104 S3028 IS: Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2023
U.S. Senate
2023-10-04
text/xml
EN
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II
118th CONGRESS
1st Session
S. 3028
IN THE SENATE OF THE UNITED STATES
October 4, 2023
Ms. Ernst (for herself, Mr. Graham, Mr. Hagerty, Mr. Cruz, Mr. Rubio, Mr. Cramer, Mr. Scott of Florida, Mr. Braun, Mr. Hoeven, Mr. Wicker, Mr. Boozman, Mr. Crapo, Mr. Thune, Mrs. Britt, and Mr. Barrasso) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs
A BILL
To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes.
1.

Short title
This Act may be cited as the “Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2023” or the “PUNISH Act of 2023”.
2.

Definitions
In this Act:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(B)
the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2)

Covered Executive order
The term covered Executive order means any of the following:
(A)
Executive Order 13871 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to the iron, steel, aluminum, and copper sectors of Iran), as in effect on May 10, 2019.
(B)
Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019.
(C)
Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020.
(D)
Executive Order 13949 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to the conventional arms activities of Iran), as in effect on September 21, 2020.
(3)

Covered provision of law
The term covered provision of law means any of the following:
(A)
This Act.
(B)
Each covered Executive order.
(C)
The Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note).
(D)
The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.).
(E)
Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a).
(F)
The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.).
(G)
The Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.).
(H)
Title I of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9401 et seq.).
(I)
The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq).
(4)

Government of Iran
The term Government of Iran includes—
(A)
any agency or instrumentality of the Government of Iran; and
(B)
any person owned or controlled by that Government.
3.

Continuation in effect of certain Executive orders imposing sanctions with respect to Iran
(a)

In general
Each covered Executive order shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10.
(b)

Continuation in effect of sanctions designations
With respect to each person designated for the imposition of sanctions pursuant to a covered Executive order before the date of the enactment of this Act, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10.
(c)

Publication
In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include at the end an appendix setting forth the text of each covered Executive order.
4.

Continuation in effect of national emergencies declared with respect to Iran
(a)

In general
Notwithstanding subsection (a)(2) or (d) of section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergencies specified in subsection (b) shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10.
(b)

National emergencies specified
The national emergencies specified in this subsection are the following national emergencies declared with respect to Iran:
(1)
The national emergency declared by Executive Order 12170 (50 U.S.C. 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 8, 2022 (87 Fed. Reg. 68,013).
(2)
The national emergency declared by Executive Order 12957 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 10, 2023 (88 Fed. Reg. 15,595).
5.

Continuation in effect of sanctions with respect to the Central Bank of Iran, the National Development Fund of Iran, the Etemad Tejarte Pars Company, the National Iranian Oil Company, and the National Iranian Tanker Company under Executive Order 13224
With respect to each Iranian person designated on January 1, 2021, for the imposition of sanctions under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as in effect on September 9, 2019, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10.
6.

Continuation in effect of foreign terrorist organization designation of the Islamic Revolutionary Guard Corps
The designation of the Islamic Revolutionary Guard Corps as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and sanctions applicable to the Islamic Revolutionary Guard Corps pursuant to that designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10.
7.

Prohibition on sanctions relief for Iranian financial institutions, including with respect to petroleum purchases from Iran
Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) is amended by striking paragraph (4) and inserting the following:
“(4)

Limitation on authority
The President may not exercise the authority under paragraph (5) to waive the imposition of sanctions under paragraph (1), or issue any license to authorize the purchase of petroleum or petroleum products from Iran, unless the determination set forth in the most recent report submitted under subsection (a) of section 9 of the Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2023 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5-year period preceding submission of the report.”.
8.

Limitation on waiver, suspension, or reduction of sanctions with respect to Iran
The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5-year period preceding submission of the report.
9.

Determination on the cessation of Iranian-sponsored assassinations or attempted assassinations of United States citizens and Iranian residents of the United States
(a)

Determination required
Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report setting forth a determination of whether the Government of Iran or any foreign person (including any foreign financial institution) has directly or indirectly ordered, controlled, directed, or otherwise supported (including through the use of Iranian agents or affiliates of the Government of Iran, including Hezbollah, Hamas, Kata’ib Hezbollah, Palestinian Islamic Jihad, or any other entity determined to be such an agent or affiliate) any of the activities described in subsection (b) during the 5-year period preceding submission of the report.
(b)

Activities described
The activities described in this subsection are—
(1)
the murder, attempted murder, assault, or other use or threat to use violence against—
(A)
any current or former official of the Government of the United States, wherever located;
(B)
any United States citizen or alien lawfully admitted for permanent residence in the United States, wherever located; or
(C)
any Iranian national residing in the United States; or
(2)
the politically motivated intimidation, abuse, extortion, or detention or trial—
(A)
in Iran, of a United States citizen or alien lawfully admitted for permanent residence in the United States; or
(B)
outside of Iran, of an Iranian national or resident or individual of Iranian origin.
10.

Termination date
The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).