Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB1647 Latest Draft

Bill / Introduced Version Filed 05/31/2023

                            II 
118THCONGRESS 
1
STSESSION 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 
MAY17, 2023 
Mr. R
UBIO(for himself, Mr. CRAMER, Mr. CASSIDY, Mr. BRAUN, Mr. TILLIS, 
Mr. S
COTTof 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) S
HORTTITLE.—This Act may be cited as the 4
‘‘Hamas and Palestinian Islamic Jihad International Ter-5
rorism Support Prevention Act of 2023’’. 6
(b) T
ABLE OFCONTENTS.—The table of contents for 7
this Act is as follows: 8
Sec. 1. Short title; table of contents. 
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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) A
DMITTED.—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) A
GENCY 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) A
PPROPRIATE 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) F
OREIGN PERSON.—The term ‘‘foreign per-16
son’’ means— 17
(A) an individual who is not a United 18
States person; or 19
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•S 1647 IS
(B) a corporation, partnership, or other 1
nongovernmental entity that is not a United 2
States person. 3
(5) 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
(6) P
ERSON.—The term ‘‘person’’ means an in-8
dividual or entity. 9
(7) U
NITED 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
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(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) I
NGENERAL.—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) P
ERSONDESCRIBED.— 25
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(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
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foreign person described in subparagraph (A) or 1
(B). 2
(2) R
EQUIREMENT 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) S
ANCTIONSREQUIRED.— 9
(1) F
OREIGN 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) A
GENCIES OR INSTRUMENTALITIES OF A 23
FOREIGN STATE.—With respect to an agency or in-24
strumentality of a foreign state subject to sanctions 25
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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
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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
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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) C
ONGRESSIONALNOMINATIONDETERMINATION 15
W
ITHRESPECT TO FOREIGNPERSONSSUBJECT TO 16
S
ANCTIONS.—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
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(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) P
ENALTIES.— 7
(1) I
N 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) A
UTHORITIES.—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) E
XCEPTION.—The President shall not be required 24
to impose sanctions under this section with respect to a 25
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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) W
AIVER.— 18
(1) I
N 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
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(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) R
ENEWAL 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
(h) R
ULE OFCONSTRUCTION.—The authority to im-20
pose sanctions under this section with respect to a foreign 21
person or an agency or instrumentality of a foreign state 22
is in addition to the authority to impose sanctions under 23
any other provision of law with respect to foreign persons 24
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or agencies or instrumentalities of foreign states that di-1
rectly or indirectly support international terrorism. 2
(i) E
FFECTIVEDATE.—This section shall take effect 3
on the date of the enactment of this Act and apply with 4
respect to activities and transactions described in sub-5
section (a) that are carried out on or after such date of 6
enactment. 7
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR-8
EIGN GOVERNMENTS THAT PROVIDE MATE-9
RIAL SUPPORT FOR THE TERRORIST ACTIVI-10
TIES OF HAMAS, THE PALESTINIAN ISLAMIC 11
JIHAD, OR ANY AFFILIATE OR SUCCESSOR 12
THEREOF. 13
(a) I
DENTIFICATION.— 14
(1) I
N GENERAL.—Not later than 180 days 15
after the date of the enactment of this Act, and 16
every 180 days thereafter, the President shall sub-17
mit to the appropriate congressional committees a 18
report that identifies the following: 19
(A) Each government of a foreign country 20
that— 21
(i) the Secretary of State determines 22
has repeatedly provided support for acts of 23
