[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>
<DELETED> (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:</DELETED>
<DELETED> (A) Each government of a foreign country
that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Each government of a foreign country
that--</DELETED>
<DELETED> (i) is not identified under
subparagraph (A); and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Form of report.--Each report submitted under
paragraph (1) shall be submitted in unclassified form but may
contain a classified annex.</DELETED>
<DELETED> (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):</DELETED>
<DELETED> (1) The United States Government shall suspend,
for a period of one year, United States assistance to the
government of the foreign country.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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):</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Exceptions.--</DELETED>
<DELETED> (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)--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Humanitarian exception.--The following
activities shall be exempt from sanctions under this
section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) 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 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--</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> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<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>
<DELETED> (a) Report.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) with respect to each foreign country
on the list required by subparagraph (A)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in the case of a country the
government of which is not taking adequate
measures to freeze the assets of Hamas--
</DELETED>
<DELETED> (I) an assessment of the
reasons that government is not taking
adequate measures to freeze those
assets; and</DELETED>
<DELETED> (II) a description of
measures being taken by the United
States Government to encourage that
government to freeze those
assets;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (D) with respect to each foreign country
on the list required by subparagraph (C)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in the case of a country the
government of which is not taking adequate
measures to disrupt those activities--
</DELETED>
<DELETED> (I) an assessment of the
reasons that government is not taking
adequate measures to disrupt those
activities; and</DELETED>
<DELETED> (II) a description of
measures being taken by the United
States Government to encourage that
government to improve measures to
disrupt those activities; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress'' means--
</DELETED>
<DELETED> (1) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and the
Select Committee on Intelligence of the Senate; and</DELETED>
<DELETED> (2) the Committee on Foreign Affairs, the
Committee on Financial Services, and the Permanent Select
Committee on Intelligence of the House of
Representatives.</DELETED>
<DELETED>SEC. 7. MISCELLANEOUS PROVISIONS.</DELETED>
<DELETED> (a) Rules of Construction.--</DELETED>
<DELETED> (1) Intelligence activities.--Nothing in this Act
shall be construed to apply to the authorized intelligence
activities of the United States.</DELETED>
<DELETED> (2) Assistance to palestinians.--Nothing in this
Act shall be construed to prohibit the President from providing
assistance that benefits Palestinians in the West Bank and Gaza
if such assistance is consistent with authorities and
requirements under other provisions of law, including section
1004(a) of the Taylor Force Act (22 U.S.C. 2378c-1(a)) and
sections 620K and 620L of the Foreign Assistance Act of 1961
(22 U.S.C. 2378b and 2378c).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Exceptions.--</DELETED>
<DELETED> (1) Exception relating to importation of goods.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Good defined.--In this paragraph, 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.</DELETED>
<DELETED> (2) Exception for approved humanitarian
assistance.--No foreign person, agency or instrumentality of a
foreign state, or government of a foreign country may be
subject to sanctions under section (4)(c) or 5(b) with respect
to the provision of humanitarian assistance to the West Bank
and Gaza that was approved by the Secretary of State with the
concurrence of the Secretary of the Treasury.</DELETED>
<DELETED> (d) Termination.--This Act shall terminate on the earlier
of--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (B) are no longer subject to sanctions
pursuant to--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) 3 years after the date of the enactment of
this Act.</DELETED>
<DELETED>SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.</DELETED>
<DELETED> 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.</DELETED>
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 2024''.
(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. 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. Modification and extension of Sanctioning the Use of Civilians
as Defenseless Shields Act.
Sec. 8. Confronting asymmetric and malicious cyber activities.
Sec. 9. Sanctions with respect to threats to current or former United
States officials.
Sec. 10. Resources for sanctions implementation at the Department of
State.
Sec. 11. Report on impacts on the Islamic Republic of Iran of sanctions
imposed by the United States.
Sec. 12. Miscellaneous provisions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Admitted; alien; lawfully admitted for permanent
residence.--The terms ``admitted'', ``alien'', and ``lawfully
admitted for permanent residence'' have the meanings given
those terms in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101).
