[House Report 115-367]
[From the U.S. Government Publishing Office]
115th Congress } { Rept. 115-367
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
SANCTIONING HIZBALLAH'S ILLICIT USE OF CIVILIANS AS DEFENSELESS SHIELDS
ACT
_______
October 24, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Royce of California, from the Committee on Foreign Affairs,
submitted the following
R E P O R T
[To accompany H.R. 3342]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 3342) to impose sanctions on foreign persons that
are responsible for gross violations of internationally
recognized human rights by reason of the use by Hizballah of
civilians as human shields, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
TABLE OF CONTENTS
Page
Summary and Purpose.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Oversight Findings..................................... 4
New Budget Authority, Tax Expenditures, and Federal Mandates..... 4
Congressional Budget Office Cost Estimate........................ 5
Directed Rule Making............................................. 6
Non-Duplication of Federal Programs.............................. 6
Performance Goals and Objectives................................. 6
Congressional Accountability Act................................. 7
New Advisory Committees.......................................... 7
Earmark Identification........................................... 7
Section-by-Section Analysis...................................... 7
Summary and Purpose
Hizballah conceals its military infrastructures inside
densely-populated civilian centers, which constitutes a serious
violation of the international laws of armed conflict.
Hizballah's ability to maintain a low-signature regular
military arsenal among civilian population increases, in its
view, its survivability in war, and offers Hizballah's
propaganda advantages (as was the case during and after the
war). The organization therefore cynically exploits the marked
moral disparity between itself and U.S. allied nation-states
that act in accordance with international standards. Such a
pattern of action puts the civilian population at risk and
violates the distinction principle of the international laws of
armed conflict. This legislation, in turn, is intended to
target Hizballah and its foreign enablers for the use of human
shields.
Background and Need for Legislation
According to the international laws of armed conflict, the
term ``human shields'' concerns ``civilians or other protected
persons, whose presence or movement is aimed or used to render
military targets immune from military operations.'' The use of
human shields both in international armed conflicts and in non-
international armed conflicts constitutes a war crime. It is
not necessary to force civilians to relocate close to a
military objective. The mere placement of military assets in
the vicinity of civilians fulfils this requirement.
Following the first Lebanon War, Hizballah started
consolidating its military build-up within Shi'ite population
centers in Beirut, south Lebanon, and the Beqa'a Valley. The
build-up of its military strength was a lengthy process, which
accelerated following the Israel Defense Forces' withdrawal
from the security zone. The background for the acceleration of
the process was the drop in the intensity of the war which
followed the IDF's full withdrawal from the security zone
pursuant to United Nations Security Council Resolution 425.
Located in villages of south Lebanon, Hizballah's military
infrastructure forms the basis for the organization's offensive
and defensive readiness and use of military force. Many
civilian houses and public facilities in the area were used by
Hizballah to conceal weapons--from arms and ammunition to
sophisticated missiles.
The IDF's withdrawal from Lebanon undermined the
international and internal Lebanese legitimacy Hizballah sought
to obtain in order to continue perpetrating terrorist attacks
from Lebanese territory. However, Hizballah was finally free of
the burden of daily fighting and could turn its efforts to
upgrading and building up its military infrastructure. The
process was greatly facilitated by the unprecedented backing
and assistance extended by Syria and Iran, allowing Hizballah
to acquire advanced arms, such that are held by some sovereign
states rather than terrorist organizations.
During the 2006 war with Israel, Hizballah forces
extensively utilized human shields to protect themselves from
counterattacks by Israeli forces. This fact was recognized by
the United States, when, on August 11, 2006, Secretary of State
Condoleezza Rice stated, ``Hizballah and its sponsors have
brought devastation upon the people of Lebanon, dragging them
into a war that they did not choose, and exploiting them as
human shields . . . '' President Bush recognized this fact when
he stated, on August 14, 2006, that ``Hizballah terrorists
targeted Israeli civilians with daily rocket attacks. Hizballah
terrorists used Lebanese civilians as human shields,
sacrificing the innocent in an effort to protect themselves
from Israeli response.''
Since the end of the 2006 war with Israel, Hizballah has
extensively upgraded its military infrastructure. Despite being
legally required to disarm under U.N. Security Council
Resolution 1701, a recent State Department report cites Israeli
estimates that Hizballah has a stockpile of 100,000 rockets and
missiles, including advanced anti-air and anti-ship missiles.
The missiles were principally provided by the Iranian
Government and are concealed in Shi'ite villages in southern
Lebanon, often beneath civilian infrastructure. This arsenal
comprises of missiles capable of reaching nearly all the
country to include: the Fajr-5, with a range of 75 km; the
Zelzal-2, 210 km; the M-600, 250 km; and the Scud D, 700 km. In
contrast, during the Second Lebanon War in 2006 Hizballah's
arsenal consisted of only 20,000 rockets, of which 4,000 were
fired into Israel over the course of a month.
There is cause for renewed concern about Hizballah's use of
human shields. Hizballah appears to be rearming itself with
thousands of rockets and advanced missiles through its patron
Iran while also developing a domestic capacity to manufacture
weapons within southern Lebanon. In addition, Hizballah appears
to be using environmental NGOs as a cover to create lookout
posts and infrastructure that could be used to target Israeli
forces.
