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H.R. 3542 — what changed

Hamas Human Shields Prevention Act

From Introduced in House to Engrossed in House. 5 sections amended between Introduced in House and Engrossed in House.

Sec. 2 Findings

Congress finds the following:

(1)
changed Human shields are civilians, prisoners The international law of war, and other noncombatants whose armed conflict prohibits, during any armed conflict, the exploitation of the presence is designed of civilians, or movement of civilians, in an effort to protect combatants and military objects impede attack on or otherwise shield lawful targets from attack, and the use of human shields violates international law.attack.
(2)
changed Throughout the 2006–2007 takeover Violation of Gaza by Hamas, the organization engaged in summary executions and torture, and put this obligation is commonly referred to as using persons as “human shields”, the lives unlawful exploitation of civilians at constant risk.civilian persons or property in an attempt to impede attack on or otherwise shield lawful targets from attack.
(3)
changed Since that 2006–2007 takeover The international law of Gaza, Hamas forces have repeatedly fired rockets at armed conflict also prohibits exposing prisoners of war, other detainees, or the Israeli Defense Forces wounded and at Israeli civilian areas, sick to unnecessary risks resulting from civilian areas predominantly occupied by Palestinians including hospitals, mosques, and schools, putting Palestinian lives at constant risk.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)
changed It is common practice for Under the Israeli Defense Forces to drop aerial leaflets, make announcements over radio, place phone calls, and send text messages warning international law of armed conflict, the use of human shields is a coming military strike before targeting terrorists operating near Palestinian critical consideration when assessing whether infliction of civilian areas.harm by a party to the conflict was in fact unreasonable under the circumstances.
(5)
changed Throughout the violent takeover of Gaza by Hamas leaders routinely discourage Palestinian civilians from heeding these warnings, instructing them to remain in their homes, and, 2007, the organization engaged in some cases, force civilians to gather on summary executions and torture, and put the roofs lives of their homes to act as human shields.civilians at constant risk.
(6)
changed In 2010, Since that 2007 takeover of Gaza, Hamas forced children to work as laborers forces have repeatedly fired rockets into Israel in the tunnel networks between Gaza and Egypt.an indiscriminate manner, routinely striking civilian population areas that cannot plausibly be considered lawful military targets.
(7)
changed 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 attacks are placed at risk routinely launched from firing positions in such a way.”.areas of dense civilian population, often in or near schools, mosques, or hospitals, with no plausible justification based on military necessity.
(8)
added Unlawful Hamas tactics also include routinely forcing Palestinian civilians to gather on the roofs of their homes to act as human shields.
(9)
added Because these Hamas tactics cannot be justified by military necessity, they indicate an effort to endanger both Israeli and Palestinian civilians.
(10)
added 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)
added Since 2010, Hamas has enlisted children to work as laborers in the tunnel networks between Gaza and Egypt.
(12)
added 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)
renumbered was (10) Hamas was designated as a foreign terrorist organization by the Secretary of State on October 8, 1997.
(14)
added 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.
(9)
removed In addition to Hamas, other foreign terrorist organizations, such as the Islamic State, al-Qa’ida, and al-Shabaab, typically use civilians as human shields.
(10)
removed Congress has repeatedly condemned the use of human shields by Hamas and other foreign terrorist organizations.

Sec. 3 Statement of policy

It shall be the policy of the United States to—

(1)
changed officially and publicly condemn Hamas for violating the use international law of human shields armed conflict by Hamas as an act of terrorism exploiting civilians, civilian property, and a violation of human rights other specially protected personnel and international humanitarian law; facilities, in an effort to shield military targets from lawful attack; and
(2)
changed 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

changed 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 impose multilateral sanctions against Hamas for the use of human shields.would—

