S.3634 The Accountability for Withholding Aid and Relief Essentials 6 Act of 2026’ or the ‘‘AWARE Act of 2026’’

S.3634 was introduced on January 14, 2026 by Senator Ron Wyden (D-Ore). It is currently pending before the Senate Foreign Relations Committee, and has no co-sponsors.

Related legislation:

Bill Summary: The Accountability for Withholding Aid and Relief Essentials Act of 2026 (AWARE Act) expresses the sense of Congress regarding the conduct of the Netanyahu administration in Gaza and establishes a sanctions framework to deter governments from obstructing humanitarian assistance to civilian populations. Drawing on congressional findings documenting the obstruction of humanitarian aid, widespread civilian suffering, and the role of Israeli government policies and aid distribution mechanisms, including the Gaza Humanitarian Foundation, the Bill affirms that civilians are entitled to sufficient humanitarian assistance and articulates U.S. policy opposing the use of deprivation or starvation as a method of governance or warfare. The Bill directs the President to identify by name foreign government officials, senior military officers, and affiliated individuals or entities who are determined to be responsible for restricting, diminishing, or preventing the delivery and distribution of humanitarian assistance in territories under their control. It requires the executive branch to submit an initial and annual report to Congress identifying such covered persons, providing justification for each designation, and detailing any sanctions imposed or waived. The Bill also provides a mechanism for Congress to require justifications from the Administration if a covered person is not reported to Congress, and for Congress to nominate covered persons for sanctions consideration.

The legislation mandates the imposition of diplomatic and financial sanctions on designated covered persons, including visa ineligibility, revocation of existing entry documentation, and the blocking of property and interests in property subject to U.S. jurisdiction pursuant to the International Emergency Economic Powers Act. The Bill explicitly exempts humanitarian assistance, humanitarian-related transactions, and the importation of goods from sanctions. It authorizes the President to waive sanctions on national security grounds for renewable periods, subject to detailed reporting requirements and a structured congressional review process that provides Congress with expedited procedures to approve or disapprove such actions. The Act further establishes procedures for the termination of sanctions on individuals or country programs, includes robust congressional oversight provisions, sets a ten-year sunset, and contains a severability clause to preserve the remainder of the Act if any provision is held unconstitutional.

Context: The AWARE Act is introduced amid a prolonged humanitarian crisis in Gaza that the Bill describes in detail which has been characterized by severe and intentional restrictions on the delivery and distribution of humanitarian assistance resulting in widespread civilian suffering, and critical levels of starvation and malnutrition. The Bill’s findings document extensive evidence that policies implemented by the Netanyahu administration, including restrictions on aid access, distribution mechanisms, and coordination with humanitarian organizations, have contributed to conditions that undermine civilian protection and violate international humanitarian norms. These conditions have exacerbated regional instability and eroded U.S. credibility and influence by associating American foreign policy with the denial of essential humanitarian relief to a civilian population, while the continuation of U.S. military support to Israel during the same period has raised serious credible concerns about American complicity amid documented civilian harm, including deaths of children and adult civilians seeking food.

By establishing a sanctions framework targeting individual political, military, and affiliated actors responsible for obstructing humanitarian assistance, the AWARE Act seeks to introduce accountability mechanisms that have largely been absent in U.S. policy responses to the crisis in Gaza. The legislation reflects a broader effort to deter similar conduct by foreign governments, reinforce civilian protection standards, and prevent the use of humanitarian access as a tool of political or military leverage, while avoiding collective punishment or the restriction of humanitarian aid itself.

American Values Analysis: The AWARE Act reinforces congressional oversight of U.S. foreign policy by establishing consequences for foreign government officials who obstruct humanitarian assistance to civilians. Grounded in protections for civilian populations, access to basic humanitarian necessities, and adherence to international humanitarian norms, the Bill affirms that starvation and the denial of aid to civilians are inconsistent with core American values and the protection of noncombatants in armed conflict.

American Interest Analysis:  The AWARE Act advances American interests by seeking to deter the obstruction of humanitarian assistance that has contributed to widespread civilian suffering in Gaza and undermined regional stability. The Bill responds to documented restrictions on aid delivery, the resulting humanitarian crisis, and the erosion of civilian protections, conditions that damage U.S. credibility, weaken adherence to international humanitarian norms, and exacerbate long term instability. While the Act establishes meaningful accountability mechanisms, it does not explicitly require the President to apply sanctions to Israeli government officials identified in the Bill’s findings, leaving enforcement dependent on executive discretion and falling short of fully aligning accountability with stated American interests.

A New Policy’s Recommendation: SUPPORT

A New Policy welcomes Senator Wyden's voice and introduction of the Aware Act.  A  New Policy notes language in the Sense of Congress section stating that “Israel has the right to self-defense and the United States is committed to helping Israel safeguard its people from future aggression;” to reflect the balance otherwise demonstrated in the Bill, A New Policy recommends amending this language to replace it with  “It is the sense of Congress that the United States is committed to helping the Israeli and Palestinian people secure a just and lasting peace.” 

For more information please contact: Josh Paul, (202) 770-0055, info@anewpolicy.org