What This Bill Does
This bill creates new penalties against foreign people and foreign countries that support terrorist groups including Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, and the Lion's Den. The law aims to stop these groups from getting money, materials and support from other countries, and to prevent them from using goods like medicine to smuggle weapons.
Who It Affects
Foreign individuals and companies that knowingly provide money, materials or services to these terrorist groups. Foreign countries that provide support to these groups. U.S. government agencies responsible for enforcing these penalties. Congressional committees that receive reports about enforcement.
Key Provisions
• The President must impose financial sanctions (freezing money and property in the U.S.) on foreign individuals who knowingly provide significant financial, material or technological support to acts of terrorism, or who conduct significant business deals with senior members of the listed terrorist groups. (Sec. 3)
• The President must impose penalties on foreign countries that knowingly provide significant material or financial support to the listed terrorist groups or engage in significant transactions that help these groups' terrorist activities. (Sec. 4)
• These penalties against countries include suspending U.S. aid for at least one year, instructing the U.S. to vote against loans from international banks for one year, and banning exports of weapons and controlled items to that country for one year. (Sec. 4)
• The President must issue rules and guidance to carry out these sanctions within 60 days of enactment. (Sec. 3, Sec. 4)
• The President may waive (skip) sanctions for national security reasons or to deliver food, medicine and medical supplies, if Congress is notified at least 15 days in advance. (Sec. 3, Sec. 4)
• The President must submit reports to Congress every 180 days about efforts to disrupt the money-raising, financing and money-laundering activities of these groups worldwide. (Sec. 5)
What Changes
The President gains authority to freeze property and money belonging to foreign individuals and countries that support the named terrorist groups. Foreign countries supporting these groups face suspension of U.S. aid and trade restrictions. The U.S. will actively oppose loans to sanctioned countries from international financial institutions. Congress will receive regular reports on the financial networks of these groups and which countries are supporting them.
Important Definitions
"Act of terrorism" means a violent or dangerous activity intended to intimidate civilians, influence government policy through intimidation, or harm people through mass destruction, assassination, kidnapping or hostage-taking. (Sec. 8)
"Humanitarian aid" means food, medicine and medical supplies. (Sec. 8)
"Material support" is defined by existing federal law about supporting terrorism. (Sec. 8)
"United States person" means a U.S. citizen, permanent resident, or any company organized under U.S. law including foreign branches. (Sec. 8)
Effective Date
Not specified in bill text. However, the President has 180 days from enactment to impose sanctions on foreign individuals and foreign countries. The President has 60 days from enactment to issue regulations. Reports to Congress begin 90 days after enactment and continue every 180 days thereafter. The law automatically expires on the earlier of seven years after enactment or 30 days after the President certifies that the listed groups are no longer designated as terrorist organizations and no longer face existing terrorism sanctions.
II
Calendar No. 237
118TH CONGRESS
1ST SESSION
H. R. 340
IN THE SENATE OF THE UNITED STATES
NOVEMBER 2, 2023
Received; read the first time
NOVEMBER 6, 2023
Read the second time and placed on the calendar
AN ACT
To impose sanctions with respect to foreign support for ter-
rorist organizations, including Hamas and the Pales-
tinian Islamic Jihad.
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 ‘‘Hamas and Other Pal-
4
estinian Terrorist Groups International Financing Preven-
5
tion Act’’.
6
SEC. 2. STATEMENT OF POLICY.
7
It shall be the policy of the United States—
8
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HR 340 PCS
(1) to prevent Hamas, Palestinian Islamic
1
Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or
2
any affiliate or successor thereof from accessing its
3
international support networks; and
4
(2) to oppose Hamas, the Palestinian Islamic
5
Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or
6
any affiliate or successor thereof from using goods,
7
including medicine and dual use items, to smuggle
8
weapons and other materials to further acts of ter-
9
rorism, including against Israel.
