[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1647 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                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

                              May 17, 2023

Mr. Rubio (for himself, Mr. Cramer, Mr. Cassidy, Mr. Braun, Mr. Tillis, 
Mr. Scott of Florida, Mr. Hoeven, Mr. Moran, and Mr. Young) 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 terrorist 
    organizations in Gaza and the West Bank, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hamas and 
Palestinian Islamic Jihad International Terrorism Support Prevention 
Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
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 Palestinian 
                            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 
                            Palestinian 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 
                            Palestinian Islamic Jihad, or any affiliate 
                            or successor thereof.
Sec. 7. Miscellaneous provisions.
Sec. 8. Determination of budgetary effects.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Admitted.--The term ``admitted'' has the meaning given 
        that term in section 101(a)(13)(A) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(13)(A)).
            (2) Agency or instrumentality of a foreign state.--The term 
        ``agency or instrumentality of a foreign state'' has the 
        meaning given that term in section 1603(b) of title 28, United 
        States Code.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (4) Foreign person.--The term ``foreign person'' means--
                    (A) an individual who is not a United States 
                person; or
                    (B) a corporation, partnership, or other 
                nongovernmental entity that is not a United States 
                person.
            (5) 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.
            (6) Person.--The term ``person'' means an individual or 
        entity.
            (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;
                    (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; 
                or
                    (C) a person in the United States.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to prevent Hamas, the Palestinian Islamic Jihad, or any 
        affiliate or successor thereof from accessing its international 
        support networks; and
            (2) to oppose Hamas, the Palestinian Islamic Jihad, or any 
        affiliate or successor thereof from attempting to use goods, 
        including medicine and dual-use items, to smuggle weapons and 
        other materials to further acts of terrorism.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS AND 
              AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES 
              SUPPORTING HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY 
              AFFILIATE OR SUCCESSOR THEREOF.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall impose the sanctions 
required under subsection (c) with respect to any foreign person and 
any agency or instrumentality of a foreign state that the President 
determines knowingly--
            (1) assists in, sponsors, or provides significant financial 
        or material support for, or financial or other services to or 
        in support of any person described in subsection (b); or
            (2) directly or indirectly, materially engages in a 
        significant transaction with any person described in subsection 
        (b).
    (b) Person Described.--
            (1) In general.--A person described in this subsection is a 
        foreign person that the President determines--
                    (A) is a senior member of Hamas, the Palestinian 
                Islamic Jihad, or any affiliate or successor thereof;
                    (B) is a senior member of the Al-Aqsa Martyr's 
                Brigade, Lion's Den, or any other entity that the 
                President determines is part of the terrorist 
                infrastructure in the West Bank and Gaza;
                    (C) is a senior member of a foreign terrorist 
                organization designated pursuant to section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189) whose 
                members directly or indirectly support any of the 
                activities of, knowingly engage in a significant 
                transaction with, or provide financial or material 
                support for Hamas, the Palestinian Islamic Jihad, any 
                affiliate or successor thereof, or any person described 
                in subparagraph (A) or (B); or
                    (D) knowingly provides or has provided material 
                assistance, financial or material support, or goods or 
                services that directly or indirectly supports the 
                terrorist activities of any foreign person described in 
                subparagraph (A) or (B).
            (2) Requirement to issue guidance.--Not later than 60 days 
        after the date of the enactment of this Act, and not later than 
        180 days thereafter, the President shall issue regulations or 
        other guidance to identify the persons described in this 
        subsection.
    (c) Sanctions Required.--
            (1) Foreign persons.--With respect to a foreign person 
        subject to sanctions under subsection (a), the President shall 
        exercise all powers granted to the President by the 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.) (except that the requirements of section 202 of such Act 
        (50 U.S.C. 1701) shall not apply) to the extent necessary to 
        block and prohibit all transactions in all property and 
        interests in property of the foreign person 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.
