[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1829 Reported in Senate (RS)]
<DOC>
Calendar No. 370
118th CONGRESS
2d Session
S. 1829
To impose sanctions with respect to persons engaged in the import of
petroleum from the Islamic Republic of Iran, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 6, 2023
Mr. Rubio (for himself, Ms. Hassan, Ms. Rosen, Mr. Hoeven, Mr. Scott of
Florida, Mr. Barrasso, Mrs. Britt, Ms. Murkowski, Mr. Hawley, Mr.
Boozman, Ms. Cortez Masto, Ms. Collins, Mr. Braun, Mr. Thune, Mrs.
Fischer, Mr. Marshall, Mr. Cornyn, Mr. Cramer, Mr. Manchin, Mr.
Ricketts, Mr. Grassley, Mrs. Capito, Ms. Lummis, Mr. Wicker, Mr. Crapo,
Mr. Budd, Mrs. Blackburn, Mr. Moran, Mr. Schmitt, Mr. Kennedy, Mr.
Risch, Mr. Blumenthal, Mr. Casey, Mr. Wyden, Mr. Fetterman, Mr.
Hagerty, Mr. Coons, Mr. Bennet, and Ms. Baldwin) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
May 7, 2024
Reported by Mr. Cardin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To impose sanctions with respect to persons engaged in the import of
petroleum from the Islamic Republic of Iran, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Stop Harboring Iranian
Petroleum Act of 2023''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (2) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations and
the Committee on Banking, Housing, and Urban Affairs of
the Senate; and</DELETED>
<DELETED> (B) the Committee on Foreign Affairs and
the Committee on Financial Services of the House of
Representatives.</DELETED>
<DELETED> (3) Family member.--The term ``family member''
means, with respect to an individual, a spouse, child, parent,
sibling, grandchild, or grandparent of the
individual.</DELETED>
<DELETED> (4) Foreign person.--The term ``foreign person''
means an individual or entity that is not a United States
person.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (8) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen or an alien
lawfully admitted for permanent residence to the United
States; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (9) Vessel.--The term ``vessel'' means any
watercraft or aircraft capable of being used as a means of
transportation on, under, or over water.</DELETED>
<DELETED>SEC. 3. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) to sanction entities that violate the laws of
the United States by providing support to the Iranian energy
sector; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE
IN CERTAIN TRANSACTIONS.</DELETED>
<DELETED> (a) Imposition of Sanctions.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Activities described.--A foreign person
engages in an activity described in this paragraph if the
foreign person--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (D) is a family member of a foreign person
described in subparagraph (A), (B), or (C);</DELETED>
<DELETED> (E) is owned or controlled by a foreign
person described in subparagraph (A), (B), (C), or (D);
or</DELETED>
<DELETED> (F) engages in a significant transaction
with, or provides material support to, a foreign person
described in subparagraph (A), (B), (C), (D), or
(E).</DELETED>
<DELETED> (b) Sanctions Described.--The sanctions described in this
subsection are the following:</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) with respect to a vessel described in
subsection (a)(2)(B), for a period of not more than 2
years.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Ineligibility for visas, admission, or
parole.--</DELETED>
<DELETED> (A) Visas, admission, or parole.--In the
case of an alien, the alien is--</DELETED>
<DELETED> (i) inadmissible to the United
States;</DELETED>
<DELETED> (ii) ineligible to receive a visa
or other documentation to enter the United
States; and</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (B) Current visas revoked.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Immediate effect.--A
revocation under clause (i) shall--</DELETED>
<DELETED> (I) take effect
immediately;</DELETED>
<DELETED> (II) automatically cancel
any other valid visa or entry
documentation that is in the alien's
possession; and</DELETED>
<DELETED> (III) be implemented in
accordance with section 221(i) of the
Immigration and Nationality Act (8
U.S.C. 1201(i)).</DELETED>
<DELETED> (4) Implementation; penalties.--</DELETED>
<DELETED> (A) Implementation.--The President--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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 Act.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Exceptions.--</DELETED>
<DELETED> (1) Exception relating to importation of goods.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Waivers.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) determines that such a waiver is vital
to the national interests of the United States;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Special rule.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) the foreign person--</DELETED>
<DELETED> (I) has ceased engaging in
