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[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>
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