    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-348
    115th Congress

    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

    [[Page 5056]]

    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

    [[Page 5057]]

    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

    [[Page 5058]]

    (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.

    Approved December 21, 2018.

    LEGISLATIVE HISTORY--H.R. 3342:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-367, Pt. 1 (Comm. on Foreign Affairs).
    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    Oct. 25, considered and passed
    House.
    Vol. 164 (2018):
    Oct. 11, considered and passed
    Senate, amended.
    Dec. 11, House concurred in Senate
    amendments.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Dec. 21, Presidential statement.