Us Congress 2023 2023-2024 Regular Session

Us Congress Senate Bill SB3874 Introduced / Bill

Filed 03/21/2024

                    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