[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3774 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 240
118th CONGRESS
  1st Session
                                H. R. 3774


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2023

                     Received; read the first time

                            November 7, 2023

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
   To impose additional sanctions with respect to the importation or 
 facilitation of the importation of petroleum products from Iran, 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 ``Stop Harboring Iranian Petroleum 
Act'' or the ``SHIP Act''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to deny Iran the ability, by limiting Iran's export of 
        petroleum and petroleum products, to--
                    (A) engage in destabilizing activities;
                    (B) support international terrorism; or
                    (C) fund the development and acquisition of weapons 
                of mass destruction and weapons delivery systems;
            (2) to deny Iran funds to oppress and commit human rights 
        violations against the Iranian people assembling to peacefully 
        redress the Iranian regime;
            (3) to fully enforce sanctions against those entities which 
        provide support to the Iranian energy sector; and
            (4) to counter Iran's actions to finance and facilitate the 
        participation of foreign terrorist organizations in ongoing 
        conflicts and illicit activities due to the threat such actions 
        pose to the vital national interests of the United States.

SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO IRANIAN PETROLEUM.

    (a) In General.--On and after the date that is 90 days after the 
date of the enactment of this Act, and except as provided in subsection 
(e)(2), the President shall impose the sanctions described in 
subsection (c) with respect to each foreign person that the President 
determines, on or after such date of enactment, engages in an activity 
described in subsection (b).
    (b) Activities Described.--A foreign person engages in an activity 
described in this subsection if the foreign person--
            (1) owns or operates a foreign port and has knowingly 
        facilitated or accommodated at least 1 designated vessel in 
        landing at such port on or after the date of enactment of this 
        Act for the purpose of transporting Iranian crude oil;
            (2) knowingly transports, offloads, or otherwise engages in 
        transactions involving petroleum or petroleum products, 
        including petrochemicals, originating from Iran;
            (3) knowingly owns or operates a vessel used to conduct 
        ship-to-ship transfers of petroleum or petroleum products, 
        including petrochemicals, originating from Iran;
            (4) owns or operates a refinery that knowingly processes, 
        refines, or otherwise engages in transactions involving 
        petroleum or petroleum products, including petrochemicals, 
        originating from Iran;
            (5) is an adult family member of a foreign person described 
        in any of paragraphs (1) through (4), unless the President 
        determines there is clear and convincing evidence that such 
        adult family member has disassociated themselves from the 
        foreign person described in such paragraph and has not assisted 
        such foreign person in concealing assets; or
            (6) is owned, as such term is defined by section 510.411 of 
        title 31, Code of Federal Regulations, by a foreign person 
        described in any of paragraphs (1) through (5) that has been 
        designated for such conduct.
    (c) Sanctions Described.--The sanctions described in this 
subsection with respect to a foreign person described in subsection (a) 
are the following:
            (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 the 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.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a) 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.).
                    (B) Current visas revoked.--
                            (i) In general.--An alien described in 
                        subsection (a) 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 take effect immediately and 
                        automatically cancel any other valid visa or 
                        entry documentation that is in the alien's 
                        possession.
                    (C) Exceptions.--Sanctions under this paragraph 
                shall not apply with respect to an alien if admitting 
                or paroling the alien into the United States is 
                necessary--
                            (i) 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; or
                            (ii) to carry out or assist law enforcement 
                        activity in the United States.
            (3) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of this section or any regulations 
        promulgated to carry out this section to the same extent that 
        such penalties apply to a person that commits an unlawful act 
        described in section 206(a) of that Act.
    (d) Rule of Construction.--For purposes of determinations under 
subsection (a) that a foreign person engaged in activities described in 
subsection (b), a foreign person shall not be determined to know that 
petroleum or petroleum products originated from Iran if such person 
relied on a certificate of origin or other documentation confirming 
that the origin of the petroleum or petroleum products was a country 
other than Iran, unless such person knew or had reason to know that 
such documentation was falsified.
    (e) Implementation; Regulations.--
            (1) In general.--The President may exercise all authorities 
        under sections 203 and 205 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of 
        carrying out this section.
            (2) Deadline for regulations.--Not later than 180 days 
        after the date of the enactment of this Act, the President 
        shall prescribe such regulations as may be necessary for the 
        implementation of this Act.
            (3) Notification to congress.--Not later than 10 days 
        before the prescription of regulations under paragraph (2), the 
        President shall brief and provide written notification to the 
        appropriate congressional committees regarding--
                    (A) the proposed regulations; and
                    (B) the specific provisions of this Act that the 
                regulations are implementing.
    (f) Waiver.--
            (1) In general.--The President may, on a case-by-case basis 
        and for periods not to exceed 180 days each, waive the 
        application of sanctions imposed with respect to a foreign 
        person under this section if the President certifies to the 
        appropriate congressional committees, not later than 15 days 
        before such waiver is to take effect, that the waiver is vital 
        to the national interests of the United States.
            (2) Special rule.--The President shall not be required to 
        impose sanctions under this section with respect to a foreign 
        person described in subsection (a) if the President certifies 
        in writing to the appropriate congressional committees that the 
        foreign person--
                    (A) is no longer engaging in activities described 
                in subsection (b); or
                    (B) has taken and is continuing to take 
                significant, verifiable steps toward permanently 
                terminating such activities.
    (f) Termination.--The authorities provided by this section shall 
cease to have effect on and after the date that is 30 days after the 
date on which the President certifies to the appropriate congressional 
committees that--
            (1) the Government of Iran no longer repeatedly provides 
        support for international terrorism as determined by the 
        Secretary of State pursuant to--
                    (A) section 1754(c)(1)(A) of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
                    (B) section 620A of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2371);
                    (C) section 40 of the Arms Export Control Act (22 
                U.S.C. 2780); or
                    (D) any other provision of law; and
            (2) Iran has ceased the pursuit, acquisition, and 
        development of, and verifiably dismantled, its nuclear, 
        biological, and chemical weapons, ballistic missiles, and 
        ballistic missile launch technology.

