I
118THCONGRESS
2
DSESSION H. R. 8038
To authorize the President to impose certain sanctions with respect to Russia
and Iran, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL17, 2024
Mr. M
CCAULintroduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on Finan-
cial Services, the Judiciary, Ways and Means, Armed Services, the Budg-
et, Rules, Energy and Commerce, and Transportation and Infrastructure,
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 authorize the President to impose certain sanctions with
respect to Russia and Iran, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘21st Century Peace 4
through Strength Act’’. 5
SEC. 2. TABLE OF CONTENTS. 6
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
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DIVISION A—FEND OFF FENTANYL ACT
Sec. 3001. Short titles.
Sec. 3002. Sense of Congress.
Sec. 3003. Definitions.
TITLE I—SANCTIONS MATTERS
Subtitle A—Sanctions in Response to National Emergency Relating to
Fentanyl Trafficking
Sec. 3101. Finding; policy.
Sec. 3102. Use of national emergency authorities; reporting.
Sec. 3103. Imposition of sanctions with respect to fentanyl trafficking by
transnational criminal organizations.
Sec. 3104. Penalties; waivers; exceptions.
Sec. 3105. Treatment of forfeited property of transnational criminal organiza-
tions.
Subtitle B—Other Matters
Sec. 3111. Ten-year statute of limitations for violations of sanctions.
Sec. 3112. Classified report and briefing on staffing of office of foreign assets
control.
Sec. 3113. Report on drug transportation routes and use of vessels with mis-
labeled cargo.
Sec. 3114. Report on actions of People’s Republic of China with respect to per-
sons involved in fentanyl supply chain.
TITLE II—ANTI-MONEY LAUNDERING MATTERS
Sec. 3201. Designation of illicit fentanyl transactions of sanctioned persons as
of primary money laundering concern.
Sec. 3202. Treatment of transnational criminal organizations in suspicious
transactions reports of the financial crimes enforcement net-
work.
Sec. 3203. Report on trade-based money laundering in trade with Mexico, the
People’s Republic of China, and Burma.
TITLE III—EXCEPTION RELATING TO IMPORTATION OF GOODS
Sec. 3301. Exception relating to importation of goods.
DIVISION B—REBUILDING ECONOMIC PROSPERITY AND
OPPORTUNITY FOR UKRAINIANS ACT
TITLE I—REBUILDING ECONOMIC PROSPERITY AND
OPPORTUNITY FOR UKRAINIANS ACT
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE II—REPURPOSING OF RUSSIAN SOVEREIGN ASSETS
Sec. 101. Findings; sense of Congress.
Sec. 102. Sense of Congress regarding importance of the Russian Federation
providing compensation to Ukraine.
Sec. 103. Prohibition on release of blocked Russian sovereign assets.
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Sec. 104. Authority to ensure compensation to Ukraine using seized Russian
sovereign assets and Russian aggressor state sovereign assets.
Sec. 105. International mechanism to use Russian sovereign assets and Russian
aggressor state sovereign assets to provide for the reconstruc-
tion of Ukraine.
Sec. 106. Report on use of transferred Russian sovereign assets for reconstruc-
tion.
Sec. 107. Assessment by Secretary of State and Administrator of USAID on
reconstruction and rebuilding needs of Ukraine.
Sec. 108. Extensions.
DIVISION C—OTHER MATTERS
Sec. 1. Report and imposition of sanctions to harmonize with allied sanctions.
DIVISION D—PROTECTING AMERICANS FROM FOREIGN
ADVERSARY CONTROLLED APPLICATIONS ACT
Sec. 1. Short title.
Sec. 2. Prohibition of foreign adversary controlled applications.
Sec. 3. Judicial review.
DIVISION E—PROTECTING AMERICANS’ DATA FROM FOREIGN
ADVERSARIES ACT OF 2024
Sec. 1. Short title.
Sec. 2. Prohibition on transfer of personally identifiable sensitive data of
United States individuals to foreign adversaries.
DIVISION F—SHIP ACT
Sec. 1. Short title.
Sec. 2. Statement of policy.
Sec. 3. Imposition of sanctions with respect to Iranian petroleum.
Sec. 4. Report on Iranian petroleum and petroleum products exports.
Sec. 5. Strategy to counter role of the People’s Republic of China in evasion
of sanctions with respect to Iran.
Sec. 6. Definitions.
DIVISION G—FIGHT CRIME ACT
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Report.
Sec. 5. Sanctions to combat the proliferation of Iranian missiles.
Sec. 6. Report to identify, and designation as foreign terrorist organizations of,
Iranian persons that have attacked united states citizens using
unmanned combat aerial vehicles.
Sec. 7. Definitions.
DIVISION H—MAHSA ACT
Sec. 1. Short title.
Sec. 2. Imposition of sanctions on Iran’s supreme leader’s office, its appointees,
and any affiliated persons.
Sec. 3. Severability.
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DIVISION I—HAMAS AND OTHER PALESTINIAN TERRORIST
GROUPS INTERNATIONAL FINANCING PREVENTION ACT
Sec. 1. Short title.
Sec. 2. Statement of policy.
Sec. 3. Imposition of sanctions with respect to foreign persons supporting acts
of terrorism or engaging in significant transactions with senior
members of Hamas, Palestinian Islamic jihad and other Pales-
tinian terrorist organizations.
Sec. 4. Imposition of measures with respect to foreign states providing support
to Hamas, Palestinian Islamic jihad and other Palestinian ter-
rorist organizations.
Sec. 5. Reports on activities to disrupt global fundraising, financing, and money
laundering activities of Hamas, Palestinian Islamic jihad, al-
aqsa martyrs brigade, the lion’s den or any affiliate or suc-
cessor thereof.
Sec. 6. Termination.
Sec. 7. Definitions.
DIVISION J—NO TECHNOLOGY FOR TERROR ACT
Sec. 1. Short title.
Sec. 2. Application of foreign-direct product rules to Iran.
DIVISION K—STRENGTHENING TOOLS TO COUNTER THE USE OF
HUMAN SHIELDS ACT
Sec. 1. Short title.
Sec. 2. Statement of policy.
Sec. 3. Modification and extension of Sanctioning the Use of Civilians as De-
fenseless Shields Act.
Sec. 4. Report on countering the use of human shields.
Sec. 5. Confronting asymmetric and malicious cyber activities.
Sec. 6. Sanctions with respect to threats to current or former united states offi-
cials.
DIVISION L—ILLICIT CAPTAGON TRAFFICKING SUPPRESSION ACT
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Imposition of sanctions with respect to illicit captagon trafficking.
Sec. 5. Determinations with respect to the government of Syria, hizballah, and
networks affiliated with the government of Syria or hizballah.
Sec. 6. Definitions.
DIVISION M—END FINANCING FOR HAMAS AND STATE SPONSORS
OF TERRORISM ACT
Sec. 1. Short title.
Sec. 2. Report on financing for Hamas.
Sec. 3. Multilateral Strategy to Disrupt Hamas Financing.
DIVISION N—HOLDING IRANIAN LEADERS ACCOUNTABLE ACT
Sec. 1. Short title.
Sec. 2. Findings.
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Sec. 3. Report on financial institutions and assets connected to certain Iranian
officials.
Sec. 4. Restrictions on certain financial institutions.
Sec. 5. Exceptions for national security; implementation authority.
Sec. 6. Sunset.
Sec. 7. Definitions.
DIVISION O—IRAN-CHINA ENERGY SANCTIONS ACT OF 2023
Sec. 1. Short title.
Sec. 2. Sanctions on foreign financial institutions with respect to the purchase
of petroleum products and unmanned aerial vehicles from Iran.
DIVISION P—BUDGETARY EFFECTS
Sec. 1. Budgetary effects.
SEC. 3. REFERENCES.
1
Except as expressly provided otherwise, any reference 2
to ‘‘this Act’’ contained in any division of this Act shall 3
be treated as referring only to the provisions of that divi-4
sion. 5
DIVISION A—FEND OFF 6
FENTANYL ACT 7
SEC. 3001. SHORT TITLES. 8
This division may be cited as the ‘‘Fentanyl Eradi-9
cation and Narcotics Deterrence Off Fentanyl’’ or the 10
‘‘FEND Off Fentanyl Act’’. 11
SEC. 3002. SENSE OF CONGRESS. 12
It is the sense of Congress that— 13
(1) the proliferation of fentanyl is causing an 14
unprecedented surge in overdose deaths in the 15
United States, fracturing families and communities, 16
and necessitating a comprehensive policy response to 17
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combat its lethal flow and to mitigate the drug’s 1
devastating consequences; 2
(2) the trafficking of fentanyl into the United 3
States is a national security threat that has killed 4
hundreds of thousands of United States citizens; 5
(3) transnational criminal organizations, includ-6
ing cartels primarily based in Mexico, are the main 7
purveyors of fentanyl into the United States and 8
must be held accountable; 9
(4) precursor chemicals sourced from the Peo-10
ple’s Republic of China are— 11
(A) shipped from the People’s Republic of 12
China by legitimate and illegitimate means; 13
(B) transformed through various synthetic 14
processes to produce different forms of 15
fentanyl; and 16
(C) crucial to the production of illicit 17
fentanyl by transnational criminal organiza-18
tions, contributing to the ongoing opioid crisis; 19
(5) the United States Government must remain 20
vigilant to address all new forms of fentanyl precur-21
sors and drugs used in combination with fentanyl, 22
such as Xylazine, which attribute to overdose deaths 23
of people in the United States; 24
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(6) to increase the cost of fentanyl trafficking, 1
the United States Government should work collabo-2
ratively across agencies and should surge analytic 3
capability to impose sanctions and other remedies 4
with respect to transnational criminal organizations 5
(including cartels), including foreign nationals who 6
facilitate the trade in illicit fentanyl and its precur-7
sors from the People’s Republic of China; and 8
(7) the Department of the Treasury should 9
focus on fentanyl trafficking and its facilitators as 10
one of the top national security priorities for the De-11
partment. 12
SEC. 3003. DEFINITIONS. 13
In this division: 14
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -15
TEES.—The term ‘‘appropriate congressional com-16
mittees’’ means— 17
(A) the Committee on Banking, Housing, 18
and Urban Affairs of the Senate; 19
(B) the Committee on Foreign Relations of 20
the Senate; 21
(C) the Committee on Financial Services of 22
the House of Representatives; and 23
(D) the Committee on Foreign Affairs of 24
the House of Representatives. 25
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(2) FOREIGN PERSON.—The term ‘‘foreign per-1
son’’— 2
(A) means— 3
(i) any citizen or national of a foreign 4
country; or 5
(ii) any entity not organized under the 6
laws of the United States or a jurisdiction 7
within the United States; and 8
(B) does not include the government of a 9
foreign country. 10
(3) K
NOWINGLY.—The term ‘‘knowingly’’, with 11
respect to conduct, a circumstance, or a result, 12
means that a person has actual knowledge, or should 13
have known, of the conduct, the circumstance, or the 14
result. 15
(4) T
RAFFICKING.—The term ‘‘trafficking’’, 16
with respect to fentanyl, fentanyl precursors, or 17
other related opioids, has the meaning given the 18
term ‘‘opioid trafficking’’ in section 7203(8) of the 19
Fentanyl Sanctions Act (21 U.S.C. 2302(8)). 20
(5) T
RANSNATIONAL CRIMINAL ORGANIZA -21
TION.—The term ‘‘transnational criminal organiza-22
tion’’ includes— 23
(A) any organization designated as a sig-24
nificant transnational criminal organization 25
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under part 590 of title 31, Code of Federal 1
Regulations; 2
(B) any of the organizations known as— 3
(i) the Sinaloa Cartel; 4
(ii) the Jalisco New Generation Car-5
tel; 6
(iii) the Gulf Cartel; 7
(iv) the Los Zetas Cartel; 8
(v) the Juarez Cartel; 9
(vi) the Tijuana Cartel; 10
(vii) the Beltran-Leyva Cartel; or 11
(viii) La Familia Michoacana; or 12
(C) any successor organization to an orga-13
nization described in subparagraph (B) or as 14
otherwise determined by the President. 15
(6) U
NITED STATES PERSON .—The term 16
‘‘United States person’’ means— 17
(A) a United States citizen or an alien law-18
fully admitted for permanent residence to the 19
United States; 20
(B) an entity organized under the laws of 21
the United States or of any jurisdiction within 22
the United States, including a foreign branch of 23
such an entity; or 24
(C) any person in the United States. 25
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TITLE I—SANCTIONS MATTERS 1
Subtitle A—Sanctions in Response 2
to National Emergency Relating 3
to Fentanyl Trafficking 4
SEC. 3101. FINDING; POLICY. 5
(a) F
INDING.—Congress finds that international 6
trafficking of fentanyl, fentanyl precursors, or other re-7
lated opioids constitutes an unusual and extraordinary 8
threat to the national security, foreign policy, and econ-9
omy of the United States, and is a national emergency. 10
(b) P
OLICY.—It shall be the policy of the United 11
States to apply economic and other financial sanctions to 12
those who engage in the international trafficking of 13
fentanyl, fentanyl precursors, or other related opioids to 14
protect the national security, foreign policy, and economy 15
of the United States. 16
SEC. 3102. USE OF NATIONAL EMERGENCY AUTHORITIES; 17
REPORTING. 18
(a) I
NGENERAL.—The President may exercise all 19
authorities provided under sections 203 and 205 of the 20
International Emergency Economic Powers Act (50 21
U.S.C. 1702 and 1704) to carry out this subtitle. 22
(b) R
EPORTREQUIRED.— 23
(1) I
N GENERAL.—Not later than 180 days 24
after the date of the enactment of this Act, and an-25
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nually thereafter, the President shall submit to the 1
appropriate congressional committees a report on ac-2
tions taken by the executive branch pursuant to this 3
subtitle and any national emergency declared with 4
respect to the trafficking of fentanyl and trade in 5
other illicit drugs, including— 6
(A) the issuance of any new or revised reg-7
ulations, policies, or guidance; 8
(B) the imposition of sanctions; 9
(C) the collection of relevant information 10
from outside parties; 11
(D) the issuance or closure of general li-12
censes, specific licenses, and statements of li-13
censing policy by the Office of Foreign Assets 14
Control; 15
(E) a description of any pending enforce-16
ment cases; and 17
(F) the implementation of mitigation pro-18
cedures. 19
(2) F
ORM OF REPORT.—Each report required 20
under paragraph (1) shall be submitted in unclassi-21
fied form, but may include the matters required 22
under subparagraphs (C), (D), (E), and (F) of such 23
paragraph in a classified annex. 24
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SEC. 3103. IMPOSITION OF SANCTIONS WITH RESPECT TO 1
FENTANYL TRAFFICKING BY 2
TRANSNATIONAL CRIMINAL ORGANIZATIONS. 3
(a) I
NGENERAL.—The President shall impose the 4
sanctions described in subsection (b) with respect to any 5
foreign person the President determines— 6
(1) is knowingly involved in the significant traf-7
ficking of fentanyl, fentanyl precursors, or other re-8
lated opioids, including such trafficking by a 9
transnational criminal organization; or 10
(2) otherwise is knowingly involved in signifi-11
cant activities of a transnational criminal organiza-12
tion relating to the trafficking of fentanyl, fentanyl 13
precursors, or other related opioids. 14
(b) S
ANCTIONSDESCRIBED.—The President, pursu-15
ant to the International Emergency Economic Powers Act 16
(50 U.S.C. 1701 et seq.), may block and prohibit all trans-17
actions in property and interests in property of a foreign 18
person described in subsection (a) if such property and 19
interests in property are in the United States, come within 20
the United States, or are or come within the possession 21
or control of a United States person. 22
(c) R
EPORTREQUIRED.—Not later than 180 days 23
after the date of the enactment of this Act, and annually 24
thereafter, the President shall submit to the appropriate 25
congressional committees a report on actions taken by the 26
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executive branch with respect to the foreign persons iden-1
tified under subsection (a). 2
SEC. 3104. PENALTIES; WAIVERS; EXCEPTIONS. 3
(a) P
ENALTIES.—Any person that violates, attempts 4
to violate, conspires to violate, or causes a violation of this 5
subtitle or any regulation, license, or order issued to carry 6
out this subtitle shall be subject to the penalties set forth 7
in subsections (b) and (c) of section 206 of the Inter-8
national Emergency Economic Powers Act (50 U.S.C. 9
1705) to the same extent as a person that commits an 10
unlawful act described in subsection (a) of that section. 11
(b) N
ATIONALSECURITYWAIVER.—The President 12
may waive the application of sanctions under this subtitle 13
with respect to a foreign person if the President deter-14
mines that such waiver is in the national security interest 15
of the United States. 16
(c) E
XCEPTIONS.— 17
(1) E
XCEPTION FOR INTELLIGENCE ACTIVI -18
TIES.—This subtitle shall not apply with respect to 19
activities subject to the reporting requirements 20
under title V of the National Security Act of 1947 21
(50 U.S.C. 3091 et seq.) or any authorized intel-22
ligence activities of the United States. 23
(2) E
XCEPTION FOR COMPLIANCE WITH INTER -24
NATIONAL OBLIGATIONS AND LAW ENFORCEMENT 25
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ACTIVITIES.—Sanctions under this subtitle shall not 1
apply with respect to an alien if admitting or parol-2
ing the alien into the United States is necessary— 3
(A) to permit the United States to comply 4
with the Agreement regarding the Head-5
quarters of the United Nations, signed at Lake 6
Success on June 26, 1947, and entered into 7
force November 21, 1947, between the United 8
Nations and the United States, or other appli-9
cable international obligations of the United 10
States; or 11
(B) to carry out or assist law enforcement 12
activity of the United States. 13
(3) H
UMANITARIAN EXEMPTION .—The Presi-14
dent may not impose sanctions under this subtitle 15
with respect to any person for conducting or facili-16
tating a transaction for the sale of agricultural com-17
modities, food, medicine, or medical devices or for 18
the provision of humanitarian assistance. 19
SEC. 3105. TREATMENT OF FORFEITED PROPERTY OF 20
TRANSNATIONAL CRIMINAL ORGANIZATIONS. 21
(a) T
RANSFER OFFORFEITEDPROPERTY TOFOR-22
FEITUREFUNDS.— 23
(1) I
N GENERAL.—Any covered forfeited prop-24
erty shall be deposited into the Department of the 25
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Treasury Forfeiture Fund established under section 1
9705 of title 31, United States Code, or the Depart-2
ment of Justice Assets Forfeiture Fund established 3
under section 524(c) of title 28, United States Code. 4
(2) R
EPORT REQUIRED.—Not later than 180 5
days after the date of the enactment of this Act, and 6
every 180 days thereafter, the President shall sub-7
mit to the appropriate congressional committees a 8
report on any deposits made under paragraph (1) 9
during the 180-day period preceding submission of 10
the report. 11
(3) C
OVERED FORFEITED PROPERTY DE -12
FINED.—In this subsection, the term ‘‘covered for-13
feited property’’ means property— 14
(A) forfeited to the United States under 15
chapter 46 or section 1963 of title 18, United 16
States Code; and 17
(B) that belonged to or was possessed by 18
an individual affiliated with or connected to a 19
transnational criminal organization subject to 20
sanctions under— 21
(i) this subtitle; 22
(ii) the Fentanyl Sanctions Act (21 23
U.S.C. 2301 et seq.); or 24
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(iii) Executive Order 14059 (50 1
U.S.C. 1701 note; relating to imposing 2
sanctions on foreign persons involved in 3
the global illicit drug trade). 4
(b) B
LOCKEDASSETSUNDERTERRORISMRISKIN-5
SURANCEACT OF2002.—Nothing in this subtitle may be 6
construed to affect the treatment of blocked assets of a 7
terrorist party described in section 201(a) of the Ter-8
rorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note). 9
Subtitle B—Other Matters 10
SEC. 3111. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLA-11
TIONS OF SANCTIONS. 12
(a) I
NTERNATIONAL EMERGENCYECONOMICPOW-13
ERSACT.—Section 206 of the International Emergency 14
Economic Powers Act (50 U.S.C. 1705) is amended by 15
adding at the end the following: 16
‘‘(d) S
TATUTE OFLIMITATIONS.— 17
‘‘(1) T
IME FOR COMMENCING PROCEEDINGS .— 18
‘‘(A) I
N GENERAL.—An action, suit, or 19
proceeding for the enforcement of any civil fine, 20
penalty, or forfeiture, pecuniary or otherwise, 21
under this section shall not be entertained un-22
less commenced within 10 years after the latest 23
date of the violation upon which the civil fine, 24
penalty, or forfeiture is based. 25
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‘‘(B) COMMENCEMENT .—For purposes of 1
this paragraph, the commencement of an ac-2
tion, suit, or proceeding includes the issuance of 3
a pre-penalty notice or finding of violation. 4
‘‘(2) T
IME FOR INDICTMENT .—No person shall 5
be prosecuted, tried, or punished for any offense 6
under subsection (c) unless the indictment is found 7
or the information is instituted within 10 years after 8
the latest date of the violation upon which the in-9
dictment or information is based.’’. 10
(b) T
RADINGWITH THEENEMYACT.—Section 16 11
of the Trading with the Enemy Act (50 U.S.C. 4315) is 12
amended by adding at the end the following: 13
‘‘(d) S
TATUTE OFLIMITATIONS.— 14
‘‘(1) T
IME FOR COMMENCING PROCEEDINGS .— 15
‘‘(A) I
N GENERAL.—An action, suit, or 16
proceeding for the enforcement of any civil fine, 17
penalty, or forfeiture, pecuniary or otherwise, 18
under this section shall not be entertained un-19
less commenced within 10 years after the latest 20
date of the violation upon which the civil fine, 21
penalty, or forfeiture is based. 22
‘‘(B) C
OMMENCEMENT .—For purposes of 23
this paragraph, the commencement of an ac-24
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tion, suit, or proceeding includes the issuance of 1
a pre-penalty notice or finding of violation. 2
‘‘(2) T
IME FOR INDICTMENT .—No person shall 3
be prosecuted, tried, or punished for any offense 4
under subsection (a) unless the indictment is found 5
or the information is instituted within 10 years after 6
the latest date of the violation upon which the in-7
dictment or information is based.’’. 8
SEC. 3112. CLASSIFIED REPORT AND BRIEFING ON STAFF-9
ING OF OFFICE OF FOREIGN ASSETS CON-10
TROL. 11
Not later than 180 days after the date of the enact-12
ment of this Act, the Director of the Office of Foreign 13
Assets Control shall provide to the appropriate congres-14
sional committees a classified report and briefing on the 15
staffing of the Office of Foreign Assets Control, 16
disaggregated by staffing dedicated to each sanctions pro-17
gram and each country or issue. 18
SEC. 3113. REPORT ON DRUG TRANSPORTATION ROUTES 19
AND USE OF VESSELS WITH MISLABELED 20
CARGO. 21
Not later than 180 days after the date of the enact-22
ment of this Act, the Secretary of the Treasury, in con-23
junction with the heads of other relevant Federal agencies, 24
shall provide to the appropriate congressional committees 25
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a classified report and briefing on efforts to target drug 1
transportation routes and modalities, including an assess-2
ment of the prevalence of false cargo labeling and ship-3
ment of precursor chemicals without accurate tracking of 4
the customers purchasing the chemicals. 5
SEC. 3114. REPORT ON ACTIONS OF PEOPLE’S REPUBLIC OF 6
CHINA WITH RESPECT TO PERSONS IN-7
VOLVED IN FENTANYL SUPPLY CHAIN. 8
Not later than 180 days after the date of the enact-9
ment of this Act, the Secretary of the Treasury, in con-10
junction with the heads of other relevant Federal agencies, 11
shall provide to the appropriate congressional committees 12
a classified report and briefing on actions taken by the 13
Government of the People’s Republic of China with respect 14
to persons involved in the shipment of fentanyl, fentanyl 15
analogues, fentanyl precursors, precursors for fentanyl 16
analogues, and equipment for the manufacturing of 17
fentanyl and fentanyl-laced counterfeit pills. 18
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TITLE II—ANTI-MONEY 1
LAUNDERING MATTERS 2
SEC. 3201. DESIGNATION OF ILLICIT FENTANYL TRANS-3
ACTIONS OF SANCTIONED PERSONS AS OF 4
PRIMARY MONEY LAUNDERING CONCERN. 5
(a) I
NGENERAL.—Subtitle A of the Fentanyl Sanc-6
tions Act (21 U.S.C. 2311 et seq.) is amended by inserting 7
after section 7213 the following: 8
‘‘SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANC-9
TIONED PERSONS AS OF PRIMARY MONEY 10
LAUNDERING CONCERN. 11
‘‘(a) I
NGENERAL.—If the Secretary of the Treasury 12
determines that reasonable grounds exist for concluding 13
that 1 or more financial institutions operating outside of 14
the United States, 1 or more classes of transactions with-15
in, or involving, a jurisdiction outside of the United States, 16
or 1 or more types of accounts within, or involving, a juris-17
diction outside of the United States, is of primary money 18
laundering concern in connection with illicit opioid traf-19
ficking, the Secretary of the Treasury may, by order, regu-20
lation, or otherwise as permitted by law— 21
‘‘(1) require domestic financial institutions and 22
domestic financial agencies to take 1 or more of the 23
special measures provided for in section 9714(a)(1) 24
of the National Defense Authorization Act for Fiscal 25
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Year 2021 (Public Law 116–283; 31 U.S.C. 5318A 1
note); or 2
‘‘(2) prohibit, or impose conditions upon, cer-3
tain transmittals of funds (to be defined by the Sec-4
retary) by any domestic financial institution or do-5
mestic financial agency, if such transmittal of funds 6
involves any such institution, class of transaction, or 7
type of accounts. 8
‘‘(b) C
LASSIFIEDINFORMATION.—In any judicial re-9
view of a finding of the existence of a primary money laun-10
dering concern, or of the requirement for 1 or more special 11
measures with respect to a primary money laundering con-12
cern made under this section, if the designation or imposi-13
tion, or both, were based on classified information (as de-14
fined in section 1(a) of the Classified Information Proce-15
dures Act (18 U.S.C. App.)), such information may be 16
submitted by the Secretary to the reviewing court ex parte 17
and in camera. This subsection does not confer or imply 18
any right to judicial review of any finding made or any 19
requirement imposed under this section. 20
‘‘(c) A
VAILABILITY OFINFORMATION.—The exemp-21
tions from, and prohibitions on, search and disclosure re-22
ferred to in section 9714(c) of the National Defense Au-23
thorization Act for Fiscal Year 2021 (Public Law 116– 24
283; 31 U.S.C. 5318A note) shall apply to any report or 25
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record of report filed pursuant to a requirement imposed 1
under subsection (a). For purposes of section 552 of title 2
5, United States Code, this subsection shall be considered 3
a statute described in subsection (b)(3)(B) of such section. 4
‘‘(d) P
ENALTIES.—The penalties referred to in sec-5
tion 9714(d) of the National Defense Authorization Act 6
for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 7
5318A note) shall apply to violations of any order, regula-8
tion, special measure, or other requirement imposed under 9
subsection (a), in the same manner and to the same extent 10
as described in such section 9714(d). 11
‘‘(e) I
NJUNCTIONS.—The Secretary of the Treasury 12
may bring a civil action to enjoin a violation of any order, 13
regulation, special measure, or other requirement imposed 14
under subsection (a) in the same manner and to the same 15
extent as described in section 9714(e) of the National De-16
fense Authorization Act for Fiscal Year 2021 (Public Law 17
116–283; 31 U.S.C. 5318A note).’’. 18
(b) C
LERICALAMENDMENT.—The table of contents 19
for the National Defense Authorization Act for Fiscal 20
Year 2020 (Public Law 116–92) is amended by inserting 21
after the item relating to section 7213 the following: 22
‘‘Sec. 7213A. Designation of transactions of sanctioned persons as of primary
money laundering concern.’’.
