115 S1829 RS: Stop Harboring Iranian Petroleum Act of 2023 U.S. Senate 2024-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Calendar No. 370118th CONGRESS2d Session

S. 1829

IN THE SENATE OF THE UNITED STATES

June 6, 2023

Mr. Rubio (for himself, Ms. Hassan, Ms. Rosen, Mr. Hoeven, Mr. Scott of Florida, Mr. Barrasso, Mrs. Britt, Ms. Murkowski, Mr. Hawley, Mr. Boozman, Ms. Cortez Masto, Ms. Collins, Mr. Braun, Mr. Thune, Mrs. Fischer, Mr. Marshall, Mr. Cornyn, Mr. Cramer, Mr. Manchin, Mr. Ricketts, Mr. Grassley, Mrs. Capito, Ms. Lummis, Mr. Wicker, Mr. Crapo, Mr. Budd, Mrs. Blackburn, Mr. Moran, Mr. Schmitt, Mr. Kennedy, Mr. Risch, Mr. Blumenthal, Mr. Casey, Mr. Wyden, Mr. Fetterman, Mr. Hagerty, Mr. Coons, Mr. Bennet, and Ms. Baldwin) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

May 7, 2024

Reported by Mr. Cardin, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To impose sanctions with respect to persons engaged in the import of petroleum from the Islamic Republic of Iran, and for other purposes.

Short title

This Act may be cited as the

Stop Harboring Iranian Petroleum Act of 2023

Definitions

In this Act:(1)

Alien

The term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).(2)

Appropriate congressional committees

The term appropriate congressional committees means—(A)the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and(B)the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.(3)

Family member

The term family member means, with respect to an individual, a spouse, child, parent, sibling, grandchild, or grandparent of the individual.(4)

Foreign person

The term foreign person means an individual or entity that is not a United States person.(5)

Foreign port

The term foreign port means any harbor, marine terminal, or other shore side facility outside of the United States used principally for the movement of goods on the water.(6)

Knowingly

The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.(7)

Material support

The term material support has the meaning given the term material support or resources in section 2339A of title 18, United States Code. (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; or(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.(9)

Vessel

The term vessel means any watercraft or aircraft capable of being used as a means of transportation on, under, or over water.

Statement of policy

It is the policy of the United States—(1)to deny the Islamic Republic of Iran the ability to engage in destabilizing activities, support international terrorism, fund the development and acquisition of weapons of mass destruction and the means to deliver such weapons by limiting export of petroleum and petroleum products by the Islamic Republic of Iran;(2)to deny the Islamic Republic of Iran funds to oppress and commit human rights violations against the Iranian people who are assembling peacefully to redress the Iranian regime; (3)to sanction entities that violate the laws of the United States by providing support to the Iranian energy sector; and(4)that the actions of the Islamic Republic of Iran to finance and facilitate the participation of foreign terrorist organizations in ongoing conflicts and illicit activities is detrimental to the national security interests of the United States.

Sanctions with respect to foreign persons that engage in certain transactions

(a)

Imposition of sanctions

(1)

In general

On and after the date that is 90 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to a foreign person that the President determines knowingly engaged, on or after such date of enactment, in an activity described in paragraph (2).(2)

Activities described

A foreign person engages in an activity described in this paragraph if the foreign person—(A)owns or operates a foreign port that, on or after the date of the enactment of this Act, permitted to dock at such foreign port a vessel—(i)that is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for transporting Iranian crude oil; or (ii)of which the operator or owner of such vessel otherwise knowingly engages in a significant transaction to transport, offload, or deal in condensate, refined, or unrefined petroleum products, or other petrochemical products originating from the Islamic Republic of Iran;(B)owns or operates a vessel that conducts a sea-to-sea transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran; (C)owns or operates a refinery that engages in a significant transaction to process, refine, or otherwise deal in any petroleum product originating from the Islamic Republic of Iran;(D)is a family member of a foreign person described in subparagraph (A), (B), or (C);(E)is owned or controlled by a foreign person described in subparagraph (A), (B), (C), or (D); or(F)engages in a significant transaction with, or provides material support to, a foreign person described in subparagraph (A), (B), (C), (D), or (E).(b)

