[Congressional Record (Bound Edition), Volume 162 (2016), Part 9]
[House]
[Pages 12312-12315]
[From the U.S. Government Publishing Office, www.gpo.gov]




           STATE SPONSORS OF TERRORISM REVIEW ENHANCEMENT ACT

  Mr. ROYCE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5484) to modify authorities that provide for rescission of 
determinations of countries as state sponsors of terrorism, and for 
other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5484

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``State Sponsors of Terrorism 
     Review Enhancement Act''.

     SEC. 2. MODIFICATIONS OF AUTHORITIES THAT PROVIDE FOR 
                   RESCISSION OF DETERMINATIONS OF COUNTRIES AS 
                   STATE SPONSORS OF TERRORISM.

       (a) Foreign Assistance Act of 1961.--Section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371) is amended--
       (1) in subsection (c)(2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``45 days'' and inserting ``90 days''; and
       (B) in subparagraph (A), by striking ``6-month period'' and 
     inserting ``24-month period'';
       (2) by redesignating subsection (d) as subsection (e);
       (3) by inserting after subsection (c) the following:
       ``(d) Disapproval of Rescission.--No rescission under 
     subsection (c)(2) of a determination under subsection (a) 
     with respect to the government of a country may be made if 
     the Congress, within 90 days after receipt of a report under 
     subsection (c)(2), enacts a joint resolution described in 
     subsection (f)(2) of section 40 of the Arms Export Control 
     Act with respect to a rescission under subsection (f)(1) of 
     such section of a determination under subsection (d) of such 
     section with respect to the government of such country.'';
       (4) in subsection (e) (as redesignated), in the matter 
     preceding paragraph (1), by striking ``may be'' and inserting 
     ``may, on a case-by-case basis, be''; and
       (5) by adding at the end the following new subsection:
       ``(f) Notification and Briefing.--Not later than--
       ``(1) ten days after initiating a review of the activities 
     of the government of the country concerned within the 24-
     month period referred to in subsection (c)(2)(A), the 
     President, acting through the Secretary of State, shall 
     notify the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate of such initiation; and
       ``(2) 20 days after the notification described in paragraph 
     (1), the President, acting through the Secretary of State, 
     shall brief such committees on the status of such review.''.
       (b) Arms Export Control Act.--Section 40 of the Arms Export 
     Control Act (22 U.S.C. 2780) is amended--
       (1) in subsection (f)--
       (A) in paragraph (1)(B)--
       (i) in the matter preceding clause (i), by striking ``45 
     days'' and inserting ``90 days''; and
       (ii) in clause (i), by striking ``6-month period'' and 
     inserting ``24-month period''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``45 days'' and 
     inserting ``90 days''; and
       (ii) in subparagraph (B), by striking ``45-day period'' and 
     inserting ``90-day period'';
       (2) in subsection (g), in the matter preceding paragraph 
     (1), by striking ``may waive'' and inserting ``may, on a 
     case-by-case basis, waive'';
       (3) by redesignating subsection (l) as subsection (m); and
       (4) by inserting after subsection (k) the following new 
     subsection:
       ``(l) Notification and Briefing.--Not later than--
       ``(1) ten days after initiating a review of the activities 
     of the government of the country concerned within the 24-
     month period referred to in subsection (f)(1)(B)(i), the 
     President, acting through the Secretary of State, shall 
     notify the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate of such initiation; and

[[Page 12313]]