activities described in subsection (b);
or</DELETED>
<DELETED> (II) has taken and is
continuing to take significant
verifiable steps toward ceasing such
activities; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. REPORT ON PETROLEUM AND PETROLEUM PRODUCT EXPORTS FROM
IRAN.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Contents.--The report required by subsection (a) shall
include the following:</DELETED>
<DELETED> (1) An analysis of the export and sale of
petroleum and petroleum products by the Islamic Republic of
Iran since 2018, including--</DELETED>
<DELETED> (A) an estimate of the annual revenue of
the export and sale of petroleum by the Islamic
Republic of Iran, disaggregated by year;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) the number of petroleum and crude oil
barrels annually exported by the Islamic Republic of
Iran, disaggregated by year;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (F) the average price per petroleum and
crude oil barrel annually exported by the Islamic
Republic of Iran, disaggregated by year; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) An analysis of the labeling practices of the
Islamic Republic of Iran with respect to exported petroleum and
petroleum products.</DELETED>
<DELETED> (3) A description of persons involved in the
export and sale of petroleum and petroleum products from the
Islamic Republic of Iran.</DELETED>
<DELETED> (4) A description of vessels involved in the
export and sale of petroleum and petroleum products from the
Islamic Republic of Iran.</DELETED>
<DELETED> (5) A description of foreign ports involved in the
export and sale of petroleum and petroleum products from the
Islamic Republic of Iran.</DELETED>
<DELETED> (c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Harboring Iranian Petroleum Act
of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Admission; admitted; alien; lawfully admitted for
permanent residence.--The terms ``admission'', ``admitted'',
``alien'', and ``lawfully admitted for permanent residence''
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 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) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) 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.
(5) 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.
(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 any jurisdiction within the United
States, including a foreign branch of such an entity.
(7) Vessel.--The term ``vessel'' means any watercraft or
aircraft capable of being used as a means of transportation on,
under, or over water.
SEC. 3. 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 provide support to the
Iranian energy sector; and
(4) to counter the efforts of the Islamic Republic of Iran
to finance and facilitate the participation of foreign
terrorist organizations in ongoing conflicts and illicit
activities in the region and beyond, which is detrimental to
the national security interests of the United States.
SEC. 4. 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 180 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 at which, on or
after the date of the enactment of this Act, such
person knowingly permits to dock 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
petroleum products; or
(ii) of which the operator or owner of such
vessel otherwise knowingly engages in a
significant transaction involving such vessel
to transport, offload, or deal in significant
transactions in condensate, refined, or
unrefined petroleum products, or other
petrochemical products originating from the
Islamic Republic of Iran;
(B) owns or operates a vessel through which such
owner knowingly 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 vessel that is knowingly
used by a foreign person for the transportation of
significant amounts of petroleum or petroleum products
from the Islamic Republic of Iran;
(D) owns or operates a refinery through which such
owner knowingly engages in a significant transaction to
process, refine, or otherwise deal in any petroleum
product originating from the Islamic Republic of Iran;
(E) is a covered family member of a foreign person
described in subparagraph (A), (B), or (D); or
(F) is owned or controlled by a foreign person
described in subparagraph (A), (B), or (D), and
knowingly engages in an activity described in
subparagraph (A), (B), or (D).
(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
Act.
(B) Notification to congress.--Not later than 10
days before the effective date of any regulation
prescribed in accordance with 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) Waivers.--
(1) In general.--The President may waive the application of
sanctions under this section for renewable periods not to
exceed 180 days if the President--
(A) determines that such a waiver is in the vital
national security 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) Form.--The waiver described in paragraph (1) may be
transmitted in classified form.
