,,ii #aahth ,,congress #ast ,session ,s4 #caff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #cj1 #bjbc,mr4 ,cruz introduced the following bill2 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 ,bank1 to suspend foreign assistance to the ,gaza ,strip until ,hamas no longer exercises authority over the ,gaza ,strip1 and to require reports and impose sanctions with respect to the provision of services to ,hamas1 financial transactions that benefit the ,islamic ,republic of ,iran1 and the use of human shields1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,hamas ,sanctions ,act of #bjbc4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,sanctions and reports with respect to provision of services to ,hamas in allied countries,sec4 #aja4 ,definitions4,sec4 #ajb4 ,statement of policy4,sec4 #ajc4 ,report on provision of services to members of ,hamas in allied countries2 imposition of sanctions4,,title ,,ii--,limitations on official business in and assistance to the ,west ,bank and the ,gaza ,strip,sec4 #bja4 ,prohibition on actions that would authorize conduct of official ,united ,states ,government business in the ,gaza ,strip or the ,west ,bank4,sec4 #bjb4 ,limitation on assistance to the ,gaza ,strip4,sec4 #bjc4 ,expansion of prohibitions on assistance to the ,west ,bank4,,title ,,iii--,sanctions and reports with respect to transactions that benefit ,iran,sec4 #cja4 ,definitions4,sec4 #cjb4 ,report on certain financial transactions that benefit the ,islamic ,republic of ,iran2 imposition of sanctions4,sec4 #cjc4 ,prohibition on actions altering application of certain sanctions with respect to the ,islamic ,republic of ,iran4,,title ,,iv--,sanctions and reports with respect to use of human shields,sec4 #dja4 ,statement of policy4,sec4 #djb4 ,modification and extension of ,sanctioning the ,use of ,civilians as ,defenseless ,shields ,act4,sec4 #djc4 ,report on countering the use of human shields4,sec4 #djd4 ,recurring report on use of human shields by ,iranian-funded terrorist groups4 ,i ,sanctions and reports with respect to provision of services to ,hamas in allied countries #aja4 ,definitions ,in this title3 7#a7 ,allied country ,the term allied country means-- 7,a7 a country that is a member of the ,north ,atlantic ,treaty ,organization2 or 7,b7 a country that has been designated as a major non-,,nato ally under section #eag of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcbak74 7#b7 ,foreign person ,the term foreign person means an individual or entity that is not a ,united ,states person4 7#c7 ,member or affiliate of ,hamas ,the term member or affiliate of ,hamas includes-- 7,a7 an official1 agent1 member1 or affiliate of ,hamas2 7,b7 an official1 agent1 member1 or affiliate of-- 7i7 the ,palestine ,islamic ,jihad2 7ii7 the ,popular ,resistance ,committees2 7iii7 the ,abd ,al-,qadir ,al-,husseini ,brigades2 7iv7 the ,democratic ,front for the ,liberation of ,palestine2 7v7 the ,lion's ,den2 7vi7 ,liwa al-,quds2 7vii7 ,liwa ,fatemiyoun2 7viii7 ,liwa ,zeynabiyoun2 or 7ix7 the ,palestinian ,mujahideen ,movement2 7,c7 any successor to a person described in subparagraph 7,a7 or 7,b72 or 7,d7 any foreign person owned or controlled by a person described in subparagraph 7,a7 or 7,b74 7#d7 ,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 terrorism1 for purposes of-- 7,a7 section #aged7;c77#a77;,a77i7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c77#a77;,a77i772 7,b7 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga72 7,c7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7,d7 any other provision of law4 7#e7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for the permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #ajb4 ,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 ,hamas1 including by denying members or affiliates of ,hamas the ability to operate or reside in the territories of allied countries4 #ajc4 ,report on provision of services to members or affiliates of ,hamas in allied countries2 imposition of sanctions 7a7 ,identification of members or affiliates of ,hamas ,not later than #ae days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 shall submit to ,congress a report listing all foreign persons currently known to the ,united ,states to be a member or affiliate of ,hamas4 7b7 ,report on provision of services to members or affiliates of ,hamas in allied countries 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 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 countries4 7#b7 ,elements ,the report required by paragraph 7#a7 shall include-- 7,a7 a list of allied countries in the territory of which members or affiliates of ,hamas are known to operate or reside2 7,b7 a list of any foreign persons in an allied