,,ii #aafth ,,congress #ast ,session ,s4 #bfhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bc1 #bjai,mr4 ,rubio 7for himself and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose sanctions with respect to foreign support for ,palestinian terrorism1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,palestinian ,international ,terrorism ,support ,prevention ,act of #bjai4 #b4 ,definitions ,except as otherwise provided1 in this ,act3 7#a7 ,admitted ,the term admitted has the meaning given that term in section #aja7;a77#ac77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ac77;,a774 7#b7 ,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 ,representatives4 7#c7 ,foreign person ,the term foreign person means-- 7,a7 an individual who is not a ,united ,states person2 or 7,b7 a corporation1 partnership1 or other nongovernmental entity that is not a ,united ,states person4 7#d7 ,material support ,the term material support has the meaning given the term material support or resources in section #bcci;,a of title #ah1 ,united ,states ,code4 7#e7 ,person ,the term person means an individual or entity4 7#f7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #c4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to prevent ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof from accessing its international support networks2 and 7#b7 to oppose ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof from attempting to use goods1 including medicine and dual-use items1 to smuggle weapons and other materials to further acts of terrorism4 #d4 ,imposition of sanctions with respect to foreign persons and agencies and instrumentalities of foreign states supporting ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof 7a7 ,identification 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for the following #c years1 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-- 7,a7 knowingly assists in1 sponsors1 or provides significant financial or material support for1 or financial or other services to or in support of1 the terrorist activities of any person described in paragraph 7#b72 or 7,b7 directly or indirectly1 knowingly and materially engages in a significant transaction with any person described in paragraph 7#b74 7#b7 ,person described ,a person described in this paragraph is a foreign person that the ,president determines-- 7,a7 is a senior member of ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof2 7,b7 is a senior member of a foreign terrorist organization designated pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7 whose members directly or indirectly support the terrorist activities of ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof by knowingly engaging in a significant transaction with1 or providing financial or material support for ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof1 or any person described in subparagraph 7,a72 or 7,c7 directly or indirectly supports the terrorist activities of ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof by knowingly and materially assisting1 sponsoring1 or providing financial or material support for1 or goods or services to or in support of1 ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof1 or any person described in subparagraph 7,a7 or 7,b74 7#c7 ,form of report ,each report required under paragraph 7#a7 shall be submitted in unclassified form1 but may contain a classified annex4 7#d7 ,exception 7,a7 ,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 7#a77;,b7 if-- 7i7 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 paragraph2 and 7ii7 the ,president determines and notifies the appropriate congressional committees in a classified form not less than #ae 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 ,states4 7,b7 ,non-applicability ,subparagraph 7,a7 shall not apply with respect to-- 7i7 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 #aged7;c7 of the ,export ,controls ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c771 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj71 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga71 or any other provision of law2 or 7ii7 any significant transaction described in paragraph 7#a77;,b7 that involves1 directly or indirectly1 a foreign state described in clause 7i74 7b7 ,imposition of sanctions 7#a7 ,in general ,the ,president shall impose two or more of the sanctions described in paragraph 7#b7 with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection 7a74 7#b7 ,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 following3 7,a7 ,the ,president may direct the ,export-,import ,bank of the ,united ,states not to give approval to the issuance of any guarantee1 insurance1 extension of credit1 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 state1 and the ,export-,import ,bank of the ,united ,states shall comply with any such direction4 7,b7 ,the ,president may prohibit the sale of any defense articles1 defense services1 or design and construction services under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 to the foreign person or agency or instrumentality of a foreign state4 7,c7 ,the ,president may prohibit the issuance of licenses for export of any item on the ,united ,states ,munitions ,list under section #ch7;a77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh7;a77#a77 that include the foreign person or agency or instrumentality of a foreign state as a party4 7,d7 ,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 #ae1 ,code of ,federal ,regulations1 to the foreign person or agency or instrumentality of a foreign state1 except that such prohibition shall not apply to any transaction subject to the reporting requirements of title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq474 7,e7 ,the ,president may prohibit any ,united ,states financial institution from making loans or providing any credit or financing totaling more than #aj1jjj1jjj to the foreign person or agency or instrumentality of a foreign state1 except that this subparagraph shall not apply to-- 7i7 any transaction subject to the reporting requirements of title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq472 7ii7 the provision of medicines1 medical equipment1 and humanitarian assistance2 or 7iii7 any credit1 credit guarantee1 or financial assistance provided by the ,department of ,agriculture to support the purchase of food or other agricultural commodities4 7,f7 ,the ,president may exercise all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 7except that the requirements of section #bjb of such ,act 7#ej ,u4,s4,c4 #agja7 shall not apply7 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#c7 ,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 7a7 if the ,president certifies in writing to the appropriate congressional committees that-- 7,a7 the foreign person or agency or instrumentality-- 7i7 is no longer carrying out activities or transactions for which the sanctions were to be imposed2 or 7ii7 has taken and is continuing to take significant verifiable steps toward terminating the activities or transactions for which the sanctions were to be imposed2 and 7,b7 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 future4 7c7 ,penalties 7#a7 ,in general ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a person that knowingly violates1 attempts to violate1 conspires to violate1 or causes a violation of regulations prescribed under section #h7;b7 to carry out subsection 7b77#b77;,f7 to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section #bjf7;a7 of that ,act4 7#b7 ,authorities ,the ,president may exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 for purposes of carrying out subsection 7b77#b77;,f74 7d7 ,waiver 7#a7 ,in general ,the ,president may waive1 on a case-by-case basis and for a period of not more than #ahj days1 a requirement under subsection 7b7 to impose or maintain sanctions with respect to a foreign person or agency or instrumentality of a foreign state if the ,president-- 7,a7 determines that the waiver is in the national security interest of the ,united ,states2 and 7,b7 not less than #cj days before the waiver takes effect1 submits to the appropriate congressional committees a report on the waiver and the justification for the waiver4 7#b7 ,renewal of waiver ,the ,president may1 on a case-by-case basis1 renew a waiver under paragraph 7#a7 for additional periods of not more than #ahj days if the ,president-- 7,a7 determines that the renewal of the waiver is in the national security interest of the ,united ,states2 and 7,b7 not less than #ae days before the waiver expires1 submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver4 7e7 ,rule of construction ,the authority to impose sanctions under subsection 7b7 with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection 7a7 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 terrorism4 7f7 ,agency or instrumentality of a foreign state defined ,in this section1 the term agency or instrumentality of a foreign state has the meaning given that term in section #afjc7;b7 of title #bh1 ,united ,states ,code4 7g7 ,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 7a7 that are carried out on or after such date of enactment4 #e4 ,imposition of sanctions with respect to foreign governments that provide material support for the terrorist activities of ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof 7a7 ,identification 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter1 the ,president shall submit to the appropriate congressional committees a report that identifies the following3 7,a7 ,each government of a foreign country-- 7i7 with respect to which the ,secretary of ,state determines has repeatedly provided support for acts of international terrorism pursuant to section #aged7;c7 of the ,export ,controls ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c771 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj71 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga71 or any other provision of law2 and 7ii7 with respect to which the ,president determines has provided direct or indirect material support for the terrorist activities of ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof4 7,b7 ,each government of a foreign country that-- 7i7 is not identified