(3) Special rule.--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 the foreign person--
(A) has ceased engaging in activities described in
subsection (a)(2); or
(B) has taken and is continuing to take significant
verifiable steps toward ceasing such activities.
(d) Sunset.--The authority to impose sanctions under this section,
and any sanctions imposed under this section, shall terminate on the
date that is 4 years after the date of the enactment of this Act.
(e) Covered Family Member Defined.--In this section, the term
``covered family member'', with respect to a foreign person who is an
individual, means a spouse, adult child, parent, or sibling of the
person who engages in the sanctionable activity described under
subsection (a)(2) or who demonstrably benefits from such activity.
SEC. 5. 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 of 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;
(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.
SEC. 6. MODIFICATION AND EXTENSION OF SANCTIONING THE USE OF CIVILIANS
AS DEFENSELESS SHIELDS ACT.
(a) In General.--Section 3 of the Sanctioning the Use of Civilians
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following:
``(3) Each foreign person that the President determines, on
or after the date of the enactment of the Stop Harboring
Iranian Petroleum Act of 2024--
``(A) is a member of Palestine Islamic Jihad or is
knowingly acting on behalf of Palestine Islamic Jihad;
and
``(B) knowingly orders, controls, or otherwise
directs the use of civilians protected as such by the
law of war to shield military objectives from
attack.'';
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
and
(3) by inserting after subsection (d) the following:
``(e) Congressional Requests.--Not later than 120 days after
receiving a request from the chairman and ranking member of one of the
appropriate congressional committees with respect to whether a foreign
person meets the criteria of a person described in subsection (b) or
(c), the President shall--
``(1) determine if the person meets such criteria; and
``(2) submit a written justification to the chairman and
ranking member detailing whether or not the President imposed
or intends to impose sanctions described in subsection (b) or
(c) with respect to such person.''.
(b) Definitions.--Section 4 of the Sanctioning the Use of Civilians
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
``(7) Palestine islamic jihad.--The term `Palestine Islamic
Jihad' means--
``(A) the entity known as Palestine Islamic Jihad
and designated by the Secretary of State as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); or
``(B) any person identified as an agent or
instrumentality of Palestine Islamic Jihad on the list
of specially designated nationals and blocked persons
maintained by the Office of Foreign Asset Control of
the Department of the Treasury, the property or
interests in property of which are blocked pursuant to
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).''.
(c) Sunset.--Section 5 of the Sanctioning the Use of Civilians as
Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2030''.
SEC. 7. CONFRONTING ASYMMETRIC AND MALICIOUS CYBER ACTIVITIES.
(a) In General.--On and after the date that is 180 days after the
date of the enactment of this Act, the President may impose the
sanctions described in subsection (b) with respect to any foreign
person that the President determines, on or after such date of
enactment--
(1) is responsible for or complicit in, or has engaged
knowingly in, significant cyber-enabled activities originating
from, or directed by persons located, in whole or in
substantial part, outside the United States that are reasonably
likely to result in, or have materially contributed to, a
significant threat to the national security, foreign policy, or
economic health or financial stability of the United States;
(2) materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to
or in support of, any activity described in this subsection or
any person whose property and interests in property are blocked
pursuant to this section;
(3) is owned or controlled by, or has acted or purported to
act for or on behalf of, directly or indirectly, any person
whose property and interests in property are blocked pursuant
to this section; or
(4) has attempted to engage in any of the activities
described in paragraph (1), (2), or (3).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Inadmissibility to united states.--In the case of an
alien--
(A) ineligibility to receive a visa to enter the
United States or to be admitted to the United States;
or
(B) if the individual has been issued a visa or
other documentation, revocation, in accordance with
section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--The blocking, in accordance with
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), of all transactions in all property and interests in
property of a 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.
