[Congressional Record (Bound Edition), Volume 162 (2016), Part 5]
[Senate]
[Pages 7183-7184]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      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.
       (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.
                                 ______
                                 
      By Mr. KAINE (for himself and Mr. Murphy):

[[Page 7184]]

  S. 2988. A bill to extend the sunset of the Iran Sanctions Act of 
1996 in order to effectuate the Joint Comprehensive Plan of Action in 
guaranteeing that all nuclear material in Iran remains in peaceful 
activities; to the Committee on Banking, Housing, and Urban Affairs.
  Mr. KAINE. Mr. President, I am pleased to introduce with my colleague 
Senator Murphy, a bill that extends the sunset of the Iran Sanctions 
Act, ISA, of 1996 until the President certifies to Congress that the 
Director General of the International Atomic Energy Agency has reached 
a broader conclusion that all nuclear material in Iran remains in 
peaceful activities.
  Currently, ISA expires on December 31st, 2016. Tying ISA's extension 
to Iran's compliance with the Joint Comprehensive Plan of Action, 
JCPOA, will provide the administration additional leverage to ensure 
that a ``snap back'' of sanctions would have significant effect on 
Iran's economy. Since its enactment in 1996, ISA has been a pivotal 
component of U.S. sanctions against Iran's energy sector and other 
industries and remains a critical foundation of our overall sanctions 
architecture.
  Administration officials have indicated that extending ISA, with its 
current waiver authorities, would not violate the JCPOA, as it imposes 
no new sanctions. Additionally, ISA is about more than Iran's nuclear 
program, but also its support for international terrorism, which 
endangers the national security and foreign policy interests of the 
United States and those countries with which the United States shares 
common strategic and foreign policy objectives. ISA addresses this 
issue by denying Iran money to finance international terrorism.
  By specifying in the bill that the extension of ISA ``effectuates the 
JCPOA,'' the intent is to support Congressional actions in line with 
the deal negotiated by the P5+1 and Iran, particularly following 
Congress's comprehensive review of the deal and decision to move 
forward under the Iran Nuclear Review Agreement Act of 2015.
  I am proud to introduce this bill with Senator Murphy to make sure 
that ISA is in place during the JCPOA to signal to the commitment of 
Congress to vigorously enforce Iran's compliance and to make clear that 
should Iran break the terms of the agreement, there will be clear 
consequences, including the re-imposition of sanctions.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mr. King):
  S. 2990. A bill to prohibit the President from preventing foreign air 
carriers traveling to or from Cuba from making transit stops in the 
United States for refueling and other technical services based on the 
Cuban Assets Control Regulations; to the Committee on Banking, Housing, 
and Urban Affairs.
  Ms. COLLINS. Mr President, I rise to introduce bipartisan legislation 
with my colleague from Maine, Senator King, to permit foreign air 
carriers traveling to or from Cuba to make non-traffic, transit stops 
in the United States. Enactment of this legislation will create new 
opportunities for U.S. workers and airports.
  For decades U.S. airports, including Bangor International Airport in 
Maine, have lost out on additional revenue because the current travel 
ban on Cuba prevents them from providing transit stop services to 
flights departing from or en route to Cuba.
  During these transit stops, passengers do not disembark the plane and 
no new passengers board the aircraft. Yet, these stops are valuable for 
airports and their employees who can offer fuel, de-icing, catering, 
and crew services. Under the current travel ban, however, foreign air 
carriers are forced to make transit stops in Canada rather than the 
United States, and any potential profit for U.S. airports flies right 
across the border along with the planes.
  The current disparity means that airports like Bangor not only lose 
revenue related to flights to or from Cuba, but also from transit stops 
for European flights to and from many other destinations in North 
America, Central America, and the Caribbean. That is because if foreign 
airlines cannot use Bangor for all of their flights, it is simply 
easier and more efficient for them to refuel at one airport that can 
meet all of their needs.
  The purpose of economic sanctions was to limit hard currency to 
Cuba--not to harm American workers and cities. Allowing U.S. airports 
to provide these services could support additional jobs for families in 
Maine and other areas throughout the country.
  Allowing such transit stops would also be consistent with existing 
international air transportation agreements. For example, in 2007 the 
U.S. and the EU signed an Air Transport Agreement that granted airlines 
of one party the right to make stops in the territory of the other 
party for non-traffic, transit purposes.
  Likewise, the Chicago Convention, to which there are 191 parties, 
recognizes the right to refuel or carry out maintenance in a foreign 
country, including the United States. The United States should fulfill 
its obligations and permit such transit stops at U.S. airports, no 
matter the destination.
  Our bill would provide American airports and workers the opportunity 
to compete with Canadian airports and would bring the United States 
into compliance with international air travel agreements.
  I strongly urge my colleagues to support this commonsense, bipartisan 
bill.

                          ____________________