10
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR-
11
EIGN PERSONS SUPPORTING ACTS OF TER-
12
RORISM
OR
ENGAGING
IN
SIGNIFICANT
13
TRANSACTIONS WITH SENIOR MEMBERS OF
14
HAMAS, PALESTINIAN ISLAMIC JIHAD AND
15
OTHER PALESTINIAN TERRORIST ORGANIZA-
16
TIONS.
17
(a) IN GENERAL.—Not later than 180 days after the
18
date of enactment of this Act, the President shall impose
19
the sanctions described in subsection (c) with respect to
20
each foreign person that the President determines, on or
21
after the date of the enactment of this Act, engages in
22
an activity described in subsection (b).
23
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HR 340 PCS
(b) ACTIVITIES DESCRIBED.—A foreign person en-
1
gages in an activity described in this subsection if the for-
2
eign person knowingly—
3
(1) assists in sponsoring or providing signifi-
4
cant financial, material, or technological support for,
5
or goods or other services to enable, acts of ter-
6
rorism; or
7
(2) engages, directly or indirectly, in a signifi-
8
cant transaction with—
9
(A) a senior member of Hamas, Pales-
10
tinian Islamic Jihad, Al-Aqsa Martyrs Brigade,
11
the Lion’s Den, or any affiliate or successor
12
thereof; or
13
(B) a senior member of a foreign terrorist
14
organization designated pursuant to section 219
15
of the Immigration and Nationality Act (8
16
U.S.C. 1189) that is responsible for providing,
17
directly or indirectly, support to Hamas, Pales-
18
tinian Islamic Jihad, Al-Aqsa Martyrs Brigade,
19
the Lion’s Den, or any affiliate or successor
20
thereof.
21
(c) SANCTIONS DESCRIBED.—The President shall ex-
22
ercise all of the powers granted to the President under
23
the International Emergency Economic Powers Act (50
24
U.S.C. 1701 et seq.) to the extent necessary to block and
25
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HR 340 PCS
prohibit all transactions in property and interests in prop-
1
erty of a foreign person described in subsection (a) if such
2
property and interests in property are in the United
3
States, come within the United States, or are or come
4
within the possession or control of a United States person.
5
(d) PENALTIES.—The penalties provided for in sub-
6
sections (b) and (c) of section 206 of the International
7
Emergency Economic Powers Act (50 U.S.C. 1705) shall
8
apply to a person that violates, attempts to violate, con-
9
spires to violate, or causes a violation of this section or
10
any regulations promulgated to carry out this section to
11
the same extent that such penalties apply to a person that
12
commits an unlawful act described in section 206(a) of
13
that Act.
14
(e) IMPLEMENTATION; REGULATIONS.—
15
(1) IN GENERAL.—The President may exercise
16
all authorities provided under sections 203 and 205
17
of the International Emergency Economic Powers
18
Act (50 U.S.C. 1702 and 1704) for purposes of car-
19
rying out this section.
20
(2) REGULATIONS.—Not later than 60 days
21
after the date of the enactment of this Act, the
22
President shall issue regulations or other guidance
23
as may be necessary for the implementation of this
24
section.
25
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HR 340 PCS
(f) WAIVER.—The President may waive, on a case-
1
by-case basis and for a period of not more than 180 days,
2
the application of sanctions under this section with respect
3
to a foreign person only if, not later than 15 days prior
4
to the date on which the waiver is to take effect, the Presi-
5
dent submits to the appropriate congressional committees
6
a written determination and justification that the waiver
7
is in the vital national security interests of the United
8
States.
9
(g) HUMANITARIAN
EXEMPTION.—The President
10
may waive the application of any provision of this section
11
if the President certifies in writing to the appropriate con-
12
gressional committees that such a waiver is vital to facili-
13
tate the delivery of humanitarian aid and is consistent
14
with the national security interests of the United States
15
15 days prior to the waiver taking effect.
