Countering Iran's Destabilizing Activities Act of 2017

To impose sanctions with respect to Iran in relation to Iran's ballistic missile program, support for acts of international terrorism, and violations of human rights, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Countering Iran’s Destabilizing Activities Act of 2017 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Regional strategy for countering conventional and asymmetric Iranian threats in the Middle East and North Africa. Sec. 4. Imposition of additional sanctions in response to Iran’s ballistic missile program. Sec. 5. Imposition of terrorism-related sanctions with respect to the IRGC. Sec. 6. Imposition of additional sanctions with respect to persons responsible for human rights abuses. Sec. 7. Enforcement of arms embargos. Sec. 8. Continuation in effect of sanctions for Iranian support relating to terrorism. Sec. 9. Report on coordination of sanctions between the United States and the European Union. Sec. 10. Report on United States citizens detained by Iran. Sec. 11. Exceptions for national security and humanitarian assistance; rule of construction. Sec. 12. Presidential waiver authority. 2. Definitions In this Act: (1) Act of international terrorism The term act of international terrorism Public Law 104–172 50 U.S.C. 1701 (2) Appropriate congressional committees The term appropriate congressional committees Public Law 104–172 50 U.S.C. 1701 (3) Foreign person The term foreign person (4) Iranian person The term Iranian person (A) an individual who is a citizen or national of Iran; or (B) an entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran. (5) IRGC The term IRGC (6) Knowingly The term knowingly Public Law 104–172 50 U.S.C. 1701 (7) Person The term person (8) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. Regional strategy for countering conventional and asymmetric Iranian threats in the Middle East and North Africa (a) In general Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, and the Director of National Intelligence shall jointly develop and submit to the appropriate congressional committees a strategy for deterring conventional and asymmetric Iranian activities and threats that directly threaten the United States and key allies in the Middle East, North Africa, and beyond. (b) Elements The strategy required by subsection (a) shall include at a minimum the following: (1) A summary of the near- and long-term United States objectives, plans, and means for countering Iran’s destabilizing activities, including identification of countries that share the objective of countering Iran’s destabilizing activities. (2) A summary of the capabilities and contributions of individual countries to shared efforts to counter Iran’s destabilizing activities, and a summary of additional actions or contributions that each country could take to further contribute. (3) An assessment of Iran’s conventional force capabilities and an assessment of Iran’s plans to upgrade its conventional force capabilities, including its acquisition, development, and deployment of ballistic and cruise missile capabilities, unmanned aerial vehicles, and maritime offensive and anti-access or area denial capabilities. (4) An assessment of Iran’s chemical and biological weapons capabilities and an assessment of Iranian plans to upgrade its chemical or biological weapons capabilities. (5) An assessment of Iran’s asymmetric activities in the region, including— (A) the size, capabilities, and activities of the IRGC, including the Quds Force; (B) the size, capabilities, and activities of Iran’s cyber operations; (C) the types and amount of support, including funding, lethal and nonlethal contributions, and training, provided to Hezbollah, Hamas, special groups in Iraq, the regime of Bashar al-Assad in Syria, Houthi fighters in Yemen, and other violent groups across the Middle East; and (D) the scope and objectives of Iran’s information operations and use of propaganda. (6) A summary of United States actions, unilaterally and in cooperation with foreign governments, to counter destabilizing Iranian activities, including— (A) interdiction of Iranian lethal arms bound for groups designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (B) Iran’s interference in international commercial shipping lanes; (C) attempts by Iran to undermine or subvert internationally recognized governments in the Middle East region; and (D) Iran’s support for the regime of Bashar al-Assad in Syria, including— (i) financial assistance, military equipment and personnel, and other support provided to that regime; and (ii) support and direction to other armed actors that are not Syrian or Iranian and are acting on behalf of that regime. (c) Form of strategy The strategy required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 4. Imposition of additional sanctions in response to Iran’s ballistic missile program (a) In general The President shall impose the sanctions described in subsection (b) with respect to any person that the President determines, on or after the date of the enactment of this Act— (1) has engaged in any activity that has materially contributed, or poses a risk of materially contributing, to the activities of the Government of Iran with respect to its ballistic missile program, or any other program in Iran for developing, deploying, or maintaining systems capable of delivering weapons of mass destruction, including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such capabilities; (2) is a successor entity to a person referred to in paragraph (1); (3) owns or controls, is owned or controlled by, or is under common ownership or control with, a person referred to in paragraph (1); (4) is acting for or on behalf of a person referred