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SEC. 3202. TREATMENT OF TRANSNATIONAL CRIMINAL OR-1
GANIZATIONS IN SUSPICIOUS TRANSACTIONS 2
REPORTS OF THE FINANCIAL CRIMES EN-3
FORCEMENT NETWORK. 4
(a) F
ILINGINSTRUCTIONS.—Not later than 180 days 5
after the date of the enactment of this Act, the Director 6
of the Financial Crimes Enforcement Network shall issue 7
guidance or instructions to United States financial institu-8
tions for filing reports on suspicious transactions required 9
under section 1010.320 of title 31, Code of Federal Regu-10
lations, related to suspected fentanyl trafficking by 11
transnational criminal organizations. 12
(b) P
RIORITIZATION OF REPORTSRELATING TO 13
F
ENTANYLTRAFFICKING ORTRANSNATIONALCRIMINAL 14
O
RGANIZATIONS.—The Director shall prioritize research 15
into reports described in subsection (a) that indicate a 16
connection to trafficking of fentanyl or related synthetic 17
opioids or financing of suspected transnational criminal 18
organizations. 19
SEC. 3203. REPORT ON TRADE-BASED MONEY LAUNDERING 20
IN TRADE WITH MEXICO, THE PEOPLE’S RE-21
PUBLIC OF CHINA, AND BURMA. 22
(a) I
NGENERAL.—In the first update to the national 23
strategy for combating the financing of terrorism and re-24
lated forms of illicit finance submitted to Congress after 25
the date of the enactment of this Act, the Secretary of 26
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the Treasury shall include a report on trade-based money 1
laundering originating in Mexico or the People’s Republic 2
of China and involving Burma. 3
(b) D
EFINITION.—In this section, the term ‘‘national 4
strategy for combating the financing of terrorism and re-5
lated forms of illicit finance’’ means the national strategy 6
for combating the financing of terrorism and related forms 7
of illicit finance required under section 261 of the Coun-8
tering America’s Adversaries Through Sanctions Act 9
(Public Law 115–44; 131 Stat. 934), as amended by sec-10
tion 6506 of the National Defense Authorization Act for 11
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2428). 12
TITLE III—EXCEPTION RELAT-13
ING TO IMPORTATION OF 14
GOODS 15
SEC. 3301. EXCEPTION RELATING TO IMPORTATION OF 16
GOODS. 17
(a) I
NGENERAL.—The authority or a requirement 18
to block and prohibit all transactions in all property and 19
interests in property under this division shall not include 20
the authority or a requirement to impose sanctions on the 21
importation of goods. 22
(b) G
OODDEFINED.—In this section, the term 23
‘‘good’’ means any article, natural or manmade substance, 24
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material, supply or manufactured product, including in-1
spection and test equipment, and excluding technical data. 2
DIVISION B—REBUILDING ECO-3
NOMIC PROSPERITY AND OP-4
PORTUNITY FOR UKRAINIANS 5
ACT 6
TITLE I 7
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 8
(a) S
HORTTITLE.—This Act may be cited as the 9
‘‘Rebuilding Economic Prosperity and Opportunity for 10
Ukrainians Act’’ or the ‘‘REPO for Ukrainians Act’’. 11
(b) T
ABLE OFCONTENTS.—The table of contents for 12
this Act is as follows: 13
TITLE I
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE II—REPURPOSING OF RUSSIAN SOVEREIGN ASSETS
Sec. 101. Findings; sense of Congress.
Sec. 102. Sense of Congress regarding importance of the Russian Federation
providing compensation to Ukraine.
Sec. 103. Prohibition on release of blocked Russian sovereign assets.
Sec. 104. Authority to ensure compensation to Ukraine using seized Russian
sovereign assets and Russian aggressor state sovereign assets.
Sec. 105. International mechanism to use Russian sovereign assets and Russian
aggressor state sovereign assets to provide for the reconstruc-
tion of Ukraine.
Sec. 106. Report on use of transferred Russian sovereign assets for reconstruc-
tion.
Sec. 107. Assessment by Secretary of State and Administrator of USAID on
reconstruction and rebuilding needs of Ukraine.
Sec. 108. Extensions.
SEC. 2. DEFINITIONS.
14
In this Act: 15
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(1) RUSSIAN AGGRESSOR STATE .—The term 1
‘‘Russian aggressor state’’ means— 2
(A) the Russian Federation; and 3
(B) Belarus, if the President determines 4
Belarus has engaged in an act of war against 5
Ukraine related to Russia’s ongoing February 6
24, 2022, invasion of Ukraine. 7
(2) R
USSIAN AGGRESSOR STATE SOVEREIGN 8
ASSET.—The term ‘‘Russian aggressor state sov-9
ereign asset’’ means any Russian sovereign assets or 10
any funds or property of another Russian aggressor 11
state determine by the President to be of the same 12
sovereign character as the assets describes in para-13
graph (7). 14
(3) A
PPROPRIATE CONGRESSIONAL COMMIT -15
TEES.—The term ‘‘appropriate congressional com-16
mittees’’ means— 17
(A) the Committee on Foreign Relations 18
and the Committee on Banking, Housing, and 19
Urban Affairs of the Senate; and 20
(B) the Committee on Foreign Affairs and 21
the Committee on Financial Services of the 22
House of Representatives. 23
(4) F
INANCIAL INSTITUTION.—The term ‘‘fi-24
nancial institution’’ means a financial institution 25
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specified in subparagraph (A), (B), (C), (D), (E), 1
(F), (G), (H), (I), (J), (M), or (Z) of section 2
5312(a)(2) of title 31, United States Code. 3
(5) G
7.—The term ‘‘G7’’ means the countries 4
that are member of the informal Group of 7, includ-5
ing Canada, France, Germany, Italy, Japan, the 6
United Kingdom, and the United States. 7
(6) R
USSIAN SOVEREIGN ASSET .—The term 8
‘‘Russian sovereign asset’’ means any of the fol-9
lowing: 10
(A) Funds and other property of— 11
(i) the Central Bank of the Russian 12
Federation; 13
(ii) the Russian National Wealth 14
Fund; or 15
(iii) the Ministry of Finance of the 16
Russian Federation. 17
(B) Any other funds or other property that 18
are owned by the Government of the Russian 19
Federation, including by any subdivision, agen-20
cy, or instrumentality of that government. 21
(7) U
NITED STATES.—The term ‘‘United 22
States’’ means the several States, the District of Co-23
lumbia, the Commonwealth of Puerto Rico, the Com-24
monwealth of the Northern Mariana Islands, Amer-25
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ican Samoa, Guam, the United States Virgin Is-1
lands, and any other territory or possession of the 2
United States. 3
(8) U
NITED STATES FINANCIAL INSTITUTION .— 4
The term ‘‘United States financial institution’’ 5
means a financial institution organized under the 6
laws of the United States or of any jurisdiction with-7
in the United States, including a foreign branch of 8
such an institution. 9
(9) S
EIZE OR SEIZURE.—The term ‘‘seize’’ or 10
‘‘seizure’’ means confiscation of all right, title, and 11
interest whatsoever in a Russian sovereign asset or 12
a Russian aggressor state sovereign asset or affili-13
ated aggressor state sovereign asset and vesting of 14
the same in the United States. 15
TITLE II—REPURPOSING OF 16
RUSSIAN SOVEREIGN ASSETS 17
SEC. 101. FINDINGS; SENSE OF CONGRESS. 18
(a) F
INDINGS.—Congress makes the following find-19
ings: 20
(1) On February 24, 2022, the Government of 21
the Russian Federation violated the sovereignty and 22
territorial integrity of Ukraine by engaging in a pre-23
meditated, second illegal invasion of Ukraine. 24
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(2) The international community has con-1
demned the illegal invasions of Ukraine by the Rus-2
sian Federation, as well as the commission of the 3
crime of aggression, war crimes, crimes against hu-4
manity, and genocide by officials of the Russian 5
Federation, including through the deliberate tar-6
geting of civilians and civilian infrastructure, the 7
forcible transfer of children, and the commission of 8
sexual violence. 9
(3) The leaders of the G7 have called the Rus-10
sian Federation’s ‘‘unprovoked and completely un-11
justified attack on the democratic state of Ukraine’’ 12
a ‘‘serious violation of international law and a grave 13
breach of the United Nations Charter and all com-14
mitments Russia entered in the Helsinki Final Act 15
and the Charter of Paris and its commitments in the 16
Budapest Memorandum’’. 17
(4) On March 2, 2022, the United Nations 18
General Assembly adopted Resolution ES–11/1, enti-19
tled ‘‘Aggression against Ukraine’’, by a vote of 141 20
to 5. That resolution ‘‘deplore[d] in the strongest 21
terms the aggression by the Russian Federation 22
against Ukraine in violation of Article 2(4) of the 23
[United Nations] Charter’’ and demanded that the 24
Russian Federation ‘‘immediately cease its use of 25
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force against Ukraine’’ and ‘‘immediately, completely 1
and unconditionally withdraw all of its military 2
forces from the territory of Ukraine within its inter-3
nationally recognized borders’’. 4
(5) On March 16, 2022, the International 5
Court of Justice issued a provisional measures order 6
requiring the Russian Federation to ‘‘immediately 7
suspend the military operations that it commenced 8
on 24 February 2022 in the territory of Ukraine’’ 9
and, in this regard, observed that ‘‘orders on provi-10
sional measures . . . have binding effect’’. 11
(6) On November 14, 2022, the United Nations 12
General Assembly adopted a resolution— 13
(A) recognizing that the Russian Federa-14
tion has committed a serious breach of the most 15
fundamental norms of international law and its 16
gross and systematic refusal to obey its obliga-17
tions has affected the entire international com-18
munity; 19
(B) recognizing the need for the establish-20
ment, in cooperation with Ukraine, of an inter-21
national mechanism for compensation for finan-22
cially assessable damages caused by the Rus-23
sian Federation’s internationally wrongful acts; 24
and 25
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(C) recommending ‘‘the creation . . . of an 1
international register of damage to serve as a 2
record . . . of evidence and claims information 3
on damage, loss or injury to all natural and 4
legal persons concerned, as well as the State of 5
Ukraine, caused by internationally wrongful 6
acts of the Russian Federation in or against 7
Ukraine . . . .’’. 8
(7) The Russian Federation bears international 9
legal responsibility for its aggression against 10
Ukraine and, under international law, must cease its 11
internationally wrongful acts. Because of this breach 12
of the prohibition on aggression under international 13
law, the United States is legally entitled to take 14
counter measures that are proportionate and aimed 15
at inducing the Russian Federation to comply with 16
its international obligations. 17
(8) Approximately $300,000,000,000 of Rus-18
sian sovereign assets have been immobilized world-19
wide. Only a small fraction of those assets, 1 to 2 20
percent, or between $4,000,000,000 and 21
$5,000,000,000, are reportedly subject to the juris-22
diction of the United States. 23
(9) The vast majority of immobilized Russian 24
sovereign assets, approximately $190,000,000,000, 25
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are reportedly subject to the jurisdiction of Belgium. 1
The Government of Belgium has publicly indicated 2
that any action by that Government regarding those 3
assets would be predicated on support by the G7. 4
(b) S
ENSE OFCONGRESS.—It is the sense of Con-5
gress that, having committed an act of aggression, as rec-6
ognized by the United Nations General Assembly on 7
March 2, 2022, the Russian Federation is to be considered 8
as an aggressor state. The extreme illegal actions taken 9
by the Russian Federation, including an act of aggression, 10
present a unique situation, justifying the establishment of 11
a legal authority for the United States Government and 12
other countries to confiscate Russian sovereign assets in 13
their respective jurisdictions. 14
SEC. 102. SENSE OF CONGRESS REGARDING IMPORTANCE 15
OF THE RUSSIAN FEDERATION PROVIDING 16
COMPENSATION TO UKRAINE. 17
It is the sense of Congress that— 18
(1) the Russian Federation bears responsibility 19
for the financial burden of the reconstruction of 20
Ukraine and for countless other costs associated 21
with the illegal invasion of Ukraine by the Russian 22
Federation that began on February 24, 2022; 23
(2) the most effective ways to provide com-24
pensation for the damages caused by the Russian 25
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Federation’s internationally wrongful acts should be 1
assessed by an international mechanism charged 2
with determining compensation and providing assist-3
ance to Ukraine; 4
(3) at least since November 2022 the Russian 5
Federation has been on notice of its opportunity to 6
comply with its international obligations, including 7
to make full compensation for injury, or, by agree-8
ment with Ukraine, to authorize an international 9
mechanism to resolve issues regarding compensation 10
to Ukraine; 11
(4) the Russian Federation can, by negotiated 12
agreement, participate in any international process 13
to assess the damages caused by the Russian Fed-14
eration’s internationally wrongful acts and make 15
funds available to compensate for these damages, 16
and if it fails to do so, the United States and other 17
countries should explore all avenues for ensuring 18
compensation to Ukraine; 19
(5) the President should lead robust engage-20
ment on all bilateral and multilateral aspects of the 21
response by the United States to acts by the Rus-22
sian Federation that undermine the sovereignty and 23
territorial integrity of Ukraine, including on any pol-24
icy coordination and alignment regarding the 25
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repurposing or ordered transfer of Russian sovereign 1
assets in the context of determining compensation 2
and providing assistance to Ukraine; 3
(6) as part of the robust engagement on bilat-4
eral and multilateral responses to acts by the Rus-5
sian Federation that undermine the sovereignty and 6
territorial integrity of Ukraine, the President should 7
endeavor to facilitate creation of, and United States 8
participation in, an international mechanism regard-9
ing the repurposing or seizure of sovereign assets of 10
the Russian Federation for the benefit of Ukraine. 11
(7) the repurposing of Russian sovereign assets 12
is in the national interests of the United States and 13
consistent with United States and international law; 14
(8) the United States should work with inter-15
national allies and partners on the repurposing of 16
Russian sovereign assets as part of a coordinated, 17
multilateral effort, including with G7 countries and 18
other countries in which Russian sovereign assets 19
are located; and 20
(9) any effort by the United States to con-21
fiscate and repurpose Russian sovereign assets 22
should be undertaken alongside international allies 23
and partners as part of a coordinated, multilateral 24
effort, including with G7 countries, the European 25
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Union, Australia, and other countries in which Rus-1
sian sovereign assets are located. 2
SEC. 103. PROHIBITION ON RELEASE OF BLOCKED RUSSIAN 3
SOVEREIGN ASSETS. 4
(a) I
NGENERAL.—No Russian sovereign asset that 5
is blocked or effectively immobilized by the Department 6
of the Treasury before the date specified in section 104(j) 7
may be released or mobilized, except as otherwise author-8
ized by this Act, until the date on which the President 9
certifies to the appropriate congressional committees 10
that— 11
(1) hostilities between the Russian Federation 12
and Ukraine have ceased; and 13
(2)(A) full compensation has been made to 14
Ukraine for harms resulting from the invasion of 15
Ukraine by the Russian Federation; or 16
(B) the Russian Federation is participating in 17
a bona fide international mechanism that, by agree-18
ment, will discharge the obligations of the Russian 19
Federation to compensate Ukraine for all amounts 20
determined to be owed to Ukraine. 21
(b) N
OTIFICATION.—Not later than 30 days before 22
the release or mobilization of a Russian sovereign asset 23
that is blocked or effectively immobilized by the Depart-24
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ment of the Treasury, the President shall submit to the 1
appropriate congressional committees— 2
(1) a notification of the decision to take the ac-3
tion that releases or mobilizes the asset; and 4
(2) a justification in writing for such decision. 5
(c) J
OINTRESOLUTION OFDISAPPROVAL.— 6
(1) I
N GENERAL.—No Russian sovereign asset 7
that is blocked or effectively immobilized by the De-8
partment of the Treasury may be released or mobi-9
lized if, within 30 days of receipt of the notification 10
and justification required under subsection (b), a 11
joint resolution is enacted into law prohibiting the 12
proposed release or mobilization. 13
(2) E
XPEDITED PROCEDURES .—Any joint reso-14
lution described in paragraph (1) introduced in ei-15
ther House of Congress shall be considered in ac-16
cordance with the provisions of section 601(b) of the 17
International Security Assistance and Arms Export 18
Control Act of 1976 (Public Law 94–329; 90 Stat. 19
765), except that any such resolution shall be sub-20
ject to germane amendments. If such a joint resolu-21
tion should be vetoed by the President, the time for 22
debate in consideration of the veto message on such 23
measure shall be limited to 20 hours in the Senate 24
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and in the House of Representatives shall be deter-1
mined in accordance with the Rules of the House. 2
(d) C
OOPERATION ONPROHIBITION OFRELEASE OF 3
C
ERTAINRUSSIANSOVEREIGN ASSETS.—Notwith-4
standing subsection (a), the President may take such ac-5
tions as may be necessary to seek to obtain an agreement 6
or arrangement to which the Government of Ukraine is 7
party that discharges the Russian Federation from further 8
obligations to compensate Ukraine. 9
SEC. 104. AUTHORITY TO ENSURE COMPENSATION TO 10
UKRAINE USING SEIZED RUSSIAN SOV-11
EREIGN ASSETS AND RUSSIAN AGGRESSOR 12
STATE SOVEREIGN ASSETS. 13
(a) R
EPORTING ONRUSSIANASSETS.— 14
(1) N
OTICE REQUIRED.—Not later than 90 15
days after the date of the enactment of this Act, the 16
President shall, by means of such instructions or 17
regulations as the President may prescribe, require 18
any financial institution at which Russian sovereign 19
assets are located, and that knows or should know 20
of such assets, to provide notice of such assets, in-21
cluding relevant information required under section 22
501.603(b)(ii) of title 31, Code of Federal Regula-23
tions (or successor regulations), to the Secretary of 24
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the Treasury not later than 10 days after detection 1
of such assets. 2
(2) R
EPORT REQUIRED.— 3
(A) I
N GENERAL.—Not later than 180 4
days after the date of the enactment of this 5
Act, and annually thereafter for 3 years, the 6
President shall submit to the appropriate con-7
gressional committees a report detailing the sta-8
tus of Russian sovereign assets with respect to 9
which notice has been provided to the Secretary 10
of the Treasury under paragraph (1). 11
(B) F
ORM.—The report required by sub-12
paragraph (A) shall be submitted in unclassi-13
fied form, but may include a classified annex. 14
(b) S
EIZURE ORTRANSFER OFASSETS.— 15
(1) S
EIZURE OF RUSSIAN AGGRESSOR STATE 16
SOVEREIGN ASSETS.—On and after the date that is 17
30 days after the President submits to the appro-18
priate congressional committees the certification de-19
scribed in subsection (c), the President may seize, 20
confiscate, transfer, or vest any Russian aggressor 21
state sovereign assets, in whole or in part, and in-22
cluding any interest or interests in such assets, sub-23
ject to the jurisdiction of the United States for the 24
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purpose of transferring those funds to the Ukraine 1
Support Fund established under subsection (d). 2
(2) V
ESTING.—For funds confiscated under 3
paragraph (1), all right, title, and interest shall vest 4
in the United States Government, provided that no 5
use of those funds other than the use of those funds 6
consistent with subsection (f). 7
(3) L
IQUIDATION AND DEPOSIT .—The Presi-8
dent shall— 9
(A) deposit any funds seized, transferred, 10
or confiscated under paragraph (1) into the 11
Ukraine Support Fund established under sub-12
section (d); 13
(B) liquidate or sell any other property 14
seized, transferred, or confiscated under para-15
graph (1) and deposit the funds resulting from 16
such liquidation or sale into the Ukraine Sup-17
port Fund; and 18
(C) make all such funds available for the 19
purposes described in subsection (f). 20
(4) M
ETHOD OF SEIZURE, TRANSFER, OR CON-21
FISCATION.—The President may seize, transfer, con-22
fiscate or vest Russian aggressor state sovereign as-23
sets under paragraph (1) through instructions or li-24
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censes or in such other manner as the President de-1
termines appropriate. 2
(c) C
ERTIFICATION.—The certification described in 3
this subsection, with respect to Russian aggressor state 4
sovereign assets, is a certification that— 5
(1) seizing, confiscating, transferring, or vesting 6
Russian aggressor state sovereign assets for the ben-7
efit of Ukraine is in the national interests of the 8
United States; 9
(2) the President has meaningfully coordinated 10
with G7 leaders to take multilateral action with re-11
gard to any seizure, confiscation, vesting, or transfer 12
of Russian sovereign assets for the benefit of 13
Ukraine; and 14
(3) either— 15
(A) the President has received an official 16
and legitimate request from a properly con-17
stituted international mechanism that includes 18
the participation of the Government of Ukraine 19
and the United States and that has been estab-20
lished for the purpose of, or otherwise tasked 21
with, compensating Ukraine for damages aris-22
ing or resulting from the internationally wrong-23
ful acts of the Russian Federation regarding 24
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the repurposing of sovereign assets of the Rus-1
sian Federation; or 2
(B) either— 3
(i) the Russian Federation has not 4
ceased its unlawful aggression against 5
Ukraine; or 6
(ii) the Russian Federation has ceased 7
its unlawful aggression against Ukraine, 8
but— 9
(I) has not provided full com-10
pensation to Ukraine for harms re-11
sulting from the internationally 12
wrongful acts of the Russian Federa-13
tion’s; and 14
(II) is not participating in a bona 15
fide process to provide full compensa-16
tion to Ukraine for harms resulting 17
from Russian aggression. 18
(d) E
STABLISHMENT OF THE UKRAINESUPPORT 19
F
UND.— 20
(1) U
KRAINE SUPPORT FUND .—The President 21
shall establish an account, to be known as the 22
‘‘Ukraine Support Fund’’, to consist of any funds 23
with respect to which a seizure is ordered pursuant 24
to subsection (b). 25
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(2) USE OF FUNDS.—The funds in the accounts 1
established under paragraph (1) shall be available to 2
be used only as specified in subsection (f). 3
(e) R
ULE OFCONSTRUCTION.—Nothing in this sec-4
tion may be construed to provide the President with the 5
authority to seize, transfer, confiscate, or vest title to for-6
eign sovereign assets that are not Russian aggressor state 7
sovereign assets in the United States or transfer any for-8
eign sovereign assets to any recipient for any use other 9
than the uses described in this Act. 10
(f) F
URTHERTRANSFER ANDUSE OFFUNDS.— 11
(1) I
N GENERAL.—Subject to paragraphs (2) 12
and (3), Funds in the Ukraine Support Fund shall 13
be available to the Secretary of State, in consulta-14
tion with the Administrator of the United States 15
Agency for International Development, for the pur-16
pose of providing assistance to Ukraine for the dam-17
age resulting from the unlawful invasion by the Rus-18
sian Federation that began on February 24, 2022. 19
(2) S
PECIFIC PERMISSIBLE USES .—Subject to 20
paragraph (3), the following are permissible uses of 21
the funds in the Ukraine Support Fund pursuant to 22
paragraph (1): 23
(A) Making contributions to an inter-24
national body, fund, or mechanism established 25
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consistent with section 105(a) that is charged 1
with determining and administering compensa-2
tion or providing assistance to Ukraine. 3
(B) Supporting reconstruction, rebuilding, 4
and recovery efforts in Ukraine. 5
(C) Providing economic and humanitarian 6
assistance to the people of Ukraine. 7
(3) N
OTIFICATION.— 8
(A) I
N GENERAL.—The Secretary of State 9
shall notify the appropriate congressional com-10
mittees not fewer than 15 days before providing 11
any funds from the Ukraine Support Fund to 12
any other account for the purposes described in 13
paragraph (1). 14
(B) E
LEMENTS.—A notification under sub-15
paragraph (A) with respect to the transfer of 16
funds to another account pursuant to para-17
graph (1) shall specify— 18
(i) the amount of funds to be pro-19
vided; 20
(ii) the specific purpose for which 21
such funds are provided; and 22
(iii) the recipient of those funds. 23
(g) L
IMITATION ON TRANSFER OF FUNDS.—No 24
funds may be transferred or otherwise expended from the 25
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Ukraine Support Fund pursuant to subsection (f) unless 1
the President certifies to the appropriate congressional 2
committees that— 3
(1) a plan exists to ensure transparency and ac-4
countability for all funds transferred to and from 5
any account receiving the funds; and 6
(2) the President has transmitted the plan re-7
quired under paragraph (1) to the appropriate con-8
gressional committees in writing. 9
(h) J
OINTRESOLUTION OF DISAPPROVAL.—No 10
funds may be transferred pursuant to subsection (f) if, 11
within 15 days of receipt of the notification required under 12
subsection (f)(3), a joint resolution is enacted into law 13
prohibiting such transfer. 14
(i) R
EPORT.—Not later than 90 days after the date 15
of the enactment of this Act, and not less frequently than 16
every 180 days thereafter, the President shall submit to 17
the appropriate congressional committees a report that in-18
cludes the following: 19
(1) An accounting of funds in the Ukraine Sup-20
port Fund. 21