16
(h) RULE OF CONSTRUCTION.—The authority to im-
17
pose sanctions under this section with respect to a foreign
18
person is in addition to the authority to impose sanctions
19
under any other provision of law with respect to a foreign
20
person that directly or indirectly supports acts of inter-
21
national terrorism.
22
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HR 340 PCS
SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOR-
1
EIGN
STATES
PROVIDING
SUPPORT
TO
2
HAMAS, PALESTINIAN ISLAMIC JIHAD AND
3
OTHER PALESTINIAN TERRORIST ORGANIZA-
4
TIONS.
5
(a) IN GENERAL.—Not later than 180 days after the
6
date of enactment of this Act, the President shall impose
7
the measures described in subsection (c) with respect to
8
a foreign state if the President determines that the foreign
9
state, on or after the date of the enactment of this Act,
10
engages in an activity described in subsection (b).
11
(b) ACTIVITIES DESCRIBED.—A foreign state en-
12
gages in an activity described in this subsection if the for-
13
eign state knowingly—
14
(1) provides significant material or financial
15
support for acts of international terrorism, pursuant
16
to—
17
(A) section 1754(c) of the Export Control
18
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
19
(B) section 620A of the Foreign Assistance
20
Act of 1961 (22 U.S.C. 2371);
21
(C) section 40 of the Arms Export Control
22
Act (22 U.S.C. 2780); or
23
(D) any other provision of law;
24
(2) provides significant material support to
25
Hamas, the Palestinian Islamic Jihad, Al-Aqsa Mar-
26
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HR 340 PCS
tyrs Brigade, the Lion’s Den, or any affiliate or suc-
1
cessor thereof; or
2
(3) engages in a significant transaction that
3
materially contributes, directly or indirectly, to the
4
terrorist activities of Hamas, the Palestinian Islamic
5
Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or
6
any affiliate or successor thereof.
7
(c) MEASURES
DESCRIBED.—The measures de-
8
scribed in this subsection with respect to a foreign state
9
are the following:
10
(1) The President shall suspend, for a period of
11
at least 1 year, United States assistance to the for-
12
eign state.
13
(2) The Secretary of the Treasury shall instruct
14
the United States Executive Director to each appro-
15
priate international financial institution to oppose,
16
and vote against, for a period of 1 year, the exten-
17
sion by such institution of any loan or financial or
18
technical assistance to the government of the foreign
19
state.
20
(3) The President shall prohibit the export of
21
any item on the United States Munitions List (es-
22
tablished pursuant to section 38 of the Arms Export
23
Control Act (22 U.S.C. 2778)) or the Commerce
24
Control List set forth in Supplement No. 1 to part
25
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HR 340 PCS
774 of title 15, Code of Federal Regulations, to the
1
foreign state for a period of 1 year.
2
(d) PENALTIES.—The penalties provided for in sub-
3
sections (b) and (c) of section 206 of the International
4
Emergency Economic Powers Act (50 U.S.C. 1705) shall
5
apply to a person that violates, attempts to violate, con-
6
spires to violate, or causes a violation of this section or
7
any regulations promulgated to carry out this section to
8
the same extent that such penalties apply to a person that
9
commits an unlawful act described in section 206(a) of
10
that Act.
11
(e) WAIVER.—The President may waive, on a case-
12
by-case basis and for a period of not more than 180 days,
13
the application of measures under this section with respect
14
to a foreign state only if, not later than 15 days prior
15
to the date on which the waiver is to take effect, the Presi-
16
dent submits to the appropriate congressional committees
17
a written determination and justification that the waiver
18
is in the vital national security interests of the United
19
States.
20
(f) IMPLEMENTATION; REGULATIONS.—
21
(1) IN GENERAL.—The President may exercise
22
all authorities provided under sections 203 and 205
23
of the International Emergency Economic Powers
24
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HR 340 PCS
Act (50 U.S.C. 1702 and 1704) for purposes of car-
1
rying out this section.
