[House Report 114-781]
[From the U.S. Government Publishing Office]


114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-781

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5931) TO PROVIDE FOR THE 
 PROHIBITION ON CASH PAYMENTS TO THE GOVERNMENT OF IRAN, AND FOR OTHER 
 PURPOSES, AND WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH 
   RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE 
                           COMMITTEE ON RULES

                                _______
                                

 September 21, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Byrne, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 879]

    The Committee on Rules, having had under consideration 
House Resolution 879, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5931, the 
Prohibiting Future Ransom Payments to Iran Act, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Foreign Affairs. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
purpose of amendment an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 114-64 and 
provides that it shall be considered as read. The resolution 
waives all points of order against that amendment in the nature 
of a substitute. The resolution makes in order only those 
further amendments printed in this report. Each such amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides one motion to recommit with or 
without instructions.
    Section 2 of the resolution waives clause 6(a) of rule XIII 
(requiring a two-thirds vote to consider a rule on the same day 
it is reported from the Rules Committee) against any resolution 
reported through the legislative day of September 27, 2016, 
relating to a measure making or continuing appropriations for 
the fiscal year ending September 30, 2017.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 214

    Motion by Ms. Foxx to report the rule. Adopted: 8-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................  ............
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................  ............
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Royce (CA): Clarifies prohibited forms of payment to 
Iran, to include monetary instruments and precious metals. (10 
minutes)
    2. Pompeo (KS): Prohibits the U.S. government from making 
ransom payments. (10 minutes)
    3. Pompeo (KS): Imposes sanctions on Iranians involved in 
kidnapping or unjustly detaining US citizens. (10 minutes)
    4. Duffy (WI): Prohibits cash and precious metal payments 
to designated state sponsors of terrorism and North Korea in 
addition to Iran. (10 minutes)
    5. Engel (NY): SUBSTITUTE Requires the President to notify 
Congress of a payment made to any State Sponsor of Terrorism or 
North Korea pursuant to a settlement or judgment against the 
United States. The amendment requires the President to report 
on pending claims before the Iran-US Claims Tribunal. (10 
minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Royce of California or 
                 His Designee, Debatable for 10 Minutes

  Page 5, strike line 11 and all that follows through line 17 
and insert the following:
  (a) Prohibition.--
          (1) In general.--Notwithstanding any other provision 
        of law, beginning on the date of the enactment of this 
        Act, the United States Government may not provide, 
        directly or indirectly, to the Government of Iran--
                  (A) monetary instruments; or
                  (B) precious metals.
          (2) Definitions.--In this subsection--
                  (A) the term ``monetary instruments'' has the 
                meaning given the term in paragraph (dd) of 
                section 1010.100 of title 31, Code of Federal 
                Regulations; and
                  (B) the term ``precious metal'' has the 
                meaning given the term in section 1027.100(d) 
                of title 31, Code of Federal Regulations.
  Page 6, after line 11, insert the following:
  (c) Rule of Construction.--The term ``agreement to settle a 
claim or claims brought before the Iran-United States Claims 
Tribunal'', as used in subsection (b), shall not be construed 
to mean a ``promissory note'', as used in the definition of 
``monetary instrument'' for purposes of subsection (a).
  Page 6, line 12, strike ``(c)'' and insert ``(d)''.
  Page 7, line 6, strike ``(d)'' and insert ``(e)''.
                              ----------                              


2. An Amendment To Be Offered by Representative Pompeo of Kansas or His 
                   Designee, Debatable for 10 Minutes

  Page 11, after line 21, add the following:

SEC. 10. PROHIBITION ON UNITED STATES GOVERNMENT PAYMENT OF RANSOM.

  (a) In General.--Except as provided by subsection (b), the 
President and all officers of the United States Government 
shall not make a payment to a government or person for the 
purpose of securing the release of unjustly detained 
individuals who are nationals of the United States or aliens 
who are lawfully admitted for permanent residence in the United 
States.
  (b) Exception.--The prohibition under subsection (a) does not 
prohibit the United States Government from providing assistance 
to individuals who are nationals of the United States or aliens 
who are lawfully admitted for permanent residence in the United 
States that have been arrested.
  (c) Enforcement.--The Secretary of the Treasury, in 
consultation with the Secretary of State and the Attorney 
General, may take such actions, including the promulgation of 
such rules and regulations, as may be necessary to carry out 
the purposes of this section.
  (d) Definitions.--In this section:
          (1) Entity.--The term ``entity'' means a corporation, 
        business association, partnership, trust, society, or 
        any other entity.
          (2) Person.--The term ``person'' means an individual 
        or entity.
                              ----------                              


3. An Amendment To Be Offered by Representative Pompeo of Kansas or His 
                   Designee, Debatable for 10 Minutes

  Page 11, after line 21, add the following:

SEC. 10. SANCTIONS WITH RESPECT TO IRANIAN PERSONS THAT HOLD OR DETAIN 
                    UNITED STATES NATIONALS OR ALIENS LAWFULLY ADMITTED 
                    FOR PERMANENT RESIDENCE.

