Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2024

Bill: 118-s-3874
Sponsor: full_name: Sen. Rubio, Marco [R-FL]
Introduced: 2024-03-05
Policy area: International Affairs
Subjects: Competitiveness, trade promotion, trade deficits

Congressional oversight

Foreign aid and international relief

Foreign and international banking

Foreign loans and debt

Foreign property

Fraud offenses and financial crimes

Gaza Strip

Licensing and registrations

Middle East

Military assistance, sales, and agreements

Multilateral development programs

Palestinians

Presidents and presidential powers, Vice Presidents

Sanctions

Terrorism

Trade restrictions

War and emergency powers
Latest action: action_date: 2024-05-07
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 376.

Summaries:

tv_txt: II Calendar No. 376 118th CONGRESS 2d Session S. 3874 IN THE SENATE OF THE UNITED STATES March 5, 2024 Mr. Rubio (for himself, Ms. Rosen , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations May 7, 2024 Reported by Mr. Cardin , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To impose sanctions with respect to foreign support for terrorist organizations in Gaza and the West Bank, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2024 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Statement of policy. Sec. 4. 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. Sec. 5. 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. Sec. 6. 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. Sec. 7. Miscellaneous provisions. Sec. 8. Determination of budgetary effects. 2. Definitions In this Act: (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) Agency or instrumentality of a foreign state 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. (3) 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 Representatives. (4) 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. (5) 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. (6) Person The term person means an individual or entity. (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; (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; or (C) a person in the United States. 3. 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; (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; and (3) to hold accountable Hamas, the Palestinian Islamic Jihad, and their international support networks for their attack against Israel on October 7, 2023. 4. 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) In general Not later than 180 days after the date of the enactment of this Act, the President shall impose the sanctions required under subsection (c) with respect to any foreign person and any agency or instrumentality of a foreign state that the President determines knowingly— (1) assists in, sponsors, or provides significant financial or material support for, or financial or other services to or in support of any person described in subsection (b); or (2) directly or indirectly, materially engages in a significant transaction with any person described in subsection (b). (b) Person described (1) In general A person described in this subsection 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 the Al-Aqsa Martyr’s Brigade, Lion’s Den, or any other entity that the President determines is part of the terrorist infrastructure in the West Bank and Gaza; (C) 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 any of the activities of, knowingly engage in a significant transaction with, or provide financial or material support for Hamas, the Palestinian Islamic Jihad, any affiliate or successor thereof, or any person described in subparagraph (A) or (B); or (D) knowingly provides or has provided material assistance, financial or material support, or goods or services that directly or indirectly supports the terrorist activities of any foreign person described in subparagraph (A) or (B). (2) Requirement To issue guidance Not later than 60 days after the date of the enactment of this Act, and not later than 180 days thereafter, the President shall issue regulations or other guidance to identify the persons described in this subsection. (c) Sanctions required (1) Foreign persons With respect to a foreign person subject to sanctions under subsection (a), the President shall 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 the foreign person 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. (2) Agencies or instrumentalities of a foreign state With respect to an agency or instrumentality of a foreign state subject to sanctions under subsection (a), the President shall impose 2 or more of 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 agency or instrumentality, 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 agency or instrumentality. (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 agency or instrumentality as a party to the license. (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, or successor regulations, to the agency or instrumentality, 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 agency or instrumentality, 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 (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 the agency or instrumentality 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) Congressional nomination determination with respect to foreign persons subject to sanctions Not later than 60 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person is subject to sanctions under subsection (a) pursuant to the criteria set forth in that subsection, the President shall— (1) determine if the person meets those criteria; and (2) submit a classified or unclassified report to such chairman and ranking member with respect to the determination under paragraph (1) that includes a statement of whether or