II 118THCONGRESS 2 DSESSION S. 3874 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 MARCH5, 2024 Mr. R UBIO(for himself and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee 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 2024’’. 6 (b) T ABLE OFCONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Statement of policy. VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 3874 IS Sec. 4. Imposition of sanctions with respect to foreign persons and agencies and instrumentalities of foreign states supporting Hamas, the Pal- estinian Islamic Jihad, or any affiliate or successor thereof. Sec. 5. Imposition of sanctions with respect to foreign governments that provide material support for the terrorist activities of Hamas, the Pal- estinian Islamic Jihad, or any affiliate or successor thereof. Sec. 6. Report on activities of foreign countries to disrupt global fundraising, financing, and money laundering activities of Hamas, the Pal- estinian Islamic Jihad, or any affiliate or successor thereof. Sec. 7. Miscellaneous provisions. Sec. 8. Determination of budgetary effects. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) A DMITTED.—The term ‘‘admitted’’ has the 3 meaning given that term in section 101(a)(13)(A) of 4 the Immigration and Nationality Act (8 U.S.C. 5 1101(a)(13)(A)). 6 (2) A GENCY OR INSTRUMENTALITY OF A FOR -7 EIGN STATE.—The term ‘‘agency or instrumentality 8 of a foreign state’’ has the meaning given that term 9 in section 1603(b) of title 28, United States Code. 10 (3) A PPROPRIATE CONGRESSIONAL COMMIT -11 TEES.—The term ‘‘appropriate congressional com-12 mittees’’ means the Committee on Foreign Relations 13 of the Senate and the Committee on Foreign Affairs 14 of the House of Representatives. 15 (4) F OREIGN PERSON.—The term ‘‘foreign per-16 son’’ means— 17 (A) an individual who is not a United 18 States person; or 19 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 3874 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; 24 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 3874 IS (2) to oppose Hamas, the Palestinian Islamic 1 Jihad, or any affiliate or successor thereof from at-2 tempting to use goods, including medicine and dual- 3 use items, to smuggle weapons and other materials 4 to further acts of terrorism; and 5 (3) to hold accountable Hamas, the Palestinian 6 Islamic Jihad, and their international support net-7 works for their attack against Israel on October 7, 8 2023. 9 SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR-10 EIGN PERSONS AND AGENCIES AND INSTRU-11 MENTALITIES OF FOREIGN STATES SUP-12 PORTING HAMAS, THE PALESTINIAN ISLAMIC 13 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 14 THEREOF. 15 (a) I NGENERAL.—Not later than 180 days after the 16 date of the enactment of this Act, the President shall im-17 pose the sanctions required under subsection (c) with re-18 spect to any foreign person and any agency or instrumen-19 tality of a foreign state that the President determines 20 knowingly— 21 (1) assists in, sponsors, or provides significant 22 financial or material support for, or financial or 23 other services to or in support of any person de-24 scribed in subsection (b); or 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 3874 IS (2) directly or indirectly, materially engages in 1 a significant transaction with any person described 2 in subsection (b). 3 (b) P ERSONDESCRIBED.— 4 (1) I N GENERAL.—A person described in this 5 subsection is a foreign person that the President de-6 termines— 7 (A) is a senior member of Hamas, the Pal-8 estinian Islamic Jihad, or any affiliate or suc-9 cessor thereof; 10 (B) is a senior member of the Al-Aqsa 11 Martyr’s Brigade, Lion’s Den, or any other en-12 tity that the President determines is part of the 13 terrorist infrastructure in the West Bank and 14 Gaza; 15 (C) is a senior member of a foreign ter-16 rorist organization designated pursuant to sec-17 tion 219 of the Immigration and Nationality 18 Act (8 U.S.C. 1189) whose members directly or 19 indirectly support any of the activities of, know-20 ingly engage in a significant transaction with, 21 or provide financial or material support for 22 Hamas, the Palestinian Islamic Jihad, any affil-23 iate or successor thereof, or any person de-24 scribed in subparagraph (A) or (B); or 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 3874 IS (D) knowingly provides or has provided 1 material assistance, financial or material sup-2 port, or goods or services that directly or indi-3 rectly supports the terrorist activities of any 4 foreign person described in subparagraph (A) or 5 (B). 