text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Humanitarian Assistance Facilitation 
  Act of 2013''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) The 2011-2012 drought in East Africa, part of a 
          persistent weather trend in the region, was exacerbated by 
          stagnating agricultural development and unsustainable forms of 
          livelihood. Moreover, in Somalia, the hardest hit country in 
          the region, the terrorist group al-Shabaab obstructed the 
          delivery of humanitarian assistance and directly threatened aid 
          agencies. Thus, the famine was a foreseeable and, with 
          unimpeded delivery of aid, a preventable event.
              (2) It is estimated that 4 million Somalis were affected by 
          the drought and famine in the region and several million remain 
          vulnerable to this day. According to the May 2013 report issued 
          by the United Nations Food and Agriculture Organization and the 
          Famine Early Warning System Network, the Somalia famine 
          resulted in 258,000 deaths between October 2010 and April 2012. 
          More than half of those deaths were children under the age of 
          five.
              (3) Because of laws prohibiting activities that may 
          directly or indirectly support terrorist organizations, a 
          general or specific license issued by the Department of the 
          Treasury's Office of Foreign Assets Control (OFAC) is needed to 
          enable United States humanitarian organizations to legally 
          provide assistance in al-Shabaab-controlled areas of Somalia 
          particularly with respect to activities that require 
          interactions or dealings with al-Shabaab.
              (4) The United States Agency for International Development 
          (USAID) has an OFAC-specific license to operate in these 
          conditions in Somalia that covers the organizations that USAID 
          funds, but not organizations that operate with their own 
          funding or funding solely from non-United States Government 
          sources, and also not the non-United States Government funding 
          of organizations that operate with both United States 
          Government and non-United States Government funding, unless 
          USAID authorizes both types of funding to be covered under such 
          OFAC-specific license. Organizations that operate in al-
          Shabaab-controlled areas without such a license can be subject 
          to prosecution for violating United States law, at least with 
          respect to activities or transactions that involve al-Shabaab, 
          even incidentally.
              (5) Prior to OFAC issuing USAID its license, no licenses 
          for humanitarian assistance to the people of Somalia were 
          issued before the United Nations declared a famine in al-
          Shabaab-controlled areas of Somalia.
              (6) In pursuit of eliminating aid in any form to terrorist 
          organizations, Executive orders have had the effect of undoing 
          protections for humanitarian operations in areas controlled by 
          such organizations previously contained in the International 
          Emergency Economic Powers Act (50 U.S.C.1701 et seq.) and 
          sections 2339A and 2339B of title 18, United States Code 
          (commonly known as the ``Material Support Statutes''). 
          Furthermore, the prohibitions contained in such Executive 
          orders and the Material Support Statutes discouraged and, in 
          some instances, prohibited donors from contributing to aid 
          efforts for all of Somalia. In some cases, the unintended 
          consequences included preventing humanitarian organizations 
          from establishing access to civilians and providing them with 
          life-saving aid, while empowering terrorist organizations that 
          became the sole conduit of aid.
  
  SEC. 3. SENSE OF CONGRESS.
  
      It is the sense of Congress that humanitarian organizations, acting 
  in good faith and with the appropriate restrictions and controls in 
  place, should not be prevented, directly or indirectly by Executive 
  orders or counterterrorism laws, from accessing and providing aid to 
  civilian populations before or early on in humanitarian crises, such as 
  in the famine in al-Shabaab-controlled areas of Somalia.
  
  SEC. 4. AMENDMENTS TO SECTION 203 OF THE INTERNATIONAL EMERGENCY 
                ECONOMIC POWERS ACT.
  
