118THCONGRESS 1 STSESSION H. R. 340 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 2 •HR 340 EH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Hamas and Other Pal-2 estinian Terrorist Groups International Financing Preven-3 tion Act’’. 4 SEC. 2. STATEMENT OF POLICY. 5 It shall be the policy of the United States— 6 (1) to prevent Hamas, Palestinian Islamic 7 Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 8 any affiliate or successor thereof from accessing its 9 international support networks; and 10 (2) to oppose Hamas, the Palestinian Islamic 11 Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 12 any affiliate or successor thereof from using goods, 13 including medicine and dual use items, to smuggle 14 weapons and other materials to further acts of ter-15 rorism, including against Israel. 16 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR-17 EIGN PERSONS SUPPORTING ACTS OF TER-18 RORISM OR ENGAGING IN SIGNIFICANT 19 TRANSACTIONS WITH SENIOR MEMBERS OF 20 HAMAS, PALESTINIAN ISLAMIC JIHAD AND 21 OTHER PALESTINIAN TERRORIST ORGANIZA-22 TIONS. 23 (a) I NGENERAL.—Not later than 180 days after the 24 date of enactment of this Act, the President shall impose 25 the sanctions described in subsection (c) with respect to 26 3 •HR 340 EH each foreign person that the President determines, on or 1 after the date of the enactment of this Act, engages in 2 an activity described in subsection (b). 3 (b) A CTIVITIESDESCRIBED.—A foreign person en-4 gages in an activity described in this subsection if the for-5 eign person knowingly— 6 (1) assists in sponsoring or providing signifi-7 cant financial, material, or technological support for, 8 or goods or other services to enable, acts of ter-9 rorism; or 10 (2) engages, directly or indirectly, in a signifi-11 cant transaction with— 12 (A) a senior member of Hamas, Pales-13 tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 14 the Lion’s Den, or any affiliate or successor 15 thereof; or 16 (B) a senior member of a foreign terrorist 17 organization designated pursuant to section 219 18 of the Immigration and Nationality Act (8 19 U.S.C. 1189) that is responsible for providing, 20 directly or indirectly, support to Hamas, Pales-21 tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 22 the Lion’s Den, or any affiliate or successor 23 thereof. 24 4 •HR 340 EH (c) SANCTIONSDESCRIBED.—The President shall ex-1 ercise all of the powers granted to the President under 2 the International Emergency Economic Powers Act (50 3 U.S.C. 1701 et seq.) to the extent necessary to block and 4 prohibit all transactions in property and interests in prop-5 erty of a foreign person described in subsection (a) if such 6 property and interests in property are in the United 7 States, come within the United States, or are or come 8 within the possession or control of a United States person. 9 (d) P ENALTIES.—The penalties provided for in sub-10 sections (b) and (c) of section 206 of the International 11 Emergency Economic Powers Act (50 U.S.C. 1705) shall 12 apply to a person that violates, attempts to violate, con-13 spires to violate, or causes a violation of this section or 14 any regulations promulgated to carry out this section to 15 the same extent that such penalties apply to a person that 16 commits an unlawful act described in section 206(a) of 17 that Act. 18 (e) I MPLEMENTATION; REGULATIONS.— 19 (1) I N GENERAL.—The President may exercise 20 all authorities provided under sections 203 and 205 21 of the International Emergency Economic Powers 22 Act (50 U.S.C. 1702 and 1704) for purposes of car-23 rying out this section. 24 5 •HR 340 EH (2) REGULATIONS.—Not later than 60 days 1 after the date of the enactment of this Act, the 2 President shall issue regulations or other guidance 3 as may be necessary for the implementation of this 4 section. 5 (f) W AIVER.—The President may waive, on a case- 6 by-case basis and for a period of not more than 180 days, 7 the application of sanctions under this section with respect 8 to a foreign person only if, not later than 15 days prior 9 to the date on which the waiver is to take effect, the Presi-10 dent submits to the appropriate congressional committees 11 a written determination and justification that the waiver 12 is in the vital national security interests of the United 13 States. 