            (2) Agencies or instrumentalities of a foreign state.--With 
        respect to an agency or instrumentality of a foreign state 
        subject to sanctions under subsection (a), the President shall 
        impose 2 or more of the following:
                    (A) The President may direct the Export-Import Bank 
                of the United States not to give approval to the 
                issuance of any guarantee, insurance, extension of 
                credit, or participation in the extension of credit in 
                connection with the export of any goods or services to 
                the agency or instrumentality, and the Export-Import 
                Bank of the United States shall comply with any such 
                direction.
                    (B) The President may prohibit the sale of any 
                defense articles, defense services, or design and 
                construction services under the Arms Export Control Act 
                (22 U.S.C. 2751 et seq.) to the agency or 
                instrumentality.
                    (C) The President may prohibit the issuance of 
                licenses for export of any item on the United States 
                Munitions List under section 38(a)(1) of the Arms 
                Export Control Act (22 U.S.C. 2778(a)(1)) that include 
                the agency or instrumentality as a party to the 
                license.
                    (D) The President may prohibit the export of any 
                goods or technologies controlled for national security 
                reasons under the Export Administration Regulations 
                under subchapter C of chapter VII of title 15, Code of 
                Federal Regulations, or successor regulations, to the 
                agency or instrumentality, except that such prohibition 
                shall not apply to any transaction subject to the 
                reporting requirements of title V of the National 
                Security Act of 1947 (50 U.S.C. 3091 et seq.).
                    (E) The President may prohibit any United States 
                financial institution from making loans or providing 
                any credit or financing totaling more than $10,000,000 
                to the agency or instrumentality, except that this 
                subparagraph shall not apply to--
                            (i) any transaction subject to the 
                        reporting requirements of title V of the 
                        National Security Act of 1947 (50 U.S.C. 3091 
                        et seq.);
                            (ii) the provision of medicines, medical 
                        equipment, and humanitarian assistance; or
                            (iii) any credit, credit guarantee, or 
                        financial assistance provided by the Department 
                        of Agriculture to support the purchase of food 
                        or other agricultural commodities.
                    (F) The President may exercise all powers granted 
                to the President by the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.) (except 
                that the requirements of section 202 of such Act (50 
                U.S.C. 1701) shall not apply) to the extent necessary 
                to block and prohibit all transactions in all property 
                and interests in property of the agency or 
                instrumentality 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) Congressional Nomination Determination With Respect to Foreign 
Persons Subject to Sanctions.--Not later than 60 days after receiving a 
request from the chairman and ranking member of one of the appropriate 
congressional committees with respect to whether a foreign person is 
subject to sanctions under subsection (a) pursuant to the criteria set 
forth in that subsection, the President shall--
            (1) determine if the person meets those criteria; and
            (2) submit a classified or unclassified report to such 
        chairman and ranking member with respect to the determination 
        under paragraph (1) that includes a statement of whether or not 
        the President has imposed or intends to impose sanctions with 
        respect to that person.
    (e) Penalties.--
            (1) In general.--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 knowingly violates, attempts to violate, conspires to 
        violate, or causes a violation of regulations prescribed under 
        section 7(b) to carry out paragraph (1) or (2)(F) of subsection 
        (c) to the same extent that such penalties apply to a person 
        that knowingly commits an unlawful act described in section 
        206(a) of that Act.
            (2) Authorities.--The President may exercise all 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) for purposes of carrying out paragraphs 
        (1) and (2)(F) of subsection (c).
    (f) Exception.--The President shall not be required to impose 
sanctions under this section with respect to a foreign person or an 
agency or instrumentality of a foreign state if the President certifies 
in writing to the appropriate congressional committees that--
            (1) the foreign person or agency or instrumentality (as the 
        case may be)--
                    (A) is no longer carrying out activities or 
                transactions subject to sanctions under this section; 
                or
                    (B) has taken and is continuing to take significant 
                verifiable steps toward terminating activities or 
                transactions subject to sanctions under this section; 
                and
            (2) the President has received reliable assurances from the 
        foreign person or agency or instrumentality (as the case may 
        be) that it will not carry out any activities or transactions 
        subject to sanctions under this section in the future.