to in paragraph (1), (2), or (3); or (5) has knowingly provided, or attempted to provide, financial, material, technological, or other support for, or goods or services in support of, a person referred to in paragraph (1), (2), (3), or (4). (b) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The President shall block, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (2) Exclusion from united states The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (c) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (d) Report on contributions to Iran’s ballistic missile program (1) In general Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report describing each person that— (A) has, during the period specified in paragraph (2), conducted any activity that has materially contributed, or poses a risk of materially contributing, to the activities of the Government of Iran with respect to its ballistic missile program, or any other program in Iran for developing, deploying, or maintaining systems capable of delivering weapons of mass destruction, including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such capabilities; (B) is a successor entity to a person referred to in subparagraph (A); (C) owns or controls, is owned or controlled by, or is under common ownership or control with, a person referred to in subparagraph (A); (D) is acting for or on behalf of a person referred to in subparagraph (A), (B), or (C); or (E) is known or believed to have provided, or attempted to provide, during the period specified in paragraph (2), financial, material, technological, or other support for, or goods or services in support of, any material contribution to a program described in subparagraph (A) carried out by a person described in subparagraph (A), (B), (C), or (D). (2) Period specified The period specified in this paragraph is— (A) in the case of the first report submitted under paragraph (1), the period beginning on July 14, 2015, and ending on the date the report is submitted; and (B) in the case of a subsequent such report, the 180-day period preceding the submission of the report. (3) Form of report Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. 5. Imposition of terrorism-related sanctions with respect to the IRGC (a) Findings Congress makes the following findings: (1) The IRGC is subject to sanctions pursuant to Executive Order 13382 ( 50 U.S.C. 1701 22 U.S.C. 8501 50 U.S.C. 1701 50 U.S.C. 1701 (2) The Iranian Revolutionary Guard Corps-Qods Force (in this section referred to as the IRGC–QF 50 U.S.C. 1701 (3) The IRGC, not just the IRGC–QF, is responsible for implementing Iran’s international program of destabilizing activities, support for acts of international terrorism, and ballistic missile program. (b) In general Beginning on the date that is 90 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (c) with respect to the IRGC and foreign persons that are officials, agents, or affiliates of the IRGC. (c) Sanctions described The sanctions described in this subsection are sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 ( 50 U.S.C. 1701 6. Imposition of additional sanctions with respect to persons responsible for human rights abuses (a) In general Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a list of each person the Secretary determines, based on credible evidence— (1) has been responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in Iran who seek— (A) to expose illegal activity carried out by officials of the Government of Iran; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; and (2) has acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1). (b) Sanctions described (1) In general The President may, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) or any regulation, license, or order issued to carry out paragraph (1) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 7. Enforcement of arms embargos (a) In general Except as provided in subsection (d), the President shall impose the sanctions described in subsection (b) with respect to any person that— (1) engages in any activity that materially contributes to the supply, sale, or transfer directly or indirectly to or from Iran, or for the use in or benefit of Iran, of any battle tanks, armored combat vehicles, large caliber artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems, as defined for the purpose of the United Nations Register of Conventional Arms, or related materiel, including spare parts; or (2) provides to Iran any technical training, financial resources or services, advice, other services or assistance related to the supply, sale, transfer, manufacture, maintenance, or use of arms and related materiel described in paragraph (1). (b) Sanctions described (1) Blocking of property The President shall block, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (2) Exclusion from United States The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (c) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (d) Exception The President is not required to impose sanctions under subsection (a) with respect to a person for engaging in an activity described in that subsection if the President certifies to the appropriate congressional committees that— (1) permitting the activity is in the national security interest of the United States; (2) Iran no longer presents a significant threat to the national security of the United States and to the allies of the United States; and (3) the Government of Iran has ceased providing operational or financial support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism. (e) State sponsor of terrorism defined In this section, the term state sponsor of terrorism (1) section 6(j)(1)(A) of the Export Administration Act of 1979 ( 50 U.S.C. 