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H.R. 1850 — what changed

Palestinian International Terrorism Support Prevention Act of 2019

From Introduced in House to Engrossed in House. 2 sections amended and 1 added between Introduced in House and Engrossed in House.

Sec. 4 Imposition of sanctions with respect to foreign governments that provide material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof

(a)
Identification—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that identifies the following:
(A)
Each government of a foreign country—
(i)
with respect to which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Control Reform Act of 2018, section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law; and
(ii)
with respect to which the President determines has provided direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof.
(B)
Each government of a foreign country that—
(i)
is not identified under subparagraph (A); and
(ii)
the President determines engaged in a significant transaction so as to contribute knowingly and materially to the efforts by the government of a foreign country described in subparagraph (A)(i) to provide direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof.
(2)
Form of report— Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(b)
Imposition of sanctions—
(1)
In general— The President shall impose the following sanctions with respect to each government of a foreign country identified pursuant to subparagraph (A) or (B) of subsection (a)(1):
(A)
changed The United States Government shall suspend, for a period of one 1 year, United States assistance to the government of the foreign country.
(B)
changed 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 1 year, the extension by such institution of any loan or financial or technical assistance to the government of the foreign country.
(C)
changed No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act (22 U.S.C. 2778)) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations, may be exported to the government of the foreign country for a period of one 1 year.
(2)
Exceptions— The President shall not be required to apply sanctions with respect to the government of a foreign country pursuant to paragraph (1)—
(A)
with respect to materials intended to be used by United States military or civilian personnel at military facilities in the country; or
(B)
if the application of such sanctions would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party.
(c)
Imposition of additional sanctions with respect to foreign governments identified under subsection (a)(1)(A)— The President shall impose the following additional sanctions with respect to each government of a foreign country identified pursuant to subsection (a)(1)(A):
(1)
The President shall, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the government of the foreign country has any interest.
(2)
The President shall, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between one or more financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the government of the foreign country.
(d)
Waiver—
(1)
In general— The President may waive, on a case by case basis and for a period of not more than 180 days, a requirement under subsection (b) or (c) to impose or maintain sanctions with respect to a foreign government identified pursuant to subparagraph (A) or (B) of subsection (a)(1) if the President—
(A)
determines that the waiver is in the national security interest of the United States; and
(B)
not less than 30 days before the waiver takes effect, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver.
(2)
Renewal of waiver— The President may, on a case by case basis, renew a waiver under paragraph (1) for additional periods of not more than 180 days if the President—
(A)
determines that the renewal of the waiver is in the national security interest of the United States; and
(B)
not less than 15 days before the waiver expires, submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver.
(e)
Rule of construction— The authority to impose sanctions under subsection (b) or (c) with respect to each government of a foreign country identified pursuant to subparagraph (A) or (B) of subsection (a)(1) is in addition to the authority to impose sanctions under any other provision of law with respect to governments of foreign countries that provide material support to foreign terrorist organizations designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
(f)
Termination— The President may terminate any sanctions imposed with respect to the government of a foreign country pursuant to 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 the activities or transactions in the future.
(g)
Effective date— This section shall take effect on the date of the enactment of this Act and apply with respect to activities and transactions described in subparagraph (A) or (B) of subsection (a)(1) that are carried out on or after such date of enactment.

Sec. 7 Miscellaneous provisions

(a)
Rule of construction— Nothing in this Act shall be construed to apply to the authorized intelligence activities of the United States.
(b)
Regulatory authority— The President shall, not later than 180 days after the date of the enactment of this Act, promulgate regulations as are necessary for the implementation of this Act.
(c)
added Exception relating to importation of goods—
(1)
added 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.
(2)
added Good defined— In this subsection, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(d)
renumbered was (4) Termination— This Act shall terminate beginning—
(1)
renumbered was (4)(3) 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)
renumbered was (4)(3)(2) 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)
renumbered was (4)(3)(3) are no longer subject to sanctions pursuant to—
(i)
added Executive Order No. 12947 (January 23, 1995; relating to prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process); and
(ii)
added Executive Order No. 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and
(i)
removed Executive Order 12947 (January 23, 1995; relating to prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process); and
(ii)
removed Executive Order 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and
(C)
renumbered was (4)(3)(4) meet the criteria described in paragraphs (1) through (4) of section 9 of the Palestinian Anti-Terrorism Act of 2006 (22 U.S.C. 2378b note); or
(2)
renumbered was (4)(4) 3 years after the date of the enactment of this Act,

Sec. 9 Determination of budgetary effects

added

added The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.