    (g) Waiver.--
            (1) In general.--The President may waive, on a case-by-case 
        basis and for a period of not more than 180 days, a requirement 
        under this section to impose or maintain sanctions with respect 
        to a foreign person or agency or instrumentality of a foreign 
        state if the President--
                    (A) determines that the waiver is in the national 
                security interest of the United States; and
                    (B) not less than 30 days before the waiver takes 
                effect, submits to the appropriate congressional 
                committees a report on the waiver and the justification 
                for the waiver.
            (2) Renewal of waiver.--The President may, on a case-by-
        case basis, renew a waiver under paragraph (1) for additional 
        periods of not more than 180 days if the President--
                    (A) determines that the renewal of the waiver is in 
                the national security interest of the United States; 
                and
                    (B) not less than 15 days before the waiver 
                expires, submits to the appropriate congressional 
                committees a report on the renewal of the waiver and 
                the justification for the renewal of the waiver.
    (h) Rule of Construction.--The authority to impose sanctions under 
this section with respect to a foreign person or an agency or 
instrumentality of a foreign state is in addition to the authority to 
impose sanctions under any other provision of law with respect to 
foreign persons or agencies or instrumentalities of foreign states that 
directly or indirectly support international terrorism.
    (i) Effective Date.--This section shall take effect on the date of 
the enactment of this Act and apply with respect to activities and 
transactions described in subsection (a) that are carried out on or 
after such date of enactment.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN GOVERNMENTS 
              THAT PROVIDE MATERIAL SUPPORT FOR THE TERRORIST 
              ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR 
              ANY AFFILIATE OR SUCCESSOR THEREOF.

    (a) Identification.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 180 days thereafter, the 
        President shall submit to the appropriate congressional 
        committees a report that identifies the following:
                    (A) Each government of a foreign country that--
                            (i) the Secretary of State determines has 
                        repeatedly provided support for acts of 
                        international terrorism pursuant to section 
                        1754(c) of the Export Control Reform Act of 
                        2018 (50 U.S.C. 4813(c)), section 40 of the 
                        Arms Export Control Act (22 U.S.C. 2780), 
                        section 620A of the Foreign Assistance Act of 
                        1961 (22 U.S.C. 2371), or any other provision 
                        of law; and
                            (ii) the President determines has provided 
                        direct or indirect material support for the 
                        terrorist activities of Hamas, the Palestinian 
                        Islamic Jihad, or any affiliate or successor 
                        thereof.
                    (B) Each government of a foreign country that--
                            (i) is not identified under subparagraph 
                        (A); and
                            (ii) the President determines knowingly 
                        engaged in a significant transaction that 
                        contributes to the efforts by the government of 
                        a foreign country described in subparagraph 
                        (A)(i) to provide direct or indirect material 
                        support for the terrorist activities of Hamas, 
                        the Palestinian Islamic Jihad, or any affiliate 
                        or successor thereof.
            (2) Form of report.--Each report submitted under paragraph 
        (1) shall be submitted in unclassified form but may contain a 
        classified annex.
    (b) Imposition of Sanctions.--The President shall impose the 
following sanctions with respect to each government of a foreign 
country identified under subparagraph (A) or (B) of subsection (a)(1):
            (1) The United States Government shall suspend, for a 
        period of one year, United States assistance to the government 
        of the foreign country.
            (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 one year, the extension by that institution of any loan or 
        financial or technical assistance to the government of the 
        foreign country.
            (3) No item on the United States Munitions List under 
        section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 
        2778(a)(1)) or the Commerce Control List set forth in 
        Supplement No. 1 to part 774 of title 15, Code of Federal 
        Regulations (or any successor list), may be exported to the 
        government of the foreign country for a period of one year.
    (c) Imposition of Additional Sanctions With Respect to Certain 
Foreign Governments.--The President shall impose the following 
additional sanctions with respect to each government of a foreign 
country identified under subsection (a)(1)(A):
            (1) The President shall, pursuant to such regulations as 
        the President may prescribe, prohibit any transactions in 
        foreign exchange that are subject to the jurisdiction of the 
        United States and in which the government of the foreign 
        country has any interest.
