[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3257 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 618
115th CONGRESS
  2d Session
                                S. 3257

    To impose sanctions on foreign persons responsible for serious 
 violations of international law regarding the protection of civilians 
             during armed conflict, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2018

 Mr. Cruz (for himself, Mr. Donnelly, Mr. Cornyn, Mr. Blumenthal, Mr. 
 Scott, Mr. Markey, Mr. Rubio, Mr. Perdue, Mr. Cotton, Mr. Crapo, Mr. 
 Wicker, Ms. Collins, Mrs. Hyde-Smith, Mr. Barrasso, Mr. Boozman, Mr. 
 Gardner, Mr. Hatch, Mr. Heller, Mr. Manchin, Mr. Young, Mr. Kennedy, 
   Mrs. Capito, Mr. Moran, Mr. Grassley, Ms. Baldwin, Mr. Blunt, Mr. 
Cassidy, Mrs. Ernst, Mr. Graham, Mr. Inhofe, Mr. King, Mr. Tillis, Mrs. 
Fischer, Ms. Cantwell, Mr. Sullivan, Mr. Risch, Mr. Toomey, Mr. Casey, 
Mr. Hoeven, Mr. Murphy, Mr. Warner, Mr. Portman, Mr. Kaine, Mr. Cardin, 
Mr. Thune, Mr. Menendez, and Mr. Coons) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

