[Congressional Record Volume 161, Number 169 (Tuesday, November 17, 2015)]
[Senate]
[Pages S8024-S8026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2809. Mr. McCAIN (for himself and Mr. Flake) submitted an 
amendment intended to be proposed by him to the bill H.R. 2577, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       After section 119C, insert the following:
       Sec. 119D.  Section 213(c) of the FAA Modernization and 
     Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) 
     is amended by adding at the end the following:
       ``(3) Notifications and consultations.--Not less than 90 
     days before applying a categorical exclusion under this 
     subsection to a new procedure at an OEP airport, the 
     Administrator shall--
       ``(A) notify and consult with the operator of the airport 
     at which the procedure would be implemented; and
       ``(B) consider consultations or other engagement with the 
     community in the which the airport is located to inform the 
     public of the procedure.
       ``(4) Review of certain categorical exclusions.--
       ``(A) In general.--The Administrator shall review a 
     decision of the Administrator made on or after February 14, 
     2012, and before the date of the enactment of this paragraph 
     to grant a categorical exclusion under this subsection with 
     respect to a procedure to be implemented at an OEP airport 
     that was a material change from procedures previously in 
     effect at the airport to determine if the implementation of 
     the procedure had a significant effect on the human 
     environment in the community in which the airport is located 
     if the operator of that airport requests such a review and 
     demonstrates that there is good cause to believe that the 
     implementation of the procedure had such an effect.
       ``(B) Content of review.--If, in conducting a review under 
     subparagraph (A) with respect to a procedure implemented at 
     an OEP airport, the Administrator, in consultation with the 
     operator of the airport, determines that implementing the 
     procedure had a significant effect on the human environment 
     in the community in which the airport is located, the 
     Administrator shall--
       ``(i) consult with the operator of the airport to identify 
     measures to mitigate the effect of the procedure on the human 
     environment; and
       ``(ii) in conducting such consultations, consider the use 
     of alternative flight paths.
       ``(C) Human environment defined.--In this paragraph, the 
     term `human environment' has the meaning given that term in 
     section 1508.14 of title 40, Code of Federal Regulations (as 
     in effect on the day before the date of the enactment of this 
     paragraph).''.
                                 ______
                                 
  SA 2810. Mr. DAINES (for Mr. Rubio (for himself, Mrs. Shaheen, Mr. 
Shelby, Mr. Brown, Mr. McCain, Mr. Roberts, Mr. Kirk, Ms. Collins, Ms. 
Ayotte, Mr. Hatch, Mr. Lankford, Mr. Cruz, Mr. Isakson, and Mr. 
Rounds)) proposed an amendment to the bill H.R. 2297, to prevent 
Hizballah and associated entities from gaining access to international 
financial and other institutions, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Hizballah 
     International Financing Prevention Act of 2015''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Statement of policy.

 TITLE I--PREVENTION OF ACCESS BY HIZBALLAH TO INTERNATIONAL FINANCIAL 
                         AND OTHER INSTITUTIONS

Sec. 101. Report on imposition of sanctions on certain satellite 
              providers that carry al-Manar TV.
Sec. 102. Sanctions with respect to financial institutions that engage 
              in certain transactions.

     TITLE II--REPORTS AND BRIEFINGS ON NARCOTICS TRAFFICKING AND 
       SIGNIFICANT TRANSNATIONAL CRIMINAL ACTIVITIES OF HIZBALLAH

Sec. 201. Report and briefing on narcotics trafficking by Hizballah.
Sec. 202. Report and briefing on significant transnational criminal 
              activities of Hizballah.
Sec. 203. Rewards for Justice and Hizballah's fundraising, financing, 
              and money laundering activities.
Sec. 204. Report on activities of foreign governments to disrupt global 
              logistics networks and fundraising, financing, and money 
              laundering activities of Hizballah.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Rule of construction.
Sec. 302. Regulatory authority.
Sec. 303. Termination.

     SEC. 2. STATEMENT OF POLICY.

       It shall be the policy of the United States to--
       (1) prevent Hizballah's global logistics and financial 
     network from operating in order to curtail funding of its 
     domestic and international activities; and
       (2) utilize all available diplomatic, legislative, and 
     executive avenues to combat the global criminal activities of 
     Hizballah as a means to block that organization's ability to 
     fund its global terrorist activities.

