[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1595 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
September 25, 2018.
Resolved, That the bill from the Senate (S. 1595) entitled ``An Act
to amend the Hizballah International Financing Prevention Act of 2015
to impose additional sanctions with respect to Hizballah, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hizballah
International Financing Prevention Amendments Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PREVENTION OF ACCESS BY HIZBALLAH TO INTERNATIONAL FINANCIAL
AND OTHER INSTITUTIONS
Sec. 101. Mandatory sanctions with respect to fundraising and
recruitment activities for Hizballah.
Sec. 102. Modification of report with respect to financial institutions
that engage in certain transactions.
Sec. 103. Sanctions against certain agencies and instrumentalities of
foreign states.
Sec. 104. Diplomatic initiatives to prevent hostile activities by Iran
and disrupt and degrade Hizballah's illicit
networks.
TITLE II--NARCOTICS TRAFFICKING AND TRANSNATIONAL CRIMINAL ACTIVITIES
OF HIZBALLAH
Sec. 201. Imposition of sanctions with respect to affiliated networks
of Hizballah for transnational criminal
activities.
Sec. 202. Report on racketeering activities engaged in by Hizballah.
Sec. 203. Modification of report on activities of foreign governments
to disrupt activities of Hizballah; reports
on membership in Hizballah.
TITLE III--GENERAL PROVISIONS
Sec. 301. Regulatory authority.
Sec. 302. Implementation; penalties; judicial review; exemptions; rule
of construction; exception relating to
importation of goods.
Sec. 303. Report consolidation and modification.
TITLE I--PREVENTION OF ACCESS BY HIZBALLAH TO INTERNATIONAL FINANCIAL
AND OTHER INSTITUTIONS
SEC. 101. MANDATORY SANCTIONS WITH RESPECT TO FUNDRAISING AND
RECRUITMENT ACTIVITIES FOR HIZBALLAH.
(a) In General.--Section 101 of the Hizballah International
Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701
note) is amended to read as follows:
``SEC. 101. MANDATORY SANCTIONS WITH RESPECT TO FUNDRAISING AND
RECRUITMENT ACTIVITIES FOR HIZBALLAH.
``(a) In General.--The President shall, on or after the date of the
enactment of the Hizballah International Financing Prevention
Amendments Act of 2018, impose the sanctions described in subsection
(b) with respect to any foreign person that the President determines
knowingly provides significant financial, material, or technological
support for or to--
``(1) Bayt al-Mal, Jihad al-Bina, the Islamic Resistance
Support Association, the Foreign Relations Department of
Hizballah, the External Security Organization of Hizballah, or
any successor or affiliate thereof as designated by the
President;
``(2) al-Manar TV, al Nour Radio, or the Lebanese Media
Group, or any successor or affiliate thereof as designated by
the President;
``(3) a foreign person determined by the President to be
engaged in fundraising or recruitment activities for Hizballah;
or
``(4) a foreign person owned or controlled by a person
described in paragraph (1), (2), or (3).
``(b) Sanctions Described.--The sanctions described in this
subsection are the following:
``(1) Asset blocking.--The exercise of all powers granted
to the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) (except that the requirements of
section 202 of such Act (50 U.S.C. 1701) shall not apply) to
the extent necessary to block and prohibit all transactions in
all property and interests in property of a foreign person
determined by the President to be subject to subsection (a) if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
``(2) Aliens ineligible for visas, admission, or parole.--
``(A) Visas, admission, or parole.--An alien who
the Secretary of State or the Secretary of Homeland
Security (or designee of one of such Secretaries)
determines is subject to subsection (a) is--
``(i) inadmissible to the United States;
``(ii) ineligible to receive a visa or
other documentation to enter the United States;
and
``(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
``(B) Current visas revoked.--
``(i) In general.--The Secretary of State
or the Secretary of Homeland Security (or
designee of one of such Secretaries) shall
revoke any visa or other entry documentation
issued to an alien who the President determines
is subject to subsection (a), regardless of
when issued.
``(ii) Effect of revocation.--A revocation
under clause (i) shall take effect immediately
and shall automatically cancel any other valid
visa or entry documentation that is in the
possession of the alien.
