H.R.850 - Nuclear Iran Prevention Act of 2013113th Congress (2013-2014)
Summary: H.R.850 — 113th Congress (2013-2014)
Passed House amended (07/31/2013)
Nuclear Iran Prevention Act of 2013 - (Sec. 2) States that it shall be U.S. policy to prevent Iran from acquiring a nuclear weapons capability.
Title I: Human Rights and Terrorism Sanctions - (Sec. 101) Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to subject to mandatory sanctions a foreign financial institution that facilitates a significant transaction or provides significant financial services for a person that: (1) is subject to human rights-related sanctions, or (2) exports sensitive technology to Iran and is subject to the prohibition on procurement contracts.
(Sec. 102) Expands specified requirements regarding the identification of countries that allow the diversion of certain goods, services, and technologies to Iran.
Authorizes the President to impose restrictions on U.S. foreign assistance under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if such restrictions would prevent the transfer of U.S.-origin goods, services, and technology to Iran.
Prohibits the imposition of sanctions on the importation of goods.
(Sec. 103) Directs the Secretary of State (Secretary) to determine if Iran's Revolutionary Guard Corps (IRGC) meets the criteria for designation as a foreign terrorist organization and: (1) if so, designate the IRGC as a foreign terrorist organization; and (2) if not, report to Congress concerning those criteria which have not been met.
(Sec. 104) Amends the Iran Threat Reduction and Syria Human Rights Act of 2012 to expand the list of Iranian government officials who are responsible for human rights violations, censorship, and the diversion of food, medicine, and other goods destined for the people of Iran.
Expresses the sense of Congress that the President should impose sanctions on such persons, and identify and impose sanctions on other senior Iranian officials who are complicit in human rights violations.
(Sec. 105) Expresses the sense of Congress that: (1) the Iranian people are deprived by their government of free and credible elections; (2) the United States should support freedom, human rights, civil liberties, free elections, and the rule of law in Iran; and (3) the United States should support the people of Iran in their peaceful calls for a democratic government.
(Sec. 106) Expresses the sense of Congress that the Secretary should designate a Special Coordinator in the Bureau of Near Eastern Affairs to facilitate the advancement of human rights and political participation for women in Iran, as well as to identify Iranian officials who were involved in violating the human rights of women.
Title II: Economic and Financial Sanctions - Subtitle A: Amendments to Iran Sanctions Act of 1996 - (Sec. 201) Amends the Iran Sanctions Act of 1996 to direct the President to impose specified sanctions on a person who knowingly transferred to Iran goods, services, or technology that would materially contribute to Iran's ability to mine or mill uranium.
(Sec. 202) Eliminates presidential waiver authority with respect to the application of sanctions against persons who aid Iran's weapons of mass destruction (WMD) or other military programs.
Subtitle B: Amendments to Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 - (Sec. 211) Amends the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010 to: (1) increase the range of sanctions and require that sanctions be applied against a person that exports sensitive technology to Iran, and (2) apply the sanctions to persons owned or controlled by a person that provides such technology.
(Sec. 212) Expresses the sense of Congress that the United States should respect state or local decisions to divest from or prohibit the investment of assets, prohibit the issuance of business licenses, and impose transparency requirements on a person that is subject to sanctions.
Authorizes a state or local government with respect to a person subject to specified sanctions to: (1) divest assets from such person, (2) prohibit investment of assets in such person, or (3) impose transparency requirements on such person.
(Sec. 213) Expresses the sense of Congress that the President should continue to cooperate with the European Union (EU) and its member states to restrict access to and use of the euro currency by Iran and its agencies and instrumentalities, with exceptions for food, medicine, medical devices, and agricultural commodities.
(Sec. 214) Amends the Iran Threat Reduction and Syria Human Rights Act of 2012 to: (1) direct the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in this Act; and (2) authorize the President to impose sanctions pursuant to the International Emergency Economic Powers Act with respect to any other person described in this Act.
Describes such person as a person that knowingly: (1) conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating with, for, or on behalf of the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions, or a person that is involved in the strategic sectors of Iran; or (2) conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in clause (1).
Authorizes the President to waive the provisions of this Act for reasons of U.S. national security. Requires congressional notification at least seven days prior to a waiver or waiver renewal.
Excludes from such sanctions transactions for the sale of agricultural commodities, food, medicine or medical devices to Iran.
(Sec. 215) Authorizes the President to impose sanctions on a foreign person that knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated for sanctions pursuant to the International Emergency Economic Powers Act, for the purchase of goods or services: (1) by a person in Iran or on behalf of a person in Iran, or (2) from a person in Iran or on behalf of a person in Iran.
Prohibits sanctions to be imposed on the importation of goods.
States that nothing in this section shall be construed to affect the imposition of sanctions on a financial transaction for the purchase of petroleum or petroleum products from Iran under the National Defense Authorization Act for Fiscal Year 2012.
Authorizes the President to not impose sanctions on a foreign person if the country with primary jurisdiction over such person has, during a specified 60-day period, significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran.
Prohibits the imposition of sanctions on transactions for agricultural commodities, food, medicine, or medical devices.
Subtitle C: Other Matters - (Sec. 221) Amends the National Defense Authorization Act for Fiscal Year 2012 to require that a country purchasing Iranian oil reduce such purchases by one million barrels per day within one year in order to obtain a "significant reduction" exemption from sanctions. (Thus permitting it to continue to purchase Iranian oil.)