            (2) The President shall, pursuant to such regulations as 
        the President may prescribe, prohibit any transfers of credit 
        or payments between one or more financial institutions or by, 
        through, or to any financial institution, to the extent that 
        such transfers or payments are subject to the jurisdiction of 
        the United States and involve any interest of the government of 
        the foreign country.
    (d) Exceptions.--
            (1) Military use exception.--The President shall not be 
        required to impose sanctions with respect to the government of 
        a foreign country pursuant to subsection (b)--
                    (A) with respect to materials intended to be used 
                by military or civilian personnel of the Armed Forces 
                of the United States at military facilities in the 
                country; or
                    (B) if the application of such sanctions would 
                prevent the United States from meeting the terms of any 
                status of forces agreement to which the United States 
                is a party.
            (2) Humanitarian exception.--The following activities shall 
        be exempt from sanctions under this section:
                    (A) The conduct or facilitation of a transaction 
                for the sale of agricultural commodities, food, 
                medicine, or medical devices to a foreign government 
                described in subsection (a) that is not otherwise 
                subject to the export control laws of the United 
                States.
                    (B) The provision of humanitarian assistance to a 
                foreign government described in subsection(a), 
                including engaging in a financial transaction relating 
                to humanitarian assistance or for humanitarian purposes 
                or transporting goods or services that are necessary to 
                carry out operations relating to humanitarian 
                assistance or humanitarian purposes.
    (e) Waiver.--
            (1) In general.--The President may waive, on a case-by-case 
        basis and for a period of not more than 180 days, a requirement 
        under subsection (b) or (c) to impose or maintain sanctions 
        with respect to a foreign government identified pursuant to 
        subparagraph (A) or (B) of subsection (a)(1) if the President--
                    (A) determines that the waiver is in the national 
                security interest of the United States; and
                    (B) not less than 30 days before the waiver takes 
                effect, submits to the appropriate congressional 
                committees a report on the waiver and the justification 
                for the waiver.
            (2) Renewal of waiver.--The President may, on a case-by-
        case basis, renew a waiver under paragraph (1) for additional 
        periods of not more than 180 days if the President--
                    (A) determines that the renewal of the waiver is in 
                the national security interest of the United States; 
                and
                    (B) not less than 15 days before the waiver 
                expires, submits to the appropriate congressional 
                committees a report on the renewal of the waiver and 
                the justification for the renewal of the waiver.
            (3) Sunset.--The authority of the President under this 
        subsection shall terminate on the date that is 2 years after 
        the date of the enactment of this Act.
    (f) Rule of Construction.--The authority to impose sanctions under 
subsection (b) or (c) with respect to each government of a foreign 
country identified pursuant to subparagraph (A) or (B) of subsection 
(a)(1) is in addition to the authority to impose sanctions under any 
other provision of law with respect to governments of foreign countries 
that provide material support to foreign terrorist organizations 
designated pursuant to section 219 of the Immigration and Nationality 
Act (8 U.S.C. 1189).
    (g) Termination.--The President may terminate any sanctions imposed 
with respect to the government of a foreign country under subsection 
(b) or (c) if the President determines and notifies the appropriate 
congressional committees that the government of the foreign country is 
no longer carrying out activities or transactions for which the 
sanctions were imposed and has provided assurances to the United States 
Government that it will not carry out those activities or transactions 
in the future.
    (h) Effective Date.--This section shall take effect on the date of 
the enactment of this Act and apply with respect to activities and 
transactions described in subparagraph (A) or (B) of subsection (a)(1) 
that are carried out on or after such date of enactment.

SEC. 6. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES TO DISRUPT GLOBAL 
              FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES 
              OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE 
              OR SUCCESSOR THEREOF.