not the President has imposed or intends to impose sanctions with respect to that person. (e) 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 7(b) to carry out paragraph (1) or (2)(F) of subsection (c) 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 paragraphs (1) and (2)(F) of subsection (c). (f) Exception The President shall not be required to impose sanctions under this section with respect to a foreign person or an agency or instrumentality of a foreign state if the President certifies in writing to the appropriate congressional committees that— (1) the foreign person or agency or instrumentality (as the case may be)— (A) is no longer carrying out activities or transactions subject to sanctions under this section; or (B) has taken and is continuing to take significant verifiable steps toward terminating activities or transactions subject to sanctions under this section; and (2) the President has received reliable assurances from the foreign person or agency or instrumentality (as the case may be) that it will not carry out any activities or transactions subject to sanctions under this section in the future. (g) 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 this section 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. (h) Rule of construction The authority to impose sanctions under this section with respect to a foreign person or an agency or instrumentality of a foreign state 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. (i) 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. 5. 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 that— (i) the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Control Reform 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) 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 knowingly engaged in a significant transaction that contributes 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 The President shall impose the following sanctions with respect to each government of a foreign country identified under subparagraph (A) or (B) of subsection (a)(1): (1) The United States Government shall suspend, for a period of one year, United States assistance to the government of the foreign country. (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 one year, the extension by that institution of any loan or financial or technical assistance to the government of the foreign country. (3) 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. (c) Imposition of additional sanctions with respect to certain foreign governments 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) Exceptions (1) Military use exception The President shall not be required to impose sanctions with respect to the government of a foreign country pursuant to subsection (b)— (A) with respect to materials intended to be used by military or civilian personnel of the Armed Forces of the United States 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. (2) Humanitarian exception The following activities shall be exempt from sanctions under this section: (A) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to a foreign government described in subsection (a) that is not otherwise subject to the export control laws of the United States. (B) The provision of humanitarian assistance to a foreign government described in subsection(a), 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. (e) 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. (3) Sunset The authority of the President under this subsection shall terminate on the date that is 2 years after the date of the enactment of this Act. (f) 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 ). (g) 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 is no longer carrying out activities or transactions for which the sanctions were imposed and has provided assurances to the United States Government that it will not carry out those activities or transactions in the future. (h) 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. 6. 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 committees of Congress 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 committees of Congress 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) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress 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. 7. Miscellaneous provisions (a) Rules of construction (1) Intelligence activities Nothing in this Act shall be construed to apply to the authorized intelligence activities of the United States. (2) Assistance to Palestinians Nothing in this Act shall be construed to prohibit the President from providing assistance that benefits Palestinians in the West Bank and Gaza if such assistance is consistent with authorities and requirements under other provisions of law, including section 1004(a) of the Taylor Force Act ( 22 U.S.C. 2378c–1(a) ) and sections 620K and 620L of the Foreign Assistance Act of 1961 (22 U.S.C. 2378b and 2378c). (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 Act. (c) Exceptions (1) 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 paragraph, 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. (2) Exception for approved humanitarian assistance No foreign person, agency or instrumentality of a foreign state, or government of a foreign country may be subject to sanctions under section (4)(c) or 5(b) with respect to the provision of humanitarian assistance to the West Bank and Gaza that was approved by the Secretary of State with the concurrence of the Secretary of the Treasury. (d) Termination This Act 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. 8. Determination of budgetary effects The budgetary effects of this Act, 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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

