[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 340 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 237
118th CONGRESS
1st Session
H. R. 340
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 2, 2023
Received; read the first time
November 6, 2023
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To impose sanctions with respect to foreign support for terrorist
organizations, including Hamas and the Palestinian Islamic Jihad.
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 ``Hamas and Other Palestinian
Terrorist Groups International Financing Prevention Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or successor
thereof from accessing its international support networks; and
(2) to oppose Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or successor
thereof from using goods, including medicine and dual use
items, to smuggle weapons and other materials to further acts
of terrorism, including against Israel.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS
SUPPORTING ACTS OF TERRORISM OR ENGAGING IN SIGNIFICANT
TRANSACTIONS WITH SENIOR MEMBERS OF HAMAS, PALESTINIAN
ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST
ORGANIZATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President shall impose the sanctions
described in subsection (c) with respect to each foreign person that
the President determines, on or after the date of the enactment of this
Act, engages in an activity described in subsection (b).
(b) Activities Described.--A foreign person engages in an activity
described in this subsection if the foreign person knowingly--
(1) assists in sponsoring or providing significant
financial, material, or technological support for, or goods or
other services to enable, acts of terrorism; or
(2) engages, directly or indirectly, in a significant
transaction with--
(A) a senior member of Hamas, Palestinian Islamic
Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any
affiliate or successor thereof; or
(B) a senior member of a foreign terrorist
organization designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) that is
responsible for providing, directly or indirectly,
support to Hamas, Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or
successor thereof.
(c) Sanctions Described.--The President shall exercise all of the
powers granted to the President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in property and interests in
property of a foreign person described in subsection (a) 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.
(d) 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 a person that violates, attempts to
violate, conspires to violate, or causes a violation of this section or
any regulations promulgated to carry out this section to the same
extent that such penalties apply to a person that commits an unlawful
act described in section 206(a) of that Act.
(e) Implementation; Regulations.--
(1) In general.--The President may exercise all authorities
provided under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for
purposes of carrying out this section.
(2) Regulations.--Not later than 60 days after the date of
the enactment of this Act, the President shall issue
regulations or other guidance as may be necessary for the
implementation of this section.
(f) Waiver.--The President may waive, on a case-by-case basis and
for a period of not more than 180 days, the application of sanctions
under this section with respect to a foreign person only if, not later
than 15 days prior to the date on which the waiver is to take effect,
the President submits to the appropriate congressional committees a
written determination and justification that the waiver is in the vital
national security interests of the United States.
(g) Humanitarian Exemption.--The President may waive the
application of any provision of this section if the President certifies
in writing to the appropriate congressional committees that such a
waiver is vital to facilitate the delivery of humanitarian aid and is
consistent with the national security interests of the United States 15
days prior to the waiver taking effect.
(h) Rule of Construction.--The authority to impose sanctions under
this section with respect to a foreign person is in addition to the
authority to impose sanctions under any other provision of law with
respect to a foreign person that directly or indirectly supports acts
of international terrorism.
SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOREIGN STATES PROVIDING
SUPPORT TO HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER
PALESTINIAN TERRORIST ORGANIZATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President shall impose the measures
described in subsection (c) with respect to a foreign state if the
President determines that the foreign state, on or after the date of
the enactment of this Act, engages in an activity described in
subsection (b).
(b) Activities Described.--A foreign state engages in an activity
described in this subsection if the foreign state knowingly--
(1) provides significant material or financial support for
acts of international terrorism, pursuant to--
(A) section 1754(c) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law;
(2) provides significant material support to Hamas, the
Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's
Den, or any affiliate or successor thereof; or
(3) engages in a significant transaction that materially
contributes, directly or indirectly, to the terrorist
activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or successor
thereof.
(c) Measures Described.--The measures described in this subsection
with respect to a foreign state are the following:
(1) The President shall suspend, for a period of at least 1
year, United States assistance to the foreign state.
(2) 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 1 year, the extension by such institution of any loan or
financial or technical assistance to the government of the
foreign state.
(3) The President shall prohibit the export of any item on
the United States Munitions List (established pursuant to
section 38 of the Arms Export Control Act (22 U.S.C. 2778)) or
the Commerce Control List set forth in Supplement No. 1 to part
774 of title 15, Code of Federal Regulations, to the foreign
state for a period of 1 year.
(d) 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 a person that violates, attempts to
violate, conspires to violate, or causes a violation of this section or
any regulations promulgated to carry out this section to the same
extent that such penalties apply to a person that commits an unlawful
act described in section 206(a) of that Act.
(e) Waiver.--The President may waive, on a case-by-case basis and
for a period of not more than 180 days, the application of measures
under this section with respect to a foreign state only if, not later
than 15 days prior to the date on which the waiver is to take effect,
the President submits to the appropriate congressional committees a
written determination and justification that the waiver is in the vital
national security interests of the United States.
(f) Implementation; Regulations.--
(1) In general.--The President may exercise all authorities
provided under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for
purposes of carrying out this section.