(2) Any information regarding the disposition 22
of funds in any account to which funds have been 23
transferred pursuant to subsection (f) that has been 24
transmitted to the President by the institution hous-25
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ing said account during the period covered by the re-1
port. 2
(3) A description of United States multilateral 3
and bilateral diplomatic engagement with allies and 4
partners of the United States that also have immo-5
bilized Russian sovereign assets to compensate for 6
damages caused by the Russian Federation’s inter-7
nationally wrongful acts during the period covered 8
by the report. 9
(4) An outline of steps taken to carry out the 10
establishment of the international mechanism de-11
scribed by section 105(a) during the period covered 12
by the report. 13
(j) E
XCEPTION FORUNITEDSTATESOBLIGATIONS 14
U
NDERTREATIES.—The authorities provided by this sec-15
tion may not be exercised in a manner inconsistent with 16
the obligations of the United States under— 17
(1) the Convention on Diplomatic Relations, 18
done at Vienna April 18, 1961, and entered into 19
force April 24, 1964 (23 UST 3227); 20
(2) the Convention on Consular Relations, done 21
at Vienna April 24, 1963, and entered into force on 22
March 19, 1967 (21 UST 77); 23
(3) the Agreement Regarding the Headquarters 24
of the United Nations, signed at Lake Success June 25
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26, 1947, and entered into force November 21, 1947 1
(TIAS 1676); or 2
(4) any other international agreement to which 3
the United States is a state party on the day before 4
the date of the enactment of this Act. 5
(k) J
UDICIALREVIEW.— 6
(1) E
XCLUSIVENESS OF REMEDY .—Notwith-7
standing any other provision of law, any action 8
taken under this section shall not be subject to judi-9
cial review, except as provided in this subsection. 10
(2) L
IMITATIONS FOR FILING CLAIMS .—A claim 11
may only be brought with respect to an action under 12
this section— 13
(A) that alleges that the action will deny 14
rights under the Constitution of the United 15
States; and 16
(B) if the claim is brought not later than 17
60 days after the date of such action. 18
(3) J
URISDICTION.— 19
(A) I
N GENERAL.—A claim under para-20
graph (2) of this subsection shall be barred un-21
less a complaint is filed prior to the expiration 22
of such time limits in the United States District 23
Court for the District of Columbia. 24
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(B) APPEAL.—An appeal of an order of 1
the United States District Court for the Dis-2
trict of Columbia issued pursuant to a claim 3
brought under this subsection shall be taken by 4
a notice of appeal filed with the United States 5
Court of Appeals for the District of Columbia 6
Circuit not later than 10 days after the date on 7
which the order is entered. 8
(C) E
XPEDITED CONSIDERATION .—It shall 9
be the duty of the United States District Court 10
for the District of Columbia and the United 11
States Court of Appeals for the District of Co-12
lumbia Circuit to advance on the docket and to 13
expedite to the greatest possible extent the dis-14
position of any claim brought under this sub-15
section. 16
(l) S
UNSET.—The authorities conferred under this 17
section shall terminate on the earlier of— 18
(1) the date that is 5 years after the date of the 19
enactment of this Act; or 20
(2) the date that is 120 days after the date on 21
which the President determines and certifies to the 22
appropriate congressional committees that— 23
(A) the Russian Federation has reached an 24
agreement relating to the respective withdrawal 25
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of Russian forces and cessation of military hos-1
tilities that is accepted by the free and inde-2
pendent Government of Ukraine; and 3
(B)(i) full compensation has been made to 4
Ukraine for harms resulting from the invasion 5
of Ukraine by the Russian Federation; 6
(ii) the Russian Federation is participating 7
in a bona fide international mechanism that, by 8
agreement, will discharge the obligations of the 9
Russian Federation to compensate Ukraine for 10
all amounts determined to be owed to Ukraine; 11
or 12
(iii) the Russian Federation’s obligation to 13
compensate Ukraine for the damage caused by 14
the Russian Federation’s aggression has been 15
resolved pursuant to an agreement between the 16
Russian Federation and the Government of 17
Ukraine. 18
SEC. 105. INTERNATIONAL MECHANISM TO USE RUSSIAN 19
SOVEREIGN ASSETS AND RUSSIAN AGGRES-20
SOR STATE SOVEREIGN ASSETS TO PROVIDE 21
FOR THE RECONSTRUCTION OF UKRAINE. 22
(a) I
NGENERAL.—The President shall take such ac-23
tions as the President determines appropriate to coordi-24
nate with the G7, the European Union, Australia, and 25
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other partners and allies of the United States regarding 1
the disposition of immobilized Russian aggressor state sov-2
ereign assets, including seeking to establish an inter-3
national mechanism with foreign partners, including 4
Ukraine, the G7, the European Union, Australia, and 5
other partners and allies of the United States, for the pur-6
pose of assisting Ukraine, which may include the establish-7
ment of an international fund to be known as the 8
‘‘Ukraine Compensation Fund’’, that may receive and use 9
assets in the Ukraine Support Fund established under sec-10
tion 104(c) and contributions from foreign partners that 11
have also frozen or seized Russian aggressor state sov-12
ereign assets to assist Ukraine, including by— 13
(1) supporting a register of damage to serve as 14
a record of evidence and for assessment of the finan-15
cially assessable damages to Ukraine resulting from 16
the invasions of Ukraine by the Russian Federation 17
and operations or actions in support thereof; 18
(2) establishing a mechanism to compensate 19
Ukraine for damages caused by Russia’s internation-20
ally wrongful acts connected with the invasions of 21
Ukraine; 22
(3) ensuring distribution of those assets or the 23
proceeds of those assets based on determinations 24
under that mechanism; and 25
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(4) taking such other actions as may be nec-1
essary to carry out this section. 2
(b) A
UTHORIZATION FOR DEPOSIT IN THEUKRAINE 3
C
OMPENSATIONFUND.—Upon the President reaching an 4
agreement or arrangement to establish a common inter-5
national mechanism pursuant to subsection (a) or at any 6
time thereafter, the Secretary of State may, pursuant to 7
the authority conferred by and subject to the limitations 8
described in section 104(f) and subject to the limitations 9
described in subsection (e), transfer funds from the 10
Ukraine Support Fund established under section 104(d) 11
to a fund or mechanism established consistent with sub-12
section (a). 13
(c) N
OTIFICATION.—The President shall notify the 14
appropriate congressional committees not later than 30 15
days after entering into any new bilateral or multilateral 16
agreement or arrangement under subsection (a). 17
(d) G
OODGOVERNANCE.—The Secretary of State, in 18
consultation with the Secretary of the Treasury, shall— 19
(1) seek to ensure that any fund or mechanism 20
established consistent with subsection (a) operates in 21
accordance with established international accounting 22
principles; 23
(2) seek to ensure that any fund or mechanism 24
established consistent with subsection (a) is— 25
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(A) staffed, operated, and administered in 1
accordance with established accounting rules 2
and governance procedures, including providing 3
for payment of reasonable expenses from the 4
fund for the governance and operation of the 5
fund and the tribunal; 6
(B) operated transparently as to all funds 7
transfers, filings, and decisions; and 8
(C) audited on a regular basis by an inde-9
pendent auditor, in accordance with inter-10
nationally accepted accounting and auditing 11
standards; 12
(3) seek to ensure that any audits of any fund 13
or mechanism established consistent with subsection 14
(a) shall be made available to the public; and 15
(4) ensure that any audits of any fund or mech-16
anism established consistent with subsection (a) 17
shall be reviewed and reported on by the Govern-18
ment Accountability Office to the appropriate con-19
gressional committees and the public. 20
(e) L
IMITATION ON TRANSFER OF FUNDS.—No 21
funds may be transferred from the Ukraine Support Fund 22
to a fund or mechanism established consistent with sub-23
section (a) unless the President certifies to the appropriate 24
congressional committees that— 25
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(1) the institution housing the fund or mecha-1
nism has a plan to ensure transparency and ac-2
countability for all funds transferred to and from 3
the fund or mechanism established consistent with 4
subsection (a); and 5
(2) the President has transmitted the plan re-6
quired under paragraph (1) to the appropriate con-7
gressional committees in writing. 8
(f) J
OINTRESOLUTION OFDISAPPROVAL.—No funds 9
may be transferred from the Ukraine Support Fund to 10
a fund or mechanism established consistent with sub-11
section (a) if, within 30 days of receipt of the notification 12
required under subsection (c)(2), a joint resolution is en-13
acted prohibiting the transfer. 14
(g) R
EPORT.—Not later than 90 days after the date 15
of the enactment of this Act, and not less frequently than 16
every 90 days thereafter, the President shall submit to the 17
appropriate congressional committees a report that in-18
cludes the following: 19
(1) An accounting of funds in any fund or 20
mechanism established consistent with subsection 21
(a). 22
(2) Any information regarding the disposition 23
of any such fund or mechanism that has been trans-24
mitted to the President by the institution housing 25
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the fund or mechanism during the period covered by 1
the report. 2
(3) A description of United States multilateral 3
and bilateral diplomatic engagement with allies and 4
partners of the United States that also have immo-5
bilized Russian sovereign assets to allow for com-6
pensation for Ukraine during the period covered by 7
the report. 8
(4) An outline of steps taken to carry out this 9
section during the period covered by the report. 10
SEC. 106. REPORT ON USE OF TRANSFERRED RUSSIAN SOV-11
EREIGN ASSETS FOR RECONSTRUCTION. 12
Not later than 90 days after the date of the enact-13
ment of this Act, and every 180 days thereafter, the Sec-14
retary of State, in consultation with the Secretary of the 15
Treasury, shall submit to the appropriate congressional 16
committees a report that contains— 17
(1) the amount and source of Russian sovereign 18
assets seized, transferred, or confiscated pursuant to 19
section 104(b); 20
(2) the amount and source of funds deposited 21
into the Ukraine Support Fund under section 22
104(b)(3); and 23
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(3) a detailed description and accounting of 1
how such funds were used to meet the purposes de-2
scribed in section 104(f). 3
SEC. 107. ASSESSMENT BY SECRETARY OF STATE AND AD-4
MINISTRATOR OF USAID ON RECONSTRUC-5
TION AND REBUILDING NEEDS OF UKRAINE. 6
(a) I
NGENERAL.—Not later than 180 days after the 7
date of the enactment of this Act, the Secretary of State, 8
in consultation with the Administrator of the United 9
States Agency for International Development, shall submit 10
to the appropriate congressional committees an assess-11
ment of the most pressing needs of Ukraine for recon-12
struction, rebuilding, and humanitarian aid. 13
(b) E
LEMENTS.—The assessment required by sub-14
section (a) shall include the following: 15
(1) An estimate of the rebuilding and recon-16
struction needs of Ukraine, as of the date of the as-17
sessment, resulting from the unlawful invasion of 18
Ukraine by the Russian Federation, including— 19
(A) a description of the sources and meth-20
ods for the estimate; and 21
(B) an identification of the locations or re-22
gions in Ukraine with the most pressing needs. 23
(2) An estimate of the humanitarian needs, as 24
of the date of the assessment, of the people of 25
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Ukraine, including Ukrainians residing inside the 1
internationally recognized borders of Ukraine or out-2
side those borders, resulting from the unlawful inva-3
sion of Ukraine by the Russian Federation. 4
(3) An assessment of the extent to which the 5
needs described in paragraphs (1) and (2) have been 6
met or funded, by any source, as of the date of the 7
assessment. 8
(4) A plan to engage in robust multilateral and 9
bilateral diplomacy to ensure that allies and partners 10
of the United States, particularly in the European 11
Union as Ukraine seeks accession to the European 12
Union, increase their commitment to Ukraine’s re-13
construction. 14
(5) An identification of which such needs 15
should be prioritized, including any assessment or 16
request by the Government of Ukraine with respect 17
to the prioritization of such needs. 18
SEC. 108. EXTENSIONS. 19
Section 5(a) of the Elie Wiesel Genocide and Atroc-20
ities Prevention Act of 2018 (Public Law 115–441; 132 21
Stat. 5587) is amended, in the matter preceding para-22
graph (1), by striking ‘‘six years’’ and inserting ‘‘12 23
years’’. 24
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DIVISION C—OTHER MATTERS 1
SEC. 1. REPORT AND IMPOSITION OF SANCTIONS TO HAR-2
MONIZE WITH ALLIED SANCTIONS. 3
(a) R
EPORTREQUIRED.—Not later than 90 days 4
after the date of the enactment of this Act, the President 5
shall submit to the Committee on Foreign Affairs of the 6
House of Representatives and the Committee on Foreign 7
Relations of the Senate a report identifying— 8
(1) each foreign person currently subject to— 9
(A) sanctions issued by the European 10
Union pursuant to European Union Council 11
Regulation No. 269/2014 of 17 March, 2014, 12
as amended; or 13
(B) sanctions issued by the United King-14
dom pursuant to the Russia (Sanctions) (EU 15
Exit) Regulations 2019, as amended; and 16
(2) each such foreign person that also meets 17
the criteria for imposition of sanctions by the United 18
States pursuant to— 19
(A) the Global Magnitsky Human Rights 20
Accountability Act of 2016 (22 U.S.C. 10101 et 21
seq.); 22
(B) Executive Order 14024 (50 U.S.C. 23
1701 note, relating to blocking property with 24
respect to specified harmful foreign activities of 25
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the Government of the Russian Federation), as 1
amended; 2
(C) Executive Order 14068 (50 U.S.C. 3
1701 note, relating to prohibiting certain im-4
ports, exports, and new investment with respect 5
to continued Russian Federation aggression), as 6
amended; or 7
(D) Executive Order 14071 (50 U.S.C. 8
1701 note, relating to prohibiting new invest-9
ment in and certain services to the Russian 10
Federation in response to continued Russian 11
Federation aggression), as amended. 12
(b) I
MPOSITION OFSANCTIONS.—The President shall 13
impose the sanctions authorized by the applicable provi-14
sion of law listed in subsection (a)(2) with respect to each 15
foreign person identified in the report required under sub-16
section (a)(1) who is not already subject to sanctions 17
under United States law pursuant to one or more statu-18
tory sanctions authorities as of the date of the submission 19
of such report. 20
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DIVISION D—PROTECTING 1
AMERICANS FROM FOREIGN 2
ADVERSARY CONTROLLED 3
APPLICATIONS ACT 4
SEC. 1. SHORT TITLE. 5
This division may be cited as the ‘‘Protecting Ameri-6
cans from Foreign Adversary Controlled Applications 7
Act’’. 8
SEC. 2. PROHIBITION OF FOREIGN ADVERSARY CON-9
TROLLED APPLICATIONS. 10
(a) I
NGENERAL.— 11
(1) P
ROHIBITION OF FOREIGN ADVERSARY CON -12
TROLLED APPLICATIONS .—It shall be unlawful for 13
an entity to distribute, maintain, or update (or en-14
able the distribution, maintenance, or updating of) a 15
foreign adversary controlled application by carrying 16
out, within the land or maritime borders of the 17
United States, any of the following: 18
(A) Providing services to distribute, main-19
tain, or update such foreign adversary con-20
trolled application (including any source code of 21
such application) by means of a marketplace 22
(including an online mobile application store) 23
through which users within the land or mari-24
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time borders of the United States may access, 1
maintain, or update such application. 2
(B) Providing internet hosting services to 3
enable the distribution, maintenance, or updat-4
ing of such foreign adversary controlled applica-5
tion for users within the land or maritime bor-6
ders of the United States. 7
(2) A
PPLICABILITY.—Subject to paragraph (3), 8
this subsection shall apply— 9
(A) in the case of an application that satis-10
fies the definition of a foreign adversary con-11
trolled application pursuant to subsection 12
(g)(3)(A), beginning on the date that is 270 13
days after the date of the enactment of this 14
Act; and 15
(B) in the case of an application that satis-16
fies the definition of a foreign adversary con-17
trolled application pursuant to subsection 18
(g)(3)(B), beginning on the date that is 270 19
days after the date of the relevant determina-20
tion of the President under such subsection. 21
(3) E
XTENSION.—With respect to a foreign ad-22
versary controlled application, the President may 23
grant a 1-time extension of not more than 90 days 24
with respect to the date on which this subsection 25
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would otherwise apply to such application pursuant 1
to paragraph (2), if the President certifies to Con-2
gress that— 3
(A) a path to executing a qualified divesti-4
ture has been identified with respect to such 5
application; 6
(B) evidence of significant progress toward 7
executing such qualified divestiture has been 8
produced with respect to such application; and 9
(C) there are in place the relevant binding 10
legal agreements to enable execution of such 11
qualified divestiture during the period of such 12
extension. 13
(b) D
ATA ANDINFORMATIONPORTABILITY TOAL-14
TERNATIVEAPPLICATIONS.—Before the date on which a 15
prohibition under subsection (a) applies to a foreign adver-16
sary controlled application, the entity that owns or con-17
trols such application shall provide, upon request by a user 18
of such application within the land or maritime borders 19
of United States, to such user all the available data related 20
to the account of such user with respect to such applica-21
tion. Such data shall be provided in a machine readable 22
format and shall include any data maintained by such ap-23
plication with respect to the account of such user, includ-24
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ing content (including posts, photos, and videos) and all 1
other account information. 2
(c) E
XEMPTIONS.— 3
(1) E
XEMPTIONS FOR QUALIFIED 4
DIVESTITURES.—Subsection (a)— 5
(A) does not apply to a foreign adversary 6
controlled application with respect to which a 7
qualified divestiture is executed before the date 8
on which a prohibition under subsection (a) 9
would begin to apply to such application; and 10
(B) shall cease to apply in the case of a 11
foreign adversary controlled application with re-12
spect to which a qualified divestiture is exe-13
cuted after the date on which a prohibition 14
under subsection (a) applies to such application. 15
(2) E
XEMPTIONS FOR CERTAIN NECESSARY 16
SERVICES.—Subsections (a) and (b) do not apply to 17
services provided with respect to a foreign adversary 18
controlled application that are necessary for an enti-19
ty to attain compliance with such subsections. 20
(d) E
NFORCEMENT.— 21
(1) C
IVIL PENALTIES.— 22
(A) F
OREIGN ADVERSARY CONTROLLED 23
APPLICATION VIOLATIONS.—An entity that vio-24
lates subsection (a) shall be subject to pay a 25
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civil penalty in an amount not to exceed the 1
amount that results from multiplying $5,000 by 2
the number of users within the land or mari-3
time borders of the United States determined to 4
have accessed, maintained, or updated a foreign 5
adversary controlled application as a result of 6
such violation. 7
(B) D
ATA AND INFORMATION VIOLA -8
TIONS.—An entity that violates subsection (b) 9
shall be subject to pay a civil penalty in an 10
amount not to exceed the amount that results 11
from multiplying $500 by the number of users 12
within the land or maritime borders of the 13
United States affected by such violation. 14
(2) A
CTIONS BY ATTORNEY GENERAL .—The At-15
torney General— 16
(A) shall conduct investigations related to 17
potential violations of subsection (a) or (b), 18
and, if such an investigation results in a deter-19
mination that a violation has occurred, the At-20
torney General shall pursue enforcement under 21
paragraph (1); and 22
(B) may bring an action in an appropriate 23
district court of the United States for appro-24
priate relief, including civil penalties under 25
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paragraph (1) or declaratory and injunctive re-1
lief. 2
(e) S
EVERABILITY.— 3
(1) I
N GENERAL.—If any provision of this sec-4
tion or the application of this section to any person 5
or circumstance is held invalid, the invalidity shall 6
not affect the other provisions or applications of this 7
section that can be given effect without the invalid 8
provision or application. 9
(2) S
UBSEQUENT DETERMINATIONS .—If the 10
application of any provision of this section is held in-11
valid with respect to a foreign adversary controlled 12
application that satisfies the definition of such term 13
pursuant to subsection (g)(3)(A), such invalidity 14
shall not affect or preclude the application of the 15
same provision of this section to such foreign adver-16
sary controlled application by means of a subsequent 17
determination pursuant to subsection (g)(3)(B). 18
(f) R
ULE OFCONSTRUCTION.—Nothing in this divi-19
sion may be construed— 20
(1) to authorize the Attorney General to pursue 21
enforcement, under this section, other than enforce-22
ment of subsection (a) or (b); 23
(2) to authorize the Attorney General to pursue 24
enforcement, under this section, against an indi-25
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vidual user of a foreign adversary controlled applica-1
tion; or 2
(3) except as expressly provided herein, to alter 3
or affect any other authority provided by or estab-4
lished under another provision of Federal law. 5
(g) D
EFINITIONS.—In this section: 6
(1) C
ONTROLLED BY A FOREIGN ADVERSARY .— 7
The term ‘‘controlled by a foreign adversary’’ means, 8
with respect to a covered company or other entity, 9
that such company or other entity is— 10
(A) a foreign person that is domiciled in, 11
is headquartered in, has its principal place of 12
business in, or is organized under the laws of 13
a foreign adversary country; 14
(B) an entity with respect to which a for-15
eign person or combination of foreign persons 16
described in subparagraph (A) directly or indi-17
rectly own at least a 20 percent stake; or 18
(C) a person subject to the direction or 19
control of a foreign person or entity described 20
in subparagraph (A) or (B). 21
(2) C
OVERED COMPANY.— 22
(A) I
N GENERAL.—The term ‘‘covered 23
company’’ means an entity that operates, di-24
rectly or indirectly (including through a parent 25
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company, subsidiary, or affiliate), a website, 1
desktop application, mobile application, or aug-2
mented or immersive technology application 3
that— 4
(i) permits a user to create an ac-5
count or profile to generate, share, and 6
view text, images, videos, real-time commu-7
nications, or similar content; 8
(ii) has more than 1,000,000 monthly 9
active users with respect to at least 2 of 10
the 3 months preceding the date on which 11
a relevant determination of the President 12
is made pursuant to paragraph (3)(B); 13
(iii) enables 1 or more users to gen-14
erate or distribute content that can be 15
viewed by other users of the website, desk-16
top application, mobile application, or aug-17
mented or immersive technology applica-18
tion; and 19
(iv) enables 1 or more users to view 20
content generated by other users of the 21
website, desktop application, mobile appli-22
cation, or augmented or immersive tech-23
nology application. 24
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(B) EXCLUSION.—The term ‘‘covered com-1
pany’’ does not include an entity that operates 2
a website, desktop application, mobile applica-3
tion, or augmented or immersive technology ap-4
plication whose primary purpose is to allow 5
users to post product reviews, business reviews, 6
or travel information and reviews. 7
(3) F
OREIGN ADVERSARY CONTROLLED APPLI -8
CATION.—The term ‘‘foreign adversary controlled 9
application’’ means a website, desktop application, 10
mobile application, or augmented or immersive tech-11
nology application that is operated, directly or indi-12
rectly (including through a parent company, sub-13
sidiary, or affiliate), by— 14
(A) any of— 15
(i) ByteDance, Ltd.; 16
(ii) TikTok; 17
(iii) a subsidiary of or a successor to 18
an entity identified in clause (i) or (ii) that 19
is controlled by a foreign adversary; or 20
(iv) an entity owned or controlled, di-21
rectly or indirectly, by an entity identified 22
in clause (i), (ii), or (iii); or 23
(B) a covered company that— 24
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(i) is controlled by a foreign adver-1
sary; and 2
(ii) that is determined by the Presi-3
dent to present a significant threat to the 4
national security of the United States fol-5
lowing the issuance of— 6
(I) a public notice proposing such 7
determination; and 8
(II) a public report to Congress, 9
submitted not less than 30 days be-10
fore such determination, describing 11
the specific national security concern 12
involved and containing a classified 13
annex and a description of what as-14
sets would need to be divested to exe-15
cute a qualified divestiture. 16
(4) F
OREIGN ADVERSARY COUNTRY .—The term 17
‘‘foreign adversary country’’ means a country speci-18
fied in section 4872(d)(2) of title 10, United States 19