(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) Hamas.--The term ``Hamas'' means--
(A) the entity known as Hamas and designated by the
Secretary of State as a foreign terrorist organization
pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); or
(B) any person identified as an agent or
instrumentality of Hamas on the list of specially
designated nationals and blocked persons maintained by
the Office of Foreign Assets Control of the Department
of the Treasury, the property or interests in property
of which are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(6) 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.
(7) Palestine islamic jihad.--The term ``Palestine Islamic
Jihad'' means--
(A) the entity known as Palestine Islamic Jihad and
designated by the Secretary of State as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); or
(B) any person identified as an agent or
instrumentality of Palestine Islamic Jihad on the list
of specially designated nationals and blocked persons
maintained by the Office of Foreign Asset Control of
the Department of the Treasury, the property or
interests in property of which are blocked pursuant to
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).
(8) Person.--The term ``person'' means an individual or
entity.
(9) 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;
(2) to oppose Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof from attempting to use the trade
in and transport of goods, including medicine and dual-use
items, to smuggle weapons and other materials to further acts
of terrorism;
(3) following the Hamas terror attacks of October 7, 2023,
from Gaza against Israel--
(A) to support the security of Israel from
terrorism and other violent attacks emanating from
Gaza;
(B) to oppose the forcible displacement of
Palestinians from Gaza;
(C) to support the right of Palestinians displaced
during the war to return to their homes; and
(D) to oppose the reoccupation of Gaza by Israel;
and
(4) to hold accountable Hamas, the Palestinian Islamic
Jihad, and their international support networks for their
attack against Israel on October 7, 2023, and previous acts of
international 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
described in subsection (c) with respect to any foreign person and any
agency or instrumentality of a foreign state that the President
determines knowingly--
(1) provides significant financial or material support to
any person described in subsection (b); or
(2) engages in a significant transaction with any person
described in subsection (b).
(b) Person Described.--A person described in this subsection is a
foreign person that the President determines--
(1) is a senior member of Hamas, the Palestinian Islamic
Jihad, or any affiliate or successor thereof;
(2) is a senior member of the Al-Aqsa Martyr's Brigade or
any affiliate or successor thereof;
(3) 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
paragraph (1) or (2); or
(4) knowingly provides assistance or financial or material
support that supports the terrorist activities of any foreign
person described in paragraph (1), (2), or (3).
(c) Sanctions Described.--
(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 Requests With Respect to Foreign Persons Subject
to Sanctions.--Not later than 120 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 12(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.--The President may waive, on a case-by-case basis and
for renewable periods 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--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) not less than 15 days before granting the waiver,
submits to the appropriate congressional committees a report on
the waiver and the justification for the waiver.
(h) Effective Date.--This section shall take effect on the date
that is 180 days after the date of 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.
(i) Sunset.--This section 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. 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) 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)--
(1) 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
(2) 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 or otherwise
would not further the national security interests of the United
States.
(e) Waiver.--The President may waive the application of sanctions
under this section on a case-by-case basis and for renewable periods of
not more than 180 days if the President--
(1) determines that the waiver is in the national security
interests of the United States; and
(2) not less than 15 days before the granting of the
waiver, submits to the appropriate congressional committees a
report on the waiver and the justification for the waiver.
(f) Effective Date.--This section shall take effect 180 days after
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.
(g) Termination and Sunset.--
(1) Termination of sanctions.--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.
(2) Sunset.--This section shall terminate on the earlier
of--
(A) 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--
(i) are no longer designated as a foreign
terrorist organization pursuant to section 219
of the Immigration and Nationality Act (8
U.S.C. 1189);
(ii) 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
(iii) 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
(B) 2 years after the date of the enactment of this
Act.