1. Short title; table of contents (a) Short title This Act may be cited as the Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2024 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Statement of policy. Sec. 4. 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. Sec. 5. 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. Sec. 6. 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. Sec. 7. Miscellaneous provisions. Sec. 8. Determination of budgetary effects. Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Statement of policy. Sec. 4. 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. Sec. 5. 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. Sec. 6. 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. Sec. 7. Modification and extension of Sanctioning the Use of Civilians as Defenseless Shields Act. Sec. 8. Confronting asymmetric and malicious cyber activities. Sec. 9. Sanctions with respect to threats to current or former United States officials. Sec. 10. Resources for sanctions implementation at the Department of State. Sec. 11. Report on impacts on the Islamic Republic of Iran of sanctions imposed by the United States. Sec. 12. Miscellaneous provisions. 2. Definitions In this Act: (1) Admitted; alien; lawfully admitted for permanent residence The terms admitted , alien , and lawfully admitted for permanent residence have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Agency or instrumentality of a foreign state 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. (3) 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 Representatives. (4) 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. (5) Hamas The term Hamas means— (A) the entity known as Hamas and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or (B) any person identified as an agent or instrumentality of Hamas on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). (6) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (7) Palestine islamic jihad The term Palestine Islamic Jihad means— (A) the entity known as Palestine Islamic Jihad and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or (B) any person identified as an agent or instrumentality of Palestine Islamic Jihad on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). (8) Person The term person means an individual or entity. (9) 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; (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; or (C) a person in the United States. 3. 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; (2) to oppose Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof from attempting to use the trade in and transport of goods, including medicine and dual-use items, to smuggle weapons and other materials to further acts of terrorism; (3) following the Hamas terror attacks of October 7, 2023, from Gaza against Israel— (A) to support the security of Israel from terrorism and other violent attacks emanating from Gaza; (B) to oppose the forcible displacement of Palestinians from Gaza; (C) to support the right of Palestinians displaced during the war to return to their homes; and (D) to oppose the reoccupation of Gaza by Israel; and (4) to hold accountable Hamas, the Palestinian Islamic Jihad, and their international support networks for their attack against Israel on October 7, 2023, and previous acts of international terrorism. 4. 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) In general Not later than 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (c) with respect to any foreign person and any agency or instrumentality of a foreign state that the President determines knowingly— (1) provides significant financial or material support to any person described in subsection (b); or (2) engages in a significant transaction with any person described in subsection (b). (b) Person described A person described in this subsection is a foreign person that the President determines— (1) is a senior member of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof; (2) is a senior member of the Al-Aqsa Martyr’s Brigade or any affiliate or successor thereof; (3) 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 any of the activities of, knowingly engage in a significant transaction with, or provide financial or material support for Hamas, the Palestinian Islamic Jihad, any affiliate or successor thereof, or any person described in paragraph (1) or (2); or (4) knowingly provides assistance or financial or material support that supports the terrorist activities of any foreign person described in paragraph (1), (2), or (3). (c) Sanctions described (1) Foreign persons With respect to a foreign person subject to sanctions under subsection (a), the President shall 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 the foreign person 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. (2) Agencies or instrumentalities of a foreign state With respect to an agency or instrumentality of a foreign state subject to sanctions under subsection (a), the President shall impose 2 or more of 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 agency or instrumentality, 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 agency or instrumentality. (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 agency or instrumentality as a party to the license. (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, or successor regulations, to the agency or instrumentality, 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 agency or instrumentality, 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 (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 the agency or instrumentality 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) Congressional requests with respect to foreign persons subject to sanctions Not later than 120 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person is subject to sanctions under subsection (a) pursuant to the criteria set forth in that subsection, the President shall— (1) determine