  (a) Imposition of Sanctions.--Not later than 60 days after 
the date of the enactment of this Act, the President shall 
impose the sanctions described in subsection (b) with respect 
to--
          (1) any Iranian person involved in the kidnapping or 
        unjust detention on or after March 9, 2007, of any 
        individual who is a national of the United States or an 
        alien who is lawfully admitted for permanent residence 
        in the United States;
          (2) any Iranian person that engages, or attempts to 
        engage, in an activity or transaction that materially 
        contributes to, or poses a risk of materially 
        contributing to, kidnapping or unjust detention 
        described in paragraph (1); and
          (3) any Iranian person that--
                  (A) is owned or controlled by a person 
                described in paragraph (1) or (2);
                  (B) is acting for or on behalf of such a 
                person; or
                  (C) provides, or attempts to provide--
                          (i) financial, material, 
                        technological, or other support to a 
                        person described in paragraph (1) or 
                        (2); or
                          (ii) goods or services in support of 
                        an activity or transaction described in 
                        paragraph (1) or (2).
  (b) Sanctions Described.--The President shall block, in 
accordance with the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.), all transactions in all property and 
interests in property of any person 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.
  (c) Exception; Penalties.--
          (1) Inapplicability of national emergency 
        requirement.--The requirements of section 202 of the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1701) shall not apply for purposes of subsection (b).
          (2) Exception relating to importation of goods.--The 
        requirement to block and prohibit all transactions in 
        all property and interests in property under subsection 
        (b) shall not include the authority to impose sanctions 
        on the importation of goods.
          (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 subsection (b) to the 
        same extent that such penalties apply to a person that 
        commits an unlawful act described in subsection (a) of 
        such section 206.
  (d) Definitions.--In this section:
          (1) Entity.--The term ``entity'' means a corporation, 
        business association, partnership, trust, society, or 
        any other entity.
          (2) Iranian person.--The term ``Iranian person'' 
        means--
                  (A) an individual who is a citizen or 
                national of the Islamic Republic of Iran; or
                  (B) an entity organized under the laws of the 
                Islamic Republic of Iran or otherwise subject 
                to the jurisdiction of the Government of the 
                Islamic Republic of Iran.
          (3) Person.--The term ``person'' means an individual 
        or entity.
          (4) United states person.--The term ``United States 
        person'' means--
                  (A) an individual who is a national of the 
                United States or an alien who is lawfully 
                admitted for permanent residence in the United 
                States; or
                  (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the 
                United States, including a foreign branch of 
                such an entity.
                              ----------                              


 4. An Amendment To Be Offered by Representative Duffy of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 11, after line 21, add the following:

SEC. 10. PROHIBITION ON CASH PAYMENTS TO STATE SPONSORS OF TERRORISM.

  (a) Prohibition.--
          (1) In general.--Notwithstanding any other provision 
        of law, beginning on the date of the enactment of this 
        Act, the United States Government may not provide, 
        directly or indirectly, to a government of a state 
        sponsor of terrorism, or an agent acting on behalf of 
        such a government--
                  (A) monetary instruments; or
                  (B) precious metals.
          (2) Definitions.--In this subsection--
                  (A) the term ``monetary instruments'' has the 
                meaning given the term in paragraph (dd) of 
                section 1010.100 of title 31, Code of Federal 
                Regulations; and
                  (B) the term ``precious metal'' has the 
                meaning given the term in section 1027.100(d) 
                of title 31, Code of Federal Regulations.
  (b) Application to North Korea.--
          (1) In general.--Subsection (a) shall apply with 
        respect to a payment, or an agreement to make a 
        payment, to an agency or instrumentality of the 
        Government of the Democratic Peoples' Republic of 
        Korea, or an agent acting on behalf of such Government, 
        in the same manner and to the same extent as such 
        subsection applies with respect to a payment, or an 
        agreement to make a payment, to an agency or 
        instrumentality of a state sponsor of terrorism, 
        subject to the termination provisions described in 
        paragraph (2).
          (2) Termination.--Subsection (a) shall cease to apply 
        with respect to a payment, or an agreement to make a 
        payment, to an agency or instrumentality of the 
        Government of the Democratic Peoples' Republic of 
        Korea, or an agent acting on behalf of such Government, 
        beginning on the date on which the President makes the 
        certification to Congress under section 402 of the 
        North Korea Sanctions and Policy Enhancement Act of 
        2016 (Public Law 114-122; 22 U.S.C. 92512).
  (c) State Sponsor of Terrorism Defined.--In this section, the 
term ``state sponsor of terrorism'' means a country the 
government of which the Secretary of State has determined, for 
purposes of section 6(j)(1)(A) of the Export Administration Act 
of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (as continued in effect 
pursuant to the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.)), section 620A(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2371(a)), section 40(d) of 
the Arms Export Control Act (22 U.S.C. 2780(d)), or any other 
provision of law, to be a government that has repeatedly 
provided support for acts of international terrorism.
                              ----------                              


    5. An Amendment in the Nature of a Substitute To Be Offered by 
  Representative Engel of New York or His Designee, Debatable for 10 
                                Minutes

  Strike the text of the committee print and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Restrictions on Payments to 
State Sponsors of Terrorism Act''.