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 provide
significant financial support for Hamas, the
Palestinian Islamic Jihad, or any affiliate or
successor thereof, or in which Hamas maintains
significant 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 measures to restrict
or block access to 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 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 measures to disrupt
known 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 measures to
disrupt those activities--
(I) an assessment of the reasons
that government is not taking 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. MODIFICATION AND EXTENSION OF SANCTIONING THE USE OF CIVILIANS
AS DEFENSELESS SHIELDS ACT.
(a) In General.--Section 3 of the Sanctioning the Use of Civilians
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following:
``(3) Each foreign person that the President determines, on
or after the date of the enactment of the Hamas and Palestinian
Islamic Jihad International Terrorism Support Prevention Act of
2024--
``(A) is a member of Palestine Islamic Jihad or is
knowingly acting on behalf of Palestine Islamic Jihad;
and
``(B) knowingly orders, controls, or otherwise
directs the use of civilians protected as such by the
law of war to shield military objectives from
attack.'';
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
and
(3) by inserting after subsection (d) the following:
``(e) Congressional Requests.--Not later than 120 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 meets the criteria of a person described in subsection (b) or
(c), the President shall--
``(1) determine if the person meets such criteria; and
``(2) submit a written justification to the chairman and
ranking member detailing whether or not the President imposed
or intends to impose sanctions described in subsection (b) or
(c) with respect to such person.''.
(b) Definitions.--Section 4 of the Sanctioning the Use of Civilians
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
``(7) Palestine islamic jihad.--The term `Palestine Islamic
Jihad' means--
``(A) the entity known as Palestine Islamic Jihad
and designated by the Secretary of State as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); or
``(B) any person identified as an agent or
instrumentality of Palestine Islamic Jihad on the list
of specially designated nationals and blocked persons
maintained by the Office of Foreign Asset Control of
the Department of the Treasury, the property or
interests in property of which are blocked pursuant to
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).''.
(c) Sunset.--Section 5 of the Sanctioning the Use of Civilians as
Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2030''.
SEC. 8. CONFRONTING ASYMMETRIC AND MALICIOUS CYBER ACTIVITIES.
(a) In General.--On and after the date that is 180 days after the
date of the enactment of this Act, the President may impose the
sanctions described in subsection (b) with respect to any foreign
person that the President determines, on or after such date of
enactment--
(1) is responsible for or complicit in, or has engaged
knowingly in, significant cyber-enabled activities originating
from, or directed by persons located, in whole or in
substantial part, outside the United States that are reasonably
likely to result in, or have materially contributed to, a
significant threat to the national security, foreign policy, or
economic health or financial stability of the United States;
(2) materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to
or in support of, any activity described in this subsection or
any person whose property and interests in property are blocked
pursuant to this section;
(3) is owned or controlled by, or has acted or purported to
act for or on behalf of, directly or indirectly, any person
whose property and interests in property are blocked pursuant
to this section; or
(4) has attempted to engage in any of the activities
described in paragraph (1), (2), or (3).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Inadmissibility to united states.--In the case of an
alien--
(A) ineligibility to receive a visa to enter the
United States or to be admitted to the United States;
or
(B) if the individual has been issued a visa or
other documentation, revocation, in accordance with
section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--The blocking, in accordance with
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), of all transactions in all property and interests in
property of a 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.
(c) Requests by Appropriate Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
request that meets the requirements of paragraph (2) with
respect to whether a foreign person has engaged in an activity
described in subsection (a), the President shall--
(A) determine if that person has engaged in such an
activity; and
(B) submit a classified or unclassified report to
the chairperson and ranking member of the committee or
committees that submitted the request with respect to
that determination that includes--
(i) a statement of whether or not the
President imposed or intends to impose
sanctions with respect to the person;
(ii) if the President imposed or intends to
impose sanctions, a description of those
sanctions; and
(iii) if the President does not intend to
impose sanctions, a description of actions that
meet the threshold for the President to impose
sanctions.
(2) Requirements.--A request under paragraph (1) with
respect to whether a foreign person has engaged in an activity
described in subsection (a) shall be submitted to the President
in writing jointly by the chairperson and ranking member of one
of the appropriate congressional committees.