Sanctions described

The sanctions described in this subsection are the following:(1)

Sanctions on foreign vessels

Subject to such regulations as the President may prescribe, the President may prohibit a vessel described in subsection (a)(2)(A) or (a)(2)(B) from landing at any port in the United States—(A)with respect to a vessel described in subsection (a)(2)(A), for a period of not more than 2 years beginning on the date on which the President imposes sanctions with respect to a related foreign port described in subsection (a)(2)(A); and(B)with respect to a vessel described in subsection (a)(2)(B), for a period of not more than 2 years. (2)

Property blocking

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.(3)

Ineligibility for visas, admission, or parole

(A)

Visas, admission, or parole

In the case of an alien, the alien 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

The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation was issued. (ii)

Immediate effect

A revocation under clause (i) shall—(I)take effect immediately; (II)automatically cancel any other valid visa or entry documentation that is in the alien's possession; and(III)be implemented in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)).(4)

Implementation; penalties

(A)

Implementation

The President—(i)may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section; and(ii)not later than 180 days after the date of the enactment of this Act, shall prescribe such regulations as necessary to carry out this Act. (B)

Notification to Congress

Not later than 10 days before the effective date of any regulation prescribed under subparagraph (A)(ii), the President shall brief the appropriate congressional committees on the proposed regulations and the provisions of this Act relating to such regulations.(C)

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 that section. (c)

Exceptions

(1)

Exception relating to importation of goods

(A)

In general

A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.(B)

Good

In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.(2)

Exception to comply with United Nations headquarters agreement and law enforcement activities

Sanctions under subsection (b)(3) shall not apply with respect to an alien if admitting or paroling the alien into the United States 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.(3)

Exception to comply with intelligence, law enforcement, and other national security activities

Sanctions under subsection (b) shall not apply with respect to a foreign person if such foreign person is a subject or target of, or otherwise involved in, an intelligence, law enforcement, or national security activity of the United States, as determined by the President.(d)

Waivers

(1)

In general

The President may waive the application of sanctions under this section with respect to a foreign person for a period not to exceed 180 days if the President—(A)determines that such a waiver is vital to the national interests of the United States; and(B)not less than 15 days before the granting of the waiver, submits to the appropriate congressional committees a notice of and justification for the waiver. (2)

Special rule

(A)

In general

The President may waive the application of sanctions under this section with respect to a foreign person if the President certifies in writing to the appropriate congressional committees that—(i)the foreign person—(I)has ceased engaging in activities described in subsection (b); or (II)has taken and is continuing to take significant verifiable steps toward ceasing such activities; and (ii)the President has received reliable assurances from the government of the foreign country that such foreign person will not resume engaging in any activity described in subsection (b).(B)

Sunset

The authority to grant a waiver under this paragraph shall terminate on the date that is 5 years after the date of the enactment of this Act.

Report on petroleum and petroleum product exports from Iran

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Administrator of the Energy Information Administration shall submit to the appropriate congressional committees a report on the increase exports of petroleum and petroleum products by the Islamic Republic of Iran.(b)