(c) Requests by Appropriate Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
request that meets the requirements of paragraph (2) with
respect to whether a foreign person has engaged in an activity
described in subsection (a), the President shall--
(A) determine if that person has engaged in such an
activity; and
(B) submit a classified or unclassified report to
the chairperson and ranking member of the committee or
committees that submitted the request with respect to
that determination that includes--
(i) a statement of whether or not the
President imposed or intends to impose
sanctions with respect to the person;
(ii) if the President imposed or intends to
impose sanctions, a description of those
sanctions; and
(iii) if the President does not intend to
impose sanctions, a description of actions that
meet the threshold for the President to impose
sanctions.
(2) Requirements.--A request under paragraph (1) with
respect to whether a foreign person has engaged in an activity
described in subsection (a) shall be submitted to the President
in writing jointly by the chairperson and ranking member of one
of the appropriate congressional committees.
SEC. 8. SANCTIONS WITH RESPECT TO THREATS TO CURRENT OR FORMER UNITED
STATES OFFICIALS.
(a) In General.--On and after the date that is 180 days after the
date of the enactment of this Act, the President shall impose the
sanctions described in subsection (b) with respect to any foreign
person the President determines has, on or after such date of
enactment, ordered, directed, or taken material steps to carry out any
use of violence or has attempted or threatened to use violence against
any current or former official of the Government of the United States.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Inadmissibility to united states.--In the case of a
foreign person who is an individual--
(A) ineligibility to receive a visa to enter the
United States or to be admitted to the United States;
or
(B) if the individual has been issued a visa or
other documentation, revocation, in accordance with
section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--The blocking, in accordance with
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), of all transactions in all property and interests in
property of a 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.
(c) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of a
sanction described in subsection (b)(2) that is imposed by the
President or any regulation, license, or order issued to carry out such
a sanction 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) Waiver.--
(1) In general.--The President may waive the application of
sanctions under this section for renewable periods not to
exceed 180 days if the President--
(A) determines that such a waiver is in the vital
national security 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.
(e) Termination and Sunset.--
(1) Termination of sanctions.--The President may terminate
the application of sanctions under this section with respect to
a person if the President determines and reports to the
appropriate congressional committees not later than 15 days
before the termination of the sanctions that--
(A) credible information exists that the person did
not engage in the activity for which sanctions were
imposed;
(B) the person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activity for which sanctions were
imposed, and has credibly committed to not engage in an
activity described in subsection (a) in the future; or
(C) the termination of the sanctions is in the
vital national security interests of the United States.
(2) Sunset.--The requirement to impose sanctions under this
section shall terminate on the date that is 4 years after the
date of the enactment of this Act.
SEC. 9. RESOURCES FOR SANCTIONS IMPLEMENTATION AT THE DEPARTMENT OF
STATE.
(a) Sense of Congress.--It is the sense of Congress that sanctions
are a vital foreign policy and national security tool, and as such, it
is critical that the Department of State and other agencies with
responsibilities relating to sanctions across the executive branch--
(1) are fully staffed, including through the prompt
confirmation by the Senate of a qualified head of the Office of
Sanctions Coordination of the Department of State; and
(2) have the resources and infrastructure necessary for the
successful development and implementation of sanctions.
(b) Increasing Resources and Improving Modernization for Sanctions
Implementation.--The Secretary of State shall take steps to modernize
the sanctions infrastructure and increase resources dedicated to
implementing sanctions, including by--
(1) ensuring the Department of State has necessary
subscriptions and access to open-source databases for purposes
of making determinations to support the designation of persons
for the imposition of sanctions;
(2) equipping bureaus involved in drafting and reviewing
evidentiary packages to support such designations with
sufficient technical resources to do so, including an adequate
number of workstations that can be used to review classified
information; and
(3) increasing the number of personnel dedicated to making
and reviewing such designations.
(c) Report on Modernizations Efforts.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of State
shall submit to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives a
report describing steps the Department of State is taking to address
challenges in the ability of the Department to support the designation
of persons for the imposition of sanctions.
(d) Authorization of Appropriation.--There is authorized to be
appropriated to the Secretary of State for fiscal year 2025 $15,000,000
to carry out this section.
