I 118TH CONGRESS 1ST SESSION H. R. 3095 To impose sanctions with respect to foreign persons that support or conduct certain transactions with Iran’s Revolutionary Guard Corps or other sanctioned persons, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 5, 2023 Mr. JAMES (for himself, Mr. HERN, and Mr. FALLON) introduced the fol- lowing bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Ac- countability, the Judiciary, and Ways and Means, for a period to be sub- sequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions with respect to foreign persons that support or conduct certain transactions with Iran’s Revo- lutionary Guard Corps or other sanctioned persons, 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 ‘‘Address Iran’s Malign 4 Posture Act’’. 5 VerDate Sep 11 2014 00:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3095.IH H3095 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3095 IH SEC. 2. SANCTIONS WITH RESPECT TO FOREIGN PERSONS 1 THAT SUPPORT OR CONDUCT CERTAIN 2 TRANSACTIONS WITH IRAN’S REVOLU- 3 TIONARY GUARD CORPS OR OTHER SANC- 4 TIONED PERSONS. 5 (a) IDENTIFICATION.—Section 302(a)(1) of the Iran 6 Threat Reduction and Syria Human Rights Act of 2012 7 (22 U.S.C. 8742(a)(1))— 8 (1) in subparagraph (B)— 9 (A) by inserting ‘‘, provide significant fi- 10 nancial services to, or provide material support 11 to’’ after ‘‘transactions with’’; and 12 (B) by striking ‘‘or’’ at the end; 13 (2) in subparagraph (C)— 14 (A) in the matter preceding clause (i), by 15 inserting ‘‘, provide significant financial services 16 to, or provide material support to’’ after ‘‘trans- 17 actions with’’; 18 (B) in clause (i), by striking ‘‘or’’ at the 19 end; and 20 (C) by striking clause (ii) and inserting the 21 following: 22 ‘‘(ii) a person or entity designated as 23 foreign terrorist organizations under sec- 24 tion 219(a) of the Immigration and Na- 25 tionality Act (8 U.S.C. 1189(a)) or that 26 VerDate Sep 11 2014 00:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3095.IH H3095 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3095 IH has provided support for an act of inter- 1 national terrorism (as defined in section 14 2 of the Iran Sanctions Act of 1996 (Public 3 Law 104–172; 50 U.S.C. 1701 note)); or 4 ‘‘(iii) a foreign person whose property 5 and access to property has been blocked 6 pursuant to Executive Order 13224 (Sep- 7 tember 23, 2001; relating to blocking prop- 8 erty and prohibiting transactions with per- 9 sons who commit, threaten to commit, or 10 support terrorism); or’’; and 11 (3) by adding at the end the following: 12 ‘‘(D) a person acting on behalf of or at the 13 direction of, or owned or controlled (as that 14 term is defined in section 301) by, a person de- 15 scribed in subparagraph (A), (B), or (C).’’. 16 (b) IMPOSITION OF SANCTIONS.—Section 302(b) of 17 the Iran Threat Reduction and Syria Human Rights Act 18 of 2012 (22 U.S.C. 8742(b)) is amended by striking ‘‘the 19 President—’’ and all that follows and inserting ‘‘the Presi- 20 dent shall block and prohibit all transactions in property 21 and interests in property with respect to such foreign per- 22 son if such property and interests in property are in the 23 United States, come within the United States, or are or 24 VerDate Sep 11 2014 00:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3095.IH H3095 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3095 IH come within the possession or control of a United States 1 person.’’. 2 (c) WAIVER OF IMPOSITION OF SANCTIONS.—Section 3 302(d) of the Iran Threat Reduction and Syria Human 4 Rights Act of 2012 (22 U.S.C. 8742(d)) is amended by 5 adding at the end the following: 6 ‘‘(3) SUNSET.—The provisions of this sub- 7 section and any waivers issued pursuant to this sub- 8 section shall terminate at the close of December 31, 9 2025.’’. 10 (d) WAIVER OF IDENTIFICATIONS AND DESIGNA- 11 TIONS.—Section 302(e) of the Iran Threat Reduction and 12 Syria Human Rights Act of 2012 (22 U.S.C. 8742(e)) is 13 amended— 14 (1) by striking ‘‘Notwithstanding’’ and insert- 15 ing the following: 16 ‘‘(1) IN GENERAL.—Notwithstanding’’; 17 (2) by striking ‘‘(1) determines’’ and inserting 18 the following: 19 ‘‘(A) determines’’; 20 (3) by striking ‘‘(2) notifies’’ and inserting the 21 following: 22 ‘‘(B) notifies’’; and 23 (4) by adding at the end the following: 24 VerDate Sep 11 2014 00:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3095.IH H3095 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3095 IH ‘‘(2) SUNSET.—The provisions of this sub- 1 section and any waivers issued pursuant to this sub- 2 section shall terminate at the close of December 31, 3 2025.’’. 4 (e) APPLICATION OF PROVISIONS OF IRAN SANC- 5 TIONS ACT OF 1996.—Section 302(f) of the Iran Threat 6 Reduction and Syria Human Rights Act of 2012 (22 7 U.S.C. 8742(f)) is amended— 8 (1) by striking ‘‘The following provisions’’ and 9 inserting the following: 10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 11 the following provisions’’; 12 (2) by redesignating paragraphs (1) through 13 (8) as subparagraphs (A) through (H), respectively, 14 and moving the margins 2 ems to the right; and 15 (3) by adding at the end the following: 16 ‘‘(2) SUNSET.—Sections 4(c) and 9(c) of the 17 Iran Sanctions Act of 1996 shall not apply with re- 18 spect to the imposition under subsection (b)(1) of 19 sanctions relating to activities described in sub- 20 section (a)(1), in accordance with the provision of 21 paragraph (1) of this subsection, after December 31, 22 2025.’’. 23 VerDate Sep 11 2014 00:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3095.IH H3095 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3095 IH SEC. 3. AGREEMENTS RELATED TO NUCLEAR PROGRAM OF 1 IRAN DEEMED TREATIES SUBJECT TO AD- 2 VICE AND CONSENT OF THE SENATE. 3 (a) TREATY SUBJECT TO ADVICE AND CONSENT OF 4 THE SENATE.—Notwithstanding any other provision of 5 law, any agreement reached by the President with Iran 6 relating to the nuclear program of Iran is deemed to be 7 a treaty that is subject to the requirements of article II, 8 section 2, clause 2 of the Constitution of the United States 9 requiring that the treaty is subject to the advice and con- 10 sent of the Senate, with two-thirds of Senators concurring. 11 (b) LIMITATION ON SANCTIONS RELIEF.—Notwith- 12 standing any other provision of law, the President may 13 not waive, suspend, reduce, provide relief from, or other- 14 wise limit the application of sanctions under any other 15 provision of law or refrain from applying any such sanc- 16 tions pursuant to an agreement related to the nuclear pro- 17 gram of Iran that includes the United States, unless the 18 agreement is subject to the advice and consent of the Sen- 19 ate as a treaty and receives the concurrence of two-thirds 20 of Senators. 21 Æ VerDate Sep 11 2014 00:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3095.IH H3095 kjohnson on DSK79L0C42PROD with BILLS