Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1647 To impose sanctions with respect to foreign support for terrorist organizations in Gaza and the West Bank, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 17, 2023 Mr. RUBIO (for himself, Mr. CRAMER, Mr. CASSIDY, Mr. BRAUN, Mr. TILLIS, Mr. SCOTT of Florida, Mr. HOEVEN, Mr. MORAN, and Mr. YOUNG) intro- duced the following bill; which was read twice and referred to the Com- mittee on Foreign Relations A BILL To impose sanctions with respect to foreign support for ter- rorist organizations in Gaza and the West Bank, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Hamas and Palestinian Islamic Jihad International Ter- 5 rorism Support Prevention Act of 2023’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1647 IS 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 Pal- estinian 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 Pal- estinian 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 Pal- estinian Islamic Jihad, or any affiliate or successor thereof. Sec. 7. Miscellaneous provisions. Sec. 8. Determination of budgetary effects. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADMITTED.—The term ‘‘admitted’’ has the 3 meaning given that term in section 101(a)(13)(A) of 4 the Immigration and Nationality Act (8 U.S.C. 5 1101(a)(13)(A)). 6 (2) AGENCY OR INSTRUMENTALITY OF A FOR- 7 EIGN STATE.—The term ‘‘agency or instrumentality 8 of a foreign state’’ has the meaning given that term 9 in section 1603(b) of title 28, United States Code. 10 (3) APPROPRIATE CONGRESSIONAL COMMIT- 11 TEES.—The term ‘‘appropriate congressional com- 12 mittees’’ means the Committee on Foreign Relations 13 of the Senate and the Committee on Foreign Affairs 14 of the House of Representatives. 15 (4) FOREIGN PERSON.—The term ‘‘foreign per- 16 son’’ means— 17 (A) an individual who is not a United 18 States person; or 19 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1647 IS (B) a corporation, partnership, or other 1 nongovernmental entity that is not a United 2 States person. 3 (5) MATERIAL SUPPORT.—The term ‘‘material 4 support’’ has the meaning given the term ‘‘material 5 support or resources’’ in section 2339A of title 18, 6 United States Code. 7 (6) PERSON.—The term ‘‘person’’ means an in- 8 dividual or entity. 9 (7) UNITED STATES PERSON.—The term 10 ‘‘United States person’’ means— 11 (A) a United States citizen or an alien law- 12 fully admitted for permanent residence to the 13 United States; 14 (B) an entity organized under the laws of 15 the United States or of any jurisdiction within 16 the United States, including a foreign branch of 17 such an entity; or 18 (C) a person in the United States. 19 SEC. 3. STATEMENT OF POLICY. 20 It is the policy of the United States— 21 (1) to prevent Hamas, the Palestinian Islamic 22 Jihad, or any affiliate or successor thereof from ac- 23 cessing its international support networks; and 24 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1647 IS (2) to oppose Hamas, the Palestinian Islamic 1 Jihad, or any affiliate or successor thereof from at- 2 tempting to use goods, including medicine and dual- 3 use items, to smuggle weapons and other materials 4 to further acts of terrorism. 5 SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR- 6 EIGN PERSONS AND AGENCIES AND INSTRU- 7 MENTALITIES OF FOREIGN STATES SUP- 8 PORTING HAMAS, THE PALESTINIAN ISLAMIC 9 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 10 THEREOF. 11 (a) IN GENERAL.—Not later than 180 days after the 12 date of the enactment of this Act, the President shall im- 13 pose the sanctions required under subsection (c) with re- 14 spect to any foreign person and any agency or instrumen- 15 tality of a foreign state that the President determines 16 knowingly— 17 (1) assists in, sponsors, or provides significant 18 financial or material support for, or financial or 19 other services to or in support of any person de- 20 scribed in subsection (b); or 21 (2) directly or indirectly, materially engages in 22 a significant transaction with any person described 23 in subsection (b). 24 (b) PERSON DESCRIBED.— 25 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1647 IS (1) IN GENERAL.—A person described in this 1 subsection is a foreign person that the President de- 2 termines— 3 (A) is a senior member of Hamas, the Pal- 4 estinian Islamic Jihad, or any affiliate or suc- 5 cessor thereof; 6 (B) is a senior member of the Al-Aqsa 7 Martyr’s Brigade, Lion’s Den, or any other en- 8 tity that the President determines is part of the 9 terrorist infrastructure in the West Bank and 10 Gaza; 11 (C) is a senior member of a foreign ter- 12 rorist organization designated pursuant to sec- 13 tion 219 of the Immigration and Nationality 14 Act (8 U.S.C. 1189) whose members directly or 15 indirectly support any of the activities of, know- 16 ingly engage in a significant transaction with, 17 or provide financial or material support for 18 Hamas, the Palestinian Islamic Jihad, any affil- 19 iate or successor thereof, or any person de- 20 scribed in subparagraph (A) or (B); or 21 (D) knowingly provides or has provided 22 material assistance, financial or material sup- 23 port, or goods or services that directly or indi- 24 rectly supports the terrorist activities of any 25 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1647 IS foreign person described in subparagraph (A) or 1 (B). 2 (2) REQUIREMENT TO ISSUE GUIDANCE.—Not 3 later than 60 days after the date of the enactment 4 of this Act, and not later than 180 days thereafter, 5 the President shall issue regulations or other guid- 6 ance to identify the persons described in this sub- 7 section. 8 (c) SANCTIONS REQUIRED.— 9 (1) FOREIGN PERSONS.