[Congressional Record Volume 164, Number 28 (Tuesday, February 13, 2018)]
[House]
[Pages H1083-H1087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   HAMAS HUMAN SHIELDS PREVENTION ACT

  Mr. WILSON of South Carolina. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 3542) to impose sanctions against Hamas 
for gross violations of internationally recognized human rights by 
reason of the use of civilians as human shields, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3542

       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 ``Hamas Human Shields 
     Prevention Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The international law of armed conflict prohibits, 
     during any armed conflict, the exploitation of the presence 
     of civilians, or movement of civilians, in an effort to 
     impede attack on or otherwise shield lawful targets from 
     attack.
       (2) Violation of this obligation is commonly referred to as 
     using persons as ``human shields'', the unlawful exploitation 
     of civilian persons or property in an attempt to impede 
     attack on or otherwise shield lawful targets from attack.
       (3) The international law of armed conflict also prohibits 
     exposing prisoners of war, other detainees, or the wounded 
     and sick to unnecessary risks resulting from the conduct of 
     hostilities, which clearly includes a prohibition against 
     using such personnel in an effort to impede attack on or 
     otherwise shield lawful targets from attack.
       (4) Under the international law of armed conflict, the use 
     of human shields is a critical consideration when assessing 
     whether infliction of civilian harm by a party to the 
     conflict was in fact unreasonable under the circumstances.
       (5) Throughout the violent takeover of Gaza by Hamas in 
     2007, the organization engaged in summary executions and 
     torture, and put the lives of civilians at constant risk.
       (6) Since that 2007 takeover of Gaza, Hamas forces have 
     repeatedly fired rockets into Israel in an indiscriminate 
     manner, routinely striking civilian population areas that 
     cannot plausibly be considered lawful military targets.
       (7) Hamas attacks are routinely launched from firing 
     positions in areas of dense civilian population, often in or 
     near schools, mosques, or hospitals, with no plausible 
     justification based on military necessity.
       (8) Unlawful Hamas tactics also include routinely forcing 
     Palestinian civilians to gather on the roofs of their homes 
     to act as human shields.
       (9) Because these Hamas tactics cannot be justified by 
     military necessity, they indicate an effort to endanger both 
     Israeli and Palestinian civilians.
       (10) The Israel Defense Force, in response to such serious 
     violations by Hamas, has vigorously taken all feasible 
     precautions to

[[Page H1084]]

     minimize civilian casualties and protect civilian objects, in 
     accordance with the international laws of armed conflict. 
     Such tactics have included providing warnings to civilians 
     when feasible.
       (11) Since 2010, Hamas has enlisted children to work as 
     laborers in the tunnel networks between Gaza and Egypt.
       (12) On June 9, 2017, the United Nations Relief and Works 
     Agency announced it had discovered Hamas tunnels under two of 
     its schools in the Gaza Strip, adding it was ``unacceptable 
     that students and staff are placed at risk in such a way''.
       (13) Hamas was designated as a foreign terrorist 
     organization by the Secretary of State on October 8, 1997.
       (14) In addition to Hamas, other armed groups, such as 
     Hezbollah, the Islamic State, al-Qa'ida, and al-Shabaab, 
     typically use civilians as human shields.

     SEC. 3. STATEMENT OF POLICY.

       It shall be the policy of the United States to--
       (1) officially and publicly condemn Hamas for violating the 
     international law of armed conflict by exploiting civilians, 
     civilian property, and other specially protected personnel 
     and facilities, in an effort to shield military targets from 
     lawful attack; and
       (2) take effective action against those knowingly engaging 
     in, supporting, facilitating, or enabling such undisputed 
     violations of international law through the use of human 
     shields.

     SEC. 4. UNITED NATIONS SECURITY COUNCIL.

       The President should direct the United States Permanent 
     Representative to the United Nations to use the voice, vote, 
     and influence of the United States at the United Nations 
     Security Council to secure support for a resolution that 
     would--
       (1) impose multilateral sanctions against Hamas for the use 
     of human shields;
       (2) require member nations to take specific steps to 
     prevent the use of human shields and impose consequences on 
     those who use human shields;
       (3) require the United Nations to track and report the use 
     of human shields in any conflict monitored by an organization 
     or agency of the United Nations; and
       (4) specify steps to prevent, and consequences for, the use 
     of United Nations employees as human shields or the use of 
     United Nations facilities or infrastructure to enable the use 
     of civilians as human shields.

