(a) Short titles
This Act may be cited as the Preventing the Undermining of Lebanon's Sovereignty and Economy Act or the PULSE Act.
(b) Table of contents
The table of contents for this Act is as follows:
Section 2. Sense of Congress
It is the sense of Congress that—
(1) political and economic stability in Lebanon is important for regional stability and the national security of the United States;
(2) continuing security assistance to the Lebanese Armed Forces and Internal Security Forces Directorate is—
(A) vital to Lebanese and regional stability and security; and
(B) in the national security interest of the United States;
(3) the Lebanese Armed Forces and the Internal Security Forces of Lebanon are the legitimate guarantors of Lebanese sovereignty and security;
(4) the implementation of United Nations Security Council Resolution 1701 (2006) is vital to Lebanese security and sovereignty, Israeli security, and stability throughout the region;
(5) the selection of a president, in accordance with the rules set forth in the Constitution of Lebanon, is critical to the economic and political stability of Lebanon;
(6) Politicians aligned with Hezbollah have undermined Lebanon’s democracy by failing to hold special sessions of parliament long enough to select a president;
(7) the Government of Lebanon must implement economic reforms mandated by the International Monetary Fund as soon as possible, including capital controls that are applicable to all Lebanese citizens;
(8) members of the Parliament of Lebanon who undermine Lebanese democracy by preventing the selection of a president should be subject to sanctions from the United States;
(9) the production and trafficking of captagon in and through Lebanon enriches criminal gangs and terrorists, including Hezbollah, at the expense of regional stability and Lebanese exports;
(10) supporting Lebanese host communities alongside Syrian refugees is important for the health and well-being of both communities; and
(11) those responsible for the August 4, 2020 explosion at the Port of Beirut must be held accountable through—
(A) a timely and unobstructed investigation by Judge Tarek Bitar; or
(B) an independent outside investigation under the auspices of the United Nations.
Section 3. Statement of policy
It is the policy of the United States—
(1) to support Lebanon’s rule of law and democratic institutions by advocating for the timely selection of a president and government that are free from corruption in a process that is in accordance with the Constitution of Lebanon, including by continuing to impose sanctions on foreign persons who have undermined democracy and the rule of law in Lebanon;
(2) to support the aspirations of the Lebanese people to live—
(A) in peace, security, and prosperity; and
(B) free from the influence of Iran and terrorist groups, such as Hezbollah, which have sought for decades to shape the security and political dynamics within Lebanon;
(3) to assist the full implementation of United Nations Security Council Resolutions 1559 (2004) and 1701 (2006), including by increasing the capacity of the Lebanese Armed Forces to work with the appropriate United Nations monitoring missions to ensure the removal of weapons from non-state groups in designated areas;
(4) to counter—
(A) the build-up of rockets in southern Lebanon by Hezbollah and other Iranian proxy forces, such as Hamas and the Palestinian Islamic Jihad; and
(B) the placement of such rockets in and among the civilian population of southern Lebanon;
(5) to support and build the capacity of the Lebanese Armed Forces and the Internal Security Forces Directorate as the defenders of Lebanon’s territory and sovereignty, including through the continuing provision of security and livelihood assistance;
(6) to support Syrian refugee and Lebanese host communities in Lebanon through the provision of economic and humanitarian assistance;
(7) to support and strengthen civilian state institutions, infrastructure, and the provision of government services for all the Lebanese people, regardless of religion, sect, or ethnicity;
(8) to support the independence of Lebanese state institutions from non-state actors and malign foreign influence;
(9) to increase the capacity of Lebanese state institutions to counter the production and trafficking of captagon in and through Lebanese territory;
(10) to support efforts to hold accountable those responsible for the August 4, 2020 explosion at the Port of Beirut; and
(11) to support Lebanese civil society, including independent journalism and investigative journalists.
(a) Definitions
In this section:
(1) Agricultural commodity
The term agricultural commodity has the meaning given such term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Appropriate committees of Congress
The term appropriate committees of Congress means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Financial Services of the House of Representatives.
