Palestinian International Terrorism Support Prevention Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1904 To impose sanctions with respect to foreign support for Palestinian terrorism, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Mr. RUBIO (for himself, Mr. GRASSLEY, Ms. COLLINS, Mr. MORAN, Mr. YOUNG, Mr. HOEVEN, Ms. ERNST, Mr. BRAUN, Mr. BOOZMAN, Mr. SCOTT of Florida, Mrs. HYDE-SMITH, Mr. WICKER, Mr. LANKFORD, Mrs. BLACKBURN, Mr. HAGERTY, and Mr. HAWLEY) introduced the following bill; which was read twice and referred to the Committee on Foreign Re- lations A BILL To impose sanctions with respect to foreign support for Palestinian terrorism, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Palestinian Inter- 4 national Terrorism Support Prevention Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 Except as otherwise provided, in this Act: 7 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1904 IS (1) ADMITTED.—The term ‘‘admitted’’ has the 1 meaning given that term in section 101(a)(13)(A) of 2 the Immigration and Nationality Act (8 U.S.C. 3 1101(a)(13)(A)). 4 (2) APPROPRIATE CONGRESSIONAL COMMIT- 5 TEES.—Except as otherwise provided, the term ‘‘ap- 6 propriate congressional committees’’ means the 7 Committee on Foreign Relations of the Senate and 8 the Committee on Foreign Affairs of the House of 9 Representatives. 10 (3) FOREIGN PERSON.—The term ‘‘foreign per- 11 son’’ means— 12 (A) an individual who is not a United 13 States person; or 14 (B) a corporation, partnership, or other 15 nongovernmental entity that is not a United 16 States person. 17 (4) MATERIAL SUPPORT.—The term ‘‘material 18 support’’ has the meaning given the term ‘‘material 19 support or resources’’ in section 2339A of title 18, 20 United States Code. 21 (5) PERSON.—The term ‘‘person’’ means an in- 22 dividual or entity. 23 (6) UNITED STATES PERSON.—The term 24 ‘‘United States person’’ means— 25 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1904 IS (A) a United States citizen or an alien law- 1 fully admitted for permanent residence to the 2 United States; or 3 (B) an entity organized under the laws of 4 the United States or of any jurisdiction within 5 the United States, including a foreign branch of 6 such an entity. 7 SEC. 3. STATEMENT OF POLICY. 8 It is the policy of the United States— 9 (1) to prevent Hamas, the Palestinian Islamic 10 Jihad, or any affiliate or successor thereof from ac- 11 cessing its international support networks; and 12 (2) to oppose Hamas, the Palestinian Islamic 13 Jihad, or any affiliate or successor thereof from at- 14 tempting to use goods, including medicine and dual- 15 use items, to smuggle weapons and other materials 16 to further acts of terrorism. 17 SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR- 18 EIGN PERSONS AND AGENCIES AND INSTRU- 19 MENTALITIES OF FOREIGN STATES SUP- 20 PORTING HAMAS, THE PALESTINIAN ISLAMIC 21 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 22 THEREOF. 23 (a) IDENTIFICATION.— 24 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1904 IS (1) IN GENERAL.—Not later than 180 days 1 after the date of the enactment of this Act, and an- 2 nually thereafter for the following 3 years, the Presi- 3 dent shall submit to the appropriate congressional 4 committees a report that identifies each foreign per- 5 son or agency or instrumentality of a foreign state 6 that the President determines— 7 (A) knowingly assists in, sponsors, or pro- 8 vides significant financial or material support 9 for, or financial or other services to or in sup- 10 port of, the terrorist activities of any person de- 11 scribed in paragraph (2); or 12 (B) directly or indirectly, knowingly and 13 materially engages in a significant transaction 14 with any person described in paragraph (2). 15 (2) PERSON DESCRIBED.—A person described 16 in this paragraph is a foreign person that the Presi- 17 dent determines— 18 (A) is a senior member of Hamas, the Pal- 19 estinian Islamic Jihad, or any affiliate or suc- 20 cessor thereof; 21 (B) is a senior member of a foreign ter- 22 rorist organization designated pursuant to sec- 23 tion 219 of the Immigration and Nationality 24 Act (8 U.S.C. 1189) whose members directly or 25 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1904 IS indirectly support the terrorist activities of 1 Hamas, the Palestinian Islamic Jihad, or any 2 affiliate or successor thereof by knowingly en- 3 gaging in a significant transaction with, or pro- 4 viding financial or material support for Hamas, 5 the Palestinian Islamic Jihad, or any affiliate 6 or successor thereof, or any person described in 7 subparagraph (A); or 8 (C) directly or indirectly supports the ter- 9 rorist activities of Hamas, the Palestinian Is- 10 lamic Jihad, or any affiliate or successor there- 11 of by knowingly and materially assisting, spon- 12 soring, or providing financial or material sup- 13 port for, or goods or services to or in support 14 of, Hamas, the Palestinian Islamic Jihad, or 15 any affiliate or successor thereof, or any person 16 described in subparagraph (A) or (B). 