[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2297 Enrolled Bill (ENR)]
H.R.2297
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
To prevent Hizballah and associated entities from gaining access to
international financial and other institutions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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TITLE I

-PREVENTION OF ACCESS BY HIZBALLAH TO INTERNATIONAL FINANCIAL

in certain transactions.
TRANSNATIONAL CRIMINAL ACTIVITIES OF HIZBALLAH

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8b9d192207d2866484f221590a94def8c16836f4c008725e4f76792371dd4030

TITLE II

-REPORTS AND BRIEFINGS ON NARCOTICS TRAFFICKING AND SIGNIFICANT

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logistics networks and fundraising, financing, and money
laundering activities of Hizballah.

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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.
AND OTHER INSTITUTIONS

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TITLE III

-MISCELLANEOUS PROVISIONS

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.

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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 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.
SIGNIFICANT TRANSNATIONAL CRIMINAL ACTIVITIES OF HIZBALLAH

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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.

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-REPORTS AND BRIEFINGS ON NARCOTICS TRAFFICKING AND

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.

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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 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.

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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.

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Nothing in this Act or any amendment made by this Act shall apply
to the authorized intelligence activities of the United States.

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(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.

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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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Hezbollah International Financing Prevention Act of 2015 — HR. 2297

Other Sections

TITLE I

TITLE II

TITLE III

TITLE II

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