Text: H.R.3342 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-348 (12/21/2018)

 
[115th Congress Public Law 348]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5055]]

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. <<NOTE: Dec. 21, 2018 -  [H.R. 3342]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Sanctioning the 
Use of Civilians as Defenseless Shields Act. 50 USC 1701 note.>> 
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. <<NOTE: President.>>  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. <<NOTE: Deadline. Determinations.>> --
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

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        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 <<NOTE: Deadline. Determination.>> .--
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 <<NOTE: Determination.>> .--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 <<NOTE: Applicability.>> .--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

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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 <<NOTE: Determination. Report.>> .--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) <<NOTE: Deadline.>>  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 132 STAT. 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.

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