—With respect to a for- 10 eign person subject to sanctions under subsection 11 (a), the President shall exercise all powers granted 12 to the President by the International Emergency 13 Economic Powers Act (50 U.S.C. 1701 et seq.) (ex- 14 cept that the requirements of section 202 of such 15 Act (50 U.S.C. 1701) shall not apply) to the extent 16 necessary to block and prohibit all transactions in all 17 property and interests in property of the foreign per- 18 son if such property and interests in property are in 19 the United States, come within the United States, or 20 are or come within the possession or control of a 21 United States person. 22 (2) AGENCIES OR INSTRUMENTALITIES OF A 23 FOREIGN STATE.—With respect to an agency or in- 24 strumentality of a foreign state subject to sanctions 25 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1647 IS under subsection (a), the President shall impose 2 or 1 more of the following: 2 (A) The President may direct the Export- 3 Import Bank of the United States not to give 4 approval to the issuance of any guarantee, in- 5 surance, extension of credit, or participation in 6 the extension of credit in connection with the 7 export of any goods or services to the agency or 8 instrumentality, and the Export-Import Bank 9 of the United States shall comply with any such 10 direction. 11 (B) The President may prohibit the sale of 12 any defense articles, defense services, or design 13 and construction services under the Arms Ex- 14 port Control Act (22 U.S.C. 2751 et seq.) to 15 the agency or instrumentality. 16 (C) The President may prohibit the 17 issuance of licenses for export of any item on 18 the United States Munitions List under section 19 38(a)(1) of the Arms Export Control Act (22 20 U.S.C. 2778(a)(1)) that include the agency or 21 instrumentality as a party to the license. 22 (D) The President may prohibit the export 23 of any goods or technologies controlled for na- 24 tional security reasons under the Export Ad- 25 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1647 IS ministration Regulations under subchapter C of 1 chapter VII of title 15, Code of Federal Regula- 2 tions, or successor regulations, to the agency or 3 instrumentality, except that such prohibition 4 shall not apply to any transaction subject to the 5 reporting requirements of title V of the Na- 6 tional Security Act of 1947 (50 U.S.C. 3091 et 7 seq.). 8 (E) The President may prohibit any 9 United States financial institution from making 10 loans or providing any credit or financing total- 11 ing more than $10,000,000 to the agency or in- 12 strumentality, except that this subparagraph 13 shall not apply to— 14 (i) any transaction subject to the re- 15 porting requirements of title V of the Na- 16 tional Security Act of 1947 (50 U.S.C. 17 3091 et seq.); 18 (ii) the provision of medicines, medical 19 equipment, and humanitarian assistance; 20 or 21 (iii) any credit, credit guarantee, or fi- 22 nancial assistance provided by the Depart- 23 ment of Agriculture to support the pur- 24 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1647 IS chase of food or other agricultural com- 1 modities. 2 (F) The President may exercise all powers 3 granted to the President by the International 4 Emergency Economic Powers Act (50 U.S.C. 5 1701 et seq.) (except that the requirements of 6 section 202 of such Act (50 U.S.C. 1701) shall 7 not apply) to the extent necessary to block and 8 prohibit all transactions in all property and in- 9 terests in property of the agency or instrumen- 10 tality if such property and interests in property 11 are in the United States, come within the 12 United States, or are or come within the pos- 13 session or control of a United States person. 14 (d) CONGRESSIONAL NOMINATION DETERMINATION 15 WITH RESPECT TO FOREIGN PERSONS SUBJECT TO 16 SANCTIONS.—Not later than 60 days after receiving a re- 17 quest from the chairman and ranking member of one of 18 the appropriate congressional committees with respect to 19 whether a foreign person is subject to sanctions under sub- 20 section (a) pursuant to the criteria set forth in that sub- 21 section, the President shall— 22 (1) determine if the person meets those criteria; 23 and 24 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1647 IS (2) submit a classified or unclassified report to 1 such chairman and ranking member with respect to 2 the determination under paragraph (1) that includes 3 a statement of whether or not the President has im- 4 posed or intends to impose sanctions with respect to 5 that person. 6 (e) 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 7(b) to carry out paragraph (1) or (2)(F) of 14 subsection (c) to the same extent that such penalties 15 apply to a person that knowingly commits an unlaw- 16 ful act described in 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 paragraphs (1) and 22 (2)(F) of subsection (c). 23 (f) EXCEPTION.—The President shall not be required 24 to impose sanctions under this section with respect to a 25 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1647 IS foreign person or an agency or instrumentality of a foreign 1 state if the President certifies in writing to the appropriate 2 congressional committees that— 3 (1) the foreign person or agency or instrumen- 4 tality (as the case may be)— 5 (A) is no longer carrying out activities or 6 transactions subject to sanctions under this sec- 7 tion; or 8 (B) has taken and is continuing to take 9 significant verifiable steps toward terminating 10 activities or transactions subject to sanctions 11 under this section; and 12 (2) the President has received reliable assur- 13 ances from the foreign person or agency or instru- 14 mentality (as the case may be) that it will not carry 15 out any activities or transactions subject to sanc- 16 tions under this section in the future. 17 (g) WAIVER.— 18 (1) IN GENERAL.—The President may waive, 19 on a case-by-case basis and for a period of not more 20 than 180 days, a requirement under this section to 21 impose or maintain sanctions with respect to a for- 22 eign person or agency or instrumentality of a foreign 23 state if the President— 24 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1647 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 Pres [Text truncated for display. Full text available on Congress.gov.]