[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5917 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5917
To amend the Sanctioning the Use of Civilians as Defenseless Shields
Act to modify and extend that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 10, 2023
Mr. Gallagher (for himself and Mr. Sherman) introduced the following
bill
October 25, 2023
Referred to the Committee on Foreign Affairs, and in addition to the
Committees on the Judiciary, and Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Sanctioning the Use of Civilians as Defenseless Shields
Act to modify and extend that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Tools to Counter the
Use of Human Shields Act''.
SEC. 2. 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 shields.
SEC. 3. MODIFICATION AND EXTENSION OF SANCTIONING THE USE OF CIVILIANS
AS DEFENSELESS SHIELDS ACT.
(a) In General.--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--
(1) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following:
``(3) Each foreign person that the President determines, on
or after the date of the enactment of the Strengthening Tools
to Counter the Use of Human Shields Act--
``(A) is a member of Palestine Islamic Jihad or is
knowingly acting on behalf of Palestine Islamic Jihad;
and
``(B) knowingly orders, controls, or otherwise
directs the use of civilians protected as such by the
law of war to shield military objectives from
attack.'';
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
and
(3) by inserting after subsection (d) the following:
``(e) Congressional Requests.--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--
``(1) determine if the person meets such criteria; and
``(2) 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.''.
(b) Definitions.--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--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
``(7) Palestine islamic jihad.--The term `Palestine Islamic
Jihad' means--
``(A) 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
``(B) 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.).''.
(c) Sunset.--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''.
(d) Severability.--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:
``SEC. 6. SEVERABILITY.
``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.''.
SEC. 4. REPORT ON COUNTERING THE USE OF HUMAN SHIELDS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign Relations of
the Senate a report that contains the following:
(1) 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 Hamas,
Hezbollah, Palestine Islamic Jihad, and any other organization
as determined by the Secretary of Defense.
(2) A description of a specific plan and actions being
taken by the Department of Defense to incorporate the lessons
learned as identified in paragraph (1) into Department of
Defense operating guidance, relevant capabilities, and tactics,
techniques, and procedures to deter, counter, and address the
challenge posed by the use of human shields and hold
accountable terrorist organizations for the use of human
shields.
(3) A description of specific measures being developed and
implemented by the United States Government to mobilize and
leverage allied nations, including member nations of the North
Atlantic Treaty Organization (NATO), to deter, counter, and
hold accountable terrorist organizations for the use of human
shields.
(4) The current status of joint exercises, doctrine
development, education, and training on countering the use of
human shields in multinational centers of excellence.
(5) 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 shields.
(6) 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 exercises, doctrine development,
education, and training on countering the use of human shields
into multinational centers of excellence.
(b) Definition.--In this section, the term ``multinational center
of excellence'' has the meaning given that term in section 344 of title
10, United States Code.
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