            October 3 (legislative day, September 28), 2018

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To impose sanctions on foreign persons responsible for serious 
 violations of international law regarding the protection of civilians 
             during armed conflict, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Sanction Terrorist 
Operations Using Human Shields Act of 2018'' or the ``STOP Using Human 
Shields Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) The international law of armed conflict 
        prohibits, during any armed conflict--</DELETED>
                <DELETED>    (A) the exploitation of the presence or 
                movement of civilians in an effort to impede attack on 
                or otherwise shield lawful targets;</DELETED>
                <DELETED>    (B) exposing prisoners of war, other 
                detainees, the wounded and sick, or other individuals 
                subject to special protection under international law, 
                to unnecessary risks resulting from the conduct of 
                hostilities;</DELETED>
                <DELETED>    (C) using such persons to impede attack on 
                or otherwise shield lawful targets; and</DELETED>
                <DELETED>    (D) deliberately causing the injury or 
                death of such persons.</DELETED>
        <DELETED>    (2) Violating these prohibitions regarding 
        civilians and other specially protected persons is known as the 
        use of ``human shields'' and is a serious violation of 
        international law subjecting those responsible to individual 
        criminal liability.</DELETED>
        <DELETED>    (3) The international law of armed conflict also 
        prohibits exposing property subject to special protection under 
        international law to unnecessary risks resulting from the 
        conduct of hostilities, including a prohibition against using 
        such property to impede attack on or otherwise shield lawful 
        targets from attack or to deliberately cause destruction of 
        such property. Such use of specially protected property is a 
        serious violation of international law, subjecting those 
        responsible to individual criminal responsibility.</DELETED>
        <DELETED>    (4) Every party to an armed conflict is prohibited 
        under international law from using human shields in an attempt 
        to cause law-abiding armed forces to forgo attacks on otherwise 
        lawful targets.</DELETED>
        <DELETED>    (5) When law-abiding armed forces do attack in 
        such situations, the party using human shields frequently hopes 
        to discredit the law-abiding opponent by blaming the opponent 
        for civilian casualties, which are in fact attributable to the 
        unlawful use of human shields.</DELETED>
        <DELETED>    (6) Terrorist groups routinely use human shields 
        to force law-abiding opponents to conduct attacks in 
        circumstances where civilian casualties become unavoidable. 
        While this unlawful tactic in no way absolves an attacking 
        force from its obligations to do everything feasible to 
        mitigate the risk of such casualties, such illegal tactics 
        inevitably influence the efficacy of feasible 
        precautions.</DELETED>
        <DELETED>    (7) In accordance with the proportionality rule, 
        an assessment of the legality of attack indicates that these 
        terrorist groups bear responsibility for such casualties when 
        such attack is otherwise legally permissible.</DELETED>
        <DELETED>    (8) Hizballah, designated by the Secretary of 
        State as a foreign terrorist organization, has repeatedly used 
        human shields. Throughout its 2006 conflict with Israel, 
        Hizballah forces purposefully used civilians in an effort to 
        shield themselves against attacks by Israeli forces, including 
        by storing weapons inside civilian homes and launching attacks 
        from firing positions in areas of dense civilian population, 
        often in or near homes, schools, mosques or hospitals, in order 
        to shield such positions from attack.</DELETED>
        <DELETED>    (9) Hizballah has since rearmed and built up an 
        arsenal of some 150,000 rockets and missiles, in addition to 
        other destabilizing weapons, provided by the Iranian and Syrian 
        governments. These weapons, as well as Hizballah command posts, 
        logistics depots, and other vital military assets, are often 
        concealed in Shiite villages in southern Lebanon, frequently 
        within or near homes, hospitals, schools, and 
        mosques.</DELETED>
        <DELETED>    (10) Hamas, also designated by the Secretary of 
        State as a foreign terrorist organization, has also repeatedly 
        used human shields. Hamas routinely and purposefully uses 
        civilians and the civilian population to shield military assets 
        from attack, including by launching attacks from firing 
        positions in areas of dense civilian population, often in or 
        near schools, mosques, or hospitals, in order to shield such 
        positions from attack.</DELETED>
        <DELETED>    (11) Other unlawful Hamas tactics include 
        discouraging Palestinian civilians from heeding Israeli 
        warnings, instructing Palestinian civilians to remain in their 
        homes, and encouraging or forcing Palestinian civilians to 
        gather on the roofs of their homes to act as human shields. In 
        June 2017 and again in October 2017, the United Nations Relief 
        and Works Agency announced that it had discovered Hamas tunnels 
        under its schools in the Gaza Strip.</DELETED>
        <DELETED>    (12) On December 10, 2014, the 113th Congress 
        unanimously adopted H. Con. Res. 107, a bicameral and 
        bipartisan resolution in which Congress ``strongly condemns the 
        use of innocent civilians as human shields'', ``calls on the 
        international community to recognize and condemn Hamas' use of 
        human shields'', ``places responsibility for the rocket attacks 
        against Israel on Hamas and other terrorist organizations, such 
        as Palestine Islamic Jihad'', and ``supports the sovereign 
        right of the Government of Israel to defend its territory and 
        its citizens from Hamas' rocket attacks, kidnapping attempts, 
        and the use of tunnels and other means to carry out attacks 
        against Israel''.</DELETED>
        <DELETED>    (13) In addition to Hizballah and Hamas, other 
        groups designated by the Secretary of State as foreign 
        terrorist organizations, including the Islamic State, 
        Palestinian Islamic Jihad, Boko Haram, Al-Shabaab, and al 
        Qai'da, have repeatedly used similar human shield tactics in 
        violation of international law.</DELETED>
        <DELETED>    (14) The international community has routinely 
        failed to hold terrorist organizations and their personnel 
        accountable for the use of human shields. In addition, unlike 
        many state actors, there is no indication that terrorist 
        organizations possess the capability or the will to investigate 
        and prosecute their members for the use of human shields (or 
        indeed any other war crimes). Instead, many terrorist 
        organizations routinely use human shields as a deliberate 
        tactic during armed conflict, reflecting a complete disregard 
        for the obligations established by international law to 
        mitigate the risk to civilians.</DELETED>
        <DELETED>    (15) Absent appropriate and consistent 
        international, national, and public condemnation and 
        enforcement of the prohibitions against using human shields, 
        terrorist organizations will likely continue to engage in such 
        criminal exploitation of civilians during armed 
        conflicts.</DELETED>

