104 HR 3095 IH: Address Iran’s Malign Posture Act
U.S. House of Representatives
2023-05-05
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I
118th CONGRESS
1st Session
H. R. 3095
IN THE HOUSE OF REPRESENTATIVES
May 5, 2023
Mr. James (for himself, Mr. Hern, and Mr. Fallon) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Accountability, the Judiciary, and Ways and Means, 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 impose sanctions with respect to foreign persons that support or conduct certain transactions with Iran’s Revolutionary Guard Corps or other sanctioned persons, and for other purposes.
1.

Short title
This Act may be cited as the “Address Iran’s Malign Posture Act”.
2.

Sanctions with respect to foreign persons that support or conduct certain transactions with Iran’s Revolutionary Guard Corps or other sanctioned persons
(a)

Identification
Section 302(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(a)(1))—
(1)
in subparagraph (B)—
(A)
by inserting “, provide significant financial services to, or provide material support to” after “transactions with”; and
(B)
by striking “or” at the end;
(2)
in subparagraph (C)—
(A)
in the matter preceding clause (i), by inserting “, provide significant financial services to, or provide material support to” after “transactions with”;
(B)
in clause (i), by striking “or” at the end; and
(C)
by striking clause (ii) and inserting the following:
“(ii)
a person or entity designated as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) or that has provided support for an act of international terrorism (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note)); or
(iii)
a foreign person whose property and access to property has been blocked pursuant to Executive Order 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); or”; and
(3)
by adding at the end the following:
“(D)
a person acting on behalf of or at the direction of, or owned or controlled (as that term is defined in section 301) by, a person described in subparagraph (A), (B), or (C).”.
(b)

Imposition of sanctions
Section 302(b) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(b)) is amended by striking “the President—” and all that follows and inserting “the President shall block and prohibit all transactions in property and interests in property with respect to such foreign person 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.”.
(c)

Waiver of imposition of sanctions
Section 302(d) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(d)) is amended by adding at the end the following:
“(3)

Sunset
The provisions of this subsection and any waivers issued pursuant to this subsection shall terminate at the close of December 31, 2025.”.
(d)

Waiver of identifications and designations
Section 302(e) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(e)) is amended—
(1)
by striking “Notwithstanding” and inserting the following:
“(1)

In general
Notwithstanding”;
(2)
by striking “(1) determines” and inserting the following:
“(A)
determines”;
(3)
by striking “(2) notifies” and inserting the following:
“(B)
notifies”; and
(4)
by adding at the end the following:
“(2)

Sunset
The provisions of this subsection and any waivers issued pursuant to this subsection shall terminate at the close of December 31, 2025.”.
(e)

Application of provisions of iran sanctions act of 1996
Section 302(f) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(f)) is amended—
(1)
by striking “The following provisions” and inserting the following:
“(1)

In general
Subject to paragraph (2), the following provisions”;
(2)
by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and moving the margins 2 ems to the right; and
(3)
by adding at the end the following:
“(2)

Sunset
Sections 4(c) and 9(c) of the Iran Sanctions Act of 1996 shall not apply with respect to the imposition under subsection (b)(1) of sanctions relating to activities described in subsection (a)(1), in accordance with the provision of paragraph (1) of this subsection, after December 31, 2025.”.
3.

Agreements related to nuclear program of Iran deemed treaties subject to advice and consent of the Senate
(a)

Treaty Subject To Advice And Consent Of The Senate
Notwithstanding any other provision of law, any agreement reached by the President with Iran relating to the nuclear program of Iran is deemed to be a treaty that is subject to the requirements of article II, section 2, clause 2 of the Constitution of the United States requiring that the treaty is subject to the advice and consent of the Senate, with two-thirds of Senators concurring.
(b)

Limitation On Sanctions Relief
Notwithstanding any other provision of law, the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions under any other provision of law or refrain from applying any such sanctions pursuant to an agreement related to the nuclear program of Iran that includes the United States, unless the agreement is subject to the advice and consent of the Senate as a treaty and receives the concurrence of two-thirds of Senators.