under subparagraph 7,a72 and 7ii7 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 7,a77i7 to provide direct or indirect material support for the terrorist activities of ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof4 7#b7 ,form of report ,each report submitted under paragraph 7#a7 shall be submitted in unclassified form but may contain a classified annex4 7b7 ,imposition of sanctions 7#a7 ,in general ,the ,president shall impose the following sanctions with respect to each government of a foreign country identified under subsection 7a77#a73 7,a7 ,the ,united ,states ,government shall suspend1 for a period of one year1 ,united ,states assistance to the government of the foreign country4 7,b7 ,the ,secretary of the ,treasury shall instruct the ,united ,states ,executive ,director to each appropriate international financial institution to oppose1 and vote against1 for a period of one year1 the extension by that institution of any loan or financial or technical assistance to the government of the foreign country4 7,c7 ,no item on the ,united ,states ,munitions ,list under section #ch7;a77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh7;a77#a77 or the ,commerce ,control ,list set forth in ,supplement ,no4 #a to part #ggd of title #ae1 ,code of ,federal ,regulations 7or any successor list71 may be exported to the government of the foreign country for a period of one year4 7#b7 ,exceptions ,the ,president shall not be required to apply sanctions with respect to the government of a foreign country pursuant to paragraph 7#a7-- 7,a7 with respect to materials intended to be used by military or civilian personnel of the ,united ,states ,armed ,forces at military facilities in the country2 or 7,b7 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 party4 7c7 ,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 7a77#a77;,a73 7#a7 ,the ,president shall1 pursuant to such regulations as the ,president may prescribe1 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 interest4 7#b7 ,the ,president shall1 pursuant to such regulations as the ,president may prescribe1 prohibit any transfers of credit or payments between one or more financial institutions or by1 through1 or to any financial institution1 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 country4 7d7 ,waiver 7#a7 ,in general ,the ,president may waive1 on a case-by-case basis and for a period of not more than #ahj days1 a requirement under subsection 7b7 or 7c7 to impose or maintain sanctions with respect to a foreign government identified pursuant to subparagraph 7,a7 or 7,b7 of subsection 7a77#a7 if the ,president-- 7,a7 determines that the waiver is in the national security interest of the ,united ,states2 and 7,b7 not less than #cj days before the waiver takes effect1 submits to the appropriate congressional committees a report on the waiver and the justification for the waiver4 7#b7 ,renewal of waiver ,the ,president may1 on a case-by-case basis1 renew a waiver under paragraph 7#a7 for additional periods of not more than #ahj days if the ,president-- 7,a7 determines that the renewal of the waiver is in the national security interest of the ,united ,states2 and 7,b7 not less than #ae days before the waiver expires1 submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver4 7e7 ,rule of construction ,the authority to impose sanctions under subsection 7b7 or 7c7 with respect to each government of a foreign country identified pursuant to subparagraph 7,a7 or 7,b7 of subsection 7a77#a7 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 #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 7f7 ,termination ,the ,president may terminate any sanctions imposed with respect to the government of a foreign country under subsection 7b7 or 7c7 if the ,president determines and notifies the appropriate congressional committees that the government of the foreign country-- 7#a7 is no longer carrying out activities or transactions for which the sanctions were imposed2 and 7#b7 has provided assurances to the ,united ,states ,government that it will not carry out activities or transactions for which sanctions may be imposed under subsection 7b7 or 7c7 in the future4 7g7 ,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 7,a7 or 7,b7 of subsection 7a77#a7 that are carried out on or after such date of enactment4 #f4 ,exemptions relating to provision of humanitarian assistance 7a7 ,sanctions with respect to foreign persons and agencies and instrumentalities of foreign states ,the following activities shall be exempt from sanctions under section #d3 7#a7 ,the conduct or facilitation of a transaction for the sale of agricultural commodities1 food1 medicine1 or medical devices to a foreign person described in section #d7;a77#b74 7#b7 ,the provision of humanitarian assistance to a foreign person described in section #d7;a77#b71 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 purposes4 7b7 ,sanctions with respect to foreign governments ,the following activities shall be exempt from sanctions under section #e3 7#a7 ,the conduct or facilitation of a transaction for the sale of agricultural commodities1 food1 medicine1 