[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2215 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2215
To ensure that United States taxpayer dollars are not used to fund
terrorist entities in Lebanon, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2011
Mr. Berman (for himself, Mr. Issa, Mr. Boustany, and Mr. Rahall)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committee on Financial
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To ensure that United States taxpayer dollars are not used to fund
terrorist entities in Lebanon, and for other purposes.
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 ``Hezbollah Anti-Terrorism Act of
2011''.
SEC. 2. LIMITATION ON ASSISTANCE TO A HEZBOLLAH-DEPENDENT GOVERNMENT OF
LEBANON.
(a) Declaration of Policy.--It shall be the policy of the United
States--
(1) to promote the sovereignty, independence, and
territorial integrity of Lebanon;
(2) to oppose those organizations, individuals, and
countries that practice or support terrorism or use Lebanon as
a base to instigate attacks of any kind against Lebanese
citizens, the United States, the West, and the State of Israel;
(3) to promote the rule of law, democracy, the cessation of
terrorism and incitement, and good governance in Lebanon; and
(4) to urge members of the international community to avoid
contact with and refrain from supporting the terrorist
organization Hezbollah until it agrees to renounce violence and
disarm.
(b) Amendments.--Chapter 1 of part III of the Foreign Assistance
Act of 1961 (22 U.S.C. 2351 et seq.) is amended--
(1) by redesignating the second section 620J (as added by
section 651 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public
Law 110-161; 121 Stat. 2341) as section 620M; and
(2) by adding at the end the following new section:
``SEC. 620N. LIMITATION ON ASSISTANCE TO A HEZBOLLAH-DEPENDENT
GOVERNMENT OF LEBANON.
``(a) Limitation.--Assistance may not be provided under this Act to
or for the benefit of a Hezbollah-dependent Government of Lebanon
unless a certification described in subsection (c) or a recertification
described in subsection (d) is in effect.
``(b) Exceptions.--Subsection (a) shall not apply with respect to
the following:
``(1) Assistance to meet basic human needs.--Assistance to
meet food, water, medicine, health, or sanitation needs, or
other assistance to meet basic human needs.
``(2) Assistance to promote democracy.--Assistance to
promote democracy, human rights, rule-of-law, and freedom of
the press, provided that such assistance does not directly
benefit Hezbollah or any other foreign terrorist organization.
``(3) Assistance to promote disarmament.--Assistance to
promote disarmament of Lebanese militia, including Hezbollah.
``(4) Assistance to the imet program.--Assistance to
support the United States Government's International Military
Education and Training (IMET) program.
``(5) Assistance to educational institutions.--Assistance
to the American University of Beirut, the Lebanese American
University, and other Lebanese educational institutions.
``(c) Certification.--A certification described in subsection (a)
is a certification transmitted by the President to Congress that
contains a determination of the President that--
``(1) Hezbollah has ceased its support for terrorism,
renounced violence, and disarmed; or
``(2) the Government of Lebanon has made demonstrable
progress toward dismantling all Hezbollah terrorist and
military infrastructure within Lebanon, arresting and bringing
all wanted Hezbollah terrorists to justice, ending all
Hezbollah imports of military and terrorism-related equipment,
destroying unauthorized Hezbollah arms factories, thwarting and
preempting terrorist attacks, and fully cooperating with United
Nations Interim Force in Lebanon (UNIFIL) peacekeepers.
``(d) Recertifications.--Not later than 90 days after the date on
which the President transmits to Congress an initial certification
under subsection (c), and every six months thereafter--
``(1) the President shall transmit to Congress a
recertification that the conditions described in subsection (c)
are continuing to be met; or
``(2) if the President is unable to make such a
recertification, the President shall transmit to Congress a
report that contains the reasons therefor.
``(e) Congressional Notification.--Assistance made available under
this Act to Lebanon may not be provided until 15 days after the date on
which the President has provided notice thereof to the appropriate
congressional committees in accordance with the procedures applicable
to reprogramming notifications under section 634A(a) of this Act.
``(f) National Security Waiver.--The President may waive on a case-
by-case basis the requirement to make a certification under subsection
(c) or a recertification under subsection (d) if the President--
``(1) determines and certifies in writing to the
appropriate congressional committees that it is vital to the
national security interests of the United States to do so; and
``(2) submits to the appropriate congressional committees a
report describing the reasons for the determination,
including--
``(A) a description of the reason or reasons the
President is unable to make a certification under
subsection (c) or a recertification under subsection
(d); and
``(B) a description of the potential impact of the
waiver on United States regional interests.
``(g) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
``(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
``(2) Foreign terrorist organization.--The term `foreign
terrorist organization' means an organization designated as a
foreign terrorist organization by the Secretary of State in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
``(3) Hezbollah-dependent government of lebanon.--The term
`Hezbollah-dependent Government of Lebanon' means--
``(A) a Lebanese government in which Hezbollah is
the majority element in a governing coalition;
``(B) a Lebanese government in which Hezbollah is
the architect or primary forger of the governing
coalition; or
``(C) a Lebanese government which depends on
Hezbollah, even from outside that government, for its
parliamentary majority.''.