    (a) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate committees of Congress a report that includes--
                    (A) a list of foreign countries that support Hamas, 
                the Palestinian Islamic Jihad, or any affiliate or 
                successor thereof, or in which Hamas maintains 
                important portions of its financial networks;
                    (B) with respect to each foreign country on the 
                list required by subparagraph (A)--
                            (i) an assessment of whether the government 
                        of the country is taking adequate measures to 
                        freeze the assets of Hamas, the Palestinian 
                        Islamic Jihad, or any affiliate or successor 
                        thereof within the territory of the country; 
                        and
                            (ii) in the case of a country the 
                        government of which is not taking adequate 
                        measures to freeze the assets of Hamas--
                                    (I) an assessment of the reasons 
                                that government is not taking adequate 
                                measures to freeze those assets; and
                                    (II) a description of measures 
                                being taken by the United States 
                                Government to encourage that government 
                                to freeze those assets;
                    (C) a list of foreign countries in which Hamas, the 
                Palestinian Islamic Jihad, or any affiliate or 
                successor thereof, conducts significant fundraising, 
                financing, or money laundering activities;
                    (D) with respect to each foreign country on the 
                list required by subparagraph (C)--
                            (i) an assessment of whether the government 
                        of the country is taking adequate measures to 
                        disrupt the fundraising, financing, or money 
                        laundering activities of Hamas, the Palestinian 
                        Islamic Jihad, or any affiliate or successor 
                        thereof within the territory of the country; 
                        and
                            (ii) in the case of a country the 
                        government of which is not taking adequate 
                        measures to disrupt those activities--
                                    (I) an assessment of the reasons 
                                that government is not taking adequate 
                                measures to disrupt those activities; 
                                and
                                    (II) a description of measures 
                                being taken by the United States 
                                Government to encourage that government 
                                to improve measures to disrupt those 
                                activities; and
                    (E) a list of foreign countries from which Hamas, 
                the Palestinian Islamic Jihad, or any affiliate or 
                successor thereof, acquires surveillance equipment, 
                electronic monitoring equipment, or other means to 
                inhibit communication or political expression in Gaza.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form to the greatest extent possible 
        and may contain a classified annex.
    (b) Briefing.--Not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter for the following 
3 years, the Secretary of State, the Secretary of the Treasury, and the 
heads of other applicable Federal departments and agencies (or their 
designees) shall provide to the appropriate committees of Congress a 
briefing on the disposition of the assets and activities of Hamas, the 
Palestinian Islamic Jihad, or any successor or affiliate thereof 
related to fundraising, financing, and money laundering worldwide.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Banking, Housing, and Urban Affairs, and the Select Committee 
        on Intelligence of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Financial Services, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) Rule of Construction.--Nothing in this Act shall be construed 
to apply to the authorized intelligence activities of the United 
States.
    (b) Regulatory Authority.--The President shall, not later than 180 
days after the date of the enactment of this Act, prescribe regulations 
as are necessary for the implementation of this Act.
    (c) Exception Relating to Importation of Goods.--
            (1) 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.
            (2) Good defined.--In this subsection, 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.
    (d) Termination.--This Act shall terminate on the earlier of--
            (1) 30 days after the date on which the President certifies 
        to the appropriate congressional committees that Hamas and the 
        Palestinian Islamic Jihad, or any successor or affiliate 
        thereof--
                    (A) are no longer designated as a foreign terrorist 
                organization pursuant to section 219 of the Immigration 
                and Nationality Act (8 U.S.C. 1189);
                    (B) are no longer subject to sanctions pursuant 
                to--
                            (i) Executive Order 12947 (50 U.S.C. 1701 
                        note; relating to prohibiting transactions with 
                        terrorists who threaten to disrupt the Middle 
                        East peace process); and
                            (ii) Executive Order 13224 (50 U.S.C. 1701 
                        note; relating to blocking property and 
                        prohibiting transactions with persons who 
                        commit, threaten to commit, or support 
                        terrorism); and
                    (C) meet the criteria described in paragraphs (1) 
                through (4) of section 9 of the Palestinian Anti-
                Terrorism Act of 2006 (Public Law 109-446; 22 U.S.C. 
                2378b note); or
            (2) 3 years after the date of the enactment of this Act.

SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010 (2 U.S.C. 931 et seq.), 
shall be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for 
printing in the Congressional Record by the Chairman of the Senate 
Budget Committee, provided that such statement has been submitted prior 
to the vote on passage.
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