or medical devices to ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof described in section #e7;a77#a74 7#b7 ,the provision of humanitarian assistance to ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof described in section #e7;a77#a71 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 purposes4 #g4 ,report on activities of foreign countries to disrupt global fundraising1 financing1 and money laundering activities of ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof 7a7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a report that includes-- 7,a7 a list of foreign countries that support ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof1 or in which ,hamas maintains important portions of its financial networks2 7,b7 with respect to each foreign country on the list required by subparagraph 7,a7-- 7i7 an assessment of whether the government of the country is taking adequate measures to freeze the assets of ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof within the territory of the country2 and 7ii7 in the case of a country the government of which is not taking adequate measures to freeze the assets of ,hamas-- 7,i7 an assessment of the reasons that government is not taking adequate measures to freeze those assets2 and 7,,ii7 a description of measures being taken by the ,united ,states ,government to encourage that government to freeze those assets2 7,c7 a list of foreign countries in which ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof1 conducts significant fundraising1 financing1 or money laundering activities2 7,d7 with respect to each foreign country on the list required by subparagraph 7,c7-- 7i7 an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising1 financing1 or money laundering activities of ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof within the territory of the country2 and 7ii7 in the case of a country the government of which is not taking adequate measures to disrupt those activities-- 7,i7 an assessment of the reasons that government is not taking adequate measures to disrupt those activities2 and 7,,ii7 a description of measures being taken by the ,united ,states ,government to encourage that government to improve measures to disrupt those activities2 and 7,e7 a list of foreign countries from which ,hamas1 the ,palestinian ,islamic ,jihad1 or any affiliate or successor thereof1 acquires surveillance equipment1 electronic monitoring equipment1 or other means to inhibit communication or political expression in ,gaza4 7#b7 ,form ,the report required by paragraph 7#a7 shall be submitted in unclassified form to the greatest extent possible and may contain a classified annex4 7b7 ,briefing ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter for the following #c years1 the ,secretary of ,state1 the ,secretary of the ,treasury1 and the heads of other applicable ,federal departments and agencies 7or their designees7 shall provide to the appropriate congressional committees a briefing on the disposition of the assets and activities of ,hamas1 the ,palestinian ,islamic ,jihad1 or any successor or affiliate thereof related to fundraising1 financing1 and money laundering worldwide4 7c7 ,definition ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,select ,committee on ,intelligence of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 #h4 ,miscellaneous provisions 7a7 ,rule of construction ,nothing in this ,act shall be construed to apply to the authorized intelligence activities of the ,united ,states4 7b7 ,regulatory authority ,the ,president shall1 not later than #ahj days after the date of the enactment of this ,act1 prescribe regulations as are necessary for the implementation of this ,act4 7c7 ,exception relating to importation of goods 7#a7 ,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 goods4 7#b7 ,good defined ,in this subsection1 the term good means any article1 natural or man-made substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7d7 ,termination ,this ,act shall terminate on the earlier of-- 7#a7 #cj days after the date on which the ,president certifies to the appropriate congressional committees that ,hamas and the ,palestinian ,islamic ,jihad1 or any successor or affiliate thereof-- 7,a7 are no longer designated as a foreign terrorist organization pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi72 7,b7 are no longer subject to sanctions pursuant to-- 7i7 ,executive ,order #abidg 7#ej ,u4,s4,c4 #agja note2 relating to prohibiting transactions with terrorists who threaten to disrupt the ,middle ,east peace process72 and 7ii7 ,executive ,order #acbbd 7#ej ,u4,s4,c4 #agja note2 relating to blocking property and prohibiting transactions with persons who commit1 threaten to commit1 or support terrorism72 and 7,c7 meet the criteria described in paragraphs 7#a7 through 7#d7 of section #i of the ,palestinian ,anti-,terrorism ,act of #bjjf 7,public ,law #aji-ddf2 #bb ,u4,s4,c4 #bcgh;b note72 or 7#b7 #c years after the date of the enactment of this ,act4 #i4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #ica et seq471 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4