[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1904 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1904
To impose sanctions with respect to foreign support for Palestinian
terrorism, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 27, 2021
Mr. Rubio (for himself, Mr. Grassley, Ms. Collins, Mr. Moran, Mr.
Young, Mr. Hoeven, Ms. Ernst, Mr. Braun, Mr. Boozman, Mr. Scott of
Florida, Mrs. Hyde-Smith, Mr. Wicker, Mr. Lankford, Mrs. Blackburn, Mr.
Hagerty, and Mr. Hawley) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to foreign support for Palestinian
terrorism, 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 ``Palestinian International Terrorism
Support Prevention Act of 2021''.
SEC. 2. DEFINITIONS.
Except as otherwise provided, in this Act:
(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)).
(2) Appropriate congressional committees.--Except as
otherwise provided, 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.
(3) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States
person; or
(B) a corporation, partnership, or other
nongovernmental entity that is not a United States
person.
(4) 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.
(5) Person.--The term ``person'' means an individual or
entity.
(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 of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to prevent Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof from accessing its international
support networks; and
(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.
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.
(a) Identification.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 3 years, the President shall submit to the
appropriate congressional committees a report that identifies
each foreign person or agency or instrumentality of a foreign
state that the President determines--
(A) knowingly assists in, sponsors, or provides
significant financial or material support for, or
financial or other services to or in support of, the
terrorist activities of any person described in
paragraph (2); or
(B) directly or indirectly, knowingly and
materially engages in a significant transaction with
any person described in paragraph (2).
(2) Person described.--A person described in this paragraph
is a foreign person that the President determines--
(A) is a senior member of Hamas, the Palestinian
Islamic Jihad, or any affiliate or successor thereof;
(B) 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 the terrorist
activities of Hamas, the Palestinian Islamic Jihad, or
any affiliate or successor thereof by knowingly
engaging in a significant transaction with, or
providing financial or material support for Hamas, the
Palestinian Islamic Jihad, or any affiliate or
successor thereof, or any person described in
subparagraph (A); or
(C) directly or indirectly supports the terrorist
activities of Hamas, the Palestinian Islamic Jihad, or
any affiliate or successor thereof by knowingly and
materially assisting, sponsoring, or providing
financial or material support for, or goods or services
to or in support of, Hamas, the Palestinian Islamic
Jihad, or any affiliate or successor thereof, or any
person described in subparagraph (A) or (B).
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form, but may contain a
classified annex.
(4) Exception.--
(A) In general.--The President shall not be
required to identify a foreign person or an agency or
instrumentality of a foreign state in a report pursuant
to paragraph (1)(B) if--
(i) the foreign person or agency or
instrumentality of a foreign state notifies the
United States Government in advance that it
proposes to engage in a significant transaction
described in that paragraph; and
(ii) the President determines and notifies
the appropriate congressional committees in a
classified form not less than 15 days prior to
the foreign person or agency or instrumentality
of a foreign state engaging in the significant
transaction that the significant transaction is
in the national interests of the United States.
(B) Non-applicability.--Subparagraph (A) shall not
apply with respect to--
(i) an agency or instrumentality of a
foreign state that the Secretary of State
determines has repeatedly provided support for
acts of international terrorism pursuant to
section 1754(c) of the Export Controls Act of
2018 (50 U.S.C. 4813(c)), section 40 of the
Arms Export Control Act (22 U.S.C. 2780),
section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), or any other provision
of law; or
(ii) any significant transaction described
in paragraph (1)(B) that involves, directly or
indirectly, a foreign state described in clause
(i).
(b) Imposition of Sanctions.--
(1) In general.--The President shall impose two or more of
the sanctions described in paragraph (2) with respect to a
foreign person or an agency or instrumentality of a foreign
state identified pursuant to subsection (a).
(2) Sanctions described.--The sanctions described in this
paragraph to be imposed with respect to a foreign person or an
agency or instrumentality of a foreign state are the following:
(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 foreign person or agency or instrumentality of a
foreign state, and the Export-Import Bank of the United
States shall comply with any such direction.
(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 foreign person or
agency or instrumentality of a foreign state.
(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 foreign person or agency or instrumentality of a
foreign state as a party.
(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, to the foreign person or agency or
instrumentality of a foreign state, 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.).
(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 foreign person or agency or instrumentality of a
foreign state, except that this subparagraph shall not
apply to--
(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.);
(ii) the provision of medicines, medical
equipment, and humanitarian assistance; or
(iii) any credit, credit guarantee, or
financial assistance provided by the Department
of Agriculture to support the purchase of food
or other agricultural commodities.
(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 a foreign person or agency
or instrumentality of a foreign state 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.