4605(j)(1)(A) 50 U.S.C. 1701 (2) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) (3) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) (4) any other provision of law. 8. Continuation in effect of sanctions for Iranian support relating to terrorism (a) In general United States sanctions imposed with respect to a person under Executive Order 13382 ( 50 U.S.C. 1701 50 U.S.C. 1701 (b) Activities described An activity described in this subsection is— (1) any activity that materially contributes to the activities of the Government of Iran with respect to its ballistic missile program; or (2) support by the Government of Iran for acts of international terrorism. (c) Certification (1) In general A certification described in this subsection is a certification that the person with respect to which sanctions were imposed under Executive Order 13382 or Executive Order 13224 has not, during the 3-month period immediately preceding the date of the certification, provided support for or otherwise facilitated or engaged in any activity described in subsection (b). (2) Submission to congress (A) In general The President shall submit the certification described in paragraph (1) to the appropriate congressional committees in writing and shall include a detailed justification for the certification. (B) Form of certification The certification described in paragraph (1) shall be submitted in unclassified form but may include a classified annex. (d) Reimposition If sanctions are suspended with respect to a person under this section, such sanctions shall be reinstated if the President determines that the person has resumed any activity described in subsection (b). 9. Report on coordination of sanctions between the United States and the European Union (a) In general Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that includes the following: (1) A description of each instance, during the period specified in subsection (b)— (A) in which the United States has imposed sanctions with respect to a person for activity related to the proliferation of weapons of mass destruction or delivery systems for such weapons to or by Iran, support for acts of international terrorism by Iran, or human rights abuses in Iran, but in which the European Union has not imposed corresponding sanctions; and (B) in which the European Union has imposed sanctions with respect to a person for activity related to the proliferation of weapons of mass destruction or delivery systems for such weapons to or by Iran, support for acts of international terrorism by Iran, or human rights abuses in Iran, but in which the United States has not imposed corresponding sanctions. (2) An explanation for the reason for each discrepancy between sanctions imposed by the European Union and sanctions imposed by the United States described in subparagraphs (A) and (B) of paragraph (1). (b) Period specified The period specified in this subsection is— (1) in the case of the first report submitted under subsection (a), the period beginning on September 1, 2009, and ending on the date the report is submitted; and (2) in the case of a subsequent such report, the 180-day period preceding the submission of the report. (c) Form of report The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 10. Report on United States citizens detained by Iran (a) In general Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on United States citizens, including United States citizens who are also citizens of other countries, detained by Iran or groups supported by Iran that includes— (1) information regarding any officials of the Government of Iran involved in any way in the detentions; and (2) a summary of efforts the United States Government has taken to secure the swift release of those United States citizens. (b) Form of report The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 11. Exceptions for national security and humanitarian assistance; rule of construction (a) In general The following activities shall be exempt from sanctions under sections 4, 5, 6, and 7: (1) Any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 (2) The admission of an alien to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967. (3) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran, including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes, transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes, and having merely incidental contact, in the course of providing humanitarian assistance or aid for humanitarian purposes, with individuals who are under the control of a foreign person subject to sanctions under this Act. (b) Definitions In this section: (1) Agricultural commodity The term agricultural commodity 7 U.S.C. 5602 (2) Medical device The term medical device device 21 U.S.C. 321 (3) Medicine The term medicine drug 21 U.S.C. 321 (c) Rule of construction Nothing in this Act shall be construed to limit the authority of the President to designate persons for the imposition of sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 12. Presidential waiver authority (a) Case-by-Case waiver authority (1) In general The President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under section 4, 5, 6, 7, or 8 to impose or maintain sanctions with respect to a person, and may waive the continued imposition of such sanctions, not less than 30 days after the President determines and reports to the appropriate congressional committees that it is vital to the national security interests of the United States to waive such sanctions. (2) Renewal of waivers The President may, on a case-by-case basis, renew a waiver under paragraph (1) for an additional period of not more than 180 days if, not later than 15 days before that waiver expires, the President makes the determination