6 (2) R EQUIREMENT TO ISSUE GUIDANCE .—Not 7 later than 60 days after the date of the enactment 8 of this Act, and not later than 180 days thereafter, 9 the President shall issue regulations or other guid-10 ance to identify the persons described in this sub-11 section. 12 (c) S ANCTIONSREQUIRED.— 13 (1) F OREIGN PERSONS.—With respect to a for-14 eign person subject to sanctions under subsection 15 (a), the President shall exercise all powers granted 16 to the President by the International Emergency 17 Economic Powers Act (50 U.S.C. 1701 et seq.) (ex-18 cept that the requirements of section 202 of such 19 Act (50 U.S.C. 1701) shall not apply) to the extent 20 necessary to block and prohibit all transactions in all 21 property and interests in property of the foreign per-22 son if such property and interests in property are in 23 the United States, come within the United States, or 24 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 3874 IS are or come within the possession or control of a 1 United States person. 2 (2) A GENCIES OR INSTRUMENTALITIES OF A 3 FOREIGN STATE.—With respect to an agency or in-4 strumentality of a foreign state subject to sanctions 5 under subsection (a), the President shall impose 2 or 6 more of the following: 7 (A) The President may direct the Export- 8 Import Bank of the United States not to give 9 approval to the issuance of any guarantee, in-10 surance, extension of credit, or participation in 11 the extension of credit in connection with the 12 export of any goods or services to the agency or 13 instrumentality, and the Export-Import Bank 14 of the United States shall comply with any such 15 direction. 16 (B) The President may prohibit the sale of 17 any defense articles, defense services, or design 18 and construction services under the Arms Ex-19 port Control Act (22 U.S.C. 2751 et seq.) to 20 the agency or instrumentality. 21 (C) The President may prohibit the 22 issuance of licenses for export of any item on 23 the United States Munitions List under section 24 38(a)(1) of the Arms Export Control Act (22 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 3874 IS U.S.C. 2778(a)(1)) that include the agency or 1 instrumentality as a party to the license. 2 (D) The President may prohibit the export 3 of any goods or technologies controlled for na-4 tional security reasons under the Export Ad-5 ministration Regulations under subchapter C of 6 chapter VII of title 15, Code of Federal Regula-7 tions, or successor regulations, to the agency or 8 instrumentality, except that such prohibition 9 shall not apply to any transaction subject to the 10 reporting requirements of title V of the Na-11 tional Security Act of 1947 (50 U.S.C. 3091 et 12 seq.). 13 (E) The President may prohibit any 14 United States financial institution from making 15 loans or providing any credit or financing total-16 ing more than $10,000,000 to the agency or in-17 strumentality, except that this subparagraph 18 shall not apply to— 19 (i) any transaction subject to the re-20 porting requirements of title V of the Na-21 tional Security Act of 1947 (50 U.S.C. 22 3091 et seq.); 23 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 3874 IS (ii) the provision of medicines, medical 1 equipment, and humanitarian assistance; 2 or 3 (iii) any credit, credit guarantee, or fi-4 nancial assistance provided by the Depart-5 ment of Agriculture to support the pur-6 chase of food or other agricultural com-7 modities. 