Palestinian International Terrorism Support Prevention Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2680 To impose sanctions with respect to foreign support for Palestinian terrorism, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 23, 2019 Mr. RUBIO (for himself and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to foreign support for Palestinian terrorism, and for other purposes. Be it enacted by the Senate and House of 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 2019’’. 5 SEC. 2. DEFINITIONS. 6 Except as otherwise provided, in this Act: 7 (1) ADMITTED.—The term ‘‘admitted’’ has the 8 meaning given that term in section 101(a)(13)(A) of 9 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2680 IS the Immigration and Nationality Act (8 U.S.C. 1 1101(a)(13)(A)). 2 (2) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means the Committee on Foreign Relations 5 of the Senate and the Committee on Foreign Affairs 6 of the House of Representatives. 7 (3) FOREIGN PERSON.—The term ‘‘foreign per- 8 son’’ means— 9 (A) an individual who is not a United 10 States person; or 11 (B) a corporation, partnership, or other 12 nongovernmental entity that is not a United 13 States person. 14 (4) MATERIAL SUPPORT.—The term ‘‘material 15 support’’ has the meaning given the term ‘‘material 16 support or resources’’ in section 2339A of title 18, 17 United States Code. 18 (5) PERSON.—The term ‘‘person’’ means an in- 19 dividual or entity. 20 (6) UNITED STATES PERSON.—The term 21 ‘‘United States person’’ means— 22 (A) a United States citizen or an alien law- 23 fully admitted for permanent residence to the 24 United States; or 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2680 IS (B) an entity organized under the laws of 1 the United States or of any jurisdiction within 2 the United States, including a foreign branch of 3 such an entity. 4 SEC. 3. STATEMENT OF POLICY. 5 It is the policy of the United States— 6 (1) to prevent Hamas, the Palestinian Islamic 7 Jihad, or any affiliate or successor thereof from ac- 8 cessing its international support networks; and 9 (2) to oppose Hamas, the Palestinian Islamic 10 Jihad, or any affiliate or successor thereof from at- 11 tempting to use goods, including medicine and dual- 12 use items, to smuggle weapons and other materials 13 to further acts of terrorism. 14 SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR- 15 EIGN PERSONS AND AGENCIES AND INSTRU- 16 MENTALITIES OF FOREIGN STATES SUP- 17 PORTING HAMAS, THE PALESTINIAN ISLAMIC 18 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 19 THEREOF. 20 (a) IDENTIFICATION.— 21 (1) IN GENERAL.—Not later than 180 days 22 after the date of the enactment of this Act, and an- 23 nually thereafter for the following 3 years, the Presi- 24 dent shall submit to the appropriate congressional 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2680 IS committees a report that identifies each foreign per- 1 son or agency or instrumentality of a foreign state 2 that the President determines— 3 (A) knowingly assists in, sponsors, or pro- 4 vides significant financial or material support 5 for, or financial or other services to or in sup- 6 port of, the terrorist activities of any person de- 7 scribed in paragraph (2); or 8 (B) directly or indirectly, knowingly and 9 materially engages in a significant transaction 10 with any person described in paragraph (2). 11 (2) PERSON DESCRIBED.—A person described 12 in this paragraph is a foreign person that the Presi- 13 dent determines— 14 (A) is a senior member of Hamas, the Pal- 15 estinian Islamic Jihad, or any affiliate or suc- 16 cessor thereof; 17 (B) is a senior member of a foreign ter- 18 rorist organization designated pursuant to sec- 19 tion 219 of the Immigration and Nationality 20 Act (8 U.S.C. 1189) whose members directly or 21 indirectly support the terrorist activities of 22 Hamas, the Palestinian Islamic Jihad, or any 23 affiliate or successor thereof by knowingly en- 24 gaging in a significant transaction with, or pro- 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2680 IS viding financial or material support for Hamas, 1 the Palestinian Islamic Jihad, or any affiliate 2 or successor thereof, or any person described in 3 subparagraph (A); or 4 (C) directly or indirectly supports the ter- 5 rorist activities of Hamas, the Palestinian Is- 6 lamic Jihad, or any affiliate or successor there- 7 of by knowingly and materially assisting, spon- 8 soring, or providing financial or material sup- 9 port for, or goods or services to or in support 10 of, Hamas, the Palestinian Islamic Jihad, or 11 any affiliate or successor thereof, or any person 12 described in subparagraph (A) or (B). 