SEC. 9. SANCTIONS WITH RESPECT TO THREATS TO CURRENT OR FORMER UNITED
STATES OFFICIALS.
(a) In General.--On and after the date that is 180 days after the
date of the enactment of this Act, the President shall impose the
sanctions described in subsection (b) with respect to any foreign
person the President determines has, on or after such date of
enactment, ordered, directed, or taken material steps to carry out any
use of violence or has attempted or threatened to use violence against
any current or former official of the Government of the United States.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Inadmissibility to united states.--In the case of a
foreign person who is an individual--
(A) ineligibility to receive a visa to enter the
United States or to be admitted to the United States;
or
(B) if the individual has been issued a visa or
other documentation, revocation, in accordance with
section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--The blocking, in accordance with
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), of all transactions in all property and interests in
property of a 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.
(c) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of a
sanction described in subsection (b)(2) that is imposed by the
President or any regulation, license, or order issued to carry out such
a sanction shall be subject to the penalties set forth in subsections
(b) and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person that commits
an unlawful act described in subsection (a) of that section.
(d) Waiver.--
(1) In general.--The President may waive the application of
sanctions under this section for renewable periods not to
exceed 180 days if the President--
(A) determines that such a waiver is in the vital
national security interests of the United States; and
(B) not less than 15 days before the granting of
the waiver, submits to the appropriate congressional
committees a notice of and justification for the
waiver.
(e) Termination and Sunset.--
(1) Termination of sanctions.--The President may terminate
the application of sanctions under this section with respect to
a person if the President determines and reports to the
appropriate congressional committees not later than 15 days
before the termination of the sanctions that--
(A) credible information exists that the person did
not engage in the activity for which sanctions were
imposed;
(B) the person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activity for which sanctions were
imposed, and has credibly committed to not engage in an
activity described in subsection (a) in the future; or
(C) the termination of the sanctions is in the
vital national security interests of the United States.
(2) Sunset.--The requirement to impose sanctions under this
section shall terminate on the date that is 4 years after the
date of the enactment of this Act.
SEC. 10. RESOURCES FOR SANCTIONS IMPLEMENTATION AT THE DEPARTMENT OF
STATE.
(a) Sense of Congress.--It is the sense of Congress that sanctions
are a vital foreign policy and national security tool, and as such, it
is critical that the Department of State and other agencies with
responsibilities relating to sanctions across the executive branch--
(1) are fully staffed, including through the prompt
confirmation by the Senate of a qualified head of the Office of
Sanctions Coordination of the Department of State; and
(2) have the resources and infrastructure necessary for the
successful development and implementation of sanctions.
(b) Increasing Resources and Improving Modernization for Sanctions
Implementation.--The Secretary of State shall take steps to modernize
the sanctions infrastructure and increase resources dedicated to
implementing sanctions, including by--
(1) ensuring the Department of State has necessary
subscriptions and access to open-source databases for purposes
of making determinations to support the designation of persons
for the imposition of sanctions;
(2) equipping bureaus involved in drafting and reviewing
evidentiary packages to support such designations with
sufficient technical resources to do so, including an adequate
number of workstations that can be used to review classified
information; and
(3) increasing the number of personnel dedicated to making
and reviewing such designations.
(c) Report on Modernizations Efforts.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees a report
describing steps the Department of State is taking to address
challenges in the ability of the Department to support the designation
of persons for the imposition of sanctions.
(d) Authorization of Appropriation.--There is authorized to be
appropriated to the Secretary of State for fiscal year 2025 $15,000,000
to carry out this section.
SEC. 11. REPORT ON IMPACTS ON THE ISLAMIC REPUBLIC OF IRAN OF SANCTIONS
IMPOSED BY THE UNITED STATES.