8 (F) The President may exercise all powers 9 granted to the President by the International 10 Emergency Economic Powers Act (50 U.S.C. 11 1701 et seq.) (except that the requirements of 12 section 202 of such Act (50 U.S.C. 1701) shall 13 not apply) to the extent necessary to block and 14 prohibit all transactions in all property and in-15 terests in property of the agency or instrumen-16 tality if such property and interests in property 17 are in the United States, come within the 18 United States, or are or come within the pos-19 session or control of a United States person. 20 (d) C ONGRESSIONALNOMINATIONDETERMINATION 21 W ITHRESPECT TO FOREIGNPERSONSSUBJECT TO 22 S ANCTIONS.—Not later than 60 days after receiving a re-23 quest from the chairman and ranking member of one of 24 the appropriate congressional committees with respect to 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 3874 IS whether a foreign person is subject to sanctions under sub-1 section (a) pursuant to the criteria set forth in that sub-2 section, the President shall— 3 (1) determine if the person meets those criteria; 4 and 5 (2) submit a classified or unclassified report to 6 such chairman and ranking member with respect to 7 the determination under paragraph (1) that includes 8 a statement of whether or not the President has im-9 posed or intends to impose sanctions with respect to 10 that person. 11 (e) P ENALTIES.— 12 (1) I N GENERAL.—The penalties provided for in 13 subsections (b) and (c) of section 206 of the Inter-14 national Emergency Economic Powers Act (50 15 U.S.C. 1705) shall apply to a person that knowingly 16 violates, attempts to violate, conspires to violate, or 17 causes a violation of regulations prescribed under 18 section 7(b) to carry out paragraph (1) or (2)(F) of 19 subsection (c) to the same extent that such penalties 20 apply to a person that knowingly commits an unlaw-21 ful act described in section 206(a) of that Act. 22 (2) A UTHORITIES.—The President may exercise 23 all authorities provided to the President under sec-24 tions 203 and 205 of the International Emergency 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 3874 IS Economic Powers Act (50 U.S.C. 1702 and 1704) 1 for purposes of carrying out paragraphs (1) and 2 (2)(F) of subsection (c). 3 (f) E XCEPTION.—The President shall not be required 4 to impose sanctions under this section with respect to a 5 foreign person or an agency or instrumentality of a foreign 6 state if the President certifies in writing to the appropriate 7 congressional committees that— 8 (1) the foreign person or agency or instrumen-9 tality (as the case may be)— 10 (A) is no longer carrying out activities or 11 transactions subject to sanctions under this sec-12 tion; or 13 (B) has taken and is continuing to take 14 significant verifiable steps toward terminating 15 activities or transactions subject to sanctions 16 under this section; and 17 (2) the President has received reliable assur-18 ances from the foreign person or agency or instru-19 mentality (as the case may be) that it will not carry 20 out any activities or transactions subject to sanc-21 tions under this section in the future. 22 (g) W AIVER.— 23 (1) I N GENERAL.—The President may waive, 24 on a case-by-case basis and for a period of not more 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 3874 IS than 180 days, a requirement under this section to 1 impose or maintain sanctions with respect to a for-2 eign person or agency or instrumentality of a foreign 3 state if the President— 4 (A) determines that the waiver is in the 5 national security interest of the United States; 6 and 7 (B) not less than 30 days before the waiv-8 er takes effect, submits to the appropriate con-9 gressional committees a report on the waiver 10 and the justification for the waiver. 11 (2) R ENEWAL OF WAIVER .—The President 12 may, on a case-by-case basis, renew a waiver under 13 paragraph (1) for additional periods of not more 14 than 180 days if the President— 15 (A) determines that the renewal of the 16 waiver is in the national security interest of the 17 United States; and 18 (B) not less than 15 days before the waiv-19 er expires, submits to the appropriate congres-20 sional committees a report on the renewal of 21 the waiver and the justification for the renewal 22 of the waiver. 23 (h) R ULE OFCONSTRUCTION.