[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5961 Engrossed in House (EH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5961
_______________________________________________________________________
AN ACT
To freeze certain Iranian funds involved in the 2023 hostage deal
between the United States and Iran, and for other purposes.
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 Funds for Iranian Terrorism
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On October 7, 2023, Iran-backed Hamas terrorists
launched a massive, unprovoked war on Israel by air, land, and
sea, in which they engaged in the brutal murder of over 1,300
people and kidnapped at least 230 people who are now being held
hostage.
(2) Hamas, Palestinian Islamic Jihad, and Hezbollah have
all been designated by the United States as Foreign Terrorist
Organizations pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(3) Hamas, Palestinian Islamic Jihad, and associated
terrorist organizations backed by Iran routinely and
unabashedly use civilians as ``human shields'' to shield their
weapons and terrorist militants from legitimate military
engagement, a contravention of international humanitarian law
and a heinous violation of the rights and dignity of civilian
noncombatants.
(4) Only the cessation of Hamas' operations, the
unconditional surrender of Hamas, and the immediate
dismantlement of Hamas and all other Iran-backed terrorist
organizations that participated in the massacre of Israelis on
and since October 7, 2023, will ensure that innocent Israeli
and Palestinian civilian lives are saved.
(5) According to an unclassified United States government
assessment, ``Iran has historically provided up to $100 million
annually in combined support to Palestinian terrorist groups,
including Hamas, Palestinian Islamic Jihad (PIJ), and the
Popular Front for the Liberation of Palestine-General
Command.''.
(6) As National Security Advisor Jake Sullivan stated on
October 10, 2023, ``Iran is complicit in this attack in a broad
sense because they have provided the lion's share of the
funding for the military wing of Hamas, they have provided
training, they have provided capabilities, they have provided
support, and they have provided engagement and contact with
Hamas over years and years.''.
(7) President Biden reached an agreement with the Iranian
regime to bring home Siamak Namazi, Morad Tahbaz, Emad Shargi,
and two additional American hostages all of whom were
wrongfully detained in Iran.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO COVERED IRANIAN ASSETS.
(a) In General.--On and after the date of the enactment of this
Act, the President shall impose the sanction described in subsection
(c) with respect to each foreign financial institution that the
President determines engages in an activity described in subsection
(b).
(b) Activities Described.--A foreign financial institution engages
in an activity described in this subsection if the institution
processes, participates in, or facilitates a transaction using or
involving covered Iranian funds.
(c) Blocking of Property.--The sanction described in this
subsection is the exercise of 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 a foreign
financial institution described in 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.
(d) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person that violates, attempts to
violate, conspires to violate, or causes a violation of this section or
any regulations promulgated to carry out this section to the same
extent that such penalties apply to a person that commits an unlawful
act described in section 206(a) of that Act.
(e) Termination of Sanctions.--The President shall not be required
to impose sanctions under this section with respect to a foreign
financial institution or international financial institution described
in subsection (a) if the President certifies in writing to the
appropriate congressional committees not later than 45 days before the
termination of such sanctions that the Government of Iran--
(1) no longer repeatedly provides support for international
terrorism as determined by the Secretary of State pursuant to--
(A) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law; and
(2) has ceased the pursuit, acquisition, and development
of, and verifiably dismantled its, nuclear, biological, and
chemical weapons and ballistic missiles and ballistic missile
launch technology.
(f) Exception Relating To Importation Of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this Act shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply, or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that the terrorist-funding, human
rights-violating Iranian regime should receive no additional funds but
that basic humanitarian assistance for the people of Iran is important.
SEC. 5. LIMITATION OF APPLICABILITY OF CERTAIN LICENSES.
(a) In General.--Notwithstanding any other provision of law, on and
after the date of the enactment of this Act, the President may not--
(1) exercise the waiver authority described in section
1245(d)(5) of the National Defense Authorization Act for Fiscal
Year 2012 and sections 1244(i) and 1247(f) of the Iran Freedom
and Counter-Proliferation Act of 2012 permitting the Government
of Iran or any Iranian person access to any account established
or maintained pursuant to or in accordance with section
1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act
for Fiscal Year 2012; or
(2) issue a general or specific license, frequently asked
question, or any other licensing action or guidance permitting
the Government of Iran or any Iranian person access to or to
benefit directly or indirectly from any account established
pursuant to or in accordance with any account described in
1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act
for Fiscal Year 2012.
