[Congressional Record Volume 170, Number 66 (Tuesday, April 16, 2024)]
[House]
[Pages H2416-H2419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      STRENGTHENING TOOLS TO COUNTER THE USE OF HUMAN SHIELDS ACT

  Mr. MORAN. Mr. Speaker, I move to suspend the rules and pass the bill 
(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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5917

       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

[[Page H2417]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Moran) and the gentleman from New York (Mr. Meeks) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. MORAN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. MORAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank my colleague, Mr. Gallagher, for introducing 
this important bipartisan legislation to address ongoing atrocities 
committed by Hamas and other Iran-backed terrorist organizations.
  For years, it has been well documented how terrorist organizations 
like Hamas, Hezbollah, and Palestinian Islamic Jihad use civilians as 
human shields in conflict.
  Hezbollah terrorists are systematically embedded in civilian areas 
and population centers throughout Lebanon. Hezbollah has embedded 
hundreds of arms depots, thousands of terrorists, and tens of thousands 
of rockets throughout densely populated southern Lebanon, and Hamas' 
utter disregard for human life has been made plain for all to see since 
October 7.
  After murdering 1,200 people on October 7, 2023, and taking 240 
hostages, they have prevented innocent Palestinians from fleeing 
conflict zones and repeatedly rejected proposals that would bring a 
pause to the fighting in Gaza.
  These terrorists do not care about innocent civilian lives. They know 
exactly what they are doing when they use a hospital as military 
headquarters and stockpile weapons in schools. Terrorist groups like 
Hamas, Hezbollah, and Palestinian Islamic Jihad have no regard for the 
lives of the innocent women and children they place in harm's way by 
co-locating civilian and military targets.
  Every civilian that is harmed in this war is harmed as a result of 
Hamas' actions. As Israel defends itself against the threat of Hamas 
and other Iran-backed terrorist groups, we must address the urgent 
issue of terrorist organizations using civilian shields immediately.
  Congress must stand against these brutal practices and strengthen 
their ability to hold these terrorists accountable for their crimes.
  The 2018 Sanctioning the Use of Civilians as Defenseless Shields Act 
established a strong framework for holding Hamas and other terrorist 
organizations accountable. This legislation today would reauthorize the 
2018 law through the year 2030 and add Palestinian Islamic Jihad as a 
covered entity. It also establishes new tools to ensure that those who 
use human shields are held accountable.
  Mr. Speaker, I urge my colleagues to join me in support of this 
measure, and I reserve the balance of my time.
                                         House of Representatives,


                                   Committee on the Judiciary,

                                   Washington, DC, March 20, 2024.
     Hon. Michael McCaul,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Chairman McCaul: I write regarding H.R. 5917, the 
     Strengthening Tools to Counter the Use of Human Shields Act. 
     Provisions of this bill fall within the Judiciary Committee's 
     Rule X jurisdiction, and I appreciate that you consulted with 
     us on those provisions. The Judiciary Committee agrees that 
     it shall be discharged from further consideration of the bill 
     so that it may proceed expeditiously to the House floor.
       The Committee takes this action with the understanding that 
     forgoing further consideration of this measure does not in 
     any way alter the Committee's jurisdiction or waive any 
     future jurisdictional claim over these provisions or their 
     subject matter. We also reserve the right to seek appointment 
     of an appropriate number of conferees in the event of a 
     conference with the Senate involving this measure or similar 
     legislation.
       I ask that you please include this letter in your 
     committee's report to accompany this legislation or insert 
     this letter in the Congressional Record during consideration 
     of H.R. 5917 on the House floor. I appreciate the cooperative 
     manner in which our committees have worked on this matter, 
     and I look forward to working collaboratively in the future 
     on matters of shared jurisdiction. Thank you for your 
     attention to this matter.
           Sincerely,
                                                       Jim Jordan,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                    Washington, DC, April 3, 2024.
     Hon. Jim Jordan,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Chairman Jordan: Thank you for consulting with the 
     Foreign Affairs Committee and agreeing to be discharged from 
     further consideration of H.R. 5917, the Strengthening Tools 
     to Counter the Use of Human Shields Act, so that the measure 
     may proceed expeditiously to the House floor.