 TITLE I--PREVENTION OF ACCESS BY HIZBALLAH TO INTERNATIONAL FINANCIAL 
                         AND OTHER INSTITUTIONS

     SEC. 101. REPORT ON IMPOSITION OF SANCTIONS ON CERTAIN 
                   SATELLITE PROVIDERS THAT CARRY AL-MANAR TV.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees and leadership a report 
     on the following:
       (1) The activities of all satellite, broadcast, Internet, 
     or other providers that have knowingly entered into a 
     contractual relationship with al-Manar TV, and any affiliates 
     or successors thereof.
       (2) With respect to all providers described in paragraph 
     (1)--
       (A) an identification of those providers that have been 
     sanctioned 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); and
       (B) an identification of those providers that have not been 
     sanctioned pursuant to Executive Order 13224 and, with 
     respect to each such provider, any information indicating 
     that the provider has knowingly entered into a contractual 
     relationship with al-Manar TV, and any affiliates or 
     successors of al-Manar TV.
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form to the greatest 
     extent possible, but may include a classified annex.
       (c) Appropriate Congressional Committees and Leadership 
     Defined.--In this section, the term ``appropriate 
     congressional committees and leadership'' means--
       (1) the Speaker, the minority leader, the Committee on 
     Foreign Affairs, the Committee on Financial Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives; and
       (2) the majority leader, the minority leader, the Committee 
     on Foreign Relations, the Committee on Banking, Housing, and 
     Urban Affairs, and the Select Committee on Intelligence of 
     the Senate.

     SEC. 102. SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS 
                   THAT ENGAGE IN CERTAIN TRANSACTIONS.

       (a) Prohibitions and Conditions With Respect to Certain 
     Accounts Held by Foreign Financial Institutions.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall prescribe 
     regulations to prohibit, or impose strict conditions on, the 
     opening or maintaining in the United States of a 
     correspondent account or a payable-through account by a 
     foreign financial institution that the President determines, 
     on or after such date of enactment, engages in an activity 
     described in paragraph (2).
       (2) Activities described.--A foreign financial institution 
     engages in an activity described in this paragraph if the 
     foreign financial institution--
       (A) knowingly facilitates a significant transaction or 
     transactions for Hizballah;
       (B) knowingly facilitates a significant transaction or 
     transactions of a person identified on the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury and the property and interests in property of which 
     are

[[Page S8025]]

     blocked pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.) for acting on behalf of 
     or at the direction of, or being owned or controlled by, 
     Hizballah;
       (C) knowingly engages in money laundering to carry out an 
     activity described in subparagraph (A) or (B); or
       (D) knowingly facilitates a significant transaction or 
     transactions or provides significant financial services to 
     carry out an activity described in subparagraph (A), (B), or 
     (C).
       (3) 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 under this 
     subsection to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (4) Procedures for judicial review of classified 
     information.--
       (A) In general.--If a finding under this subsection, 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.
       (B) Rule of construction.--Nothing in this paragraph shall 
     be construed to confer or imply any right to judicial review 
     of any finding under this subsection or any prohibition, 
     condition, or penalty imposed as a result of any such 
     finding.
       (b) Waiver.--
       (1) In general.--The President may waive, on a case-by-case 
     basis, the application of a prohibition or condition imposed 
     with respect to a foreign financial institution pursuant to 
     subsection (a) for a period of not more than 180 days, and 
     may renew the waiver for additional periods of not more than 
     180 days, on and after the date on which the President--
       (A) determines that such a waiver is in the national 
     security interests of the United States; and
       (B) submits to the appropriate congressional committees a 
     report describing the reasons for such determination.
       (2) Form.--The report required by paragraph (1)(B) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (c) Special Rule To Allow for Termination of Sanctionable 
     Activity.--The President shall not be required to apply 
     sanctions to a foreign financial institution described in 
     subsection (a) if the President certifies in writing to the 
     appropriate congressional committees that--
       (1) the foreign financial institution--
       (A) is no longer engaging in the activity described in 
     subsection (a)(2); or
       (B) has taken and is continuing to take significant 
     verifiable steps toward terminating the activity described in 
     that subsection; and
       (2) the President has received reliable assurances from the 
     government with primary jurisdiction over the foreign 
     financial institution that the foreign financial institution 
     will not engage in any activity described in subsection 
     (a)(2) in the future.
       (d) Report on Foreign Central Banks.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of the Treasury shall submit to the appropriate 
     congressional committees a report that--
       (A) identifies each foreign central bank that the Secretary 
     determines engages in one or more activities described in 
     subsection (a)(2)(D); and
       (B) provides a detailed description of each such activity.
       (2) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (e) 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 this section.
       (f) Definitions.--
       (1) In general.--In this section:
       (A) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (B) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (i) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives; and
       (ii) the Committee on Foreign Relations and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate.
       (C) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (D) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations.
       (E) Hizballah.--The term ``Hizballah'' means--
       (i) the entity known as Hizballah and designated by the 
     Secretary of State as a foreign terrorist organization 
     pursuant to section 219 of the Immigration and Nationality 
     Act (8 U.S.C. 1189); or
       (ii) any person--