       ``(2) 20 days after the notification described in paragraph 
     (1), the President, acting through the Secretary of State, 
     shall brief such committees on the status of such review.''.
       (c) Export Administration Act of 1979.--
       (1) In general.--Section 6(j) of the Export Administration 
     Act of 1979 (50 U.S.C. App. 2405(j)), as continued in effect 
     under the International Emergency Economic Powers Act, is 
     amended--
       (A) in paragraph (4)(B)--
       (i) in the matter preceding clause (i), by striking ``45 
     days'' and inserting ``90 days''; and
       (ii) in clause (i), by striking ``6-month period'' and 
     inserting ``24-month period'';
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (C) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) Disapproval of Rescission.--No rescission under 
     paragraph (4)(B) of a determination under paragraph (1)(A) 
     with respect to the government of a country may be made if 
     the Congress, within 90 days after receipt of a report under 
     paragraph (4)(B), enacts a joint resolution described in 
     subsection (f)(2) of section 40 of the Arms Export Control 
     Act with respect to a rescission under subsection (f)(1) of 
     such section of a determination under subsection (d) of such 
     section with respect to the government of such country.
       ``(6) Notification and Briefing.--Not later than--
       ``(A) ten days after initiating a review of the activities 
     of the government of the country concerned within the 24-
     month period referred to in paragraph (4)(B)(i), the 
     President, acting through the Secretary and the Secretary of 
     State, shall notify the Committee on Foreign Affairs of the 
     House of Representatives and the Committee on Foreign 
     Relations of the Senate of such initiation; and
       ``(B) 20 days after the notification described in paragraph 
     (1), the President, acting through the Secretary and the 
     Secretary of State, shall brief such committees on the status 
     of such review.''.
       (2) Regulations.--The President shall amend the Export 
     Administration Regulations under subchapter C of chapter VII 
     of title 15, Code of Federal Regulations, to the extent 
     necessary and appropriate to carry out the amendment made by 
     paragraph (1).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. ROYCE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank the gentleman from Florida (Mr. Yoho), 
for his leadership in authoring this critical legislation.
  The designation of a foreign government as a state sponsor of 
terrorism is one of our government's most powerful statements. In 
addition to imposing sanctions and other restrictions, the designation 
itself earns a state pariah status internationally, and that is 
deserved. After all, these are countries whose governments back the 
killing of innocents as a matter of policy.
  To be added to the list, the Secretary of State must determine that 
the government of such country has repeatedly provided support for acts 
of international terrorism. The designation then triggers unilateral 
sanctions by the United States. These sanctions include a ban on 
exports of weapons. It also includes limits on financing and economic 
assistance and restrictions on exports that can be used by that country 
to enhance its military capability or, of course, its ability to 
support terrorism.
  These are important tools. They are powerful tools. Yet, under 
current law, to delist a state sponsor of terrorism, the administration 
only needs to certify that the country has refrained from supporting 
terrorism for a mere 6 months.
  Administrations from both parties have abused this process. In 2008, 
North Korea's designation was rescinded following commitments it made 
to dismantle its nuclear weapons program. North Korea, of course, was 
delisted prematurely, but it kept its nuclear program, as evidenced by 
its fifth nuclear test last week.
  Likewise, Cuba continues to harbor terrorists, both foreign and 
domestic terrorists. It continues to meddle in Venezuela. It continues 
its support for Iran's designs on Latin America. Just last month, Cuba 
hosted the Iranian foreign minister, as Tehran seeks to expand its 
presence in the hemisphere.
  This legislation is an important check against administration 
overreach, increasing the period of time a country must refrain from 
supporting terrorism from 6 months to 2 years before it is eligible for 
being delisted. The bill also increases the period of time that 
Congress has to review any such proposed action by the President from 
45 days to 90 days. So the bill strengthens congressional oversight of 
the process.
  I strongly urge my colleagues to support the legislation authored by 
Mr. Ted Yoho. I think it is critical.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this measure. I want to thank 
Chairman Royce and Mr. Yoho of Florida for their hard work on the bill.
  Mr. Speaker, under current law, there are only two ways off the State 
Sponsors of Terrorism list. The first is a fundamental change in the 
leadership and policies of a country's government. The other is if the 
President certifies to Congress that a government has not provided any 
support for international terrorism for at least 6 months, and that the 
country has provided assurances that it will not support international 
terrorism in the future. This legislation would stretch that 6-month 
period to 2 years. It would also double the length of time Congress has 
to review such a certification, from 45 days to 90 days.
  Now, Mr. Speaker, I don't think we are going to find ourselves in a 
situation in which any of the countries currently on that list would 
need to be rushed off, particularly Syria and Iran. But our job as 
legislators is not just to look at what is in front of us as we draft a 
law, but to consider what unintended consequences we might face down 
the road.
  As I said when we marked up this bill in June at the committee, I do 
think we need to carefully consider the implications of extending the 
waiting period so dramatically. No one wants a terrorist state to come 
off the list before circumstances justify, but unlikely as it may seem 
today, we could encounter diplomatic opportunities where the 
flexibility to act quickly might be in our own national security 
interests. We just can't envision what kind of challenges we will face 
years down the road.
  So I support the measure, but I do have some trepidation that the 2-
year waiting period could potentially hamstring our government's 
ability to respond strategically to rapidly changing events. I hope 
that, as we monitor this, Members will keep an open mind with respect 
to the waiting period as the legislative process goes forward. Again, I 
support the legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROYCE. Mr. Speaker, I yield 4 minutes to the gentlewoman from 
Florida (Ms. Ros-Lehtinen), the chairman emeritus of the Foreign 
Affairs Committee.
  Ms. ROS-LEHTINEN. Mr. Speaker, I thank the chairman and Dr. Yoho for 
putting forth this wonderful bill. The State Sponsors of Terrorism 
Review Enhancement Act is the work of our Florida colleague, Ted Yoho. 
I thank Dr. Yoho for his leadership on this bill, as well as Chairman 
Royce and Ranking Member Engel for their leadership in getting it to 
the House floor.
  This bill is an important and necessary legislative fix to a broken 
process: the manner in which nations are delisted as state sponsors of 
terrorism.
  Over the years, through three different statutes, Congress developed 
the State Sponsors of Terrorism list and the consequences for being on 
the list. The three laws--the Foreign Assistance Act, the Arms Export 
Control Act, and the Export Administration Act--work to prevent state 
sponsors of terrorism from receiving assistance, goods, and

