[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3028 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3028
To continue in effect certain Executive orders imposing sanctions with
respect to Iran, to prevent the waiver of certain sanctions imposed by
the United States with respect to Iran until the Government of Iran
ceases to attempt to assassinate United States officials, other United
States citizens, and Iranian nationals residing in the United States,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 4, 2023
Ms. Ernst (for herself, Mr. Graham, Mr. Hagerty, Mr. Cruz, Mr. Rubio,
Mr. Cramer, Mr. Scott of Florida, Mr. Braun, Mr. Hoeven, Mr. Wicker,
Mr. Boozman, Mr. Crapo, Mr. Thune, Mrs. Britt, and Mr. Barrasso)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To continue in effect certain Executive orders imposing sanctions with
respect to Iran, to prevent the waiver of certain sanctions imposed by
the United States with respect to Iran until the Government of Iran
ceases to attempt to assassinate United States officials, other United
States citizens, and Iranian nationals residing in the United States,
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 ``Preventing Underhanded and Nefarious
Iranian Supported Homicides Act of 2023'' or the ``PUNISH Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Appropriations,
and the Select Committee on Intelligence of the Senate;
and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Appropriations,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
(2) Covered executive order.--The term ``covered Executive
order'' means any of the following:
(A) Executive Order 13871 (50 U.S.C. 1701 note;
relating to imposing sanctions with respect to the
iron, steel, aluminum, and copper sectors of Iran), as
in effect on May 10, 2019.
(B) Executive Order 13876 (50 U.S.C. 1701 note;
relating to imposing sanctions with respect to Iran),
as in effect on June 24, 2019.
(C) Executive Order 13902 (50 U.S.C. 1701 note;
relating to imposing sanctions with respect to
additional sectors of Iran), as in effect on January
10, 2020.
(D) Executive Order 13949 (50 U.S.C. 1701 note;
relating to blocking property of certain persons with
respect to the conventional arms activities of Iran),
as in effect on September 21, 2020.
(3) Covered provision of law.--The term ``covered provision
of law'' means any of the following:
(A) This Act.
(B) Each covered Executive order.
(C) The Iran Sanctions Act of 1996 (Public Law 104-
172; 50 U.S.C. 1701 note).
(D) The Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8501 et seq.).
(E) Section 1245 of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C.
8513a).
(F) The Iran Threat Reduction and Syria Human
Rights Act of 2012 (22 U.S.C. 8701 et seq.).
(G) The Iran Freedom and Counter-Proliferation Act
of 2012 (22 U.S.C. 8801 et seq.).
(H) Title I of the Countering America's Adversaries
Through Sanctions Act (22 U.S.C. 9401 et seq.).
(I) The International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq).
(4) Government of iran.--The term ``Government of Iran''
includes--
(A) any agency or instrumentality of the Government
of Iran; and
(B) any person owned or controlled by that
Government.
SEC. 3. CONTINUATION IN EFFECT OF CERTAIN EXECUTIVE ORDERS IMPOSING
SANCTIONS WITH RESPECT TO IRAN.
(a) In General.--Each covered Executive order shall remain in
effect and continue to apply, and may not be modified, until the
termination date described in section 10.
(b) Continuation in Effect of Sanctions Designations.--With respect
to each person designated for the imposition of sanctions pursuant to a
covered Executive order before the date of the enactment of this Act,
the designation of the person, and sanctions applicable to the person
pursuant to the designation, shall remain in effect and continue to
apply, and may not be modified, until the termination date described in
section 10.
(c) Publication.--In publishing this Act in slip form and in the
United States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall include at
the end an appendix setting forth the text of each covered Executive
order.
SEC. 4. CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH
RESPECT TO IRAN.
(a) In General.--Notwithstanding subsection (a)(2) or (d) of
section 202 of the National Emergencies Act (50 U.S.C. 1622), the
national emergencies specified in subsection (b) shall remain in effect
and continue to apply, and may not be modified, until the termination
date described in section 10.
(b) National Emergencies Specified.--The national emergencies
specified in this subsection are the following national emergencies
declared with respect to Iran:
(1) The national emergency declared by Executive Order
12170 (50 U.S.C. 1701 note; relating to blocking Iranian
Government property) and most recently continued by the Notice
of the President issued November 8, 2022 (87 Fed. Reg. 68,013).