14 (g) H UMANITARIAN EXEMPTION.—The President 15 may waive the application of any provision of this section 16 if the President certifies in writing to the appropriate con-17 gressional committees that such a waiver is vital to facili-18 tate the delivery of humanitarian aid and is consistent 19 with the national security interests of the United States 20 15 days prior to the waiver taking effect. 21 (h) R ULE OFCONSTRUCTION.—The authority to im-22 pose sanctions under this section with respect to a foreign 23 person is in addition to the authority to impose sanctions 24 under any other provision of law with respect to a foreign 25 6 •HR 340 EH person that directly or indirectly supports acts of inter-1 national terrorism. 2 SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOR-3 EIGN STATES PROVIDING SUPPORT TO 4 HAMAS, PALESTINIAN ISLAMIC JIHAD AND 5 OTHER PALESTINIAN TERRORIST ORGANIZA-6 TIONS. 7 (a) I NGENERAL.—Not later than 180 days after the 8 date of enactment of this Act, the President shall impose 9 the measures described in subsection (c) with respect to 10 a foreign state if the President determines that the foreign 11 state, on or after the date of the enactment of this Act, 12 engages in an activity described in subsection (b). 13 (b) A CTIVITIESDESCRIBED.—A foreign state en-14 gages in an activity described in this subsection if the for-15 eign state knowingly— 16 (1) provides significant material or financial 17 support for acts of international terrorism, pursuant 18 to— 19 (A) section 1754(c) of the Export Control 20 Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)); 21 (B) section 620A of the Foreign Assistance 22 Act of 1961 (22 U.S.C. 2371); 23 (C) section 40 of the Arms Export Control 24 Act (22 U.S.C. 2780); or 25 7 •HR 340 EH (D) any other provision of law; 1 (2) provides significant material support to 2 Hamas, the Palestinian Islamic Jihad, Al-Aqsa Mar-3 tyrs Brigade, the Lion’s Den, or any affiliate or suc-4 cessor thereof; or 5 (3) engages in a significant transaction that 6 materially contributes, directly or indirectly, to the 7 terrorist activities of Hamas, the Palestinian Islamic 8 Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 9 any affiliate or successor thereof. 10 (c) M EASURESDESCRIBED.—The measures de-11 scribed in this subsection with respect to a foreign state 12 are the following: 13 (1) The President shall suspend, for a period of 14 at least 1 year, United States assistance to the for-15 eign state. 16 (2) The Secretary of the Treasury shall instruct 17 the United States Executive Director to each appro-18 priate international financial institution to oppose, 19 and vote against, for a period of 1 year, the exten-20 sion by such institution of any loan or financial or 21 technical assistance to the government of the foreign 22 state. 23 (3) The President shall prohibit the export of 24 any item on the United States Munitions List (es-25 8 •HR 340 EH tablished pursuant to section 38 of the Arms Export 1 Control Act (22 U.S.C. 2778)) or the Commerce 2 Control List set forth in Supplement No. 1 to part 3 774 of title 15, Code of Federal Regulations, to the 4 foreign state for a period of 1 year. 5 (d) P ENALTIES.—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) W AIVER.—The President may waive, on a case- 15 by-case basis and for a period of not more than 180 days, 16 the application of measures under this section with respect 17 to a foreign state only if, not later than 15 days prior 18 to the date on which the waiver is to take effect, the Presi-19 dent submits to the appropriate congressional committees 20 a written determination and justification that the waiver 21 is in the vital national security interests of the United 22 States. 23 (f) I MPLEMENTATION; REGULATIONS.— 24 9 •HR 340 EH (1) IN GENERAL.—The President may exercise 1 all authorities provided under sections 203 and 205 2 of the International Emergency Economic Powers 3 Act (50 U.S.C. 1702 and 1704) for purposes of car-4 rying out this section. 