[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:
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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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