(c) Previously Obligated Funds.--The provisions of section 620N of
the Foreign Assistance Act of 1961, as added by subsection (b) of this
section, shall be applicable to the unexpended balances of funds
obligated prior to the date of the enactment of this Act.
SEC. 3. LIMITATION ON ASSISTANCE TO HEZBOLLAH-INFLUENCED MINISTRIES,
AGENCIES, AND INSTRUMENTALITIES OF A GOVERNMENT OF
LEBANON IN WHICH HEZBOLLAH IS A MINORITY ELEMENT IN A
GOVERNING COALITION.
(a) Amendment.--Chapter 1 of part III of the Foreign Assistance Act
of 1961 (22 U.S.C. 2351 et seq.), as amended by section 2(b)(2) of this
Act, is further amended by adding at the end the following new section:
``SEC. 620O. LIMITATION ON ASSISTANCE TO HEZBOLLAH-INFLUENCED
MINISTRIES, AGENCIES, AND INSTRUMENTALITIES OF A
GOVERNMENT OF LEBANON IN WHICH HEZBOLLAH IS A MINORITY
ELEMENT IN A GOVERNING COALITION.
``(a) Limitation.--
``(1) In general.--In the case of a Government of Lebanon
in which Hezbollah is a minority element in a governing
coalition, assistance may not be provided under this Act to, or
to the benefit of, any ministry, agency, or instrumentality in
which the chief official or other senior-level officials are
members of Hezbollah or which is otherwise effectively
controlled by Hezbollah unless a certification described in
section 620N(c) or a recertification described in 620N(d) is in
effect.
``(2) Additional requirement.--A certification described in
section 620N(c)(2) may be made for purposes of subsection (a)
only if the President determines that Hezbollah has fully
cooperated with the Government of Lebanon in making
demonstrable progress toward meeting the conditions specified
in section 620N(c)(2).
``(b) Exceptions.--Subsection (a) shall not apply with respect to
assistance described in paragraphs (1) through (4) of section 620N(b).
``(c) Congressional Notification.--Assistance made available under
this Act to Lebanon may not be provided until 15 days after the date on
which the President has provided notice thereof to the appropriate
congressional committees in accordance with the procedures applicable
to reprogramming notifications under section 634A(a) of this Act.
``(d) National Security Waiver.--The President may waive on a case-
by-case basis the requirement to make a certification under section
620N(c) for purposes of subsection (a) or a recertification under
section 620N(d) for purposes of subsection (a) if the President--
``(1) determines and certifies in writing to the
appropriate congressional committees that it is vital to the
national security interests of the United States to do so; and
``(2) submits to the appropriate congressional committees a
report describing the reasons for the determination,
including--
``(A) a description of the reason or reasons the
President is unable to make a certification under
section 620N(c) for purposes of subsection (a) or a
recertification under section 620N(d) for purposes of
subsection (a); and
``(B) a description of the potential impact of the
waiver on United States regional interests.
``(e) Definition.--In this section, the term `appropriate
congressional committees' has the meaning given the term in section
620N(g).''.
(b) Previously Obligated Funds.--The provisions of section 620O of
the Foreign Assistance Act of 1961, as added by subsection (a) of this
section, shall be applicable to the unexpended balances of funds
obligated prior to the date of the enactment of this Act.
SEC. 4. LIMITATION ON ASSISTANCE FOR NONGOVERNMENTAL ORGANIZATIONS FOR
LEBANON.
(a) Amendment.--Chapter 1 of part III of the Foreign Assistance Act
of 1961 (22 U.S.C. 2351 et seq.), as amended by sections 2(b)(2) and
3(a) of this Act, is further amended by adding at the end the following
new section:
``SEC. 620P. LIMITATION ON ASSISTANCE FOR NONGOVERNMENTAL ORGANIZATIONS
FOR LEBANON.
``(a) Limitation.--
``(1) In general.--Assistance may be provided under this
Act to nongovernmental organizations working in Lebanon only
during a period for which a certification described in section
620N(c) or a recertification described in section 620N(d) is in
effect.
``(2) Applicability.--The limitation on assistance under
paragraph (1) applies only during a period for which a
Hezbollah-dependent Government of Lebanon is in power.
``(b) Exceptions.--Subsection (a) shall not apply with respect to
the following:
``(1) Assistance to meet basic human needs, promote
democracy, and promote disarmament.--Assistance described in
paragraphs (1), (2), and (3) of section 620N(b).