     SEC. 5. SANCTIONS ON FOREIGN PERSONS RESPONSIBLE FOR GROSS 
                   VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN 
                   RIGHTS.

       (a) In General.--The President shall impose sanctions 
     described in subsection (c) with respect to each person on 
     the list required under subsection (b).
       (b) List.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall transmit to 
     the appropriate congressional committees a list of the 
     following:
       (A) Each foreign person that the President determines--
       (i) is a member of Hamas or is acting on behalf of Hamas; 
     and
       (ii) on or after the date of the enactment of this Act, 
     knowingly orders, controls, or otherwise directs or is 
     complicit in, any unlawful attempt to use civilians, civilian 
     property, or other protected persons to shields military 
     objectives from lawful attack.
       (B) Each foreign person, or each agency or instrumentality 
     of a foreign state, that the President determines has 
     knowingly, on or after the date of the enactment of this 
     Act--
       (i) significantly facilitated, directly or indirectly, any 
     act described in subparagraph (A)(ii) by a person described 
     in subparagraph (A)(ii); or
       (ii) attempted to facilitate or support any such person.
       (2) Updates.--The President shall transmit to the 
     appropriate congressional committees an update of the list 
     required under paragraph (1)--
       (A) not later than one year after the date of transmission 
     of such list, and annually thereafter for 3 years; and
       (B) as new information becomes available.
       (c) Sanctions Described.--The sanctions to be imposed on a 
     foreign person or an agency or instrumentality of a foreign 
     state on the list required under subsection (b) are the 
     following:
       (1) Blocking of property.--The President shall exercise all 
     of the powers granted to the President under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) to the extent necessary to block and prohibit all 
     transactions in property and interests in property of the 
     foreign person or of such agency or instrumentality of a 
     foreign state if such property or interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (2) Aliens ineligible for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien who the 
     Secretary of State or the Secretary of Homeland Security (or 
     a designee of either such Secretary) determines is a foreign 
     person on the list required under subsection (b) is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--Any visa or other documentation issued to 
     an alien who is a foreign person on the list required under 
     subsection (b), regardless of when such visa or other 
     documentation was issued, shall be revoked and such alien 
     shall be denied admission to the United States.
       (ii) Effect of revocation.--A revocation under clause (i)--

       (I) shall take effect immediately; and
       (II) shall automatically cancel any other valid visa or 
     documentation that is in the possession of the alien who is 
     the subject of such revocation.

       (C) Exception to comply with united nations headquarters 
     agreement.--The sanctions under this paragraph shall not be 
     imposed on an individual if admitting such individual to the 
     United States is necessary to permit the United States to 
     comply with the Agreement regarding the Headquarters of the 
     United Nations, signed at Lake Success June 26, 1947, and 
     entered into force November 21, 1947, between the United 
     Nations and the United States, or with other applicable 
     international agreements.
       (d) Waiver.--The President may, on a case-by-case basis, 
     waive the application of a sanction under this section with 
     respect to a person or an agency or instrumentality of a 
     foreign state for periods not longer than 180 days if the 
     President certifies to the appropriate congressional 
     committees that such waiver is in the national security 
     interest of the United States.
       (e) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to any 
     person that violates, attempts to violate, conspires to 
     violate, or causes a violation of any regulation promulgated 
     to carry out this section to the same extent that such 
     penalties apply to a person that commits an unlawful act 
     described in section 206(a) of such Act.
       (f) Regulations.--
       (1) In general.--The President may exercise all authorities 
     provided to the President under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) for purposes of carrying out this section.
       (2) Issuance of regulations.--Not later than 180 days after 
     the date of the enactment of this Act, the President shall 
     prescribe such regulations as may be necessary to implement 
     this section.
       (g) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to limit the authorities of the President pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) or any other relevant provision of law; or
       (2) to apply with respect to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized 
     intelligence activities of the United States.

     SEC. 6. DEFINITIONS.