—The authority to im-24 pose sanctions under this section with respect to a foreign 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •S 3874 IS person or an agency or instrumentality of a foreign state 1 is in addition to the authority to impose sanctions under 2 any other provision of law with respect to foreign persons 3 or agencies or instrumentalities of foreign states that di-4 rectly or indirectly support international terrorism. 5 (i) E FFECTIVEDATE.—This section shall take effect 6 on the date of the enactment of this Act and apply with 7 respect to activities and transactions described in sub-8 section (a) that are carried out on or after such date of 9 enactment. 10 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR-11 EIGN GOVERNMENTS THAT PROVIDE MATE-12 RIAL SUPPORT FOR THE TERRORIST ACTIVI-13 TIES OF HAMAS, THE PALESTINIAN ISLAMIC 14 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 15 THEREOF. 16 (a) I DENTIFICATION.— 17 (1) I N GENERAL.—Not later than 180 days 18 after the date of the enactment of this Act, and 19 every 180 days thereafter, the President shall sub-20 mit to the appropriate congressional committees a 21 report that identifies the following: 22 (A) Each government of a foreign country 23 that— 24 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 14 •S 3874 IS (i) the Secretary of State determines 1 has repeatedly provided support for acts of 2 international terrorism pursuant to section 3 1754(c) of the Export Control Reform Act 4 of 2018 (50 U.S.C. 4813(c)), section 40 of 5 the Arms Export Control Act (22 U.S.C. 6 2780), section 620A of the Foreign Assist-7 ance Act of 1961 (22 U.S.C. 2371), or any 8 other provision of law; and 9 (ii) the President determines has pro-10 vided direct or indirect material support 11 for the terrorist activities of Hamas, the 12 Palestinian Islamic Jihad, or any affiliate 13 or successor thereof. 14 (B) Each government of a foreign country 15 that— 16 (i) is not identified under subpara-17 graph (A); and 18 (ii) the President determines know-19 ingly engaged in a significant transaction 20 that contributes to the efforts by the gov-21 ernment of a foreign country described in 22 subparagraph (A)(i) to provide direct or 23 indirect material support for the terrorist 24 activities of Hamas, the Palestinian Is-25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 15 •S 3874 IS lamic Jihad, or any affiliate or successor 1 thereof. 2 (2) F ORM OF REPORT.—Each report submitted 3 under paragraph (1) shall be submitted in unclassi-4 fied form but may contain a classified annex. 5 (b) I MPOSITION OFSANCTIONS.—The President shall 6 impose the following sanctions with respect to each gov-7 ernment of a foreign country identified under subpara-8 graph (A) or (B) of subsection (a)(1): 9 (1) The United States Government shall sus-10 pend, for a period of one year, United States assist-11 ance to the government of the foreign country. 12 (2) The Secretary of the Treasury shall instruct 13 the United States Executive Director to each appro-14 priate international financial institution to oppose, 15 and vote against, for a period of one year, the exten-16 sion by that institution of any loan or financial or 17 technical assistance to the government of the foreign 18 country. 19 (3) No item on the United States Munitions 20 List under section 38(a)(1) of the Arms Export 21 Control Act (22 U.S.C. 2778(a)(1)) or the Com-22 merce Control List set forth in Supplement No. 1 to 23 part 774 of title 15, Code of Federal Regulations (or 24 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 16 •S 3874 IS any successor list), may be exported to the govern-1 ment of the foreign country for a period of one year. 2 (c) I MPOSITION OFADDITIONALSANCTIONSWITH 3 R ESPECT TOCERTAINFOREIGNGOVERNMENTS.—The 4 President shall impose the following additional sanctions 5 with respect to each government of a foreign country iden-6 tified under subsection (a)(1)(A): 7 (1) The President shall, pursuant to such regu-8 lations as the President may prescribe, prohibit any 9 transactions in foreign exchange that are subject to 10 the jurisdiction of the United States and in which 11 the government of the foreign country has any inter-12 est. 13 (2) The President shall, pursuant to such regu-14 lations as the President may prescribe, prohibit any 15 transfers of credit or payments between one or more 16 financial institutions or by, through, or to any finan-17 cial institution, to the extent that such transfers or 18 payments are subject to the jurisdiction of the 19 United States and involve any interest of the govern-20 ment of the foreign country. 