[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]
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).
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