Exempts a country from such ineligibility if it has: (1) dramatically reduced its crude oil purchases from Iran or of Iranian origin during such one-year period, and (2) and committed itself to continue to reduce such crude oil purchases to a de minimis level.
Defines "crude oil" to include unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil.
Amends the definition of "significant reductions" to include both price and volume.
(Sec. 222) Amends the National Defense Authorization Act for Fiscal Year 2013 to include the automotive, mining, construction, and engineering sectors as sectors in Iran that are facilitating Iran's nuclear proliferation activities.
Designates, in lieu of current entities, entities that operate special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern.
Directs the President to block the property of entities that operate special economic zones or free economic zones, and entities in strategic sectors.
Defines "strategic sector" as: (1) the energy, shipping, shipbuilding, automotive, or mining sector of Iran; and (2) the construction or engineering sector of Iran if the President determines and reports to Congress that the construction or engineering sector of Iran is of strategic importance.
Limits the sanction exception for reconstruction or economic assistance to Afghanistan to one-year renewable periods.
(Sec. 223) Directs the President to report to Congress every 90 days with respect to each presidential determination (during the preceding 90-day period) not to impose sanctions on a person who allegedly sells, supplies, or transfers precious metals to or from Iran.
(Sec. 224) Directs the President to impose specified sanctions on a foreign financial institution, including a foreign central bank, that knowingly facilitated a significant financial transaction on behalf of any person owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control.
Expresses the sense of Congress that the President should routinely determine those persons included on such list.
(Sec. 225) Repeals certain sanction exemption provisions under the National Defense Authorization Act for Fiscal Year 2013.
(Sec. 226) Modifies the Federal Acquisition Regulation to require each person that is a prospective contractor to certify that such person, and any person under common ownership or control with such person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act.
Requires a minimum two-year debarment or suspension from federal contract eligibility for a false certification.
Authorizes the President to waive the certification requirement for U.S. national security purposes.
(Sec. 227) Amends the Ports and Waterways Safety Act to prohibit any foreign vessel from entering or operating in U.S. navigable waters or transferring cargo in any port or place under U.S. jurisdiction if such vessel is a foreign vessel: (1) on a specified list of vessels owned or operated by or on behalf of the National Iran Tanker Company, the Islamic Republic of Iran Shipping Line, or any successor entity, or otherwise owned or operated by or on behalf of Iran; and (2) registered by a government that maintains a registration of a listed vessel.
Denies access to the United States to all ships of a country that allows Iranian-owned or -operated vessels to be registered under such country's registry if more than 180 days after such list's publication the government continues to maintain a registration for a listed vessel.
States that this section shall not be construed to restrict the right of innocent passage.
Title III: Additional Authorities to Prevent Censorship in Iran - (Sec. 301) Directs the Secretary to report to Congress on the Islamic Republic of Iran Broadcasting (IRIB), including its satellite availability, entities that facilitate its operation, the broadcasting of forced confessions and hate speech, and its jamming of U.S. and European broadcasts.
Requires that all unclassified portions of such report be made publicly available on the Department of State website.
(Sec. 302) Directs the Secretary of Commerce, in conjunction with the Secretary and the Secretary of the Treasury, to make publicly available every 90 days a list of persons who are high-risk re-exporters of sensitive technologies in order to ensure that Iran or an owned or controlled entity is unable to obtain sensitive technologies through third-party re-export of such technologies.
(Sec. 303) Expresses the sense of Congress that: (1) those that provide intercept technologies that limit freedom of speech to the government of Iran should be held accountable for the repression of the Iranian people, and (2) no person should use an existing contract with the government of Iran as a justification to supply it with intercept technologies.
(Sec. 304) Expresses the sense of Congress that the Department of State should: (1) encourage the free flow of information in Iran to counter the government of Iran's repression of its own people, and (2) ensure that certain consumer communication technologies are available to the Iranian people to facilitate the free flow of information in Iran.
(Sec. 305) Amends the Iran Threat Reduction and Syria Human Rights Act of 2012 to include in the Office of Foreign Assets Control's expedited authorization process the transfer of goods and services to Iran to facilitate the ability of people to communicate and access the Internet and other communications systems.
Title IV: Reports and Other Matters - (Sec. 401) Directs the President to: (1) develop a National Strategy on Iran that provides strategic guidance for addressing threats posed by Iran, and (2) submit such Strategy to Congress each year.
(Sec. 402) Directs the President to report to Congress every 60 days regarding the Iranian nuclear timetable and related Iranian strategy, and the projected economic effects of international sanctions on Iran.
(Sec. 403) Directs the President to report to Congress on the feasibility of banning the entry of products that contain Iranian-origin petroleum and petroleum products as part of their content into the United States.
(Sec. 404) Requires the Government Accountability Office (GAO) to report to Congress regarding Iran's strategy to evade current economic and financial sanctions, including its ability to lessen the impact of economic and financial sanctions by diversifying its economy beyond the energy sector.
(Sec. 405) Authorizes the consolidation of certain Iran sanctions-related reports into a single annual report to Congress.
(Sec. 407) States nothing in this Act shall be construed to apply to: (1) certain activities under the Iran Threat Reduction and Syria Human Rights Act of 2012, or (2) any authorized U.S. intelligence activity.
(Sec. 408) Provides the President with specified authority under the International Emergency Economic Powers Act to implement the provisions of this Act, including the application of certain civil and criminal penalties.
(Sec. 409) States that if any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.