Code. 20
(5) I
NTERNET HOSTING SERVICE .—The term 21
‘‘internet hosting service’’ means a service through 22
which storage and computing resources are provided 23
to an individual or organization for the accommoda-24
tion and maintenance of 1 or more websites or on-25
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line services, and which may include file hosting, do-1
main name server hosting, cloud hosting, and virtual 2
private server hosting. 3
(6) Q
UALIFIED DIVESTITURE .—The term 4
‘‘qualified divestiture’’ means a divestiture or similar 5
transaction that— 6
(A) the President determines, through an 7
interagency process, would result in the relevant 8
foreign adversary controlled application no 9
longer being controlled by a foreign adversary; 10
and 11
(B) the President determines, through an 12
interagency process, precludes the establish-13
ment or maintenance of any operational rela-14
tionship between the United States operations 15
of the relevant foreign adversary controlled ap-16
plication and any formerly affiliated entities 17
that are controlled by a foreign adversary, in-18
cluding any cooperation with respect to the op-19
eration of a content recommendation algorithm 20
or an agreement with respect to data sharing. 21
(7) S
OURCE CODE.—The term ‘‘source code’’ 22
means the combination of text and other characters 23
comprising the content, both viewable and 24
nonviewable, of a software application, including any 25
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publishing language, programming language, pro-1
tocol, or functional content, as well as any successor 2
languages or protocols. 3
(8) U
NITED STATES.—The term ‘‘United 4
States’’ includes the territories of the United States. 5
SEC. 3. JUDICIAL REVIEW. 6
(a) R
IGHT OFACTION.—A petition for review chal-7
lenging this division or any action, finding, or determina-8
tion under this division may be filed only in the United 9
States Court of Appeals for the District of Columbia Cir-10
cuit. 11
(b) E
XCLUSIVEJURISDICTION.—The United States 12
Court of Appeals for the District of Columbia Circuit shall 13
have exclusive jurisdiction over any challenge to this divi-14
sion or any action, finding, or determination under this 15
division. 16
(c) S
TATUTE OFLIMITATIONS.—A challenge may 17
only be brought— 18
(1) in the case of a challenge to this division, 19
not later than 165 days after the date of the enact-20
ment of this Act; and 21
(2) in the case of a challenge to any action, 22
finding, or determination under this division, not 23
later than 90 days after the date of such action, 24
finding, or determination. 25
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DIVISION E—PROTECTING 1
AMERICANS’ DATA FROM 2
FOREIGN ADVERSARIES ACT 3
OF 2024 4
SEC. 1. SHORT TITLE. 5
This division may be cited as the ‘‘Protecting Ameri-6
cans’ Data from Foreign Adversaries Act of 2024’’. 7
SEC. 2. PROHIBITION ON TRANSFER OF PERSONALLY IDEN-8
TIFIABLE SENSITIVE DATA OF UNITED 9
STATES INDIVIDUALS TO FOREIGN ADVER-10
SARIES. 11
(a) P
ROHIBITION.—It shall be unlawful for a data 12
broker to sell, license, rent, trade, transfer, release, dis-13
close, provide access to, or otherwise make available per-14
sonally identifiable sensitive data of a United States indi-15
vidual to— 16
(1) any foreign adversary country; or 17
(2) any entity that is controlled by a foreign ad-18
versary. 19
(b) E
NFORCEMENT BY FEDERALTRADECOMMIS-20
SION.— 21
(1) U
NFAIR OR DECEPTIVE ACTS OR PRAC -22
TICES.—A violation of this section shall be treated 23
as a violation of a rule defining an unfair or a de-24
ceptive act or practice under section 18(a)(1)(B) of 25
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the Federal Trade Commission Act (15 U.S.C. 1
57a(a)(1)(B)). 2
(2) P
OWERS OF COMMISSION .— 3
(A) I
N GENERAL.—The Commission shall 4
enforce this section in the same manner, by the 5
same means, and with the same jurisdiction, 6
powers, and duties as though all applicable 7
terms and provisions of the Federal Trade 8
Commission Act (15 U.S.C. 41 et seq.) were in-9
corporated into and made a part of this section. 10
(B) P
RIVILEGES AND IMMUNITIES .—Any 11
person who violates this section shall be subject 12
to the penalties and entitled to the privileges 13
and immunities provided in the Federal Trade 14
Commission Act. 15
(3) A
UTHORITY PRESERVED .—Nothing in this 16
section may be construed to limit the authority of 17
the Commission under any other provision of law. 18
(c) D
EFINITIONS.—In this section: 19
(1) C
OMMISSION.—The term ‘‘Commission’’ 20
means the Federal Trade Commission. 21
(2) C
ONTROLLED BY A FOREIGN ADVERSARY .— 22
The term ‘‘controlled by a foreign adversary’’ means, 23
with respect to an individual or entity, that such in-24
dividual or entity is— 25
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(A) a foreign person that is domiciled in, 1
is headquartered in, has its principal place of 2
business in, or is organized under the laws of 3
a foreign adversary country; 4
(B) an entity with respect to which a for-5
eign person or combination of foreign persons 6
described in subparagraph (A) directly or indi-7
rectly own at least a 20 percent stake; or 8
(C) a person subject to the direction or 9
control of a foreign person or entity described 10
in subparagraph (A) or (B). 11
(3) D
ATA BROKER.— 12
(A) I
N GENERAL .—The term ‘‘data 13
broker’’ means an entity that, for valuable con-14
sideration, sells, licenses, rents, trades, trans-15
fers, releases, discloses, provides access to, or 16
otherwise makes available data of United States 17
individuals that the entity did not collect di-18
rectly from such individuals to another entity 19
that is not acting as a service provider. 20
(B) E
XCLUSION.—The term ‘‘data broker’’ 21
does not include an entity to the extent such 22
entity— 23
(i) is transmitting data of a United 24
States individual, including communica-25
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tions of such an individual, at the request 1
or direction of such individual; 2
(ii) is providing, maintaining, or offer-3
ing a product or service with respect to 4
which personally identifiable sensitive data, 5
or access to such data, is not the product 6
or service; 7
(iii) is reporting or publishing news or 8
information that concerns local, national, 9
or international events or other matters of 10
public interest; 11
(iv) is reporting, publishing, or other-12
wise making available news or information 13
that is available to the general public— 14
(I) including information from— 15
(aa) a book, magazine, tele-16
phone book, or online directory; 17
(bb) a motion picture; 18
(cc) a television, internet, or 19
radio program; 20
(dd) the news media; or 21
(ee) an internet site that is 22
available to the general public on 23
an unrestricted basis; and 24
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(II) not including an obscene vis-1
ual depiction (as such term is used in 2
section 1460 of title 18, United States 3
Code); or 4
(v) is acting as a service provider. 5
(4) F
OREIGN ADVERSARY COUNTRY .—The term 6
‘‘foreign adversary country’’ means a country speci-7
fied in section 4872(d)(2) of title 10, United States 8
Code. 9
(5) P
ERSONALLY IDENTIFIABLE SENSITIVE 10
DATA.—The term ‘‘personally identifiable sensitive 11
data’’ means any sensitive data that identifies or is 12
linked or reasonably linkable, alone or in combina-13
tion with other data, to an individual or a device 14
that identifies or is linked or reasonably linkable to 15
an individual. 16
(6) P
RECISE GEOLOCATION INFORMATION .— 17
The term ‘‘precise geolocation information’’ means 18
information that— 19
(A) is derived from a device or technology 20
of an individual; and 21
(B) reveals the past or present physical lo-22
cation of an individual or device that identifies 23
or is linked or reasonably linkable to 1 or more 24
individuals, with sufficient precision to identify 25
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street level location information of an individual 1
or device or the location of an individual or de-2
vice within a range of 1,850 feet or less. 3
(7) S
ENSITIVE DATA.—The term ‘‘sensitive 4
data’’ includes the following: 5
(A) A government-issued identifier, such as 6
a Social Security number, passport number, or 7
driver’s license number. 8
(B) Any information that describes or re-9
veals the past, present, or future physical 10
health, mental health, disability, diagnosis, or 11
healthcare condition or treatment of an indi-12
vidual. 13
(C) A financial account number, debit card 14
number, credit card number, or information 15
that describes or reveals the income level or 16
bank account balances of an individual. 17
(D) Biometric information. 18
(E) Genetic information. 19
(F) Precise geolocation information. 20
(G) An individual’s private communica-21
tions such as voicemails, emails, texts, direct 22
messages, mail, voice communications, and 23
video communications, or information identi-24
fying the parties to such communications or 25
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pertaining to the transmission of such commu-1
nications, including telephone numbers called, 2
telephone numbers from which calls were 3
placed, the time calls were made, call duration, 4
and location information of the parties to the 5
call. 6
(H) Account or device log-in credentials, or 7
security or access codes for an account or de-8
vice. 9
(I) Information identifying the sexual be-10
havior of an individual. 11
(J) Calendar information, address book in-12
formation, phone or text logs, photos, audio re-13
cordings, or videos, maintained for private use 14
by an individual, regardless of whether such in-15
formation is stored on the individual’s device or 16
is accessible from that device and is backed up 17
in a separate location. 18
(K) A photograph, film, video recording, or 19
other similar medium that shows the naked or 20
undergarment-clad private area of an indi-21
vidual. 22
(L) Information revealing the video con-23
tent requested or selected by an individual. 24
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(M) Information about an individual under 1
the age of 17. 2
(N) An individual’s race, color, ethnicity, 3
or religion. 4
(O) Information identifying an individual’s 5
online activities over time and across websites 6
or online services. 7
(P) Information that reveals the status of 8
an individual as a member of the Armed 9
Forces. 10
(Q) Any other data that a data broker 11
sells, licenses, rents, trades, transfers, releases, 12
discloses, provides access to, or otherwise makes 13
available to a foreign adversary country, or en-14
tity that is controlled by a foreign adversary, 15
for the purpose of identifying the types of data 16
listed in subparagraphs (A) through (P). 17
(8) S
ERVICE PROVIDER.—The term ‘‘service 18
provider’’ means an entity that— 19
(A) collects, processes, or transfers data on 20
behalf of, and at the direction of— 21
(i) an individual or entity that is not 22
a foreign adversary country or controlled 23
by a foreign adversary; or 24
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(ii) a Federal, State, Tribal, terri-1
torial, or local government entity; and 2
(B) receives data from or on behalf of an 3
individual or entity described in subparagraph 4
(A)(i) or a Federal, State, Tribal, territorial, or 5
local government entity. 6
(9) U
NITED STATES INDIVIDUAL .—The term 7
‘‘United States individual’’ means a natural person 8
residing in the United States. 9
(d) E
FFECTIVEDATE.—This section shall take effect 10
on the date that is 60 days after the date of the enactment 11
of this Act. 12
DIVISION F—SHIP ACT 13
SEC. 1. SHORT TITLE. 14
This division may be cited as the ‘‘Stop Harboring 15
Iranian Petroleum Act’’ or the ‘‘SHIP Act’’. 16
SEC. 2. STATEMENT OF POLICY. 17
It is the policy of the United States— 18
(1) to deny Iran the ability to engage in desta-19
bilizing activities, support international terrorism, 20
fund the development and acquisition of weapons of 21
mass destruction and the means to deliver such 22
weapons by limiting export of petroleum and petro-23
leum products by Iran; 24
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(2) to deny Iran funds to oppress and commit 1
human rights violations against the Iranian people 2
assembling to peacefully redress the Iranian regime; 3
(3) to fully enforce sanctions against those enti-4
ties which provide support to the Iranian energy sec-5
tor; and 6
(4) to counter Iran’s actions to finance and fa-7
cilitate the participation of foreign terrorist organi-8
zations in ongoing conflicts and illicit activities due 9
to the threat such actions pose to the vital national 10
interests of the United States. 11
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO IRA-12
NIAN PETROLEUM. 13
(a) I
NGENERAL.—On and after the date that is 180 14
days after the date of the enactment of this Act, and ex-15
cept as provided in subsection (e)(2), the President shall 16
impose the sanctions described in subsection (c) with re-17
spect to each foreign person that the President determines 18
knowingly engaged, on or after such date of enactment, 19
in an activity described in subsection (b). 20
(b) A
CTIVITIESDESCRIBED.—A foreign person en-21
gages in an activity described in this subsection if the for-22
eign person— 23
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(1) owns or operates a foreign port at which, on 1
or after the date of the enactment of this Act, such 2
person knowingly permits to dock a vessel— 3
(A) that is included on the list of specially 4
designated nationals and blocked persons main-5
tained by the Office of Foreign Assets Control 6
of the Department of the Treasury for trans-7
porting Iranian crude oil or petroleum products; 8
or 9
(B) of which the operator or owner of such 10
vessel otherwise knowingly engages in a signifi-11
cant transaction involving such vessel to trans-12
port, offload, or deal in significant transactions 13
in condensate, refined, or unrefined petroleum 14
products, or other petrochemical products origi-15
nating from the Islamic Republic of Iran; 16
(2) owns or operates a vessel through which 17
such owner knowingly conducts a ship to ship trans-18
fer involving a significant transaction of any petro-19
leum product originating from the Islamic Republic 20
of Iran; 21
(3) owns or operates a refinery through which 22
such owner knowingly engages in a significant trans-23
action to process, refine, or otherwise deal in any pe-24
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troleum product originating from the Islamic Repub-1
lic of Iran; 2
(4) is a covered family member of a foreign per-3
son described in paragraph (1), (2), or (3); or 4
(5) is owned or controlled by a foreign person 5
described in paragraph (1), (2), or (3), and know-6
ingly engages in an activity described in paragraph 7
(1), (2), or (3). 8
(c) S
ANCTIONSDESCRIBED.—The sanctions de-9
scribed in this subsection with respect to a foreign person 10
described in subsection (a) are the following: 11
(1) S
ANCTIONS ON FOREIGN VESSELS .—Subject 12
to such regulations as the President may prescribe, 13
the President may prohibit a vessel described in sub-14
section (b)(1)(A) or (b)(1)(B) from landing at any 15
port in the United States— 16
(A) with respect to a vessel described in 17
subsection (b)(1)(A), for a period of not more 18
than 2 years beginning on the date on which 19
the President imposes sanctions with respect to 20
a related foreign port described in subsection 21
(b)(1)(A); and 22
(B) with respect to a vessel described in 23
subsection (b)(1)(B), for a period of not more 24
than 2 years. 25
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(2) BLOCKING OF PROPERTY .—The President 1
shall exercise all of the powers granted to the Presi-2
dent under the International Emergency Economic 3
Powers Act (50 U.S.C. 1701 et seq.) to the extent 4
necessary to block and prohibit all transactions in 5
property and interests in property of the foreign per-6
son if such property and interests in property are in 7
the United States, come within the United States, or 8
are or come within the possession or control of a 9
United States person. 10
(3) I
NELIGIBILITY FOR VISAS, ADMISSION, OR 11
PAROLE.— 12
(A) V
ISAS, ADMISSION, OR PAROLE.—An 13
alien described in subsection (a) is— 14
(i) inadmissible to the United States; 15
(ii) ineligible to receive a visa or other 16
documentation to enter the United States; 17
and 18
(iii) otherwise ineligible to be admitted 19
or paroled into the United States or to re-20
ceive any other benefit under the Immigra-21
tion and Nationality Act (8 U.S.C. 1101 et 22
seq.). 23
(B) C
URRENT VISAS REVOKED .— 24
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(i) IN GENERAL.—An alien described 1
in subsection (a) is subject to revocation of 2
any visa or other entry documentation re-3
gardless of when the visa or other entry 4
documentation is or was issued. 5
(ii) I
MMEDIATE EFFECT .—A revoca-6
tion under clause (i) shall take effect im-7
mediately and automatically cancel any 8
other valid visa or entry documentation 9
that is in the alien’s possession. 10
(C) E
XCEPTIONS.—Sanctions under this 11
paragraph shall not apply with respect to an 12
alien if admitting or paroling the alien into the 13
United States is necessary— 14
(i) to permit the United States to 15
comply with the Agreement regarding the 16
Headquarters of the United Nations, 17
signed at Lake Success June 26, 1947, 18
and entered into force November 21, 1947, 19
between the United Nations and the 20
United States, or other applicable inter-21
national obligations; or 22
(ii) to carry out or assist law enforce-23
ment activity in the United States. 24
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(4) PENALTIES.—The penalties provided for in 1
subsections (b) and (c) of section 206 of the Inter-2
national Emergency Economic Powers Act (50 3
U.S.C. 1705) shall apply to a person that violates, 4
attempts to violate, conspires to violate, or causes a 5
violation of this section or any regulations promul-6
gated to carry out this section to the same extent 7
that such penalties apply to a person that commits 8
an unlawful act described in section 206(a) of that 9
Act. 10
(d) R
ULES OFCONSTRUCTION.— 11
(1) For purposes of determinations under sub-12
section (a) that a foreign person engaged in activi-13
ties described in subsection (b), a foreign person 14
shall not be determined to know that petroleum or 15
petroleum products originated from Iran if such per-16
son relied on a certificate of origin or other docu-17
mentation confirming that the origin of the petro-18
leum or petroleum products was a country other 19
than Iran, unless such person knew or had reason 20
to know that such documentation was falsified. 21
(2) Nothing in this division shall be construed 22
to affect the availability of any existing authorities 23
to issue waivers, exceptions, exemptions, licenses, or 24
other authorization. 25
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(e) IMPLEMENTATION; REGULATIONS.— 1
(1) I
N GENERAL.—The President may exercise 2
all authorities under sections 203 and 205 of the 3
International Emergency Economic Powers Act (50 4
U.S.C. 1702 and 1704) for purposes of carrying out 5
this section. 6
(2) D
EADLINE FOR REGULATIONS .—Not later 7
than 180 days after the date of the enactment of 8
this Act, the President shall prescribe such regula-9
tions as may be necessary for the implementation of 10
this division. 11
(3) N
OTIFICATION TO CONGRESS .—Not later 12
than 10 days before the prescription of regulations 13
under paragraph (2), the President shall brief and 14
provide written notification to the appropriate con-15
gressional committees regarding— 16
(A) the proposed regulations; and 17
(B) the specific provisions of this division 18
that the regulations are implementing. 19
(f) E
XCEPTION FORHUMANITARIANASSISTANCE.— 20
(1) I
N GENERAL.—Sanctions under this section 21
shall not apply to— 22
(A) the conduct or facilitation of a trans-23
action for the provision of agricultural commod-24
ities, food, medicine, medical devices, or human-25
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•HR 8038 IH
itarian assistance, or for humanitarian pur-1
poses; or 2
(B) transactions that are necessary for or 3
related to the activities described in subpara-4
graph (A). 5
(2) D
EFINITIONS.—In this subsection: 6
(A) A
GRICULTURAL COMMODITY .—The 7
term ‘‘agricultural commodity’’ has the meaning 8
given that term in section 102 of the Agricul-9
tural Trade Act of 1978 (7 U.S.C. 5602). 10
(B) M
EDICAL DEVICE.—The term ‘‘med-11
ical device’’ has the meaning given the term 12
‘‘device’’ in section 201 of the Federal Food, 13
Drug, and Cosmetic Act (21 U.S.C. 321). 14
(C) M
EDICINE.—The term ‘‘medicine’’ has 15
the meaning given the term ‘‘drug’’ in section 16
201 of the Federal Food, Drug, and Cosmetic 17
Act (21 U.S.C. 321). 18
(g) E
XCEPTION FOR SAFETY OF VESSELS AND 19
C
REW.—Sanctions under this section shall not apply with 20
respect to a person providing provisions to a vessel other-21
wise subject to sanctions under this section if such provi-22
sions are intended for the safety and care of the crew 23
aboard the vessel, the protection of human life aboard the 24
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•HR 8038 IH
vessel, or the maintenance of the vessel to avoid any envi-1
ronmental or other significant damage. 2
(h) W
AIVER.— 3
(1) I
N GENERAL.—The President may, on a 4
case-by-case basis and for periods not to exceed 180 5
days each, waive the application of sanctions im-6
posed with respect to a foreign person under this 7
section if the President certifies to the appropriate 8
congressional committees, not later than 15 days 9
after such waiver is to take effect, that the waiver 10
is vital to the national interests of the United States. 11
(2) S
PECIAL RULE.—The President shall not be 12
required to impose sanctions under this section with 13
respect to a foreign person described in subsection 14
(a) if the President certifies in writing to the appro-15
priate congressional committees that the foreign per-16
son— 17
(A) is no longer engaging in activities de-18
scribed in subsection (b); or 19
(B) has taken and is continuing to take 20
significant, verifiable steps toward permanently 21
terminating such activities. 22
(i) T
ERMINATION.—The authorities provided by this 23
section shall cease to have effect on and after the date 24
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that is 30 days after the date on which the President cer-1
tifies to the appropriate congressional committees that— 2
(1) the Government of Iran no longer repeat-3
edly provides support for international terrorism as 4
determined by the Secretary of State pursuant to— 5
(A) section 1754(c)(1)(A) of the Export 6
Control Reform Act of 2018 (50 U.S.C. 7
4318(c)(1)(A)); 8
(B) section 620A of the Foreign Assistance 9
Act of 1961 (22 U.S.C. 2371); 10
(C) section 40 of the Arms Export Control 11
Act (22 U.S.C. 2780); or 12
(D) any other provision of law; and 13
(2) Iran has ceased the pursuit, acquisition, 14
and development of, and verifiably dismantled, its 15
nuclear, biological, and chemical weapons, ballistic 16
missiles, and ballistic missile launch technology. 17
SEC. 4. REPORT ON IRANIAN PETROLEUM AND PETRO-18
LEUM PRODUCTS EXPORTS. 19
(a) I
NGENERAL.—Not later than 120 days after the 20
date of enactment of this Act, and annually thereafter 21
until the date described in subsection (d), the Adminis-22
trator of the Energy Information Administration shall 23
submit to the appropriate congressional committees a re-24
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port describing Iran’s growing exports of petroleum and 1
petroleum products, that includes the following: 2
(1) An analysis of Iran’s exports and sale of pe-3
troleum and petroleum products, including— 4
(A) an estimate of Iran’s petroleum export 5
and sale revenue per year since 2018; 6
(B) an estimate of Iran’s petroleum export 7
and sale revenue to China per year since 2018; 8
(C) the amount of petroleum and crude oil 9
barrels exported per year since 2018; 10
(D) the amount of petroleum and crude oil 11
barrels exported to China per year since 2018; 12
(E) the amount of petroleum and crude oil 13
barrels exported to countries other than China 14
per year since 2018; 15
(F) the average price per petroleum and 16
crude oil barrel exported per year since 2018; 17
and 18
(G) the average price per petroleum and 19
crude oil barrel exported to China per year 20
since 2018. 21
(2) An analysis of Iran’s labeling practices of 22
exported petroleum and petroleum products. 23
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(3) A description of companies involved in the 1
exporting and sale of Iranian petroleum and petro-2
leum products. 3
(4) A description of ships involved in the ex-4
porting and sale of Iranian petroleum and petroleum 5
products. 6
(5) A description of ports involved in the ex-7
porting and sale of Iranian petroleum and petroleum 8
products. 9
(b) F
ORM.—The report required by subsection (a) 10
shall be submitted in unclassified form but may include 11
a classified annex. 12
(c) P
UBLICATION.—The unclassified portion of the 13
report required by subsection (a) shall be posted on a pub-14
licly available website of the Energy Information Adminis-15
tration. 16
(d) T
ERMINATION.—The requirement to submit re-17
ports under this section shall be terminated on the date 18
on which the President makes the certification described 19
in section 3(f). 20
SEC. 5. STRATEGY TO COUNTER ROLE OF THE PEOPLE’S 21
REPUBLIC OF CHINA IN EVASION OF SANC-22
TIONS WITH RESPECT TO IRAN. 23
(a) I
NGENERAL.—Not later than 120 days after the 24
date of the enactment of this Act, the Secretary of State, 25
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in consultation with the heads of other appropriate Fed-1
eral agencies, shall submit to the appropriate congres-2
sional committees a written strategy, and provide to those 3
committees an accompanying briefing, on the role of the 4
People’s Republic of China in evasion of sanctions imposed 5
by the United States with respect to Iranian-origin petro-6
leum products that includes an assessment of options— 7
(1) to strengthen the enforcement of such sanc-8