17 (3) FORM OF REPORT.—Each report required 18 under paragraph (1) shall be submitted in unclassi- 19 fied form, but may contain a classified annex. 20 (4) EXCEPTION.— 21 (A) IN GENERAL.—The President shall not 22 be required to identify a foreign person or an 23 agency or instrumentality of a foreign state in 24 a report pursuant to paragraph (1)(B) if— 25 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1904 IS (i) the foreign person or agency or in- 1 strumentality of a foreign state notifies the 2 United States Government in advance that 3 it proposes to engage in a significant 4 transaction described in that paragraph; 5 and 6 (ii) the President determines and noti- 7 fies the appropriate congressional commit- 8 tees in a classified form not less than 15 9 days prior to the foreign person or agency 10 or instrumentality of a foreign state engag- 11 ing in the significant transaction that the 12 significant transaction is in the national 13 interests of the United States. 14 (B) NON-APPLICABILITY.—Subparagraph 15 (A) shall not apply with respect to— 16 (i) an agency or instrumentality of a 17 foreign state that the Secretary of State 18 determines has repeatedly provided support 19 for acts of international terrorism pursu- 20 ant to section 1754(c) of the Export Con- 21 trols Act of 2018 (50 U.S.C. 4813(c)), sec- 22 tion 40 of the Arms Export Control Act 23 (22 U.S.C. 2780), section 620A of the 24 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1904 IS Foreign Assistance Act of 1961 (22 U.S.C. 1 2371), or any other provision of law; or 2 (ii) any significant transaction de- 3 scribed in paragraph (1)(B) that involves, 4 directly or indirectly, a foreign state de- 5 scribed in clause (i). 6 (b) IMPOSITION OF SANCTIONS.— 7 (1) IN GENERAL.—The President shall impose 8 two or more of the sanctions described in paragraph 9 (2) with respect to a foreign person or an agency or 10 instrumentality of a foreign state identified pursuant 11 to subsection (a). 12 (2) SANCTIONS DESCRIBED.—The sanctions de- 13 scribed in this paragraph to be imposed with respect 14 to a foreign person or an agency or instrumentality 15 of a foreign state are the following: 16 (A) The President may direct the Export- 17 Import Bank of the United States not to give 18 approval to the issuance of any guarantee, in- 19 surance, extension of credit, or participation in 20 the extension of credit in connection with the 21 export of any goods or services to the foreign 22 person or agency or instrumentality of a foreign 23 state, and the Export-Import Bank of the 24 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1904 IS United States shall comply with any such direc- 1 tion. 2 (B) The President may prohibit the sale of 3 any defense articles, defense services, or design 4 and construction services under the Arms Ex- 5 port Control Act (22 U.S.C. 2751 et seq.) to 6 the foreign person or agency or instrumentality 7 of a foreign state. 8 (C) The President may prohibit the 9 issuance of licenses for export of any item on 10 the United States Munitions List under section 11 38(a)(1) of the Arms Export Control Act (22 12 U.S.C. 2778(a)(1)) that include the foreign per- 13 son or agency or instrumentality of a foreign 14 state as a party. 15 (D) The President may prohibit the export 16 of any goods or technologies controlled for na- 17 tional security reasons under the Export Ad- 18 ministration Regulations under subchapter C of 19 chapter VII of title 15, Code of Federal Regula- 20 tions, to the foreign person or agency or instru- 21 mentality of a foreign state, except that such 22 prohibition shall not apply to any transaction 23 subject to the reporting requirements of title V 24 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1904 IS of the National Security Act of 1947 (50 1 U.S.C. 3091 et seq.). 