13 (3) FORM OF REPORT.—Each report required 14 under paragraph (1) shall be submitted in unclassi- 15 fied form, but may contain a classified annex. 16 (4) EXCEPTION.— 17 (A) IN GENERAL.—The President shall not 18 be required to identify a foreign person or an 19 agency or instrumentality of a foreign state in 20 a report pursuant to paragraph (1)(B) if— 21 (i) the foreign person or agency or in- 22 strumentality of a foreign state notifies the 23 United States Government in advance that 24 it proposes to engage in a significant 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2680 IS transaction described in that paragraph; 1 and 2 (ii) the President determines and noti- 3 fies the appropriate congressional commit- 4 tees in a classified form not less than 15 5 days prior to the foreign person or agency 6 or instrumentality of a foreign state engag- 7 ing in the significant transaction that the 8 significant transaction is in the national 9 interests of the United States. 10 (B) NON-APPLICABILITY.—Subparagraph 11 (A) shall not apply with respect to— 12 (i) an agency or instrumentality of a 13 foreign state that the Secretary of State 14 determines has repeatedly provided support 15 for acts of international terrorism pursu- 16 ant to section 1754(c) of the Export Con- 17 trols Act of 2018 (50 U.S.C. 4813(c)), sec- 18 tion 40 of the Arms Export Control Act 19 (22 U.S.C. 2780), section 620A of the 20 Foreign Assistance Act of 1961 (22 U.S.C. 21 2371), or any other provision of law; or 22 (ii) any significant transaction de- 23 scribed in paragraph (1)(B) that involves, 24 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2680 IS directly or indirectly, a foreign state de- 1 scribed in clause (i). 2 (b) IMPOSITION OF SANCTIONS.— 3 (1) IN GENERAL.—The President shall impose 4 two or more of the sanctions described in paragraph 5 (2) with respect to a foreign person or an agency or 6 instrumentality of a foreign state identified pursuant 7 to subsection (a). 8 (2) SANCTIONS DESCRIBED.—The sanctions de- 9 scribed in this paragraph to be imposed with respect 10 to a foreign person or an agency or instrumentality 11 of a foreign state are the following: 12 (A) The President may direct the Export- 13 Import Bank of the United States not to give 14 approval to the issuance of any guarantee, in- 15 surance, extension of credit, or participation in 16 the extension of credit in connection with the 17 export of any goods or services to the foreign 18 person or agency or instrumentality of a foreign 19 state, and the Export-Import Bank of the 20 United States shall comply with any such direc- 21 tion. 22 (B) The President may prohibit the sale of 23 any defense articles, defense services, or design 24 and construction services under the Arms Ex- 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2680 IS port Control Act (22 U.S.C. 2751 et seq.) to 1 the foreign person or agency or instrumentality 2 of a foreign state. 3 (C) The President may prohibit the 4 issuance of licenses for export of any item on 5 the United States Munitions List under section 6 38(a)(1) of the Arms Export Control Act (22 7 U.S.C. 2778(a)(1)) that include the foreign per- 8 son or agency or instrumentality of a foreign 9 state as a party. 10 (D) The President may prohibit the export 11 of any goods or technologies controlled for na- 12 tional security reasons under the Export Ad- 13 ministration Regulations under subchapter C of 14 chapter VII of title 15, Code of Federal Regula- 15 tions, to the foreign person or agency or instru- 16 mentality of a foreign state, except that such 17 prohibition shall not apply to any transaction 18 subject to the reporting requirements of title V 19 of the National Security Act of 1947 (50 20 U.S.C. 3091 et seq.). 21 (E) The President may prohibit any 22 United States financial institution from making 23 loans or providing any credit or financing total- 24 ing more than $10,000,000 to the foreign per- 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2680 IS son or agency or instrumentality of a foreign 1 state, except that this subparagraph shall not 2 apply to— 3 (i) any transaction subject to the re- 4 porting requirements of title V of the Na- 5 tional Security Act of 1947 (50 U.S.C. 6 3091 et seq.); 7 (ii) the provision of medicines, medical 8 equipment, and humanitarian assistance; 9 or 10 (iii) any credit, credit guarantee, or fi- 11 nancial assistance provided by the Depart- 12 ment of Agriculture to support the pur- 13 chase of food or other agricultural com- 14 modities. 