#aaeth ,,congress #b;d ,session ,h4 ,r4 #cedb ,,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 attack1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hamas ,human ,shields ,prevention ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the international law of armed conflict prohibits1 during any armed conflict1 the exploitation of the presence of civilians1 or movement of civilians1 in an effort to impede attack on or otherwise shield lawful targets from attack4 7#b7 ,violation of this obligation is commonly referred to as using persons as human shields1 the unlawful exploitation of civilian persons or property in an attempt to impede attack on or otherwise shield lawful targets from attack4 7#c7 ,the international law of armed conflict also prohibits exposing prisoners of war1 other detainees1 or the wounded and sick to unnecessary risks resulting from the conduct of hostilities1 which clearly includes a prohibition against using such personnel in an effort to impede attack on or otherwise shield lawful targets from attack4 7#d7 ,under the international law of armed conflict1 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 circumstances4 7#e7 ,throughout the violent takeover of ,gaza by ,hamas in #bjjg1 the organization engaged in summary executions and torture1 and put the lives of civilians at constant risk4 7#f7 ,since that #bjjg takeover of ,gaza1 ,hamas forces have repeatedly fired rockets into ,israel in an indiscriminate manner1 routinely striking civilian population areas that cannot plausibly be considered lawful military targets4 7#g7 ,hamas attacks are routinely launched from firing positions in areas of dense civilian population1 often in or near schools1 mosques1 or hospitals1 with no plausible justification based on military necessity4 7#h7 ,unlawful ,hamas tactics also include routinely forcing ,palestinian civilians to gather on the roofs of their homes to act as human shields4 7#i7 ,because these ,hamas tactics cannot be justified by military necessity1 they indicate an effort to endanger both ,israeli and ,palestinian civilians4 7#aj7 ,the ,israel ,defense ,force1 in response to such serious violations by ,hamas1 has vigorously taken all feasible precautions to minimize civilian casualties and protect civilian objects1 in accordance with the international laws of armed conflict4 ,such tactics have included providing warnings to civilians when feasible4 7#aa7 ,since #bjaj1 ,hamas has enlisted children to work as laborers in the tunnel networks between ,gaza and ,egypt4 7#ab7 ,on ,june #i1 #bjag1 the ,united ,nations ,relief and ,works ,agency announced it had discovered ,hamas tunnels under two of its schools in the ,gaza ,strip1 adding it was unacceptable that students and staff are placed at risk in such a way4 7#ac7 ,hamas was designated as a foreign terrorist organization by the ,secretary of ,state on ,october #h1 #aiig4 7#ad7 ,in addition to ,hamas1 other armed groups1 such as ,hezbollah1 the ,islamic ,state1 al-,qa'ida1 and al-,shabaab1 typically use civilians as human shields4 #c4 ,statement of policy ,it shall be the policy of the ,united ,states to-- 7#a7 officially and publicly condemn ,hamas for violating the international law of armed conflict by exploiting civilians1 civilian property1 and other specially protected personnel and facilities1 in an effort to shield military targets from lawful attack2 and 7#b7 take effective action against those knowingly engaging in1 supporting1 facilitating1 or enabling such undisputed violations of international law through the use of human shields4 #d4 ,united ,nations ,security ,council ,the ,president should direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations ,security ,council to secure support for a resolution that would-- 7#a7 impose multilateral sanctions against ,hamas for the use of human shields2 7#b7 require member nations to take specific steps to prevent the use of human shields and impose consequences on those who use human shields2 7#c7 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 ,nations2 and 7#d7 specify steps to prevent1 and consequences for1 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 shields4 #e4 ,sanctions on foreign persons responsible for gross violations of internationally recognized human rights 7a7 ,in general ,the ,president shall impose sanctions described in subsection 7c7 with respect to each person on the list required under subsection 7b74 7b7 ,list 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall transmit to the appropriate congressional committees a list of the following3 7,a7 ,each foreign person that the ,president determines-- 7i7 is a member of ,hamas or is acting on behalf of ,hamas2 and 7ii7 on or after the date of the enactment of this ,act1 knowingly orders1 controls1 or otherwise directs or is complicit in1 any unlawful attempt to use civilians1 civilian property1 or other protected persons to shields military objectives from lawful attack4 7,b7 ,each foreign person1 or each agency or instrumentality of a foreign state1 that the ,president determines has knowingly1 on or after the date of the enactment of this ,act-- 7i7 significantly facilitated1 directly or indirectly1 any act described in subparagraph 7,a77ii7 by a person described in subparagraph 7,a77ii72 or 7ii7 attempted to facilitate or support any such person4 7#b7 ,updates ,the ,president shall transmit to the appropriate congressional committees an update of the list required under paragraph 7#a7-- 7,a7 not later than #a year after the date of transmission of such list1 and annually thereafter for #c years2 and 7,b7 as new information becomes available4 7c7 ,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 7b7 are the following3 7#a7 ,blocking of property ,the ,president shall exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,aliens ineligible for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,an alien who the ,secretary of ,state or the ,secretary of ,homeland ,security 7or a designee of either such ,secretary7 determines is a foreign person on the list required under subsection 7b7 is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,any visa or other documentation issued to an alien who is a foreign person on the list required under subsection 7b71 regardless of when such visa or other documentation was issued1 shall be revoked and such alien shall be denied admission to the ,united ,states4 7ii7 ,effect of revocation ,a revocation under clause 7i7-- 7,i7 shall take effect immediately2 and 7,,ii7 shall automatically cancel any other valid visa or documentation that is in the possession of the alien who is the subject of such revocation4 7,c7 ,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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or with other applicable international agreements4 7d7 ,waiver ,the ,president may1 on a case-by-case basis1 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 #ahj days if the ,president certifies to the appropriate congressional committees that such waiver is in the national security interest of the ,united ,states4 7e7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to any person that violates1 attempts to violate1 conspires to violate1 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 #bjf7;a7 of such ,act4 7f7 ,regulations 7#a7 ,in general ,the ,president may exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 for purposes of carrying out this section4 7#b7 ,issuance of regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall prescribe such regulations as may be necessary to implement this section4 7g7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to limit the authorities of the ,president pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 or any other relevant provision of law2 or 7#b7 to apply with respect to any activity subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq471 or to any authorized intelligence activities of the ,united ,states4 #f4 ,definitions ,in this ,act3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given such terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,agency or instrumentality of a foreign state ,the term agency or instrumentality of a foreign state has the meaning given such term in section #afjc7;b7 of title #bh1 ,united ,states ,code4 7#c7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,financial ,services1 the ,committee on ,ways and ,means1 the ,committee on the ,judiciary and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,relations of the ,senate4 7#d7 ,foreign person ,the term foreign person has the meaning given such term in section #eid4cjd of title #ca1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act4 7#e7 ,hamas ,the term ,hamas means-- 7,a7 the entity known as ,hamas and designated by the ,secretary of ,state as a foreign terrorist organization pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi72 or 7,b7 any person identified as an agent1 instrumentality1 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 ,treasury1 the property or interests in property of which are blocked pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq474 7#f7 ,united ,states person ,the term ,united ,states person has the meaning given such term in section #eid4cae of title #ca1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act4 ,passed the ,house of ,representatives ,february #ad1 #bjah4;,clerk4