[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1647 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1647
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
May 17, 2023
Mr. Rubio (for himself, Mr. Cramer, Mr. Cassidy, Mr. Braun, Mr. Tillis,
Mr. Scott of Florida, Mr. Hoeven, Mr. Moran, and Mr. Young) 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 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hamas and
Palestinian Islamic Jihad International Terrorism Support Prevention
Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
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.
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.
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.
Sec. 7. Miscellaneous provisions.
Sec. 8. Determination of budgetary effects.
SEC. 2. DEFINITIONS.
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) 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.
(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.
(4) 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.
(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.
(6) Person.--The term ``person'' means an individual or
entity.
(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;
(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
(C) a person in the United States.
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) 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--
(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
(2) directly or indirectly, materially engages in a
significant transaction with any person described in subsection
(b).
(b) Person Described.--
(1) In general.--A person described in this subsection 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 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;
(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
(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).
(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.
(c) Sanctions Required.--
(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.
(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:
(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.
(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.
(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.
(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.).
(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--
(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 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.
(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--
(1) determine if the person meets those criteria; and
(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.
(e) 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 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.
(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).
(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--
(1) the foreign person or agency or instrumentality (as the
case may be)--
(A) is no longer carrying out activities or
transactions subject to sanctions under this section;
or
(B) has taken and is continuing to take significant
verifiable steps toward terminating activities or
transactions subject to sanctions under this section;
and
(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.
(g) 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 this section 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.
(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.
(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.
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 that--
(i) the Secretary of State determines has
repeatedly provided support for acts of
international terrorism pursuant to section
1754(c) of the Export Control Reform 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) 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 knowingly
engaged in a significant transaction that
contributes 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.--The President shall impose the
following sanctions with respect to each government of a foreign
country identified under subparagraph (A) or (B) of subsection (a)(1):
(1) The United States Government shall suspend, for a
period of one year, United States assistance to the government
of the foreign country.
(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 one year, the extension by that institution of any loan or
financial or technical assistance to the government of the
foreign country.
(3) 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.
(c) Imposition of Additional Sanctions With Respect to Certain
Foreign Governments.--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) Exceptions.--
(1) Military use exception.--The President shall not be
required to impose sanctions with respect to the government of
a foreign country pursuant to subsection (b)--
(A) with respect to materials intended to be used
by military or civilian personnel of the Armed Forces
of the United States 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.
(2) Humanitarian exception.--The following activities shall
be exempt from sanctions under this section:
(A) The conduct or facilitation of a transaction
for the sale of agricultural commodities, food,
medicine, or medical devices to a foreign government
described in subsection (a) that is not otherwise
subject to the export control laws of the United
States.
(B) The provision of humanitarian assistance to a
foreign government described in subsection(a),
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.
(e) 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.
(3) Sunset.--The authority of the President under this
subsection shall terminate on the date that is 2 years after
the date of the enactment of this Act.
(f) 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).
(g) 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 is
no longer carrying out activities or transactions for which the
sanctions were imposed and has provided assurances to the United States
Government that it will not carry out those activities or transactions
in the future.
(h) 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. 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 committees of Congress 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 committees of Congress 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) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' 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. 7. 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. 8. 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 Senate
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
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