15 (F) The President may exercise all powers 16 granted to the President by the International 17 Emergency Economic Powers Act (50 U.S.C. 18 1701 et seq.) (except that the requirements of 19 section 202 of such Act (50 U.S.C. 1701) shall 20 not apply) to the extent necessary to block and 21 prohibit all transactions in all property and in- 22 terests in property of a foreign person or agen- 23 cy or instrumentality of a foreign state if such 24 property and interests in property are in the 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2680 IS United States, come within the United States, 1 or are or come within the possession or control 2 of a United States person. 3 (3) EXCEPTION.—The President shall not be 4 required to apply sanctions under this subsection 5 with respect to a foreign person or an agency or in- 6 strumentality of a foreign state identified pursuant 7 to subsection (a) if the President certifies in writing 8 to the appropriate congressional committees that— 9 (A) the foreign person or agency or instru- 10 mentality— 11 (i) is no longer carrying out activities 12 or transactions for which the sanctions 13 were to be imposed; or 14 (ii) has taken and is continuing to 15 take significant verifiable steps toward ter- 16 minating the activities or transactions for 17 which the sanctions were to be imposed; 18 and 19 (B) the President has received reliable as- 20 surances from the foreign person or agency or 21 instrumentality that it will not carry out any 22 activities or transactions for which sanctions 23 may be imposed under this subsection in the fu- 24 ture. 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2680 IS (c) PENALTIES.— 1 (1) IN GENERAL.—The penalties provided for in 2 subsections (b) and (c) of section 206 of the Inter- 3 national Emergency Economic Powers Act (50 4 U.S.C. 1705) shall apply to a person that knowingly 5 violates, attempts to violate, conspires to violate, or 6 causes a violation of regulations prescribed under 7 section 8(b) to carry out subsection (b)(2)(F) to the 8 same extent that such penalties apply to a person 9 that knowingly commits an unlawful act described in 10 section 206(a) of that Act. 11 (2) AUTHORITIES.—The President may exercise 12 all authorities provided to the President under sec- 13 tions 203 and 205 of the International Emergency 14 Economic Powers Act (50 U.S.C. 1702 and 1704) 15 for purposes of carrying out subsection (b)(2)(F). 16 (d) WAIVER.— 17 (1) IN GENERAL.—The President may waive, 18 on a case-by-case basis and for a period of not more 19 than 180 days, a requirement under subsection (b) 20 to impose or maintain sanctions with respect to a 21 foreign person or agency or instrumentality of a for- 22 eign state if the President— 23 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2680 IS (A) determines that the waiver is in the 1 national security interest of the United States; 2 and 3 (B) not less than 30 days before the waiv- 4 er takes effect, submits to the appropriate con- 5 gressional committees a report on the waiver 6 and the justification for the waiver. 7 (2) RENEWAL OF WAIVER.—The President 8 may, on a case-by-case basis, renew a waiver under 9 paragraph (1) for additional periods of not more 10 than 180 days if the President— 11 (A) determines that the renewal of the 12 waiver is in the national security interest of the 13 United States; and 14 (B) not less than 15 days before the waiv- 15 er expires, submits to the appropriate congres- 16 sional committees a report on the renewal of 17 the waiver and the justification for the renewal 18 of the waiver. 19 (e) RULE OF CONSTRUCTION.—The authority to im- 20 pose sanctions under subsection (b) with respect to a for- 21 eign person or an agency or instrumentality of a foreign 22 state identified pursuant to subsection (a) is in addition 23 to the authority to impose sanctions under any other pro- 24 vision of law with respect to foreign persons or agencies 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2680.IS S2680 pam [Text truncated for display. 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