country that provide services to members or affiliates of ,hamas1 including-- 7i7 lodging2 7ii7 utilities2 7iii7 services provided by paid lodging facilities1 including laundry and room service2 7iv7 the provision of facilities for meetings2 or 7v7 personal banking services2 7,c7 for each country on the list required by subparagraph 7,a71 a determination of whether allowing the provision of services to members or affiliates of ,hamas1 including services described in subparagraph 7,b71 in the territory of the country results in the country meeting the criteria for designation as a state sponsor of terrorism2 and 7,d7 a description of actions taken by ,united ,states diplomats to encourage countries on the list required by subparagraph 7,a7 to cease allowing members or affiliates of ,hamas to operate or reside in those countries4 7c7 ,sanctions 7#a7 ,in general ,the ,president shall impose the sanctions described in paragraph 7#b7 with respect to each foreign person on the list required by subsection 7a7 or 7b77#b77;,b74 7#b7 ,sanctions described ,the sanctions described in this paragraph are-- 7,a7 the sanctions applicable under ,executive ,order #acbbd 7#ej ,u4,s4,c4 #agja note2 relating to blocking property and prohibiting transactions with persons who commit1 threaten to commit1 or support terrorism72 and 7,b7 inclusion on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury4 ,,ii ,limitations on official business in and assistance to the ,west ,bank and the ,gaza ,strip #bja4 ,prohibition on actions that would authorize conduct of official ,united ,states ,government business in the ,gaza ,strip or the ,west ,bank 7a7 ,in general ,beginning on the date of the enactment of this ,act1 the ,president may not take any action described in subsection 7c7 if taking such action would authorize the conduct of the official business of the ,united ,states ,government by employees1 grantees1 or contractors thereof in the ,west ,bank or ,gaza ,strip that would otherwise be prohibited by the ,global ,terrorism ,sanctions ,regulations under part #eid of title #ca1 ,code of ,federal ,regulations1 or the ,foreign ,terrorist ,organizations ,sanctions ,regulations under part #eig of that title4 7b7 ,application to existing actions ,any action described in subsection 7c7 that was taken before the date of the enactment of this ,act is rescinded4 7c7 ,actions described ,an action described in this subsection is an action that reduces the application of the ,global ,terrorism ,sanctions ,regulations under part #eid of title #ca1 ,code of ,federal ,regulations1 or the ,foreign ,terrorist ,organizations ,sanctions ,regulations under part #eig of that title1 including-- 7#a7 any termination or waiver of the application of sanctions2 7#b7 any licensing action2 or 7#c7 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 ,treasury4 #bjb4 ,limitation on assistance to the ,gaza ,strip 7a7 ,in general ,none of the funds described in subsection 7b7 may be obligated or expended unless the ,president1 during the #ij-;day period immediately preceding such obligation or expenditure1 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 ,strip4 7b7 ,funds described ,the funds described in this subsection are ,federal funds appropriated for-- 7#a7 assistance to the ,gaza ,strip2 or 7#b7 contributions to the ,united ,nations ,relief and ,works ,agency for ,palestine ,refugees in the ,near ,east1 to any successor or related entity1 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 entity4 #bjc4 ,expansion of prohibitions on assistance to the ,west ,bank ,section #ajjd7;a77#a7 of the ,taylor ,force ,act 7#bb ,u4,s4,c4 #bcgh;c-#a7 is amended by striking that directly benefits the ,palestinian ,authority4 ,,iii ,sanctions and reports with respect to transactions that benefit ,iran #cja4 ,definitions ,in this title3 7#a7 ,foreign person ,the term foreign person means an individual or entity that is not a ,united ,states person4 7#b7 ,united states person the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #cjb4 ,report on certain financial transactions that benefit the ,islamic ,republic of ,iran2 imposition of sanctions 7a7 ,report required 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 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 ,iran4 7#b7 ,elements ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,a list of foreign persons that-- 7i7 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 #a1 #bjbc1 and the date of the enactment of this ,act1 that would be subject to the restrictions described in section #abde7;d7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#bb ,u4,s4,c4 #heac;a7d77 but for the issuance of a waiver under paragraph 7#e7 of that section2 7ii7 