if the person meets those criteria; and (2) submit a classified or unclassified report to such chairman and ranking member with respect to the determination under paragraph (1) that includes a statement of whether or not the President has imposed or intends to impose sanctions with respect to that person. (e) 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 12(b) to carry out paragraph (1) or (2)(F) of subsection (c) 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 paragraphs (1) and (2)(F) of subsection (c). (f) Exception The President shall not be required to impose sanctions under this section with respect to a foreign person or an agency or instrumentality of a foreign state if the President certifies in writing to the appropriate congressional committees that— (1) the foreign person or agency or instrumentality (as the case may be)— (A) is no longer carrying out activities or transactions subject to sanctions under this section; or (B) has taken and is continuing to take significant verifiable steps toward terminating activities or transactions subject to sanctions under this section; and (2) the President has received reliable assurances from the foreign person or agency or instrumentality (as the case may be) that it will not carry out any activities or transactions subject to sanctions under this section in the future. (g) Waiver The President may waive, on a case-by-case basis and for renewable periods of not more than 180 days, a requirement under this section to impose or maintain sanctions with respect to a foreign person or agency or instrumentality of a foreign state if the President— (1) determines that the waiver is in the national security interest of the United States; and (2) not less than 15 days before granting the waiver, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver. (h) Effective date This section shall take effect on the date that is 180 days after the date of 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. (i) Sunset This section 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. 5. 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 that— (i) the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Control Reform 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) 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 knowingly engaged in a significant transaction that contributes 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 The President shall impose the following sanctions with respect to each government of a foreign country identified under subparagraph (A) or (B) of subsection (a)(1): (1) The United States Government shall suspend, for a period of one year, United States assistance to the government of the foreign country. (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 one year, the extension by that institution of any loan or financial or technical assistance to the government of the foreign country. (3) 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. (c) Imposition of additional sanctions with respect to certain foreign governments 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) Military use exception The President shall not be required to impose sanctions with respect to the government of a foreign country pursuant to subsection (b)— (1) with respect to materials intended to be used by military or civilian personnel of the Armed Forces of the United States at military facilities in the country; or (2) 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 or otherwise would not further the national security interests of the United States. (e) Waiver The President may waive the application of sanctions under this section on a case-by-case basis and for renewable periods of not more than 180 days if the President— (1) determines that the waiver is in the national security interests of the United States; and (2) not less than 15 days before the granting of the waiver, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver. (f) Effective date This section shall take effect 180 days after 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. (g) Termination and sunset (1) Termination of sanctions 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 is no longer carrying out activities or transactions for which the sanctions were imposed and has provided assurances to the United States Government that it will not carry out those activities or transactions in the future. (2) Sunset This section shall terminate on the earlier of— (A) 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— (i) are no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); (ii) 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 (iii) 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 (B) 2 years after the date of the enactment of this Act. 6. 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 committees of Congress a report that includes— (A) a list of foreign countries that provide significant financial support for Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or in which Hamas maintains significant 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 measures to restrict or block access to 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 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 measures to disrupt known 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 measures to disrupt those activities— (I) an assessment of the reasons that government is not taking 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 committees of Congress 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) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress 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. 