[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2984 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2984

  To impose sanctions in relation to violations by Iran of the Geneva 
   Convention (III) or the right under international law to conduct 
               innocent passage, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2016

  Mr. Cornyn introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To impose sanctions in relation to violations by Iran of the Geneva 
   Convention (III) or the right under international law to conduct 
               innocent passage, 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 ``No Impunity for Iranian Aggression 
at Sea Act of 2016''.

SEC. 2. IMPOSITION OF SANCTIONS ON INDIVIDUALS WHO WERE COMPLICIT IN 
              VIOLATIONS OF THE GENEVA CONVENTION OR THE RIGHT UNDER 
              INTERNATIONAL LAW TO CONDUCT INNOCENT PASSAGE.

    (a) Report Required.--
            (1) In general.--Not later than 60 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 determination with respect to whether, during 
                or after the incident that began on January 12, 2016, 
                in which forces of Iran boarded two United States Navy 
                riverine combat vessels and detained at gunpoint the 
                crews of those vessels, any of the actions of the 
                forces of Iran constituted a violation of--
                            (i) the Geneva Convention; or
                            (ii) the right under international law to 
                        conduct innocent passage; and
                    (B) a certification with respect to whether or not 
                Federal funds, including the $1,700,000,000 payment 
                that was announced by the Secretary of State on January 
                17, 2016, were paid to Iran, directly or indirectly, to 
                effect the release of--
                            (i) the members of the United States Navy 
                        who were detained in the incident described in 
                        subparagraph (A); or
                            (ii) other United States citizens, 
                        including Jason Rezaian, Amir Hekmati, Saeed 
                        Abedini, Nosratollah Khosravi-Roodsari, and 
                        Matthew Trevithick, the release of whom was 
                        announced on January 16, 2016.
            (2) Actions to be assessed.--In assessing actions of the 
        forces of Iran under paragraph (1)(A), the President shall 
        consider, at a minimum, the following actions:
                    (A) The stopping, boarding, search, and seizure of 
                the two United States Navy riverine combat vessels in 
                the incident described in paragraph (1)(A).
                    (B) The removal from their vessels and detention of 
                members of the United States Armed Forces in that 
                incident.
                    (C) The theft or confiscation of electronic 
                navigational equipment or any other equipment from the 
                vessels.
                    (D) The forcing of one or more members of the 
                United States Armed Forces to apologize for their 
                actions.
                    (E) The display, videotaping, or photographing of 
                members of the United States Armed Forces and the 
                subsequent broadcasting or other use of those 
                photographs or videos.
                    (F) The forcing of female members of the United 
                States Armed Forces to wear head coverings.
            (3) Description of actions.--In the case of each action 
        that the President determines under paragraph (1)(A) is a 
        violation of the Geneva Convention or the right under 
        international law to conduct innocent passage, the President 
        shall include in the report required by that paragraph a 
        description of the action and an explanation of how the action 
        violated the Geneva Convention or the right to conduct innocent 
        passage, as the case may be.
            (4) Form of report.--The report required by paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
    (b) List of Certain Persons Who Have Been Complicit in Violations 
of the Geneva Convention or the Right To Conduct Innocent Passage.--
            (1) In general.--Not later than 30 days after the 
        submission of the report required by subsection (a), if the 
        President has determined that one or more actions of the forces 
        of Iran constituted a violation of the Geneva Convention or the 
        right under international law to conduct innocent passage, the 
        President shall submit to the appropriate congressional 
        committees a list of persons who are officials of the 
        Government of Iran or were acting on behalf of that Government 
        that, based on credible evidence, are responsible for or 
        complicit in, or responsible for ordering, controlling, or 
        otherwise directing, any such violation.
            (2) Updates of list.--The President shall submit to the 
        appropriate congressional committees an updated list under 
        paragraph (1) as new information becomes available.
            (3) Public availability.--To the maximum extent 
        practicable, the list required by paragraph (1) shall be made 
        available to the public and posted on publicly accessible 
        Internet websites of the Department of Defense and the 
        Department of State.
    (c) Imposition of Sanctions.--
            (1) In general.--The President shall impose the sanctions 
        described in paragraph (2) with respect to each person on the 
        list required by subsection (b).
            (2) Sanctions.--
                    (A) Prohibition on entry and admission to the 
                united states.--An alien on the list required by 
                subsection (b) may not--
                            (i) be admitted to, enter, or transit 
                        through the United States;
                            (ii) receive any lawful immigration status 
                        in the United States under the immigration 
                        laws; or
                            (iii) file any application or petition to 
                        obtain such admission, entry, or status.
                    (B) Blocking of property.--
                            (i) In general.--The President shall, 
                        pursuant to the International Emergency 
                        Economic Powers Act (50 U.S.C. 1701 et seq.), 
                        block and prohibit all transactions in all 
                        property and interests in property of a person 
                        on the list required by 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.
                            (ii) Exception relating to importation of 
                        goods.--
                                    (I) In general.--The authority to 
                                block and prohibit all transactions in 
                                all property and interests in property 
                                under clause (i) shall not include the 
                                authority to impose sanctions on the 
                                importation of goods.
                                    (II) Good.--In this subparagraph, 
                                the term ``good'' has the meaning given 
                                that term in section 16 of the Export 
                                Administration Act of 1979 (50 U.S.C. 
                                4618) (as continued in effect pursuant 
                                to the International Emergency Economic 
                                Powers Act (50 U.S.C. 1701 et seq.)).
                            (iii) Penalties.--A person that violates, 
                        attempts to violate, conspires to violate, or 
                        causes a violation of clause (i) or any 
                        regulation, license, or order issued to carry 
                        out clause (i) 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 
                        that section.
    (d) Definitions.--In this section:
            (1) Admitted; alien; immigration laws.--The terms 
        ``admitted'', ``alien'', and ``immigration laws'' have the 
        meanings given those terms in section 101 of the Immigration 
        and Nationality Act (8 U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Permanent Select Committee 
                on Intelligence of the House of Representatives.
            (3) Forces of iran.--The term ``forces of Iran'' means the 
        Islamic Revolutionary Guard Corps, members of other military or 
        paramilitary units of the Government of Iran, and other agents 
        of that Government.
            (4) Geneva convention.--The term ``Geneva Convention'' 
        means the Convention relative to the Treatment of Prisoners of 
        War, done at Geneva on August 12, 1949 (6 UST 3316) (commonly 
        referred to as the ``Geneva Convention (III))''.
            (5) Innocent passage.--The term ``innocent passage'' means 
        the principle under customary international law that all 
        vessels have the right to conduct innocent passage through 
        another country's territorial waters for the purpose of 
        continuous and expeditious traversing.
            (6) 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; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.
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