international terrorism pursuant to section 24
1754(c) of the Export Control Reform Act 25
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of 2018 (50 U.S.C. 4813(c)), section 40 of 1
the Arms Export Control Act (22 U.S.C. 2
2780), section 620A of the Foreign Assist-3
ance Act of 1961 (22 U.S.C. 2371), or any 4
other provision of law; and 5
(ii) the President determines has pro-6
vided direct or indirect material support 7
for the terrorist activities of Hamas, the 8
Palestinian Islamic Jihad, or any affiliate 9
or successor thereof. 10
(B) Each government of a foreign country 11
that— 12
(i) is not identified under subpara-13
graph (A); and 14
(ii) the President determines know-15
ingly engaged in a significant transaction 16
that contributes to the efforts by the gov-17
ernment of a foreign country described in 18
subparagraph (A)(i) to provide direct or 19
indirect material support for the terrorist 20
activities of Hamas, the Palestinian Is-21
lamic Jihad, or any affiliate or successor 22
thereof. 23
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(2) FORM OF REPORT.—Each report submitted 1
under paragraph (1) shall be submitted in unclassi-2
fied form but may contain a classified annex. 3
(b) I
MPOSITION OFSANCTIONS.—The President shall 4
impose the following sanctions with respect to each gov-5
ernment of a foreign country identified under subpara-6
graph (A) or (B) of subsection (a)(1): 7
(1) The United States Government shall sus-8
pend, for a period of one year, United States assist-9
ance to the government of the foreign country. 10
(2) The Secretary of the Treasury shall instruct 11
the United States Executive Director to each appro-12
priate international financial institution to oppose, 13
and vote against, for a period of one year, the exten-14
sion by that institution of any loan or financial or 15
technical assistance to the government of the foreign 16
country. 17
(3) No item on the United States Munitions 18
List under section 38(a)(1) of the Arms Export 19
Control Act (22 U.S.C. 2778(a)(1)) or the Com-20
merce Control List set forth in Supplement No. 1 to 21
part 774 of title 15, Code of Federal Regulations (or 22
any successor list), may be exported to the govern-23
ment of the foreign country for a period of one year. 24
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(c) IMPOSITION OFADDITIONALSANCTIONSWITH 1
R
ESPECT TOCERTAINFOREIGNGOVERNMENTS.—The 2
President shall impose the following additional sanctions 3
with respect to each government of a foreign country iden-4
tified under subsection (a)(1)(A): 5
(1) The President shall, pursuant to such regu-6
lations as the President may prescribe, prohibit any 7
transactions in foreign exchange that are subject to 8
the jurisdiction of the United States and in which 9
the government of the foreign country has any inter-10
est. 11
(2) The President shall, pursuant to such regu-12
lations as the President may prescribe, prohibit any 13
transfers of credit or payments between one or more 14
financial institutions or by, through, or to any finan-15
cial institution, to the extent that such transfers or 16
payments are subject to the jurisdiction of the 17
United States and involve any interest of the govern-18
ment of the foreign country. 19
(d) E
XCEPTIONS.— 20
(1) M
ILITARY USE EXCEPTION.—The President 21
shall not be required to impose sanctions with re-22
spect to the government of a foreign country pursu-23
ant to subsection (b)— 24
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(A) with respect to materials intended to 1
be used by military or civilian personnel of the 2
Armed Forces of the United States at military 3
facilities in the country; or 4
(B) if the application of such sanctions 5
would prevent the United States from meeting 6
the terms of any status of forces agreement to 7
which the United States is a party. 8
(2) H
UMANITARIAN EXCEPTION .—The following 9
activities shall be exempt from sanctions under this 10
section: 11
(A) The conduct or facilitation of a trans-12
action for the sale of agricultural commodities, 13
food, medicine, or medical devices to a foreign 14
government described in subsection (a) that is 15
not otherwise subject to the export control laws 16
of the United States. 17
(B) The provision of humanitarian assist-18
ance to a foreign government described in sub-19
section(a), including engaging in a financial 20
transaction relating to humanitarian assistance 21
or for humanitarian purposes or transporting 22
goods or services that are necessary to carry 23
out operations relating to humanitarian assist-24
ance or humanitarian purposes. 25
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(e) WAIVER.— 1
(1) I
N GENERAL.—The President may waive, 2
