S.Amdt. 1457

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.
______