II 118th CONGRESS 1st Session S. 3166 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.

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. I Sanctions and reports with respect to provision of services to Hamas in allied countries 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. 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. 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. II Limitations on official business in and assistance to the West Bank and the Gaza Strip 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. 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. 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 . III Sanctions and reports with respect to transactions that benefit Iran 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. 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. 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)). IV Sanctions and reports with respect to use of human shields 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. 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: 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. . 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. 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.