SEC. 2. RESTRICTIONS ON PAYMENTS TO STATE SPONSORS OF TERRORISM.

  (a) In General.--No agency or instrumentality of the United 
States Government may make a payment, or enter into an 
agreement to make a payment, to an agency or instrumentality of 
a government of a state sponsor of terrorism, or an agent 
acting on behalf of such a government, in settlement of a claim 
or judgment against the United States, unless, not less than 5 
days prior to making such payment or entering into such 
agreement, the President submits to the appropriate committees 
of Congress in writing--
          (1) a notification of the proposed payment or 
        agreement; and
          (2) the text of the claim or judgment with respect to 
        which such payment or agreement relates.
  (b) Application to North Korea.--
          (1) In general.--Subsections (a) and (c) shall apply 
        with respect to a payment, or an agreement to make a 
        payment, to an agency or instrumentality of the 
        Government of the Democratic Peoples' Republic of 
        Korea, or an agent acting on behalf of such Government, 
        in the same manner and to the same extent as such 
        subsections apply with respect to a payment, or an 
        agreement to make a payment, to an agency or 
        instrumentality of a state sponsor of terrorism, 
        subject to the termination provisions described in 
        paragraph (2).
          (2) Termination.--Subsections (a) and (c) shall cease 
        to apply with respect to a payment, or an agreement to 
        make a payment, to an agency or instrumentality of the 
        Government of the Democratic Peoples' Republic of 
        Korea, or an agent acting on behalf of such Government, 
        beginning on the date on which the President makes the 
        certification to Congress under section 402 of the 
        North Korea Sanctions and Policy Enhancement Act of 
        2016 (Public Law 114-122; 22 U.S.C. 92512).
  (c) Publication in the Federal Register.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, and every 180 days 
        thereafter, the President shall publish in the Federal 
        Register a list of payments, and agreements to make 
        payments, to agencies and instrumentalities of 
        governments of a state sponsors of terrorism as 
        described in subsection (a) that were made or entered 
        into during the prior 180-day period.
          (2) Contents.--The list of payments, and agreements 
        to make payments, required to be published in the 
        Federal Register under paragraph (1) shall, with 
        respect to each such payment or agreement, include the 
        following:
                  (A) The amount of the payment or agreement.
                  (B) The agency or instrumentality of the 
                United States Government that made the payment 
                or entered into the agreement.
                  (C) The reason or reasons for the payment or 
                agreement.

SEC. 3. REPORT ON OUTSTANDING CLAIMS BEFORE THE IRAN-UNITED STATES 
                    CLAIMS TRIBUNAL.

  (a) Report.--The President shall submit to the appropriate 
committees of Congress a report that describes each claim 
pending before the Iran-United States Claims Tribunal as of the 
date of enactment of this Act.
  (b) Matters to Be Included.--The report required under 
subsection (a) shall include the amount (if an amount is 
specified) and the status before the Iran-United States Claims 
Tribunal of each claim described in subsection (a).
  (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified 
annex if necessary.
  (d) Deadline.--The report required under subsection (a) shall 
be submitted to the appropriate committees of Congress not 
later than 90 days after the date of the enactment of this Act 
and annually thereafter until the disposition of all claims 
pending before the Iran-United States Claims Tribunal.

SEC. 4. EXCLUSION OF CERTAIN ACTIVITIES.

  Nothing in this Act shall apply to any activities subject to 
the reporting requirements of title V of the National Security 
Act of 1947.

SEC. 5. RULE OF CONSTRUCTION.

  Nothing in this Act shall be construed to authorize any 
payment by the Government of the United States to a state 
sponsor of terrorism or North Korea.

SEC. 6. DEFINITIONS.

  In this Act:
          (1) Appropriate congressional committees.--The term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Foreign Affairs, the 
                Committee on the Judiciary, and the Committee 
                on Financial Services of the House of 
                Representatives; and
                  (B) the Committee on Foreign Relations, the 
                Committee on the Judiciary, and the Committee 
                on Banking, Housing, and Urban Affairs of the 
                Senate.
          (2) State sponsor of terrorism.--The term ``state 
        sponsor of terrorism'' means a country the government 
        of which the Secretary of State has determined, for 
        purposes of section 6(j)(1)(A) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 
        2405(j)(1)(A)) (as continued in effect pursuant to the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1701 et seq.)), section 620A(a) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2371(a)), section 
        40(d) of the Arms Export Control Act (22 U.S.C. 
        2780(d)), or any other provision of law, to be a 
        government that has repeatedly provided support for 
        acts of international terrorism.

                                  [all]