[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.
____________________