[Congressional Record Volume 163, Number 146 (Monday, September 11, 2017)]
[Senate]
[Pages S5151-S5152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 929. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to
be proposed by Mr. McCain to the bill H.R. 2810, to authorize
appropriations for fiscal year 2018 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN
FOREIGN PERSONS THREATENING PEACE OR STABILITY
IN IRAQ AND SYRIA.
(a) Sanctions Required.--The President shall impose the
sanctions described in subsection (b)(1) with respect to any
foreign person that--
(1) is responsible for or complicit in, or to have engaged
in, directly or indirectly--
(A) actions that threaten the peace, security, or stability
of Iraq or Syria;
(B) actions or policies that undermine efforts to promote
economic reconstruction and political reform in Iraq; or
(C) the obstruction of the delivery or distribution of, or
access to, humanitarian assistance to the people of Iraq or
Syria;
(2) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of, any activity described in
subparagraph (A), (B), or (C) of paragraph (1); or
(3) is owned or controlled by, or has acted or purported to
act for or on behalf of, directly or indirectly, a foreign
person that has carried out any activity described in
subparagraph (A), (B), or (C) of paragraph (1) or paragraph
(2).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The President shall block, in
accordance with the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), all transactions in all
property and interests in property of a person subject to
subsection (a) 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.
(B) Aliens ineligible for visas, admission, or parole.--
(i) Exclusion from the united states.--The Secretary of
State shall deny a visa to, and the Secretary of Homeland
Security shall exclude from the United States, any person
subject to subsection (a) that is an alien.
(ii) Current visas revoked.--
(I) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or
a designee of one of such Secretaries) shall revoke any visa
or other entry documentation issued to an alien subject to
subsection (a), regardless of when issued.
(II) Effect of revocation.--A revocation under subclause
(I) shall take effect immediately and shall automatically
cancel any other valid visa or entry documentation that is in
the alien's possession.
(2) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of the imposition of sanctions under this section.
(3) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1)(A) or any regulation, license, or order issued
to carry out that paragraph 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.
[[Page S5152]]
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply
to an alien if admitting 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.
(c) Waiver.--
(1) In general.--The President may, on a case-by-case basis
and for periods not to exceed 180 days, waive the application
of sanctions under this section with respect to a foreign
person, and may renew the waiver for additional periods of
not more than 180 days, if the President determines and
reports to the appropriate congressional committees at least
15 days before the waiver or renewal of the waiver is to take
effect that the waiver is vital to the national security
interests of the United States.
(2) Form of report.--A report submitted under paragraph (1)
shall be submitted in unclassified form but may include a
classified annex.
(3) Sunset.--The provisions of this subsection and any
waivers issued pursuant to this subsection shall terminate on
the date that is 3 years after the date of the enactment of
this Act.
(d) Implementation Authority.--The President may exercise
all authorities provided to the President 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.
(e) Regulatory Authority.--
(1) In general.--The President shall, not later than 90
days after the date of the enactment of this Act, promulgate
regulations as necessary for the implementation of this
section.
(2) Notification to congress.--Not less than 10 days before
the promulgation of regulations under paragraph (1), the
President shall notify and provide to the appropriate
congressional committees the proposed regulations and the
provisions of this Act and the amendments made by this Act
that the regulations are implementing.
(f) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms 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 Affairs, the Committee on the
Judiciary, the Committee on Ways and Means, and the Committee
on Financial Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Finance, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States person;
(B) a corporation, partnership, or other nongovernmental
entity that is not a United States person; or
(C) any representative, agent or instrumentality of, or an
individual working on behalf of a foreign government.
(4) Government of iraq.--The term ``Government of Iraq''
has the meaning given that term in section 576.310 of title
31, Code of Federal Regulations (or any corresponding similar
regulation or ruling).
(5) Government of syria.--The term ``Government of Syria''
has the meaning given that term in section 542.305 of title
31, Code of Federal Regulations (or any corresponding similar
regulation or ruling).
(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) Person.--The term ``person'' means an individual or
entity.
(8) Property; property interest.--The terms ``property''
and ``property interest'' have the meanings given those terms
in section 576.312 of title 31, Code of Federal Regulations
(or any corresponding similar regulation or ruling).
(9) United states person.--The term ``United States
person'' has the meaning given that term in section 576.319
of title 31, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
(g) Sunset.--This section shall cease to be effective
beginning on January 1, 2022.
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