tions; and 9
(2) to expand sanctions designations targeting 10
the involvement of the People’s Republic of China in 11
the production, transportation, storage, refining, and 12
sale of Iranian-origin petroleum products. 13
(b) E
LEMENTS.—The strategy required by subsection 14
(a) shall include— 15
(1) a description and assessment of the use of 16
sanctions in effect before the date of the enactment 17
of this Act to target individuals and entities of the 18
People’s Republic of China that are directly or indi-19
rectly associated with smuggling of Iranian-origin 20
petroleum products; 21
(2) an assessment of— 22
(A) Iranian-owned entities operating in the 23
People’s Republic of China and involved in pe-24
troleum refining supply chains; 25
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(B) the People’s Republic of China’s role 1
in global petroleum refining supply chains; 2
(C) how the People’s Republic of China 3
leverages its role in global petroleum supply 4
chains to achieve political objectives; 5
(D) the People’s Republic of China’s petro-6
leum importing and exporting partners; 7
(E) what percent of the People’s Republic 8
of China’s energy consumption is linked to ille-9
gally imported Iranian-origin petroleum prod-10
ucts; and 11
(F) what level of influence the Chinese 12
Communist Party holds over non-state, semi- 13
independent ‘‘teapot’’ refineries; 14
(3) a detailed plan for— 15
(A) monitoring the maritime domain for 16
sanctionable activity related to smuggling of 17
Iranian-origin petroleum products; 18
(B) identifying the individuals, entities, 19
and vessels engaging in sanctionable activity re-20
lated to Iranian-origin petroleum products, in-21
cluding— 22
(i) vessels— 23
(I) transporting petrochemicals 24
subject to sanctions; 25
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(II) conducting ship-to-ship 1
transfers of such petrochemicals; 2
(III) with deactivated automatic 3
identification systems; or 4
(IV) that engage in ‘‘flag hop-5
ping’’ by changing national registries; 6
(ii) individuals or entities— 7
(I) storing petrochemicals subject 8
to sanctions; or 9
(II) refining or otherwise proc-10
essing such petrochemicals; and 11
(iii) through the use of port entry and 12
docking permission of vessels subject to 13
sanctions; 14
(C) deterring individuals and entities from 15
violating sanctions by educating and engag-16
ing— 17
(i) insurance providers; 18
(ii) parent companies; and 19
(iii) vessel operators; 20
(D) collaborating with allies and partners 21
of the United States engaged in the Arabian 22
Peninsula, including through standing or new 23
maritime task forces, to build sanctions enforce-24
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•HR 8038 IH
ment capacity through assistance and training 1
to defense and law enforcement services; and 2
(E) using public communications and glob-3
al diplomatic engagements to highlight the role 4
of illicit petroleum product smuggling in bol-5
stering Iran’s support for terrorism and its nu-6
clear program; and 7
(4) an assessment of— 8
(A) the total number of vessels smuggling 9
Iranian-origin petroleum products; 10
(B) the total number of vessels smuggling 11
such petroleum products destined for the Peo-12
ple’s Republic of China; 13
(C) the number of vessels smuggling such 14
petroleum products specifically from the Islamic 15
Revolutionary Guard Corps; 16
(D) interference by the People’s Republic 17
of China with attempts by the United States to 18
investigate or enforce sanctions on illicit Ira-19
nian petroleum product exports; 20
(E) the effectiveness of the use of sanc-21
tions with respect to insurers of entities that 22
own or operate vessels involved in smuggling 23
Iranian-origin petroleum products; 24
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(F) the personnel and resources needed to 1
enforce sanctions with respect to Iranian-origin 2
petroleum products; and 3
(G) the impact of smuggled illicit Iranian- 4
origin petroleum products on global energy 5
markets. 6
(c) F
ORM.—The strategy required by subsection (a) 7
shall be submitted in unclassified form, but may include 8
a classified index. 9
SEC. 6. DEFINITIONS. 10
In this division: 11
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -12
TEES.—The term ‘‘appropriate congressional com-13
mittees’’ means— 14
(A) the Committee on Foreign Affairs, the 15
Committee on the Judiciary, and the Com-16
mittee on Financial Services of the House of 17
Representatives; and 18
(B) the Committee on Foreign Relations, 19
the Committee on the Judiciary, and the Com-20
mittee on Banking, Housing, and Urban Affairs 21
of the Senate. 22
(2) C
OVERED FAMILY MEMBER .—The term 23
‘‘covered family member’’, with respect to a foreign 24
person who is an individual, means a spouse, adult 25
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child, parent, or sibling of the person who engages 1
in the sanctionable activity described under section 2
3 or who demonstrably benefits from such activity. 3
DIVISION G—FIGHT CRIME ACT 4
SEC. 1. SHORT TITLE. 5
This division may be cited as the ‘‘Fight and Combat 6
Rampant Iranian Missile Exports Act’’ or the ‘‘Fight 7
CRIME Act’’. 8
SEC. 2. FINDINGS. 9
Congress makes the following findings: 10
(1) Annex B to United Nations Security Coun-11
cil Resolution 2231 (2015) restricts certain missile- 12
related activities and transfers to and from Iran, in-13
cluding all items, materials, equipment, goods, and 14
technology set out in the Missile Technology Control 15
Regime Annex, absent advance, case-by-case ap-16
proval from the United Nations Security Council. 17
(2) Iran has transferred Shahed and Mohajer 18
drones, covered under the Missile Technology Con-19
trol Regime Annex, to the Russian Federation, the 20
Government of Ethiopia, and other Iran-aligned en-21
tities, including the Houthis in Yemen and militia 22
units in Iraq, without prior authorization from the 23
United Nations Security Council, in violation of the 24
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•HR 8038 IH
restrictions set forth in Annex B to United Nations 1
Security Council Resolution 2231. 2
(3) Certain missile-related restrictions in Annex 3
B to United Nations Security Council Resolution 4
2231 expired in October 2023, removing inter-5
national legal restrictions on missile-related activities 6
and transfers to and from Iran. 7
SEC. 3. STATEMENT OF POLICY. 8
It is the policy of the United States— 9
(1) to urgently seek the extension of missile-re-10
lated restrictions set forth in Annex B to United Na-11
tions Security Council Resolution 2231 (2015); 12
(2) to use all available authorities to constrain 13
Iran’s domestic ballistic missile production capabili-14
ties; 15
(3) to combat and deter the transfer of conven-16
tional and non-conventional arms, equipment, mate-17
rial, and technology to, or from Iran, or involving 18
the Government of Iran; and 19
(4) to ensure countries, individuals, and entities 20
engaged in, or attempting to engage in, the acquisi-21
tion, facilitation, or development of arms and related 22
components and technology subject to restrictions 23
under Annex B to United Nations Security Council 24
Resolution 2231 are held to account under United 25
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States and international law, including through the 1
application and enforcement of sanctions and use of 2
export controls, regardless of whether the restric-3
tions under Annex B to United Nations Security 4
Council Resolution 2231 remain in effect following 5
their anticipated expiration in October 2023. 6
SEC. 4. REPORT. 7
(a) I
NGENERAL.—Not later than 90 days after the 8
date of the enactment of this Act, and annually thereafter 9
for two years, the Secretary of State, in coordination with 10
the heads of other appropriate Federal agencies, shall sub-11
mit to the appropriate congressional committees an un-12
classified report, with a classified annex if necessary, that 13
includes the following: 14
(1) A diplomatic strategy to secure the renewal 15
of international restrictions on certain missile-re-16
lated activities, including transfers to and from Iran 17
set forth in Annex B to United Nations Security 18
Council Resolution 2231 (2015). 19
(2) An analysis of how the expiration of missile- 20
related restrictions set forth in Annex B to United 21
Nations Security Council Resolution 2231 impacts 22
the Government of Iran’s arms proliferation and ma-23
lign activities, including as the restrictions relate to 24
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cooperation with, and support for, Iran-aligned enti-1
ties and allied countries. 2
(3) An assessment of the revenue, or in-kind 3
benefits, accrued by the Government of Iran, or 4
Iran-aligned entities, as a result of a lapse in mis-5
sile-related restrictions set forth in Annex B to 6
United Nations Security Council Resolution 2231. 7
(4) A detailed description of a United States 8
strategy to deter, prevent, and disrupt the sale, pur-9
chase, or transfer of covered technology involving 10
Iran absent restrictions pursuant to Annex B to 11
United Nations Security Council Resolution 2231. 12
(5) An identification of any foreign person en-13
gaging in, enabling, or otherwise facilitating any ac-14
tivity involving Iran restricted under Annex B to 15
United Nations Security Council Resolution 2231, 16
regardless of whether such restrictions remain in ef-17
fect after October 2023. 18
(6) A description of actions by the United Na-19
tions and other multilateral organizations, including 20
the European Union, to hold accountable foreign 21
persons that have violated the restrictions set forth 22
in Annex B to United Nations Security Council Res-23
olution 2231, and efforts to prevent further viola-24
tions of such restrictions. 25
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(7) A description of actions by individual mem-1
ber states of the United Nations Security Council to 2
hold accountable foreign persons that have violated 3
restrictions set forth in Annex B to United Nations 4
Security Council Resolution 2231 and efforts to pre-5
vent further violations of such restrictions. 6
(8) A description of actions by the People’s Re-7
public of China, the Russian Federation, or any 8
other country to prevent, interfere with, or under-9
mine efforts to hold accountable foreign persons that 10
have violated the restrictions set forth in Annex B 11
to United Nations Security Council Resolution 2231, 12
including actions to restrict United Nations-led in-13
vestigations into suspected violations of such restric-14
tions, or limit funding to relevant United Nations of-15
fices or experts. 16
(9) An analysis of the foreign and domestic 17
supply chains in Iran that directly or indirectly fa-18
cilitate, support, or otherwise aid the Government of 19
Iran’s drone or missile program, including storage, 20
transportation, or flight-testing of related goods, 21
technology, or components. 22
(10) An identification of any foreign person, or 23
network containing foreign persons, that enables, 24
supports, or otherwise facilitates the operations or 25
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maintenance of any Iranian airline subject to United 1
States sanctions or export control restrictions. 2
(11) An assessment of how the continued oper-3
ation of Iranian airlines subject to United States 4
sanctions or export control restrictions impacts the 5
Government of Iran’s ability to transport or develop 6
arms, including covered technology. 7
(b) S
COPE.—The initial report required by subsection 8
(a) shall address the period beginning on January 1, 2021, 9
and ending on the date that is 90 days after date of the 10
enactment of this Act, and each subsequent report shall 11
address the one-year period following the conclusion of the 12
prior report. 13
SEC. 5. SANCTIONS TO COMBAT THE PROLIFERATION OF 14
IRANIAN MISSILES. 15
(a) I
NGENERAL.—The sanctions described in sub-16
section (b) shall apply to any foreign person the President 17
determines, on or after the date of the enactment of this 18
Act— 19
(1) knowingly engages in any effort to acquire, 20
possess, develop, transport, transfer, or deploy cov-21
ered technology to, from, or involving the Govern-22
ment of Iran or Iran-aligned entities, regardless of 23
whether the restrictions set forth in Annex B to 24
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United Nations Security Council Resolution 2231 1
(2015) remain in effect after October 2023; 2
(2) knowingly provides entities owned or con-3
trolled by the Government of Iran or Iran-aligned 4
entities with goods, technology, parts, or compo-5
nents, that may contribute to the development of 6
covered technology; 7
(3) knowingly participates in joint missile or 8
drone development, including development of covered 9
technology, with the Government of Iran or Iran- 10
aligned entities, including technical training, storage, 11
and transport; 12
(4) knowingly imports, exports, or re-exports to, 13
into, or from Iran, whether directly or indirectly, 14
any significant arms or related materiel prohibited 15
under paragraph (5) or (6) to Annex B of United 16
Nations Security Council Resolution 2231 (2015) as 17
of April 1, 2023; 18
(5) knowingly provides significant financial, ma-19
terial, or technological support to, or knowingly en-20
gages in a significant transaction with, a foreign 21
person subject to sanctions for conduct described in 22
paragraph (1), (2), (3), or (4); or 23
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(6) is an adult family member of a person sub-1
ject to sanctions for conduct described in paragraph 2
(1), (2), (3), or (4). 3
(b) S
ANCTIONSDESCRIBED.—The sanctions de-4
scribed in this subsection are the following: 5
(1) B
LOCKING OF PROPERTY .—The President 6
shall exercise all authorities granted under the Inter-7
national Emergency Economic Powers Act (50 8
U.S.C. 1701 et seq.) to the extent necessary to block 9
and prohibit all transactions in property and inter-10
ests in property of the foreign person if such prop-11
erty and interests in property are in the United 12
States, come within the United States, or come with-13
in the possession or control of a United States per-14
son. 15
(2) I
NELIGIBILITY FOR VISAS, ADMISSION, OR 16
PAROLE.— 17
(A) V
ISAS, ADMISSION, OR PAROLE.—An 18
alien described in subsection (a) shall be— 19
(i) inadmissible to the United States; 20
(ii) ineligible to receive a visa or other 21
documentation to enter the United States; 22
and 23
(iii) otherwise ineligible to be admitted 24
or paroled into the United States or to re-25
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ceive any other benefit under the Immigra-1
tion and Nationality Act (8 U.S.C. 1101 et 2
16 seq.). 3
(B) C
URRENT VISAS REVOKED .— 4
(i) I
N GENERAL.—The visa or other 5
entry documentation of any alien described 6
in subsection (a) is subject to revocation 7
regardless of the issue date of the visa or 8
other entry documentation. 9
(ii) I
MMEDIATE EFFECT .—A revoca-10
tion under clause (i) shall, in accordance 11
with section 221(i) of the Immigration and 12
Nationality Act (8 U.S.C. 1201(i))— 13
(I) take effect immediately; and 14
(II) cancel any other valid visa or 15
entry documentation that is in the 16
possession of the alien. 17
(c) P
ENALTIES.—Any person that violates, or at-18
tempts to violate, subsection (b) or any regulation, license, 19
or order issued pursuant to that subsection, shall be sub-20
ject to the penalties set forth in subsections (b) and (c) 21
of section 206 of the International Economic Powers Act 22
(50 U.S.C. 1705) to the same extent as a person that com-23
mits an unlawful act described in subsection (a) of that 24
section. 25
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(d) WAIVER.—The President may waive the applica-1
tion of sanctions under this section with respect to a for-2
eign person for renewable periods not to exceed 180 days 3
only if, not later than 15 days after the date on which 4
the waiver is to take effect, the President submits to the 5
appropriate congressional committees a written deter-6
mination and justification that the waiver is in the vital 7
national security interests of the United States. 8
(e) I
MPLEMENTATION.—The President may exercise 9
all authorities provided under sections 203 and 205 of the 10
International Emergency Economic Powers Act (50 11
U.S.C. 1702 and 1704) to carry out any amendments 12
made by this section. 13
(f) R
EGULATIONS.— 14
(1) I
N GENERAL.—The President shall, not 15
later than 120 days after the date of the enactment 16
of this Act, promulgate regulations as necessary for 17
the implementation of this division and the amend-18
ments made by this division. 19
(2) N
OTIFICATION TO CONGRESS .—Not less 20
than 10 days before the promulgation of regulations 21
under subsection (a), the President shall notify the 22
appropriate congressional committees of the pro-23
posed regulations and the provisions of this division 24
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and the amendments made by this division that the 1
regulations are implementing. 2
(g) E
XCEPTIONS.— 3
(1) E
XCEPTION FOR INTELLIGENCE ACTIVI -4
TIES.—Sanctions under this section shall not apply 5
to any activity subject to the reporting requirements 6
under title V of the National Security Act of 1947 7
(50 U.S.C. 3091 et seq.) or any authorized intel-8
ligence activities of the United States. 9
(2) E
XCEPTION TO COMPLY WITH INTER -10
NATIONAL OBLIGATIONS AND FOR LAW ENFORCE -11
MENT ACTIVITIES.—Sanctions under this section 12
shall not apply with respect to an alien if admitting 13
or paroling the alien into the United States is nec-14
essary— 15
(A) to permit the United States to comply 16
with the Agreement regarding the Head-17
quarters of the United Nations, signed at Lake 18
Success June 26, 1947, and entered into force 19
November 21, 1947, between the United Na-20
tions and the United States, or other applicable 21
international obligations; or 22
(B) to carry out or assist authorized law 23
enforcement activity in the United States. 24
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(h) TERMINATION OF SANCTIONS.—This section 1
shall cease to be effective beginning on the date that is 2
30 days after the date on which the President certifies 3
to the appropriate congressional committees that— 4
(1) the Government of Iran no longer repeat-5
edly provides support for international terrorism as 6
determined by the Secretary of State pursuant to— 7
(A) section 1754(c)(1)(A) of the Export 8
Control Reform Act of 2018 (50 U.S.C. 9
4318(c)(1)(A)); 10
(B) section 620A of the Foreign Assistance 11
Act of 1961 (22 U.S.C. 2371); 12
(C) section 40 of the Arms Export Control 13
Act (22 U.S.C. 2780); or 14
(D) any other provision of law; and 15
(2) Iran has ceased the pursuit, acquisition, 16
and development of, and verifiably dismantled its, 17
nuclear, biological, and chemical weapons and bal-18
listic missiles and ballistic missile launch technology. 19
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SEC. 6. REPORT TO IDENTIFY, AND DESIGNATION AS FOR-1
EIGN TERRORIST ORGANIZATIONS OF, IRA-2
NIAN PERSONS THAT HAVE ATTACKED 3
UNITED STATES CITIZENS USING UNMANNED 4
COMBAT AERIAL VEHICLES. 5
(a) I
NGENERAL.—Not later than 90 days after the 6
date of the enactment of this Act, and every 180 days 7
thereafter, the Secretary of State shall submit to the ap-8
propriate congressional committees a report that identi-9
fies, for the period specified in subsection (b), any Iranian 10
person that has attacked a United States citizen using an 11
unmanned combat aerial vehicle, as defined for the pur-12
pose of the United Nations Register of Conventional 13
Arms. 14
(b) P
ERIODSPECIFIED.—The period specified in this 15
subsection is— 16
(1) for the initial report, the period— 17
(A) beginning on October 27, 2023; and 18
(B) ending on the date such report is sub-19
mitted; and 20
(2) for the second or a subsequent report, the 21
period— 22
(A) beginning on the date the preceding 23
report was submitted; and 24
(B) ending on the date such second or sub-25
sequent report is submitted. 26
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(c) DESIGNATION OF PERSONS ASFOREIGNTER-1
RORISTORGANIZATIONS.— 2
(1) I
N GENERAL.—The President shall des-3
ignate any person identified in a report submitted 4
under subsection (a) as a foreign terrorist organiza-5
tion under section 219 of the Immigration and Nat-6
uralization Act (8 U.S.C. 1189). 7
(2) R
EVOCATION.—The President may not re-8
voke a designation made under paragraph (1) until 9
the date that is 4 years after the date of such des-10
ignation. 11
(d) W
AIVER.—The Secretary of State may waive the 12
requirements of this section upon a determination and cer-13
tification to the appropriate congressional committees that 14
such a waiver is in the vital national security interests of 15
the United States. 16
(e) S
UNSET.—This section shall terminate on the 17
date that is 4 years after the date of the enactment of 18
this Act. 19
(f) I
RANIANPERSONDEFINED.—In this section, the 20
term ‘‘Iranian person’’— 21
(1) means an entity organized under the laws 22
of Iran or otherwise subject to the jurisdiction of the 23
Government of Iran; and 24
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•HR 8038 IH
(2) includes the Islamic Revolutionary Guard 1
Corps. 2
SEC. 7. DEFINITIONS. 3
In this division: 4
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -5
TEES.—The term ‘‘appropriate congressional com-6
mittees’’ means— 7
(A) the Committee on Foreign Affairs, the 8
Committee on Financial Services, and the Com-9
mittee on the Judiciary of the House of Rep-10
resentatives; and 11
(B) the Committee on Foreign Relations, 12
the Committee on the Judiciary, and the Com-13
mittee on Banking, Housing, and Urban Affairs 14
of the Senate. 15
(2) F
OREIGN PERSON.—The term ‘‘foreign per-16
son’’— 17
(A) means an individual or entity that is 18
not a United States person; and 19
(B) includes a foreign state (as such term 20
is defined in section 1603 of title 28, United 21
States Code). 22
(3) G
OVERNMENT OF IRAN .—The term ‘‘Gov-23
ernment of Iran’’ has the meaning given such term 24
in section 560.304 of title 31, Code of Federal Reg-25
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ulations, as such section was in effect on January 1, 1
2021. 2
(4) U
NITED STATES PERSON .—The terms 3
‘‘United States person’’ means— 4
(A) a United States citizen; 5
(B) a permanent resident alien of the 6
United States; 7
(C) an entity organized under the laws of 8
the United States or of any jurisdiction within 9
the United States, including a foreign branch of 10
such an entity; or 11
(D) a person in the United States. 12
(5) I
RAN-ALIGNED ENTITY.—The term ‘‘Iran- 13
aligned entity’’ means a foreign person that— 14
(A) is controlled or significantly influenced 15
by the Government of Iran; and 16
(B) knowingly receives material or finan-17
cial support from the Government of Iran, in-18
cluding Hezbollah, the Houthis, or any other 19
proxy group that furthers Iran’s national secu-20
rity objectives. 21
(6) C
OVERED TECHNOLOGY .—The term ‘‘cov-22
ered technology’’ means— 23
(A) any goods, technology, software, or re-24
lated material specified in the Missile Tech-25
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•HR 8038 IH
nology Control Regime Annex, as in effect on 1
the day before the date of the enactment of this 2
Act; and 3
(B) any additional goods, technology, soft-4
ware, or related material added to the Missile 5
Technology Control Regime Annex after the 6
day before the date of the enactment of this 7
Act. 8
(7) F
AMILY MEMBER.—The term ‘‘family mem-9
ber’’ means— 10
(A) a child, grandchild, parent, grand-11
parent, sibling, or spouse; and 12
(B) any spouse, widow, or widower of an 13
individual described in subparagraph (A). 14
(8) K
NOWINGLY.—The term ‘‘knowingly’’ has 15
the meaning given that term in section 14 of the 16
Iran Sanctions Act of 1996 (50 U.S.C. 1701 note). 17
(9) M
ISSILE TECHNOLOGY CONTROL REGIME .— 18
The term ‘‘Missile Technology Control Regime’’ 19
means the policy statement, between the United 20
States, the United Kingdom, the Federal Republic of 21
Germany, France, Italy, Canada, and Japan, an-22
nounced on April 16, 1987, to restrict sensitive mis-23
sile-relevant transfers based on the Missile Tech-24
nology Control Regime Annex, and any amendments 25
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•HR 8038 IH
thereto or expansions thereof, as in effect on the day 1
before the date of the enactment of this Act. 2
(10) M
ISSILE TECHNOLOGY CONTROL REGIME 3
ANNEX.—The term ‘‘Missile Technology Control Re-4
gime Annex’’ means the Guidelines and Equipment 5
and Technology Annex of the Missile Technology 6
Control Regime, and any amendments thereto or up-7
dates thereof, as in effect on the day before the date 8
of the enactment of this Act. 9
DIVISION H—MAHSA ACT 10
SEC. 1. SHORT TITLE. 11
This Act may be cited as the ‘‘Mahsa Amini Human 12
rights and Security Accountability Act’’ or the ‘‘MAHSA 13
Act’’. 14
SEC. 2. IMPOSITION OF SANCTIONS ON IRAN’S SUPREME 15
LEADER’S OFFICE, ITS APPOINTEES, AND ANY 16
AFFILIATED PERSONS. 17
(a) F
INDINGS.—Congress finds the following: 18
(1) The Supreme Leader is an institution of the 19
Islamic Republic of Iran. 20
(2) The Supreme Leader holds ultimate author-21
ity over Iran’s judiciary and security apparatus, in-22
cluding the Ministry of Intelligence and Security, 23
law enforcement forces under the Interior Ministry, 24
the Islamic Revolutionary Guard Corps (IRGC), and 25
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•HR 8038 IH
the Basij, a nationwide volunteer paramilitary group 1
subordinate to the IRGC, all of which have engaged 2
in human rights abuses in Iran. Additionally the 3
IRGC, a United States designated Foreign Terrorist 4
Organization, which reports to the Supreme Leader, 5
continues to perpetrate terrorism around the globe, 6
including attempts to kill and kidnap American citi-7
zens on United States soil. 8
(3) The Supreme Leader appoints the head of 9
Iran’s judiciary. International observers continue to 10
criticize the lack of independence of Iran’s judicial 11
system and maintained that trials disregarded inter-12
national standards of fairness. 13
(4) The revolutionary courts, created by Iran’s 14