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 #abde7;d72 or 7iii7 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 currency4 7,b7 ,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 ,iran1 including the following information for the vessel3 7i7 ,the ,international ,maritime ,organization number of the vessel4 7ii7 ,the vessel identification number4 7iii7 ,the current name and any past name of the vessel4 7iv7 ,any maritime classification society providing services for the vessel4 7v7 ,the current flag under which the vessel operates4 7vi7 ,any past flag under which the vessel operated4 7vii7 ,all owners and operators of the vessel4 7,c7 ,a description of actions taken by the ,secretary of ,state to engage maritime classification societies identified under subparagraph 7,b77iv71 and foreign governments that allow vessels described in subparagraph 7,b7 to fly their flag1 to ensure those societies and governments-- 7i7 are fully aware of the sanctions1 financial crimes1 and reputational risks involved in continuing to provide services to such vessels or to allow such vessels to fly their flag2 and 7ii7 cease providing those services or allowing such vessels to fly their flag1 as the case may be4 7b7 ,imposition of sanctions 7#a7 ,transactions ,notwithstanding the issuance of any waiver or license1 including ,general ,license #h issued by the ,office of ,foreign ,assets ,control1 the ,president shall impose the sanctions described in section #abde7;d77#a77;,a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#bb ,u4,s4,c4 #heac;a7d77#a77;,a77 with respect to any financial institution on the most recent list required by subsection 7a77#b77;,a74 7#b7 ,vessels ,the ,president shall-- 7,a7 impose the sanctions described in ,executive ,order #acchb 7#ej ,u4,s4,c4 #agja note2 relating to blocking property of weapons of mass destruction proliferators and their supporters7 with respect to-- 7i7 each vessel identified under subsection 7a77#b77;,b72 and 7ii7 each owner or operator of such a vessel identified under clause 7vii7 of that subsection2 and 7,b7 include each such vessel1 owner1 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 ,treasury4 #cjc4 ,prohibition on actions altering application of certain sanctions with respect to the ,islamic ,republic of ,iran 7a7 ,in general ,on and after the date of the enactment of this ,act1 the ,president may not take any action described in subsection 7c7 if taking the action would significantly alter the application of sanctions described in subsection 7d74 7b7 ,application to existing actions ,any action described in subsection 7c7 taken before the date of the enactment of this ,act is rescinded4 7c7 ,actions described ,an action described in this subsection is-- 7#a7 any termination or waiver of the application of sanctions described in subsection 7d72 7#b7 any licensing action with respect to such sanctions2 or 7#c7 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 ,treasury4 7d7 ,sanctions described ,the sanctions described in this subsection are sanctions under-- 7#a7 section #abde7;d77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#bb ,u4,s4,c4 #heac;a7d77#a772 and 7#b7 sections #abdd7;c77#a7 and #abdg7;a7 of ,iran ,freedom and ,counter-,proliferation ,act of #bjab 7#bb ,u4,s4,c4 #hhjc7;c77#a7 and #hhjf7;a774 ,,iv ,sanctions and reports with respect to use of human shields #dja4 ,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 shields4 #djb4 ,modification and extension of ,sanctioning the ,use of ,civilians as ,defenseless ,shields ,act 7a7 ,in general ,section #c of the ,sanctioning the ,use of ,civilians as ,defenseless ,shields ,act 7,public ,law #aae-cdh2 #ej ,u4,s4,c4 #agja note7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,each foreign person that the ,president determines1 on or after the date of the enactment of the ,hamas ,sanctions ,act of #bjbc-- 7,a7 is a member of ,palestine ,islamic ,jihad or is knowingly acting on behalf of ,palestine ,islamic ,jihad2 and 7,b7 knowingly orders1 controls1 or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack4 2 7#b7 by redesignating subsections 7e71 7f71 7g71 7h71 and 7i7 as subsections 7f71 7g71 7h71 7i71 and 7j71 respectively2 and 7#c7 by inserting after subsection 7d7 the following3 7e7 ,congressional requests ,not later than #abj 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 7b7 or 7c71 the ,president shall-- 7#a7 determine if the person meets such criteria2 and 7#b7 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 7b7 or 7c7 with respect to such person4 4 7b7 ,definitions ,section #d of the ,sanctioning the ,use of ,civilians as ,defenseless ,shields ,act 7,public ,law #aae-cdh2 #ej ,u4,s4,c4 #agja note7 is amended-- 7#a7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7#b7 