      (a) Additional Exception.--
              (1) In general.--Section 203 of the International Emergency 
          Economic Powers Act (50 U.S.C. 1702) is amended--
                      (A) in subsection (b)(2)--
                              (i) by inserting after ``to relieve human 
                          suffering'' the following: ``including 
                          donations to foreign persons subject to 
                          sanctions under this Act in order to achieve 
                          such purposes,''; and
                              (ii) by striking ``or'' at the end;
                      (B) by redesignating subsection (c) as subsection 
                  (d); and
                      (C) by inserting after subsection (b) the 
                  following:
      ``(c) Additional Exception.--
              ``(1) In general.--The authority granted to the President 
          by this section does not include the authority to further 
          restrict, by regulation or otherwise, directly or indirectly--
                      ``(A) transactions, by a person subject to the 
                  jurisdiction of the United States, with a foreign 
                  person that is subject to sanctions under this Act that 
                  are customary, necessary, and incidental to the 
                  donation or provision of goods or services by the 
                  person subject to the jurisdiction of the United States 
                  or its foreign representatives to civilian populations 
                  to prevent or alleviate the suffering of such civilian 
                  populations, if--
                              ``(i) the person subject to the 
                          jurisdiction of the United States has acted in 
                          good faith without intent to further the aims 
                          or objectives of the foreign person and has 
                          used its best efforts to minimize any such 
                          transactions;
                              ``(ii) the goods or services provided to 
                          the civilian population--
                                      ``(I) are limited to articles such 
                                  as food, clothing, and medicine; and
                                      ``(II) are not capable of being 
                                  used to carry out any terrorist 
                                  activity (as defined in section 
                                  212(a)(3)(B)(iii) of the Immigration 
                                  and Nationality Act (8 U.S.C. 
                                  1182(a)(3)(B)(iii)));
                              ``(iii) the person subject to the 
                          jurisdiction of the United States--
                                      ``(I) prior to, or not later than 
                                  10 business days after, the first 
                                  instance of entering into any 
                                  transaction described in this 
                                  subparagraph, provides to the Secretary 
                                  of State initial notice summarizing the 
                                  nature and extent of its operations in 
                                  connection with providing such goods or 
                                  services; and
                                      ``(II) at least once each year 
                                  during which the person enters into any 
                                  transaction described in this 
                                  subparagraph, provides to the Secretary 
                                  of State subsequent notice summarizing 
                                  the nature and extent of its operations 
                                  in connection with donating or 
                                  providing such goods or services; and
                              ``(iv) the person, including any director, 
                          officer, or employee of the person, is not the 
                          subject of or directly named in any publicly-
                          available debarment, suspension, or Executive 
                          order that prohibits receipt of funding from 
                          the United States Government; and
                      ``(B) engaging in any speech or communication with 
                  a foreign person that is subject to sanctions under 
                  this Act to prevent or alleviate the suffering of a 
                  civilian population, including speech or communication 
                  to reduce or eliminate the frequency and severity of 
                  violent conflict and reducing its impact on the 
                  civilian population.
              ``(2) Rule of construction.--Nothing contained in paragraph 
          (1) shall be construed to authorize the President to prohibit 
          the export of standard, commercially-available goods or 
          services, including communications equipment, software and 
          computers, that are necessary to carry out operations related 
          to the provision of goods or services to prevent or alleviate 
          the suffering of civilian populations that are under the 
          control of a foreign person subject to sanctions under this 
          Act.''.
              (2) Effective date.--The amendments made by paragraph (1) 
          take effect on the date of enactment of this Act and apply with 
          respect to transactions described in section 203(c)(1) of the 
          International Emergency Economic Powers Act, as added by 
          paragraph (1), entered into on or after such date of enactment.
      (b) Advisory Council To Prevent and Alleviate Human Suffering in 
  Areas Under the Control of Certain Sanctioned Foreign Persons.--Section 
  203 of the International Emergency Economic Powers Act (50 U.S.C.1702), 
  as amended by subsection (a) of this section, is further amended by 
  adding at the end the following:
      ``(e) Advisory Council To Prevent and Respond to Human Suffering in 
  Areas Affected by Certain Sanctioned Foreign Persons.--
              ``(1) Establishment.--No later than 90 days after the date 
          of enactment of the Humanitarian Assistance Facilitation Act of 
          2013, the Secretary of State shall, in consultation with the 
          Attorney General, Secretary of Defense, Secretary of the 
          Treasury and the Secretary of Commerce, establish an Advisory 
          Council on United States Policy Related to Non-Governmental 
          Activities to Prevent and Respond to Human Suffering in Areas 
          Affected By Certain Sanctioned Foreign Persons (hereafter in 
          this subsection referred to as the `Advisory Council').
              ``(2) Membership.--The Advisory Council shall be composed 
          of not less than 15 members appointed by the Secretary of State 
          from among individuals who are experts in the fields of peace-
          building, humanitarian aid in areas of armed conflict, 
          representatives from organizations directly involved in the 
          delivery of aid in areas of armed conflict, and other experts 
          with relevant expertise as determined by the Secretary of 
          State.
              ``(3) Duties.--The Advisory Council shall--
                      ``(A) review existing laws, regulations, Executive 
                  orders, and administrative actions regulating or 
                  prohibiting, directly or indirectly, peacebuilding 
                  activities and the provision of humanitarian aid and 
                  development assistance in areas under the control of 
                  foreign persons that are subject to sanctions under 
                  United States law;
                      ``(B) conduct additional research and study as 
                  necessary on the subjects of counter-terrorism and 
                  security measures in relation to the delivery of 
                  humanitarian aid and development assistance;
                      ``(C) report to the Secretary of State on its 
                  findings; and
                      ``(D) make recommendations to the Secretary of 
                  State and other officials described in paragraph (1) 
                  (as appropriate) on the most efficient and effective 
                  means of limiting diversion of humanitarian aid and 
                  development assistance while also preserving the 
                  impartiality of humanitarian aid and development 
                  assistance and the ability of humanitarian 
                  organizations to prevent and relieve human suffering of 
                  civilian populations.
              ``(4) Termination.--Section 14(a)(2) of the Federal 
          Advisory Committee Act (5 U.S.C. App.) (relating to termination 
          of advisory committees) shall not apply to the Advisory 
          Council.''.
  