``(c) Waiver.--
``(1) In general.--The President may, for periods not to
exceed 180 days, waive the imposition of sanctions under this
section if the President certifies to the appropriate
congressional committees that such waiver is in the national
security interests of the United States.
``(2) Briefing.--Not later than 30 days after the issuance
of a waiver under paragraph (1) with respect to a foreign
person, and every 180 days thereafter while the waiver remains
in effect, the President shall brief the appropriate
congressional committees on the status of the involvement of
the foreign person in activities described in subsection (a).
``(d) Definitions.--In this section:
``(1) Admitted; alien.--The terms `admitted' and `alien'
have meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs, the
Committee on Ways and Means, the Committee on the
Judiciary, the Committee on Financial Services, and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
``(B) the Committee on Foreign Relations, the
Committee on Finance, the Committee on Banking,
Housing, and Urban Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence of
the Senate.
``(3) Entity.--The term `entity' means a partnership,
association, corporation, or other organization, group, or
subgroup.
``(4) Foreign person.--The term `foreign person' means any
person that is not a United States person.
``(5) Hizballah.--The term `Hizballah' has the meaning
given such term in section 102(e).
``(6) Person.--The term `person' means an individual or
entity.
``(7) United states person.--The term `United States
person' means a United States citizen, an alien lawfully
admitted for permanent residence, an entity organized under the
laws of the United States (including foreign branches), or a
person in the United States.''.
(b) Clerical Amendment.--The table of contents for the Hizballah
International Financing Prevention Act of 2015 is amended by striking
the item relating to section 101 and inserting the following new item:
``Sec. 101. Mandatory sanctions with respect to fundraising and
recruitment activities for Hizballah.''.
SEC. 102. MODIFICATION OF REPORT WITH RESPECT TO FINANCIAL INSTITUTIONS
THAT ENGAGE IN CERTAIN TRANSACTIONS.
Section 102(d) of the Hizballah International Financing Prevention
Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note) is amended to
read as follows:
``(d) Report on Financial Institutions Organized Under the Laws of
State Sponsors of Terrorism.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Hizballah International Financing
Prevention Amendments Act of 2018, and every 2 years thereafter
for a period not to exceed 4 years, the President shall submit
to the appropriate congressional committees a report that--
``(A) identifies each foreign financial institution
described in paragraph (2) that the President
determines engages in one or more activities described
in subsection (a)(2); and
``(B) provides a detailed description of each such
activity.
``(2) Foreign financial institution described.--
``(A) In general.--A foreign financial institution
described in this paragraph is a foreign financial
institution--
``(i) that, wherever located, is--
``(I) organized under the laws of a
state sponsor of terrorism or any
jurisdiction within a state sponsor of
terrorism;
``(II) owned or controlled by the
government of a state sponsor of
terrorism;
``(III) located in the territory of
a state sponsor of terrorism; or
``(IV) owned or controlled by a
foreign financial institution described
in subclause (I), (II), or (III); and
``(ii) the capitalization of which exceeds
$10,000,000.
``(B) State sponsor of terrorism defined.--In this
paragraph, the term `state sponsor of terrorism' means
a country the government of which the Secretary of
State has determined is a government that has
repeatedly provided support for acts of international
terrorism for purposes of--
``(i) section 1754(c) of the Export Control
Reform Act of 2018;
``(ii) section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371);
``(iii) section 40 of the Arms Export
Control Act (22 U.S.C. 2780); or
``(iv) any other provision of law.''.
SEC. 103. SANCTIONS AGAINST CERTAIN AGENCIES AND INSTRUMENTALITIES OF
FOREIGN STATES.
(a) In General.--Title I of the Hizballah International Financing
Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note) is
amended by adding at the end the following:
``SEC. 103. SANCTIONS AGAINST CERTAIN AGENCIES AND INSTRUMENTALITIES OF
FOREIGN STATES.
``(a) Sanctions.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Hizballah International Financing
Prevention Amendments Act of 2018, and as appropriate
thereafter, the President shall impose the sanctions described
in paragraph (3) with respect to an agency or instrumentality
of a foreign state described in paragraph (2).
