[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7879-S7881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4357. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

   Subtitle H--Palestinian International Terrorism Support Prevention

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Palestinian 
     International Terrorism Support Prevention Act of 2021''.

     SEC. 1292. DEFINITIONS.

       Except as otherwise provided, in this subtitle:
       (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) Appropriate congressional committees.--Except as 
     otherwise provided, 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.
       (3) 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.
       (4) 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.
       (5) Person.--The term ``person'' means an individual or 
     entity.
       (6) 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.

     SEC. 1293. 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. 1294. 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) Identification.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for the 
     following 3 years, the President shall submit to the 
     appropriate congressional committees a report that identifies 
     each foreign person or agency or instrumentality of a foreign 
     state that the President determines--
       (A) knowingly assists in, sponsors, or provides significant 
     financial or material support for, or financial or other 
     services to or in support of, the terrorist activities of any 
     person described in paragraph (2); or
       (B) directly or indirectly, knowingly and materially 
     engages in a significant transaction with any person 
     described in paragraph (2).
       (2) Person described.--A person described in this paragraph 
     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 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 the terrorist activities of Hamas, the 
     Palestinian Islamic Jihad, or any affiliate or successor 
     thereof by knowingly engaging in a significant transaction 
     with, or providing financial or material support for Hamas, 
     the Palestinian Islamic Jihad, or any affiliate or successor 
     thereof, or any person described in subparagraph (A); or
       (C) directly or indirectly supports the terrorist 
     activities of Hamas, the Palestinian Islamic Jihad, or any 
     affiliate or successor thereof by knowingly and materially 
     assisting, sponsoring, or providing financial or material 
     support for, or goods or services to or in support of, Hamas, 
     the Palestinian Islamic Jihad, or any affiliate or successor 
     thereof, or any person described in subparagraph (A) or (B).
       (3) Form of report.--Each report required under paragraph 
     (1) shall be submitted in unclassified form, but may contain 
     a classified annex.
       (4) Exception.--
       (A) In general.--The President shall not be required to 
     identify a foreign person or an agency or instrumentality of 
     a foreign state in a report pursuant to paragraph (1)(B) if--
       (i) the foreign person or agency or instrumentality of a 
     foreign state notifies the United States Government in 
     advance that it proposes to engage in a significant 
     transaction described in that paragraph; and
       (ii) the President determines and notifies the appropriate 
     congressional committees in a classified form not less than 
     15 days prior to the foreign person or agency or 
     instrumentality of a foreign state engaging in the 
     significant transaction that the significant transaction is 
     in the national interests of the United States.
       (B) Non-applicability.--Subparagraph (A) shall not apply 
     with respect to--
       (i) an agency or instrumentality of a foreign state that 
     the Secretary of State determines has repeatedly provided 
     support for acts of international terrorism pursuant to 
     section 1754(c) of the Export Controls 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; or
       (ii) any significant transaction described in paragraph 
     (1)(B) that involves, directly or indirectly, a foreign state 
     described in clause (i).
       (b) Imposition of Sanctions.--
       (1) In general.--The President shall impose two or more of 
     the sanctions described in paragraph (2) with respect to a 
     foreign person or an agency or instrumentality of a foreign 
     state identified pursuant to subsection (a).
       (2) Sanctions described.--The sanctions described in this 
     paragraph to be imposed with respect to a foreign person or 
     an agency or instrumentality of a foreign state are 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 foreign person or agency or 
     instrumentality of a foreign state, 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 foreign person or agency or instrumentality of a 
     foreign state.
       (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 foreign person or agency or 
     instrumentality of a foreign state as a party.
       (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, to the 
     foreign person or agency or instrumentality of a foreign 
     state, 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 foreign 
     person or agency or instrumentality of a foreign state, 
     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

[[Page S7880]]