<DELETED>SEC. 3. STATEMENT OF POLICY.</DELETED>

<DELETED>    It shall be the policy of the United States to--</DELETED>
        <DELETED>    (1) officially and publicly condemn terrorist 
        organizations and others that violate the international law of 
        armed conflict by exploiting civilians, other persons specially 
        protected by international law, or specially protected 
        property, in order to impede attack on or otherwise shield 
        lawful targets from attack, deliberately cause injury or death 
        to civilians or other specially protected persons, or destroy 
        specially protected property; and</DELETED>
        <DELETED>    (2) take effective action against those knowingly 
        engaging in, encouraging, supporting, ordering, controlling, 
        directing, facilitating, enabling, or otherwise being complicit 
        in such violations of international law or attempts to commit 
        such violations.</DELETED>

<DELETED>SEC. 4. UNITED NATIONS SECURITY COUNCIL.</DELETED>

<DELETED>    The President should direct the United States Permanent 
Representative to the United Nations to use the voice, vote, and 
influence of the United States at the United Nations Security Council 
to secure support for a resolution that would--</DELETED>
        <DELETED>    (1) emphasize that the law of armed conflict 
        imposes an obligation on all parties to any armed conflict, 
        including non-state organized armed groups, of 
        compliance;</DELETED>
        <DELETED>    (2) condemn the use of human shields and reinforce 
        that such use is a violation of international law;</DELETED>
        <DELETED>    (3) impose multilateral sanctions against 
        terrorist organizations for the use of human shields;</DELETED>
        <DELETED>    (4) require member states of the United Nations to 
        take specific steps to prevent the use of human shields and 
        impose consequences on those who use, attempt to use, or 
        encourage or support the use of human shields;</DELETED>
        <DELETED>    (5) require organizations and agencies of the 
        United Nations to track and report the use of human shields in 
        monitored conflicts; and</DELETED>
        <DELETED>    (6) specify steps to prevent, and consequences 
        for, the use of United Nations personnel or facilities as human 
        shields.</DELETED>

<DELETED>SEC. 5. SANCTIONS ON FOREIGN PERSONS RESPONSIBLE FOR SERIOUS 
              VIOLATIONS OF INTERNATIONAL LAW REGARDING THE PROTECTION 
              OF CIVILIANS DURING ARMED CONFLICT.</DELETED>