SEC. 4. REPORT ON IRANIAN PETROLEUM AND PETROLEUM PRODUCTS EXPORTS.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, and annually thereafter until the date described 
in subsection (d), the Administrator of the Energy Information 
Administration shall submit to the appropriate congressional committees 
a report describing Iran's growing exports of petroleum and petroleum 
products, that includes the following:
            (1) An analysis of Iran's exports and sale of petroleum and 
        petroleum products, including--
                    (A) an estimate of Iran's petroleum export and sale 
                revenue per year since 2018;
                    (B) an estimate of Iran's petroleum export and sale 
                revenue to China per year since 2018;
                    (C) the amount of petroleum and crude oil barrels 
                exported per year since 2018;
                    (D) the amount of petroleum and crude oil barrels 
                exported to China per year since 2018;
                    (E) the amount of petroleum and crude oil barrels 
                exported to countries other than China per year since 
                2018;
                    (F) the average price per petroleum and crude oil 
                barrel exported per year since 2018; and
                    (G) the average price per petroleum and crude oil 
                barrel exported to China per year since 2018.
            (2) An analysis of Iran's labeling practices of exported 
        petroleum and petroleum products.
            (3) A description of companies involved in the exporting 
        and sale of Iranian petroleum and petroleum products.
            (4) A description of ships involved in the exporting and 
        sale of Iranian petroleum and petroleum products.
            (5) A description of ports involved in the exporting and 
        sale of Iranian petroleum and petroleum products.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form but may include a classified annex.
    (c) Publication.--The unclassified portion of the report required 
by subsection (a) shall be posted on a publicly available website of 
the Energy Information Administration.
    (d) Termination.--The requirement to submit reports under this 
section shall be terminated on the date on which the President makes 
the certification described in section 3(f).

SEC. 5. EXCEPTION RELATING TO IMPORTATION OF GOODS.

    (a) In General.--The authorities and requirements to impose 
sanctions authorized under this Act shall not include the authority or 
requirement to impose sanctions on the importation of goods.
    (b) Good Defined.--In this section, the term ``good'' means any 
article, natural or man-made substance, material, supply or 
manufactured product, including inspection and test equipment, and 
excluding technical data.

SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Affairs, the Committee on the 
        Judiciary, and the Committee on Financial Services of the House 
        of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        the Judiciary, and the Committee on Banking, Housing, and Urban 
        Affairs of the Senate.

            Passed the House of Representatives November 3, 2023.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
                                                       Calendar No. 240

118th CONGRESS

  1st Session

                               H. R. 3774

_______________________________________________________________________

                                 AN ACT

   To impose additional sanctions with respect to the importation or 
 facilitation of the importation of petroleum products from Iran, and 
                          for other purposes.

_______________________________________________________________________

                            November 7, 2023

            Read the second time and placed on the calendar