[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3166 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3166
To prohibit official United States Government business from being
conducted in the Gaza Strip or the West Bank, to suspend foreign
assistance to the Gaza Strip until Hamas no longer exercises authority
over the Gaza Strip, and to require reports and impose sanctions with
respect to the provision of services to Hamas, financial transactions
that benefit the Islamic Republic of Iran, and the use of human
shields, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To prohibit official United States Government business from being
conducted in the Gaza Strip or the West Bank, to suspend foreign
assistance to the Gaza Strip until Hamas no longer exercises authority
over the Gaza Strip, and to require reports and impose sanctions with
respect to the provision of services to Hamas, financial transactions
that benefit the Islamic Republic of Iran, and the use of 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hamas Sanctions
Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SANCTIONS AND REPORTS WITH RESPECT TO PROVISION OF SERVICES TO
HAMAS IN ALLIED COUNTRIES
Sec. 101. Definitions.
Sec. 102. Statement of policy.
Sec. 103. Report on provision of services to members of Hamas in allied
countries; imposition of sanctions.
TITLE II--LIMITATIONS ON OFFICIAL BUSINESS IN AND ASSISTANCE TO THE
WEST BANK AND THE GAZA STRIP
Sec. 201. Prohibition on actions that would authorize conduct of
official United States Government business
in the Gaza Strip or the West Bank.
Sec. 202. Limitation on assistance to the Gaza Strip.
Sec. 203. Expansion of prohibitions on assistance to the West Bank.
TITLE III--SANCTIONS AND REPORTS WITH RESPECT TO TRANSACTIONS THAT
BENEFIT IRAN
Sec. 301. Definitions.
Sec. 302. Report on certain financial transactions that benefit the
Islamic Republic of Iran; imposition of
sanctions.
Sec. 303. Prohibition on actions altering application of certain
sanctions with respect to the Islamic
Republic of Iran.
TITLE IV--SANCTIONS AND REPORTS WITH RESPECT TO USE OF HUMAN SHIELDS
Sec. 401. Statement of policy.
Sec. 402. Modification and extension of Sanctioning the Use of
Civilians as Defenseless Shields Act.
Sec. 403. Report on countering the use of human shields.
Sec. 404. Recurring report on use of human shields by Iranian-funded
terrorist groups.
TITLE I--SANCTIONS AND REPORTS WITH RESPECT TO PROVISION OF SERVICES TO
HAMAS IN ALLIED COUNTRIES
SEC. 101. DEFINITIONS.
In this title:
(1) Allied country.--The term ``allied country'' means--
(A) a country that is a member of the North
Atlantic Treaty Organization; or
(B) a country that has been designated as a major
non-NATO ally under section 517 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321k).
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) Member or affiliate of hamas.--The term ``member or
affiliate of Hamas'' includes--
(A) an official, agent, member, or affiliate of
Hamas;
(B) an official, agent, member, or affiliate of--
(i) the Palestine Islamic Jihad;
(ii) the Popular Resistance Committees;
(iii) the Abd Al-Qadir Al-Husseini
Brigades;
(iv) the Democratic Front for the
Liberation of Palestine;
(v) the Lion's Den;
(vi) Liwa al-Quds;
(vii) Liwa Fatemiyoun;
(viii) Liwa Zeynabiyoun; or
(ix) the Palestinian Mujahideen Movement;
(C) any successor to a person described in
subparagraph (A) or (B); or
(D) any foreign person owned or controlled by a
person described in subparagraph (A) or (B).
(4) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined has repeatedly provided
support for acts of international terrorism, for purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
(D) any other provision of law.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for the 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. 102. STATEMENT OF POLICY.
It shall be the policy of the United States to fully implement and
enforce sanctions against terrorism in order to counter the activities
of Hamas, including by denying members or affiliates of Hamas the
ability to operate or reside in the territories of allied countries.
SEC. 103. REPORT ON PROVISION OF SERVICES TO MEMBERS OR AFFILIATES OF
HAMAS IN ALLIED COUNTRIES; IMPOSITION OF SANCTIONS.
(a) Identification of Members or Affiliates of Hamas.--Not later
than 15 days after the date of the enactment of this Act, the Secretary
of State, in consultation with the Secretary of the Treasury, shall
submit to Congress a report listing all foreign persons currently known
to the United States to be a member or affiliate of Hamas.