``(2) Agency or instrumentality of a foreign state
described.--An agency or instrumentality of a foreign state is
described in this paragraph if the President determines that
the agency or instrumentality has, on or after the date of the
enactment of the Hizballah International Financing Prevention
Amendments Act of 2018, knowingly--
``(A) conducted significant joint combat operations
with, or significantly supported combat operations of,
Hizballah; or
``(B) provided significant financial support for or
to, or significant arms or related materiel to,
Hizballah.
``(3) Sanctions described.--The sanctions described in this
paragraph are the exercise of all powers granted to the
President by the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (except that the requirements of
section 202 of such Act (50 U.S.C. 1701) shall not apply) to
the extent necessary to block and prohibit all transactions in
all property and interests in property of an agency or
instrumentality of a foreign state if such property and
interests in property are in the United States, come within the
United States, or are or come within the possession or control
of a United States person.
``(b) Waiver.--
``(1) In general.--The President may, for periods not to
exceed 180 days, waive the imposition of sanctions under this
section with respect to an agency or instrumentality of a
foreign state if the President certifies to the appropriate
congressional committees that such waiver is vital to the
national security interests of the United States.
``(2) Briefing.--Not later than 30 days after the issuance
of a waiver under paragraph (1) with respect to an agency or
instrumentality of a foreign state, and every 180 days
thereafter while the waiver remains in effect, the President
shall brief the appropriate congressional committees on the
status of the involvement of the agency or instrumentality in
activities described in subsection (a)(2).
``(c) Special Rule.--The President shall not be required to impose
sanctions under this section with respect to an agency or
instrumentality of a foreign state if the Secretary certifies in
writing to the appropriate congressional committees that--
``(1) the agency or instrumentality--
``(A) is no longer engaging in activities described
in subsection (a)(2); or
``(B) has taken and is continuing to take
significant verifiable steps toward terminating such
activities; and
``(2) the President has received reliable assurances from
the government of the foreign state that the agency or
instrumentality will not engage in any activity described in
subsection (a)(2) in the future.
``(d) Definitions.--In this section:
``(1) Agency or instrumentality of a foreign state.--The
term `agency or instrumentality of a foreign state' has the
meaning given the term in section 1603(b) of title 28, United
States Code.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs, the
Committee on Financial Services, the Committee on Ways
and Means, the Committee on the Judiciary, the
Committee on Appropriations, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
``(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on the Judiciary, Committee on Finance,
Committee on Appropriations, and the Select Committee
on Intelligence of the Senate.
``(3) Arms or related materiel.--The term `arms or related
materiel' means--
``(A) nuclear, biological, chemical, or
radiological weapons or materials or components of such
weapons;
``(B) ballistic or cruise missile weapons or
materials or components of such weapons; and
``(C) destabilizing numbers and types of advanced
conventional weapons.
``(4) Hizballah.--The term `Hizballah' has the meaning
given such term in section 102(e).
``(5) United states person.--The term `United States
person' has the meaning given such term in section 101(d).''.
(b) Clerical Amendment.--The table of contents for the Hizballah
International Financing Prevention Act of 2015 is amended by inserting
after the item relating to section 102 the following new item:
``Sec. 103. Sanctions against certain agencies and instrumentalities of
foreign states.''.
SEC. 104. DIPLOMATIC INITIATIVES TO PREVENT HOSTILE ACTIVITIES BY IRAN
AND DISRUPT AND DEGRADE HIZBALLAH'S ILLICIT NETWORKS.
(a) Diplomatic Engagement.--Title I of the Hizballah International
Financing Prevention Act of 2015 (Public Law 114-102; 129 Stat. 2206;
50 U.S.C. 1701 note), as amended by section 103 of this Act, is further
amended by adding at the end the following:
``SEC. 104. DIPLOMATIC INITIATIVES TO PREVENT HOSTILE ACTIVITIES BY
IRAN AND DISRUPT AND DEGRADE HIZBALLAH'S ILLICIT
NETWORKS.
