Section 1 Short title
This Act may be cited as the “No Hezbollah In Our Hemisphere Act”.
No Hezbollah In Our Hemisphere Act
A BILL
To counter efforts by Hezbollah to conduct terrorist activities in Latin America, and for other purposes.
Sec. 2 Findings
Congress finds the following:
Iran and Hezbollah, an Iranian proxy, have been allowed to build their Latin American regional networks with impunity.
Hezbollah is not considered a terrorist organization in most countries south of the Rio Grande River.
In Latin America, the only countries that have designated Hezbollah as a terrorist organization are Argentina, Colombia, Guatemala, Honduras, and Paraguay.
The ability of local authorities to monitor or prosecute Hezbollah and its local operatives is limited without such a designation.
Hezbollah has support from local authoritarian regimes aligned with the Islamic Republic of Iran, such as the Nicolás Maduro regime in Venezuela, which has essentially become Iran’s forward operating base in Latin America.
Hezbollah’s infrastructure in Peru, Colombia, Chile, and the Tri-Border Area of Argentina, Brazil, and Paraguay continues to grow.
In recent years, Hezbollah’s focus in Latin America has been on infiltrating criminal networks, money laundering, and sophisticated smuggling operations.
Sec. 3 Sense of Congress
It is the sense of Congress that the Secretary of State should pursue aggressive efforts against Iranian proxy networks in the Western Hemisphere, including by—
demanding that governments put an end to the impunity enjoyed by designated individuals and entities or face the consequences described in this Act for their inaction;
working with allies, potentially through international forums, such as the Financial Action Task Force, to greylist government entities that cooperate with Hezbollah;
engaging governments in Latin America to ensure they have adequate legislative tools to investigate terrorist activities and combat the financing of terrorism; and
persuading allies in the Latin America to designate Hezbollah as a terrorist organization, using Argentina’s model for designation as a blueprint.
Sec. 4 Defined term
In this Act, the term appropriate congressional committees means—
the Committee on the Judiciary of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Relations of the Senate;
the Committee on the Judiciary of the House of Representatives;
the Committee on Financial Services of the House of Representatives; and
the Committee on Foreign Affairs of the House of Representatives.
Sec. 5 Determination with respect to terrorist sanctuaries
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Director of National Intelligence, the Secretary of the Treasury, the Secretary of Homeland Security, the Attorney General, and the heads of other relevant Federal agencies, shall—
conduct an assessment to determine whether any country, region, or jurisdiction in Latin America meets the definition of “terrorist sanctuary” under section 140(d)(4) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(4)); and
submit the results of such assessment to the appropriate congressional committees.
Considerations— In making a determination pursuant to subsection (a), the Secretary of State shall consider—
the extent to which Hezbollah or any other foreign terrorist organization (as designated pursuant to section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a))) operates freely, raises or transfers funds, recruits, or obtains safe haven within a given country, region, or jurisdiction;
whether the host government has knowingly tolerated, or has failed to take action to address, terrorist activities after learning of their existence; and
any other factors relevant to the definition of “terrorist sanctuary” under section 140(d)(4) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(4)).
Sec. 6 Revocation of visas
In general— The President may impose the sanctions described in subsection (b) with respect to any foreign individual the President determines is a government official of any foreign state, subdivision, or municipality designated as a terrorist sanctuary under section 5 unless such official has taken significant, verifiable steps to stop such activity or the relevant jurisdiction no longer meets the definition of terrorist sanctuary under section 140(d)(4) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(4)).
Sanctions described—
Ineligibility for visas and admissions to the united states— A foreign individual described in subsection (a) shall be—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked—
In general— The issuing consular officer or the Secretary of State (or a designee of the Secretary), in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), shall revoke any visa or other entry documentation issued to a foreign individual described in subsection (a) regardless of when the visa or other entry documentation was issued.
Effect of revocation— A revocation under subparagraph (A) shall—
take effect immediately; and
automatically cancel any other valid visa or entry documentation that is in the foreign individual’s possession.
Rulemaking— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this subsection.
Exception To comply with law enforcement objectives and agreement regarding the headquarters of the United Nations— Sanctions under subsection (b) shall not apply to a foreign person if admitting the person into the United States—
would further important law enforcement objectives; or
is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.
Waiver—
In general— The President may waive the application of sanctions under subsection (b) with respect to—
an individual, on a case-by-case basis for periods not to exceed 180 days, if the President determines that such individual’s entry or continued presence in the United States is vital to the national security interests of the United States; and
a jurisdiction, including a foreign country, or any subdivision of such country, that is designated as a terrorist sanctuary pursuant to section 5, for periods not to exceed 1 year, if the President determines that waiving the application of sanctions with respect to officials or other residents of such jurisdiction is in the national interest of the United States.
Report— Not later than 15 days before granting or renewing a waiver under paragraph (1), the President shall submit a report to the appropriate congressional committees that includes—
the name of the individual or the specific jurisdiction subject to the waiver;
a detailed justification explaining how the waiver serves—
the national security interests of the United States (for individuals); or
the national interest of the United States (for jurisdictions); and
with respect to renewals—
an assessment of the individual’s or jurisdiction’s activities during the most recent waiver period; and
any conditions imposed to ensure compliance with United States interests.
Termination of sanctions— The President may terminate the application of sanctions under this section with respect to a foreign individual if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of such sanctions that—
the foreign individual is no longer engaged in the activity that was the basis for such sanctions or has taken significant verifiable steps toward stopping such activity;
the President has received reliable assurances that such individual will not knowingly engage in any activity subject to sanctions under this section in the future; or
the termination of such sanctions is in the national security interests of the United States.
Rulemaking— The President shall issue such regulations, licenses, and orders as may be necessary to carry out this section.
Sec. 7 Sunset
Any sanctions imposed pursuant to this Act shall terminate 5 years after the date of the enactment of this Act.