[Congressional Record Volume 164, Number 169 (Thursday, October 11, 2018)]
[Senate]
[Pages S6873-S6874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4058. Mr. McCONNELL (for Mr. Corker) proposed an amendment to the
bill H.R. 3342, to impose sanctions with respect to foreign persons
that are responsible for using civilians as human shields, and for
other purposes; 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.--
[[Page S6874]]
(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.
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