(b) Report on Provision of Services to Members or Affiliates of
Hamas in Allied Countries.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the Secretary of the
Treasury, shall submit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives a report on the provision of services to
members or affiliates of Hamas in allied countries.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a list of allied countries in the territory of
which members or affiliates of Hamas are known to
operate or reside;
(B) a list of any foreign persons in an allied
country that provide services to members or affiliates
of Hamas, including--
(i) lodging;
(ii) utilities;
(iii) services provided by paid lodging
facilities, including laundry and room service;
(iv) the provision of facilities for
meetings; or
(v) personal banking services;
(C) for each country on the list required by
subparagraph (A), a determination of whether allowing
the provision of services to members or affiliates of
Hamas, including services described in subparagraph
(B), in the territory of the country results in the
country meeting the criteria for designation as a state
sponsor of terrorism; and
(D) a description of actions taken by United States
diplomats to encourage countries on the list required
by subparagraph (A) to cease allowing members or
affiliates of Hamas to operate or reside in those
countries.
(c) Sanctions.--
(1) In general.--The President shall impose the sanctions
described in paragraph (2) with respect to each foreign person
on the list required by subsection (a) or (b)(2)(B).
(2) Sanctions described.--The sanctions described in this
paragraph are--
(A) the sanctions applicable under Executive Order
13224 (50 U.S.C. 1701 note; relating to blocking
property and prohibiting transactions with persons who
commit, threaten to commit, or support terrorism); and
(B) inclusion on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury.
TITLE II--LIMITATIONS ON OFFICIAL BUSINESS IN AND ASSISTANCE TO THE
WEST BANK AND THE GAZA STRIP
SEC. 201. PROHIBITION ON ACTIONS THAT WOULD AUTHORIZE CONDUCT OF
OFFICIAL UNITED STATES GOVERNMENT BUSINESS IN THE GAZA
STRIP OR THE WEST BANK.
(a) In General.--Beginning on the date of the enactment of this
Act, the President may not take any action described in subsection (c)
if taking such action would authorize the conduct of the official
business of the United States Government by employees, grantees, or
contractors thereof in the West Bank or Gaza Strip that would otherwise
be prohibited by the Global Terrorism Sanctions Regulations under part
594 of title 31, Code of Federal Regulations, or the Foreign Terrorist
Organizations Sanctions Regulations under part 597 of that title.
(b) Application to Existing Actions.--Any action described in
subsection (c) that was taken before the date of the enactment of this
Act is rescinded.
(c) Actions Described.--An action described in this subsection is
an action that reduces the application of the Global Terrorism
Sanctions Regulations under part 594 of title 31, Code of Federal
Regulations, or the Foreign Terrorist Organizations Sanctions
Regulations under part 597 of that title, including--
(1) any termination or waiver of the application of
sanctions;
(2) any licensing action; or
(3) any removal of any person from the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury.
SEC. 202. LIMITATION ON ASSISTANCE TO THE GAZA STRIP.
(a) In General.--None of the funds described in subsection (b) may
be obligated or expended unless the President, during the 90-day period
immediately preceding such obligation or expenditure, transmitted
written certification to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that Hamas does not exercise de facto authority over
the Gaza Strip.
(b) Funds Described.--The funds described in this subsection are
Federal funds appropriated for--
(1) assistance to the Gaza Strip; or
(2) contributions to the United Nations Relief and Works
Agency for Palestine Refugees in the Near East, to any
successor or related entity, or to the regular budget of the
United Nations for the support of the United Nations Relief and
Works Agency for Palestine Refugees in the Near East or a
successor or related entity.
SEC. 203. EXPANSION OF PROHIBITIONS ON ASSISTANCE TO THE WEST BANK.
Section 1004(a)(1) of the Taylor Force Act (22 U.S.C. 2378c-1) is
amended by striking ``that directly benefits the Palestinian
Authority''.
TITLE III--SANCTIONS AND REPORTS WITH RESPECT TO TRANSACTIONS THAT
BENEFIT IRAN
SEC. 301. DEFINITIONS.