(a) In General.--Not later than 90 days after the date of the
enactment this Act, the Secretary of State, in consultation with the
Secretary of the Treasury and drawing on subject-matter experts
including economists and statisticians from the Department of State and
the Department of the Treasury, shall submit to the appropriate
congressional committees a report on the impacts on the Islamic
Republic of Iran of sanctions imposed by the United States.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The impact of sanctions imposed by the United States on
the following:
(A) Problematic activities and policies of the
Islamic Republic of Iran, including ballistic missile
development, proliferation of Iranian drones and
missiles to state and non-state actors, uranium
enrichment, and funding of terrorist groups in the
``Axis of Resistance'', and how sanctions have
meaningfully impacted the ability of such groups to
operate.
(B) Key officials of the Iranian regime, including
their access to alternative financial markets, their
standard of living, and impacts to their personal
wealth.
(C) The operations of independent civil society
organizations in Iran, including the ability of such
organizations to access products that would allow them
to document and share human rights abuses, promote
democratic norms, and engage in political dissent.
(D) The efficacy of licensing actions aimed at
ensuring the people of Iran have access to
circumvention technologies around Iranian regime
firewalls and censors to promote internet freedom,
including General License D-2 of the Department of the
Treasury.
(E) The standard of living of the people of Iran,
including--
(i) the impact on the purchasing power of
the people of Iran and their ability to afford
and acquire food and medicine; and
(ii) changes in the size of the working and
middle classes in Iran, including impacts to
the poverty rate in Iran.
(F) The growth of unofficial economies controlled
by officials of the Iranian regime and members of the
Islamic Revolutionary Guard Corps.
(2) What industries in Iran remain unaffected by such
sanctions.
SEC. 12. MISCELLANEOUS PROVISIONS.
(a) Rules of Construction.--
(1) Rule of construction on assistance to palestinians.--
Nothing in this Act shall be construed to prohibit the
President from providing assistance that benefits Palestinians
in the West Bank and Gaza in a manner consistent with United
States law, including section 1004(a) of the Taylor Force Act
(22 U.S.C. 2378c-1(a)) and sections 620K and 620L of the
Foreign Assistance Act of 1961 (22 U.S.C. 2378b and 2378c).
(2) Rule of construction on availability of existing
authorities.--Nothing in this Act shall be construed to affect
the availability of any existing authorities to issue waivers,
exceptions, exemptions, licenses, or other authorization.
(b) Regulatory Authority.--The President may, 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) Exceptions.--
(1) Exception relating to intelligence activities.--
Sanctions under this Act shall not apply 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.
(2) Exception to comply with international obligations and
law enforcement activities.--Sanctions under this Act shall not
apply with respect to an alien if admitting or paroling the
alien into the United States is necessary--
(A) 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; or
(B) to carry out or assist authorized law
enforcement activity in the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The requirement to block and
prohibit all transactions in all property and interests
in property under this Act shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good defined.--In this paragraph, 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.
(4) Humanitarian assistance.--
(A) In general.--Sanctions under this Act shall not
apply to--
(i) the conduct or facilitation of a
transaction for the provision of agricultural
commodities, food, medicine, medical devices,
or humanitarian assistance, or for humanitarian
purposes; or
(ii) transactions that are necessary for or
related to the activities described in clause
(i).
(B) Definitions.--In this paragraph:
(i) Agricultural commodity.--The term
``agricultural commodity'' has the meaning
given that term in section 102 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(ii) Medical device.--The term ``medical
device'' has the meaning given the term
``device'' in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
(iii) Medicine.--The term ``medicine'' has
the meaning given the term ``drug'' in section
201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321).
(5) Report on exceptions.--Not later than one year after
the date of the enactment of this Act, and annually thereafter,
the President shall submit to the appropriate congressional
committees a report that describes each activity that would be
subject to sanctions under this Act if not excepted pursuant to
paragraph (1) or (2).
Calendar No. 376
118th CONGRESS
2d Session
S. 3874
_______________________________________________________________________
A BILL
To impose sanctions with respect to foreign support for terrorist
organizations in Gaza and the West Bank, and for other purposes.
_______________________________________________________________________
May 7, 2024
Reported with an amendment