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[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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