A policy of zero tolerance for such crimes and relentless
efforts to hold accountable those responsible for such
practices would contribute to the fight against the use of
human shields and, eventually, help reduce the suffering of the
civilian population.
Hearings
During the present Congress, the committee has continued
its active oversight regarding Hizballah, including multiple
hearings related to the content of H.R. 3342, such as:
October 11, 2017, Subcommittee on the Middle East and
North Africa hearing, ``U.S. Policy Toward Lebanon''
(Mr. Michael Ratney, Deputy Assistant Secretary, Bureau
of Near Eastern Affairs, U.S. Department of State; Ms.
Jeanne Pryor, Acting Deputy Assistant Administrator,
Bureau for the Middle East, U.S. Agency for
International Development).
October 4, 2017, Subcommittee on Terrorism,
Nonproliferation, and Trade hearing, ``Iranian Backed
Militias: Destabilizing the Middle East'' (Michael
Knights, Ph.D., Lafer Fellow, The Washington Institute
for Near East Policy; Mr. Aram Nerguizian, Senior
Associate, Burke Chair in Strategy, Center for
Strategic and International Studies; Kenneth Pollack,
Ph.D., Resident Scholar, American Enterprise Institute;
Ms. Melissa Dalton, Senior Fellow and Deputy Director,
International Security Program, Center for Strategic
and International Studies).
June 8, 2017, full committee hearing, ``Attacking
Hezbollah's Financial Network: Policy Options''
(Matthew Levitt, Ph.D., Director and Fromer-Wexler
Fellow, Stein Program on Counterterrorism and
Intelligence, The Washington Institute for Near East
Policy; David Asher, Ph.D., Member, Board of Directors,
Center on Sanctions and Illicit Finance, Foundation for
Defense of Democracies; Mr. Derek Maltz, Executive
Director, Governmental Relations, Pen-Link, Ltd; Mara
Karlin, Ph.D., Associate Professor of Practice and
Associate Director of Strategic Studies, School for
Advanced International Studies, Johns Hopkins
University).
May 24, 2017, Subcommittee on Terrorism,
Nonproliferation, and Trade hearing, ``Nuclear Deal
Fallout: The Global Threat of Iran'' (Mr. Ilan Berman,
Senior Vice President, American Foreign Policy Council;
Ray Takeyh, Ph.D., Hasib J. Sabbagh Senior Fellow for
Middle East Studies, Council on Foreign Relations;
Daniel L. Byman, Ph.D., Senior Fellow, Center for
Middle East Policy, Brookings Institution).
March 29, 2017, Subcommittee on the Middle East and
North Africa hearing, ``Testing the Limits: Iran's
Ballistic Missile Program, Sanctions, and the Islamic
Revolutionary Guard Corps'' (Kenneth Katzman, Ph.D.,
Specialist in Middle Eastern Affairs, Congressional
Research Service; Mr. Michael Eisenstadt, Kahn Fellow,
Director of Military and Security Studies Program, The
Washington Institute for Near East Policy; Ms.
Elizabeth Rosenberg, Senior Fellow and Director,
Energy, Economics and Security Program, Center for a
New American Security).
February 16, 2017, full committee hearing, ``Iran on
Notice'' (Mr. Scott Modell, Managing Director, The
Rapidan Group; Ms. Katherine Bauer, Blumenstein-Katz
Family Fellow, The Washington Institute for Near East
Policy; Mr. David Albright, Founder and President,
Institute for Science and International Security;
Andrew Exum, Ph.D., Contributing Editor, The Atlantic).
Committee Consideration
On September 28, 2017, the Committee on Foreign Affairs
marked up H.R. 3342 in open session, pursuant to notice. The
bill was considered as introduced, and was agreed to by voice
vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of rules of
the House of Representatives, the committee reports that
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of House Rule X, are
incorporated in the descriptive portions of this report,
particularly in the ``Background and Purpose of Legislation''
and ``Section-by-Section Analysis'' sections.
New Budget Authority, Tax Expenditures, and Federal Mandates
In compliance with clause 3(c)(2) of House Rule XIII and
the Unfunded Mandates Reform Act (P.L. 104-4), the committee
adopts as its own the estimate of new budget authority,
entitlement authority, tax expenditure or revenues, and Federal
mandates contained in the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 13, 2017.
Hon. Edward R. Royce, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3342, the
Sanctioning Hizballah's Illicit Use of Civilians as Defenseless
Shields Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Keith Hall.
Enclosure
cc:
Honorable Eliot L. Engel
Ranking Member
H.R. 3342--Sanctioning Hizballah's Illicit Use of Civilians as
Defenseless Shields Act.
As ordered reported by the House Committee on Foreign
Affairs on September 28, 2017.
H.R. 3342 would require the President to identify and
impose sanctions on foreign people or entities affiliated with
Hizballah that he determines have used civilians as human
shields or have provided, tried to provide, or facilitated the
provision of material support to that terrorist group. The bill
also would require the President to provide to the Congress a
list of people or entities so identified along with periodic
updates. Finally, the bill describes several people and
entities and would require the President to determine and
report to the Congress if they meet the criteria to be
sanctioned.