7. Modification and extension of Sanctioning the Use of Civilians as Defenseless Shields Act (a) In general Section 3 of the Sanctioning the Use of Civilians as Defenseless Shields Act ( Public Law 115–348 ; 50 U.S.C. 1701 note) is amended— (1) in subsection (b)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following: (3) Each foreign person that the President determines, on or after the date of the enactment of the Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2024 — (A) is a member of Palestine Islamic Jihad or is knowingly acting on behalf of Palestine Islamic Jihad; and (B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. ; (2) by redesignating subsections (e), (f), (g), (h), and (i) as subsections (f), (g), (h), (i), and (j), respectively; and (3) by inserting after subsection (d) the following: (e) Congressional requests Not later than 120 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria of a person described in subsection (b) or (c), the President shall— (1) determine if the person meets such criteria; and (2) submit a written justification to the chairman and ranking member detailing whether or not the President imposed or intends to impose sanctions described in subsection (b) or (c) with respect to such person. . (b) Definitions Section 4 of the Sanctioning the Use of Civilians as Defenseless Shields Act ( Public Law 115–348 ; 50 U.S.C. 1701 note) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: (7) Palestine islamic jihad The term Palestine Islamic Jihad means— (A) the entity known as Palestine Islamic Jihad and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or (B) any person identified as an agent or instrumentality of Palestine Islamic Jihad on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). . (c) Sunset Section 5 of the Sanctioning the Use of Civilians as Defenseless Shields Act ( Public Law 115–348 ; 50 U.S.C. 1701 note) is amended by striking December 31, 2023 and inserting December 31, 2030 . 8. Confronting asymmetric and malicious cyber activities (a) In general On and after the date that is 180 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection (b) with respect to any foreign person that the President determines, on or after such date of enactment— (1) is responsible for or complicit in, or has engaged knowingly in, significant cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States; (2) materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in this subsection or any person whose property and interests in property are blocked pursuant to this section; (3) is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section; or (4) has attempted to engage in any of the activities described in paragraph (1), (2), or (3). (b) Sanctions described The sanctions described in this subsection are the following: (1) Inadmissibility to United States In the case of an alien— (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of the visa or other documentation. (2) Blocking of property The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), of all transactions in all property and interests in property of a foreign person 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. (c) Requests by appropriate congressional committees (1) In general Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall— (A) determine if that person has engaged in such an activity; and (B) submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes— (i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; (ii) if the President imposed or intends to impose sanctions, a description of those sanctions; and (iii) if the President does not intend to impose sanctions, a description of actions that meet the threshold for the President to impose sanctions. (2) Requirements A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees. 9. Sanctions with respect to threats to current or former United States officials (a) In general On and after the date that is 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines has, on or after such date of enactment, ordered, directed, or taken material steps to carry out any use of violence or has attempted or threatened to use violence against any current or former official of the Government of the United States. (b) Sanctions described The sanctions described in this subsection are the following: (1) Inadmissibility to United States In the case of a foreign person who is an individual— (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of the visa or other documentation. (2) Blocking of property The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), of all transactions in all property and interests in property of a foreign person 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. (c) Enforcement of blocking of property A person that violates, attempts to violate, conspires to violate, or causes a violation of a sanction described in subsection (b)(2) that is imposed by the President or any regulation, license, or order issued to carry out such a sanction shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Waiver (1) In general The President may waive the application of sanctions under this section for renewable periods not to exceed 180 days if the President— (A) determines that such a waiver is in the vital national security interests of the United States; and (B) not less than 15 days before the granting of the waiver, submits to the appropriate congressional committees a notice of and justification for the waiver. (e) Termination and sunset (1) Termination of sanctions The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— (A) credible information exists that the person did not engage in the activity for which sanctions were imposed; (B) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or (C) the termination of the sanctions is in the vital national security interests of the United States. (2) Sunset The requirement to impose sanctions under this section shall terminate on the date that is 4 years after the date of the enactment of this Act. 10. Resources for sanctions implementation at the Department of State (a) Sense of Congress It is the sense of Congress that sanctions are a vital foreign policy and national security tool, and as such, it is critical that the Department of State and other agencies with