21 (d) E XCEPTIONS.— 22 (1) M ILITARY USE EXCEPTION.—The President 23 shall not be required to impose sanctions with re-24 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 17 •S 3874 IS spect to the government of a foreign country pursu-1 ant to subsection (b)— 2 (A) with respect to materials intended to 3 be used by military or civilian personnel of the 4 Armed Forces of the United States at military 5 facilities in the country; or 6 (B) if the application of such sanctions 7 would prevent the United States from meeting 8 the terms of any status of forces agreement to 9 which the United States is a party. 10 (2) H UMANITARIAN EXCEPTION .—The following 11 activities shall be exempt from sanctions under this 12 section: 13 (A) The conduct or facilitation of a trans-14 action for the sale of agricultural commodities, 15 food, medicine, or medical devices to a foreign 16 government described in subsection (a) that is 17 not otherwise subject to the export control laws 18 of the United States. 19 (B) The provision of humanitarian assist-20 ance to a foreign government described in sub-21 section(a), including engaging in a financial 22 transaction relating to humanitarian assistance 23 or for humanitarian purposes or transporting 24 goods or services that are necessary to carry 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 18 •S 3874 IS out operations relating to humanitarian assist-1 ance or humanitarian purposes. 2 (e) W AIVER.— 3 (1) I N GENERAL.—The President may waive, 4 on a case-by-case basis and for a period of not more 5 than 180 days, a requirement under subsection (b) 6 or (c) to impose or maintain sanctions with respect 7 to a foreign government identified pursuant to sub-8 paragraph (A) or (B) of subsection (a)(1) if the 9 President— 10 (A) determines that the waiver is in the 11 national security interest of the United States; 12 and 13 (B) not less than 30 days before the waiv-14 er takes effect, submits to the appropriate con-15 gressional committees a report on the waiver 16 and the justification for the waiver. 17 (2) R ENEWAL OF WAIVER .—The President 18 may, on a case-by-case basis, renew a waiver under 19 paragraph (1) for additional periods of not more 20 than 180 days if the President— 21 (A) determines that the renewal of the 22 waiver is in the national security interest of the 23 United States; and 24 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 19 •S 3874 IS (B) not less than 15 days before the waiv-1 er expires, submits to the appropriate congres-2 sional committees a report on the renewal of 3 the waiver and the justification for the renewal 4 of the waiver. 5 (3) S UNSET.—The authority of the President 6 under this subsection shall terminate on the date 7 that is 2 years after the date of the enactment of 8 this Act. 9 (f) R ULE OFCONSTRUCTION.—The authority to im-10 pose sanctions under subsection (b) or (c) with respect to 11 each government of a foreign country identified pursuant 12 to subparagraph (A) or (B) of subsection (a)(1) is in addi-13 tion to the authority to impose sanctions under any other 14 provision of law with respect to governments of foreign 15 countries that provide material support to foreign terrorist 16 organizations designated pursuant to section 219 of the 17 Immigration and Nationality Act (8 U.S.C. 1189). 18 (g) T ERMINATION.—The President may terminate 19 any sanctions imposed with respect to the government of 20 a foreign country under subsection (b) or (c) if the Presi-21 dent determines and notifies the appropriate congressional 22 committees that the government of the foreign country is 23 no longer carrying out activities or transactions for which 24 the sanctions were imposed and has provided assurances 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 20 •S 3874 IS to the United States Government that it will not carry 1 out those activities or transactions in the future. 