S.Amdt. 4357

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.
______