5 (2) R EGULATIONS.—Not later than 60 days 6 after the date of the enactment of this Act, the 7 President shall issue regulations or other guidance 8 as may be necessary for the implementation of this 9 section. 10 (g) A DDITIONALEXEMPTIONS.— 11 (1) S TATUS OF FORCES AGREEMENTS .—The 12 President may exempt the application of measures 13 under this section with respect to a foreign state if 14 the application of such measures would prevent the 15 United States from meeting the terms of any status 16 of forces agreement to which the United States is a 17 party. 18 (2) A UTHORIZED INTELLIGENCE ACTIVITIES .— 19 Measures under this section shall not apply with re-20 spect to any activity subject to the reporting require-21 ments under title V of the National Security Act of 22 1947 (50 U.S.C. 3091 et seq.) or any authorized in-23 telligence activities of the United States. 24 10 •HR 340 EH (3) HUMANITARIAN EXEMPTION .—The Presi-1 dent may waive the application of any provision of 2 this section if the President certifies in writing to 3 the appropriate congressional committees that such 4 a waiver is vital to facilitate the delivery of humani-5 tarian aid and is consistent with the national secu-6 rity interests of the United States 15 days prior to 7 the waiver taking effect. 8 (h) R ULE OFCONSTRUCTION.—The authority to im-9 pose measures under this section with respect to a foreign 10 state is in addition to the authority to impose measures 11 under any other provision of law with respect to foreign 12 states that directly or indirectly support acts of inter-13 national terrorism. 14 SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL 15 FUNDRAISING, FINANCING, AND MONEY 16 LAUNDERING ACTIVITIES OF HAMAS, PALES-17 TINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS 18 BRIGADE, THE LION’S DEN OR ANY AFFIL-19 IATE OR SUCCESSOR THEREOF. 20 (a) I NGENERAL.—Not later than 90 days after the 21 date of enactment of this Act, and every 180 days there-22 after, the President shall submit to the appropriate con-23 gressional committees a report that includes— 24 11 •HR 340 EH (1) an assessment of the disposition of the as-1 sets and activities of Hamas, the Palestinian Islamic 2 Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 3 any affiliate or successor thereof related to fund-4 raising, financing, and money laundering worldwide; 5 (2) a list of foreign states that knowingly pro-6 viding material, financial, or technical support for, 7 or goods or services to Hamas, the Palestinian Is-8 lamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s 9 Den, or any affiliate or successor thereof; 10 (3) a list of foreign states in which Hamas, the 11 Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 12 the Lion’s Den, or any affiliate or successor thereof 13 conducts significant fundraising, financing, or money 14 laundering activities; 15 (4) a list of foreign states from which Hamas, 16 the Palestinian Islamic Jihad, Al-Aqsa Martyrs Bri-17 gade, the Lion’s Den, or any affiliate or successor 18 thereof knowingly engaged in the transfer of surveil-19 lance equipment, electronic monitoring equipment, 20 or other means to inhibit communication or the free 21 flow of information in Gaza; and 22 (5) with respect to each foreign state listed in 23 paragraph (2), (3), or (4)— 24 12 •HR 340 EH (A) a description of the steps the foreign 1 state identified is taking adequate measures to 2 restrict financial flows to Hamas, the Pales-3 tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 4 the Lion’s Den, or any affiliates or successors 5 thereof; and 6 (B) in the case of a foreign state failing to 7 take adequate measures to restrict financial 8 flows to Hamas, Palestinian Islamic Jihad, Al- 9 Aqsa Martyrs Brigade, the Lion’s Den or any 10 other designated entity engaged in significant 11 act of terrorism threatening the peace and secu-12 rity of Israel— 13 (i) an assessment of the reasons that 14 government is not taking adequate meas-15 ures to restrict financial flows to those en-16 tities; and 17 (ii) a description of measures being 18 taken by the United States Government to 19 encourage the foreign state to restrict fi-20 nancial flows to those entities; and 21 (b) F ORM.