       In this Act:
       (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
     have the meanings given such terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Agency or instrumentality of a foreign state.--The term 
     ``agency or instrumentality of a foreign state'' has the 
     meaning given such term in section 1603(b) of title 28, 
     United States Code.
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Financial Services, the Committee on 
     Ways and Means, the Committee on the Judiciary and the 
     Committee on Foreign Affairs of the House of Representatives; 
     and
       (B) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on the Judiciary, and the Committee on Foreign 
     Relations of the Senate.
       (4) Foreign person.--The term ``foreign person'' has the 
     meaning given such term in section 594.304 of title 31, Code 
     of Federal Regulations, as in effect on the date of the 
     enactment of this Act.
       (5) Hamas.--The term ``Hamas'' means--
       (A) the entity known as Hamas 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, instrumentality, or 
     affiliate of Hamas on the list of specially designated 
     nationals and blocked persons maintained by the Office of 
     Foreign Asset Control of the Department of 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.).
       (6) United states person.--The term ``United States 
     person'' has the meaning given such term in section 594.315 
     of title 31, Code of Federal Regulations, as in effect on the 
     date of the enactment of this Act.

  The SPEAKER pro tempore (Mr. Mooney of West Virginia). Pursuant to 
the rule, the gentleman from South Carolina (Mr. Wilson) and the 
gentleman from California (Mr. Sherman) each will control 20 minutes.
  The Chair recognizes the gentleman from South Carolina.


                             General Leave

  Mr. WILSON of South Carolina. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative

[[Page H1085]]

days to revise and extend their remarks and to include extraneous 
material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from South Carolina?
  There was no objection.
  Mr. WILSON of South Carolina. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I am grateful for the coauthor of this legislation and a 
good friend, Congressman Seth Moulton from Massachusetts, a valued Iraq 
veteran; as well as the original cosponsors, Congresswoman Ileana Ros-
Lehtinen and Congressman Ted Deutch. I also appreciate Chairman Ed 
Royce and the House Foreign Affairs Committee for allowing it to 
proceed to a floor vote.
  H.R. 3542, the Hamas Human Shields Prevention Act, will sanction 
Hamas for violating human rights standards by using civilians as human 
shields.
  For far too long, Hamas has taken shelter and launched offenses 
against Israel from civilian areas, including schools, hospitals, and 
mosques. Their cowardly actions knowingly and carelessly put innocent 
lives at risk and are a gross violation of human rights and 
international law.
  Last June, the United Nations Relief and Works Agency, UNRWA, 
discovered Hamas tunnels under two of its schools in Gaza, 
demonstrating how they knowingly integrate terrorist operations with 
children in civilian areas.
  Sadly, the Iranians and Hamas are willing to fight to the last 
Palestinian man, woman, and child in their quest to annihilate the 
people of Israel. Yet neither Hamas nor Iran have been properly held 
accountable by responsible nations for their crimes against humanity. 
Unfortunately, the prior U.S. administration never raised this as a 
serious issue with the Iranians. The cowardly Iranians and Hamas 
sacrifice innocent Palestinians for their self-destructive ideology.
  The world must face the threat of Hamas as it continues to perpetrate 
atrocities against civilians by using them as human shields. This 
legislation imposes direct sanctions against any Hamas terrorist who is 
responsible for using human shields.
  This bill, Hamas Human Shields Prevention Act, encourages the U.S. 
Permanent Representative to the United Nations to secure a U.N. 
Security Council multilateral resolution imposing sanctions against 
Hamas for the use of human shields. It would also sanction foreign 
governments and individuals who provide material and financial support 
to Hamas, which would cut off the resources that allow Hamas to 
terrorize civilians.
  I appreciate that Ambassador Nikki Haley has been outspoken against 
the murderous terrorists in the global war on terrorism. I believe this 
legislation will promote working to ensure that lives of innocent 
civilians of the citizens of Gaza are spared by proactively imposing 
strong sanctions against Hamas and their murderous actions.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                 Washington, DC, February 7, 2018.
     Hon. Edward R. Royce,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Chairman Royce: I write with respect to H.R. 3542, the 
     ``Hamas Human Shields Prevention Act.'' As a result of your 
     having consulted with us on provisions within H.R. 3542 that 
     fall within the Rule X jurisdiction of the Committee on the 
     Judiciary, I forego any further consideration of this bill so 
     that it may proceed expeditiously to the House floor for 
     consideration.
       The Judiciary Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 3542 at 
     this time, we do not waive any jurisdiction over subject 
     matter contained in this or similar legislation and that our 
     committee will be appropriately consulted and involved as 
     this bill or similar legislation moves forward so that we may 
     address any remaining issues in our jurisdiction. Our 
     committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation and asks 
     that you support any such request.
       I would appreciate a response to this letter confirming 
     this understanding with respect to H.R. 3542 and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during floor 
     consideration of the bill.
           Sincerely,
                                                    Bob Goodlatte,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                 Washington, DC, February 7, 2018.
     Hon. Bob Goodlatte,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Chairman Goodlatte: Thank you for consulting with the 
     Foreign Affairs Committee and agreeing to be discharged from 
     further consideration of H.R. 3542, the Hamas Human Shields 
     Prevention Act, so that the bill may proceed expeditiously to 
     the House floor.
       I agree that your forgoing further action on this measure 
     does not in any way diminish or alter the jurisdiction of 
     your committee, or prejudice its jurisdictional prerogatives 
     on this bill or similar legislation in the future. I would 
     support your effort to seek appointment of an appropriate 
     number of conferees from your committee to any House-Senate 
     conference on this legislation.
       I will seek to place our letters on H.R. 3542 into the 
     Congressional Record during floor consideration of the bill. 
     I appreciate your cooperation regarding this legislation and 
     look forward to continuing to work together as this measure 
     moves through the legislative process.
           Sincerely,
                                                  Edward R. Royce,
                                                         Chairman.

