I
118THCONGRESS
1
STSESSION 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.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER10, 2023
Mr. G
ALLAGHER(for himself and Mr. SHERMAN) introduced the following bill
O
CTOBER25, 2023
Referred to the Committee on Foreign Affairs, and in addition to the Commit-
tees on the Judiciary, and Armed Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Sanctioning the Use of Civilians as Defense-
less Shields Act to modify and extend that Act, and
for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Strengthening Tools 4
to Counter the Use of Human Shields Act’’. 5
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SEC. 2. STATEMENT OF POLICY. 1
It shall be the policy of the United States to fully 2
implement and enforce sanctions against terrorist organi-3
zations and other malign actors that use innocent civilians 4
as human shields. 5
SEC. 3. MODIFICATION AND EXTENSION OF SANCTIONING 6
THE USE OF CIVILIANS AS DEFENSELESS 7
SHIELDS ACT. 8
(a) I
NGENERAL.—Section 3 of the Sanctioning the 9
Use of Civilians as Defenseless Shields Act (Public Law 10
115–348; 50 U.S.C. 1701 note) is amended— 11
(1) in subsection (b)— 12
(A) by redesignating paragraph (3) as 13
paragraph (4); and 14
(B) by inserting after paragraph (2) the 15
following: 16
‘‘(3) Each foreign person that the President de-17
termines, on or after the date of the enactment of 18
the Strengthening Tools to Counter the Use of 19
Human Shields Act— 20
‘‘(A) is a member of Palestine Islamic 21
Jihad or is knowingly acting on behalf of Pal-22
estine Islamic Jihad; and 23
‘‘(B) knowingly orders, controls, or other-24
wise directs the use of civilians protected as 25
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•HR 5917 IH
such by the law of war to shield military objec-1
tives from attack.’’; 2
(2) by redesignating subsections (e), (f), (g), 3
(h), and (i) as subsections (f), (g), (h), (i), and (j), 4
respectively; and 5
(3) by inserting after subsection (d) the fol-6
lowing: 7
‘‘(e) C
ONGRESSIONAL REQUESTS.—Not later than 8
120 days after receiving a request from the chairman and 9
ranking member of one of the appropriate congressional 10
committees with respect to whether a foreign person meets 11
the criteria of a person described in subsection (b) or (c), 12
the President shall— 13
‘‘(1) determine if the person meets such cri-14
teria; and 15
‘‘(2) submit a written justification to the chair-16
man and ranking member detailing whether or not 17
the President imposed or intends to impose sanc-18
tions described in subsection (b) or (c) with respect 19
to such person.’’. 20
(b) D
EFINITIONS.—Section 4 of the Sanctioning the 21
Use of Civilians as Defenseless Shields Act (Public Law 22
115–348; 50 U.S.C. 1701 note) is amended— 23
(1) by redesignating paragraph (7) as para-24
graph (8); and 25
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(2) by inserting after paragraph (6) the fol-1
lowing: 2
‘‘(7) P
ALESTINE ISLAMIC JIHAD .—The term 3
‘Palestine Islamic Jihad’ means— 4
‘‘(A) the entity known as Palestine Islamic 5
Jihad and designated by the Secretary of State 6
as a foreign terrorist organization pursuant to 7
section 219 of the Immigration and Nationality 8
Act (8 U.S.C. 1189); or 9
‘‘(B) any person identified as an agent or 10
instrumentality of Palestine Islamic Jihad on 11
the list of specially designated nationals and 12
blocked persons maintained by the Office of 13
Foreign Asset Control of the Department of the 14
Treasury, the property or interests in property 15
of which are blocked pursuant to the Inter-16
national Emergency Economic Powers Act (50 17
U.S.C. 1701 et seq.).’’. 18
(c) S
UNSET.—Section 5 of the Sanctioning the Use 19
of Civilians as Defenseless Shields Act (Public Law 115– 20
348; 50 U.S.C. 1701 note) is amended by striking ‘‘De-21
cember 31, 2023’’ and inserting ‘‘December 31, 2030’’. 22
(d) S
EVERABILITY.—The Sanctioning the Use of Ci-23
vilians as Defenseless Shields Act (Public Law 115–348; 24
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50 U.S.C. 1701 note) is amended by adding at the end 1
the following: 2
‘‘SEC. 6. SEVERABILITY. 3
‘‘If any provision of this Act, or the application of 4
such provision to any person or circumstance, is found to 5
be unconstitutional, the remainder of this Act, or the ap-6
plication of that provision to other persons or cir-7
cumstances, shall not be affected.’’. 8
SEC. 4. REPORT ON COUNTERING THE USE OF HUMAN 9
SHIELDS. 10
(a) I
NGENERAL.—Not later than 120 days after the 11
date of the enactment of this Act, the Secretary of Defense 12
shall submit to the congressional defense committees, the 13
Committee on Foreign Affairs of the House of Representa-14
tives, and the Committee on Foreign Relations of the Sen-15
ate a report that contains the following: 16
(1) A description of the lessons learned from 17
the United States and its allies and partners in ad-18
dressing the use of human shields by terrorist orga-19
nizations such as Hamas, Hezbollah, Palestine Is-20
lamic Jihad, and any other organization as deter-21
mined by the Secretary of Defense. 22
(2) A description of a specific plan and actions 23
being taken by the Department of Defense to incor-24
porate the lessons learned as identified in paragraph 25
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(1) into Department of Defense operating guidance, 1
relevant capabilities, and tactics, techniques, and 2
procedures to deter, counter, and address the chal-3
lenge posed by the use of human shields and hold 4
accountable terrorist organizations for the use of 5
human shields. 6
(3) A description of specific measures being de-7
veloped and implemented by the United States Gov-8
ernment to mobilize and leverage allied nations, in-9
cluding member nations of the North Atlantic Trea-10
ty Organization (NATO), to deter, counter, and hold 11
accountable terrorist organizations for the use of 12
human shields. 13
(4) The current status of joint exercises, doc-14
trine development, education, and training on coun-15
tering the use of human shields in multinational cen-16
ters of excellence. 17
(5) The current status of participation of mem-18
bers of the Armed Forces and Department of De-19
fense civilian personnel in any multinational center 20
of excellence for the purposes of countering the use 21
of human shields. 22
(6) The feasibility and advisability of beginning 23
or continuing participation of members of the Armed 24
Forces and Department of Defense civilian per-25
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sonnel to promote the integration of joint exercises, 1
doctrine development, education, and training on 2
countering the use of human shields into multi-3
national centers of excellence. 4
(b) D
EFINITION.—In this section, the term ‘‘multi-5
national center of excellence’’ has the meaning given that 6
term in section 344 of title 10, United States Code. 7
Æ
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