``Not later than 180 days after the date of the enactment of the
Hizballah International Financing Prevention Amendments Act of 2018,
the President shall instruct the Secretary of State, in consultation
with the Secretary of the Treasury, to increase cooperation with
foreign governments to assist in strengthening the capacity of such
governments to prevent hostile activity by Iran and disrupt and degrade
Hizballah's illicit activities, including diplomatic engagement that
involves--
``(1) efforts to target and expose illicit finance
networks, arrest perpetrators, freeze assets, and address Iran
and Hizballah's use of illicit financial networks using
international trade and banking systems;
``(2) efforts to assist willing governments with the
development of counter-organized crime legislation, the
strengthening of financial investigative capacity, and a fully-
vetted counter-organized crime judicial model in jurisdictions
plagued with corruption; and
``(3) efforts to persuade governments to list Hizballah as
a terrorist organization.''.
(b) Clerical Amendment.--The table of contents for the Hizballah
International Financing Prevention Act of 2015 is amended by inserting
after the item related to section 103, as added by section 103(b) of
this Act, the following new item:
``Sec. 104. Diplomatic initiatives to prevent hostile activities by
Iran and disrupt and degrade Hizballah's
illicit networks.''.
TITLE II--NARCOTICS TRAFFICKING AND TRANSNATIONAL CRIMINAL ACTIVITIES
OF HIZBALLAH
SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO AFFILIATED NETWORKS
OF HIZBALLAH FOR TRANSNATIONAL CRIMINAL ACTIVITIES.
(a) Statement of Policy.--It is the policy of the United States to
determine if individuals and entities that are designated by the United
States Government on or after the date of the enactment of this Act as
being associated with Hizballah are engaged in transnational organized
crime or related activities on or after such date of enactment.
(b) In General.--Section 201 of the Hizballah International
Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701
note) is amended to read as follows:
``SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO AFFILIATED NETWORKS
OF HIZBALLAH FOR TRANSNATIONAL CRIMINAL ACTIVITIES.
``(a) In General.--The President shall, on or after the date of the
enactment of the Hizballah International Financing Prevention
Amendments Act of 2018, impose the sanctions described in subsection
(b) with respect to affiliated networks of Hizballah, including, as
appropriate, by reason of significant transnational criminal activities
engaged in by such networks.
``(b) Sanctions Described.--The sanctions described in this
subsection are sanctions applicable with respect to Hizballah pursuant
to any provision of law, including Executive Order 13581 (50 U.S.C.
1701 note; relating to blocking property of transnational criminal
organizations) (as such Executive Order was in effect on the day before
the date of the enactment of the Hizballah International Financing
Prevention Amendments Act of 2018).
``(c) Waiver.--The President may, for periods not to exceed 180
days, waive the imposition of sanctions under this section if the
President certifies to the appropriate congressional committees that
such waiver is in the national security interests of the United States.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs, the
Committee on Ways and Means, the Committee on
Appropriations, the Committee on Financial Services,
and the Permanent Select Committee on Intelligence of
the House of Representatives; and
``(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Appropriations, and the Select Committee
on Intelligence of the Senate.
``(2) Hizballah.--The term `Hizballah' has the meaning
given such term in section 102(e).''.
(c) Conforming Amendment.--The title heading for title II of the
Hizballah International Financing Prevention Act of 2015 is amended to
read as follows:
``TITLE II--SANCTIONS AND REPORTS RELATING TO NARCOTICS TRAFFICKING AND
SIGNIFICANT TRANSNATIONAL CRIMINAL ACTIVITIES OF HIZBALLAH''.
(d) Clerical Amendments.--The table of contents for the Hizballah
International Financing Prevention Act of 2015 is amended--
(1) by striking the item relating to title II and inserting
the following:
``TITLE II--SANCTIONS AND REPORTS RELATING TO NARCOTICS TRAFFICKING AND
SIGNIFICANT TRANSNATIONAL CRIMINAL ACTIVITIES OF HIZBALLAH''; and
(2) by striking the item relating to section 201 and
inserting the following:
``Sec. 201. Imposition of sanctions with respect to affiliated networks
of Hizballah for transnational criminal
activities.''.
SEC. 202. REPORT ON RACKETEERING ACTIVITIES ENGAGED IN BY HIZBALLAH.