[[Page H2418]]

       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 measure 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 this bill into the 
     Congressional Record during floor consideration. I appreciate 
     your cooperation regarding this legislation and look forward 
     to continuing to work together as this measure moves through 
     the legislative process.
           Sincerely,
                                                Michael T. McCaul,
     Chairman.
                                  ____

                                         House of Representatives,


                                  Committee on Armed Services,

                                   Washington, DC, April 14, 2024.
     Hon. Michael T. McCaul,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Mr. McCaul: I write concerning H.R. 5917, the 
     Strengthening Tools to Counter the Use of Human Shields Act. 
     As a result of your having consulted with us on provisions 
     within H.R. 5917 that fall within the Rule X jurisdiction of 
     the Committee on Armed Services, I forego any further 
     consideration of this bill so that it may proceed 
     expeditiously to the House floor for consideration.
       The Committee on Armed Services takes this action with our 
     mutual understanding that by foregoing consideration of H.R. 
     5917 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.
       Finally, I ask that a copy of our exchange of letters on 
     this matter be included by the Foreign Affairs Committee in 
     the Congressional Record during floor consideration, to 
     memorialize our understanding. Thank you for the cooperative 
     spirit in which you have worked regarding this matter and 
     others between our respective committees.
           Sincerely,

                                            Michael D. Rogers,

                                         Chairman, House Committee
     on Armed Services.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                   Washington, DC, April 14, 2024.
     Hon. Mike Rogers,
     Chairman, Committee on Armed Services,
     Washington, DC.
       Dear Chairman Rogers: Thank you for consulting with the 
     Foreign Affairs Committee and agreeing to be discharged from 
     further consideration of H.R. 5917, the Strengthening Tools 
     to Counter the Use of Human Shields Act, so that the measure 
     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 measure 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 this bill into the 
     Congressional Record during floor consideration. I appreciate 
     your cooperation regarding this legislation and look forward 
     to continuing to work together as this measure moves through 
     the legislative process.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 5917, the Strengthening 
Tools to Counter the Use of Human Shields Act, and I thank my 
colleagues, Representative Gallagher and Representative Sherman, for 
introducing this legislation.
  As we all know, Hamas regularly uses people as human shields, hiding 
behind them and thereby endangering innocent Palestinian civilians. We 
have seen this clearly in the months since October 7, but this behavior 
is not new. It is and has been the de facto policy of Hamas for many 
years.
  Hamas has operated from under, inside, and adjacent to hospitals, 
schools, and other civilian structures. Within civilian buildings, they 
have stored weapons caches and ammunition, built miles of tunnels 
underground, and launched attacks from behind women and children.
  When Israel instructed families in Gaza to flee to the south for 
safety, Hamas demanded people stay in Gaza City, to remain in place, 
saying that it was beneficial to their strategy.
  Hamas does not care for the Palestinian people. They never have. They 
never will. Hamas only means to exploit them as human shields.
  This behavior of hiding behind noncombatants is a clear violation of 
international law and has been an unconscionable contributor to the 
deaths of too many innocent Palestinian people.
  This measure, H.R. 5917, amends the Sanctioning the Use of Civilians 
as Defenseless Shields Act, adding additional terrorist entities, 
bolstering congressional oversight and reporting requirements, and 
extending its sunset provision.
  This legislation will renew and strengthen existing law, and I 
encourage my colleagues to join me in supporting this measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MORAN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Wisconsin (Mr. Gallagher), the author of this bill.
  Mr. GALLAGHER. Mr. Speaker, I thank the gentleman for yielding.
  It is fitting, at least for me, that we are debating this today 
because one of the very first bills I got passed as a freshman Member 
of Congress working across the aisle with my fellow classmate, 
Representative Suozzi, was the Sanctioning the Use of Civilians As 