responsibilities relating to sanctions across the executive branch— (1) are fully staffed, including through the prompt confirmation by the Senate of a qualified head of the Office of Sanctions Coordination of the Department of State; and (2) have the resources and infrastructure necessary for the successful development and implementation of sanctions. (b) Increasing resources and improving modernization for sanctions implementation The Secretary of State shall take steps to modernize the sanctions infrastructure and increase resources dedicated to implementing sanctions, including by— (1) ensuring the Department of State has necessary subscriptions and access to open-source databases for purposes of making determinations to support the designation of persons for the imposition of sanctions; (2) equipping bureaus involved in drafting and reviewing evidentiary packages to support such designations with sufficient technical resources to do so, including an adequate number of workstations that can be used to review classified information; and (3) increasing the number of personnel dedicated to making and reviewing such designations. (c) Report on modernizations efforts Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report describing steps the Department of State is taking to address challenges in the ability of the Department to support the designation of persons for the imposition of sanctions. (d) Authorization of appropriation There is authorized to be appropriated to the Secretary of State for fiscal year 2025 $15,000,000 to carry out this section. 11. Report on impacts on the Islamic Republic of Iran of sanctions imposed by the United States (a) In general Not later than 90 days after the date of the enactment this Act, the Secretary of State, in consultation with the Secretary of the Treasury and drawing on subject-matter experts including economists and statisticians from the Department of State and the Department of the Treasury, shall submit to the appropriate congressional committees a report on the impacts on the Islamic Republic of Iran of sanctions imposed by the United States. (b) Elements The report required by subsection (a) shall include an assessment of the following: (1) The impact of sanctions imposed by the United States on the following: (A) Problematic activities and policies of the Islamic Republic of Iran, including ballistic missile development, proliferation of Iranian drones and missiles to state and non-state actors, uranium enrichment, and funding of terrorist groups in the Axis of Resistance , and how sanctions have meaningfully impacted the ability of such groups to operate. (B) Key officials of the Iranian regime, including their access to alternative financial markets, their standard of living, and impacts to their personal wealth. (C) The operations of independent civil society organizations in Iran, including the ability of such organizations to access products that would allow them to document and share human rights abuses, promote democratic norms, and engage in political dissent. (D) The efficacy of licensing actions aimed at ensuring the people of Iran have access to circumvention technologies around Iranian regime firewalls and censors to promote internet freedom, including General License D-2 of the Department of the Treasury. (E) The standard of living of the people of Iran, including— (i) the impact on the purchasing power of the people of Iran and their ability to afford and acquire food and medicine; and (ii) changes in the size of the working and middle classes in Iran, including impacts to the poverty rate in Iran. (F) The growth of unofficial economies controlled by officials of the Iranian regime and members of the Islamic Revolutionary Guard Corps. (2) What industries in Iran remain unaffected by such sanctions. 12. Miscellaneous provisions (a) Rules of construction (1) Rule of construction on assistance to Palestinians Nothing in this Act shall be construed to prohibit the President from providing assistance that benefits Palestinians in the West Bank and Gaza in a manner consistent with United States law, including section 1004(a) of the Taylor Force Act ( 22 U.S.C. 2378c–1(a) ) and sections 620K and 620L of the Foreign Assistance Act of 1961 (22 U.S.C. 2378b and 2378c). (2) Rule of construction on availability of existing authorities Nothing in this Act shall be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization. (b) Regulatory authority The President may, not later than 180 days after the date of the enactment of this Act, prescribe regulations as are necessary for the implementation of this Act. (c) Exceptions (1) Exception relating to intelligence activities Sanctions under this Act shall not apply 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. (2) Exception to comply with international obligations and law enforcement activities Sanctions under this Act shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist authorized law enforcement activity in the United States. (3) Exception relating to importation of goods (A) In general The requirement to block and prohibit all transactions in all property and interests in property under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, 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. (4) Humanitarian assistance (A) In general Sanctions under this Act shall not apply to— (i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or (ii) transactions that are necessary for or related to the activities described in clause (i). (B) Definitions In this paragraph: (i) Agricultural commodity The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). (ii) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (iii) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (5) Report on exceptions Not later than one year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that describes each activity that would be subject to sanctions under this Act if not excepted pursuant to paragraph (1) or (2).