Contents

The report required by subsection (a) shall include the following:(1)An analysis of the export and sale of petroleum and petroleum products by the Islamic Republic of Iran since 2018, including—(A)an estimate of the annual revenue of the export and sale of petroleum by the Islamic Republic of Iran, disaggregated by year;(B)an estimate of the annual revenue of the export and sale of petroleum to the People's Republic of China by the Islamic Republic of Iran, disaggregated by year;(C)the number of petroleum and crude oil barrels annually exported by the Islamic Republic of Iran, disaggregated by year;(D)the number of petroleum and crude oil barrels annually exported to the People's Republic of China by the Islamic Republic of Iran, disaggregated by year;(E)the number of petroleum and crude oil barrels annually exported to countries other than the People's Republic of China by the Islamic Republic of Iran, disaggregated by year;(F)the average price per petroleum and crude oil barrel annually exported by the Islamic Republic of Iran, disaggregated by year; and(G)the average price per petroleum and crude oil barrel annually exported to the People's Republic of China by the Islamic Republic of Iran, disaggregated by year.(2)An analysis of the labeling practices of the Islamic Republic of Iran with respect to exported petroleum and petroleum products.(3)A description of persons involved in the export and sale of petroleum and petroleum products from the Islamic Republic of Iran.(4)A description of vessels involved in the export and sale of petroleum and petroleum products from the Islamic Republic of Iran.(5)A description of foreign ports involved in the export and sale of petroleum and petroleum products from the Islamic Republic of Iran.(c)

Form

The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.(d)

Publication

The unclassified portion of the report required by subsection (a) shall be posted on a publicly available website of the Energy Information Administration.

Short title

This Act may be cited as the

Stop Harboring Iranian Petroleum Act of 2024

Definitions

In this Act:(1)

Admission; admitted; alien; lawfully admitted for permanent residence

The terms admission, admitted, alien, and lawfully admitted for permanent residence have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).(2)

Appropriate congressional committees

Foreign person

The term foreign person means an individual or entity that is not a United States person.(4)

Foreign port

The term foreign port means any harbor, marine terminal, or other shore side facility outside of the United States used principally for the movement of goods on the water.(5)

Knowingly

The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.(6)

United States person

Vessel

The term vessel means any watercraft or aircraft capable of being used as a means of transportation on, under, or over water.

Statement of policy

It is the policy of the United States—(1)to deny the Islamic Republic of Iran the ability to engage in destabilizing activities, support international terrorism, fund the development and acquisition of weapons of mass destruction and the means to deliver such weapons by limiting export of petroleum and petroleum products by the Islamic Republic of Iran;(2)to deny the Islamic Republic of Iran funds to oppress and commit human rights violations against the Iranian people who are assembling peacefully to redress the Iranian regime; (3)to sanction entities that provide support to the Iranian energy sector; and(4)to counter the efforts of the Islamic Republic of Iran to finance and facilitate the participation of foreign terrorist organizations in ongoing conflicts and illicit activities in the region and beyond, which is detrimental to the national security interests of the United States.

Sanctions with respect to foreign persons that engage in certain transactions

(a)

Imposition of sanctions

(1)

In general

On and after the date that is 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to a foreign person that the President determines knowingly engaged, on or after such date of enactment, in an activity described in paragraph (2).(2)

Activities described

A foreign person engages in an activity described in this paragraph if the foreign person—(A)owns or operates a foreign port at which, on or after the date of the enactment of this Act, such person knowingly permits to dock a vessel—(i)that is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for transporting Iranian crude oil or petroleum products; or(ii)of which the operator or owner of such vessel otherwise knowingly engages in a significant transaction involving such vessel to transport, offload, or deal in significant transactions in condensate, refined, or unrefined petroleum products, or other petrochemical products originating from the Islamic Republic of Iran;(B)owns or operates a vessel through which such owner knowingly conducts a sea-to-sea transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran;(C)owns or operates a vessel that is knowingly used by a foreign person for the transportation of significant amounts of petroleum or petroleum products from the Islamic Republic of Iran; (D)owns or operates a refinery through which such owner knowingly engages in a significant transaction to process, refine, or otherwise deal in any petroleum product originating from the Islamic Republic of Iran;(E)is a covered family member of a foreign person described in subparagraph (A), (B), or (D); or(F)is owned or controlled by a foreign person described in subparagraph (A), (B), or (D), and knowingly engages in an activity described in subparagraph (A), (B), or (D). (b)