former Supreme Leader Ruhollah Khomeini, within 15
Iran’s judiciary, are chiefly responsible for hearing 16
cases of political offenses, operate in parallel to 17
Iran’s criminal justice system and routinely hold 18
grossly unfair trials without due process, handing 19
down predetermined verdicts and rubberstamping 20
executions for political purpose. 21
(5) The Iranian security and law enforcement 22
forces engage in serious human rights abuse at the 23
behest of the Supreme Leader. 24
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(6) Iran’s President, Ebrahim Raisi, sits at the 1
helm of the most sanctioned cabinet in Iranian his-2
tory which includes internationally sanctioned rights 3
violators. Raisi has supported the recent crackdown 4
on protestors and is a rights violator himself, having 5
served on a ‘‘death commission’’ in 1988 that led to 6
the execution of several thousand political prisoners 7
in Iran. He most recently served as the head of 8
Iran’s judiciary, a position appointed by Iran’s cur-9
rent Supreme Leader Ali Khamenei, and may likely 10
be a potential candidate to replace Khamenei as 11
Iran’s next Supreme Leader. 12
(7) On September 16, 2022, a 22-year-old 13
woman, Mahsa Amini, died in the detention of the 14
Morality Police after being beaten and detained for 15
allegedly transgressing discriminatory dress codes 16
for women. This tragic incident triggered wide-17
spread, pro-women’s rights, pro-democracy protests 18
across all of Iran’s 31 provinces, calling for the end 19
to Iran’s theocratic regime. 20
(8) In the course of the protests, the Iranian 21
security forces’ violent crackdown includes mass ar-22
rests, well documented beating of protestors, throt-23
tling of the internet and telecommunications serv-24
ices, and shooting protestors with live ammunition. 25
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Iranian security forces have reportedly killed hun-1
dreds of protestors and other civilians, including 2
women and children, and wounded many more. 3
(9) Iran’s Supreme Leader is the leader of the 4
‘‘Axis of Resistance’’, which is a network of 5
Tehran’s terror proxy and partner militias materially 6
supported by the Islamic Revolutionary Guard Corps 7
that targets the United States as well as its allies 8
and partners. 9
(b) S
ENSE OFCONGRESS.—It is the sense of Con-10
gress that— 11
(1) the United States shall stand with and sup-12
port the people of Iran in their demand for funda-13
mental human rights; 14
(2) the United States shall continue to hold the 15
Islamic Republic of Iran, particularly the Supreme 16
Leader and President, accountable for abuses of 17
human rights, corruption, and export of terrorism; 18
and 19
(3) Iran must immediately end its gross viola-20
tions of internationally recognized human rights. 21
(c) I
NGENERAL.— 22
(1) D
ETERMINATION AND REPORT RE -23
QUIRED.—Not later than 90 days after the date of 24
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•HR 8038 IH
the enactment of this Act, and annually thereafter, 1
the President shall— 2
(A) determine whether each foreign person 3
described in subsection (d) meets the criteria 4
for imposition of sanctions under one or more 5
of the sanctions programs and authorities listed 6
in paragraph (2); 7
(B) impose applicable sanctions against 8
any foreign person determined to meet the cri-9
teria for imposition of sanctions pursuant to 10
subparagraph (A) under the sanctions programs 11
and authorities listed in subparagraph (A) or 12
(F) of subsection (c)(2) and pursue applicable 13
sanctions against any foreign person deter-14
mined to meet the criteria for imposition of 15
sanctions pursuant to subparagraph (A) under 16
the sanctions programs and authorities listed in 17
subparagraph (B), (C), (D), or (E) of sub-18
section (c)(2); and 19
(C) submit to the appropriate congres-20
sional committees a report in unclassified form, 21
with a classified annex provided separately if 22
needed, containing— 23
(i) a list of all foreign persons de-24
scribed in subsection (d) that meet the cri-25
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teria for imposition of sanctions under one 1
or more of the sanctions programs and au-2
thorities listed in paragraph (2); and 3
(ii) for each foreign person identified 4
pursuant to clause (i)— 5
(I) a list of each sanctions pro-6
gram or authority listed in paragraph 7
(2) for which the person meets the 8
criteria for imposition of sanctions; 9
(II) a statement which, if any, of 10
the sanctions authorized by any of the 11
sanctions programs and authorities 12
identified pursuant to subclause (I) 13
have been imposed or will be imposed 14
within 30 days of the submission of 15
the report; and 16
(III) with respect to which any of 17
the sanctions authorized by any of the 18
sanctions programs and authorities 19
identified pursuant to subclause (I) 20
have not been imposed and will not be 21
imposed within 30 days of the submis-22
sion of the report, the specific author-23
ity under which otherwise applicable 24
sanctions are being waived, have oth-25
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•HR 8038 IH
erwise been determined not to apply, 1
or are not being imposed and a com-2
plete justification of the decision to 3
waive or otherwise not apply the sanc-4
tions authorized by such sanctions 5
programs and authorities. 6
(2) S
ANCTIONS LISTED.—The sanctions listed 7
in this paragraph are the following: 8
(A) Sanctions described in section 105(c) 9
of the Comprehensive Iran Sanctions, Account-10
ability, and Divestment Act of 2010 (22 U.S.C. 11
8514(c)). 12
(B) Sanctions applicable with respect to a 13
person pursuant to Executive Order 13553 (50 14
U.S.C. 1701 note; relating to blocking property 15
of certain persons with respect to serious 16
human rights abuses by the Government of 17
Iran). 18
(C) Sanctions applicable with respect to a 19
person pursuant to Executive Order 13224 (50 20
U.S.C. 1701 note; relating to blocking property 21
and prohibiting transactions with persons who 22
commit, threaten to commit, or support ter-23
rorism). 24
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•HR 8038 IH
(D) Sanctions applicable with respect to a 1
person pursuant to Executive Order 13818 (re-2
lating to blocking the property of persons in-3
volved in serious human rights abuse or corrup-4
tion). 5
(E) Sanctions applicable with respect to a 6
person pursuant to Executive Order 13876 (re-7
lating to imposing sanctions with respect to 8
Iran). 9
(F) Penalties and visa bans applicable with 10
respect to a person pursuant to section 7031(c) 11
of the Department of State, Foreign Oper-12
ations, and Related Programs Appropriations 13
Act, 2021. 14
(3) F
ORM OF DETERMINATION .—The deter-15
mination required by paragraph (1) shall be pro-16
vided in an unclassified form but may contain a clas-17
sified annex provided separately containing addi-18
tional contextual information pertaining to justifica-19
tion for the issuance of any waiver issued, as de-20
scribed in paragraph (1)(C)(ii). The unclassified por-21
tion of such determination shall be made available 22
on a publicly available internet website of the Fed-23
eral Government. 24
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•HR 8038 IH
(d) FOREIGNPERSONSDESCRIBED.—The foreign 1
persons described in this subsection are the following: 2
(1) The Supreme Leader of Iran and any offi-3
cial in the Office of the Supreme Leader of Iran. 4
(2) The President of Iran and any official in 5
the Office of the President of Iran or the President’s 6
cabinet, including cabinet ministers and executive 7
vice presidents. 8
(3) Any entity, including foundations and eco-9
nomic conglomerates, overseen by the Office of the 10
Supreme Leader of Iran which is complicit in financ-11
ing or resourcing of human rights abuses or support 12
for terrorism. 13
(4) Any official of any entity owned or con-14
trolled by the Supreme Leader of Iran or the Office 15
of the Supreme Leader of Iran. 16
(5) Any person determined by the President— 17
(A) to be a person appointed by the Su-18
preme Leader of Iran, the Office of the Su-19
preme Leader of Iran, the President of Iran, or 20
the Office of the President of Iran to a position 21
as a state official of Iran, or as the head of any 22
entity located in Iran or any entity located out-23
side of Iran that is owned or controlled by one 24
or more entities in Iran; 25
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•HR 8038 IH
(B) to have materially assisted, sponsored, 1
or provided financial, material, or technological 2
support for, or goods or services to or in sup-3
port of any person whose property and interests 4
in property are blocked pursuant to any sanc-5
tions program or authority listed in subsection 6
(c)(2); 7
(C) to be owned or controlled by, or to 8
have acted or purported to act for or on behalf 9
of, directly or indirectly any person whose prop-10
erty and interests in property are blocked pur-11
suant to any sanctions program or authority 12
listed in subsection (c)(2); or 13
(D) to be a member of the board of direc-14
tors or a senior executive officer of any person 15
whose property and interests in property are 16
blocked pursuant to any sanctions program or 17
authority listed in subsection (c)(2). 18
(e) C
ONGRESSIONALOVERSIGHT.— 19
(1) I
N GENERAL.—Not later than 60 days after 20
receiving a request from the chairman and ranking 21
member of one of the appropriate congressional com-22
mittees with respect to whether a foreign person 23
meets the criteria of a person described in sub-24
section (d)(5), the President shall— 25
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(A) determine if the person meets such cri-1
teria; and 2
(B) submit an unclassified report, with a 3
classified annex provided separately if needed, 4
to such chairman and ranking member with re-5
spect to such determination that includes a 6
statement of whether or not the President im-7
posed or intends to impose sanctions with re-8
spect to the person pursuant to any sanctions 9
program or authority listed in subsection (c)(2). 10
(2) A
PPROPRIATE CONGRESSIONAL COMMIT -11
TEES DEFINED.—In this subsection, the term ‘‘ap-12
propriate congressional committees’’ means— 13
(A) the Committee on Foreign Affairs, and 14
the Committee on Financial Services of the 15
House of Representatives; and 16
(B) the Committee on Foreign Relations 17
and the Committee on Banking, Housing, and 18
Urban Affairs of the Senate. 19
SEC. 3. SEVERABILITY. 20
If any provision of this division, or the application 21
of such provision to any person or circumstance, is found 22
to be unconstitutional, the remainder of this division, or 23
the application of that provision to other persons or cir-24
cumstances, shall not be affected. 25
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DIVISION I—HAMAS AND OTHER 1
PALESTINIAN TERRORIST 2
GROUPS INTERNATIONAL FI-3
NANCING PREVENTION ACT 4
SEC. 1. SHORT TITLE. 5
This division may be cited as the ‘‘Hamas and Other 6
Palestinian Terrorist Groups International Financing Pre-7
vention Act’’. 8
SEC. 2. STATEMENT OF POLICY. 9
It shall be the policy of the United States— 10
(1) to prevent Hamas, Palestinian Islamic 11
Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 12
any affiliate or successor thereof from accessing its 13
international support networks; and 14
(2) to oppose Hamas, the Palestinian Islamic 15
Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 16
any affiliate or successor thereof from using goods, 17
including medicine and dual use items, to smuggle 18
weapons and other materials to further acts of ter-19
rorism, including against Israel. 20
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SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR-1
EIGN PERSONS SUPPORTING ACTS OF TER-2
RORISM OR ENGAGING IN SIGNIFICANT 3
TRANSACTIONS WITH SENIOR MEMBERS OF 4
HAMAS, PALESTINIAN ISLAMIC JIHAD AND 5
OTHER PALESTINIAN TERRORIST ORGANIZA-6
TIONS. 7
(a) I
NGENERAL.—Not later than 180 days after the 8
date of enactment of this Act, the President shall impose 9
the sanctions described in subsection (c) with respect to 10
each foreign person that the President determines, on or 11
after the date of the enactment of this Act, engages in 12
an activity described in subsection (b). 13
(b) A
CTIVITIESDESCRIBED.—A foreign person en-14
gages in an activity described in this subsection if the for-15
eign person knowingly— 16
(1) assists in sponsoring or providing signifi-17
cant financial, material, or technological support for, 18
or goods or other services to enable, acts of ter-19
rorism; or 20
(2) engages, directly or indirectly, in a signifi-21
cant transaction with— 22
(A) a senior member of Hamas, Pales-23
tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 24
the Lion’s Den, or any affiliate or successor 25
thereof; or 26
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(B) a senior member of a foreign terrorist 1
organization designated pursuant to section 219 2
of the Immigration and Nationality Act (8 3
U.S.C. 1189) that is responsible for providing, 4
directly or indirectly, support to Hamas, Pales-5
tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 6
the Lion’s Den, or any affiliate or successor 7
thereof. 8
(c) S
ANCTIONSDESCRIBED.—The President shall ex-9
ercise all of the powers granted to the President under 10
the International Emergency Economic Powers Act (50 11
U.S.C. 1701 et seq.) to the extent necessary to block and 12
prohibit all transactions in property and interests in prop-13
erty of a foreign person described in subsection (a) if such 14
property and interests in property are in the United 15
States, come within the United States, or are or come 16
within the possession or control of a United States person. 17
(d) P
ENALTIES.—The penalties provided for in sub-18
sections (b) and (c) of section 206 of the International 19
Emergency Economic Powers Act (50 U.S.C. 1705) shall 20
apply to a person that violates, attempts to violate, con-21
spires to violate, or causes a violation of this section or 22
any regulations promulgated to carry out this section to 23
the same extent that such penalties apply to a person that 24
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commits an unlawful act described in section 206(a) of 1
that Act. 2
(e) I
MPLEMENTATION; REGULATIONS.— 3
(1) I
N GENERAL.—The President may exercise 4
all authorities provided under sections 203 and 205 5
of the International Emergency Economic Powers 6
Act (50 U.S.C. 1702 and 1704) for purposes of car-7
rying out this section. 8
(2) R
EGULATIONS.—Not later than 60 days 9
after the date of the enactment of this Act, the 10
President shall issue regulations or other guidance 11
as may be necessary for the implementation of this 12
section. 13
(f) W
AIVER.—The President may waive, on a case- 14
by-case basis and for a period of not more than 180 days, 15
the application of sanctions under this section with respect 16
to a foreign person only if, not later than 15 days prior 17
to the date on which the waiver is to take effect, the Presi-18
dent submits to the appropriate congressional committees 19
a written determination and justification that the waiver 20
is in the vital national security interests of the United 21
States. 22
(g) H
UMANITARIANASSISTANCE.— 23
(1) I
N GENERAL.—Sanctions under this section 24
shall not apply to— 25
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(A) the conduct or facilitation of a trans-1
action for the provision of agricultural commod-2
ities, food, medicine, medical devices, or human-3
itarian assistance, or for humanitarian pur-4
poses; or 5
(B) transactions that are necessary for or 6
related to the activities described in subpara-7
graph (A). 8
(2) D
EFINITIONS.—In this subsection: 9
(A) A
GRICULTURAL COMMODITY .—The 10
term ‘‘agricultural commodity’’ has the meaning 11
given that term in section 102 of the Agricul-12
tural Trade Act of 1978 (7 U.S.C. 5602). 13
(B) M
EDICAL DEVICE.—The term ‘‘med-14
ical device’’ has the meaning given the term 15
‘‘device’’ in section 201 of the Federal Food, 16
Drug, and Cosmetic Act (21 U.S.C. 321). 17
(C) M
EDICINE.—The term ‘‘medicine’’ has 18
the meaning given the term ‘‘drug’’ in section 19
201 of the Federal Food, Drug, and Cosmetic 20
Act (21 U.S.C. 321). 21
(h) R
ULE OFCONSTRUCTION.—The authority to im-22
pose sanctions under this section with respect to a foreign 23
person is in addition to the authority to impose sanctions 24
under any other provision of law with respect to a foreign 25
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person that directly or indirectly supports acts of inter-1
national terrorism. 2
SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOR-3
EIGN STATES PROVIDING SUPPORT TO 4
HAMAS, PALESTINIAN ISLAMIC JIHAD AND 5
OTHER PALESTINIAN TERRORIST ORGANIZA-6
TIONS. 7
(a) I
NGENERAL.—Not later than 180 days after the 8
date of enactment of this Act, the President shall impose 9
the measures described in subsection (c) with respect to 10
a foreign state if the President determines that the foreign 11
state, on or after the date of the enactment of this Act, 12
engages in an activity described in subsection (b). 13
(b) A
CTIVITIESDESCRIBED.—A foreign state en-14
gages in an activity described in this subsection if the for-15
eign state knowingly— 16
(1) provides significant material or financial 17
support for acts of international terrorism, pursuant 18
to— 19
(A) section 1754(c) of the Export Control 20
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)); 21
(B) section 620A of the Foreign Assistance 22
Act of 1961 (22 U.S.C. 2371); 23
(C) section 40 of the Arms Export Control 24
Act (22 U.S.C. 2780); or 25
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(D) any other provision of law; 1
(2) provides significant material support to 2
Hamas, the Palestinian Islamic Jihad, Al-Aqsa Mar-3
tyrs Brigade, the Lion’s Den, or any affiliate or suc-4
cessor thereof; or 5
(3) engages in a significant transaction that 6
materially contributes, directly or indirectly, to the 7
terrorist activities of Hamas, the Palestinian Islamic 8
Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 9
any affiliate or successor thereof. 10
(c) M
EASURESDESCRIBED.—The measures de-11
scribed in this subsection with respect to a foreign state 12
are the following: 13
(1) The President shall suspend, for a period of 14
at least 1 year, United States assistance to the for-15
eign state. 16
(2) The Secretary of the Treasury shall instruct 17
the United States Executive Director to each appro-18
priate international financial institution to oppose, 19
and vote against, for a period of 1 year, the exten-20
sion by such institution of any loan or financial or 21
technical assistance to the government of the foreign 22
state. 23
(3) The President shall prohibit the export of 24
any item on the United States Munitions List (es-25
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tablished pursuant to section 38 of the Arms Export 1
Control Act (22 U.S.C. 2778)) or the Commerce 2
Control List set forth in Supplement No. 1 to part 3
774 of title 15, Code of Federal Regulations, to the 4
foreign state for a period of 1 year. 5
(d) P
ENALTIES.—The penalties provided for in sub-6
sections (b) and (c) of section 206 of the International 7
Emergency Economic Powers Act (50 U.S.C. 1705) shall 8
apply to a person that violates, attempts to violate, con-9
spires to violate, or causes a violation of this section or 10
any regulations promulgated to carry out this section to 11
the same extent that such penalties apply to a person that 12
commits an unlawful act described in section 206(a) of 13
that Act. 14
(e) W
AIVER.—The President may waive, on a case- 15
by-case basis and for a period of not more than 180 days, 16
the application of measures under this section with respect 17
to a foreign state only if, not later than 15 days prior 18
to the date on which the waiver is to take effect, the Presi-19
dent submits to the appropriate congressional committees 20
a written determination and justification that the waiver 21
is in the vital national security interests of the United 22
States. 23
(f) I
MPLEMENTATION; REGULATIONS.— 24
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(1) IN GENERAL.—The President may exercise 1
all authorities provided under sections 203 and 205 2
of the International Emergency Economic Powers 3
Act (50 U.S.C. 1702 and 1704) for purposes of car-4
rying out this section. 5
(2) R
EGULATIONS.—Not later than 60 days 6
after the date of the enactment of this Act, the 7
President shall issue regulations or other guidance 8
as may be necessary for the implementation of this 9
section. 10
(g) A
DDITIONALEXEMPTIONS.— 11
(1) S
TATUS OF FORCES AGREEMENTS .—The 12
President may exempt the application of measures 13
under this section with respect to a foreign state if 14
the application of such measures would prevent the 15
United States from meeting the terms of any status 16
of forces agreement to which the United States is a 17
party or meeting other obligations relating to the 18
basing of United States service members. 19
(2) A
UTHORIZED INTELLIGENCE ACTIVITIES .— 20
Measures under this section shall not apply with re-21
spect to any activity subject to the reporting require-22
ments under title V of the National Security Act of 23
1947 (50 U.S.C. 3091 et seq.) or any authorized in-24
telligence activities of the United States. 25
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(3) HUMANITARIAN ASSISTANCE .— 1
(A) I
N GENERAL.—Measures under this 2
section shall not apply to— 3
(i) the conduct or facilitation of a 4
transaction for the provision of agricultural 5
commodities, food, medicine, medical de-6
vices, or humanitarian assistance, or for 7
humanitarian purposes; or 8
(ii) transactions that are necessary for 9
or related to the activities described in 10
clause (i). 11
(B) D
EFINITIONS.—In this subsection: 12
(i) A
GRICULTURAL COMMODITY .—The 13
term ‘‘agricultural commodity’’ has the 14
meaning given that term in section 102 of 15
the Agricultural Trade Act of 1978 (7 16
U.S.C. 5602). 17
(ii) M
EDICAL DEVICE.—The term 18
‘‘medical device’’ has the meaning given 19
the term ‘‘device’’ in section 201 of the 20
Federal Food, Drug, and Cosmetic Act (21 21
U.S.C. 321). 22
(iii) M
EDICINE.—The term ‘‘medi-23
cine’’ has the meaning given the term 24
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‘‘drug’’ in section 201 of the Federal Food, 1
Drug, and Cosmetic Act (21 U.S.C. 321). 2
(h) R
ULE OFCONSTRUCTION.—The authority to im-3
pose measures under this section with respect to a foreign 4
state is in addition to the authority to impose measures 5
under any other provision of law with respect to foreign 6
states that directly or indirectly support acts of inter-7
national terrorism. 8
SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL 9
FUNDRAISING, FINANCING, AND MONEY 10
LAUNDERING ACTIVITIES OF HAMAS, PALES-11
TINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS 12
BRIGADE, THE LION’S DEN OR ANY AFFIL-13
IATE OR SUCCESSOR THEREOF. 14
(a) I
NGENERAL.—Not later than 90 days after the 15
date of enactment of this Act, and every 180 days there-16
after, the President shall submit to the appropriate con-17
gressional committees a report that includes— 18
(1) an assessment of the disposition of the as-19
sets and activities of Hamas, the Palestinian Islamic 20
Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 21
any affiliate or successor thereof related to fund-22
raising, financing, and money laundering worldwide; 23
(2) a list of foreign states that knowingly pro-24
viding material, financial, or technical support for, 25
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•HR 8038 IH
or goods or services to Hamas, the Palestinian Is-1
lamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s 2
Den, or any affiliate or successor thereof; 3
(3) a list of foreign states in which Hamas, the 4
Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 5
the Lion’s Den, or any affiliate or successor thereof 6
conducts significant fundraising, financing, or money 7
laundering activities; 8
(4) a list of foreign states from which Hamas, 9
the Palestinian Islamic Jihad, Al-Aqsa Martyrs Bri-10
gade, the Lion’s Den, or any affiliate or successor 11
thereof knowingly engaged in the transfer of surveil-12
lance equipment, electronic monitoring equipment, 13
or other means to inhibit communication or the free 14
flow of information in Gaza; and 15
(5) with respect to each foreign state listed in 16
paragraph (2), (3), or (4)— 17
(A) a description of the steps the foreign 18
state identified is taking adequate measures to 19
restrict financial flows to Hamas, the Pales-20
tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 21
the Lion’s Den, or any affiliates or successors 22
thereof; and 23
(B) in the case of a foreign state failing to 24
take adequate measures to restrict financial 25
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flows to Hamas, Palestinian Islamic Jihad, Al- 1
Aqsa Martyrs Brigade, the Lion’s Den or any 2
other designated entity engaged in significant 3
act of terrorism threatening the peace and secu-4
rity of Israel— 5
(i) an assessment of the reasons that 6
government is not taking adequate meas-7
ures to restrict financial flows to those en-8
tities; and 9
(ii) a description of measures being 10
taken by the United States Government to 11
encourage the foreign state to restrict fi-12
nancial flows to those entities; and 13
(b) F
ORM.—Each report required by subsection (a) 14
shall be submitted in unclassified form to the greatest ex-15
tent possible, and may contain a classified annex. 16
SEC. 6. TERMINATION. 17
This division shall terminate on the earlier of— 18
(1) the date that is 7 years after the date of the 19
enactment of this Act; or 20
(2) the date that is 30 days after the date on 21
which the President certifies to the appropriate con-22
gressional committees that— 23
(A) Hamas or any successor or affiliate 24
thereof is no longer designated as a foreign ter-25
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rorist organization pursuant to section 219 of 1
the Immigration and Nationality Act (8 U.S.C. 2
1189); 3
(B) Hamas, the Palestinian Islamic Jihad, 4
Al-Aqsa Martyrs Brigade, the Lion’s Den, and 5
any successor or affiliate thereof are no longer 6