(3) Good
The term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(4) Medical device
The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(5) Medicine
The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(b) In general
Each person listed or designated for the imposition of sanctions under Executive Order 13441 (50 U.S.C. 1701 note; relating to blocking property of persons undermining the sovereignty of Lebanon or its democratic processes and institutions) as of the date of the enactment of this Act shall remain so designated except as provided in subsections (c) and (d).
(1) Exception relating to importation of goods
A requirement to block and prohibit all transactions in all property and interests in property pursuant to sanctions under subsection (b) shall not include the authority or a requirement to impose sanctions on the importation of goods.
(2) Exception to comply with the United Nations Headquarters Agreement and law enforcement activities
Sanctions under subsection (b) shall not apply with respect to the admission of an alien to the United States if admitting or paroling the alien into the United States is necessary—
(A) 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; or
(B) to carry out or assist authorized law enforcement activity in the United States.
(3) Exception to comply with intelligence activities
Sanctions under subsection (b) shall not apply with respect to—
(A) any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); or
(B) any authorized intelligence activities of the United States.
(4) Humanitarian assistance
Sanctions under subsection (b) shall not apply with respect to—
(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or
(B) transactions that are necessary for, or related to, the activities described in subparagraph (A).
(d) Termination of sanctions
The President may terminate the application of sanctions under subsection (b) with respect to a person if the President certifies to the appropriate committees of Congress that—
(1) such person—
(A) is not engaging in the activity that was the basis for such sanctions; or
(B) has taken significant, verifiable steps toward stopping the activity that was the basis for such sanctions; and
(2) the President has received reliable assurances that such person will not knowingly engage in any activity subject to sanctions in the future.
(a) Definitions
In this section:
(1) Admission; admitted; alien; lawfully admitted for permanent residence
The terms admission, admitted, alien, and lawfully admitted for permanent residence have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Agricultural commodity
The term agricultural commodity has the meaning given such term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(3) Appropriate committees of Congress
The term appropriate committees of Congress means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Financial Services of the House of Representatives.
(4) Foreign person
The term foreign person means an individual or entity that is not a United States person.
(5) Good
The term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(6) Medical device
The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(7) Medicine
The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(8) United States person
The term United States person means—
(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
(C) any person located in the United States.
(1) In general
Beginning on the date that is 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (c) with respect to a foreign person that the President determines—
(A) knowingly engages, on or after such date of enactment, in an activity described in paragraph (2) that significantly undermines the Government of Lebanon from operating consistent with the rule of law and democratic procedures;
(B) is an adult family member of a foreign person described in subparagraph (A), unless the President determines there is credible information that such adult family member has disassociated himself or herself from such foreign person; or
(C) is owned or controlled by a foreign person described in subparagraph (A).
(2) Activities described
A foreign person engages in an activity described in this paragraph if the foreign person—
(A) is a senior member of the Lebanese Parliament who undermines the rule of law and democratic institutions in the Republic of Lebanon by interfering with or otherwise delaying a special parliamentary session for the purpose of nominating and selecting a President of the Republic of Lebanon when that action is intended to block a known consensus candidate for President with the intent to—
(i) deny such a session a quorum as required in article 49 of the Lebanese constitution; and
(ii) prevent a simple majority vote to select a President of the Republic of Lebanon in accordance with article 49 of the Lebanese constitution; or
(B) undermines the rule of law in the Republic of Lebanon by delaying or otherwise inhibiting lawful investigations, including an investigation into the August 4, 2020, explosion of the Port of Beirut.
(1) Blocking of property
The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(A) Visas, admission, or parole
An alien described in subsection (b) is—
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to enter the United States; and
(iii) 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.).
(i) In general
An alien described in subsection (b) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
(ii) Immediate effect
A revocation under clause (i) shall—
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry documentation that is in the possession of the alien.
(d) Penalties
A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section.
(1) Exception relating to importation of goods
A requirement to block and prohibit all transactions in all property and interests in property pursuant to sanctions under subsection (b) shall not include the authority or a requirement to impose sanctions on the importation of goods.
