[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S605-S607]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1457. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

  DIVISION C--SANCTIONS WITH RESPECT TO FOREIGN SUPPORT FOR TERRORIST 
                             ORGANIZATIONS

     SEC. 4001. SHORT TITLE.

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

     SEC. 4002. 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. 4003. 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.

[[Page S606]]

  


     SEC. 4004. 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. 4005. 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. 4006. 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. 4007. TERMINATION.

       This division 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. 4008. DEFINITIONS.

       In this division:
       (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.

[[Page S607]]

       (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.
                                 ______