  Mr. SHERMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3542, the Hamas Human Shields 
Prevention Act.
  Mr. Speaker, this is an act that came before our committee and was 
adopted unanimously by voice vote. I was there. My hearing has been 
tested recently, and there was not one dissenting voice. I thank 
Representatives Wilson and Moulton for their leadership in authoring 
the Hamas Human Shields Prevention Act, and I am proud to be a 
cosponsor.
  This legislation calls out the cowardly use of human shields by Hamas 
and the Palestinian Islamic Jihad. It sanctions anyone who supports or 
takes part in this horrific practice.
  Let us be perfectly clear about what is at stake. There are 
designated terrorist entities using innocent civilians, even innocent 
children, as a means to camouflage their arsenals. Every time Hamas 
does this, every time it is done by Palestinian Islamic Jihad, the 
leadership is making a horrific statement: they put a higher value on 
their efforts to kill Israeli civilians than they do on the lives of 
Gaza's civilians.
  Keep in mind, this practice is a violation of the Geneva Conventions 
and the rules and laws of war. It is a war crime and should, indeed, be 
sanctioned by the United Nations.
  First and foremost, this is an issue of basic human rights. Hamas has 
forced civilians to gather on the roofs of their homes so they can hide 
terrorist military leaders and weapons below. Hamas has even built 
their tunnels that they use to move weapons and fighters right under 
civilian infrastructure. This puts hospitals, schools, mosques, 
markets, and innocent Palestinians at great risk.
  It doesn't stop there. Hamas purposely puts rockets in U.N. 
facilities, compelling the U.N. to launch daily inspections of each of 
their facilities during times of heightened tension and putting 
international personnel in harm's way.
  Hamas' use of human shields also raises important national security 
concerns for Israel. Unlike Palestinian terrorist groups--groups that 
seek to kill as many Israeli civilians as possible--in contrast with 
that, the Israeli Defense Forces are not blind and cannot be blind to 
the plight of innocent civilians.
  That is why the Israeli Government has tried to warn Palestinian 
civilians of upcoming strikes, including evacuation notices, text 
messages and calls, and even low-explosive warning ``knocks.'' These 
warnings don't just give innocent civilians the opportunity to 
evacuate. They also put the terrorists on notice that strikes are 
imminent, giving them an opportunity to escape.
  The Israeli Government has made an explicit decision. They care 
enough about warning and saving the lives of Palestinian civilians that 
they are willing to give an advantage to terrorist groups--groups who 
are trying to kill as many Israeli civilians as they possibly can.
  The contrast, therefore, is astounding. While Israel has made bold 
investments in early warning apps on Israeli phones and developed the 
Iron Dome, along with the United States, to protect Israeli civilians 
from incoming

