[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[Senate]
[Pages S3173-S3174]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN:
  S. 2984. 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; to the Committee on 
Foreign Relations.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2984

       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.

[[Page S3174]]

       (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.
                                 ______