2 (h) E FFECTIVEDATE.—This section shall take effect 3 on the date of the enactment of this Act and apply with 4 respect to activities and transactions described in subpara-5 graph (A) or (B) of subsection (a)(1) that are carried out 6 on or after such date of enactment. 7 SEC. 6. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES 8 TO DISRUPT GLOBAL FUNDRAISING, FINANC-9 ING, AND MONEY LAUNDERING ACTIVITIES 10 OF HAMAS, THE PALESTINIAN ISLAMIC 11 JIHAD, OR ANY AFFILIATE OR SUCCESSOR 12 THEREOF. 13 (a) R EPORT.— 14 (1) I N GENERAL.—Not later than 180 days 15 after the date of the enactment of this Act, the 16 President shall submit to the appropriate commit-17 tees of Congress a report that includes— 18 (A) a list of foreign countries that support 19 Hamas, the Palestinian Islamic Jihad, or any 20 affiliate or successor thereof, or in which 21 Hamas maintains important portions of its fi-22 nancial networks; 23 (B) with respect to each foreign country on 24 the list required by subparagraph (A)— 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 21 •S 3874 IS (i) an assessment of whether the gov-1 ernment of the country is taking adequate 2 measures to freeze the assets of Hamas, 3 the Palestinian Islamic Jihad, or any affil-4 iate or successor thereof within the terri-5 tory of the country; and 6 (ii) in the case of a country the gov-7 ernment of which is not taking adequate 8 measures to freeze the assets of Hamas— 9 (I) an assessment of the reasons 10 that government is not taking ade-11 quate measures to freeze those assets; 12 and 13 (II) a description of measures 14 being taken by the United States Gov-15 ernment to encourage that govern-16 ment to freeze those assets; 17 (C) a list of foreign countries in which 18 Hamas, the Palestinian Islamic Jihad, or any 19 affiliate or successor thereof, conducts signifi-20 cant fundraising, financing, or money laun-21 dering activities; 22 (D) with respect to each foreign country 23 on the list required by subparagraph (C)— 24 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 22 •S 3874 IS (i) an assessment of whether the gov-1 ernment of the country is taking adequate 2 measures to disrupt the fundraising, fi-3 nancing, or money laundering activities of 4 Hamas, the Palestinian Islamic Jihad, or 5 any affiliate or successor thereof within the 6 territory of the country; and 7 (ii) in the case of a country the gov-8 ernment of which is not taking adequate 9 measures to disrupt those activities— 10 (I) an assessment of the reasons 11 that government is not taking ade-12 quate measures to disrupt those ac-13 tivities; and 14 (II) a description of measures 15 being taken by the United States Gov-16 ernment to encourage that govern-17 ment to improve measures to disrupt 18 those activities; and 19 (E) a list of foreign countries from which 20 Hamas, the Palestinian Islamic Jihad, or any 21 affiliate or successor thereof, acquires surveil-22 lance equipment, electronic monitoring equip-23 ment, or other means to inhibit communication 24 or political expression in Gaza. 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 23 •S 3874 IS (2) FORM.—The report required by paragraph 1 (1) shall be submitted in unclassified form to the 2 greatest extent possible and may contain a classified 3 annex. 4 (b) B RIEFING.—Not later than 180 days after the 5 date of the enactment of this Act, and every 180 days 6 thereafter for the following 3 years, the Secretary of State, 7 the Secretary of the Treasury, and the heads of other ap-8 plicable Federal departments and agencies (or their des-9 ignees) shall provide to the appropriate committees of 10 Congress a briefing on the disposition of the assets and 11 activities of Hamas, the Palestinian Islamic Jihad, or any 12 successor or affiliate thereof related to fundraising, financ-13 ing, and money laundering worldwide. 14 (c) A PPROPRIATECOMMITTEES OF CONGRESSDE-15 FINED.