SEC. 10. EXCEPTIONS.
(a) Exception Relating to Importation of Goods.--
(1) In general.--A requirement to block and prohibit all
transactions in all property and interests in property under
this Act shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(2) Good.--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.
(b) Exception To Comply With United Nations Headquarters Agreement
and Law Enforcement Activities.--Sanctions under this Act shall not
apply with respect to the admission of an alien to the United States if
admitting or paroling the alien into the United States is necessary--
(1) 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; or
(2) to carry out or assist authorized law enforcement
activity in the United States.
(c) Exception To Comply With Intelligence Activities.--Sanctions
under this Act shall not apply to any activity subject to the reporting
requirements under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) or any authorized intelligence activities of the
United States.
(d) Humanitarian Assistance.--
(1) In general.--Sanctions under this Act shall not apply
to--
(A) the conduct or facilitation of a transaction
for the provision of agricultural commodities, food,
medicine, medical devices, humanitarian assistance, or
for humanitarian purposes; or
(B) transactions that are necessary for or related
to the activities described in subparagraph (A).
(2) Definitions.--In this subsection--
(A) Agricultural commodity.--The term
``agricultural commodity'' has the meaning given that
term in section 102 of the Agricultural Trade Act of
1978 (7 U.S.C. 5602).
(B) Medical device.--The term ``medical device''
has the meaning given the term ``device'' in section
201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(C) Medicine.--The term ``medicine'' has the
meaning given the term ``drug'' in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(e) Rule of Construction.--Nothing in this Act shall be construed
to affect the availability of any existing authorities to issue
waivers, exceptions, exemptions, licenses, or other authorization.
(f) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report that
describes each activity that would be sanctionable under this Act if
not excepted pursuant to subsections (b) and (c).
SEC. 11. REPORT ON IMPACTS ON THE ISLAMIC REPUBLIC OF IRAN OF SANCTIONS
IMPOSED BY THE UNITED STATES.
(a) In General.--Not later than 90 days after the date of the
enactment this Act, the Secretary of State, in consultation with the
Secretary of the Treasury and drawing on subject-matter experts
including economists and statisticians from the Department of State and
the Department of the Treasury, shall submit to the appropriate
congressional committees (as defined in section 2(c)) a report on the
impacts on the Islamic Republic of Iran of sanctions imposed by the
United States.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The impact of sanctions imposed by the United States on
the following:
(A) Problematic activities and policies of the
Islamic Republic of Iran, including ballistic missile
development, proliferation of Iranian drones and
missiles to state and non-state actors, uranium
enrichment, and funding of terrorist groups in the
``Axis of Resistance'', and how sanctions have
meaningfully impacted the ability of such groups to
operate.
(B) Key officials of the Iranian regime, including
their access to alternative financial markets, their
standard of living, and impacts to their personal
wealth.
(C) The operations of independent civil society
organizations in Iran, including the ability of such
organizations to access products that would allow them
to document and share human rights abuses, promote
democratic norms, and engage in political dissent.
(D) The efficacy of licensing actions aimed at
ensuring the people of Iran have access to
circumvention technologies around Iranian regime
firewalls and censors to promote internet freedom,
including General License D-2 of the Department of the
Treasury.
(E) The standard of living of the people of Iran,
including--
(i) the impact on the purchasing power of
the people of Iran and their ability to afford
and acquire food and medicine; and
(ii) changes in the size of the working and
middle classes in Iran, including impacts to
the poverty rate in Iran.
(F) The growth of unofficial economies controlled
by officials of the Iranian regime and members of the
Islamic Revolutionary Guard Corps.
(2) What industries in Iran remain unaffected by such
sanctions.
Calendar No. 370
118th CONGRESS
2d Session
S. 1829
_______________________________________________________________________
A BILL
To impose sanctions with respect to persons engaged in the import of
petroleum from the Islamic Republic of Iran, and for other purposes.
_______________________________________________________________________
May 7, 2024
Reported with an amendment