on a case-by-case basis and for a period of not more 3
than 180 days, a requirement under subsection (b) 4
or (c) to impose or maintain sanctions with respect 5
to a foreign government identified pursuant to sub-6
paragraph (A) or (B) of subsection (a)(1) if the 7
President— 8
(A) determines that the waiver is in the 9
national security interest of the United States; 10
and 11
(B) not less than 30 days before the waiv-12
er takes effect, submits to the appropriate con-13
gressional committees a report on the waiver 14
and the justification for the waiver. 15
(2) R
ENEWAL OF WAIVER .—The President 16
may, on a case-by-case basis, renew a waiver under 17
paragraph (1) for additional periods of not more 18
than 180 days if the President— 19
(A) determines that the renewal of the 20
waiver is in the national security interest of the 21
United States; and 22
(B) not less than 15 days before the waiv-23
er expires, submits to the appropriate congres-24
sional committees a report on the renewal of 25
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the waiver and the justification for the renewal 1
of the waiver. 2
(3) S
UNSET.—The authority of the President 3
under this subsection shall terminate on the date 4
that is 2 years after the date of the enactment of 5
this Act. 6
(f) R
ULE OFCONSTRUCTION.—The authority to im-7
pose sanctions under subsection (b) or (c) with respect to 8
each government of a foreign country identified pursuant 9
to subparagraph (A) or (B) of subsection (a)(1) is in addi-10
tion to the authority to impose sanctions under any other 11
provision of law with respect to governments of foreign 12
countries that provide material support to foreign terrorist 13
organizations designated pursuant to section 219 of the 14
Immigration and Nationality Act (8 U.S.C. 1189). 15
(g) T
ERMINATION.—The President may terminate 16
any sanctions imposed with respect to the government of 17
a foreign country under subsection (b) or (c) if the Presi-18
dent determines and notifies the appropriate congressional 19
committees that the government of the foreign country is 20
no longer carrying out activities or transactions for which 21
the sanctions were imposed and has provided assurances 22
to the United States Government that it will not carry 23
out those activities or transactions in the future. 24
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(h) EFFECTIVEDATE.—This section shall take effect 1
on the date of the enactment of this Act and apply with 2
respect to activities and transactions described in subpara-3
graph (A) or (B) of subsection (a)(1) that are carried out 4
on or after such date of enactment. 5
SEC. 6. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES 6
TO DISRUPT GLOBAL FUNDRAISING, FINANC-7
ING, AND MONEY LAUNDERING ACTIVITIES 8
OF HAMAS, THE PALESTINIAN ISLAMIC 9
JIHAD, OR ANY AFFILIATE OR SUCCESSOR 10
THEREOF. 11
(a) R
EPORT.— 12
(1) I
N GENERAL.—Not later than 180 days 13
after the date of the enactment of this Act, the 14
President shall submit to the appropriate commit-15
tees of Congress a report that includes— 16
(A) a list of foreign countries that support 17
Hamas, the Palestinian Islamic Jihad, or any 18
affiliate or successor thereof, or in which 19
Hamas maintains important portions of its fi-20
nancial networks; 21
(B) with respect to each foreign country on 22
the list required by subparagraph (A)— 23
(i) an assessment of whether the gov-24
ernment of the country is taking adequate 25
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measures to freeze the assets of Hamas, 1
the Palestinian Islamic Jihad, or any affil-2
iate or successor thereof within the terri-3
tory of the country; and 4
(ii) in the case of a country the gov-5
ernment of which is not taking adequate 6
measures to freeze the assets of Hamas— 7
(I) an assessment of the reasons 8
that government is not taking ade-9
quate measures to freeze those assets; 10
and 11
(II) a description of measures 12
being taken by the United States Gov-13
ernment to encourage that govern-14
ment to freeze those assets; 15
(C) a list of foreign countries in which 16
Hamas, the Palestinian Islamic Jihad, or any 17
affiliate or successor thereof, conducts signifi-18
cant fundraising, financing, or money laun-19
dering activities; 20
(D) with respect to each foreign country 21
on the list required by subparagraph (C)— 22
(i) an assessment of whether the gov-23
ernment of the country is taking adequate 24
measures to disrupt the fundraising, fi-25
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•S 1647 IS
nancing, or money laundering activities of 1
Hamas, the Palestinian Islamic Jihad, or 2
any affiliate or successor thereof within the 3