(a) In General.--Section 202 of the Hizballah International
Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701
note) is amended to read as follows:
``SEC. 202. REPORT ON RACKETEERING ACTIVITIES ENGAGED IN BY HIZBALLAH.
``(a) In General.--Not later than 180 days after the date of the
enactment of the Hizballah International Financing Prevention
Amendments Act of 2018, the President shall submit to the appropriate
congressional committees a report on information regarding activities
that Hizballah, and agents and affiliates of Hizballah, have engaged in
that are racketeering activities, including any patterns regarding such
racketeering activities.
``(b) Form of Report.--Each report required under subsection (a)
shall be submitted in an unclassified form but may contain a classified
annex.
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on the Judiciary, the Committee
on Foreign Affairs, the Committee on Financial
Services, and the Committee on Appropriations of the
House of Representatives; and
``(B) the Committee on the Judiciary, the Committee
on Foreign Relations, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate.
``(2) Hizballah.--The term `Hizballah' has the meaning
given such term in section 102(e).
``(3) Racketeering activity.--The term `racketeering
activity' means any activity that would be considered a
racketeering activity (as defined in section 1961(1) of title
18, United States Code) if the activity were engaged in the
United States or by a United States person.
``(4) United states person.--The term `United States
person' has the meaning given such term in section 101(d).''.
(b) Clerical Amendment.--The table of contents for the Hizballah
International Financing Prevention Act of 2015 is amended by striking
the item relating to section 202 and inserting the following:
``Sec. 202. Report on racketeering activities engaged in by
Hizballah.''.
SEC. 203. MODIFICATION OF REPORT ON ACTIVITIES OF FOREIGN GOVERNMENTS
TO DISRUPT ACTIVITIES OF HIZBALLAH; REPORTS ON MEMBERSHIP
IN HIZBALLAH.
(a) In General.--Section 204 of the Hizballah International
Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701
note) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``this Act'' and inserting ``the Hizballah
International Financing Prevention Amendments Act of
2018, and once every 2 years thereafter for the
following 4 years'';
(B) in subparagraph (D)(ii)(II), by striking
``and'' at the end;
(C) in subparagraph (E), by striking ``and free-
trade zones.'' and inserting ``free-trade zones,
business partnerships and joint ventures, and other
investments in small and medium-sized enterprises;'';
and
(D) by adding at the end the following:
``(F) a list of jurisdictions outside of Lebanon
that expressly consent to, or with knowledge allow, the
use of their territory by Hizballah to carry out
terrorist activities, including training, financing,
and recruitment;
``(G) a description of the total aggregate revenues
and remittances that Hizballah receives from the global
logistics networks of Hizballah;
``(H) a list of Hizballah's sources of revenue,
including sources of revenue based on illicit activity,
revenues from Iran, charities, and other business
activities;
``(I) a list of Hizballah's expenditures, including
expenditures for ongoing military operations, social
networks, and external operations;
``(J) a description of steps to be taken by Federal
agencies to combat the illicit tobacco trafficking
networks used by Hizballah;
``(K) an assessment of Hizballah's financial
operations in areas under its operational or political
control in Lebanon and Syria and available measures to
target Hizballah's financial operations in those areas;
``(L) a review of Hizballah's international
operational capabilities, including in the United
States;
``(M) a review of--
``(i) the total number and value of
Hizballah-related assets seized and forfeited;
and
``(ii) the total number of indictments,
prosecutions, and extraditions of Hizballah
members or affiliates; and
``(N) a review of efforts by the United States to
prevent hostile activities by Iran and disrupt and
degrade Hizballah's illicit networks in the Western
Hemisphere, including interagency coordination to
ensure that information-sharing, interdictions,
arrests, investigations, indictments, sanctions, and
designations related to Hizballah individuals or
networks in the Western Hemisphere are integrated,
coordinated, and publicly communicated by the United
States in a manner that supports United States
interests.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Enhanced Due Diligence.--
``(1) In general.--The President is authorized to require
each financial institution in the United States that knowingly
maintains a correspondent account or a payable-through account
in the United States for a foreign financial institution
described in paragraph (2) to establish enhanced due diligence
policies, procedures, and controls in accordance with section
5318(i)(2)(B) of title 31, United States Code, and regulations
to implement such section with respect to such accounts.