by inserting after paragraph 7#f7 the following3 7#g7 ,palestine ,islamic ,jihad ,the term ,palestine ,islamic ,jihad means-- 7,a7 the entity known as ,palestine ,islamic ,jihad 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 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 ,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 4 7c7 ,sunset ,section #e of the ,sanctioning the ,use of ,civilians as ,defenseless ,shields ,act 7,public ,law #aae-cdh2 #ej ,u4,s4,c4 #agja note7 is amended by striking ,december #ca1 #bjbc and inserting ,december #ca1 #bjcj4 7d7 ,severability ,the ,sanctioning the ,use of ,civilians as ,defenseless ,shields ,act 7,public ,law #aae-cdh2 #ej ,u4,s4,c4 #agja note7 is amended by adding at the end the following3 #f4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is found to be unconstitutional1 the remainder of this ,act1 or the application of that provision to other persons or circumstances1 shall not be affected4 4 #djc4 ,report on countering the use of human shields 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to the congressional defense committees1 the ,committee on ,foreign ,relations of the ,senate1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives a report that contains the following3 7#a7 ,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 ,hamas1 ,hezbollah1 ,palestine ,islamic ,jihad1 and any other organization as determined by the ,secretary of ,defense4 7#b7 ,a description of a specific plan and actions being taken by the ,department of ,defense to incorporate the lessons learned as identified in paragraph 7#a7 into ,department of ,defense operating guidance1 relevant capabilities1 and tactics1 techniques1 and procedures to deter1 counter1 and address the challenge posed by the use of human shields and hold accountable terrorist organizations for the use of human shields4 7#c7 ,a description of specific measures being developed and implemented by the ,united ,states ,government to mobilize and leverage allied nations1 including member nations of the ,north ,atlantic ,treaty ,organization 7,,nato71 to deter1 counter1 and hold accountable terrorist organizations for the use of human shields4 7#d7 ,the current status of joint exercises1 doctrine development1 education1 and training on countering the use of human shields in multinational centers of excellence4 7#e7 ,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 shields4 7#f7 ,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 exercises1 doctrine development1 education1 and training on countering the use of human shields into multinational centers of excellence4 7b7 ,definition ,in this section1 the term multinational center of excellence has the meaning given that term in section #cdd of title #aj1 ,united ,states ,code4 #djd4 ,recurring report on use of human shields by ,iranian-funded terrorist groups 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,president shall submit to the congressional defense committees1 the ,committee on ,foreign ,relations of the ,senate1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives a report on the use of human shields by ,iranian funded terrorist groups4 7b7 ,contents ,each report submitted under subsection 7a7 shall include-- 7#a7 a list of ,palestinian terrorist groups-- 7,a7 that receive financial assistance or training primarily from ,iran2 or 7,b7 over which ,iran exerts undue influence2 7#b7 a list of foreign persons who are members of-- 7,a7 ,hezbollah's ,shura ,council2 7,b7 ,hezbollah's ,executive ,council2 7,c7 ,hamas's ,politburo2 7,d7 ,hamas's ,shura ,council2 and 7,e7 ,palestine ,islamic ,jihad's ,shura ,council2 7#c7 a determination1 with respect to each foreign person listed in paragraph 7#b71 whether1 during the relevant reporting period1 that person knowingly ordered1 controlled1 or otherwise directed the use of civilians protected as such by the law of war to shield military objectives from attack2 and 7#d7 for every positive determination under paragraph 7#c71 if sanctions have not been imposed on the foreign person under the ,sanctioning the ,use of ,civilians as ,defenseless ,shields ,act 7,public ,law #aae-cdh71 an explanation why such sanctions were not imposed4 7c7 ,relevant reporting period defined ,in this section1 the term relevant reporting period means-- 7#a7 for the first report-- 7,a7 in the case of members of ,hamas or ,hezbollah1 since the date of the enactment of the ,sanctioning the ,use of ,civilians as ,defenseless ,shields ,act 7,public ,law #aae-cdh2 #ej ,u4,s4,c4 #agja note72 and 7,b7 in the case of members of ,palestine ,islamic ,jihad1 since the date of the enactment of this ,act2 and 7#b7 for subsequent reports1 since the date of the last report4