(3) Exception.--The President shall not be required to
apply sanctions under this subsection with respect to a foreign
person or an agency or instrumentality of a foreign state
identified pursuant to subsection (a) if the President
certifies in writing to the appropriate congressional
committees that--
(A) the foreign person or agency or
instrumentality--
(i) is no longer carrying out activities or
transactions for which the sanctions were to be
imposed; or
(ii) has taken and is continuing to take
significant verifiable steps toward terminating
the activities or transactions for which the
sanctions were to be imposed; and
(B) the President has received reliable assurances
from the foreign person or agency or instrumentality
that it will not carry out any activities or
transactions for which sanctions may be imposed under
this subsection in the future.
(c) Penalties.--
(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 8(b) to carry out subsection (b)(2)(F) 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.
(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 subsection
(b)(2)(F).
(d) Waiver.--
(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 subsection (b) to impose or maintain sanctions with
respect to a foreign person or agency or instrumentality of a
foreign state if the President--
(A) determines that the waiver is in the national
security interest of the United States; and
(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.
(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--
(A) determines that the renewal of the waiver is in
the national security interest of the United States;
and
(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.
(e) Rule of Construction.--The authority to impose sanctions under
subsection (b) with respect to a foreign person or an agency or
instrumentality of a foreign state identified pursuant to subsection
(a) 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.
(f) Agency or Instrumentality of a Foreign State Defined.--In this
section, 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.
(g) 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.
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.
(a) Identification.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report that identifies the following:
(A) Each government of a foreign country--
(i) with respect to which the Secretary of
State determines has repeatedly provided
support for acts of international terrorism
pursuant to section 1754(c) of the Export
Controls Act of 2018 (50 U.S.C. 4813(c)),
section 40 of the Arms Export Control Act (22
U.S.C. 2780), section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), or any
other provision of law; and
(ii) with respect to which the President
determines has provided direct or indirect
material support for the terrorist activities
of Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof.
(B) Each government of a foreign country that--
(i) is not identified under subparagraph
(A); and
(ii) the President determines engaged in a
significant transaction so as to contribute
knowingly and materially to the efforts by the
government of a foreign country described in
subparagraph (A)(i) to provide direct or
indirect material support for the terrorist
activities of Hamas, the Palestinian Islamic
Jihad, or any affiliate or successor thereof.
(2) Form of report.--Each report submitted under paragraph
(1) shall be submitted in unclassified form but may contain a
classified annex.
(b) Imposition of Sanctions.--
(1) In general.--The President shall impose the following
sanctions with respect to each government of a foreign country
identified under subsection (a)(1):
(A) The United States Government shall suspend, for
a period of one year, United States assistance to the
government of the foreign country.
(B) The Secretary of the Treasury shall instruct
the United States Executive Director to each
appropriate international financial institution to
oppose, and vote against, for a period of one year, the
extension by that institution of any loan or financial
or technical assistance to the government of the
foreign country.
(C) No 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)) or the Commerce Control List set
forth in Supplement No. 1 to part 774 of title 15, Code
of Federal Regulations (or any successor list), may be
exported to the government of the foreign country for a
period of one year.
(2) Exceptions.--The President shall not be required to
apply sanctions with respect to the government of a foreign
country pursuant to paragraph (1)--
(A) with respect to materials intended to be used
by military or civilian personnel of the United States
Armed Forces at military facilities in the country; or
(B) if the application of such sanctions would
prevent the United States from meeting the terms of any
status of forces agreement to which the United States
is a party.
(c) Additional Sanctions With Respect to State Sponsors of
Terrorism.--The President shall impose the following additional
sanctions with respect to each government of a foreign country
identified under subsection (a)(1)(A):
(1) The President shall, pursuant to such regulations as
the President may prescribe, prohibit any transactions in
foreign exchange that are subject to the jurisdiction of the
United States and in which the government of the foreign
country has any interest.
(2) The President shall, pursuant to such regulations as
the President may prescribe, prohibit any transfers of credit
or payments between one or more financial institutions or by,
through, or to any financial institution, to the extent that
such transfers or payments are subject to the jurisdiction of
the United States and involve any interest of the government of
the foreign country.
(d) Waiver.--
(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 subsection (b) or (c) to impose or maintain sanctions
with respect to a foreign government identified pursuant to
subparagraph (A) or (B) of subsection (a)(1) if the President--
(A) determines that the waiver is in the national
security interest of the United States; and
(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.
(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--
(A) determines that the renewal of the waiver is in
the national security interest of the United States;
and
(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.
(e) Rule of Construction.--The authority to impose sanctions under
subsection (b) or (c) with respect to each government of a foreign
country identified pursuant to subparagraph (A) or (B) of subsection
(a)(1) is in addition to the authority to impose sanctions under any
other provision of law with respect to governments of foreign countries
that provide material support to foreign terrorist organizations
designated pursuant to section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189).
(f) Termination.--The President may terminate any sanctions imposed
with respect to the government of a foreign country under subsection
(b) or (c) if the President determines and notifies the appropriate
congressional committees that the government of the foreign country--
(1) is no longer carrying out activities or transactions
for which the sanctions were imposed; and
(2) has provided assurances to the United States Government
that it will not carry out activities or transactions for which
sanctions may be imposed under subsection (b) or (c) in the
future.