[[Page 12314]]

technology that could help support terrorism.
  In past decades, administrations from both sides of the aisle have 
mistakenly and prematurely delisted states, for example, including 
taking North Korea off the list in 2008, as the chairman pointed out, 
and removing Cuba, as the chairman pointed out, last year. North Korea 
has armed and supported organizations like Hezbollah and Hamas and has 
reportedly assisted the regime in Syria and in Iran in developing their 
nuclear weapons program.
  Other examples of North Korea's provocations and destructive behavior 
are prolific, including continued illegal nuclear weapons tests like 
the one that we just saw last week; missiles launches; cyberattacks, 
sinking a South Korean naval vessel; and shipping weapons systems likes 
those that were intercepted out of Cuba in the year 2013.
  Cuba has links to North Korea and state sponsors of terrorism Iran 
and Syria. It provides safe haven to terror groups like the Colombian 
FARC and Spanish ETA, and harbors fugitives, as the chairman pointed 
out, from American justice, like convicted cop killer JoAnne Chesimard.
  As we saw in the cases of Cuba and North Korea, the process in which 
Congress is able to weigh in on whether a nation should or should not 
be delisted as a state sponsor of terrorism is a broken process, and 
only one of three laws provides a legislative mechanism to stop it. 
Only one.
  This bill aims to fix that, extending the amount of time that 
Congress has to review an administration's proposal to delist a country 
and providing Congress with a mechanism, under each law, to block its 
removal by enacting a joint resolution of disapproval.
  It is a simple legislative fix, Mr. Speaker, that allows Congress to 
fulfill its oversight responsibility, determine whether these countries 
are still supporting terrorism, and prevent them from being delisted 
should there not be enough evidence for their removal.
  Congress needs to have the ability that it always had and that we 
thought it had to weigh in on attempts to remove countries from the 
list and to ensure that countries that are still supporting terrorism 
remain sanctioned, restricted from any material that they might be 
receiving that could aid in their terrorism, and remain on the State 
Sponsors of Terrorism list where they belong.
  So it makes a change to the law, the review process that should have 
been made a long time ago. I thank Dr. Yoho for doing this. It allows 
Congress to execute its proper oversight responsibilities and prevent 
the executive branch from delisting countries as state sponsors of 
terrorism prematurely.
  We have seen in cases of both North Korea and Cuba, delisted by 
Republican and Democratic administrations respectively, that giving 
these nations these concessions only emboldens the rogue regimes and 
undermines our national security.
  Mr. ROYCE. Mr. Speaker, I yield 4 minutes to the gentleman from 
Florida (Mr. Yoho), the author of this important antiterrorism 
legislation.
  Mr. YOHO. Mr. Speaker, I thank Chairman Royce, Ranking Member Engel, 
and my colleague, Ms. Ros-Lehtinen, for the kind words and for pointing 
out that, just 2 years ago, Cuba was caught shipping armaments to North 
Korea.
  I stand in support, obviously, of the bill, H.R. 5484, the State 
Sponsors of Terrorism Review Enhancement Act. This designation of a 
foreign government, as Mr. Royce has already pointed out, as a state 
sponsor of terrorism, is one of the United States' most powerful 
statements as a nation that we can stamp on another country.
  Besides imposing sanctions, the stamp of state sponsor of terrorism 
labels a state untouchable to the international community. This pariah 
status, as pointed out, is much deserved, as these are states that 
support the killing of innocent people as a matter of policy.
  However, under current law, in order for a state to be delisted, the 
President of the United States only needs to certify that the country 
being considered for delisting has not engaged in supporting terrorism 
for a paltry 6 months. As Ms. Ros-Lehtinen pointed out, just 2 years 
ago, Cuba sent missiles to North Korea.
  Considering the heinous acts of violence these countries have 
supported in the past, we should not be allowing them to be delisted 
for political purposes or whatever reasons after only 6 months. This 
increases the oversight of one of Congress' oldest committees, the 
Foreign Affairs Committee, and adds another layer of protection not 
just for America, but for the world community.