(b) Importation of Goods.--
(1) In general.--The exercise of the authorities and
requirements under paragraph (1) or (2) of subsection (a)--
(A) shall not include the authority or requirement
to impose sanctions on the importation of goods; and
(B) shall not apply to any procurement sanctions.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Covered iranian funds.--The term ``covered Iranian
funds'' means any funds transferred from accounts in the
Republic of Korea to Qatar pursuant to or under the authority
or guaranty of a waiver, license, assurance letter, or other
guidance issued pursuant to or in furtherance of the waiver
determination made pursuant to sections 1244(i) (22 U.S.C.
8803(i)) and 1247(f) of the Iran Freedom and Counter-
Proliferation Act of 2012 (22 U.S.C. 8806(f)) and section
1245(d)(5) of the National Defense Authorization Act for Fiscal
Year 2012 (22 U.S.C. 8513a(d)(5)) that is the subject of the
document entitled ``Waiver of Sanctions with Respect to the
Transfer of Funds from the Republic of Korea to Qatar'' and was
transmitted to Congress in September 2023.
(3) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given such term under
section 561.308 of title 31, Code of Federal Regulations.
SEC. 7. SENSE OF CONGRESS ON QATAR.
It is the sense of Congress that the Government of Qatar should
publicly condemn Hamas, turn Hamas leadership over the United States or
Israeli control, and pledge never to facilitate the transfer of any
covered Iranian funds to Iran or any agency or instrumentality of Iran.
SEC. 8. REPORT ON IRANIAN INTERNET CENSORSHIP.
(a) In General.--The Secretary of the Treasury and the Secretary of
State shall jointly submit to Congress a report regarding Iranian
internet censorship and applicable United States licensing
requirements. Such report shall include the following:
(1) An assessment of the Iranian Government's ability to
impose internet shutdowns, censor the internet, and track
Iranian dissidents, labor organizers, political activists, or
human rights defenders inside Iran through targeted digital
surveillance or other digital means.
(2) An assessment of the impact of General License D-2,
issued on September 23, 2022, on the availability of private
communications tools inside Iran, including encryption tools to
assist the people of Iran in circumventing targeted digital
surveillance by the Iranian Government.
(3) A determination of whether additional updates to
General License D-2 or other licenses are needed to keep up
with the pace of technology and ensure that United States
restrictions do not unintentionally inhibit the flow of vital
communication tools to the people of Iran, including cloud
technology, hardware, software, and services incident to
personal communications, including set-top boxes (STB),
satellites, and web developer tools.
(4) A strategy to ensure that resources are available for
digital rights experts to study Iran's online repression and
identify opportunities to counter it.
(5) A strategy to prevent the Government of Iran from
acquiring or developing tools that could be exploited against
activists, including facial recognition software.
(b) Form.--The report required pursuant to subsection (a) shall be
submitted in unclassified form but may include a classified annex if
such annex is provided separately from such unclassified version.
(c) Definition.--In this section, the term ``targeted digital
surveillance'' means the use of items or services that enable an
individual or entity (with or without the knowing authorization of the
product's owner) to detect, monitor, intercept, collect, exploit,
preserve, protect, transmit, retain, or otherwise gain access to the
communications, sensitive or protected information, work product,
browsing data, research, identifying information, location history, or
online or offline activities of other individuals, organizations, or
entities.
SEC. 9. SENSE OF CONGRESS.
It is the sense of Congress that all United States allies in the
Middle East should publicly and unequivocally condemn the antisemitism
displayed by Iranian-backed terrorist groups, including Hamas.
SEC. 10. PROHIBITION ON FUNDS.
No federal funds may be used to make any funds (as such term is
defined in section 2339C(e)(1) of title 18, United States Code)
available to Iran.
SEC. 11. SENSE OF CONGRESS ON THE HOUTHIS.
It is the sense of Congress that the Houthis, an Iran-backed
terrorist group which has hijacked a Japanese-operated cargo ship,
kidnapped and tortured United States citizens, and supports Hamas'
ongoing war against Israel, continues to benefit from the Biden
Administration's failure to unequivocally condemn it.
SEC. 12. REPORT ON POLICY RELATING TO HUMAN RIGHTS, NUCLEAR
PROLIFERATION, BALLISTIC MISSILES, AND REGIONAL TERRORISM
IN IRAN.
Not later than 120 days after the date of the enactment of this
Act, the President shall submit to Congress a report (which may contain
a classified annex) outlining the policy of the United States with
respect to human rights, nuclear proliferation, the ballistic missile
program, and regional terrorism in Iran.
Passed the House of Representatives November 30, 2023.
Attest:
Clerk.
118th CONGRESS
1st Session
H. R. 5961
_______________________________________________________________________
AN ACT
To freeze certain Iranian funds involved in the 2023 hostage deal
between the United States and Iran, and for other purposes.