May 7, 2024 Reported with an amendment

tv_txt: II 118th CONGRESS 2d Session S. 3874 IN THE SENATE OF THE UNITED STATES March 5, 2024 Mr. Rubio (for himself and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to foreign support for terrorist organizations in Gaza and the West Bank, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2024 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Statement of policy. Sec. 4. 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. Sec. 5. 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. Sec. 6. 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. Sec. 7. Miscellaneous provisions. Sec. 8. Determination of budgetary effects. 2. Definitions In this Act: (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) Agency or instrumentality of a foreign state 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. (3) 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 Representatives. (4) 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. (5) 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. (6) Person The term person means an individual or entity. (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; (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; or (C) a person in the United States. 3. 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; (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; and (3) to hold accountable Hamas, the Palestinian Islamic Jihad, and their international support networks for their attack against Israel on October 7, 2023. 4. 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) In general Not later than 180 days after the date of the enactment of this Act, the President shall impose the sanctions required under subsection (c) with respect to any foreign person and any agency or instrumentality of a foreign state that the President determines knowingly— (1) assists in, sponsors, or provides significant financial or material support for, or financial or other services to or in support of any person described in subsection (b); or (2) directly or indirectly, materially engages in a significant transaction with any person described in subsection (b). (b) Person described (1) In general A person described in this subsection 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 the Al-Aqsa Martyr’s Brigade, Lion’s Den, or any other entity that the President determines is part of the terrorist infrastructure in the West Bank and Gaza; (C) 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 any of the activities of, knowingly engage in a significant transaction with, or provide financial or material support for Hamas, the Palestinian Islamic Jihad, any affiliate or successor thereof, or any person described in subparagraph (A) or (B); or (D) knowingly provides or has provided material assistance, financial or material support, or goods or services that directly or indirectly supports the terrorist activities of any foreign person described in subparagraph (A) or (B). (2) Requirement To issue guidance Not later than 60 days after the date of the enactment of this Act, and not later than 180 days thereafter, the President shall issue regulations or other guidance to identify the persons described in this subsection. (c) Sanctions required (1) Foreign persons With respect to a foreign person subject to sanctions under subsection (a), the President shall 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 the foreign person 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. (2) Agencies or instrumentalities of a foreign state With respect to an agency or instrumentality of a foreign state subject to sanctions under subsection (a), the President shall impose 2 or more of 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 agency or instrumentality, 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 agency or instrumentality. (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 agency or instrumentality as a party to the license. (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, or successor regulations, to the agency or instrumentality, 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 agency or instrumentality, 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 (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 the agency or instrumentality 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) Congressional nomination determination with respect to foreign persons subject to sanctions Not later than 60 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person is subject to sanctions under subsection (a) pursuant to the criteria set forth in that subsection, the President shall— (1) determine if the person meets those criteria; and (2) submit a classified or unclassified report to such chairman and ranking member with respect to the determination under paragraph (1) that includes a statement of whether or not the President has imposed or intends to impose sanctions with respect to that person. (e) 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 7(b) to carry out paragraph (1) or (2)(F) of subsection (c) 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 paragraphs (1) and (2)(F) of subsection (c). (f) Exception The President shall not be required to impose sanctions under this section with respect to a foreign person or an agency or instrumentality of a foreign state if the President certifies in writing to the appropriate congressional committees that— (1) the foreign person or agency or instrumentality (as the case may be)— (A) is no longer carrying out activities or transactions subject to sanctions under this section; or (B) has taken and is continuing to take significant verifiable steps toward terminating activities or transactions subject to sanctions under this section; and (2) the President has received reliable assurances from the foreign person or agency or instrumentality (as the case may be) that it will not carry out any activities or transactions subject to sanctions under this section in the future. (g) 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 this section 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. (h) Rule of construction The authority to impose sanctions under this section with respect to a foreign person or an agency or instrumentality of a foreign state 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. (i) 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. 5. 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 that— (i) the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Control Reform 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) 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 knowingly engaged in a significant transaction that contributes 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 The President shall impose the following sanctions with respect to each government of a foreign country identified under subparagraph (A) or (B) of subsection (a)(1): (1) The United States Government shall suspend, for a period of one year, United States assistance to the government of the foreign country. (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 one year, the extension by that institution of any loan or financial or technical assistance to the government of the foreign country. (3) 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. (c) Imposition of additional sanctions with respect to certain foreign governments 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) Exceptions (1) Military use exception The President shall not be required to impose sanctions with respect to the government of a foreign country pursuant to subsection (b)— (A) with respect to materials intended to be used by military or civilian personnel of the Armed Forces of the United States 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. (2) Humanitarian exception The following activities shall be exempt from sanctions under this section: (A) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to a foreign government described in subsection (a) that is not otherwise subject to the export control laws of the United States. (B) The provision of humanitarian assistance to a foreign government described in subsection(a), 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. (e) 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. (3) Sunset The authority of the President under this subsection shall terminate on the date that is 2 years after the date of the enactment of this Act. (f) 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 ). (g) 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 is no longer carrying out activities or transactions for which the sanctions were imposed and has provided assurances to the United States Government that it will not carry out those activities or transactions in the future. (h) 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. 6. 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 committees of Congress 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 committees of Congress 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) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress 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. 7. Miscellaneous provisions (a) Rules of construction (1) Intelligence activities Nothing in this Act shall be construed to apply to the authorized intelligence activities of the United States. (2) Assistance to Palestinians Nothing in this Act shall be construed to prohibit the President from providing assistance that benefits Palestinians in the West Bank and Gaza if such assistance is consistent with authorities and requirements under other provisions of law, including section 1004(a) of the Taylor Force Act ( 22 U.S.C. 2378c–1(a) ) and sections 620K and 620L of the Foreign Assistance Act of 1961 (22 U.S.C. 2378b and 2378c). (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 Act. (c) Exceptions (1) 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 paragraph, 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. (2) Exception for approved humanitarian assistance No foreign person, agency or instrumentality of a foreign state, or government of a foreign country may be subject to sanctions under section (4)(c) or 5(b) with respect to the provision of humanitarian assistance to the West Bank and Gaza that was approved by the Secretary of State with the concurrence of the Secretary of the Treasury. (d) Termination This Act 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. 8. Determination of budgetary effects The budgetary effects of this Act, 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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.