and submits to the appropriate congressional committees a report described in paragraph (1). (3) Successive renewal The renewal authority provided under paragraph (2) may be exercised for additional successive periods of not more than 180 days if the President follows the procedures set forth in paragraph (2), and submits the report described in paragraph (1), for each such renewal. (b) Contents of waiver reports Each report submitted under subsection (a) in connection with a waiver of sanctions under section 4, 5, 6, 7, or 8 with respect to a person, or the renewal of such a waiver, shall include— (1) a specific and detailed rationale for the determination that the waiver is vital to the national security interests of the United States; (2) a description of the activity that resulted in the person being subject to sanctions; (3) an explanation of the efforts made by the United States to secure the cooperation of the government with primary jurisdiction over the person or the location where the activity described in paragraph (2) occurred in terminating or, as appropriate, penalizing the activity; and (4) an assessment of the significance of the activity described in paragraph (2) in contributing to the ability of Iran to threaten the interests of the United States or allies of the United States, develop systems capable of delivering weapons of mass destruction, support acts of international terrorism, or violate the human rights of any person in Iran. (c) Effect of report on waiver If the President submits a report under subsection (a) in connection with a waiver of sanctions under section 4, 5, 6, 7, or 8 with respect to a person, or the renewal of such a waiver, the President shall not be required to impose or maintain sanctions under section 4, 5, 6, 7, or 8, as applicable, with respect to the person described in the report during the 30-day period referred to in subsection (a). 1. Short title; table of contents (a) Short title This Act may be cited as the Countering Iran’s Destabilizing Activities Act of 2017 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Regional strategy for countering conventional and asymmetric Iranian threats in the Middle East and North Africa. Sec. 4. Imposition of additional sanctions in response to Iran’s ballistic missile program. Sec. 5. Imposition of terrorism-related sanctions with respect to the IRGC. Sec. 6. Imposition of additional sanctions with respect to persons responsible for human rights abuses. Sec. 7. Enforcement of arms embargos. Sec. 8. Review of applicability of sanctions relating to Iran's support for terrorism and its ballistic missile program. Sec. 9. Report on coordination of sanctions between the United States and the European Union. Sec. 10. Report on United States citizens detained by Iran. Sec. 11. Exceptions for national security and humanitarian assistance; rule of construction. Sec. 12. Presidential waiver authority. 2. Definitions In this Act: (1) Act of international terrorism The term act of international terrorism Public Law 104–172 50 U.S.C. 1701 (2) Appropriate congressional committees The term appropriate congressional committees Public Law 104–172 50 U.S.C. 1701 (3) Foreign person The term foreign person (4) Iranian person The term Iranian person (A) an individual who is a citizen or national of Iran; or (B) an entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran. (5) IRGC The term IRGC (6) Knowingly The term knowingly Public Law 104–172 50 U.S.C. 1701 (7) United states person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. Regional strategy for countering conventional and asymmetric Iranian threats in the Middle East and North Africa (a) In general Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, and the Director of National Intelligence shall jointly develop and submit to the appropriate congressional committees a strategy for deterring conventional and asymmetric Iranian activities and threats that directly threaten the United States and key allies in the Middle East, North Africa, and beyond. (b) Elements The strategy required by subsection (a) shall include at a minimum the following: (1) A summary of the near- and long-term United States objectives, plans, and means for countering Iran’s destabilizing activities, including identification of countries that share the objective of countering Iran’s destabilizing activities. (2) A summary of the capabilities and contributions of individual countries to shared efforts to counter Iran’s destabilizing activities, and a summary of additional actions or contributions that each country could take to further contribute. (3) An assessment of Iran’s conventional force capabilities and an assessment of Iran’s plans to upgrade its conventional force capabilities, including its acquisition, development, and deployment of ballistic and cruise missile capabilities, unmanned aerial vehicles, and maritime offensive and anti-access or area denial capabilities. (4) An assessment of Iran’s chemical and biological weapons capabilities and an assessment of Iranian plans to upgrade its chemical or biological weapons capabilities. (5) An assessment of Iran’s asymmetric activities in the region, including— (A) the size, capabilities, and activities of the IRGC, including the Quds Force; (B) the size, capabilities, and activities of Iran’s cyber operations; (C) the types and amount of support, including funding, lethal and nonlethal contributions, and training, provided to Hezbollah, Hamas, special groups in Iraq, the regime of Bashar al-Assad in Syria, Houthi fighters in Yemen, and other violent groups across the Middle East; and (D) the scope and objectives of Iran’s information operations and use of propaganda. (6) A summary of United States