[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3243 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3243
To impose sanctions with respect to Iranian persons who engage in
politically-motivated harassment, abuse, extortion, or extended
detention or trial of individuals in Iran, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 19, 2018
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to Iranian persons who engage in
politically-motivated harassment, abuse, extortion, or extended
detention or trial of individuals in Iran, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Hostage Act''.
SEC. 2. UNITED STATES POLICY ON HOSTAGE-TAKING BY THE GOVERNMENT OF
IRAN.
(a) Findings.--Congress finds the following:
(1) Since 1979 the Iranian regime has engaged in various
destabilizing activities that undermine the national security
of the United States and its allies and partners.
(2) Those activities include the hostage-taking or
prolonged unlawful or wrongful detentions of United States
citizens and lawful permanent resident aliens with significant
ties to the United States.
(3) The Iranian regime has detained on fabricated claims a
significant number of United States citizens, including Siamak
and Baquer Namazi and Xiyue Wang, as well as United States
legal permanent resident, Nizar Zakka, in violation of
international legal norms.
(4) The Iranian regime has not provided information on the
whereabouts of or assistance in ensuring the prompt and safe
return of Robert Levinson, despite repeated promises to do so,
after he was kidnapped while visiting Iran's Kish Island on
March 9, 2007--making him the longest held hostage in United
States history.
(5) The Iranian regime reportedly uses hostages as leverage
against foreign investors to exact business concessions in
foreign investment deals.
(6) The type of hostage-taking enterprise put in place by
the Iranian regime is a crime against humanity and a violation
of customary international law.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should fully utilize all
necessary and appropriate measures to prevent the Iranian
regime from engaging in hostage-taking or the prolonged
unlawful or wrongful detention of United States citizens or
lawful permanent resident aliens with significant ties to the
United States, to include--
(A) the use of extradition to try and convict those
individuals responsible for ordering or controlling the
hostage-taking or unlawful or wrongful detention of
United States citizens; and
(B) the use of the Human Rights Violators and War
Crimes Center of the Department of Homeland Security to
target such individuals; and
(2) the United States should encourage its allies and other
affected countries to pursue the criminal prosecution and
extradition of state and non-state actors in Iran that assist
in or benefit from such hostage-taking to prevent such state
and non-state actors from engaging in that practice in the
future.
(c) Statement of Policy.--It is the policy of the United States
Government not to pay ransom for the purpose of securing the release of
United States citizens or lawful permanent resident aliens taken
hostage abroad.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO IRANIAN PERSONS WHO
ENGAGE IN CERTAIN ACTIONS AGAINST UNITED STATES CITIZENS
OR LAWFUL PERMANENT RESIDENTS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should coordinate with allies of the United States and other
allies and partners whose citizens may be subject to politically-
motivated detention or trial in Iran to apply sanctions against Iranian
persons that are responsible for or complicit in, or responsible for
ordering, controlling, or otherwise directing, such detention or trial.
(b) In General.--Title I of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8511 et seq.) is
amended by inserting after section 105C (22 U.S.C. 8514c) the
following:
``SEC. 105D. IMPOSITION OF SANCTIONS WITH RESPECT TO IRANIAN PERSONS
WHO ENGAGE IN CERTAIN ACTIONS AGAINST UNITED STATES
CITIZENS OR LAWFUL PERMANENT RESIDENTS.
``(a) In General.--The President shall impose sanctions described
in section 105(c) with respect to each person on the list required by
subsection (b).
``(b) List of Iranian Persons Who Engage in Certain Actions Against
United States Citizens or Lawful Permanent Residents.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Iran Hostage Act, the President shall
submit to the appropriate congressional committees a list of
Iranian persons that the President determines are knowingly
responsible for or complicit in, or responsible for ordering or
otherwise directing, the politically-motivated harassment,
abuse, extortion, arrest, trial, conviction, sentencing, or
imprisonment of citizens of the United States or lawful
permanent resident aliens with significant ties to the United
States, regardless of whether such actions occurred in Iran.
``(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
``(A) each time the President is required to submit
an updated list to those committees under section
105(b)(2)(A); and
``(B) as new information becomes available.
``(3) Form of report; public availability.--
``(A) Form.--The list required by paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
``(B) Public availability.--The unclassified
portion of the list required by paragraph (1) shall be
made available to the public and posted on the websites
of the Department of the Treasury and the Department of
State.
``(c) Application of Sanctions to Family Members.--
``(1) In general.--The President may impose sanctions
described in paragraph (2) with respect to each person that is
a family member of any person on the list required by
subsection (b).
``(2) Aliens ineligible for visas, admission, or parole.--
``(A) Visas, admission, or parole.--If the
President imposes sanctions described in this
paragraph, an alien who the Secretary of State or the
Secretary of Homeland Security (or a designee of one of
such Secretaries) knows, or has reason to believe, is a
family member of any person on the list required by
subsection (b) is--
``(i) inadmissible to the United States;
``(ii) ineligible to receive a visa or
other documentation to enter the United States;
and
``(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
``(B) Current visas revoked.--
``(i) In general.--If the President imposes
sanctions described in this paragraph, the
issuing consular officer, the Secretary of
State, or the Secretary of Homeland Security
(or a designee of one of such Secretaries)
shall revoke any visa or other entry
documentation issued to an alien who is a
family member of any person on the list
required by subsection (b) regardless of when
issued.
``(ii) Effect of revocation.--A revocation
under clause (i)--
``(I) shall take effect
immediately; and
``(II) shall automatically cancel
any other valid visa or entry
documentation that is in the alien's
possession.
``(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (2) shall not apply to an
alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
``(4) Definition of family member.--In this subsection, the
term `family member' means, with respect to an individual--
``(A) a spouse, child, parent, sibling, grandchild,
or grandparent of the individual; and
``(B) a child, parent, or sibling of the spouse of
the individual.
``(d) Termination of Sanctions.--The provisions of this section
shall terminate on the date that is 30 days after the date on which the
President--
``(1) determines and certifies to the appropriate
congressional committees that the Government of Iran is no
longer complicit in or responsible for the wrongful and
unlawful detention of United States citizens or lawful
permanent resident aliens with significant ties to the United
States; and
``(2) transmits to the appropriate congressional committees
the certification described in section 105(d).''.
(c) Clerical Amendment.--The table of contents for the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 is amended by inserting after the item relating to section 105C
the following new item:
``Sec. 105D. Imposition of sanctions with respect to Iranian persons
who engage in certain actions against
United States citizens or lawful permanent
residents.''.
(d) Amendments to General Provisions.--Section 401 of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (22 U.S.C. 8551) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``and 305'' and inserting ``, 105D, and 305'';
and
(2) in subsection (b)(1)--
(A) by striking ``or 105C(a)'' and inserting
``105C(a), or 105D(a)''; and
(B) by striking ``or 105C(b)'' and inserting
``105C(b), or 105D(b)''.
<all>