(2) Exception to comply with the United Nations Headquarters Agreement and law enforcement activities
Sanctions under subsection (b) shall not apply with respect to the admission of an alien to the United States if admitting or paroling the alien into the United States is necessary—
(A) 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; or
(B) to carry out or assist authorized law enforcement activity in the United States.
(3) Exception to comply with intelligence activities
Sanctions under subsection (b) shall not apply with respect to—
(A) any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); or
(B) any authorized intelligence activities of the United States.
(4) Humanitarian assistance
Sanctions under subsection (b) shall not apply with respect to—
(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or
(B) transactions that are necessary for, or related to, the activities described in subparagraph (A).
(f) National interest waiver
The President may waive the application of sanctions under subsection (b) with respect to a foreign person if the President determines and reports to the appropriate committees of Congress, not later than 15 days before such waiver is to take effect, that the waiver is in the national interest of the United States.
(g) Termination of sanctions
The President may terminate the application of sanctions under subsection (b) with respect to a foreign person if the President certifies to the appropriate committees of Congress that—
(1) such person—
(A) is not engaging in the activity that was the basis for such sanctions; or
(B) has taken significant, verifiable steps toward stopping the activity that was the basis for such sanctions; and
(2) the President has received reliable assurances that such person will not knowingly engage in any activity subject to sanctions in the future.
(h) Sunset
This section shall cease to be effective beginning on the date that is 3 years after the date of the enactment of this Act.
(a) Findings
Congress finds the following:
(1) On February 3, 2021, prominent Lebanese activist and journalist Lokman Slim was found murdered in the Hezbollah-controlled Al Zahrani district.
(2) Mr. Slim was a strong critic of Hezbollah and faced harassment and threats from Hezbollah and Hezbollah-aligned groups.
(3) Mr. Slim devoted his life to bringing about positive change in Lebanon and bravely pushed for justice, accountability, and rule of law.
(4) Despite promises by former President Michel Aoun and other Lebanese Government officials, Mr. Slim’s killer has not been found and a credible investigation into his murder has not been launched by Lebanese Government authorities.
(b) Definitions
In this section:
(1) Appropriate congressional committees
The term appropriate congressional committees means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives.
(2) Award
The term Award means the award established pursuant to subsection (c).
(c) Establishment of Award
The Secretary of State is authorized to establish an award, which shall be known as the Lokman Slim Excellence in Lebanese Investigative Journalism Award, for extraordinary efforts in investigative journalism inside Lebanon, including in the face of harassment, detention, prosecution, or obstruction.
(d) Presentation of Award
To the maximum extent practicable, the Secretary of State shall annually present the Award to not more than 3 individuals or organizations that are—
(1) United States citizens or foreign nationals engaged in investigative journalism focused on Lebanon; or
(2) United States or foreign private or nongovernmental organizations engaged in investigative journalism focused on Lebanon.
(e) Selection
The Secretary of State shall establish procedures for selecting recipients of the Award.
(f) Report
The Secretary of State shall submit an annual report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that—
(1) lists the Award recipients for such year; and
(2) includes an explanation of each recipient’s selection according to the procedures authorized under subsection (e).
(g) Ceremony
The Secretary of State should host an annual ceremony for recipients of the Award as soon as practicable after the date on which the Secretary submits the report required under subsection (f). The Secretary of State may pay the travel costs of each Award recipient and a guest of each Award recipient who attends such ceremony.
(1) In general
Notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State shall establish a program to provide assistance to strengthen the capacity of Lebanese security institutions to identify, track, and improve their forensics detection capabilities with respect to captagon.
(2) Program requirements
The program required under paragraph (1)—
(A) shall be limited to individuals who have expertise and experience in matters described in paragraph (1); and
(B) may be carried out, in the case of inbound exchanges, as part of exchange programs and international visitor programs administered by the Bureau of Educational and Cultural Affairs of the Department of State, including the International Visitor Leadership Program, in coordination with the Bureau of International Narcotics and Law Enforcement Affairs.
(1) In general
Not later that 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes the effect of the amounts appropriated pursuant to subsection (a) on the retention and readiness of the Lebanese Armed Forces and the Internal Security Forces Directorate.
(2) Form
The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.