In this title:
(1) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(2) 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. 302. REPORT ON CERTAIN FINANCIAL TRANSACTIONS THAT BENEFIT THE
ISLAMIC REPUBLIC OF IRAN; IMPOSITION OF SANCTIONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report on the violation of
sanctions imposed by the United States with respect to the
Islamic Republic of Iran.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A list of foreign persons that--
(i) knowingly conducted or facilitated any
significant financial transaction with a
foreign person relating to funds transferred by
foreign persons relating to any agreement
between the United States and the Islamic
Republic of Iran between January 1, 2023, and
the date of the enactment of this Act, that
would be subject to the restrictions described
in section 1245(d) of the National Defense
Authorization Act for Fiscal Year 2012 (22
U.S.C. 8513a(d)) but for the issuance of a
waiver under paragraph (5) of that section;
(ii) knowingly conducted or facilitated any
significant financial transaction with the
Central Bank of Iran or another Iranian
financial institution subject to sanctions
imposed by the United States for the purpose of
repatriating to the Government of the Islamic
Republic of Iran assets subject to the
restrictions described in such section 1245(d);
or
(iii) knowingly engaged in transactions
involving the exchange of Special Drawing
Rights issued by the International Monetary
Fund and held by or allocated to the Islamic
Republic of Iran into United States dollars or
another foreign currency.
(B) An identification of any vessel that was
knowingly used by a foreign person for the
transportation of petroleum or petroleum products from
the Islamic Republic of Iran, including the following
information for the vessel:
(i) The International Maritime Organization
number of the vessel.
(ii) The vessel identification number.
(iii) The current name and any past name of
the vessel.
(iv) Any maritime classification society
providing services for the vessel.
(v) The current flag under which the vessel
operates.
(vi) Any past flag under which the vessel
operated.
(vii) All owners and operators of the
vessel.
(C) A description of actions taken by the Secretary
of State to engage maritime classification societies
identified under subparagraph (B)(iv), and foreign
governments that allow vessels described in
subparagraph (B) to fly their flag, to ensure those
societies and governments--
(i) are fully aware of the sanctions,
financial crimes, and reputational risks
involved in continuing to provide services to
such vessels or to allow such vessels to fly
their flag; and
(ii) cease providing those services or
allowing such vessels to fly their flag, as the
case may be.
(b) Imposition of Sanctions.--
(1) Transactions.--Notwithstanding the issuance of any
waiver or license, including General License 8 issued by the
Office of Foreign Assets Control, the President shall impose
the sanctions described in section 1245(d)(1)(A) of the
National Defense Authorization Act for Fiscal Year 2012 (22
U.S.C. 8513a(d)(1)(A)) with respect to any financial
institution on the most recent list required by subsection
(a)(2)(A).
(2) Vessels.--The President shall--
(A) impose the sanctions described in Executive
Order 13382 (50 U.S.C. 1701 note; relating to blocking
property of weapons of mass destruction proliferators
and their supporters) with respect to--
(i) each vessel identified under subsection
(a)(2)(B); and
(ii) each owner or operator of such a
vessel identified under clause (vii) of that
subsection; and
(B) include each such vessel, owner, and operator
on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury.
SEC. 303. PROHIBITION ON ACTIONS ALTERING APPLICATION OF CERTAIN
SANCTIONS WITH RESPECT TO THE ISLAMIC REPUBLIC OF IRAN.
(a) In General.--On and after the date of the enactment of this
Act, the President may not take any action described in subsection (c)
if taking the action would significantly alter the application of
sanctions described in subsection (d).
(b) Application to Existing Actions.--Any action described in
subsection (c) taken before the date of the enactment of this Act is
rescinded.
(c) Actions Described.--An action described in this subsection is--
(1) any termination or waiver of the application of
sanctions described in subsection (d);
(2) any licensing action with respect to such sanctions; or
(3) any removal of any person from the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury.
(d) Sanctions Described.--The sanctions described in this
subsection are sanctions under--
(1) section 1245(d)(1) of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(1));
and
(2) sections 1244(c)(1) and 1247(a) of Iran Freedom and
Counter-Proliferation Act of 2012 (22 U.S.C. 8803(c)(1) and
8806(a)).
TITLE IV--SANCTIONS AND REPORTS WITH RESPECT TO USE OF HUMAN SHIELDS
SEC. 401. STATEMENT OF POLICY.
It shall be the policy of the United States to fully implement and
enforce sanctions against terrorist organizations and other malign
actors that use innocent civilians as human shields.
SEC. 402. MODIFICATION AND EXTENSION OF SANCTIONING THE USE OF
CIVILIANS AS DEFENSELESS SHIELDS ACT.