                              {time}  1600

  To address this, my legislation will quadruple the time a designated 
country must refrain from sponsoring terrorism before the President can 
remove it from the sponsor list from 6 months to 24 months; it 
increases congressional oversight by doubling the time Congress has to 
review the President's proposed removal from 45 to 90 days; it 
establishes a uniform process through which Congress can disapprove of 
the President's decision to remove a country from the list; and it 
requires the administration to notify and brief Congress--and I think 
this is probably one of the most important things--upon initiating a 
review of a designated country's potential removal from that list.
  This legislation will assert congressional scrutiny and oversight 
and, hopefully, bring to an end politically motivated delistings. 
Successive administrations, as was pointed out, both Republicans and 
Democrats alike, delisted countries based on their Precedency's legacy 
rather than the facts. H.R. 5484 will stop absurd delistings like that 
of North Korea in 2008.
  As we have already talked about, North Korea was delisted in exchange 
for their promise of dismantling their nuclear program. However, 8 
years and five nuclear tests later, as the gentleman pointed out, they 
remain off the list and threatening America with their videos and their 
acts of irresponsibility, North Korea, supporting terrorism abroad.
  By increasing the amount of time for a state to not be engaged in 
terrorism and increasing congressional oversight and scrutiny, H.R. 
5484, hopefully, will not allow mistakes such as the delisting of North 
Korea to take place.
  Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
  I thank the chairman again, and thank Mr. Yoho for his hard work and 
commitment on this.
  Obviously, the handful of countries on the State Sponsors of 
Terrorism list are some of the worst actors in the world: Sudan, Syria, 
and Iran. We need policies that are tough, and any changes to that list 
must be preceded by real, permanent changes in the way those 
governments do business. And, of course, I believe Congress has an 
important oversight role to play on such matters.
  I have voiced my concerns about parts of this legislation, namely, 
that multiplying the waiting period by a factor of four might have 
unintended consequences. Perhaps it should have been a little less than 
that. But I trust that if we do run into trouble down the road, we will 
do whatever it takes to make sure that our government has the tools 
needed to act in America's best interests.
  So I support this measure and, again, I thank Mr. Yoho for his hard 
work.
  Mr. Speaker, I yield back the balance of my time.
  Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, 6 months to get off of that list for a terrorist 
country, that is an odd situation. We should not be giving terrorist 
regimes a clean bill of health in such a short time in that, by 
definition, these are regimes that kill innocents as a matter of 
policy. That is what terrorism is. And given that this process has been 
abused, in the case of North Korea, what is to prevent another White 
House from removing countries from the list to advance their own flawed 
agendas?
  Congress, I think, has a responsibility to prevent that from 
happening;

[[Page 12315]]

and, ultimately, these regimes must understand that the only way to be 
delisted is to actually change their behavior and discontinue their 
support for terrorism, not simply press for their status to be reversed 
as a condition of a separate negotiation. That is what North Korea did 
some years ago. That is what concerns us here.
  Again, I would like to recognize Mr. Yoho for his excellent work on 
this legislation, and I urge its adoption.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Royce) that the House suspend the rules 
and pass the bill, H.R. 5484.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________