Defenseless Shields Act, which first created the authority for the 
President to sanction Hamas and Hezbollah for their use of human 
shields.
  I remember at the time talking about this barbaric practice. I was 
met with shock and surprise.
  Unfortunately, in the wake of October 7, the entire world has seen 
the lengths that these terrorist groups will go to in order to advance 
their genocidal cause, using innocent women and children as human 
shields. The fact that this may be one of the last bills I get passed 
in Congress is fitting.
  As I alluded to, there is nothing new about this despicable practice, 
which Hamas has perfected, of using civilians and hostages as human 
shields. They have been doing it for decades, placing innocents in 
harm's way. They have been unmasked in recent months for the world to 
see.
  Rocket launchers, weapons caches, and terrorist fighters are found in 
or near civilian population centers, including sites like schools and 
mosques, to deliberately limit the Israeli military from striking Hamas 
targets or, if they do, to incur the condemnation of the world against 
them in order to limit their effectiveness going forward.
  Our condemnation of this heinous war crime is not enough. We must use 
the full weight of American sanctions to curtail this practice and 
encourage like-minded countries to combat it, as well.
  This bipartisan bill does just that. As the ranking member of the 
Committee on Foreign Affairs talked about so eloquently, we extend the 
sunset of that authority, which dates back to 2018, from 2023 to 2030. 
It includes updates to ensure this is used to punish terrorists. 
Importantly, it gives the chairmen and ranking members of several 
congressional committees the power to require a written response from 
the President with a determination of whether a foreign person meets 
the criteria for sanctions and the President's justification for 
imposing or not imposing sanctions.
  Additionally, it requires mandatory sanctions on Palestinian Islamic 
Jihad members who use human shields and supports constructive efforts 
to combat human shields by requiring the Department of Defense to 
submit a report to Congress on efforts to equip our allies to counter 
the use of human shields across the globe.
  Mr. Speaker, in conclusion, I thank Chairman McCaul and Ranking 
Member Meeks for their leadership of the Committee on Foreign Affairs 
and for their support of this bill during the markup.
  I am also grateful for Congressman Sherman's partnership in this 
effort to renew and update these important sanctions.
  Again, I think back to where I was 8 years ago as a freshman Member 
talking about what was then a very niche and poorly understood issue. 
Unfortunately, because of the barbarism on display, because of Hamas' 
actions in attacking and killing innocent Israelis, now the entire 
world has seen this barbaric practice up close. It is time for us to 
act.
  I draw great optimism from the fact that even in this, with 
everything we have going on in Congress, Republicans and Democrats can 
come together on something this common sense to stand with our allies 
and stand firmly against our enemies.

[[Page H2419]]

  

  Mr. MEEKS. Mr. Speaker, I yield myself the balance of my time to 
close.
  Mr. Speaker, Hamas has not only shown complete disregard for the 
Palestinian people. It has also used them as human shields as an 
intentional war tactic. It is unconscionable and in clear violation of 
international law, contributing to the deaths of 
innocent noncombatants.

  This measure updates and extends the Sanctioning the Use of Civilians 
as Defenseless Shields Act by adding additional terrorist entities, 
bolstering congressional oversight and reporting requirements, and 
extending its sunset provisions.
  The strengthening of this existing statute is timely, important, and 
necessary, and I urge my colleagues to join me in supporting H.R. 5917.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MORAN. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I thank the ranking member for his support. This is a 
really important bipartisan piece of legislation.
  Mr. Speaker, we must continue to do all that we can to address the 
crimes committed by Hamas and other Iran-backed terrorist groups. The 
use of civilians as human shields in conflict is abhorrent and immoral.
  Congress must do everything in its power to hold Hamas and other 
terrorist groups accountable for these crimes. We have a responsibility 
to protect innocent civilians around the world who are used as human 
shields.
  Mr. Speaker, I urge my colleagues to join me in support of this bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Moran) that the House suspend the rules and 
pass the bill, H.R. 5917.
  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. MORAN. 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.

                          ____________________