(a) In General.--Section 3 of the Sanctioning the Use of Civilians
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following:
``(3) Each foreign person that the President determines, on
or after the date of the enactment of the Hamas Sanctions Act
of 2023--
``(A) is a member of Palestine Islamic Jihad or is
knowingly acting on behalf of Palestine Islamic Jihad;
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) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
and
(3) by inserting after subsection (d) the following:
``(e) Congressional Requests.--Not later than 120 days after
receiving a request from the chairman and ranking member of one of the
appropriate congressional committees with respect to whether a foreign
person meets the criteria of a person described in subsection (b) or
(c), the President shall--
``(1) determine if the person meets such criteria; and
``(2) submit a written justification to the chairman and
ranking member detailing whether or not the President imposed
or intends to impose sanctions described in subsection (b) or
(c) with respect to such person.''.
(b) Definitions.--Section 4 of the Sanctioning the Use of Civilians
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
``(7) Palestine islamic jihad.--The term `Palestine Islamic
Jihad' means--
``(A) the entity known as Palestine Islamic Jihad
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 Palestine Islamic Jihad 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.).''.
(c) Sunset.--Section 5 of the Sanctioning the Use of Civilians as
Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2030''.
(d) Severability.--The Sanctioning the Use of Civilians as
Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended by adding at the end the following:
``SEC. 6. SEVERABILITY.
``If any provision of this Act, or the application of such
provision to any person or circumstance, is found to be
unconstitutional, the remainder of this Act, or the application of that
provision to other persons or circumstances, shall not be affected.''.
SEC. 403. REPORT ON COUNTERING THE USE OF HUMAN SHIELDS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives a report that contains the following:
(1) A description of the lessons learned from the United
States and its allies and partners in addressing the use of
human shields by terrorist organizations such as Hamas,
Hezbollah, Palestine Islamic Jihad, and any other organization
as determined by the Secretary of Defense.
(2) A description of a specific plan and actions being
taken by the Department of Defense to incorporate the lessons
learned as identified in paragraph (1) into Department of
Defense operating guidance, relevant capabilities, and tactics,
techniques, and procedures to deter, counter, and address the
challenge posed by the use of human shields and hold
accountable terrorist organizations for the use of human
shields.
(3) A description of specific measures being developed and
implemented by the United States Government to mobilize and
leverage allied nations, including member nations of the North
Atlantic Treaty Organization (NATO), to deter, counter, and
hold accountable terrorist organizations for the use of human
shields.
(4) The current status of joint exercises, doctrine
development, education, and training on countering the use of
human shields in multinational centers of excellence.
(5) The current status of participation of members of the
Armed Forces and Department of Defense civilian personnel in
any multinational center of excellence for the purposes of
countering the use of human shields.
(6) The feasibility and advisability of beginning or
continuing participation of members of the Armed Forces and
Department of Defense civilian personnel to promote the
integration of joint exercises, doctrine development,
education, and training on countering the use of human shields
into multinational centers of excellence.
(b) Definition.--In this section, the term ``multinational center
of excellence'' has the meaning given that term in section 344 of title
10, United States Code.
SEC. 404. RECURRING REPORT ON USE OF HUMAN SHIELDS BY IRANIAN-FUNDED
TERRORIST GROUPS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the President shall
submit to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a report on the use of human shields by
Iranian funded terrorist groups.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) a list of Palestinian terrorist groups--
(A) that receive financial assistance or training
primarily from Iran; or
(B) over which Iran exerts undue influence;
(2) a list of foreign persons who are members of--
(A) Hezbollah's Shura Council;
(B) Hezbollah's Executive Council;
(C) Hamas's Politburo;
(D) Hamas's Shura Council; and
(E) Palestine Islamic Jihad's Shura Council;
(3) a determination, with respect to each foreign person
listed in paragraph (2), whether, during the relevant reporting
period, that person knowingly ordered, controlled, or otherwise
directed the use of civilians protected as such by the law of
war to shield military objectives from attack; and
(4) for every positive determination under paragraph (3),
if sanctions have not been imposed on the foreign person under
the Sanctioning the Use of Civilians as Defenseless Shields Act
(Public Law 115-348), an explanation why such sanctions were
not imposed.
(c) Relevant Reporting Period Defined.--In this section, the term
``relevant reporting period'' means--
(1) for the first report--
(A) in the case of members of Hamas or Hezbollah,
since the date of the enactment of the Sanctioning the
Use of Civilians as Defenseless Shields Act (Public Law
115-348; 50 U.S.C. 1701 note); and
(B) in the case of members of Palestine Islamic
Jihad, since the date of the enactment of this Act; and
(2) for subsequent reports, since the date of the last
report.
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