Sanctions described

The sanctions described in this subsection are the following:(1)

Sanctions on foreign vessels

Property blocking

Ineligibility for visas, admission, or parole

(A)

Visas, admission, or parole

Current visas revoked

(i)

In general

The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation was issued.(ii)

Immediate effect

A revocation under clause (i) shall—(I)take effect immediately;(II)automatically cancel any other valid visa or entry documentation that is in the alien’s possession; and(III)be implemented in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)).(4)

Implementation; penalties

(A)

Implementation

Notification to Congress

Not later than 10 days before the effective date of any regulation prescribed in accordance with subparagraph (A)(ii), the President shall brief the appropriate congressional committees on the proposed regulations and the provisions of this Act relating to such regulations.(C)

Penalties

Waivers

(1)

In general

The President may waive the application of sanctions under this section for renewable periods not to exceed 180 days if the President—(A)determines that such a waiver is in the vital national security interests of the United States; and(B)not less than 15 days before the granting of the waiver, submits to the appropriate congressional committees a notice of and justification for the waiver.(2)

Form

The waiver described in paragraph (1) may be transmitted in classified form.(3)

Special rule

Sunset

The authority to impose sanctions under this section, and any sanctions imposed under this section, shall terminate on the date that is 4 years after the date of the enactment of this Act.(e)

Covered family member defined

In this section, the term covered family member, with respect to a foreign person who is an individual, means a spouse, adult child, parent, or sibling of the person who engages in the sanctionable activity described under subsection (a)(2) or who demonstrably benefits from such activity.

Report on petroleum and petroleum product exports from Iran

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Administrator of the Energy Information Administration shall submit to the appropriate congressional committees a report on the increase of exports of petroleum and petroleum products by the Islamic Republic of Iran.(b)

Contents

The report required by subsection (a) shall include the following:(1)An analysis of the export and sale of petroleum and petroleum products by the Islamic Republic of Iran since 2018, including—(A)an estimate of the annual revenue of the export and sale of petroleum by the Islamic Republic of Iran, disaggregated by year;(B)an estimate of the annual revenue of the export and sale of petroleum to the People’s Republic of China by the Islamic Republic of Iran, disaggregated by year;(C)the number of petroleum and crude oil barrels annually exported by the Islamic Republic of Iran, disaggregated by year;(D)the number of petroleum and crude oil barrels annually exported to the People’s Republic of China by the Islamic Republic of Iran, disaggregated by year;(E)the number of petroleum and crude oil barrels annually exported to countries other than the People’s Republic of China by the Islamic Republic of Iran, disaggregated by year;(F)the average price per petroleum and crude oil barrel annually exported by the Islamic Republic of Iran, disaggregated by year; and(G)the average price per petroleum and crude oil barrel annually exported to the People’s Republic of China by the Islamic Republic of Iran, disaggregated by year.(2)An analysis of the labeling practices of the Islamic Republic of Iran with respect to exported petroleum and petroleum products.(3)A description of persons involved in the export and sale of petroleum and petroleum products from the Islamic Republic of Iran.(4)A description of vessels involved in the export and sale of petroleum and petroleum products from the Islamic Republic of Iran.(5)A description of foreign ports involved in the export and sale of petroleum and petroleum products from the Islamic Republic of Iran.(c)

Form

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.(d)

Publication

The unclassified portion of the report required by subsection (a) shall be posted on a publicly available website of the Energy Information Administration.

Modification and extension of Sanctioning the Use of Civilians as Defenseless Shields Act

(a)

In general

Section 3 of the Sanctioning the Use of Civilians as Defenseless Shields Act (Public Law 115–348; 50 U.S.C. 1701 note) is amended—(1)in subsection (b)—(A)by redesignating paragraph (3) as paragraph (4); and(B)by inserting after paragraph (2) the following:

(3)Each foreign person that the President determines, on or after the date of the enactment of the Stop Harboring Iranian Petroleum Act of 2024—(A)is a member of Palestine Islamic Jihad or is knowingly acting on behalf of Palestine Islamic Jihad; and(B)knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack.