—Each report required by subsection (a) 22 shall be submitted in unclassified form to the greatest ex-23 tent possible, and may contain a classified annex. 24 13 •HR 340 EH SEC. 6. EXCEPTION RELATING TO IMPORTATION OF 1 GOODS. 2 (a) I NGENERAL.—The authorities and requirements 3 to impose sanctions authorized under this Act shall not 4 include the authority or requirement to impose sanctions 5 on the importation of goods. 6 (b) G OODDEFINED.—In this section, the term 7 ‘‘good’’ means any article, natural or man-made sub-8 stance, material, supply or manufactured product, includ-9 ing inspection and test equipment, and excluding technical 10 data. 11 SEC. 7. TERMINATION. 12 This Act shall terminate on the earlier of— 13 (1) the date that is 7 years after the date of the 14 enactment of this Act; or 15 (2) the date that is 30 days after the date on 16 which the President certifies to the appropriate con-17 gressional committees that— 18 (A) Hamas or any successor or affiliate 19 thereof is no longer designated as a foreign ter-20 rorist organization pursuant to section 219 of 21 the Immigration and Nationality Act (8 U.S.C. 22 1189); 23 (B) Hamas, the Palestinian Islamic Jihad, 24 Al-Aqsa Martyrs Brigade, the Lion’s Den, and 25 14 •HR 340 EH any successor or affiliate thereof are no longer 1 subject to sanctions pursuant to— 2 (i) Executive Order No. 12947 (Janu-3 ary 23, 1995; relating to prohibiting trans-4 actions with terrorists who threaten to dis-5 rupt the Middle East peace process); and 6 (ii) Executive Order No. 13224 (Sep-7 tember 23, 2001; relating to blocking prop-8 erty and prohibiting transactions with per-9 sons who commit, threaten to commit, or 10 support terrorism); and 11 (C) Hamas, the Palestinian Islamic Jihad, 12 Al-Aqsa Martyrs Brigade, the Lion’s Den, and 13 any successor or affiliate thereof meet the cri-14 teria described in paragraphs (1) through (4) of 15 section 9 of the Palestinian Anti-Terrorism Act 16 of 2006 (22 U.S.C. 2378b note). 17 SEC. 8. DEFINITIONS. 18 In this Act: 19 (1) A CT OF TERRORISM.—The term ‘‘act of ter-20 rorism’’ means an activity that— 21 (A) involves a violent act or an act dan-22 gerous to human life, property, or infrastruc-23 ture; and 24 (B) appears to be intended to— 25 15 •HR 340 EH (i) intimidate or coerce a civilian pop-1 ulation; 2 (ii) influence the policy of a govern-3 ment by intimidation or coercion; or 4 (iii) affect the conduct of a govern-5 ment by mass destruction, assassination, 6 kidnapping, or hostage-taking. 7 (2) A DMITTED.—The term ‘‘admitted’’ has the 8 meaning given such term in section 101(a)(13)(A) of 9 the Immigration and Nationality Act (8 U.S.C. 10 1101(a)(13)(A)). 11 (3) A PPROPRIATE CONGRESSIONAL COMMIT -12 TEES.—The term ‘‘appropriate congressional com-13 mittees’’ means— 14 (A) the Committee on Foreign Affairs and 15 the Committee on Financial Services of the 16 House of Representatives; and 17 (B) the Committee on Foreign Relations 18 and the Committee on Banking, Housing, and 19 Urban Affairs of the Senate. 20 (4) F OREIGN STATE.—The term ‘‘foreign state’’ 21 has the meaning given such term in section 1603 of 22 title 28, United States Code. 23 16 •HR 340 EH (5) HUMANITARIAN AID.—The term ‘‘humani-1 tarian aid’’ means food, medicine, and medical sup-2 plies. 3 (6) M ATERIAL 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 (7) U NITED STATES PERSON .—The term 8 ‘‘United States person’’ means— 9 (A) a United States citizen or an alien law-10 fully admitted for permanent residence to the 11 United States; or 12 (B) an entity organized under the laws of 13 the United States or of any jurisdiction within 14 the United States, including a foreign branch of 15 such an entity. 16 Passed the House of Representatives November 1, 2023. Attest: Clerk. 118 TH CONGRESS 1 ST S ESSION H. R. 340 AN ACT To impose sanctions with respect to foreign support for terrorist organizations, including Hamas and the Palestinian Islamic Jihad.