(1)
added impose multilateral sanctions against Hamas for the use of human shields;
(2)
added require member nations to take specific steps to prevent the use of human shields and impose consequences on those who use human shields;
(3)
added 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)
added 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)
changed In general— The President shall impose the sanctions described in subsection (b) (c) with respect to each person on the following:list required under subsection (b).
(b)
added List—
(1)
added 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)
added Each foreign person that the President determines—
(1)
removed Each foreign person that the President determines, based on credible evidence—
(i)
renumbered was (2)(3)(2) is a member of Hamas or is acting on behalf of Hamas; and
(ii)
added 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)
added 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)
added significantly facilitated, directly or indirectly, any act described in subparagraph (A)(ii) by a person described in subparagraph (A)(ii); or
(ii)
added attempted to facilitate or support any such person.
(B)
removed is responsible for, complicit in, or responsible for ordering, controlling, or otherwise directing the use of human shields by Hamas.
(2)
removed Each foreign person and each agency or instrumentality of a foreign state that the President determines has—
(A)
removed directly or indirectly, significantly facilitated any act described in paragraph (1)(B) with respect to the use of human shields by Hamas;
(B)
removed provided material support to a person listed under paragraph (1); or
(C)
removed attempted to so facilitate or so support such acts or persons.
(b)
removed Sanctions described— The sanctions described in this subsection are the following:
(2)
changed Blocking of property—Updates— 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.) transmit to the extent necessary to block and prohibit all transactions in property and interests in property appropriate congressional committees an update of the foreign person if such property and 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.list required under paragraph (1)—
(A)
added not later than 1 year after the date of transmission of such list, and annually thereafter for 3 years; and
(B)
added as new information becomes available.
(c)
added 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)
added 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)
added Aliens ineligible for visas, admission, or parole—
(A)
added 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—
(2)
removed Aliens ineligible for visas, admission, or parole—
(A)
removed Visas, admission, or parole— An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of either such Secretaries) knows, or has reason to believe, meets any of the criteria described in subsection (a) is—
(i)
renumbered was (3)(4)(2)(3) inadmissible to the United States;
(ii)
renumbered was (3)(4)(2)(4) ineligible to receive a visa or other documentation to enter the United States; and
(iii)
renumbered was (3)(4)(2)(5) 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)
added Current visas revoked—
(i)
added 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)
added Effect of revocation— A revocation under clause (i)—
(I)
added shall take effect immediately; and
(II)
added 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)
added 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.
(B)
removed Current visas revoked— The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of either such Secretaries) shall revoke any visa or other entry documentation issued to an alien who meets any of the criteria described in subsection (a) regardless of when issued. A revocation under this subparagraph shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of such alien.
(c)
removed 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 a 120-day period if the President certifies to the appropriate congressional committees, not less than 15 days before the start of such 120-day period, that such waiver is vital to the national security interest of the United States.
(d)
changed Penalties—Waiver— The penalties provided for in subsections (b) and (c) President may, on a case-by-case basis, waive the application of a sanction under this section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply with respect to any a person that violates, attempts to violate, conspires to violate, or causes a violation an agency or instrumentality of any regulation promulgated to carry out this section a foreign state for periods not longer than 180 days if the President certifies to the same extent appropriate congressional committees that such penalties apply to a person that knowingly commits an unlawful act described waiver is in section 206(a) the national security interest of such Act.the United States.
(e)
added 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)
added Regulations—
(e)
removed Regulations—
(1)
renumbered was (6)(2) 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)
renumbered was (6)(3) 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.
(3)
removed Notification to Congress— Not later than 10 days before the promulgation of a regulation under paragraph (2), the President shall brief the appropriate congressional committees on the proposed regulation and the provisions of this section implemented by such regulation.
(g)
renumbered was (7) Rule of construction— Nothing in this section may be construed—
(1)
renumbered was (7)(3) 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)
renumbered was (7)(4) 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)
changed Appropriate congressional committees— In this section, the The term appropriate congressional committees means—
(A)
changed the Committee on Financial Services 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)
changed the Committee on Banking, Housing, and Urban Affairs Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate.
(4)
changed Foreign person— The term foreign person means—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.
(A)
removed an individual who is not a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(B)
removed an entity that is not a United States person.
(5)
Hamas— The term Hamas means—
(A)
changed 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)
changed United States person— The term United States person means—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.
(A)
removed a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(B)
removed 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.