Overview

Title

An Act To amend the Sanctioning the Use of Civilians as Defenseless Shields Act to modify and extend that Act, and for other purposes.

ELI5 AI

H.R. 5917 is a plan to keep punishing bad groups that hide behind innocent people to do bad things. It wants to continue these punishments until the end of 2030 and have people figure out better ways to stop the bad groups from using innocent people as shields.

Summary AI

H.R. 5917 aims to update and prolong the existing law known as the Sanctioning the Use of Civilians as Defenseless Shields Act. It addresses the policy of the United States to enforce sanctions against terrorist organizations, like the Palestine Islamic Jihad, for using civilians as human shields. The bill extends the sunset clause to December 31, 2030, includes a new definition for "Palestine Islamic Jihad," and introduces procedures for congressional requests regarding sanctions. Furthermore, it mandates the Secretary of Defense to deliver a report on strategies to counteract the use of human shields by terrorist groups.

Published

2024-04-16
Congress: 118
Session: 2
Chamber: HOUSE
Status: Engrossed in House
Date: 2024-04-16
Package ID: BILLS-118hr5917eh

Bill Statistics

Size

Sections:
5
Words:
1,276
Pages:
8
Sentences:
28

Language

Nouns: 384
Verbs: 97
Adjectives: 54
Adverbs: 9
Numbers: 61
Entities: 80

Complexity

Average Token Length:
4.19
Average Sentence Length:
45.57
Token Entropy:
4.92
Readability (ARI):
24.55

AnalysisAI

The bill titled "An Act To amend the Sanctioning the Use of Civilians as Defenseless Shields Act to modify and extend that Act, and for other purposes," also known as the “Strengthening Tools to Counter the Use of Human Shields Act,” seeks to reinforce existing U.S. policies against the use of civilians as human shields by terrorist groups. The Act aims to amend the existing legislative framework to include sanctions on specific terrorist organizations like Palestine Islamic Jihad, extend the Act's effectiveness, and ensure its provisions remain enforceable even if parts are deemed unconstitutional. Additionally, it mandates a report from the Secretary of Defense outlining strategies to counter the use of human shields.

Summary of Significant Issues

One key issue with the bill is the lack of specific details on implementing and enforcing sanctions outlined in Section 2. The bill does not clarify which U.S. agencies would be responsible or the criteria for determining "terrorist organizations" and "malign actors," leaving room for ambiguity and potential ineffectiveness.

In Section 3, the terminology presents challenges, particularly the use of the term 'knowingly.' This demands proof of intent, complicating legal processes and possibly hindering the enforcement of sanctions against offenders. Furthermore, while the bill specifies sanctions related to "Palestine Islamic Jihad," it fails to describe how individuals associated with this group will be identified or how determinations will be reached accurately.

The bill extends the Act's provisions until December 31, 2030, lacking a detailed justification for such a lengthy period without mandating regular reviews to assess the effectiveness of the Act. This extension could lead to issues of accountability and transparency over time.

Section 4 proposes a required report on countering the use of human shields but does not include directives on cost estimates or spending limits, presenting a risk for potential budget overruns. Additionally, the complex language makes it challenging for stakeholders to understand the full scope and implications of the proposed measures.

Impact on the Public and Stakeholders

Broadly, the bill could enhance national and international efforts to deter the use of human shields in conflict zones, an act widely condemned for its violation of human rights. It signifies a commitment by the U.S. to uphold humanitarian laws and protect civilian lives. However, its impact largely hinges on the effective implementation of its sanctions and strategic measures, which are currently partially defined.

Specific stakeholders, such as military personnel and defense policymakers, might find the mandates for cooperation with international allies and the emphasis on multinational training centers beneficial for improving tactical responses. On the other hand, enforcement agencies might face difficulties due to the legal ambiguities introduced by the bill.

Additionally, groups advocating for policy transparency and human rights might express concerns about potential misinterpretations of the vague criteria for identifying individuals associated with terrorist organizations, which could lead to unjust sanctions or diplomatic tensions.

In conclusion, while the bill appears to strengthen the legal tools against the misuse of civilians in warfare, its effectiveness relies heavily on clearer guidelines and provisions, particularly in terms of enforceability, accountability, and resource allocation. Without these elements, the objectives of the legislation may face significant hurdles in practice.

Issues

  • The statement of policy in Section 2 lacks specific details regarding the implementation and enforcement of sanctions, such as the agencies responsible or the criteria for determining 'terrorist organizations' and 'malign actors'. This could lead to questions about the effectiveness and accountability of the policy.

  • In Section 3, the term 'knowingly' is used several times when describing offenses, which may create ambiguity in legal interpretation and enforcement, as it requires proving intent. This can complicate the legal process and potentially weaken the act's enforceability.

  • The bill specifies foreign persons related to 'Palestine Islamic Jihad' in Section 3 but does not provide mechanisms on how these individuals are to be identified or how accurate determinations will be made. This raises concerns about the accuracy and fairness of the enforcement of sanctions.

  • Section 3 extends the provisions of the original Act until December 31, 2030, without detailed justification for such a long extension or provisions for regular review or assessment of its effectiveness, potentially leading to a lack of accountability.

  • Section 4 introduces a report requirement on countering the use of human shields but does not specify any cost estimates or limits, which might lead to potential budget overruns or wasteful spending. This poses a significant financial risk.

  • The language in Section 4 is complex and builds on existing entities and programs, making it potentially difficult for stakeholders to understand the full implications without additional context, which can hinder transparency and public understanding.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The act is officially named the “Strengthening Tools to Counter the Use of Human Shields Act.”

2. Statement of policy Read Opens in new tab

Summary AI

The policy of the United States is to completely carry out and uphold sanctions against terrorist groups and other harmful parties that harm innocent people by using them as human shields.

3. Modification and extension of Sanctioning the Use of Civilians as Defenseless Shields Act Read Opens in new tab

Summary AI

The text outlines amendments to the "Sanctioning the Use of Civilians as Defenseless Shields Act," which now includes imposing sanctions against members of Palestine Islamic Jihad who use civilians to protect military targets, extends the Act's expiration date to December 31, 2030, and adds provisions to ensure parts of the Act remain in effect even if some are deemed unconstitutional.

6. Severability Read Opens in new tab

Summary AI

If any part of this law is ruled unconstitutional, the rest of the law will still remain in effect and applicable to other situations or people.

4. Report on countering the use of human shields Read Opens in new tab

Summary AI

The section requires the Secretary of Defense to provide a report to Congress within 120 days, detailing actions and plans to combat the use of human shields by terrorist groups. This includes lessons learned, measures involving international alliances like NATO, and the status and possibilities of joint exercises and training through multinational centers of excellence.