2
(2) REGULATIONS.—Not later than 60 days
3
after the date of the enactment of this Act, the
4
President shall issue regulations or other guidance
5
as may be necessary for the implementation of this
6
section.
7
(g) ADDITIONAL EXEMPTIONS.—
8
(1) STATUS
OF
FORCES
AGREEMENTS.—The
9
President may exempt the application of measures
10
under this section with respect to a foreign state if
11
the application of such measures would prevent the
12
United States from meeting the terms of any status
13
of forces agreement to which the United States is a
14
party.
15
(2) AUTHORIZED INTELLIGENCE ACTIVITIES.—
16
Measures under this section shall not apply with re-
17
spect to any activity subject to the reporting require-
18
ments under title V of the National Security Act of
19
1947 (50 U.S.C. 3091 et seq.) or any authorized in-
20
telligence activities of the United States.
21
(3) HUMANITARIAN
EXEMPTION.—The Presi-
22
dent may waive the application of any provision of
23
this section if the President certifies in writing to
24
the appropriate congressional committees that such
25
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HR 340 PCS
a waiver is vital to facilitate the delivery of humani-
1
tarian aid and is consistent with the national secu-
2
rity interests of the United States 15 days prior to
3
the waiver taking effect.
4
(h) RULE OF CONSTRUCTION.—The authority to im-
5
pose measures under this section with respect to a foreign
6
state is in addition to the authority to impose measures
7
under any other provision of law with respect to foreign
8
states that directly or indirectly support acts of inter-
9
national terrorism.
10
SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL
11
FUNDRAISING,
FINANCING,
AND
MONEY
12
LAUNDERING ACTIVITIES OF HAMAS, PALES-
13
TINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS
14
BRIGADE, THE LION’S DEN OR ANY AFFIL-
15
IATE OR SUCCESSOR THEREOF.
16
(a) IN GENERAL.—Not later than 90 days after the
17
date of enactment of this Act, and every 180 days there-
18
after, the President shall submit to the appropriate con-
19
gressional committees a report that includes—
20
(1) an assessment of the disposition of the as-
21
sets and activities of Hamas, the Palestinian Islamic
22
Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or
23
any affiliate or successor thereof related to fund-
24
raising, financing, and money laundering worldwide;
25
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HR 340 PCS
(2) a list of foreign states that knowingly pro-
1
viding material, financial, or technical support for,
2
or goods or services to Hamas, the Palestinian Is-
3
lamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s
4
Den, or any affiliate or successor thereof;
5
(3) a list of foreign states in which Hamas, the
6
Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade,
7
the Lion’s Den, or any affiliate or successor thereof
8
conducts significant fundraising, financing, or money
9
laundering activities;
10
(4) a list of foreign states from which Hamas,
11
the Palestinian Islamic Jihad, Al-Aqsa Martyrs Bri-
12
gade, the Lion’s Den, or any affiliate or successor
13
thereof knowingly engaged in the transfer of surveil-
14
lance equipment, electronic monitoring equipment,
15
or other means to inhibit communication or the free
16
flow of information in Gaza; and
17
(5) with respect to each foreign state listed in
18
paragraph (2), (3), or (4)—
19
(A) a description of the steps the foreign
20
state identified is taking adequate measures to
21
restrict financial flows to Hamas, the Pales-
22
tinian Islamic Jihad, Al-Aqsa Martyrs Brigade,
23
the Lion’s Den, or any affiliates or successors
24
thereof; and
25
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HR 340 PCS
(B) in the case of a foreign state failing to
1
take adequate measures to restrict financial
2
flows to Hamas, Palestinian Islamic Jihad, Al-
3
Aqsa Martyrs Brigade, the Lion’s Den or any
4
other designated entity engaged in significant
5
act of terrorism threatening the peace and secu-
6
rity of Israel—
7
(i) an assessment of the reasons that
8
[Text truncated for display. Full text available on Congress.gov.]