
congressional committees a report on the renewal of the
waiver and the justification for the renewal of the
waiver.</DELETED>
<DELETED> (h) Rule of Construction.--The authority to impose
sanctions under this section with respect to a foreign person or an
agency or instrumentality of a foreign state is in addition to the
authority to impose sanctions under any other provision of law with
respect to foreign persons or agencies or instrumentalities of foreign
states that directly or indirectly support international
terrorism.</DELETED>
<DELETED> (i) Effective Date.--This section shall take effect on the
date of the enactment of this Act and apply with respect to activities
and transactions described in subsection (a) that are carried out on or
after such date of enactment.</DELETED>
<DELETED>SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
GOVERNMENTS THAT PROVIDE MATERIAL SUPPORT FOR THE
TERRORIST ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC
JIHAD, OR ANY AFFILIATE OR SUCCESSOR THEREOF.</DELETED>
<DELETED> (a) Identification.--</DELETED>
<