Strengthening Tools to Counter the Use of Human Shields Act

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.

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.

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.

Mr. Speaker, I yield such time as he may consume to the gentleman from Wisconsin (Mr. Gallagher), the author of this bill.

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.

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

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.

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. 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. Speaker, I was unable to cast my vote for Roll Call Votes Nos. 124 through 134. Had I been present, I would have voted: ``Nay'' on Roll Call Vote No. 124, Motion on Ordering the Previous Question on H. Res. 1149; ``No'' on Roll Call Vote No. 125, H. Res. 1149; ``Yea'' on Roll Call Vote No. 126, H.R. 6245; ``Yea'' on Roll Call Vote No. 127, H.R. 6015; ``Yea'' on Roll Call Vote No. 128, H.R. 5917; ``Yea'' on Roll Call Vote No. 129, H.R. 4681; ``Yea'' on Roll Call Vote No. 130, H.R. 6603; ``Yea'' on Roll Call Vote No. 131, H.R. 5826; ``Yea'' on Roll Call Vote No. 132, H.R. 3033; ``Yea'' on Roll Call Vote No. 133, H. Res. 288; and ``Yea'' on Roll Call Vote No. 134, H. Res. 883.