actions, unilaterally and in cooperation with foreign governments, to counter destabilizing Iranian activities, including— (A) interdiction of Iranian lethal arms bound for groups designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (B) Iran’s interference in international commercial shipping lanes; (C) attempts by Iran to undermine or subvert internationally recognized governments in the Middle East region; and (D) Iran’s support for the regime of Bashar al-Assad in Syria, including— (i) financial assistance, military equipment and personnel, and other support provided to that regime; and (ii) support and direction to other armed actors that are not Syrian or Iranian and are acting on behalf of that regime. (c) Form of strategy The strategy required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 4. Imposition of additional sanctions in response to Iran’s ballistic missile program (a) Sense of Congress It is the sense of Congress that the Secretary of the Treasury and the Secretary of State should continue to implement Executive Order 13382 ( 50 U.S.C. 1701 (b) Imposition of sanctions The President shall impose the sanctions described in subsection (c) with respect to any person that the President determines, on or after the date of the enactment of this Act— (1) knowingly engages in any activity that materially contributes to the activities of the Government of Iran with respect to its ballistic missile program, or any other program in Iran for developing, deploying, or maintaining systems capable of delivering weapons of mass destruction, including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such capabilities; (2) is a successor entity to a person referred to in paragraph (1); (3) owns or controls or is owned or controlled by a person referred to in paragraph (1); (4) forms an entity with the purpose of evading sanctions that would otherwise be imposed pursuant to paragraph (3); (5) is acting for or on behalf of a person referred to in paragraph (1), (2), (3), or (4); or (6) knowingly provides or attempts to provide financial, material, technological, or other support for, or goods or services in support of, a person referred to in paragraph (1), (2), (3), (4) or (5). (c) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The President shall block, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (2) Exclusion from united states The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (d) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (c)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (e) Report on contributions to Iran’s ballistic missile program (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report describing each person that— (A) has, during the period specified in paragraph (2), conducted any activity that has materially contributed to the activities of the Government of Iran with respect to its ballistic missile program, or any other program in Iran for developing, deploying, or maintaining systems capable of delivering weapons of mass destruction, including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such capabilities; (B) is a successor entity to a person referred to in subparagraph (A); (C) owns or controls or is owned or controlled by a person referred to in subparagraph (A); (D) forms an entity with the purpose of evading sanctions that could be imposed as a result of a relationship described in subparagraph (C); (E) is acting for or on behalf of a person referred to in subparagraph (A), (B), (C), or (D); or (F) is known or believed to have provided, or attempted to provide, during the period specified in paragraph (2), financial, material, technological, or other support for, or goods or services in support of, any material contribution to a program described in subparagraph (A) carried out by a person described in subparagraph (A), (B), (C), (D), or (E). (2) Period specified The period specified in this paragraph is— (A) in the case of the first report submitted under paragraph (1), the period beginning January 1, 2016, and ending on the date the report is submitted; and (B) in the case of a subsequent such report, the 180-day period preceding the submission of the report. (3) Form of report Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. 5. Imposition of terrorism-related sanctions with respect to the IRGC (a) Findings Congress makes the following findings: (1) The IRGC is subject to sanctions pursuant to Executive Order 13382 ( 50 U.S.C. 1701 22 U.S.C. 8501 50 U.S.C. 1701 50 U.S.C. 1701 (2) The Iranian Revolutionary Guard Corps–Quds Force (in this section referred to as the IRGC–QF 50 U.S.C. 1701 (3) The IRGC, not just the IRGC–QF, is responsible for implementing Iran’s international program of destabilizing activities, support for acts of international terrorism, and ballistic missile program. (b) In general Beginning on the date that is 90 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (c) with respect to the IRGC and foreign persons that are officials, agents, or affiliates of the IRGC. (c) Sanctions described The sanctions described in this subsection are sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 ( 50 U.S.C. 1701 6. Imposition of additional sanctions with respect to persons responsible for human rights abuses (a) In general Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a list of each person the Secretary determines, based on credible evidence, on or after the date of the enactment of this Act— (1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in Iran who seek— (A) to expose illegal activity carried out by officials of the Government of Iran; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; or (2) acts as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1). (b) Sanctions described (1) In general The President may, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) or any regulation, license, or order issued to carry out paragraph (1) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 7. Enforcement of arms embargos (a) In general Except as provided in subsection (d), the President shall impose the sanctions described in subsection (b) with respect to any person that the President determines— (1) knowingly engages in any activity that materially contributes to the supply, sale, or transfer directly or indirectly to or from Iran, or for the use in or benefit of Iran, of any battle tanks, armored combat vehicles, large caliber artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems, as defined for the purpose of the United Nations Register of Conventional Arms, or related materiel, including spare parts; or (2) knowingly provides to Iran any technical training, financial resources or services, advice, other services or assistance related to the supply, sale, transfer, manufacture, maintenance, or use of arms and related materiel described in paragraph (1). (b) Sanctions described (1) Blocking of property The President shall block, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (2) Exclusion from united states The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (c) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (d) Exception The President is not required to impose sanctions under subsection (a) with respect to a person for engaging in an activity described in that subsection if the President certifies to the appropriate congressional committees that— (1) permitting the activity is in the national security interest of the United States; (2) Iran no longer presents a significant threat to the national security of the United States and to the allies of the United States; and (3) the Government of Iran has ceased providing operational or financial support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism. (e) State sponsor of terrorism defined In this section, the term state sponsor of terrorism (1) section 6(j)(1)(A) of the Export Administration Act of 1979 ( 50 U.S.C. 4605(j)(1)(A) 50 U.S.C. 1701 (2) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) (3) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) (4) any other provision of law. 8. Review of applicability of sanctions relating to Iran's support for terrorism and its ballistic missile program (a) In general Not later than 5 years after the date of the enactment of this Act, the President shall conduct a review of all persons on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for activities relating to Iran— (1) to assess the conduct of such persons as that conduct relates to— (A) any activity that materially contributes to the activities of the Government of Iran with respect to its ballistic missile program; or (B) support by the Government of Iran for acts of international terrorism; and (2) to determine the applicability of sanctions with respect to such persons under— (A) Executive Order 13382 ( 50 U.S.C. 1701 (B) Executive Order 13224 ( 50 U.S.C. 1701 (b) Implementation of sanctions If the President determines under subsection (a) that sanctions under an Executive Order specified in paragraph (2) of that subsection are applicable with respect to a person, the President shall— (1) impose sanctions with respect to that person pursuant to that Executive Order; or (2) exercise the waiver authority provided under section 12. 9. Report on coordination of sanctions between the United States and the European Union (a) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that includes the following: (1) A description of each instance, during the period specified in subsection (b)— (A) in which the United States has imposed sanctions with respect to a person for activity related to the proliferation of weapons of mass destruction or delivery systems for such weapons to or by Iran, support for acts of international terrorism by Iran, or human rights abuses in Iran, but in which the European Union has not imposed corresponding sanctions; and (B) in which the European Union has imposed sanctions with respect to a person for activity related to the proliferation of weapons of mass destruction or delivery systems for such weapons to or by Iran, support for acts of international terrorism by Iran, or human rights abuses in Iran, but in which the United States has not imposed corresponding sanctions. (2) An explanation for the reason for each discrepancy between sanctions imposed by the European Union and sanctions imposed by the United States described in subparagraphs (A) and (B) of paragraph (1). (b) Period specified The period specified in this subsection is— (1) in the case of the first report submitted under subsection (a), the period beginning on the date of the enactment of this Act and ending on the date the report is submitted; and (2) in the case of a subsequent such report, the 180-day period preceding the submission of the report. (c) Form of report The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 10. Report on United States citizens detained by Iran (a) In general Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on United States citizens, including United States citizens who are also citizens of other countries, detained by Iran or groups supported by Iran that includes— (1) information regarding any officials of the Government of Iran involved in any way in the detentions; and (2) a summary of efforts the United States Government has taken to secure the swift release of those United States citizens. (b) Form of report The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 11. Exceptions for national security and humanitarian assistance; rule of