(g) 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 subparagraph (A) or (B) of subsection (a)(1)
that are carried out on or after such date of enactment.
SEC. 6. EXEMPTIONS RELATING TO PROVISION OF HUMANITARIAN ASSISTANCE.
(a) Sanctions With Respect to Foreign Persons and Agencies and
Instrumentalities of Foreign States.--The following activities shall be
exempt from sanctions under section 4:
(1) The conduct or facilitation of a transaction for the
sale of agricultural commodities, food, medicine, or medical
devices to a foreign person described in section 4(a)(2).
(2) The provision of humanitarian assistance to a foreign
person described in section 4(a)(2), including engaging in a
financial transaction relating to humanitarian assistance or
for humanitarian purposes or transporting goods or services
that are necessary to carry out operations relating to
humanitarian assistance or humanitarian purposes.
(b) Sanctions With Respect to Foreign Governments.--The following
activities shall be exempt from sanctions under section 5:
(1) The conduct or facilitation of a transaction for the
sale of agricultural commodities, food, medicine, or medical
devices to Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof described in section 5(a)(1).
(2) The provision of humanitarian assistance to Hamas, the
Palestinian Islamic Jihad, or any affiliate or successor
thereof described in section 5(a)(1), including engaging in a
financial transaction relating to humanitarian assistance or
for humanitarian purposes or transporting goods or services
that are necessary to carry out operations relating to
humanitarian assistance or humanitarian purposes.
SEC. 7. 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.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes--
(A) a list of foreign countries that support Hamas,
the Palestinian Islamic Jihad, or any affiliate or
successor thereof, or in which Hamas maintains
important portions of its financial networks;
(B) with respect to each foreign country on the
list required by subparagraph (A)--
(i) an assessment of whether the government
of the country is taking adequate measures to
freeze the assets of Hamas, the Palestinian
Islamic Jihad, or any affiliate or successor
thereof within the territory of the country;
and
(ii) in the case of a country the
government of which is not taking adequate
measures to freeze the assets of Hamas--
(I) an assessment of the reasons
that government is not taking adequate
measures to freeze those assets; and
(II) a description of measures
being taken by the United States
Government to encourage that government
to freeze those assets;
(C) a list of foreign countries in which Hamas, the
Palestinian Islamic Jihad, or any affiliate or
successor thereof, conducts significant fundraising,
financing, or money laundering activities;
(D) with respect to each foreign country on the
list required by subparagraph (C)--
(i) an assessment of whether the government
of the country is taking adequate measures to
disrupt the fundraising, financing, or money
laundering activities of Hamas, the Palestinian
Islamic Jihad, or any affiliate or successor
thereof within the territory of the country;
and
(ii) in the case of a country the
government of which is not taking adequate
measures to disrupt those activities--
(I) an assessment of the reasons
that government is not taking adequate
measures to disrupt those activities;
and
(II) a description of measures
being taken by the United States
Government to encourage that government
to improve measures to disrupt those
activities; and
(E) a list of foreign countries from which Hamas,
the Palestinian Islamic Jihad, or any affiliate or
successor thereof, acquires surveillance equipment,
electronic monitoring equipment, or other means to
inhibit communication or political expression in Gaza.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form to the greatest extent possible
and may contain a classified annex.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for the following
3 years, the Secretary of State, the Secretary of the Treasury, and the
heads of other applicable Federal departments and agencies (or their
designees) shall provide to the appropriate congressional committees a
briefing on the disposition of the assets and activities of Hamas, the
Palestinian Islamic Jihad, or any successor or affiliate thereof
related to fundraising, financing, and money laundering worldwide.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Rule of Construction.--Nothing in this Act shall be construed
to apply to the authorized intelligence activities of the United
States.
(b) Regulatory Authority.--The President shall, not later than 180
days after the date of the enactment of this Act, prescribe regulations
as are necessary for the implementation of this Act.
(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 man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(d) Termination.--This Act shall terminate on the earlier of--
(1) 30 days after the date on which the President certifies
to the appropriate congressional committees that Hamas and the
Palestinian Islamic Jihad, or any successor or affiliate
thereof--
(A) are no longer designated as a foreign terrorist
organization pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(B) are no longer subject to sanctions pursuant
to--
(i) Executive Order 12947 (50 U.S.C. 1701
note; relating to prohibiting transactions with
terrorists who threaten to disrupt the Middle
East peace process); and
(ii) Executive Order 13224 (50 U.S.C. 1701
note; relating to blocking property and
prohibiting transactions with persons who
commit, threaten to commit, or support
terrorism); and
(C) meet the criteria described in paragraphs (1)
through (4) of section 9 of the Palestinian Anti-
Terrorism Act of 2006 (Public Law 109-446; 22 U.S.C.
2378b note); or
(2) 3 years after the date of the enactment of this Act.
SEC. 9. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.),
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
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