``(2) Foreign financial institution described.--A foreign
financial institution described in this paragraph is a foreign
financial institution that the President determines provides
significant financial services to persons operating in a
jurisdiction identified in unclassified form in the list
required under subsection (a)(1)(F).
``(3) Definitions.--In this subsection, the terms
`correspondent account' and `payable-through account' have the
meanings given those terms in section 5318A of title 31, United
States Code.''; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) by striking ``this Act, and every 180 days
thereafter,'' and inserting ``the Hizballah
International Financing Prevention Amendments Act of
2018, and every 180 days thereafter for the following 4
years,''; and
(B) by adding before the period at the end the
following: ``and on any requirements for enhanced due
diligence prescribed under subsection (b)''.
(b) Report on Estimated Net Worth of Senior Hizballah Members.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that contains--
(A) the estimated total net worth of each
individual described in paragraph (2); and
(B) to the extent feasible, a description of how
funds of each individual described in paragraph (2)
were acquired, and how such funds have been used or
employed.
(2) Individuals described.--The individuals described in
this paragraph are the following:
(A) The Secretary General of Hizballah.
(B) Members of Hizballah's senior leadership or
senior associates of Hizballah that the President
determines materially assist or support Hizballah.
(C) Any other individual that the President
determines is a senior foreign political figure of
Hizballah.
(3) Form of report; public availability.--
(A) Form.--The report required under paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
(B) Public availability.--The unclassified portion
of the report required under paragraph (1) shall be
made available to the public in precompressed, easily
downloadable versions that are made available in all
appropriate formats.
(4) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Affairs, the
Committee on Financial Services, and the
Permanent Select Committee on Intelligence of
the House of Representatives; and
(ii) the Committee on Foreign Relations,
the Committee on Banking, Housing, and Urban
Affairs, and the Select Committee on
Intelligence of the Senate.
(B) Funds.--The term ``funds'' means--
(i) cash;
(ii) equity;
(iii) any other intangible asset the value
of which is derived from a contractual claim,
including bank deposits, bonds, stocks, a
security (as defined in section 2(a) of the
Securities Act of 1933 (15 U.S.C. 77b(a))), or
a security or an equity security (as those
terms are defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C.
78c(a))); and
(iv) anything else of value that the
Secretary of the Treasury determines to be
appropriate.
(C) Senior foreign political figure.--The term
``senior foreign political figure'' has the meaning
given that term in section 1010.605 of title 31, Code
of Federal Regulations (or any successor regulation).
(c) Report on Individuals Who Are Members of the Lebanese
Parliament and Who Identify as Members of Hizballah.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a report that contains the
following:
(A) A list of individuals who are members of the
Lebanese Parliament and who identify as members of
Hizballah.
(B) A description of any significant conduct of
individuals on the list required under subparagraph (A)
that the President determines may be grounds for
designation pursuant to Executive Order 13224 (50
U.S.C. 1701 note; relating to blocking property and
prohibiting transactions with persons who commit,
threaten to commit, or support terrorism).
(2) Form.--The report required under paragraph (1) shall be
transmitted in unclassified form, but may include a classified
annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Select Committee on Intelligence of the Senate.
TITLE III--GENERAL PROVISIONS
SEC. 301. REGULATORY AUTHORITY.
(a) In General.--The President shall, not later than 180 days after
the date of the enactment of this Act, prescribe regulations as
necessary for the implementation of this Act and the amendments made by
this Act.
(b) Notification to Congress.--Not later than 10 days before the
prescription of regulations under subsection (a), the President shall
notify the appropriate congressional committees regarding the proposed
regulations and the provisions of this Act and the amendments made by
this Act that the regulations are implementing.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 302. IMPLEMENTATION; PENALTIES; JUDICIAL REVIEW; EXEMPTIONS; RULE
OF CONSTRUCTION; EXCEPTION RELATING TO IMPORTATION OF
GOODS.