subject to sanctions pursuant to— 7
(i) Executive Order No. 12947 (Janu-8
ary 23, 1995; relating to prohibiting trans-9
actions with terrorists who threaten to dis-10
rupt the Middle East peace process); and 11
(ii) Executive Order No. 13224 (Sep-12
tember 23, 2001; relating to blocking prop-13
erty and prohibiting transactions with per-14
sons who commit, threaten to commit, or 15
support terrorism); and 16
(C) Hamas, the Palestinian Islamic Jihad, 17
Al-Aqsa Martyrs Brigade, the Lion’s Den, and 18
any successor or affiliate thereof meet the cri-19
teria described in paragraphs (1) through (4) of 20
section 9 of the Palestinian Anti-Terrorism Act 21
of 2006 (22 U.S.C. 2378b note). 22
SEC. 7. DEFINITIONS. 23
In this division: 24
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(1) ACT OF TERRORISM.—The term ‘‘act of ter-1
rorism’’ means an activity that— 2
(A) involves a violent act or an act dan-3
gerous to human life, property, or infrastruc-4
ture; and 5
(B) appears to be intended to— 6
(i) intimidate or coerce a civilian pop-7
ulation; 8
(ii) influence the policy of a govern-9
ment by intimidation or coercion; or 10
(iii) affect the conduct of a govern-11
ment by mass destruction, assassination, 12
kidnapping, or hostage-taking. 13
(2) A
DMITTED.—The term ‘‘admitted’’ has the 14
meaning given such term in section 101(a)(13)(A) of 15
the Immigration and Nationality Act (8 U.S.C. 16
1101(a)(13)(A)). 17
(3) A
PPROPRIATE CONGRESSIONAL COMMIT -18
TEES.—The term ‘‘appropriate congressional com-19
mittees’’ means— 20
(A) the Committee on Foreign Affairs and 21
the Committee on Financial Services of the 22
House of Representatives; and 23
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(B) the Committee on Foreign Relations 1
and the Committee on Banking, Housing, and 2
Urban Affairs of the Senate. 3
(4) F
OREIGN STATE.—The term ‘‘foreign state’’ 4
has the meaning given such term in section 1603 of 5
title 28, United States Code. 6
(5) H
UMANITARIAN AID.—The term ‘‘humani-7
tarian aid’’ means food, medicine, and medical sup-8
plies. 9
(6) M
ATERIAL SUPPORT.—The term ‘‘material 10
support’’ has the meaning given the term ‘‘material 11
support or resources’’ in section 2339A of title 18, 12
United States Code. 13
(7) U
NITED STATES PERSON .—The term 14
‘‘United States person’’ means— 15
(A) a United States citizen or an alien law-16
fully admitted for permanent residence to the 17
United States; or 18
(B) an entity organized under the laws of 19
the United States or of any jurisdiction within 20
the United States, including a foreign branch of 21
such an entity. 22
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DIVISION J—NO TECHNOLOGY 1
FOR TERROR ACT 2
SEC. 1. SHORT TITLE. 3
This Act may be cited as the ‘‘No Technology for 4
Terror Act’’. 5
SEC. 2. APPLICATION OF FOREIGN-DIRECT PRODUCT 6
RULES TO IRAN. 7
(a) I
NGENERAL.—Beginning on the date that is 90 8
days after the date of the enactment of this Act, a foreign- 9
produced item shall be subject to the Export Administra-10
tion Regulations (pursuant to the Export Control Reform 11
Act of 2018 (50 U.S.C. 4801 et seq.)) if the item— 12
(1) meets— 13
(A) the product scope requirements de-14
scribed in subsection (b); and 15
(B) the destination scope requirements de-16
scribed in subsection (c); and 17
(2) is exported, reexported, or in-country trans-18
ferred to Iran from abroad or involves the Govern-19
ment of Iran. 20
(b) P
RODUCTSCOPEREQUIREMENTS.—A foreign- 21
produced item meets the product scope requirements of 22
this subsection if the item— 23
(1) is a direct product of United States-origin 24
technology or software subject to the Export Admin-25
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istration Regulations that is specified in a covered 1
Export Control Classification Number or is identi-2
fied in supplement no. 7 to part 746 of the Export 3
Administration Regulations; or 4
(2) is produced by any plant or major compo-5
nent of a plant that is located outside the United 6
States, if the plant or major component of a plant, 7
whether made in the United States or a foreign 8
country, itself is a direct product of United States- 9
origin technology or software subject to the Export 10
Administration Regulations that is specified in a 11
covered Export Control Classification Number. 12
(c) D
ESTINATIONSCOPEREQUIREMENTS.—A for-13
eign-produced item meets the destination scope require-14
ments of this subsection if there is knowledge that the for-15
eign-produced item is destined to Iran or will be incor-16
porated into or used in the production or development of 17
any part, component, or equipment subject to the Export 18
Administration Regulations and produced in or destined 19
to Iran. 20
(d) L
ICENSEREQUIREMENTS.— 21
(1) I
N GENERAL.—A license shall be required 22
to export, reexport, or in-country transfer a foreign- 23
produced item from abroad that meets the product 24
scope requirements described in subsection (b) and 25
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the destination scope requirements described in sub-1
section (c) and is subject to the Export Administra-2
tion Regulations pursuant to this section. 3
(2) E
XCEPTIONS.—The license requirements of 4
paragraph (1) shall not apply to— 5
(A) food, medicine, or medical devices that 6
are— 7
(i) designated as EAR99; or 8
(ii) not designated under or listed on 9
the Commerce Control List; or 10
(B) services, software, or hardware (other 11
than services, software, or hardware for end- 12
users owned or controlled by the Government of 13
Iran) that are— 14
(i) necessarily and ordinarily incident 15
to communications; or 16
(ii) designated as— 17
(I) EAR99; or 18
(II) Export Control Classification 19
Number 5A992.c or 5D992.c, and 20
classified in accordance with section 21
740.17 of title 15 Code of Federal 22
Regulations; and 23
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(iii) subject to a general license issued 1
by the Department of Commerce or De-2
partment of Treasury. 3
(e) N
ATIONALINTERESTWAIVER.—The Secretary of 4
Commerce may waive the requirements imposed under this 5
section if the Secretary— 6
(1) determines that the waiver is in the national 7
interests of the United States; and 8
(2) submits to the Committee on Foreign Af-9
fairs of the House of Representatives and the Com-10
mittee on Banking, Housing, and Urban Affairs of 11
the Senate a report explaining which requirements 12
are being waived and the reasons for the waiver. 13
(f) S
UNSET.—The authority provided under this sec-14
tion shall terminate on the date that is 7 years after the 15
date of the enactment of this Act. 16
(g) D
EFINITIONS.—In this section— 17
(1) the term ‘‘Commerce Control List’’ means 18
the list maintained pursuant to part 744 of the Ex-19
port Administration Regulations; 20
(2) the term ‘‘covered Export Control Classi-21
fication Number’’ means an Export Control Classi-22
fication Number in product group D or E of Cat-23
egory 3, 4, 5, 6, 7, 8, or 9 of the Commerce Control 24
List; 25
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(3) the terms ‘‘Export Administration Regula-1
tions’’, ‘‘export’’, ‘‘reexport’’, and ‘‘in-country trans-2
fer’’ have the meanings given those terms in section 3
1742 of the Export Control Reform Act of 2018 (50 4
U.S.C. 4801); and 5
(4) the terms ‘‘direct product’’, ‘‘technology’’, 6
‘‘software’’, ‘‘major component’’, ‘‘knowledge’’, ‘‘pro-7
duction’’, ‘‘development’’, ‘‘part’’, ‘‘component’’, 8
‘‘equipment’’, and ‘‘government end users’’ have the 9
meanings given those terms in section 734.9 or part 10
772 of the Export Administration Regulations, as 11
the case may be. 12
DIVISION K—STRENGTHENING 13
TOOLS TO COUNTER THE USE 14
OF HUMAN SHIELDS ACT 15
SEC. 1. SHORT TITLE. 16
This Act may be cited as the ‘‘Strengthening Tools 17
to Counter the Use of Human Shields Act’’. 18
SEC. 2. STATEMENT OF POLICY. 19
It shall be the policy of the United States to fully 20
implement and enforce sanctions against terrorist organi-21
zations and other malign actors that use innocent civilians 22
as human shields. 23
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SEC. 3. MODIFICATION AND EXTENSION OF SANCTIONING 1
THE USE OF CIVILIANS AS DEFENSELESS 2
SHIELDS ACT. 3
(a) I
NGENERAL.—Section 3 of the Sanctioning the 4
Use of Civilians as Defenseless Shields Act (Public Law 5
115–348; 50 U.S.C. 1701 note) is amended— 6
(1) in subsection (b)— 7
(A) by redesignating paragraph (3) as 8
paragraph (4); and 9
(B) by inserting after paragraph (2) the 10
following: 11
‘‘(3) Each foreign person that the President de-12
termines, on or after the date of the enactment of 13
the Strengthening Tools to Counter the Use of 14
Human Shields Act— 15
‘‘(A) is a member of Palestine Islamic 16
Jihad or is knowingly acting on behalf of Pal-17
estine Islamic Jihad; and 18
‘‘(B) knowingly orders, controls, or other-19
wise directs the use of civilians protected as 20
such by the law of war to shield military objec-21
tives from attack.’’; 22
(2) by redesignating subsections (e), (f), (g), 23
(h), and (i) as subsections (f), (g), (h), (i), and (j), 24
respectively; and 25
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(3) by inserting after subsection (d) the fol-1
lowing: 2
‘‘(e) C
ONGRESSIONAL REQUESTS.—Not later than 3
120 days after receiving a request from the chairman and 4
ranking member of one of the appropriate congressional 5
committees with respect to whether a foreign person meets 6
the criteria of a person described in subsection (b) or (c), 7
the President shall— 8
‘‘(1) determine if the person meets such cri-9
teria; and 10
‘‘(2) submit a written justification to the chair-11
man and ranking member detailing whether or not 12
the President imposed or intends to impose sanc-13
tions described in subsection (b) or (c) with respect 14
to such person.’’. 15
(b) D
EFINITIONS.—Section 4 of the Sanctioning the 16
Use of Civilians as Defenseless Shields Act (Public Law 17
115–348; 50 U.S.C. 1701 note) is amended— 18
(1) by redesignating paragraph (7) as para-19
graph (8); and 20
(2) by inserting after paragraph (6) the fol-21
lowing: 22
‘‘(7) P
ALESTINE ISLAMIC JIHAD .—The term 23
‘Palestine Islamic Jihad’ means— 24
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‘‘(A) the entity known as Palestine Islamic 1
Jihad and designated by the Secretary of State 2
as a foreign terrorist organization pursuant to 3
section 219 of the Immigration and Nationality 4
Act (8 U.S.C. 1189); or 5
‘‘(B) any person identified as an agent or 6
instrumentality of Palestine Islamic Jihad on 7
the list of specially designated nationals and 8
blocked persons maintained by the Office of 9
Foreign Asset Control of the Department of the 10
Treasury, the property or interests in property 11
of which are blocked pursuant to the Inter-12
national Emergency Economic Powers Act (50 13
U.S.C. 1701 et seq.).’’. 14
(c) S
UNSET.—Section 5 of the Sanctioning the Use 15
of Civilians as Defenseless Shields Act (Public Law 115– 16
348; 50 U.S.C. 1701 note) is amended by striking ‘‘De-17
cember 31, 2023’’ and inserting ‘‘December 31, 2030’’. 18
(d) S
EVERABILITY.—The Sanctioning the Use of Ci-19
vilians as Defenseless Shields Act (Public Law 115–348; 20
50 U.S.C. 1701 note) is amended by adding at the end 21
the following: 22
‘‘SEC. 6. SEVERABILITY. 23
‘‘If any provision of this Act, or the application of 24
such provision to any person or circumstance, is found to 25
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be unconstitutional, the remainder of this Act, or the ap-1
plication of that provision to other persons or cir-2
cumstances, shall not be affected.’’. 3
SEC. 4. REPORT ON COUNTERING THE USE OF HUMAN 4
SHIELDS. 5
(a) I
NGENERAL.—Not later than 120 days after the 6
date of the enactment of this Act, the Secretary of Defense 7
shall submit to the congressional defense committees, the 8
Committee on Foreign Affairs of the House of Representa-9
tives, and the Committee on Foreign Relations of the Sen-10
ate a report that contains the following: 11
(1) A description of the lessons learned from 12
the United States and its allies and partners in ad-13
dressing the use of human shields by terrorist orga-14
nizations such as Hamas, Hezbollah, Palestine Is-15
lamic Jihad, and any other organization as deter-16
mined by the Secretary of Defense. 17
(2) A description of a specific plan and actions 18
being taken by the Department of Defense to incor-19
porate the lessons learned as identified in paragraph 20
(1) into Department of Defense operating guidance, 21
relevant capabilities, and tactics, techniques, and 22
procedures to deter, counter, and address the chal-23
lenge posed by the use of human shields and hold 24
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accountable terrorist organizations for the use of 1
human shields. 2
(3) A description of specific measures being de-3
veloped and implemented by the United States Gov-4
ernment to mobilize and leverage allied nations, in-5
cluding member nations of the North Atlantic Trea-6
ty Organization (NATO), to deter, counter, and hold 7
accountable terrorist organizations for the use of 8
human shields. 9
(4) The current status of joint exercises, doc-10
trine development, education, and training on coun-11
tering the use of human shields in multinational cen-12
ters of excellence. 13
(5) The current status of participation of mem-14
bers of the Armed Forces and Department of De-15
fense civilian personnel in any multinational center 16
of excellence for the purposes of countering the use 17
of human shields. 18
(6) The feasibility and advisability of beginning 19
or continuing participation of members of the Armed 20
Forces and Department of Defense civilian per-21
sonnel to promote the integration of joint exercises, 22
doctrine development, education, and training on 23
countering the use of human shields into multi-24
national centers of excellence. 25
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(b) DEFINITION.—In this section, the term ‘‘multi-1
national center of excellence’’ has the meaning given that 2
term in section 344 of title 10, United States Code. 3
SEC. 5. CONFRONTING ASYMMETRIC AND MALICIOUS 4
CYBER ACTIVITIES. 5
(a) I
NGENERAL.—On and after the date that is 180 6
days after the date of the enactment of this Act, the Presi-7
dent may impose the sanctions described in subsection (b) 8
with respect to any foreign person that the Secretary of 9
the Treasury, in consultation with the Attorney General 10
and the Secretary of State determine, on or after such 11
date of enactment— 12
(1) is responsible for or complicit in, or has en-13
gaged knowingly in, significant cyber-enabled activi-14
ties originating from, or directed by persons located, 15
in whole or in substantial part, outside the United 16
States that are reasonably likely to result in, or have 17
materially contributed to, a significant threat to the 18
national security, foreign policy, or economic health 19
or financial stability of the United States; 20
(2) materially assisted, sponsored, or provided 21
financial, material, or technological support for, or 22
goods or services to or in support of, any activity de-23
scribed in this subsection or any person whose prop-24
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erty and interests in property are blocked pursuant 1
to this section; 2
(3) is owned or controlled by, or has acted or 3
purported to act for or on behalf of, directly or indi-4
rectly, any person whose property and interests in 5
property are blocked pursuant to this section; or 6
(4) has attempted to engage in any of the ac-7
tivities described in paragraph (1), (2), or (3). 8
(b) S
ANCTIONSDESCRIBED.—The sanctions de-9
scribed in this subsection are the following: 10
(1) I
NADMISSIBILITY TO UNITED STATES .—In 11
the case of an alien— 12
(A) ineligibility to receive a visa to enter 13
the United States or to be admitted to the 14
United States; or 15
(B) if the individual has been issued a visa 16
or other documentation, revocation, in accord-17
ance with section 221(i) of the Immigration and 18
Nationality Act (8 U.S.C. 1201(i)), of the visa 19
or other documentation. 20
(2) B
LOCKING OF PROPERTY .—The blocking, in 21
accordance with the International Emergency Eco-22
nomic Powers Act (50 U.S.C. 1701 et seq.), of all 23
transactions in all property and interests in property 24
of a foreign person if such property and interests in 25
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property are in the United States, come within the 1
United States, or are or come within the possession 2
or control of a United States person. 3
(c) R
EQUESTS BY APPROPRIATECONGRESSIONAL 4
C
OMMITTEES.— 5
(1) I
N GENERAL.—Not later than 120 days 6
after receiving a request that meets the require-7
ments of paragraph (2) with respect to whether a 8
foreign person has engaged in an activity described 9
in subsection (a), the Secretary of the Treasury, in 10
consultation with the Attorney General and the Sec-11
retary of State shall— 12
(A) determine if that person has engaged 13
in such an activity; and 14
(B) submit a classified or unclassified re-15
port to the chairperson and ranking member of 16
the committee or committees that submitted the 17
request with respect to that determination that 18
includes— 19
(i) a statement of whether or not the 20
Secretary of the Treasury, in consultation 21
with the Attorney General and the Sec-22
retary of State imposed or intends to im-23
pose sanctions with respect to the person; 24
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(ii) if the President imposed or in-1
tends to impose sanctions, a description of 2
those sanctions; and 3
(iii) if the President does not intend 4
to impose sanctions, a description of ac-5
tions that meet the threshold for the Presi-6
dent to impose sanctions. 7
(2) R
EQUIREMENTS.—A request under para-8
graph (1) with respect to whether a foreign person 9
has engaged in an activity described in subsection 10
(a) shall be submitted to the President in writing 11
jointly by the chairperson and ranking member of 12
one of the appropriate congressional committees. 13
(d) A
PPROPRIATECONGRESSIONAL COMMITTEES 14
D
EFINED.—In this section, the term ‘‘appropriate con-15
gressional committees’’ means— 16
(1) the Committee on Foreign Affairs, the 17
Committee on Financial Services, and the Com-18
mittee on the Judiciary of the House of Representa-19
tives; and 20
(2) the Committee on Foreign Relations, the 21
Committee on the Judiciary, and the Committee on 22
Banking, Housing, and Urban Affairs of the Senate. 23
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SEC. 6. SANCTIONS WITH RESPECT TO THREATS TO CUR-1
RENT OR FORMER UNITED STATES OFFI-2
CIALS. 3
(a) I
NGENERAL.—On and after the date that is 180 4
days after the date of the enactment of this Act, the Presi-5
dent shall impose the sanctions described in subsection (b) 6
with respect to any foreign person the President deter-7
mines has, on or after such date of enactment, ordered, 8
directed, or taken material steps to carry out any use of 9
violence or has attempted or threatened to use violence 10
against any current or former official of the Government 11
of the United States. 12
(b) S
ANCTIONSDESCRIBED.—The sanctions de-13
scribed in this subsection are the following: 14
(1) I
NADMISSIBILITY TO UNITED STATES .—In 15
the case of a foreign person who is an individual— 16
(A) ineligibility to receive a visa to enter 17
the United States or to be admitted to the 18
United States; or 19
(B) if the individual has been issued a visa 20
or other documentation, revocation, in accord-21
ance with section 221(i) of the Immigration and 22
Nationality Act (8 U.S.C. 1201(i)), of the visa 23
or other documentation. 24
(2) B
LOCKING OF PROPERTY .—The blocking, in 25
accordance with the International Emergency Eco-26
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nomic Powers Act (50 U.S.C. 1701 et seq.), of all 1
transactions in all property and interests in property 2
of a foreign person if such property and interests in 3
property are in the United States, come within the 4
United States, or are or come within the possession 5
or control of a United States person. 6
(c) E
NFORCEMENT OF BLOCKING OFPROPERTY.— 7
A person that violates, attempts to violate, conspires to 8
violate, or causes a violation of a sanction described in 9
subsection (b)(2) that is imposed by the President or any 10
regulation, license, or order issued to carry out such a 11
sanction shall be subject to the penalties set forth in sub-12
sections (b) and (c) of section 206 of the International 13
Emergency Economic Powers Act (50 U.S.C. 1705) to the 14
same extent as a person that commits an unlawful act de-15
scribed in subsection (a) of that section. 16
(d) W
AIVER.—The President may waive the applica-17
tion of sanctions under this section for renewable periods 18
not to exceed 180 days if the President— 19
(1) determines that such a waiver is in the vital 20
national security interests of the United States; and 21
(2) not less than 15 days before the granting 22
of the waiver, submits to the appropriate congres-23
sional committees a notice of and justification for 24
the waiver. 25
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(e) TERMINATION ANDSUNSET.— 1
(1) T
ERMINATION OF SANCTIONS .—The Presi-2
dent may terminate the application of sanctions 3
under this section with respect to a person if the 4
President determines and reports to the appropriate 5
congressional committees not later than 15 days be-6
fore the termination of the sanctions that— 7
(A) credible information exists that the 8
person did not engage in the activity for which 9
sanctions were imposed; 10
(B) the person has credibly demonstrated 11
a significant change in behavior, has paid an 12
appropriate consequence for the activity for 13
which sanctions were imposed, and has credibly 14
committed to not engage in an activity de-15
scribed in subsection (a) in the future; or 16
(C) the termination of the sanctions is in 17
the vital national security interests of the 18
United States. 19
(2) S
UNSET.—The requirement to impose sanc-20
tions under this section shall terminate on the date 21
that is 4 years after the date of the enactment of 22
this Act. 23
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(f) APPROPRIATECONGRESSIONALCOMMITTEESDE-1
FINED.—In this section, the term ‘‘appropriate congres-2
sional committees’’ means— 3
(1) the Committee on Foreign Affairs and the 4
Committee on the Judiciary; and 5
(2) the Committee on Foreign Relations and 6
the Committee on the Judiciary. 7
DIVISION L—ILLICIT CAPTAGON 8
TRAFFICKING SUPPRESSION 9
ACT 10
SEC. 1. SHORT TITLE. 11
This Act may be cited as the ‘‘Illicit Captagon Traf-12
ficking Suppression Act of 2023’’. 13
SEC. 2. FINDINGS. 14
Congress finds the following: 15
(1) Industrial scale production of the amphet-16
amine-type stimulant also known as captagon, and 17
the illicit production of precursor chemicals, in terri-18
tories held by the regime of President Bashar al 19
Assad in Syria are becoming more sophisticated and 20
pose a severe challenge to regional and international 21
security. 22
(2) Elements of the Government of Syria are 23
key drivers of illicit trafficking in captagon, with 24
ministerial-level complicity in production and smug-25
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gling, using other armed groups such as Hizballah 1
for technical and logistical support in captagon pro-2
duction and trafficking. 3
(3) As affiliates of the Government of Syria and 4
other actors seek to export captagon, they under-5
mine regional security by empowering a broad range 6
of criminal networks, militant groups, mafia syn-7
dicates, and autocratic governments. 8
SEC. 3. STATEMENT OF POLICY. 9
It is the policy of the United States to target individ-10
uals, entities, and networks associated with the Govern-11
ment of Syria to dismantle and degrade the transnational 12
criminal organizations, including narcotics trafficking net-13
works, associated with the regime of President Bashar al 14
Assad in Syria and Hizballah. 15
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO IL-16
LICIT CAPTAGON TRAFFICKING. 17
(a) I
NGENERAL.—The sanctions described in sub-18
section (b) shall be imposed with respect to any foreign 19
person the President determines, on or after the date of 20
enactment of this Act— 21
(1) engages in, or attempts to engage in, activi-22
ties or transactions that have materially contributed 23
to, or pose a significant risk of materially contrib-24
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uting to, the illicit production and international il-1
licit proliferation of captagon; or 2
(2) knowingly receives any property or interest 3
in property that the foreign person knows— 4
(A) constitutes or is derived from proceeds 5
of activities or transactions that have materially 6
contributed to, or pose a significant risk of ma-7
terially contributing to, the illicit production 8
and international illicit proliferation of 9
captagon; or 10
(B) was used or intended to be used to 11
commit or to facilitate activities or transactions 12
that have materially contributed to, or pose a 13
significant risk of materially contributing to, 14
the illicit production and international illicit 15
proliferation of captagon. 16
(b) S
ANCTIONSDESCRIBED.—The sanctions de-17
scribed in this subsection are the following: 18
(1) B
LOCKING OF PROPERTY .—The President 19
shall exercise all authorities granted under the Inter-20
national Emergency Economic Powers Act (50 21
U.S.C. 1701 et seq.) to the extent necessary to block 22
and prohibit all transactions in property and inter-23
ests in property of the foreign person if such prop-24
erty and interests in property are in the United 25
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States, come within the United States, or come with-1
in the possession or control of a United States per-2
son. 3
(2) I
NELIGIBILITY FOR VISAS, ADMISSION, OR 4
PAROLE.— 5
(A) V
ISAS, ADMISSION, OR PAROLE.—An 6
alien described in subsection (a) shall be— 7
(i) inadmissible to the United States; 8
(ii) ineligible to receive a visa or other 9
documentation to enter the United States; 10
and 11
(iii) otherwise ineligible to be admitted 12
or paroled into the United States or to re-13
ceive any other benefit under the Immigra-14
tion and Nationality Act (8 U.S.C. 1101 et 15
