Hamas Human Shields Prevention Act

Bill: 115-hr-3542
Sponsor: full_name: Rep. Wilson, Joe [R-SC-2]
Introduced: 2017-07-28
Policy area: International Affairs
Subjects: Congressional oversight

Foreign property

Human rights

Middle East

Palestinians

Sanctions

Terrorism

United Nations

Visas and passports
Latest action: action_date: 2018-02-15
text: Received in the Senate and Read twice and referred to the Committee on Foreign Relations.

Summaries:
action_date: 2017-07-28
action_desc: Introduced in House
text: <p><b>Hamas Human Shields Prevention Act</b></p> <p>This bill states that it is U.S. policy to: (1) condemn the use of human shields by Hamas as an act of terrorism and a violation of human rights and international humanitarian law, and (2) act against those engaging in or supporting the use of human shields. </p> <p>The President is urged to direct the U.S. Permanent Representative to the United Nations (U.N.) to use U.S. influence at the U.N. Security Council to secure support for a resolution imposing multilateral sanctions against Hamas's use of human shields. </p> <p>The President shall prohibit property transactions and U.S. entry with respect to: (1) each foreign person or entity that is a member of or acting on behalf of Hamas and that is responsible for or complicit in Hamas' use of human shields; and (2) each foreign person or entity and each agency or instrumentality of a foreign state that has significantly facilitated any act with respect to such use of human shields, provided material support to a listed person or entity, or attempted to facilitate or support such acts or persons. </p> <p>The President may waive a sanction for 120 days with prior congressional certification that such waiver is vital to U.S. national security interests. </p>

action_date: 2018-02-14
action_desc: Passed House amended
text: <p><b>Hamas Human Shields Prevention Act</b></p> <p> (Sec. 3) This bill states that it is U.S. policy to condemn Hamas's use of human shields and act against those engaging in or supporting the use of human shields. </p> <p> (Sec. 4) The President is urged to direct the U.S. Permanent Representative to the United Nations (U.N.) to use U.S. influence at the Security Council to secure support for a resolution: (1) imposing multilateral sanctions against Hamas's use of human shields; and (2) specifying steps to prevent, and consequences for, the use of U.N. employees as human shields or facilities that enable that use.</p> <p> (Sec. 5) The President shall prohibit property transactions and U.S. entry (and revoke current visas) with respect to: (1) each foreign person or entity that is a member of or acting on behalf of Hamas and that is responsible for or complicit in Hamas's unlawful attempt to use civilians, civilian property, or other protected persons to shield military objectives from lawful attack; and (2) each foreign person or entity and each agency or instrumentality of a foreign state that has significantly facilitated or attempted to facilitate such an act. </p> <p>The President may waive a sanction for 180 days with prior congressional certification that such waiver is in U.S. national security interests.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 3542 IN THE HOUSE OF REPRESENTATIVES July 28, 2017 Mr. Wilson of South Carolina (for himself, Mr. Moulton , Ms. Ros-Lehtinen , and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions against Hamas for gross violations of internationally recognized human rights by reason of the use of civilians as human shields, and for other purposes.

1. Short title This Act may be cited as the Hamas Human Shields Prevention Act . 2. Findings Congress finds the following: (1) Human shields are civilians, prisoners of war, and other noncombatants whose presence is designed to protect combatants and military objects from attack, and the use of human shields violates international law. (2) Throughout the 2006–2007 takeover of Gaza by Hamas, the organization engaged in summary executions and torture, and put the lives of civilians at constant risk. (3) Since that 2006–2007 takeover of Gaza, Hamas forces have repeatedly fired rockets at the Israeli Defense Forces and at Israeli civilian areas, from civilian areas predominantly occupied by Palestinians including hospitals, mosques, and schools, putting Palestinian lives at constant risk. (4) It is common practice for the Israeli Defense Forces to drop aerial leaflets, make announcements over radio, place phone calls, and send text messages warning of a coming military strike before targeting terrorists operating near Palestinian civilian areas. (5) Hamas leaders routinely discourage Palestinian civilians from heeding these warnings, instructing them to remain in their homes, and, in some cases, force civilians to gather on the roofs of their homes to act as human shields. (6) In 2010, Hamas forced children to work as laborers in the tunnel networks between Gaza and Egypt. (7) 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. . (8) Hamas was designated as a foreign terrorist organization by the Secretary of State on October 8, 1997. (9) 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) Congress has repeatedly condemned the use of human shields by Hamas and other foreign terrorist organizations. 3. Statement of policy It shall be the policy of the United States to— (1) officially and publicly condemn the use of human shields by Hamas as an act of terrorism and a violation of human rights and international humanitarian law; and (2) take effective action against those engaging in, supporting, facilitating, or enabling the use of human shields. 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 impose multilateral sanctions against Hamas for the use of human shields. 5. Sanctions on foreign persons responsible for gross violations of internationally recognized human rights (a) In general The President shall impose the sanctions described in subsection (b) with respect to the following: (1) Each foreign person that the President determines, based on credible evidence— (A) is a member of Hamas or is acting on behalf of Hamas; and (B) is responsible for, complicit in, or responsible for ordering, controlling, or otherwise directing the use of human shields by Hamas. (2) Each foreign person and each agency or instrumentality of a foreign state that the President determines has— (A) directly or indirectly, significantly facilitated any act described in paragraph (1)(B) with respect to the use of human shields by Hamas; (B) provided material support to a person listed under paragraph (1); or (C) attempted to so facilitate or so support such acts or persons. (b) Sanctions described The sanctions described in 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 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. (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 Secretaries) knows, or has reason to believe, meets any of the criteria described in 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 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) 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) 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 knowingly commits an unlawful act described in section 206(a) of such Act. (e) 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. (3) 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. (f) 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. 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 In this section, the term appropriate congressional committees means— (A) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate. (4) Foreign person The term foreign person means— (A) an individual who is not a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity that is not a United States person. (5) Hamas The term Hamas means— (A) the entity known as Hamas and designated by the Secretary of State as 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 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.

tv_txt: I 115th CONGRESS 2d Session H. R. 3542 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the Hamas Human Shields Prevention Act . 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. 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. 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. 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. 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. Karen L. Haas, Clerk.

tv_txt: IIB 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.

1. Short title This Act may be cited as the Hamas Human Shields Prevention Act . 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. 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. 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. 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. 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. Karen L. Haas, Clerk.