[[Page H1086]]

missiles, Hamas makes no effort to protect Gaza civilians and engages 
in activities designed to cause Gaza civilians to be killed.
  Hamas puts innocent civilians in the line of fire. They hide their 
weapons and their leadership beneath schools and hospitals. Then, when 
Gaza children die, when innocent men and women are blown apart, Hamas' 
leadership cheers quietly at what they perceive as a propaganda coup 
against the Israeli Defense Forces.
  That is why I support sanctions against Hamas and any of its 
supporting organizations and individuals that facilitate the use of 
human shields.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
  Mr. WILSON of South Carolina. Mr. Speaker, I yield such time as she 
may consume to the gentlewoman from Florida (Ms. Ros-Lehtinen), who 
chairs the Foreign Affairs Subcommittee on the Middle East and North 
Africa.
  Ms. ROS-LEHTINEN. Mr. Speaker, I thank Mr. Wilson for presenting this 
bill before us today, and I rise in strong support of his bill, the 
Hamas Human Shields Prevention Act. I was proud to join Mr. Wilson and 
others as an original cosponsor.
  Three years ago, the House and Senate both unanimously passed a 
concurrent resolution that I authored which denounced the use of human 
shields by Hamas and, indeed, any other terror group.
  Using human shields is an unconscionable practice. It is a gross 
violation of international laws and norms. Yet, invariably, the use of 
human shields ends up being a winning strategy for Hamas. Why?
  Because the international community falls for its deadly ploy. This 
is despite the fact that Israel is unmatched in its efforts to avoid 
civilian casualties.
  We know Hamas forces Palestinians into becoming human shields, and 
the terror group is known for firing on Israeli targets from heavily 
populated areas or from places like schools or mosques. They do this on 
purpose.
  This disgusting practice underscores the fact that Hamas doesn't care 
at all about the well-being of the Palestinian people, and the sole 
purpose of Hamas is to try to force Israel into a situation in which it 
may harm civilians, hoping to turn the public sentiment against the 
Jewish State.
  Mr. Wilson's bill, therefore, puts down an important marker, Mr. 
Speaker. It builds upon our previous efforts by adding punitive 
measures identifying and then sanctioning anyone affiliated with Hamas 
who uses human shields.
  Responsible nations must not allow Hamas to continue to use this 
cynical ploy, and we in the United States have a responsibility to lead 
and to ensure that this gruesome tactic is ended once and for all.
  I thank Mr. Wilson from South Carolina for this initiative, and I 
urge my colleagues to join us in supporting this important and much-
needed measure before us today. I thank Mr. Wilson for, once again, 
highlighting this cynical, deadly, and disgusting ploy being used by 
Hamas.
  Mr. SHERMAN. Mr. Speaker, I reserve the balance of my time.
  Mr. WILSON of South Carolina. Mr. Speaker, I yield such time as he 
may consume to the gentleman from New Jersey (Mr. Smith), chairman of 
the Foreign Affairs Subcommittee on Africa, Global Health, Global Human 
Rights, and International Organizations.