seq.). 16
(B) C
URRENT VISAS REVOKED .— 17
(i) I
N GENERAL.—The visa or other 18
entry documentation of any alien described 19
in subsection (a) is subject to revocation 20
regardless of the issue date of the visa or 21
other entry documentation. 22
(ii) I
MMEDIATE EFFECT .—A revoca-23
tion under clause (i) shall, in accordance 24
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with section 221(i) of the Immigration and 1
Nationality Act (8 U.S.C. 1201(i))— 2
(I) take effect immediately; and 3
(II) cancel any other valid visa or 4
entry documentation that is in the 5
possession of the alien. 6
(c) P
ENALTIES.—Any person that violates, or at-7
tempts to violate, subsection (b) or any regulation, license, 8
or order issued pursuant to that subsection, shall be sub-9
ject to the penalties set forth in subsections (b) and (c) 10
of section 206 of the International Emergency Economic 11
Powers Act (50 U.S.C. 1705) to the same extent as a per-12
son that commits an unlawful act described in subsection 13
(a) of that section. 14
(d) W
AIVER.— 15
(1) I
N GENERAL.—The President may waive 16
the application of sanctions under this section with 17
respect to a foreign person only if, not later than 15 18
days prior to the date on which the waiver is to take 19
effect, the President submits to the appropriate con-20
gressional committees a written determination and 21
justification that the waiver is important to the na-22
tional security interests of the United States. 23
(2) B
RIEFING.—Not later than 60 days after 24
the issuance of a waiver under paragraph (1), and 25
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every 180 days thereafter while the waiver remains 1
in effect, the President shall brief the appropriate 2
congressional committees on the reasons for the 3
waiver. 4
(e) I
MPLEMENTATION.—The President may exercise 5
all authorities provided under sections 203 and 205 of the 6
International Emergency Economic Powers Act (50 7
U.S.C. 1702 and 1704) to carry out this section. 8
(f) R
EGULATIONS.— 9
(1) I
N GENERAL.—The President shall, not 10
later than 120 days after the date of the enactment 11
of this Act, promulgate regulations as necessary for 12
the implementation of this section. 13
(2) N
OTIFICATION TO CONGRESS .—Not later 14
than 10 days before the promulgation of regulations 15
under this subsection, the President shall notify the 16
appropriate congressional committees of the pro-17
posed regulations and the provisions of this section 18
that the regulations are implementing. 19
(g) E
XCEPTIONS.— 20
(1) E
XCEPTION FOR INTELLIGENCE ACTIVI -21
TIES.—Sanctions under this section shall not apply 22
to any activity subject to the reporting requirements 23
under title V of the National Security Act of 1947 24
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(50 U.S.C. 3091 et seq.) or any authorized intel-1
ligence activities of the United States. 2
(2) E
XCEPTION TO COMPLY WITH INTER -3
NATIONAL OBLIGATIONS AND FOR LAW ENFORCE -4
MENT ACTIVITIES.—Sanctions under this section 5
shall not apply with respect to an alien if admitting 6
or paroling the alien into the United States is nec-7
essary— 8
(A) to permit the United States to comply 9
with the Agreement regarding the Head-10
quarters of the United Nations, signed at Lake 11
Success June 26, 1947, and entered into force 12
November 21, 1947, between the United Na-13
tions and the United States, or other applicable 14
international obligations; or 15
(B) to carry out or assist authorized law 16
enforcement activity in the United States. 17
(3) H
UMANITARIAN ASSISTANCE .— 18
(A) I
N GENERAL.—Sanctions under this 19
Act shall not apply to— 20
(i) the conduct or facilitation of a 21
transaction for the provision of agricultural 22
commodities, food, medicine, medical de-23
vices, humanitarian assistance, or for hu-24
manitarian purposes; or 25
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(ii) transactions that are necessary for 1
or related to the activities described in 2
clause (i). 3
(B) D
EFINITIONS.—In this subsection: 4
(i) A
GRICULTURAL COMMODITY .—The 5
term ‘‘agricultural commodity’’ has the 6
meaning given that term in section 102 of 7
the Agricultural Trade Act of 1978 (7 8
U.S.C. 5602). 9
(ii) M
EDICAL DEVICE.—The term 10
‘‘medical device’’ has the meaning given 11
the term ‘‘device’’ in section 201 of the 12
Federal Food, Drug, and Cosmetic Act (21 13
U.S.C. 321). 14
(iii) M
EDICINE.—The term ‘‘medi-15
cine’’ has the meaning given the term 16
‘‘drug’’ in section 201 of the Federal Food, 17
Drug, and Cosmetic Act (21 U.S.C. 321). 18
SEC. 5. DETERMINATIONS WITH RESPECT TO THE GOVERN-19
MENT OF SYRIA, HIZBALLAH, AND NETWORKS 20
AFFILIATED WITH THE GOVERNMENT OF 21
SYRIA OR HIZBALLAH. 22
(a) I
NGENERAL.—Not later than 180 days after the 23
date of the enactment of this Act, the President shall— 24
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(1) determine whether each foreign person de-1
scribed in subsection (b) meets the criteria for sanc-2
tions under this Act; and 3
(2) submit to the appropriate congressional 4
committees a report containing— 5
(A) a list of all foreign persons described 6
in subsection (b) that meet the criteria for im-7
position of sanctions under this Act; 8
(B) for each foreign person identified pur-9
suant to subparagraph (A), a statement of 10
whether sanctions have been imposed or will be 11
imposed within 30 days of the submission of the 12
report; and 13
(C) with respect to any person identified 14
pursuant to subparagraph (A) for whom sanc-15
tions have not been imposed and will not be im-16
posed within 30 days of the submission of the 17
report, the specific authority under which other-18
wise applicable sanctions are being waived, have 19
otherwise been determined not to apply, or are 20
not being imposed and a complete justification 21
of the decision to waive or otherwise not apply 22
such sanctions. 23
(b) F
OREIGNPERSONSDESCRIBED.—The foreign 24
persons described in this subsection are the following: 25
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(1) Maher Al Assad. 1
(2) Imad Abu Zureiq. 2
(3) Amer Taysir Khiti. 3
(4) Taher al-Kayyali. 4
(5) Raji Falhout. 5
(6) Mohammed Asif Issa Shalish. 6
(7) Abdellatif Hamid. 7
(8) Mustafa Al Masalmeh. 8
SEC. 6. DEFINITIONS. 9
In this Act: 10
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -11
TEES.—The term ‘‘appropriate congressional com-12
mittees’’ means— 13
(A) the Committee on Foreign Affairs, the 14
Committee on Financial Services, and the Com-15
mittee on the Judiciary of the House of Rep-16
resentatives; and 17
(B) the Committee on Foreign Relations, 18
the Committee on Banking, Housing, and 19
Urban Affairs, and the Committee on the Judi-20
ciary of the Senate. 21
(2) C
APTAGON.—The term ‘‘captagon’’ means 22
any compound, mixture, or preparation which con-23
tains any quantity of a stimulant in schedule I or II 24
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of section 202 of the Controlled Substances Act (21 1
U.S.C. 812), including— 2
(A) amphetamine, methamphetamine, and 3
fenethylline; 4
(B) any immediate precursor or controlled 5
substance analogue of such a stimulant, as de-6
fined in section 102 of the Controlled Sub-7
stances Act (21 U.S.C. 802); and 8
(C) any isomers, esters, ethers, salts, and 9
salts of isomers, esters, and ethers of such a 10
stimulant, whenever the existence of such iso-11
mers, esters, ethers, and salts is possible within 12
the specific chemical designation. 13
(3) F
OREIGN PERSON.—The term ‘‘foreign per-14
son’’— 15
(A) means an individual or entity that is 16
not a United States person; and 17
(B) includes a foreign state (as such term 18
is defined in section 1603 of title 28, United 19
States Code). 20
(4) I
LLICIT PROLIFERATION.—The term ‘‘illicit 21
proliferation’’ refers to any illicit activity to produce, 22
manufacture, distribute, sell, or knowingly finance or 23
transport. 24
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(5) KNOWINGLY.—The term ‘‘knowingly’’ has 1
the meaning given that term in section 14 of the 2
Iran Sanctions Act of 1996 (Public Law 104–172; 3
50 U.S.C. 1701 note). 4
(6) U
NITED STATES PERSON .—The term 5
‘‘United States person’’ means— 6
(A) a United States citizen; 7
(B) a permanent resident alien of the 8
United States; 9
(C) an entity organized under the laws of 10
the United States or of any jurisdiction within 11
the United States, including a foreign branch of 12
such an entity; or 13
(D) a person in the United States. 14
DIVISION M—END FINANCING 15
FOR HAMAS AND STATE 16
SPONSORS OF TERRORISM 17
ACT 18
SEC. 1. SHORT TITLE. 19
This Act may be cited as the ‘‘End Financing for 20
Hamas and State Sponsors of Terrorism Act’’. 21
SEC. 2. REPORT ON FINANCING FOR HAMAS. 22
Not later than 180 days after the date of the enact-23
ment of this Act, the Secretary of the Treasury shall sub-24
mit to the Committee on Financial Services of the House 25
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of Representatives and the Committee on Banking, Hous-1
ing, and Urban Affairs of the Senate a report (which shall 2
be in unclassified form but may include a classified annex) 3
that includes— 4
(1) an analysis of the major sources of financ-5
ing to Hamas; 6
(2) a description of United States and multilat-7
eral efforts to disrupt illicit financial flows involving 8
Hamas; 9
(3) an evaluation of United States efforts to 10
undermine the ability of Hamas to finance armed 11
hostilities against Israel; and 12
(4) an implementation plan with respect to the 13
multilateral strategy described in section 3. 14
SEC. 3. MULTILATERAL STRATEGY TO DISRUPT HAMAS FI-15
NANCING. 16
The Secretary of the Treasury, through participation 17
in the G7, and other appropriate fora, shall develop a 18
strategy in coordination with United States allies and 19
partners to ensure that Hamas is incapable of financing 20
armed hostilities against Israel. 21
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DIVISION N—HOLDING IRANIAN 1
LEADERS ACCOUNTABLE ACT 2
SEC. 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Holding Iranian Lead-4
ers Accountable Act of 2024’’. 5
SEC. 2. FINDINGS. 6
The Congress finds the following: 7
(1) Iran is characterized by high levels of offi-8
cial and institutional corruption, and substantial in-9
volvement by Iran’s security forces, particularly the 10
Islamic Revolutionary Guard Corps (IRGC), in the 11
economy. 12
(2) The Department of Treasury in 2019 des-13
ignated the Islamic Republic of Iran’s financial sec-14
tor as a jurisdiction of primary money laundering 15
concern, concluding, ‘‘Iran has developed covert 16
methods for accessing the international financial sys-17
tem and pursuing its malign activities, including 18
misusing banks and exchange houses, operating pro-19
curement networks that utilize front or shell compa-20
nies, exploiting commercial shipping, and masking il-21
licit transactions using senior officials, including 22
those at the Central Bank of Iran (CBI).’’. 23
(3) In June 2019, the Financial Action Task 24
Force (FATF) urged all jurisdictions to require in-25
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creased supervisory examination for branches and 1
subsidiaries of financial institutions based in Iran. 2
The FATF later called upon its members to intro-3
duce enhanced relevant reporting mechanisms or 4
systematic reporting of financial transactions, and 5
require increased external audit requirements, for fi-6
nancial groups with respect to any of their branches 7
and subsidiaries located in Iran. 8
(4) According to the State Department’s 9
‘‘Country Reports on Terrorism’’ in 2021, ‘‘Iran 10
continued to be the leading state sponsor of ter-11
rorism, facilitating a wide range of terrorist and 12
other illicit activities around the world. Regionally, 13
Iran supported acts of terrorism in Bahrain, Iraq, 14
Lebanon, Syria, and Yemen through proxies and 15
partner groups such as Hizballah and Hamas.’’. 16
SEC. 3. REPORT ON FINANCIAL INSTITUTIONS AND ASSETS 17
CONNECTED TO CERTAIN IRANIAN OFFI-18
CIALS. 19
(a) F
INANCIALINSTITUTIONS AND ASSETSRE-20
PORT.— 21
(1) I
N GENERAL.—Not later than 180 days 22
after the date of the enactment of this Act, and 23
every 2 years thereafter, the President shall submit 24
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a report to the appropriate Members of Congress 1
containing— 2
(A) the estimated total funds or assets 3
that are under direct or indirect control by each 4
of the natural persons described under sub-5
section (b), and a description of such funds or 6
assets, except that the President may limit cov-7
erage of the report to not fewer than 5 of such 8
natural persons in order to meet the submission 9
deadline described under this paragraph; 10
(B) a description of how such funds or as-11
sets were acquired, and how they have been 12
used or employed; 13
(C) a list of any non-Iranian financial in-14
stitutions that— 15
(i) maintain an account in connection 16
with funds or assets described in subpara-17
graph (A); or 18
(ii) knowingly provide significant fi-19
nancial services to a natural person cov-20
ered by the report; and 21
(D) a description of any illicit or corrupt 22
means employed to acquire or use such funds or 23
assets. 24
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(2) EXEMPTIONS.—The requirements described 1
under paragraph (1) may not be applied with re-2
spect to a natural person or a financial institution, 3
as the case may be, if the President determines: 4
(A) The funds or assets described under 5
subparagraph (A) of paragraph (1) were ac-6
quired through legal or noncorrupt means. 7
(B) The natural person has agreed to pro-8
vide significant cooperation to the United 9
States for an important national security or law 10
enforcement purpose with respect to Iran. 11
(C) A financial institution that would oth-12
erwise be listed in the report required by para-13
graph (1) has agreed to— 14
(i) no longer maintain an account de-15
scribed under subparagraph (C)(i) of para-16
graph (1); 17
(ii) no longer provide significant fi-18
nancial services to a natural person cov-19
ered by the report; or 20
(iii) provide significant cooperation to 21
the United States for an important na-22
tional security or law enforcement purpose 23
with respect to Iran. 24
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(3) WAIVER.—The President may waive for up 1
to 1 year at a time any requirement under para-2
graph (1) with respect to a natural person or a fi-3
nancial institution after reporting in writing to the 4
appropriate Members of Congress that the waiver is 5
in the national interest of the United States, with a 6
detailed explanation of the reasons therefor. 7
(b) P
ERSONSDESCRIBED.—The natural persons de-8
scribed in this subsection are the following: 9
(1) The Supreme Leader of Iran. 10
(2) The President of Iran. 11
(3) The members of the Council of Guardians. 12
(4) The members of the Expediency Council. 13
(5) The Minister of Intelligence and Security. 14
(6) The Commander and the Deputy Com-15
mander of the IRGC. 16
(7) The Commander and the Deputy Com-17
mander of the IRGC Ground Forces. 18
(8) The Commander and the Deputy Com-19
mander of the IRGC Aerospace Force. 20
(9) The Commander and the Deputy Com-21
mander of the IRGC Navy. 22
(10) The Commander of the Basij-e 23
Mostaz’afin. 24
(11) The Commander of the Qods Force. 25
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(12) The Commander in Chief of the Police 1
Force. 2
(13) The head of the IRGC Joint Staff. 3
(14) The Commander of the IRGC Intelligence. 4
(15) The head of the IRGC Imam Hussein Uni-5
versity. 6
(16) The Supreme Leader’s Representative at 7
the IRGC. 8
(17) The Chief Executive Officer and the 9
Chairman of the IRGC Cooperative Foundation. 10
(18) The Commander of the Khatam-al-Anbia 11
Construction Head Quarter. 12
(19) The Chief Executive Officer of the Basij 13
Cooperative Foundation. 14
(20) The head of the Political Bureau of the 15
IRGC. 16
(21) The senior leadership as determined by the 17
President of the following groups: 18
(A) Hizballah. 19
(B) Hamas. 20
(C) Palestinian Islamic Jihad. 21
(D) Kata’ib Hizballah. 22
(c) F
ORM OFREPORT; PUBLICAVAILABILITY.— 23
(1) F
ORM.—The report required under sub-24
section (a) and any waiver under subsection (a)(3) 25
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shall be submitted in unclassified form but may con-1
tain a classified annex. 2
(2) P
UBLIC AVAILABILITY .—The Secretary 3
shall make the unclassified portion of such report 4
public if the Secretary notifies the appropriate Mem-5
bers of Congress that the publication is in the na-6
tional interest of the United States and would sub-7
stantially promote— 8
(A) deterring or sanctioning official cor-9
ruption in Iran; 10
(B) holding natural persons or financial in-11
stitutions listed in the report accountable to the 12
people of Iran; 13
(C) combating money laundering or the fi-14
nancing of terrorism; or 15
(D) achieving any other strategic objective 16
with respect to the Government of Iran. 17
(3) F
ORMAT OF PUBLICLY AVAILABLE RE -18
PORTS.—If the Secretary makes the unclassified 19
portion of a report public pursuant to paragraph 20
(2), the Secretary shall make it available to the pub-21
lic on the website of the Department of the Treas-22
ury— 23
(A) in English, Farsi, Arabic, and Azeri; 24
and 25
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(B) in precompressed, easily downloadable 1
versions that are made available in all appro-2
priate formats. 3
SEC. 4. RESTRICTIONS ON CERTAIN FINANCIAL INSTITU-4
TIONS. 5
(a) I
NGENERAL.—Not later than the date that is 6
90 days after submitting a report described under section 7
3(a)(1), the Secretary shall undertake the following with 8
respect to a financial institution that is described under 9
section 3(a)(1)(C) and listed in the report: 10
(1) If the financial institution is a United 11
States financial institution, require the closure of 12
any account described in section 3(a)(1)(C)(i), and 13
prohibit the provision of significant financial serv-14
ices, directly or indirectly, to a natural person cov-15
ered by the report. 16
(2) If the financial institution is a foreign fi-17
nancial institution, actively seek the closure of any 18
account described in section 3(a)(1)(C)(i), and the 19
cessation of significant financial services to a natural 20
person covered by the report, using any existing au-21
thorities of the Secretary, as appropriate. 22
(b) S
USPENSION.—The Secretary may suspend the 23
application of subsection (a) with respect to a financial 24
institution upon reporting to the appropriate Members of 25
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Congress that the suspension is in the national interest 1
of the United States, with a detailed explanation of the 2
reasons therefor. 3
SEC. 5. EXCEPTIONS FOR NATIONAL SECURITY; IMPLEMEN-4
TATION AUTHORITY. 5
The following activities shall be exempt from require-6
ments under sections 3 and 4: 7
(1) Any activity subject to the reporting re-8
quirements under title V of the National Security 9
Act of 1947 (50 U.S.C. 3091 et seq.), or to any au-10
thorized intelligence activities of the United States. 11
(2) The admission of an alien to the United 12
States if such admission is necessary to comply with 13
United States obligations under the Agreement be-14
tween the United Nations and the United States of 15
America regarding the Headquarters of the United 16
Nations, signed at Lake Success June 26, 1947, and 17
entered into force November 21, 1947, or under the 18
Convention on Consular Relations, done at Vienna 19
April 24, 1963, and entered into force March 19, 20
1967, or other applicable international obligations of 21
the United States. 22
(3) The conduct or facilitation of a transaction 23
for the sale of agricultural commodities, food, medi-24
cine, or medical devices to Iran or for the provision 25
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of humanitarian assistance to the people of Iran, in-1
cluding engaging in a financial transaction relating 2
to humanitarian assistance or for humanitarian pur-3
poses or transporting goods or services that are nec-4
essary to carry out operations relating to humani-5
tarian assistance or humanitarian purposes. 6
SEC. 6. SUNSET. 7
The provisions of this Act shall have no force or effect 8
on the earlier of— 9
(1) the date that is 5 years after the date of en-10
actment of this Act; or 11
(2) 30 days after the Secretary reports in writ-12
ing to the appropriate Members of Congress that— 13
(A) Iran is not a jurisdiction of primary 14
money laundering concern; or 15
(B) the Government of Iran is providing 16
significant cooperation to the United States for 17
the purpose of preventing acts of international 18
terrorism, or for the promotion of any other 19
strategic objective that is important to the na-20
tional interest of the United States, as specified 21
in the report by the Secretary. 22
SEC. 7. DEFINITIONS. 23
For purposes of this Act: 24
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(1) APPROPRIATE MEMBERS OF CONGRESS .— 1
The term ‘‘appropriate Members of Congress’’ 2
means the Speaker and Minority Leader of the 3
House of Representatives, the Majority Leader and 4
Minority Leader of the Senate, the Chairman and 5
Ranking Member of the Committee on Financial 6
Services of the House of Representatives, and the 7
Chairman and Ranking Member of the Committee 8
on Banking, Housing, and Urban Affairs of the Sen-9
ate. 10
(2) F
INANCIAL INSTITUTION.—The term ‘‘fi-11
nancial institution’’ means a United States financial 12
institution or a foreign financial institution. 13
(3) F
OREIGN FINANCIAL INSTITUTION .—The 14
term ‘‘foreign financial institution’’ has the meaning 15
given that term in section 561.308 of title 31, Code 16
of Federal Regulations. 17
(4) F
UNDS.—The term ‘‘funds’’ means— 18
(A) cash; 19
(B) equity; 20
(C) any other asset whose value is derived 21
from a contractual claim, including bank depos-22
its, bonds, stocks, a security as defined in sec-23
tion 2(a) of the Securities Act of 1933 (15 24
U.S.C. 77b(a)), or a security or an equity secu-25
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•HR 8038 IH
rity as defined in section 3(a) of the Securities 1
Exchange Act of 1934 (15 U.S.C. 78c(a)); and 2
(D) anything else that the Secretary deter-3
mines appropriate. 4
(5) K
NOWINGLY.—The term ‘‘knowingly’’ with 5
respect to conduct, a circumstance, or a result, 6
means that a person has actual knowledge, or should 7
have known, of the conduct, the circumstance, or the 8
result. 9
(6) S
ECRETARY.—The term ‘‘Secretary’’ means 10
the Secretary of the Treasury. 11
(7) U
NITED STATES FINANCIAL INSTITUTION .— 12
The term ‘‘United States financial institution’’ has 13
the meaning given the term ‘‘U.S. financial institu-14
tion’’ under section 561.309 of title 31, Code of 15
Federal Regulations. 16
DIVISION O—IRAN-CHINA EN-17
ERGY SANCTIONS ACT OF 2023 18
SEC. 1. SHORT TITLE. 19
This Act may be cited as the ‘‘Iran-China Energy 20
Sanctions Act of 2023’’. 21
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SEC. 2. SANCTIONS ON FOREIGN FINANCIAL INSTITUTIONS 1
WITH RESPECT TO THE PURCHASE OF PE-2
TROLEUM PRODUCTS AND UNMANNED AER-3
IAL VEHICLES FROM IRAN. 4
Section 1245(d) of the National Defense Authoriza-5
tion Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) is 6
amended— 7
(1) by redesignating paragraph (5) as para-8
graph (6); and 9
(2) by inserting after paragraph (4) the fol-10
lowing new paragraph: 11
‘‘(5) A
PPLICABILITY OF SANCTIONS WITH RE -12
SPECT TO CHINESE FINANCIAL INSTITUTIONS .— 13
‘‘(A) I
N GENERAL.—For the purpose of 14
paragraph (1)(A), a ‘significant financial trans-15
action’ includes any transaction— 16
‘‘(i) by a Chinese financial institution 17
(without regard to the size, number, fre-18
quency, or nature of the transaction) in-19
volving the purchase of petroleum or petro-20
leum products from Iran; and 21
‘‘(ii) by a foreign financial institution 22
(without regard to the size, number, fre-23
quency, or nature of the transaction) in-24
volving the purchase of Iranian unmanned 25
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aerial vehicles (UAVs), UAV parts, or re-1
lated systems. 2
‘‘(B) D
ETERMINATION REQUIRED .—Not 3
later than 180 days after the date of the enact-4
ment of this paragraph and every year there-5
after for 5 years, the President shall— 6
‘‘(i) determine whether any— 7
‘‘(I) Chinese financial institution 8
has engaged in a significant financial 9
transaction as described in paragraph 10
(1)(A)(i); and 11
‘‘(II) financial institution has en-12
gaged in a significant financial trans-13
action as described in paragraph 14
(1)(A)(ii); and 15
‘‘(ii) transmit the determination under 16
clause (i) to the Committee on Financial 17
Services of the House of Representatives 18
and the Committee on Banking, Housing, 19
and Urban Affairs of the Senate.’’. 20
DIVISION P—BUDGETARY 21
EFFECTS 22
SEC. 1. BUDGETARY EFFECTS. 23
(a) S
TATUTORYPAYGO SCORECARDS.—The budg-24
etary effects of division A and each subsequent division 25
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of this Act shall not be entered on either PAYGO score-1
card maintained pursuant to section 4(d) of the Statutory 2
Pay-As-You-Go Act of 2010. 3
(b) S
ENATEPAYGO SCORECARDS.—The budgetary 4
effects of division A and each subsequent division of this 5
Act shall not be entered on any PAYGO scorecard main-6
tained for purposes of section 4106 of H. Con. Res. 71 7
(115th Congress). 8
(c) C
LASSIFICATION OF BUDGETARYEFFECTS.— 9
Notwithstanding Rule 3 of the Budget Scorekeeping 10
Guidelines set forth in the joint explanatory statement of 11
the committee of conference accompanying Conference Re-12
port 105–217 and section 250(c)(8) of the Balanced 13
Budget and Emergency Deficit Control Act of 1985, the 14
budgetary effects of division A and each subsequent divi-15
sion of this Act shall not be estimated— 16
(1) for purposes of section 251 of such Act; 17
(2) for purposes of an allocation to the Com-18
mittee on Appropriations pursuant to section 302(a) 19
of the Congressional Budget Act of 1974; and 20
(3) for purposes of paragraph (4)(C) of section 21
3 of the Statutory Pay-As-You-Go Act of 2010 as 22
being included in an appropriation Act. 23
Æ
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