Text: H.R.2297 — 114th Congress (2015-2016)All Bill Information (Except Text)

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Public Law No: 114-102 (12/18/2015)

 
[114th Congress Public Law 102]
[From the U.S. Government Publishing Office]



[[Page 129 STAT. 2205]]

Public Law 114-102
114th Congress

                                 An Act


 
  To prevent Hizballah and associated entities from gaining access to 
     international financial and other institutions, and for other 
            purposes. <<NOTE: Dec. 18, 2015 -  [H.R. 2297]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hizballah 
International Financing Prevention Act of 2015. 50 USC 1701 note.>> 
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.

[[Page 129 STAT. 2206]]

 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) <<NOTE: President.>>  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) <<NOTE: Deadline. President. Regulations. Determination.>>  
        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).

[[Page 129 STAT. 2207]]

            (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 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) <<NOTE: Applicability.>>  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) <<NOTE: President. Time periods.>>  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) <<NOTE: Determination.>>  determines that such a 
                waiver is in the national security interests of the 
                United States; and
                    (B) <<NOTE: Reports.>>  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.

[[Page 129 STAT. 2208]]

    (c) <<NOTE: President. Certification.>>  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) <<NOTE: Determination.>>  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--

[[Page 129 STAT. 2209]]

                          (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. <<NOTE: President.>>  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) <<NOTE: Procedures.>>  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--

[[Page 129 STAT. 2210]]

            (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. <<NOTE: President.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Deadlines.>>  Briefing.--Not later than 90 days after 
the date of the enactment of this Act, and annually thereafter, the 
Secretary of State shall provide a briefing to the appropriate 
congressional

[[Page 129 STAT. 2211]]

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) <<NOTE: Lists. Assessments.>>  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,

[[Page 129 STAT. 2212]]

                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) <<NOTE: Definition.>>  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. <<NOTE: Deadlines.>> --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. <<NOTE: President. Deadlines.>>  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.

[[Page 129 STAT. 2213]]

SEC. 303. <<NOTE: President. Certification.>>  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).

    Approved December 18, 2015.

LEGISLATIVE HISTORY--H.R. 2297:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 161 (2015):
            May 14, considered and passed House.
            Nov. 17, considered and passed Senate, amended.
            Dec. 16, House concurred in Senate amendments.

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