;

(2)by redesignating subsections (e), (f), (g), (h), and (i) as subsections (f), (g), (h), (i), and (j), respectively; and(3)by inserting after subsection (d) the following:

(e)

Congressional requests

Not later than 120 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria of a person described in subsection (b) or (c), the President shall—(1)determine if the person meets such criteria; and(2)submit a written justification to the chairman and ranking member detailing whether or not the President imposed or intends to impose sanctions described in subsection (b) or (c) with respect to such person.

(b)

Definitions

Section 4 of the Sanctioning the Use of Civilians as Defenseless Shields Act (Public Law 115–348; 50 U.S.C. 1701 note) is amended—(1)by redesignating paragraph (7) as paragraph (8); and(2)by inserting after paragraph (6) the following:

(7)

Palestine islamic jihad

The term Palestine Islamic Jihad means—(A)the entity known as Palestine Islamic Jihad and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or(B)any person identified as an agent or instrumentality of Palestine Islamic Jihad on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(c)

Sunset

Section 5 of the Sanctioning the Use of Civilians as Defenseless Shields Act (Public Law 115–348; 50 U.S.C. 1701 note) is amended by striking December 31, 2023 and inserting December 31, 2030.

Confronting asymmetric and malicious cyber activities

(a)

In general

On and after the date that is 180 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection (b) with respect to any foreign person that the President determines, on or after such date of enactment—(1)is responsible for or complicit in, or has engaged knowingly in, significant cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States;(2) materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in this subsection or any person whose property and interests in property are blocked pursuant to this section;(3)is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section; or(4)has attempted to engage in any of the activities described in paragraph (1), (2), or (3). (b)

Sanctions described

The sanctions described in this subsection are the following:(1)

Inadmissibility to United States

In the case of an alien—(A)ineligibility to receive a visa to enter the United States or to be admitted to the United States; or(B)if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation.(2)

Blocking of property

The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a 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)

Requests by appropriate congressional committees

(1)

In general

Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall—(A)determine if that person has engaged in such an activity; and(B)submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes—(i)a statement of whether or not the President imposed or intends to impose sanctions with respect to the person;(ii)if the President imposed or intends to impose sanctions, a description of those sanctions; and(iii)if the President does not intend to impose sanctions, a description of actions that meet the threshold for the President to impose sanctions.(2)

Requirements

A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.

Sanctions with respect to threats to current or former United States officials

(a)

In general

On and after the date that is 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines has, on or after such date of enactment, ordered, directed, or taken material steps to carry out any use of violence or has attempted or threatened to use violence against any current or former official of the Government of the United States.(b)

Sanctions described

The sanctions described in this subsection are the following:(1)

Inadmissibility to United States

In the case of a foreign person who is an individual—(A)ineligibility to receive a visa to enter the United States or to be admitted to the United States; or(B)if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation.(2)

Blocking of property

Enforcement of blocking of property

A person that violates, attempts to violate, conspires to violate, or causes a violation of a sanction described in subsection (b)(2) that is imposed by the President or any regulation, license, or order issued to carry out such a sanction 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)

Waiver

(1)

In general

Termination and sunset

(1)

Termination of sanctions

The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that—(A)credible information exists that the person did not engage in the activity for which sanctions were imposed;(B)the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or(C)the termination of the sanctions is in the vital national security interests of the United States.(2)

Sunset

The requirement to impose sanctions under this section shall terminate on the date that is 4 years after the date of the enactment of this Act.

