II
Calendar No. 237
118THCONGRESS
1
STSESSION H. R. 340
IN THE SENATE OF THE UNITED STATES
NOVEMBER2, 2023
Received; read the first time
N
OVEMBER6, 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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(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) I
NGENERAL.—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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(b) ACTIVITIESDESCRIBED.—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) S
ANCTIONSDESCRIBED.—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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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) 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) I
MPLEMENTATION; REGULATIONS.— 15
(1) I
N 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) R
EGULATIONS.—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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(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) H
UMANITARIAN 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) R
ULE OFCONSTRUCTION.—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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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) I
NGENERAL.—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) A
CTIVITIESDESCRIBED.—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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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) M
EASURESDESCRIBED.—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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774 of title 15, Code of Federal Regulations, to the 1
foreign state for a period of 1 year. 2
(d) P
ENALTIES.—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) W
AIVER.—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) I
MPLEMENTATION; REGULATIONS.— 21
(1) I
N 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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Act (50 U.S.C. 1702 and 1704) for purposes of car-1
rying out this section. 2
(2) R
EGULATIONS.—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) A
DDITIONALEXEMPTIONS.— 8
(1) S
TATUS 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) A
UTHORIZED 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) H
UMANITARIAN 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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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) R
ULE OFCONSTRUCTION.—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) I
NGENERAL.—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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(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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(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
government is not taking adequate meas-9
ures to restrict financial flows to those en-10
tities; and 11
(ii) a description of measures being 12
taken by the United States Government to 13
encourage the foreign state to restrict fi-14
nancial flows to those entities; and 15
(b) F
ORM.—Each report required by subsection (a) 16
shall be submitted in unclassified form to the greatest ex-17
tent possible, and may contain a classified annex. 18
SEC. 6. EXCEPTION RELATING TO IMPORTATION OF 19
GOODS. 20
(a) I
NGENERAL.—The authorities and requirements 21
to impose sanctions authorized under this Act shall not 22
include the authority or requirement to impose sanctions 23
on the importation of goods. 24
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(b) GOODDEFINED.—In this section, the term 1
‘‘good’’ means any article, natural or man-made sub-2
stance, material, supply or manufactured product, includ-3
ing inspection and test equipment, and excluding technical 4
data. 5
SEC. 7. TERMINATION. 6
This Act shall terminate on the earlier of— 7
(1) the date that is 7 years after the date of the 8
enactment of this Act; or 9
(2) the date that is 30 days after the date on 10
which the President certifies to the appropriate con-11
gressional committees that— 12
(A) Hamas or any successor or affiliate 13
thereof is no longer designated as a foreign ter-14
rorist organization pursuant to section 219 of 15
the Immigration and Nationality Act (8 U.S.C. 16
1189); 17
(B) Hamas, the Palestinian Islamic Jihad, 18
Al-Aqsa Martyrs Brigade, the Lion’s Den, and 19
any successor or affiliate thereof are no longer 20
subject to sanctions pursuant to— 21
(i) Executive Order No. 12947 (Janu-22
ary 23, 1995; relating to prohibiting trans-23
actions with terrorists who threaten to dis-24
rupt the Middle East peace process); and 25
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(ii) Executive Order No. 13224 (Sep-1
tember 23, 2001; relating to blocking prop-2
erty and prohibiting transactions with per-3
sons who commit, threaten to commit, or 4
support terrorism); and 5
(C) Hamas, the Palestinian Islamic Jihad, 6
Al-Aqsa Martyrs Brigade, the Lion’s Den, and 7
any successor or affiliate thereof meet the cri-8
teria described in paragraphs (1) through (4) of 9
section 9 of the Palestinian Anti-Terrorism Act 10
of 2006 (22 U.S.C. 2378b note). 11
SEC. 8. DEFINITIONS. 12
In this Act: 13
(1) A
CT OF TERRORISM.—The term ‘‘act of ter-14
rorism’’ means an activity that— 15
(A) involves a violent act or an act dan-16
gerous to human life, property, or infrastruc-17
ture; and 18
(B) appears to be intended to— 19
(i) intimidate or coerce a civilian pop-20
ulation; 21
(ii) influence the policy of a govern-22
ment by intimidation or coercion; or 23
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(iii) affect the conduct of a govern-1
ment by mass destruction, assassination, 2
kidnapping, or hostage-taking. 3
(2) A
DMITTED.—The term ‘‘admitted’’ has the 4
meaning given such term in section 101(a)(13)(A) of 5
the Immigration and Nationality Act (8 U.S.C. 6
1101(a)(13)(A)). 7
(3) A
PPROPRIATE CONGRESSIONAL COMMIT -8
TEES.—The term ‘‘appropriate congressional com-9
mittees’’ means— 10
(A) the Committee on Foreign Affairs and 11
the Committee on Financial Services of the 12
House of Representatives; and 13
(B) the Committee on Foreign Relations 14
and the Committee on Banking, Housing, and 15
Urban Affairs of the Senate. 16
(4) F
OREIGN STATE.—The term ‘‘foreign state’’ 17
has the meaning given such term in section 1603 of 18
title 28, United States Code. 19
(5) H
UMANITARIAN AID.—The term ‘‘humani-20
tarian aid’’ means food, medicine, and medical sup-21
plies. 22
(6) M
ATERIAL SUPPORT.—The term ‘‘material 23
support’’ has the meaning given the term ‘‘material 24
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support or resources’’ in section 2339A of title 18, 1
United States Code. 2
(7) U
NITED STATES PERSON .—The term 3
‘‘United States person’’ means— 4
(A) a United States citizen or an alien law-5
fully admitted for permanent residence to the 6
United States; or 7
(B) an entity organized under the laws of 8
the United States or of any jurisdiction within 9
the United States, including a foreign branch of 10
such an entity. 11
Passed the House of Representatives November 1,
2023.
Attest: KEVIN F. MCCUMBER,
Clerk.
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237
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.
N
OVEMBER
6, 2023
Read the second time and placed on the calendar
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