[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3342 Enrolled Bill (ENR)]
H.R.3342
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To impose sanctions with respect to foreign persons that are responsible
for using civilians as human shields, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sanctioning the Use of Civilians as
Defenseless Shields Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States to officially and
publicly condemn the use of innocent civilians as human shields.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT
ARE RESPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS.
(a) Imposition of Sanctions.--
(1) Mandatory sanctions.--The President shall impose sanctions
described in subsection (d) with respect to each person on the list
required under subsection (b).
(2) Permissive sanctions.--The President may impose sanctions
described in subsection (d) with respect to each person on the list
described in subsection (c).
(b) Mandatory Sanctions List.--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
list of the following:
(1) Each foreign person that the President determines, on or
after the date of the enactment of this Act--
(A) is a member of Hizballah or is knowingly acting on
behalf of Hizballah; 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) Each foreign person that the President determines, on or
after the date of the enactment of this Act--
(A) is a member of Hamas or is knowingly acting on behalf
of Hamas; 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.
(3) Each foreign person or agency or instrumentality of a
foreign state that the President determines, on or after the date
of the enactment of this Act, knowingly and materially supports,
orders, controls, directs, or otherwise engages in--
(A) any act described in subparagraph (B) of paragraph (1)
by a person described in that paragraph; or
(B) any act described in subparagraph (B) of paragraph (2)
by a person described in that paragraph.
(c) Permissive Sanctions List.--Not later than one year after the
date of the enactment of this Act, and annually thereafter, the
President should submit to the appropriate congressional committees a
list of each foreign person that the President determines, on or after
the date of the enactment of this Act, knowingly orders, controls, or
otherwise directs the use of civilians protected as such by the law of
war to shield military objectives from attack, excluding foreign
persons included in the most recent list under subsection (b).
(d) Sanctions Described.--The sanctions to be imposed on a foreign
person or an agency or instrumentality of a foreign state under this
subsection are the following:
(1) Blocking of property.--The President shall exercise all of
the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in property
and interests in property of the foreign person or agency or
instrumentality of a foreign state if such property or 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) Aliens ineligible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien who the
Secretary of State or the Secretary of Homeland Security
determines is subject to sanctions under subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(B) Current visas revoked.--Any visa or other documentation
issued to an alien who is subject to sanctions under subsection
(a), regardless of when such visa or other documentation was
issued, shall be revoked and such alien shall be denied
admission to the United States.
(C) Exception to comply with united nations headquarters
agreement and other international obligations.--The sanctions
under this paragraph shall not be imposed on an individual if
admitting such individual to the United States is necessary 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 with other
applicable international obligations.
(e) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person that knowingly violates,
attempts to violate, conspires to violate, or causes a violation of
regulations prescribed to carry out this section to the same extent
that such penalties apply to a person that knowingly commits an
unlawful act described in section 206(a) of such Act.
(f) Procedures for Judicial Review of Classified Information.--
(1) In general.--If a finding under this section, or a
prohibition, condition, or penalty imposed as a result of any such
finding, is based on classified information (as defined in section
1(a) of the Classified Information Procedures Act (18 U.S.C. App.))
and a court reviews the finding or the imposition of the
prohibition, condition, or penalty, the President may submit such
information to the court ex parte and in camera.
(2) Rule of construction.--Nothing in this subsection shall be
construed to confer or imply any right to judicial review of any
finding under this section or any prohibition, condition, or
penalty imposed as a result of any such finding.
(g) Waiver.--The President may waive the application of sanctions
under this section if the President determines and reports to the
appropriate congressional committees that such waiver is in the
national security interest of the United States.
(h) Regulatory Authority.--
(1) In general.--The President may exercise all authorities
under sections 203 and 205 of the International Emergency Economic
Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out
this section.
(2) Issuance of regulations.--Not later than 180 days after the
date of the enactment of this Act, the President shall prescribe
such regulations as may be necessary to implement this section.
(i) Rule of Construction.--Nothing in this section may be
construed--
(1) to limit the authorities of the President pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) or any other relevant provision of law; or
(2) to apply with respect to any activity subject to the
reporting requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence
activities of the United States.
SEC. 4. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien'' 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.--In this section, the
term ``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on the
Judiciary of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives.
(4) Foreign person.--The term ``foreign person'' means--
(A) any citizen or national of a foreign state, wherever
located; or
(B) any entity not organized solely under the laws of the
United States or existing solely in the United States.
(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 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.).
(6) Hizballah.--The term ``Hizballah'' means--
(A) the entity known as Hizballah 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
Hizballah 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.).
(7) United states person.--The term ``United States person''
means any United States citizen, permanent resident alien, entity
organized under the laws of the United States (including foreign
branches), or any person in the United States.
SEC. 5. SUNSET.
This Act shall cease to be effective on December 31, 2023.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.