<DELETED>    (a) In General.--The President shall impose the sanctions 
described in subsection (c) with respect to each person on the list 
required under subsection (b).</DELETED>
<DELETED>    (b) List.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall transmit 
        to the appropriate congressional committees a list of the 
        following:</DELETED>
                <DELETED>    (A) Each foreign person that the President 
                determines, based on credible evidence--</DELETED>
                        <DELETED>    (i) is a member of a group 
                        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), including Hamas or 
                        Hizballah, or is acting on behalf of such a 
                        group; and</DELETED>
                        <DELETED>    (ii) knowingly encouraged, 
                        ordered, controlled, or otherwise directed or 
                        was complicit in, any attempt to use civilians 
                        or other persons specially protected by 
                        international law, or property specially 
                        protected by international law, to shield 
                        lawful targets from attack or to deliberately 
                        cause casualties to civilians or other 
                        specially protected persons or destruction to 
                        specially protected property.</DELETED>
                <DELETED>    (B) Each foreign person, or each agency or 
                instrumentality of a foreign state, that the President 
                determines has knowingly, on or after the date of the 
                enactment of this Act--</DELETED>
                        <DELETED>    (i) encouraged, supported, 
                        ordered, controlled, directed, or significantly 
                        facilitated, directly or indirectly, or 
                        otherwise been complicit in any act described 
                        in subparagraph (A)(ii) by a person listed 
                        pursuant to such subparagraph; or</DELETED>
                        <DELETED>    (ii) attempted to encourage, 
                        support, order, control, direct, significantly 
                        facilitate, or otherwise be complicit in any 
                        such act by any person so listed.</DELETED>
        <DELETED>    (2) Updates.--The President shall transmit to the 
        appropriate congressional committees an update of the list 
        required under paragraph (1) as new information becomes 
        available.</DELETED>
<DELETED>    (c) Sanctions Described.--The sanctions described in this 
subsection are the following:</DELETED>
        <DELETED>    (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 a foreign 
        person or agency or instrumentality of a foreign state on the 
        list required by subsection (b) 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.</DELETED>
        <DELETED>    (2) Aliens ineligible for visas, admission, or 
        parole.--</DELETED>
                <DELETED>    (A) Visas, admission, or parole.--An alien 
                who the Secretary of State or the Secretary of Homeland 
                Security (or a designee of either such Secretary) 
                determines is a foreign person on the list required 
                under subsection (b) is--</DELETED>
                        <DELETED>    (i) inadmissible to the United 
                        States;</DELETED>
                        <DELETED>    (ii) ineligible to receive a visa 
                        or other documentation to enter the United 
                        States; and</DELETED>
                        <DELETED>    (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.).</DELETED>
                <DELETED>    (B) Current visas revoked.--</DELETED>
                        <DELETED>    (i) In general.--Any visa or other 
                        documentation issued to an alien who is a 
                        foreign person on the list required under 
                        subsection (b), regardless of when such visa or 
                        other documentation was issued, shall be 
                        revoked and such alien shall be denied 
                        admission to the United States.</DELETED>
                        <DELETED>    (ii) Effect of revocation.--A 
                        revocation under clause (i)--</DELETED>
                                <DELETED>    (I) shall take effect 
                                immediately; and</DELETED>
                                <DELETED>    (II) shall automatically 
                                cancel any other valid visa or 
                                documentation that is in the possession 
                                of the alien who is the subject of such 
                                revocation.</DELETED>
                <DELETED>    (C) Exception to comply with united 
                nations headquarters agreement.--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 agreements.</DELETED>
<DELETED>    (d) Waiver.--The President may, on a case-by-case basis, 
waive the application of a sanction under this section with respect to 
a person or an agency or instrumentality of a foreign state for periods 
not longer than 180 days if the President certifies to the appropriate 
congressional committees that such waiver is in the national security 
interest of the United States.</DELETED>
<DELETED>    (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 any person that violates, 
attempts to violate, conspires to violate, or causes a violation of any 
regulation promulgated to carry out this section to the same extent 
that such penalties apply to a person that commits an unlawful act 
described in section 206(a) of such Act.</DELETED>
<DELETED>    (f) Regulations.--</DELETED>
        <DELETED>    (1) In general.--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 this 
        section.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Rule of Construction.--Nothing in this section may be 
construed--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this Act shall be construed as an authorization 
of the use of force.</DELETED>

<DELETED>SEC. 7. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Admitted; alien.--The terms ``admitted'' and 
        ``alien'' have the meanings given such terms in section 101 of 
        the Immigration and Nationality Act (8 U.S.C. 1101).</DELETED>
        <DELETED>    (2) Agency or instrumentality of a foreign 
        state.--The term ``agency or instrumentality of a foreign 
        state'' has the meaning given such term in section 1603(b) of 
        title 28, United States Code.</DELETED>
        <DELETED>    (3) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Financial Services, 
                the Committee on Ways and Means, and the Committee on 
                Foreign Affairs of the House of Representatives; 
                and</DELETED>
                <DELETED>    (B) the Committee on Banking, Housing, and 
                Urban Affairs and the Committee on Foreign Relations of 
                the Senate.</DELETED>
        <DELETED>    (4) Foreign person.--The term ``foreign person'' 
        has the meaning given such term in section 594.304 of title 31, 
        Code of Federal Regulations, as in effect on the date of the 
        enactment of this Act.</DELETED>
        <DELETED>    (5) United states person.--The term ``United 
        States person'' has the meaning given such term in section 
        594.315 of title 31, Code of Federal Regulations, as in effect 
        on the date of the enactment of this Act.</DELETED>

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.
                                                       Calendar No. 618

115th CONGRESS

  2d Session

                                S. 3257

_______________________________________________________________________

                                 A BILL

    To impose sanctions on foreign persons responsible for serious 
 violations of international law regarding the protection of civilians 
             during armed conflict, and for other purposes.

_______________________________________________________________________

            October 3 (legislative day, September 28), 2018

                       Reported with an amendment