H.R. 850 — Introduced in House

I 113th CONGRESS 1st Session H. R. 850 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Royce (for himself, Mr. Engel, Ms. Ros-Lehtinen, Mr. Deutch, Mr. Poe of Texas, Mr. Sherman, Mr. Chabot, Mr. Connolly, Mr. Smith of New Jersey, Mr. Meeks, Mr. Wilson of South Carolina, Mr. Keating, Mr. McCaul, Mr. Cicilline, Mr. Salmon, Mr. Schneider, Mr. Duncan of South Carolina, Mr. Kennedy, Mr. Kinzinger of Illinois, Ms. Meng, Mr. Cotton, Ms. Frankel of Florida, Mr. Cook, Mr. Holding, Mr. Weber of Texas, Mr. Perry, Mr. Radel, Mr. Collins of Georgia, Mr. Meadows, Mr. Messer, Mr. Marino, Mr. Sires, Mr. Higgins, Mr. Vargas, Mr. Rohrabacher, Mr. Lowenthal, Mr. Stockman, and Ms. Gabbard) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 102. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 103. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Title II—Economic and financial sanctions Sec. 201. Sanctions with respect to certain transactions with Iran. Sec. 202. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 203. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 204. Sense of Congress regarding the European Central Bank. Title III—Miscellaneous provisions Sec. 301. Report on Iranian nuclear and economic capabilities. Sec. 302. National Strategy on Iran. Sec. 303. Government Accountability Office report on sanctions enforcement. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subparagraph (C) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain classified annex, if necessary. (3) Committees of Congress specified The committees of Congress referred to in paragraph (1) are the following: (A) The Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (B) The Committee on Foreign Relations and the Committee on the Judiciary of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 102. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, or implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251), as redesignated by subsection (b) of this section, is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Iran Sanctions Enforcement and Augmentation Act, and every 180 days thereafter; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, and medical devices, and agricultural commodities, intended for the people of Iran. ; and (5) by striking For any such person and inserting the following: (B) Additional requirement For any such person . (d) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 103. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(c); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3)) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). II Economic and financial sanctions 201. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as specifically provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) on a foreign person that the President determines has, on or after the date that is 180 days after the date of the enactment of this section, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to such Act, for— (A) the purchase of goods (other than petroleum or petroleum products) or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods (other than petroleum or petroleum products) or services from a person in Iran or on behalf of a person in Iran. (2) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President may not impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced— (A) the value of exports of goods (other than petroleum or petroleum products) and services from such country to Iran; and (B) the value of imports of goods (other than petroleum or petroleum products) and services to such country from Iran. (2) Time period described The time period referred to in paragraph (1) is the 180-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 180-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . 202. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8806) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution that the President determines has, on or after the date that is 90 days after the date of the enactment of this subsection, knowingly facilitated a significant financial transaction on behalf of any person on the list required by paragraph (2). (2) List (A) In general Not later than 60 days after the date of the enactment of this subsection, the President shall submit to the appropriate congressional committees list of persons that the President determines on or after the date of the enactment of this subsection are directly or indirectly owned or controlled by an Iranian person 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 (other than an Iranian financial institution described in subsection (b)). (B) Updates of list The President shall submit to the appropriate congressional committees an update of the list required by subparagraph (A)— (i) not less than once every 180 days after the date of submission of such list; and (ii) as new information becomes available. (C) Form of report; public availability (i) Form The list required by subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (ii) Public availability The unclassified portion of the list required by clause (i) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (D) Consideration of data from other countries and nongovernmental organizations In preparing the list required by subparagraph (A), the President shall consider credible data already obtained by other countries and nongovernmental organizations. . 203. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648) is amended to read as follows: (I) has significantly reduced its volume of crude oil purchases from Iran, and volume of purchases of crude oil of Iranian origin, from the volume purchased in the immediately preceding 180-day period, and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin; or . (b) Effective date The amendment made by this section shall take effect beginning on the date that is 30 days after the date of the enactment of this Act. 204. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Iranian regime is a vital component of United States policy aimed at preventing the Iranian regime from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should closely coordinate and cooperate with the European Union and its member states to restrict access and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions (with the exception of food, medicine, medical devices and other humanitarian goods), including through the payment systems of the European Central Bank, such as its second generation Trans-European Automated Real-time Gross Settlement Express Transfer System, and local and regional Euro settlement platforms. III Miscellaneous provisions 301. Report on Iranian nuclear and economic capabilities (a) In general Not later that 60 days after the date of the enactment of this Act, and every 60 days thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) a nuclear explosive device; and (B) breakout capacity. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran’s unconventional weapons and Iran’s ballistic missile forces and Iran’s cruise missile forces; (D) a detailed analysis of the effectiveness of Iran’s unconventional weapons and Iran’s ballistic missile forces and Iran’s cruise missile forces as delivery systems for a nuclear device; and (E) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) sources of funding for the activities of the Government of Iran described in paragraphs (1) and (2); (B) the role of the Government of Iran in the formal and informal sector of the domestic Iranian economy; (C) evasive and other efforts by the Government of Iran to circumvent international and bilateral sanctions regimes; and (D) Iran’s capital accounts, current accounts, foreign exchange reserve levels (including access to foreign exchange reserves), and other leading macroeconomic indicators, and estimated timelines with respect to Iran’s macroeconomic viability, including Iran’s exhaustion of foreign exchange reserves. (b) Form The report required under subsection (a) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (c) Definitions In this section: (1) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). (2) Breakout capacity The term breakout capacity means the point at which a country is able to produce enough weapon-grade uranium (or sufficient separated plutonium) for one or more nuclear explosive devices. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. 302. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran, that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than January 30 of each year, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; and (D) exploit key vulnerabilities. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 303. Government Accountability Office report on sanctions enforcement (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the extent to which the President is implementing section 5(a) and (b) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note), sections 104 and 104A of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513 and 8513b) and title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.). (b) Basis of report The report required under subsection (a) shall be based on publicly-available information. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing and Urban Affairs, and the Committee on Finance of the Senate.