[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3542 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 3542
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2018
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To impose sanctions against Hamas for violating universally applicable
international laws of armed conflict by intentionally using civilians
and civilian property to shield military objectives from lawful attack,
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 ``Hamas Human Shields Prevention
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The international law of armed conflict prohibits,
during any armed conflict, the exploitation of the presence of
civilians, or movement of civilians, in an effort to impede
attack on or otherwise shield lawful targets from attack.
(2) Violation of this obligation is commonly referred to as
using persons as ``human shields'', the unlawful exploitation
of civilian persons or property in an attempt to impede attack
on or otherwise shield lawful targets from attack.
(3) The international law of armed conflict also prohibits
exposing prisoners of war, other detainees, or the wounded and
sick to unnecessary risks resulting from the conduct of
hostilities, which clearly includes a prohibition against using
such personnel in an effort to impede attack on or otherwise
shield lawful targets from attack.
(4) Under the international law of armed conflict, the use
of human shields is a critical consideration when assessing
whether infliction of civilian harm by a party to the conflict
was in fact unreasonable under the circumstances.
(5) Throughout the violent takeover of Gaza by Hamas in
2007, the organization engaged in summary executions and
torture, and put the lives of civilians at constant risk.
(6) Since that 2007 takeover of Gaza, Hamas forces have
repeatedly fired rockets into Israel in an indiscriminate
manner, routinely striking civilian population areas that
cannot plausibly be considered lawful military targets.
(7) Hamas attacks are routinely launched from firing
positions in areas of dense civilian population, often in or
near schools, mosques, or hospitals, with no plausible
justification based on military necessity.
(8) Unlawful Hamas tactics also include routinely forcing
Palestinian civilians to gather on the roofs of their homes to
act as human shields.
(9) Because these Hamas tactics cannot be justified by
military necessity, they indicate an effort to endanger both
Israeli and Palestinian civilians.
(10) The Israel Defense Force, in response to such serious
violations by Hamas, has vigorously taken all feasible
precautions to minimize civilian casualties and protect
civilian objects, in accordance with the international laws of
armed conflict. Such tactics have included providing warnings
to civilians when feasible.
(11) Since 2010, Hamas has enlisted children to work as
laborers in the tunnel networks between Gaza and Egypt.
(12) On June 9, 2017, the United Nations Relief and Works
Agency announced it had discovered Hamas tunnels under two of
its schools in the Gaza Strip, adding it was ``unacceptable
that students and staff are placed at risk in such a way''.
(13) Hamas was designated as a foreign terrorist
organization by the Secretary of State on October 8, 1997.
(14) In addition to Hamas, other armed groups, such as
Hezbollah, the Islamic State, al-Qa'ida, and al-Shabaab,
typically use civilians as human shields.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) officially and publicly condemn Hamas for violating the
international law of armed conflict by exploiting civilians,
civilian property, and other specially protected personnel and
facilities, in an effort to shield military targets from lawful
attack; and
(2) take effective action against those knowingly engaging
in, supporting, facilitating, or enabling such undisputed
violations of international law through the use of human
shields.
SEC. 4. UNITED NATIONS SECURITY COUNCIL.
The President should direct the United States Permanent
Representative to the United Nations to use the voice, vote, and
influence of the United States at the United Nations Security Council
to secure support for a resolution that would--
(1) impose multilateral sanctions against Hamas for the use
of human shields;
(2) require member nations to take specific steps to
prevent the use of human shields and impose consequences on
those who use human shields;
(3) require the United Nations to track and report the use
of human shields in any conflict monitored by an organization
or agency of the United Nations; and
(4) specify steps to prevent, and consequences for, the use
of United Nations employees as human shields or the use of
United Nations facilities or infrastructure to enable the use
of civilians as human shields.
SEC. 5. SANCTIONS ON FOREIGN PERSONS RESPONSIBLE FOR GROSS VIOLATIONS
OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.
(a) In General.--The President shall impose sanctions described in
subsection (c) with respect to each person on the list required under
subsection (b).
(b) List.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a list of the following:
(A) Each foreign person that the President
determines--
(i) is a member of Hamas or is acting on
behalf of Hamas; and
(ii) on or after the date of the enactment
of this Act, knowingly orders, controls, or
otherwise directs or is complicit in, any
unlawful attempt to use civilians, civilian
property, or other protected persons to shields
military objectives from lawful attack.
(B) Each foreign person, or each agency or
instrumentality of a foreign state, that the President
determines has knowingly, on or after the date of the
enactment of this Act--
(i) significantly facilitated, directly or
indirectly, any act described in subparagraph
(A)(ii) by a person described in subparagraph
(A)(ii); or
(ii) attempted to facilitate or support any
such person.
(2) Updates.--The President shall transmit to the
appropriate congressional committees an update of the list
required under paragraph (1)--
(A) not later than 1 year after the date of
transmission of such list, and annually thereafter for
3 years; and
(B) as new information becomes available.
(c) Sanctions Described.--The sanctions to be imposed on a foreign
person or an agency or instrumentality of a foreign state on the list
required under subsection (b) 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 of
such 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 (or a designee of either such Secretary)
determines is a foreign person on the list required
under subsection (b) 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.--
(i) In general.--Any visa or other
documentation issued to an alien who is a
foreign person on the list required under
subsection (b), regardless of when such visa or
other documentation was issued, shall be
revoked and such alien shall be denied
admission to the United States.
(ii) Effect of revocation.--A revocation
under clause (i)--
(I) shall take effect immediately;
and
(II) shall automatically cancel any
other valid visa or documentation that
is in the possession of the alien who
is the subject of such revocation.
(C) Exception to comply with united nations
headquarters agreement.--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 agreements.
(d) Waiver.--The President may, on a case-by-case basis, waive the
application of a sanction under this section with respect to a person
or an agency or instrumentality of a foreign state for periods not
longer than 180 days if the President certifies to the appropriate
congressional committees that such waiver is in the national security
interest of the United States.
(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 any person that violates, attempts to
violate, conspires to violate, or causes a violation of any regulation
promulgated to carry out this section to the same extent that such
penalties apply to a person that commits an unlawful act described in
section 206(a) of such Act.
(f) Regulations.--
(1) In general.--The President may exercise all authorities
provided to the President 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.
(g) 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. 6. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given such 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 such term in section 1603(b) of title 28, United
States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Financial Services, the
Committee on Ways and Means, the Committee on the
Judiciary and the Committee on Foreign Affairs of the
House of Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs, the Committee on the Judiciary, and the
Committee on Foreign Relations of the Senate.
(4) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 594.304 of title 31, Code of
Federal Regulations, as in effect on the date of the enactment
of this Act.
(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,
instrumentality, or affiliate of Hamas on the list of
specially designated nationals and blocked persons
maintained by the Office of Foreign Asset Control of
the Department of 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) United states person.--The term ``United States
person'' has the meaning given such term in section 594.315 of
title 31, Code of Federal Regulations, as in effect on the date
of the enactment of this Act.
Passed the House of Representatives February 14, 2018.
Attest:
KAREN L. HAAS,
Clerk.