  SEC. 5. AMENDMENTS TO SECTION 2339B OF TITLE 18, UNITED STATES CODE.
  
      (a) Definition of Material Support or Resources.--Section 
  2339B(g)(4) of title 18, United States Code, is amended by adding at 
  the end before the semicolon the following: ``, except that such term 
  does not include engaging in speech or communication with a terrorist 
  organization to prevent or alleviate the suffering of a civilian 
  population, including speech or communication to reduce or eliminate 
  the frequency and severity of violent conflict and reducing its impact 
  on the civilian population''.
      (b) Additional Exception.--Section 2339B(j) of title 18, United 
  States Code, is amended--
              (1) by striking ``No person'' and inserting the following:
              ``(1) In general.--No person''; and
              (2) by adding at the end the following:
              ``(2) Additional exception.--No person may be prosecuted 
          under this section in connection with knowingly providing 
          `material support or resources' to a foreign terrorist 
          organization, or attempting or conspiring to do so, if--
                      ``(A) the material support or resources consists 
                  only of transactions that are customary, necessary, and 
                  incidental to the donation or provision of goods or 
                  services by persons who are not controlled by the 
                  foreign terrorist organization to civilian populations, 
                  if--
                              ``(i) the goods or services are limited 
                          articles such as food, clothing, and medicine 
                          intended to be used to relieve human suffering; 
                          and
                              ``(ii) the goods or services are not 
                          capable of being used to carry out any 
                          terrorist activity (as defined in section 
                          212(a)(3)(B)(iii) of the Immigration and 
                          Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)));
                      ``(B) the person, in donating or providing such 
                  goods or services to the civilian population, acts in 
                  good faith without intent to further the aims or 
                  objectives of the foreign terrorist organization and 
                  uses its best efforts to minimize any transaction with 
                  a foreign terrorist organization;
                      ``(C) the person--
                              ``(i) prior to, or not later than 10 
                          business days after, the first instance of 
                          entering into any transaction described in 
                          subparagraph (A), provides to the Secretary of 
                          State notice summarizing the nature and extent 
                          of its operations in connection with providing 
                          such goods or services; and
                              ``(ii) at least once each year during which 
                          the person enters into any transaction 
                          described in subparagraph (A), provides to the 
                          Secretary of State notice summarizing the 
                          nature and extent of its operations in 
                          connection with providing such goods or 
                          services; and
                      ``(D) the person donating or providing such goods 
                  or services, including any director, officer, or 
                  employee of the person is not the subject of or 
                  directly named in any publicly-available debarment, 
                  suspension, or Executive order that prohibits receipt 
                  of funding from the Federal Government.''.
              (3) Effective date.--The amendments made by paragraphs (1) 
          and (2) take effect on the date of enactment of this Act and 
          apply with respect to transactions described in section 
          2339B(j)(2) of title 18, United States Code, as added by 
          paragraph (2), entered into on or after such date of enactment.
target: Humanitarian Assistance Facilitation Act of 2013 - Expresses the sense of Congress that humanitarian organizations acting in good faith and with the appropriate restrictions and controls in place should not be prevented from providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. Amends the International Emergency Economic Powers Act to permit under specified conditions persons subject to U.S. jurisdiction to enter into transactions with certain sanctioned foreign persons that are customary, necessary, and incidental to the donation or provision of goods or services to prevent or alleviate the suffering of civilian populations. Directs the Secretary of State to establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons. Amends the federal criminal code to exclude from the definition of &quot;material support or resources&quot; (regarding foreign terrorist organizations) engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population.
feat_title: Humanitarian Assistance Facilitation Act of 2013