(2) Regulations.--Not later than 60 days after the date of
the enactment of this Act, the President shall issue
regulations or other guidance as may be necessary for the
implementation of this section.
(g) Additional Exemptions.--
(1) Status of forces agreements.--The President may exempt
the application of measures under this section with respect to
a foreign state if the application of such measures would
prevent the United States from meeting the terms of any status
of forces agreement to which the United States is a party.
(2) Authorized intelligence activities.--Measures under
this section shall not apply with respect to any activity
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.
(3) Humanitarian exemption.--The President may waive the
application of any provision of this section if the President
certifies in writing to the appropriate congressional
committees that such a waiver is vital to facilitate the
delivery of humanitarian aid and is consistent with the
national security interests of the United States 15 days prior
to the waiver taking effect.
(h) Rule of Construction.--The authority to impose measures under
this section with respect to a foreign state is in addition to the
authority to impose measures under any other provision of law with
respect to foreign states that directly or indirectly support acts of
international terrorism.
SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL FUNDRAISING, FINANCING,
AND MONEY LAUNDERING ACTIVITIES OF HAMAS, PALESTINIAN
ISLAMIC JIHAD, AL-AQSA MARTYRS BRIGADE, THE LION'S DEN OR
ANY AFFILIATE OR SUCCESSOR THEREOF.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, and every 180 days thereafter, the President shall submit
to the appropriate congressional committees a report that includes--
(1) an assessment of the disposition of the assets and
activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or successor
thereof related to fundraising, financing, and money laundering
worldwide;
(2) a list of foreign states that knowingly providing
material, financial, or technical support for, or goods or
services to Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or successor
thereof;
(3) a list of foreign states in which Hamas, the
Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's
Den, or any affiliate or successor thereof conducts significant
fundraising, financing, or money laundering activities;
(4) a list of foreign states from which Hamas, the
Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's
Den, or any affiliate or successor thereof knowingly engaged in
the transfer of surveillance equipment, electronic monitoring
equipment, or other means to inhibit communication or the free
flow of information in Gaza; and
(5) with respect to each foreign state listed in paragraph
(2), (3), or (4)--
(A) a description of the steps the foreign state
identified is taking adequate measures to restrict
financial flows to Hamas, the Palestinian Islamic
Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any
affiliates or successors thereof; and
(B) in the case of a foreign state failing to take
adequate measures to restrict financial flows to Hamas,
Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the
Lion's Den or any other designated entity engaged in
significant act of terrorism threatening the peace and
security of Israel--
(i) an assessment of the reasons that
government is not taking adequate measures to
restrict financial flows to those entities; and
(ii) a description of measures being taken
by the United States Government to encourage
the foreign state to restrict financial flows
to those entities; and
(b) Form.--Each report required by subsection (a) shall be
submitted in unclassified form to the greatest extent possible, and may
contain a classified annex.
SEC. 6. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) 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.
(b) 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. 7. TERMINATION.
This Act shall terminate on the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that is 30 days after the date on which the
President certifies to the appropriate congressional committees
that--
(A) Hamas or any successor or affiliate thereof is
no longer designated as a foreign terrorist
organization pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(B) Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, and any successor or
affiliate thereof are no longer subject to sanctions
pursuant to--
(i) Executive Order No. 12947 (January 23,
1995; relating to prohibiting transactions with
terrorists who threaten to disrupt the Middle
East peace process); and
(ii) Executive Order No. 13224 (September
23, 2001; relating to blocking property and
prohibiting transactions with persons who
commit, threaten to commit, or support
terrorism); and
(C) Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, and any successor or
affiliate thereof meet the criteria described in
paragraphs (1) through (4) of section 9 of the
Palestinian Anti-Terrorism Act of 2006 (22 U.S.C. 2378b
note).
SEC. 8. DEFINITIONS.
In this Act:
(1) Act of terrorism.--The term ``act of terrorism'' means
an activity that--
(A) involves a violent act or an act dangerous to
human life, property, or infrastructure; and
(B) appears to be intended to--
(i) intimidate or coerce a civilian
population;
(ii) influence the policy of a government
by intimidation or coercion; or
(iii) affect the conduct of a government by
mass destruction, assassination, kidnapping, or
hostage-taking.
(2) Admitted.--The term ``admitted'' has the meaning given
such term in section 101(a)(13)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(13)(A)).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(4) Foreign state.--The term ``foreign state'' has the
meaning given such term in section 1603 of title 28, United
States Code.
(5) Humanitarian aid.--The term ``humanitarian aid'' means
food, medicine, and medical supplies.
(6) 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.
(7) 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.
Passed the House of Representatives November 1, 2023.
Attest:
KEVIN F. MCCUMBER,
Clerk.
Calendar No. 237
118th CONGRESS
1st Session
H. R. 340
_______________________________________________________________________
AN ACT
To impose sanctions with respect to foreign support for terrorist
organizations, including Hamas and the Palestinian Islamic Jihad.
_______________________________________________________________________
November 6, 2023
Read the second time and placed on the calendar