Resources for sanctions implementation at the Department of State

(a)

Sense of Congress

It is the sense of Congress that sanctions are a vital foreign policy and national security tool, and as such, it is critical that the Department of State and other agencies with responsibilities relating to sanctions across the executive branch—(1)are fully staffed, including through the prompt confirmation by the Senate of a qualified head of the Office of Sanctions Coordination of the Department of State; and(2)have the resources and infrastructure necessary for the successful development and implementation of sanctions.(b)

Increasing resources and improving modernization for sanctions implementation

The Secretary of State shall take steps to modernize the sanctions infrastructure and increase resources dedicated to implementing sanctions, including by—(1)ensuring the Department of State has necessary subscriptions and access to open-source databases for purposes of making determinations to support the designation of persons for the imposition of sanctions;(2)equipping bureaus involved in drafting and reviewing evidentiary packages to support such designations with sufficient technical resources to do so, including an adequate number of workstations that can be used to review classified information; and(3)increasing the number of personnel dedicated to making and reviewing such designations.(c)

Report on modernizations efforts

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report describing steps the Department of State is taking to address challenges in the ability of the Department to support the designation of persons for the imposition of sanctions.(d)

Authorization of appropriation

There is authorized to be appropriated to the Secretary of State for fiscal year 2025 $15,000,000 to carry out this section.

10.

Exceptions

(a)

Exception relating to importation of goods

(1)

In general

A requirement to block and prohibit all transactions in all property and interests in property under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods.(2)

Good

In this subsection, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.(b)

Exception To comply with United Nations Headquarters Agreement and law enforcement activities

Sanctions under this Act 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—(1)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(2)to carry out or assist authorized law enforcement activity in the United States.(c)

Exception To comply with intelligence activities

Sanctions under this Act shall not apply to 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 any authorized intelligence activities of the United States.(d)

Humanitarian assistance

(1)

In general

Sanctions under this Act shall not apply to—(A)the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or(B)transactions that are necessary for or related to the activities described in subparagraph (A). (2)

Definitions

In this subsection—(A)

Agricultural commodity

The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).(B)

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).(C)

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). (e)

Rule of construction

Nothing in this Act shall be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization.(f)

Annual report

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that describes each activity that would be sanctionable under this Act if not excepted pursuant to subsections (b) and (c).

11.

Report on impacts on the Islamic Republic of Iran of sanctions imposed by the United States

(a)

In general

Not later than 90 days after the date of the enactment this Act, the Secretary of State, in consultation with the Secretary of the Treasury and drawing on subject-matter experts including economists and statisticians from the Department of State and the Department of the Treasury, shall submit to the appropriate congressional committees (as defined in section 2(c)) a report on the impacts on the Islamic Republic of Iran of sanctions imposed by the United States. (b)

Elements

The report required by subsection (a) shall include an assessment of the following:(1)The impact of sanctions imposed by the United States on the following:(A)Problematic activities and policies of the Islamic Republic of Iran, including ballistic missile development, proliferation of Iranian drones and missiles to state and non-state actors, uranium enrichment, and funding of terrorist groups in the Axis of Resistance, and how sanctions have meaningfully impacted the ability of such groups to operate.(B)Key officials of the Iranian regime, including their access to alternative financial markets, their standard of living, and impacts to their personal wealth.(C)The operations of independent civil society organizations in Iran, including the ability of such organizations to access products that would allow them to document and share human rights abuses, promote democratic norms, and engage in political dissent.(D)The efficacy of licensing actions aimed at ensuring the people of Iran have access to circumvention technologies around Iranian regime firewalls and censors to promote internet freedom, including General License D-2 of the Department of the Treasury. (E)The standard of living of the people of Iran, including—(i)the impact on the purchasing power of the people of Iran and their ability to afford and acquire food and medicine; and (ii)changes in the size of the working and middle classes in Iran, including impacts to the poverty rate in Iran.(F)The growth of unofficial economies controlled by officials of the Iranian regime and members of the Islamic Revolutionary Guard Corps.(2)What industries in Iran remain unaffected by such sanctions.

May 7, 2024

Reported with an amendment