       (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 a foreign person 
     or agency or instrumentality of a foreign state 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.
       (3) Exception.--The President shall not be required to 
     apply sanctions under this subsection with respect to a 
     foreign person or an agency or instrumentality of a foreign 
     state identified pursuant to subsection (a) if the President 
     certifies in writing to the appropriate congressional 
     committees that--
       (A) the foreign person or agency or instrumentality--
       (i) is no longer carrying out activities or transactions 
     for which the sanctions were to be imposed; or
       (ii) has taken and is continuing to take significant 
     verifiable steps toward terminating the activities or 
     transactions for which the sanctions were to be imposed; and
       (B) the President has received reliable assurances from the 
     foreign person or agency or instrumentality that it will not 
     carry out any activities or transactions for which sanctions 
     may be imposed under this subsection in the future.
       (c) 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 1298(b) to carry out subsection (b)(2)(F) 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 subsection 
     (b)(2)(F).
       (d) 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) 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.
       (e) Rule of Construction.--The authority to impose 
     sanctions under subsection (b) with respect to a foreign 
     person or an agency or instrumentality of a foreign state 
     identified pursuant to subsection (a) 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.
       (f) Agency or Instrumentality of a Foreign State Defined.--
     In this section, 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.
       (g) 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. 1295. 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--
       (i) with respect to which the Secretary of State determines 
     has repeatedly provided support for acts of international 
     terrorism pursuant to section 1754(c) of the Export Controls 
     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) with respect to which 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 engaged in a significant 
     transaction so as to contribute knowingly and materially 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.--
       (1) In general.--The President shall impose the following 
     sanctions with respect to each government of a foreign 
     country identified under subsection (a)(1):
       (A) The United States Government shall suspend, for a 
     period of one year, United States assistance to the 
     government of the foreign country.
       (B) 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.
       (C) 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.
       (2) Exceptions.--The President shall not be required to 
     apply sanctions with respect to the government of a foreign 
     country pursuant to paragraph (1)--
       (A) with respect to materials intended to be used by 
     military or civilian personnel of the United States Armed 
     Forces 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.
       (c) Additional Sanctions With Respect to State Sponsors of 
     Terrorism.--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) 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.
       (e) 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).
       (f) 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--
       (1) is no longer carrying out activities or transactions 
     for which the sanctions were imposed; and
       (2) has provided assurances to the United States Government 
     that it will not carry out

[[Page S7881]]

     activities or transactions for which sanctions may be imposed 
     under subsection (b) or (c) in the future.
       (g) 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. 1296. EXEMPTIONS RELATING TO PROVISION OF HUMANITARIAN 
                   ASSISTANCE.

       (a) Sanctions With Respect to Foreign Persons and Agencies 
     and Instrumentalities of Foreign States.--The following 
     activities shall be exempt from sanctions under section 1294:
       (1) The conduct or facilitation of a transaction for the 
     sale of agricultural commodities, food, medicine, or medical 
     devices to a foreign person described in section 1294(a)(2).
       (2) The provision of humanitarian assistance to a foreign 
     person described in section 1294(a)(2), 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.
       (b) Sanctions With Respect to Foreign Governments.--The 
     following activities shall be exempt from sanctions under 
     section 1295:
       (1) The conduct or facilitation of a transaction for the 
     sale of agricultural commodities, food, medicine, or medical 
     devices to Hamas, the Palestinian Islamic Jihad, or any 
     affiliate or successor thereof described in section 
     1295(a)(1).
       (2) The provision of humanitarian assistance to Hamas, the 
     Palestinian Islamic Jihad, or any affiliate or successor 
     thereof described in section 1295(a)(1), 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.

     SEC. 1297. 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 congressional committees 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 congressional committees 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) Definition.--In this section, the term ``appropriate 
     congressional committees'' 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. 1298. MISCELLANEOUS PROVISIONS.

       (a) Rule of Construction.--Nothing in this subtitle 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 subtitle.
       (c) Exception Relating to Importation of Goods.--
       (1) In general.--The authorities and requirements to impose 
     sanctions authorized under this subtitle 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 subtitle 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. 1299. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this subtitle, 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 House Budget 
     Committee, provided that such statement has been submitted 
     prior to the vote on passage.
                                 ______