``(2) Assistance for individual members of the lebanese
government.--Assistance, other than funding of salaries or
salary supplements, to individual members of the Lebanese
Government who the President determines are not members of
Hezbollah or any other foreign terrorist organization, for the
purposes of facilitating the attendance of such members in
programs for the development of institutions of democratic
governance, including enhancing the transparent and accountable
operations of such institutions.
``(3) Other types of assistance.--Any other type of
assistance if the President--
``(A) determines that the provision of such
assistance is in the national security interest of the
United States; and
``(B) not less than 30 days prior to the obligation
of amounts for the provision of such assistance--
``(i) consults with the appropriate
congressional committees regarding the specific
programs, projects, and activities to be
carried out using such assistance; and
``(ii) submits to the appropriate
congressional committees a written memorandum
that contains the determination of the
President under subparagraph (A), with an
explanation as to the reasons for the
President's determination.
``(c) Congressional Notification.--Assistance made available under
this Act to nongovernmental organizations for Lebanon may not be
provided until 15 days after the date on which the President has
provided notice thereof to the appropriate congressional committees in
accordance with the procedures applicable to reprogramming
notifications under section 634A(a) of this Act.
``(d) Definitions.--In this section, the terms `appropriate
congressional committees', `foreign terrorist organization', and
`Hezbollah-dependent Government of Lebanon' have the meanings given
such terms in section 620N(g).''.
(b) Oversight and Related Requirements.--
(1) Oversight.--For each of the fiscal years 2011 and 2012,
the Secretary of State shall certify to the appropriate
congressional committees not later than 30 days prior to the
initial obligation of amounts assistance to nongovernmental
organizations for Lebanon under the Foreign Assistance Act of
1961 that procedures have been established to ensure that the
Comptroller General of the United States will have access to
appropriate United States financial information in order to
review the use of such assistance.
(2) Vetting.--
(A) In general.--Prior to any obligation of for
each of the fiscal years 2011 and 2012 for assistance
to nongovernmental organizations for Lebanon under the
Foreign Assistance Act of 1961, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual
or entity that the Secretary knows, or has reason to
believe, advocates, plans, sponsors, engages in, or has
engaged in, terrorist activity.
(B) Procedures.--The Secretary of State shall, as
appropriate, establish procedures specifying the steps
to be taken in carrying out this paragraph and shall
terminate assistance to any individual or entity that
the Secretary has determined advocates, plans,
sponsors, or engages in terrorist activity.
(C) Definition.--In this paragraph, the term
``terrorist activity'' has the meaning given the term
in section 212(a)(3)(B)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1182).
(3) Prohibition.--No amounts made available for fiscal year
2011 or 2012 for assistance to nongovernmental organizations
for Lebanon under the Foreign Assistance Act of 1961 may be
made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed, acts of
terrorism.
SEC. 5. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Requirement.--The President should direct the United States
Executive Director at each international financial institution to use
the voice, vote, and influence of the United States to prohibit
assistance to the Hezbollah-dependent Government of Lebanon (other than
assistance described under subsection (b)) during any period for which
a certification described in section 620N(c) of the Foreign Assistance
Act of 1961 or a recertification described in section 620N(d) of such
Act (as added by section 2(b)(2) of this Act) is not in effect with
respect to the Hezbollah-dependent Government of Lebanon.
(b) Exceptions.--The prohibition on assistance described in
subsection (a) should not apply with respect to the following types of
assistance:
(1) Assistance to meet food, water, medicine, or sanitation
needs, or other assistance to meet basic human needs.
(2) Assistance to promote democracy, human rights, freedom
of the press, non-violence, reconciliation, and peaceful
coexistence, provided that such assistance does not directly
benefit Hezbollah or other foreign terrorist organizations.
(c) Definition.--In this section, the term ``international
financial institution'' has the meaning given the term in section
1701(c)(2) of the International Financial Institutions Act (22 U.S.C.
262r(c)(2)).
SEC. 6. REPORTING REQUIREMENT.
Not later than 90 days after the date of the enactment of this Act,
and annually thereafter, the Secretary of State shall submit to the
appropriate congressional committees a report that--
(1) describes the steps that have been taken by the United
States Government to ensure that other countries and
international organizations, including multilateral development
banks, do not provide direct assistance to the Hezbollah-
dependent Government of Lebanon for any period for which a
certification described in section 620N(c) of the Foreign
Assistance Act of 1961 or a recertification described in
section 620N(d) of such Act (as added by section 2(b)(2) of
this Act) is not in effect; and
(2) identifies any countries and international
organizations, including multilateral development banks, that
are providing direct assistance to the Hezbollah-dependent
Government of Lebanon during such a period, and describes the
nature and amount of such assistance.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Hezbollah-dependent government of lebanon.--The term
``Hezbollah-dependent Government of Lebanon'' has the meaning
given the term in section 620N(g) of the Foreign Assistance Act
of 1961 (as added by section 2(b)(2) of this Act).
<all>