construction (a) In general The following activities shall be exempt from sanctions under sections 4, 5, 6, and 7: (1) Any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 (2) The admission of an alien to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations of the United States. (3) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran, including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. (b) Exception relating to importation of goods A requirement or the authority to block and prohibit all transactions in all property and interests in property under section 4, 5, 6, 7, or 8 shall not include the authority to impose sanctions with respect to the importation of goods. (c) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 (d) Rule of construction Nothing in this Act shall be construed to limit the authority of the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (e) Definitions In this section: (1) Agricultural commodity The term agricultural commodity 7 U.S.C. 5602 (2) Good The term good 50 U.S.C. 4618 50 U.S.C. 1701 (3) Medical device The term medical device device 21 U.S.C. 321 (4) Medicine The term medicine drug 21 U.S.C. 321 12. Presidential waiver authority (a) Case-by-Case waiver authority (1) In general The President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under section 4, 5, 6, 7, or 8 to impose or maintain sanctions with respect to a person, and may waive the continued imposition of such sanctions, not less than 30 days after the President determines and reports to the appropriate congressional committees that it is vital to the national security interests of the United States to waive such sanctions. (2) Renewal of waivers The President may, on a case-by-case basis, renew a waiver under paragraph (1) for an additional period of not more than 180 days if, not later than 15 days before that waiver expires, the President makes the determination and submits to the appropriate congressional committees a report described in paragraph (1). (3) Successive renewal The renewal authority provided under paragraph (2) may be exercised for additional successive periods of not more than 180 days if the President follows the procedures set forth in paragraph (2), and submits the report described in paragraph (1), for each such renewal. (b) Contents of waiver reports Each report submitted under subsection (a) in connection with a waiver of sanctions under section 4, 5, 6, 7, or 8 with respect to a person, or the renewal of such a waiver, shall include— (1) a specific and detailed rationale for the determination that the waiver is vital to the national security interests of the United States; (2) a description of the activity that resulted in the person being subject to sanctions; (3) an explanation of any efforts made by the United States, as applicable, to secure the cooperation of the government with primary jurisdiction over the person or the location where the activity described in paragraph (2) occurred in terminating or, as appropriate, penalizing the activity; and (4) an assessment of the significance of the activity described in paragraph (2) in contributing to the ability of Iran to threaten the interests of the United States or allies of the United States, develop systems capable of delivering weapons of mass destruction, support acts of international terrorism, or violate the human rights of any person in Iran. (c) Effect of report on waiver If the President submits a report under subsection (a) in connection with a waiver of sanctions under section 4, 5, 6, 7, or 8 with respect to a person, or the renewal of such a waiver, the President shall not be required to impose or maintain sanctions under section 4, 5, 6, 7, or 8, as applicable, with respect to the person described in the report during the 30-day period referred to in subsection (a). May 25, 2017 Reported with an amendment

Summary: Countering Iran's Destabilizing Activities Act of 2017 This bill directs the Departments of State, Defense, and Treasury and the Director of National Intelligence to submit a strategy every two years for deterring conventional and asymmetric Iranian activities that threaten the United States and key allies in the Middle East, North Africa, and beyond. The President shall impose asset blocking and U.S. exclusion sanctions against any person that materially contributes to: (1) Iran's ballistic missile or weapons of mass destruction programs, or (2) the sale or transfer to Iran of specified military equipment or the provision of related technical or financial assistance. The President shall impose against Iran's Islamic Revolutionary Guard Corps and affiliated foreign persons sanctions with respect to blocking property of, and prohibiting transactions with, foreign persons who commit or support terrorism. The President may impose asset blocking sanctions against any person identified by the State Department as responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against certain individuals in Iran. The bill requires specified existing sanctions against persons for materially contributing to Iran's ballistic missile program or for supporting Iran's acts of international terrorism to continue until 90 days after the President certifies that such activities ceased during the immediately preceding three-month period. The bill exempts certain humanitarian and national security activities from sanctions. The President may temporarily waive the imposition or continuation of sanctions under specified circumstances. The bill sets forth reporting requirements with respect to: (1) persons contributing to Iran's ballistic missile program, (2) U.S.-European Union sanctions coordination, (3) U.S. citizens detained by Iran, and (4) each use of the waiver authority.