[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3061-S3063]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 884. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 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 in title XII, insert the
following:
Subtitle ___--Stop Harboring Iranian Petroleum Act of 2023
SEC. ___. SHORT TITLE.
This subtitle may be cited as the ``Stop Harboring Iranian
Petroleum Act of 2023''.
SEC. ___. DEFINITIONS.
In this subtitle:
(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.
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SEC. ___. 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.
SEC. ___. 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 subtitle.
(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.
SEC. ___. 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;
[[Page S3063]]
(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.
______