[Congressional Record Volume 164, Number 166 (Friday, October 5, 2018)]
[Senate]
[Pages S6631-S6632]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4046. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 3342, to impose sanctions on foreign persons that 
are responsible for gross violations of internationally recognized 
human rights by reason of the use by Hizballah of civilians as human 
shields, and for other purposes; which was referred to the Committee on 
Foreign Relations; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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,

[[Page S6632]]

     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.
                                 ______
                                 
  SA 4047. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 3342, to impose sanctions on foreign persons that 
are responsible for gross violations of internationally recognized 
human rights by reason of the use by Hizballah of civilians as human 
shields, and for other purposes; which was referred to the Committee on 
Foreign Relations; as follows:

       Amend the title so as to read: ``An Act to impose sanctions 
     with respect to foreign persons that are responsible for 
     using civilians as human shields, and for other purposes.''.

                          ____________________