                              {time}  1600

  Mr. SMITH of New Jersey. Mr. Speaker, I want to thank my good friend 
for yielding, and I rise in strong support of H.R. 3542, the Hamas 
Human Shields Prevention Act, introduced, sponsored, and authored by my 
good friend and colleague Joe Wilson; and we are all very grateful he 
has brought this important legislation to the floor.
  H.R. 3542 is a critical and commonsense measure that addresses Hamas' 
cynical and well-documented practice of endangering civilian lives for 
the sake of its terror campaign against the State of Israel.
  Many independent observers attest to the Palestinian terrorist 
group's strategy of locating military equipment and installations 
amidst civilian infrastructure. A 2015 Amnesty International report, 
Mr. Speaker, entitled, ``Unlawful and Deadly,'' exposed this 
reprehensible conduct by the Palestinian terrorist groups during 
Israel's 2014 Operation Protective Edge in the Gaza Strip. The report 
documented examples of ``attacks launched from the vicinity of civilian 
buildings or from residential areas'' in addition to the use of 
``civilian buildings and facilities for other military purposes, such 
as storing munitions.''
  In one instance chronicled in this report, a foreign journalist 
captured footage of a rocket launcher ``located some 50 meters from a 
hotel frequented by international correspondents, 100 meters away from 
a U.N. building, and very near several civilian homes.'' The footage 
additionally showed ``children playing next to the rocket launcher.''
  Amnesty further documented the discovery of ``Palestinian munitions 
in three . . . vacant''--UNRWA--``schools in the Gaza Strip'' during 
the conflict. One of these schools, although vacant, had ``two UNRWA 
schools on either side of it''--that--``were each hosting around 1,500 
displaced civilians.''
  Mr. Speaker, Hamas' perverse practice of using U.N. installations to 
shield military infrastructure has not abated since the 2014 Gaza war. 
UNRWA discovers military infrastructure in the immediate environs of 
its school on an alarmingly regular basis. Last year alone, the agency 
reported discovering two militant tunnels located under its schools in 
the Gaza Strip.
  Of course, human rights reports and UNRWA statements account only for 
a limited scope of violations that are observed and documented by 
international organizations, media correspondents, and credible NGOs. 
The real scope of Hamas' human shield policy is almost certainly far 
greater. Israeli authorities, for example, reported that out of 3,600 
Palestinian rockets launched in the first month and a half of Operation 
Protective Edge, 1,600 of those rockets, nearly 45 percent, were fired 
from civilian areas.
  H.R. 3542 rightfully calls on the administration to use its voice and 
vote in the United Nations Security Council to impose multilateral 
sanctions on Hamas for this disgraceful pattern of exploiting innocent 
civilians, including women and children, so that it can rain 
indiscriminate rockets on innocent Israelis with greater impunity. This 
bill would also impose U.S. visa bans and asset freezes on individuals 
and entities that direct or facilitate Hamas' use of human shields.
  By supporting this measure, Mr. Speaker, this House can advance the 
cause of civilian protection for Israelis and Palestinians alike.
  Again, I want to thank Mr. Wilson for this excellent bill.
  Mr. SHERMAN. Mr. Speaker, I yield myself such time as I may consume.
  I have no other speakers on this side, so I will make a few remarks 
in closing. Mr. Speaker, I want to put this legislation in the broader 
context of the Israeli-Palestinian conflict. A Palestinian state will 
never be born as a result of the use of human shields. No country can 
make peace with a group that uses its own women and children in that 
manner, and no country can build peace with an entity that makes the 
violation of the Geneva Conventions and the international rules of law 
established military policy.
  I am a firm believer in a two-state solution that results in a secure 
Jewish State of Israel and a peaceful Palestinian state by its side. I 
hope that this legislation will help move toward that end because it 
seeks to empower those who want to make peace and sanctions those who 
cheapen human life and violate international law.
  I urge my colleagues to support this legislation, which passed in our 
committee without a dissenting voice.
  Mr. Speaker, I yield back the balance of my time.
  Mr. WILSON of South Carolina. Mr. Speaker, I yield myself such time 
as I may consume.
  First, I would like to thank Congressman Sherman for his leadership 
in this bipartisan legislation, which will make a difference on behalf 
of the people of Gaza and on behalf of the people of Israel.
  The terrorists of Hamas hide behind school children, hospital 
patients, and other vulnerable civilians. This cowardly use of human 
shields is a grave

[[Page H1087]]

human rights abuse that must be stopped, which sacrifices the lives of 
innocent Palestinians.
  I again want to thank the bipartisan sponsors of the Hamas Human 
Shields Prevention Act, which deserves our unanimous support, and, in 
particular, I point out the cosponsorship by the gentleman from 
Massachusetts (Mr. Moulton).
  Mr. Speaker, I yield back the balance of my time.
  Mr. ROYCE. Mr. Speaker, international law of armed conflict prohibits 
the use of innocent men, women and children to deter an attack. This 
cowardly and disgraceful strategy is known as using human shields. And 
it's rightly deemed a war crime.
  Yet since the violent takeover of Gaza in 2007, Hamas has repeatedly 
put the lives of Palestinian civilians at risk by brutally using them 
as human shields. Hamas also terrorizes Palestinians--the very people 
they claim to represent--with summary executions and torture in Gaza.
  Hamas regularly launches indiscriminate attacks on civilian 
populations in Israel from densely populated positions in Gaza, often 
in or near schools, mosques or hospitals. Hamas also routinely forces 
Palestinian civilians to gather on the roofs of their homes to act as 
human shields.
  This means that every time Hamas fires a rocket, it is committing not 
one, but two, war crimes: targeting civilians in Israel while 
shamelessly using human shields in Gaza. Today, the Gaza Strip is a 
terrorist sanctuary on Israel's borders.
  The legislation we are considering today, H.R. 3542, appropriately 
holds Hamas responsible for its repeated use of human shields--as well 
as their enablers, like the Iranian regime. It imposes targeted 
sanctions and calls for action at the United Nations Security Council 
to put an end to this heinous practice.
  The world cannot let terrorists embed forces among civilian 
populations, using them as human shields, without taking action.
  I thank the gentleman from South Carolina, Representative Wilson, for 
authoring this legislation and urge my colleagues to support it.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from South Carolina (Mr. Wilson) that the House suspend the 
rules and pass the bill, H.R. 3542, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. WILSON of South Carolina. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________