(a) In General.--Title I of the Hizballah International Financing
Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note), as
amended by sections 103 and 104 of this Act, is further amended by
adding at the end the following:
``SEC. 105. IMPLEMENTATION; PENALTIES; JUDICIAL REVIEW; EXEMPTIONS;
RULE OF CONSTRUCTION.
``(a) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out sections
101, 102, 103, and 201 of this Act.
``(b) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person that violates, attempts to
violate, conspires to violate, or causes a violation of regulations
prescribed to carry out section 101, 102, 103, or 201 of this Act to
the same extent that such penalties apply to a person that commits an
unlawful act described in subsection (a) of such section 206.
``(c) Procedures for Judicial Review of Classified Information.--
``(1) In general.--If a finding under section 101, 102,
103, or 201 of this Act, or a prohibition, condition, or
penalty imposed as a result of any such finding, is based on
classified information (as defined in section 1(a) of the
Classified Information Procedures Act (18 U.S.C. App.)) and a
court reviews the finding or the imposition of the prohibition,
condition, or penalty, the President may submit such
information to the court ex parte and in camera.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to confer or imply any right to judicial
review of any finding under section 101, 102, 103, or 201 of
this Act, or any prohibition, condition, or penalty imposed as
a result of any such finding.
``(d) Exemptions.--The following activities shall be exempt from
sections 101, 102, 103, and 201 of this Act:
``(1) Any authorized intelligence, law enforcement, or
national security activities of the United States.
``(2) Any transaction necessary to comply with United
States obligations under the Agreement between the United
Nations and the United States of America regarding the
Headquarters of the United States, signed at Lake Success June
26, 1947, and entered into force November 21, 1947, or the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or any other
United States international agreement.
``(e) Rule of Construction.--Nothing in section 101, 102, 103, or
201 of this Act shall be construed to limit the authority of the
President under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) or under any other provision of law.
``(f) Exception Relating to Importation of Goods.--
``(1) In general.--The authorities and requirements to
impose sanctions under this Act shall not include the authority
or requirement to impose sanctions on the importation of goods.
``(2) Definition.--In this subsection, the term `good'
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.''.
(b) Clerical Amendment.--The table of contents for the Hizballah
International Financing Prevention Act of 2015, as amended by this Act,
is further amended by inserting after the item relating to section 104,
as added by section 104(b) of this Act, the following new item:
``Sec. 105. Implementation; penalties; judicial review; exemptions;
rule of construction.''.
(c) Conforming Amendments.--Section 102 of the Hizballah
International Financing Prevention Act of 2015 (Public Law 114-102; 50
U.S.C. 1701 note) is amended--
(1) in subsection (a), by striking paragraphs (3) and (4);
(2) by striking subsection (e); and
(3) by redesignating subsection (f) as subsection (e).
SEC. 303. REPORT CONSOLIDATION AND MODIFICATION.
(a) In General.--Any and all reports required to be submitted to
Congress under this Act or the Hizballah International Financing
Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note) that
are subject to a deadline for submission consisting of the same unit of
time may be consolidated into a single report that is submitted to
Congress pursuant to such deadline.
(b) Matters to Be Included.--Any report that is consolidated into a
single report as described in subsection (a) shall contain all
information required under this Act or the Hizballah International
Financing Prevention Act of 2015 in addition to all other elements
required by previous law.
(c) Reports Modification.--The North Korea Sanctions and Policy
Enhancement Act of 2016 is amended as follows:
(1) In section 209(a)(3)(A) (22 U.S.C. 9229(a)(3)(A)), by
striking ``not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter'' and
inserting ``not later than 90 days after the date of the
enactment of the Hizballah International Financing Prevention
Amendments Act of 2018, and every 180 days thereafter for 5
years''.
(2) In section 302(a) (22 U.S.C. 9241(a)), by striking
``Not later than 180 days after the date of the enactment of
this Act'' and inserting ``Not later than 120 days after the
date of the enactment of the Hizballah International Financing
Prevention Amendments Act of 2018, and periodically
thereafter''.
Attest:
Clerk.
115th CONGRESS
2d Session
S. 1595
_______________________________________________________________________
AMENDMENT