[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 340 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 237
118th CONGRESS
  1st Session
                                H. R. 340


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2023

                     Received; read the first time

                            November 6, 2023

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
   To impose sanctions with respect to foreign support for terrorist 
   organizations, including Hamas and the Palestinian Islamic Jihad.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hamas and Other Palestinian 
Terrorist Groups International Financing Prevention Act''.

SEC. 2. STATEMENT OF POLICY.

    It shall be the policy of the United States--
            (1) to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa 
        Martyrs Brigade, the Lion's Den, or any affiliate or successor 
        thereof from accessing its international support networks; and
            (2) to oppose Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
        Martyrs Brigade, the Lion's Den, or any affiliate or successor 
        thereof from using goods, including medicine and dual use 
        items, to smuggle weapons and other materials to further acts 
        of terrorism, including against Israel.

SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS 
              SUPPORTING ACTS OF TERRORISM OR ENGAGING IN SIGNIFICANT 
              TRANSACTIONS WITH SENIOR MEMBERS OF HAMAS, PALESTINIAN 
              ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST 
              ORGANIZATIONS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the President shall impose the sanctions 
described in subsection (c) with respect to each foreign person that 
the President determines, on or after the date of the enactment of this 
Act, engages in an activity described in subsection (b).
    (b) Activities Described.--A foreign person engages in an activity 
described in this subsection if the foreign person knowingly--
            (1) assists in sponsoring or providing significant 
        financial, material, or technological support for, or goods or 
        other services to enable, acts of terrorism; or
            (2) engages, directly or indirectly, in a significant 
        transaction with--
                    (A) a senior member of Hamas, Palestinian Islamic 
                Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any 
                affiliate or successor thereof; or
                    (B) a senior member of a foreign terrorist 
                organization designated pursuant to section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189) that is 
                responsible for providing, directly or indirectly, 
                support to Hamas, Palestinian Islamic Jihad, Al-Aqsa 
                Martyrs Brigade, the Lion's Den, or any affiliate or 
                successor thereof.
    (c) Sanctions Described.--The President shall exercise all of the 
powers granted to the President under the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to 
block and prohibit all transactions in property and interests in 
property of a foreign person described in subsection (a) if such 
property and interests in property are in the United States, come 
within the United States, or are or come within the possession or 
control of a United States person.
    (d) Penalties.--The penalties provided for in subsections (b) and 
(c) of section 206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705) shall apply to a person that violates, attempts to 
violate, conspires to violate, or causes a violation of this section or 
any regulations promulgated to carry out this section to the same 
extent that such penalties apply to a person that commits an unlawful 
act described in section 206(a) of that Act.
    (e) Implementation; Regulations.--
            (1) In general.--The President may exercise all authorities 
        provided under sections 203 and 205 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for 
        purposes of carrying out this section.
            (2) Regulations.--Not later than 60 days after the date of 
        the enactment of this Act, the President shall issue 
        regulations or other guidance as may be necessary for the 
        implementation of this section.
    (f) Waiver.--The President may waive, on a case-by-case basis and 
for a period of not more than 180 days, the application of sanctions 
under this section with respect to a foreign person only if, not later 
than 15 days prior to the date on which the waiver is to take effect, 
the President submits to the appropriate congressional committees a 
written determination and justification that the waiver is in the vital 
national security interests of the United States.
    (g) Humanitarian Exemption.--The President may waive the 
application of any provision of this section if the President certifies 
in writing to the appropriate congressional committees that such a 
waiver is vital to facilitate the delivery of humanitarian aid and is 
consistent with the national security interests of the United States 15 
days prior to the waiver taking effect.
    (h) Rule of Construction.--The authority to impose sanctions under 
this section with respect to a foreign person is in addition to the 
authority to impose sanctions under any other provision of law with 
respect to a foreign person that directly or indirectly supports acts 
of international terrorism.

SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOREIGN STATES PROVIDING 
              SUPPORT TO HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER 
              PALESTINIAN TERRORIST ORGANIZATIONS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the President shall impose the measures 
described in subsection (c) with respect to a foreign state if the 
President determines that the foreign state, on or after the date of 
the enactment of this Act, engages in an activity described in 
subsection (b).
    (b) Activities Described.--A foreign state engages in an activity 
described in this subsection if the foreign state knowingly--
            (1) provides significant material or financial support for 
        acts of international terrorism, pursuant to--
                    (A) section 1754(c) of the Export Control Reform 
                Act of 2018 (50 U.S.C. 4813(c)(1)(A));
                    (B) section 620A of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2371);
                    (C) section 40 of the Arms Export Control Act (22 
                U.S.C. 2780); or
                    (D) any other provision of law;
            (2) provides significant material support to Hamas, the 
        Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's 
        Den, or any affiliate or successor thereof; or
            (3) engages in a significant transaction that materially 
        contributes, directly or indirectly, to the terrorist 
        activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
        Martyrs Brigade, the Lion's Den, or any affiliate or successor 
        thereof.
    (c) Measures Described.--The measures described in this subsection 
with respect to a foreign state are the following:
            (1) The President shall suspend, for a period of at least 1 
        year, United States assistance to the foreign state.
            (2) The Secretary of the Treasury shall instruct the United 
        States Executive Director to each appropriate international 
        financial institution to oppose, and vote against, for a period 
        of 1 year, the extension by such institution of any loan or 
        financial or technical assistance to the government of the 
        foreign state.
            (3) The President shall prohibit the export of any item on 
        the United States Munitions List (established pursuant to 
        section 38 of the Arms Export Control Act (22 U.S.C. 2778)) or 
        the Commerce Control List set forth in Supplement No. 1 to part 
        774 of title 15, Code of Federal Regulations, to the foreign 
        state for a period of 1 year.
    (d) Penalties.--The penalties provided for in subsections (b) and 
(c) of section 206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705) shall apply to a person that violates, attempts to 
violate, conspires to violate, or causes a violation of this section or 
any regulations promulgated to carry out this section to the same 
extent that such penalties apply to a person that commits an unlawful 
act described in section 206(a) of that Act.
    (e) Waiver.--The President may waive, on a case-by-case basis and 
for a period of not more than 180 days, the application of measures 
under this section with respect to a foreign state only if, not later 
than 15 days prior to the date on which the waiver is to take effect, 
the President submits to the appropriate congressional committees a 
written determination and justification that the waiver is in the vital 
national security interests of the United States.
    (f) Implementation; Regulations.--
            (1) In general.--The President may exercise all authorities 
        provided under sections 203 and 205 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for 
        purposes of carrying out this section.
            (2) Regulations.--Not later than 60 days after the date of 
        the enactment of this Act, the President shall issue 
        regulations or other guidance as may be necessary for the 
        implementation of this section.
    (g) Additional Exemptions.--
            (1) Status of forces agreements.--The President may exempt 
        the application of measures under this section with respect to 
        a foreign state if the application of such measures would 
        prevent the United States from meeting the terms of any status 
        of forces agreement to which the United States is a party.
            (2) Authorized intelligence activities.--Measures under 
        this section shall not apply with respect to any activity 
        subject to the reporting requirements under title V of the 
        National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any 
        authorized intelligence activities of the United States.
            (3) Humanitarian exemption.--The President may waive the 
        application of any provision of this section if the President 
        certifies in writing to the appropriate congressional 
        committees that such a waiver is vital to facilitate the 
        delivery of humanitarian aid and is consistent with the 
        national security interests of the United States 15 days prior 
        to the waiver taking effect.
    (h) Rule of Construction.--The authority to impose measures under 
this section with respect to a foreign state is in addition to the 
authority to impose measures under any other provision of law with 
respect to foreign states that directly or indirectly support acts of 
international terrorism.

SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL FUNDRAISING, FINANCING, 
              AND MONEY LAUNDERING ACTIVITIES OF HAMAS, PALESTINIAN 
              ISLAMIC JIHAD, AL-AQSA MARTYRS BRIGADE, THE LION'S DEN OR 
              ANY AFFILIATE OR SUCCESSOR THEREOF.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, and every 180 days thereafter, the President shall submit 
to the appropriate congressional committees a report that includes--
            (1) an assessment of the disposition of the assets and 
        activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
        Martyrs Brigade, the Lion's Den, or any affiliate or successor 
        thereof related to fundraising, financing, and money laundering 
        worldwide;
            (2) a list of foreign states that knowingly providing 
        material, financial, or technical support for, or goods or 
        services to Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
        Martyrs Brigade, the Lion's Den, or any affiliate or successor 
        thereof;
            (3) a list of foreign states in which Hamas, the 
        Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's 
        Den, or any affiliate or successor thereof conducts significant 
        fundraising, financing, or money laundering activities;
            (4) a list of foreign states from which Hamas, the 
        Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's 
        Den, or any affiliate or successor thereof knowingly engaged in 
        the transfer of surveillance equipment, electronic monitoring 
        equipment, or other means to inhibit communication or the free 
        flow of information in Gaza; and
            (5) with respect to each foreign state listed in paragraph 
        (2), (3), or (4)--
                    (A) a description of the steps the foreign state 
                identified is taking adequate measures to restrict 
                financial flows to Hamas, the Palestinian Islamic 
                Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any 
                affiliates or successors thereof; and
                    (B) in the case of a foreign state failing to take 
                adequate measures to restrict financial flows to Hamas, 
                Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the 
                Lion's Den or any other designated entity engaged in 
                significant act of terrorism threatening the peace and 
                security of Israel--
                            (i) an assessment of the reasons that 
                        government is not taking adequate measures to 
                        restrict financial flows to those entities; and
                            (ii) a description of measures being taken 
                        by the United States Government to encourage 
                        the foreign state to restrict financial flows 
                        to those entities; and
    (b) Form.--Each report required by subsection (a) shall be 
submitted in unclassified form to the greatest extent possible, and may 
contain a classified annex.

SEC. 6. EXCEPTION RELATING TO IMPORTATION OF GOODS.

    (a) In General.--The authorities and requirements to impose 
sanctions authorized under this Act shall not include the authority or 
requirement to impose sanctions on the importation of goods.
    (b) Good Defined.--In this section, the term ``good'' means any 
article, natural or man-made substance, material, supply or 
manufactured product, including inspection and test equipment, and 
excluding technical data.

SEC. 7. TERMINATION.

    This Act shall terminate on the earlier of--
            (1) the date that is 7 years after the date of the 
        enactment of this Act; or
            (2) the date that is 30 days after the date on which the 
        President certifies to the appropriate congressional committees 
        that--
                    (A) Hamas or any successor or affiliate thereof is 
                no longer designated as a foreign terrorist 
                organization pursuant to section 219 of the Immigration 
                and Nationality Act (8 U.S.C. 1189);
                    (B) Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
                Martyrs Brigade, the Lion's Den, and any successor or 
                affiliate thereof are no longer subject to sanctions 
                pursuant to--
                            (i) Executive Order No. 12947 (January 23, 
                        1995; relating to prohibiting transactions with 
                        terrorists who threaten to disrupt the Middle 
                        East peace process); and
                            (ii) Executive Order No. 13224 (September 
                        23, 2001; relating to blocking property and 
                        prohibiting transactions with persons who 
                        commit, threaten to commit, or support 
                        terrorism); and
                    (C) Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
                Martyrs Brigade, the Lion's Den, and any successor or 
                affiliate thereof meet the criteria described in 
                paragraphs (1) through (4) of section 9 of the 
                Palestinian Anti-Terrorism Act of 2006 (22 U.S.C. 2378b 
                note).

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Act of terrorism.--The term ``act of terrorism'' means 
        an activity that--
                    (A) involves a violent act or an act dangerous to 
                human life, property, or infrastructure; and
                    (B) appears to be intended to--
                            (i) intimidate or coerce a civilian 
                        population;
                            (ii) influence the policy of a government 
                        by intimidation or coercion; or
                            (iii) affect the conduct of a government by 
                        mass destruction, assassination, kidnapping, or 
                        hostage-taking.
            (2) Admitted.--The term ``admitted'' has the meaning given 
        such term in section 101(a)(13)(A) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(13)(A)).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate.
            (4) Foreign state.--The term ``foreign state'' has the 
        meaning given such term in section 1603 of title 28, United 
        States Code.
            (5) Humanitarian aid.--The term ``humanitarian aid'' means 
        food, medicine, and medical supplies.
            (6) Material support.--The term ``material support'' has 
        the meaning given the term ``material support or resources'' in 
        section 2339A of title 18, United States Code.
            (7) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.

            Passed the House of Representatives November 1, 2023.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
                                                       Calendar No. 237

118th CONGRESS

  1st Session

                               H. R. 340

_______________________________________________________________________

                                 AN ACT

   To impose sanctions with respect to foreign support for terrorist 
   organizations, including Hamas and the Palestinian Islamic Jihad.

_______________________________________________________________________

                            November 6, 2023

            Read the second time and placed on the calendar