(2) The national emergency declared by Executive Order
12957 (50 U.S.C. 1701 note; relating to prohibiting certain
transactions with respect to the development of Iranian
petroleum resources) and most recently continued by the Notice
of the President issued March 10, 2023 (88 Fed. Reg. 15,595).
SEC. 5. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO THE CENTRAL
BANK OF IRAN, THE NATIONAL DEVELOPMENT FUND OF IRAN, THE
ETEMAD TEJARTE PARS COMPANY, THE NATIONAL IRANIAN OIL
COMPANY, AND THE NATIONAL IRANIAN TANKER COMPANY UNDER
EXECUTIVE ORDER 13224.
With respect to each Iranian person designated on January 1, 2021,
for the imposition of sanctions under Executive Order 13224 (50 U.S.C.
1701 note; relating to blocking property and prohibiting transactions
with persons who commit, threaten to commit, or support terrorism), as
in effect on September 9, 2019, the designation of the person, and
sanctions applicable to the person pursuant to the designation, shall
remain in effect and continue to apply, and may not be modified, until
the termination date described in section 10.
SEC. 6. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION
DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS.
The designation of the Islamic Revolutionary Guard Corps as a
foreign terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), and sanctions applicable to the
Islamic Revolutionary Guard Corps pursuant to that designation, shall
remain in effect and continue to apply, and may not be modified, until
the termination date described in section 10.
SEC. 7. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN FINANCIAL
INSTITUTIONS, INCLUDING WITH RESPECT TO PETROLEUM
PURCHASES FROM IRAN.
Section 1245(d) of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a(d)) is amended by striking paragraph
(4) and inserting the following:
``(4) Limitation on authority.--The President may not
exercise the authority under paragraph (5) to waive the
imposition of sanctions under paragraph (1), or issue any
license to authorize the purchase of petroleum or petroleum
products from Iran, unless the determination set forth in the
most recent report submitted under subsection (a) of section 9
of the Preventing Underhanded and Nefarious Iranian Supported
Homicides Act of 2023 was a determination that the Government
of Iran has not engaged in any of activities described in
subsection (b) of that section during the 5-year period
preceding submission of the report.''.
SEC. 8. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS
WITH RESPECT TO IRAN.
The President may not waive, suspend, reduce, provide relief from,
or otherwise limit the application of sanctions imposed pursuant to any
covered provision of law unless, in addition to the requirements for a
waiver under that provision of law, the determination set forth in the
most recent report submitted under subsection (a) of section 9 was a
determination that the Government of Iran has not engaged in any of
activities described in subsection (b) of that section during the 5-
year period preceding submission of the report.
SEC. 9. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED
ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED
STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED
STATES.
(a) Determination Required.--Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter, the
Secretary of State, in consultation with the Secretary of Defense, the
Director of National Intelligence, and the Secretary of the Treasury,
shall submit to the appropriate congressional committees a report
setting forth a determination of whether the Government of Iran or any
foreign person (including any foreign financial institution) has
directly or indirectly ordered, controlled, directed, or otherwise
supported (including through the use of Iranian agents or affiliates of
the Government of Iran, including Hezbollah, Hamas, Kata'ib Hezbollah,
Palestinian Islamic Jihad, or any other entity determined to be such an
agent or affiliate) any of the activities described in subsection (b)
during the 5-year period preceding submission of the report.
(b) Activities Described.--The activities described in this
subsection are--
(1) the murder, attempted murder, assault, or other use or
threat to use violence against--
(A) any current or former official of the
Government of the United States, wherever located;
(B) any United States citizen or alien lawfully
admitted for permanent residence in the United States,
wherever located; or
(C) any Iranian national residing in the United
States; or
(2) the politically motivated intimidation, abuse,
extortion, or detention or trial--
(A) in Iran, of a United States citizen or alien
lawfully admitted for permanent residence in the United
States; or
(B) outside of Iran, of an Iranian national or
resident or individual of Iranian origin.
SEC. 10. TERMINATION DATE.
The termination date described in this section is the date that is
30 days after the date on which the President submits to Congress the
certification described in section 401(a) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8551(a)).
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