Strengthening Tools to Counter the Use of Human Shields Act

Floor Speech

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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

(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.

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.

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.

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. 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.

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Mr. MORAN. Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

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