[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4914 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4914
To impose sanctions against foreign persons and foreign governments in
response to certain clandestine attacks on United States personnel, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 2021
Mr. McCaul (for himself, Ms. Salazar, Mr. Wilson of South Carolina, Mr.
Meijer, Mr. Jackson, Mr. Mast, Mrs. Kim of California, Ms. Tenney, Mr.
Green of Tennessee, Ms. Malliotakis, Mr. Fitzpatrick, Mr. Kinzinger,
Mr. Chabot, Mr. Burchett, and Mr. Barr) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on the Judiciary, and Financial Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To impose sanctions against foreign persons and foreign governments in
response to certain clandestine attacks on United States personnel, 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 ``Havana Syndrome Attacks Response
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) United States personnel have suffered persistent brain
injuries after being targeted in attacks that have been
increasing in number, geographic location, and audacity.
(2) In December 2016, a number of United States Embassy
personnel in Havana, Cuba, began to experience the acute and
sudden onset of unusual symptoms, usually concurrent with the
perceived onset of a loud, directional noise, often accompanied
by pain in the ears or the head and a sensation of pressure or
vibration.
(3) Symptoms, which have been chronic for some personnel,
have included dizziness, hearing loss and tinnitus, vertigo,
cognitive and motor impairment, severe headaches, and insomnia.
(4) A panel of experts convened by the Department of
State's Bureau of Medical Services in July 2017 to review
triage assessments of medically evaluated personnel from the
United States Embassy in Havana came to consensus that the
findings were most likely related to neurotrauma from a
nonnatural source.
(5) On August 11, 2017, Secretary of State Rex Tillerson
characterized these episodes as ``health attacks'' against
United States personnel in Cuba.
(6) On September 29, 2017, the Department of State ordered
the departure of non-essential personnel from the United States
Embassy in Havana and issued a formal Cuba Travel Warning that
stated: ``Over the past several months, numerous U.S. Embassy
Havana employees have been targeted in specific attacks. These
employees have suffered significant injuries as a consequence
of these attacks.''.
(7) Other personnel at the United States Consulate in
Guangzhou, China, reported similar experiences beginning in
2017.
(8) A 2018 report, published in the Journal of the American
Medical Association, based on clinical evaluation of affected
personnel from United States Embassy, Havana, stated: ``These
individuals appeared to have sustained injury to widespread
brain networks without an associated history of head trauma.''.
(9) The number and locations of these attacks have
significantly expanded and, according to press reporting, as of
May 2021 there have been more than 130 possible cases that have
occurred in Asia, in Europe, and in the Western Hemisphere,
including within the United States.
(10) According to press reporting, these attacks have
occurred, among other places, at the homes of United States
personnel, at hotels, and on public streets, including in the
immediate vicinity of the White House, in Washington, DC.
(11) A 2020 report by the National Academy of Sciences
(NAS) found that ``many of the distinctive and acute signs,
symptoms, and observations reported by [affected] employees are
consistent with the effects of directed, pulsed radio frequency
(RF) energy'' and that ``directed pulsed RF energy . . .
appears to be the most plausible mechanism in explaining these
cases''.
(12) According to the NAS report, ``such a scenario raises
grave concerns about a world with disinhibited malevolent
actors and new tools for causing harm to others''.
(13) The continuing and expanding scope of these attacks
has become a serious security concern that is also undermining
the morale of United States personnel, especially those posted
at overseas diplomatic missions.
(14) Article 22 of the Vienna Convention on Diplomatic
Relations states that ``The receiving State is under a special
duty to take all appropriate steps to protect the premises of
[a foreign] mission against any intrusion or damage and to
prevent any disturbance of the peace of the mission or
impairment of its dignity.''.
(15) The Convention on the Prevention and Punishment of
Crimes against Internationally Protected Persons, including
Diplomatic Agents, to which 180 countries are a party, protects
diplomatic personnel from attacks on their persons,
accommodations, or means of transport, and requires all state
parties to punish and take measures to prevent such grave
crimes.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to detect, deter, and punish clandestine attacks that
cause persistent brain injury in United States personnel;
(2) to provide appropriate assistance to United States
personnel harmed by such attacks;
(3) to hold responsible any persons, entities, or
governments involved in ordering or carrying out such attacks,
including through appropriate sanctions and criminal
prosecutions;
(4) to prioritize research into effective countermeasures
to help protect United States personnel from such attacks; and
(5) to convey to foreign governments through official
contact at the highest levels the gravity of United States
concern about such attacks and the seriousness of consequences
that may follow should attacks continue.
SEC. 4. IMPOSITION OF SANCTIONS AGAINST FOREIGN PERSONS IN RESPONSE TO
CERTAIN CLANDESTINE ATTACKS ON UNITED STATES PERSONNEL.