       (I) the property or interests in property of which are 
     blocked pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.); and
       (II) who is identified on the list of specially designated 
     nationals and blocked persons maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury as 
     an agent, instrumentality, or affiliate of Hizballah.

       (F) Money laundering.--The term ``money laundering'' 
     includes the movement of illicit cash or cash equivalent 
     proceeds into, out of, or through a country, or into, out of, 
     or through a financial institution.
       (2) Other definitions.--The President may further define 
     the terms used in this section in the regulations prescribed 
     under this section.

     TITLE II--REPORTS AND BRIEFINGS ON NARCOTICS TRAFFICKING AND 
       SIGNIFICANT TRANSNATIONAL CRIMINAL ACTIVITIES OF HIZBALLAH

     SEC. 201. REPORT AND BRIEFING ON NARCOTICS TRAFFICKING BY 
                   HIZBALLAH.

       (a) Report.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees and leadership a report 
     on the activities of Hizballah related to narcotics 
     trafficking worldwide.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form to the greatest extent 
     possible, but may include a classified annex.
       (b) Briefing.--Not later than 30 days after the submission 
     of the report required by subsection (a), the President shall 
     provide to the appropriate congressional committees and 
     leadership a briefing on--
       (1) the report;
       (2) procedures for designating Hizballah as a significant 
     foreign narcotics trafficker under the Foreign Narcotics 
     Kingpin Designation Act (21 U.S.C. 1901 et seq.); and
       (3) Government-wide efforts to combat the narcotics 
     trafficking activities of Hizballah.
       (c) Appropriate Congressional Committees and Leadership 
     Defined.--In this section, the term ``appropriate 
     congressional committees and leadership'' means--
       (1) the Speaker, the minority leader, the Committee on 
     Foreign Affairs, the Committee on Financial Services, the 
     Committee on the Judiciary, and the Permanent Select 
     Committee on Intelligence of the House of Representatives; 
     and
       (2) the majority leader, the minority leader, the Committee 
     on Foreign Relations, the Committee on Banking, Housing, and 
     Urban Affairs, the Committee on Finance, the Committee on the 
     Judiciary, and the Select Committee on Intelligence of the 
     Senate.

     SEC. 202. REPORT AND BRIEFING ON SIGNIFICANT TRANSNATIONAL 
                   CRIMINAL ACTIVITIES OF HIZBALLAH.

       (a) Report.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees and leadership a report 
     on the significant transnational criminal activities of 
     Hizballah, including human trafficking.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form to the greatest extent 
     possible, but may include a classified annex.
       (b) Briefing.--Not later than 30 days after the submission 
     of the report required by subsection (a), the President shall 
     provide to the appropriate congressional committees and 
     leadership a briefing on--
       (1) the report;
       (2) procedures for designating Hizballah as a significant 
     transnational criminal organization under Executive Order 
     13581 (75 Fed. Reg. 44,757); and
       (3) Government-wide efforts to combat the transnational 
     criminal activities of Hizballah.
       (c) Appropriate Congressional Committees and Leadership 
     Defined.--In this section, the term ``appropriate 
     congressional committees and leadership'' means--
       (1) the Speaker, the minority leader, the Committee on 
     Foreign Affairs, the Committee on Financial Services, the 
     Committee on the Judiciary, and the Permanent Select 
     Committee on Intelligence of the House of Representatives; 
     and
       (2) the majority leader, the minority leader, the Committee 
     on Foreign Relations, the Committee on Banking, Housing, and 
     Urban Affairs, the Committee on Finance, the Committee on the 
     Judiciary, and the Select Committee on Intelligence of the 
     Senate.

     SEC. 203. REWARDS FOR JUSTICE AND HIZBALLAH'S FUNDRAISING, 
                   FINANCING, AND MONEY LAUNDERING ACTIVITIES.

