Sec. 402. Modification and extension of Sanctioning the Use of Civilians as Defenseless Shields Act
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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— in subsection (b)— by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following: Each foreign person that the President determines, on or after the date of the enactment of the Hamas Sanctions Act of 2023 — is a member of Palestine Islamic Jihad or is knowingly acting on behalf of Palestine Islamic Jihad; and knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. ; by redesignating subsections (e), (f), (g), (h), and
(i)as subsections (f), (g), (h), (i), and (j), respectively; and by inserting after subsection
(d)the following: 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— determine if the person meets such criteria; and 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. . 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— by redesignating paragraph
(7)as paragraph (8); and by inserting after paragraph
(6)the following: The term Palestine Islamic Jihad means— 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 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. ). . 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 . 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: 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. .
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Sec. 402
Modification and extension of Sanctioning the Use of Civilians as Defenseless Shields Act
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