—In this section, the term ‘‘appropriate commit-16 tees of Congress’’ means— 17 (1) the Committee on Foreign Relations, the 18 Committee on Banking, Housing, and Urban Af-19 fairs, and the Select Committee on Intelligence of 20 the Senate; and 21 (2) the Committee on Foreign Affairs, the 22 Committee on Financial Services, and the Perma-23 nent Select Committee on Intelligence of the House 24 of Representatives. 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 24 •S 3874 IS SEC. 7. MISCELLANEOUS PROVISIONS. 1 (a) R ULES OFCONSTRUCTION.— 2 (1) I NTELLIGENCE ACTIVITIES .—Nothing in 3 this Act shall be construed to apply to the author-4 ized intelligence activities of the United States. 5 (2) A SSISTANCE TO PALESTINIANS .—Nothing 6 in this Act shall be construed to prohibit the Presi-7 dent from providing assistance that benefits Pal-8 estinians in the West Bank and Gaza if such assist-9 ance is consistent with authorities and requirements 10 under other provisions of law, including section 11 1004(a) of the Taylor Force Act (22 U.S.C. 2378c– 12 1(a)) and sections 620K and 620L of the Foreign 13 Assistance Act of 1961 (22 U.S.C. 2378b and 14 2378c). 15 (b) R EGULATORYAUTHORITY.—The President shall, 16 not later than 180 days after the date of the enactment 17 of this Act, prescribe regulations as are necessary for the 18 implementation of this Act. 19 (c) E XCEPTIONS.— 20 (1) E XCEPTION RELATING TO IMPORTATION OF 21 GOODS.— 22 (A) I N GENERAL.—The authorities and re-23 quirements to impose sanctions authorized 24 under this Act shall not include the authority or 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 25 •S 3874 IS requirement to impose sanctions on the impor-1 tation of goods. 2 (B) G OOD DEFINED.—In this paragraph, 3 the term ‘‘good’’ means any article, natural or 4 man-made substance, material, supply or manu-5 factured product, including inspection and test 6 equipment, and excluding technical data. 7 (2) E XCEPTION FOR APPROVED HUMANITARIAN 8 ASSISTANCE.—No foreign person, agency or instru-9 mentality of a foreign state, or government of a for-10 eign country may be subject to sanctions under sec-11 tion (4)(c) or 5(b) with respect to the provision of 12 humanitarian assistance to the West Bank and Gaza 13 that was approved by the Secretary of State with the 14 concurrence of the Secretary of the Treasury. 15 (d) T ERMINATION.—This Act shall terminate on the 16 earlier of— 17 (1) 30 days after the date on which the Presi-18 dent certifies to the appropriate congressional com-19 mittees that Hamas and the Palestinian Islamic 20 Jihad, or any successor or affiliate thereof— 21 (A) are no longer designated as a foreign 22 terrorist organization pursuant to section 219 23 of the Immigration and Nationality Act (8 24 U.S.C. 1189); 25 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 26 •S 3874 IS (B) are no longer subject to sanctions pur-1 suant to— 2 (i) Executive Order 12947 (50 U.S.C. 3 1701 note; relating to prohibiting trans-4 actions with terrorists who threaten to dis-5 rupt the Middle East peace process); and 6 (ii) Executive Order 13224 (50 U.S.C. 7 1701 note; relating to blocking property 8 and prohibiting transactions with persons 9 who commit, threaten to commit, or sup-10 port terrorism); and 11 (C) meet the criteria described in para-12 graphs (1) through (4) of section 9 of the Pal-13 estinian Anti-Terrorism Act of 2006 (Public 14 Law 109–446; 22 U.S.C. 2378b note); or 15 (2) 3 years after the date of the enactment of 16 this Act. 17 SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. 18 The budgetary effects of this Act, for the purpose of 19 complying with the Statutory Pay-As-You-Go-Act of 2010 20 (2 U.S.C. 931 et seq.), shall be determined by reference 21 to the latest statement titled ‘‘Budgetary Effects of 22 PAYGO Legislation’’ for this Act, submitted for printing 23 in the Congressional Record by the Chairman of the Sen-24 VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB 27 •S 3874 IS ate Budget Committee, provided that such statement has 1 been submitted prior to the vote on passage. 2 Æ VerDate Sep 11 2014 23:53 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6301 E:\BILLS\S3874.IS S3874 kjohnson on DSK7ZCZBW3PROD with $$_JOB