       (a) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report that 
     details actions taken by the Department of State through the 
     Department of State rewards program under section 36 of the 
     State Department Basic Authorities Act (22 U.S.C. 2708) to 
     obtain information on fundraising, financing, and money 
     laundering activities of Hizballah and its agents and 
     affiliates.
       (b) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, and

[[Page S8026]]

     annually thereafter, the Secretary of State shall provide a 
     briefing to the appropriate congressional committees on the 
     status of the actions described in subsection (a).
       (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. 204. REPORT ON ACTIVITIES OF FOREIGN GOVERNMENTS TO 
                   DISRUPT GLOBAL LOGISTICS NETWORKS AND 
                   FUNDRAISING, FINANCING, AND MONEY LAUNDERING 
                   ACTIVITIES OF HIZBALLAH.

       (a) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report that includes--
       (A) a list of countries that support Hizballah or in which 
     Hizballah maintains important portions of its global 
     logistics networks;
       (B) with respect to each country on the list required by 
     subparagraph (A)--
       (i) an assessment of whether the government of the country 
     is taking adequate measures to disrupt the global logistics 
     networks of Hizballah within the territory of the country; 
     and
       (ii) in the case of a country the government of which is 
     not taking adequate measures to disrupt such networks--

       (I) an assessment of the reasons that government is not 
     taking such adequate measures; and
       (II) a description of measures being taken by the United 
     States to encourage that government to improve measures to 
     disrupt such networks;

       (C) a list of countries in which Hizballah, or any of its 
     agents or affiliates, conducts significant fundraising, 
     financing, or money laundering activities;
       (D) with respect to each country on the list required by 
     subparagraph (C)--
       (i) an assessment of whether the government of the country 
     is taking adequate measures to disrupt the fundraising, 
     financing, or money laundering activities of Hizballah and 
     its agents and affiliates within the territory of the 
     country; and
       (ii) in the case of a country the government of which is 
     not taking adequate measures to disrupt such activities--

       (I) an assessment of the reasons that government is not 
     taking such adequate measures; and
       (II) a description of measures being taken by the United 
     States to encourage that government to improve measures to 
     disrupt such activities; and

       (E) a list of methods that Hizballah, or any of its agents 
     or affiliates, utilizes to raise or transfer funds, including 
     trade-based money laundering, the use of foreign exchange 
     houses, and free-trade zones.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form to the greatest extent 
     possible, and may contain a classified annex.
       (3) Global logistics networks of hizballah.--In this 
     subsection, the term ``global logistics networks of 
     Hizballah'', ``global logistics networks'', or ``networks'' 
     means financial, material, or technological support for, or 
     financial or other services in support of, Hizballah.
       (b) Briefing on Hizballah's Assets and Activities Related 
     to Fundraising, Financing, and Money Laundering Worldwide.--
     Not later than 90 days after the date of the enactment of 
     this Act, and every 180 days thereafter, the Secretary of 
     State, the Secretary of the Treasury, and the heads of other 
     applicable Federal departments and agencies shall provide to 
     the appropriate congressional committees a briefing on the 
     disposition of Hizballah's assets and activities related to 
     fundraising, financing, and money laundering worldwide.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (2) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Select Committee 
     on Intelligence of the Senate.

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. RULE OF CONSTRUCTION.

       Nothing in this Act or any amendment made by this Act shall 
     apply to the authorized intelligence activities of the United 
     States.

     SEC. 302. REGULATORY AUTHORITY.

       (a) In General.--The President shall, not later than 120 
     days after the date of the enactment of this Act, promulgate 
     regulations as necessary for the implementation of this Act 
     and the amendments made by this Act.
       (b) Notification to Congress.--Not less than 10 days before 
     the promulgation of regulations under subsection (a), the 
     President shall notify the appropriate congressional 
     committees of 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. 303. TERMINATION.

       This Act shall terminate on the date that is 30 days after 
     the date on which the President certifies to Congress that 
     Hizballah--
       (1) is no longer designated as a foreign terrorist 
     organization pursuant to section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189); and
       (2) is no longer designated for the imposition of sanctions 
     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).
                                 ______
                                 
  SA 2811. Mr. DAINES (for Mr. Rubio (for himself and Mrs. Shaheen)) 
proposed an amendment to the bill H.R. 2297, to prevent Hizballah and 
associated entities from gaining access to international financial and 
other institutions, and for other purposes; as follows:

       Amend the title so as to read: ``To prevent Hizballah and 
     associated entities from gaining access to international 
     financial and other institutions, and for other purposes.''.

                          ____________________