territory of the country; and 4
(ii) in the case of a country the gov-5
ernment of which is not taking adequate 6
measures to disrupt those activities— 7
(I) an assessment of the reasons 8
that government is not taking ade-9
quate measures to disrupt those ac-10
tivities; and 11
(II) a description of measures 12
being taken by the United States Gov-13
ernment to encourage that govern-14
ment to improve measures to disrupt 15
those activities; and 16
(E) a list of foreign countries from which 17
Hamas, the Palestinian Islamic Jihad, or any 18
affiliate or successor thereof, acquires surveil-19
lance equipment, electronic monitoring equip-20
ment, or other means to inhibit communication 21
or political expression in Gaza. 22
(2) F
ORM.—The report required by paragraph 23
(1) shall be submitted in unclassified form to the 24
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•S 1647 IS
greatest extent possible and may contain a classified 1
annex. 2
(b) B
RIEFING.—Not later than 180 days after the 3
date of the enactment of this Act, and every 180 days 4
thereafter for the following 3 years, the Secretary of State, 5
the Secretary of the Treasury, and the heads of other ap-6
plicable Federal departments and agencies (or their des-7
ignees) shall provide to the appropriate committees of 8
Congress a briefing on the disposition of the assets and 9
activities of Hamas, the Palestinian Islamic Jihad, or any 10
successor or affiliate thereof related to fundraising, financ-11
ing, and money laundering worldwide. 12
(c) A
PPROPRIATECOMMITTEES OF CONGRESSDE-13
FINED.—In this section, the term ‘‘appropriate commit-14
tees of Congress’’ means— 15
(1) the Committee on Foreign Relations, the 16
Committee on Banking, Housing, and Urban Af-17
fairs, and the Select Committee on Intelligence of 18
the Senate; and 19
(2) the Committee on Foreign Affairs, the 20
Committee on Financial Services, and the Perma-21
nent Select Committee on Intelligence of the House 22
of Representatives. 23
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•S 1647 IS
SEC. 7. MISCELLANEOUS PROVISIONS. 1
(a) R
ULE OFCONSTRUCTION.—Nothing in this Act 2
shall be construed to apply to the authorized intelligence 3
activities of the United States. 4
(b) R
EGULATORYAUTHORITY.—The President shall, 5
not later than 180 days after the date of the enactment 6
of this Act, prescribe regulations as are necessary for the 7
implementation of this Act. 8
(c) E
XCEPTIONRELATING TO IMPORTATION OF 9
G
OODS.— 10
(1) I
N GENERAL.—The authorities and require-11
ments to impose sanctions authorized under this Act 12
shall not include the authority or requirement to im-13
pose sanctions on the importation of goods. 14
(2) G
OOD DEFINED.—In this subsection, the 15
term ‘‘good’’ means any article, natural or man- 16
made substance, material, supply or manufactured 17
product, including inspection and test equipment, 18
and excluding technical data. 19
(d) T
ERMINATION.—This Act shall terminate on the 20
earlier of— 21
(1) 30 days after the date on which the Presi-22
dent certifies to the appropriate congressional com-23
mittees that Hamas and the Palestinian Islamic 24
Jihad, or any successor or affiliate thereof— 25
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(A) are no longer designated as a foreign 1
terrorist organization pursuant to section 219 2
of the Immigration and Nationality Act (8 3
U.S.C. 1189); 4
(B) are no longer subject to sanctions pur-5
suant to— 6
(i) Executive Order 12947 (50 U.S.C. 7
1701 note; relating to prohibiting trans-8
actions with terrorists who threaten to dis-9
rupt the Middle East peace process); and 10
(ii) Executive Order 13224 (50 U.S.C. 11
1701 note; relating to blocking property 12
and prohibiting transactions with persons 13
who commit, threaten to commit, or sup-14
port terrorism); and 15
(C) meet the criteria described in para-16
graphs (1) through (4) of section 9 of the Pal-17
estinian Anti-Terrorism Act of 2006 (Public 18
Law 109–446; 22 U.S.C. 2378b note); or 19
(2) 3 years after the date of the enactment of 20
this Act. 21
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. 22
The budgetary effects of this Act, for the purpose of 23
complying with the Statutory Pay-As-You-Go-Act of 2010 24
(2 U.S.C. 931 et seq.), shall be determined by reference 25
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to the latest statement titled ‘‘Budgetary Effects of 1
PAYGO Legislation’’ for this Act, submitted for printing 2
in the Congressional Record by the Chairman of the Sen-3
ate Budget Committee, provided that such statement has 4
been submitted prior to the vote on passage. 5
Æ 
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