(a) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (b) with respect to any foreign
person that the President determines, on or after the date of the
enactment of this Act, knowingly has directed or carried out
clandestine attacks on United States personnel that have resulted in
brain injury to those personnel.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President shall block, in
accordance with the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), all transactions in all property and
interests in property of any person subject to subsection (a)
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) Exclusion from the united states.--The Secretary of
State shall deny a visa to, and the Secretary of Homeland
Security shall exclude from the United States, any person
subject to subsection (a) that is an alien.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (b)(1) or any
regulation, license, or order issued to carry out that subsection 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) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section 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
for law enforcement activities.--Sanctions under subsection
(b)(2) 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; or
(B) to carry out or assist law enforcement activity
in the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements
to impose sanctions under this section 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.
(e) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(2) Knowingly.--The term ``knowingly'' has the meaning
given that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
(3) 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;
or
(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.
SEC. 5. IMPOSITION OF SANCTIONS AGAINST FOREIGN GOVERNMENTS IN RESPONSE
TO CERTAIN CLANDESTINE ATTACKS ON UNITED STATES
PERSONNEL.
(a) Presidential Determination.--Whenever persuasive information
becomes available to the executive branch indicating the substantial
possibility that the government of a foreign country has carried out
clandestine attacks on United States personnel that have resulted in
brain injury to such personnel, the President shall, within 60 days
after the receipt of such information by the executive branch,
determine and report to the appropriate congressional committees and
leadership whether that government has carried out clandestine attacks
on United States personnel that have resulted in brain injury to such
personnel.
(b) Imposition of Sanctions.--If at any time the President makes a
determination pursuant to subsection (a) that a foreign government has
carried out clandestine attacks on United States personnel that have
resulted in brain injury to such personnel, the President shall impose
the following sanctions:
(1) Foreign assistance.--The United States Government shall
terminate assistance to that country under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except for
urgent humanitarian assistance and food or other agricultural
commodities or products.
(2) Commercial exports.--The United States Government shall
restrict--
(A) exports, re-exports, and in-country transfers
of items to that country pursuant to the Export Control
Reform Act of 2018 (50 U.S.C. 4801 et seq.); and
(B) licenses for a significant range of goods,
software, and technology to that country subject to the
Export Administration Regulations.
(3) Arms sales.--The United States Government shall
terminate--
(A) sales to that country under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) of any defense
articles, defense services, or design and construction
services; and
(B) licenses for the export to that country of any
item on the United States Munitions List.
(4) Arms sales financing.--The United States Government
shall terminate all foreign military financing for that country
under the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(5) Denial of united states government credit or other
financial assistance.--The United States Government shall deny
to that country any credit, credit guarantees, or other
financial assistance by any department, agency, or
instrumentality of the United States Government, including the
Export-Import Bank of the United States.
(c) Removal of Sanctions.--The President shall remove the sanctions
imposed with respect to a country pursuant to this section if the
President determines and so certifies to the Congress, after the end of
the 12-month period beginning on the date on which sanctions were
initially imposed on that country pursuant to subsection (a), that--
(1) the government of that country has provided reliable
assurances that it will not conduct clandestine attacks on
United States personnel; and
(2) the executive branch does not have persuasive
information indicating the substantial possibility of a
clandestine attack on United States personnel that has resulted
in brain injury to such personnel during the preceding six
months.
(d) Definitions.--In this section:
(1) Export administration regulations.--The term ``Export
Administration Regulations'' means the regulations set forth in
subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
(2) United states munitions list.--The term ``United States
Munitions List'' means the list of items established and
maintained under section 38(a)(1) of the Arms Export Control
Act (22 U.S.C. 2778(a)(1)).
SEC. 6. BRIEFING AND REPORT TO CONGRESS.
(a) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the President shall provide the appropriate
congressional committees and leadership with a briefing covering the
contents described in subsection (c).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall provide the appropriate
congressional committees and leadership with a written report covering
the contents described in subsection (c), which may include a
classified annex.
(c) Contents Described.--The contents of the briefing and written
report described in this subsection include the following:
(1) The dates, numbers, and locations of suspected
clandestine attacks on United States personnel resulting in
brain injury.
(2) A description of the official roles and
responsibilities of United States personnel targeted in such
suspected attacks.
(3) Information and working hypotheses regarding the
identity of the perpetrators of any such attacks, including an
assessment of which foreign states and non-state actors may
have the technical capacity to carry out such attacks.
(4) Information and working hypotheses regarding the
technical method used to perpetrate such attacks.
(5) A description of the process and diagnostic criteria
used to screen and identify personnel affected by such
suspected attacks.
(6) Current advisories and other information provided to
United States personnel regarding such attacks, including any
information about how to recognize, react to, or protect
oneself from such attacks.
(7) A list of foreign persons, entities, or governments
sanctioned pursuant to or consistent with this Act.
(8) A list of the foreign states that have been demarched
regarding such attacks, including the date and the official
title of the United States official delivering, and the foreign
official receiving, any such demarche.
SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED.
In this Act, the term ``appropriate congressional committees and
leadership'' means--
(1) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Speaker, the majority
leader, and the minority leader of the House of
Representatives; and
(2) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the majority and minority
leaders of the Senate.
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