2 (E) The President may prohibit any 3 United States financial institution from making 4 loans or providing any credit or financing total- 5 ing more than $10,000,000 to the foreign per- 6 son or agency or instrumentality of a foreign 7 state, except that this subparagraph shall not 8 apply to— 9 (i) any transaction subject to the re- 10 porting requirements of title V of the Na- 11 tional Security Act of 1947 (50 U.S.C. 12 3091 et seq.); 13 (ii) the provision of medicines, medical 14 equipment, and humanitarian assistance; 15 or 16 (iii) any credit, credit guarantee, or fi- 17 nancial assistance provided by the Depart- 18 ment of Agriculture to support the pur- 19 chase of food or other agricultural com- 20 modities. 21 (F) The President may exercise all powers 22 granted to the President by the International 23 Emergency Economic Powers Act (50 U.S.C. 24 1701 et seq.) (except that the requirements of 25 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1904 IS section 202 of such Act (50 U.S.C. 1701) shall 1 not apply) to the extent necessary to block and 2 prohibit all transactions in all property and in- 3 terests in property of a foreign person or agen- 4 cy or instrumentality of a foreign state if such 5 property and interests in property are in the 6 United States, come within the United States, 7 or are or come within the possession or control 8 of a United States person. 9 (3) EXCEPTION.—The President shall not be 10 required to apply sanctions under this subsection 11 with respect to a foreign person or an agency or in- 12 strumentality of a foreign state identified pursuant 13 to subsection (a) if the President certifies in writing 14 to the appropriate congressional committees that— 15 (A) the foreign person or agency or instru- 16 mentality— 17 (i) is no longer carrying out activities 18 or transactions for which the sanctions 19 were to be imposed; or 20 (ii) has taken and is continuing to 21 take significant verifiable steps toward ter- 22 minating the activities or transactions for 23 which the sanctions were to be imposed; 24 and 25 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1904 IS (B) the President has received reliable as- 1 surances from the foreign person or agency or 2 instrumentality that it will not carry out any 3 activities or transactions for which sanctions 4 may be imposed under this subsection in the fu- 5 ture. 6 (c) PENALTIES.— 7 (1) IN GENERAL.—The penalties provided for in 8 subsections (b) and (c) of section 206 of the Inter- 9 national Emergency Economic Powers Act (50 10 U.S.C. 1705) shall apply to a person that knowingly 11 violates, attempts to violate, conspires to violate, or 12 causes a violation of regulations prescribed under 13 section 8(b) to carry out subsection (b)(2)(F) to the 14 same extent that such penalties apply to a person 15 that knowingly commits an unlawful act described in 16 section 206(a) of that Act. 17 (2) AUTHORITIES.—The President may exercise 18 all authorities provided to the President under sec- 19 tions 203 and 205 of the International Emergency 20 Economic Powers Act (50 U.S.C. 1702 and 1704) 21 for purposes of carrying out subsection (b)(2)(F). 22 (d) WAIVER.— 23 (1) IN GENERAL.—The President may waive, 24 on a case-by-case basis and for a period of not more 25 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1904 IS than 180 days, a requirement under subsection (b) 1 to impose or maintain sanctions with respect to a 2 foreign person or agency or instrumentality of a for- 3 eign state if the President— 4 (A) determines that the waiver is in the 5 national security interest of the United States; 6 and 7 (B) not less than 30 days before the waiv- 8 er takes effect, submits to the appropriate con- 9 gressional committees a report on the waiver 10 and the justification for the waiver. 11 (2) RENEWAL OF WAIVER.—The President 12 may, on a case-by-case basis, renew a waiver under 13 paragraph (1) for additional periods of not more 14 than 180 days if the President— 15 (A) determines that the renewal of the 16 waiver is in the national security interest of the 17 United States; and 18 (B) not less than 15 days before the waiv- 19 er expires, submits to the appropriate congres- 20 sional committees a report on the renewal of 21 the waiver and the justification for the renewal 22 of the waiver. 23 (e) RULE OF CONSTRUCTION.—The authority to im- 24 pose sanctions under subsection (b) with respect to a for- 25 VerDate Sep 11 2014 02:38 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1904.IS S1904 kjohnson on DSK79L0C42PROD [Text truncated for display. Full text available on Congress.gov.]