Based on information from the Administration on the cost of
similar requirements, CBO estimates that administering the
sanctions and implementing the reporting requirements would
cost less than $500,000 annually and would total $1 million
over the 2018-2022 period, subject to the availability of
appropriated funds.
Enacting H.R. 3342 would increase the number of people who
would be denied visas by the Department of State and the number
who would be subject to civil or criminal penalties. Most visa
fees are retained by the department and spent without further
appropriation, but some fees are deposited in the Treasury as
revenues. Penalties also are recorded as revenues and a portion
of those penalties can be spent without further appropriation.
Pay-as-you-go procedures apply to this legislation because
enacting it would affect direct spending and revenues. However,
CBO estimates that implementing those sanctions would affect
very few additional people and thus have insignificant effects
on both revenues and direct spending.
CBO estimates that enacting H.R. 3342 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3342 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA).
If the sanctions imposed by the President under the bill
prevent U.S. entities from gaining access to property or from
engaging in transactions that would otherwise be permitted
under current law, the bill would impose a private-sector
mandate as defined in UMRA. The cost of the mandate would be
any forgone income directly related to the newly prohibited
transactions or blocked property. Because of the broad scope of
existing U.S. sanctions involving Hizballah, CBO expects the
number of entities and people in the United States that could
be affected by the legislation would be small. Further, CBO
expects that the loss of income from any restrictions in the
bill would be relatively low. Therefore, CBO estimates that the
aggregate cost of the mandates would fall below the annual
threshold established in UMRA for private-sector mandates ($156
million in 2017, adjusted annually for inflation).
The CBO staff contacts for this estimate are Sunita D'Monte
(for federal costs) and Logan Smith (for private-sector
mandates). The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Directed Rule Making
Pursuant to clause 3(c) of House Rule XIII, as modified by
section 3(i) of H. Res. 5 during the 115th Congress, the
committee notes that H.R. 3342 contains no directed rule-making
provisions.
Non-Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House Rule XIII, the
committee states that no provision of this bill establishes or
reauthorizes a program of the Federal Government known to be
duplicative of another Federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Performance Goals and Objectives
The objective of this legislation is to broaden sanctions
against Hizballah for their use of human shields. The
overriding goal is to draw international attention to, and
increase the condemnation of, this practice. Furthermore, the
objective is to turn Hizballah's use of human shields from a
strategic asset to the terrorist organization into a strategic
liability for both Hizballah and its state sponsor, Iran.
Performance goals associated with these objectives include, but
are not limited to, the following:
LA verifiable decrease in Hizballah's use of
human shields.
LA verifiable increase in international
condemnation of Hizballah's use of human shields.
LAn increase in international condemnation of
the Government of Iran's support for Hizballah's use of
human shields.
Congressional Accountability Act
H.R. 3342 does not apply to terms and conditions of
employment or to access to public services or accommodations
within the legislative branch.
New Advisory Committees
H.R. 3342 does not establish or authorize any new advisory
committees.
Earmark Identification
H.R. 3342 contains no congressional earmarks, limited tax
benefits, or limited tariff benefits as described in clauses
9(e), 9(f), and 9(g) of House Rule XXI.
Section-by-Section Analysis
Section 1. Short Title. This Act may be cited as the
`Sanctioning Hizballah's Illicit Use of Civilians as
Defenseless Shields Act'.
Section 2. Findings. This provision outlines findings of
violations of human rights, specifically the use of civilians
as human shields, by Hizballah during armed hostilities. It
also outlines Hizballah's continued violations of international
law and treaties, including multiple United Nations Security
Council Resolutions.
Section 3. Statement of Policy. This provision establishes
policy of the United States to consider the use of human
shields as a violation of human rights, to publicly condemn
such use, and ``to take effective action'' against those who
engage in such activity.
Section 4. United Nations Security Council. This provision
states that the President should direct the U.S. Ambassador to
the U.N. to use appropriate influence to propose and support a
resolution condemning the use of human shields by Hizballah and
imposing multilateral sanctions against the terrorist
organization.
Section 5. Identification of Foreign Persons that are
Responsible for Gross Violations of Internationally Recognized
Human Rights by Reason of Use of by Hizballah of Civilians as
Human Shields. This provision mandates that the President,
based on the International Emergency Economic Powers Act,
identify and sanction foreign persons who are responsible for
violations of human rights for the use of human shields by
Hizballah. Outlines such sanctions including the blocking of
property and other financial transactions. Grants authority to
the Secretaries of State and Homeland Security to declare
aliens ineligible for admission to the U.S. and to revoke visas
that have already been issued. Grants waiver authority for such
sanctions to the President. This should include elements of the
Iranian Government that support Hizballah's use of human
shields by providing material support to that terrorist
organization.
Section 6. Report. This provision requires the President to
submit a report to the ``appropriate'' Congressional committees
outlining sanction determinations against individuals listed
under the ``Persons Described'' subsection. Report shall be
made publicly available but may include a classified annex.
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