[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2336 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2336
To address the threat from the development of Iran's ballistic missile
program and the transfer or deployment of Iranian missiles and related
goods and technology, including materials and equipment, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2023
Mr. Menendez (for himself and Mr. Hagerty) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To address the threat from the development of Iran's ballistic missile
program and the transfer or deployment of Iranian missiles and related
goods and technology, including materials and equipment, 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 TITLES.
This Act may be cited as the ``Making Iran Sanctions Stick In Lieu
of Expiration of Sanctions Act'' or the ``MISSILES Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Annex B to United Nations Security Council Resolution
2231 (2015) restricts certain missile-related activities and
transfers to and from Iran, including all items, materials,
equipment, goods, and technology set out in the Missile
Technology Control Regime Annex, absent advance, case-by-case
approval from the United Nations Security Council.
(2) Iran has transferred Shahed and Mohajer drones, covered
under the Missile Technology Control Regime Annex, to the
Russian Federation, the Government of Ethiopia, and other Iran-
aligned entities, including the Houthis in Yemen and militia
units in Iraq, without prior authorization from the United
Nations Security Council, in violation of the restrictions set
forth in Annex B to United Nations Security Council Resolution
2231.
(3) Absent action by the United Nations Security Council,
certain missile-related restrictions in Annex B to United
Nations Security Council Resolution 2231 will expire in October
2023, removing international legal restrictions on missile-
related activities and transfers to and from Iran.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to combat and deter the transfer of conventional and
non-conventional arms, equipment, material, and technology to
or from Iran, or involving the Government of Iran;
(2) to ensure countries, individuals, and entities engaged
in, or attempting to engage in, the acquisition, facilitation,
or development of arms and related components and technology
and subject to restrictions under Annex B to United Nations
Security Council Resolution 2231 are held to account under
United States and international law, including through the
application and enforcement of sanctions and use of export
controls, regardless of whether the restrictions under Annex B
to United Nations Security Council Resolution 2231 remain in
effect following their anticipated expiration in October 2023;
(3) to urgently seek the extension of missile-related
restrictions set forth in Annex B to United Nations Security
Council Resolution 2231 (2015); and
(4) to use all available authorities to constrain Iran's
domestic ballistic missile production capabilities.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on the Judiciary of the House of
Representatives.
(2) Covered technology.--The term ``covered technology''
means--
(A) any goods, technology, software, or related
material specified in the Missile Technology Control
Regime Annex, as in effect on the day before the date
of the enactment of this Act; and
(B) any additional goods, technology, software, or
related material added to the Missile Technology
Control Regime Annex after the day before the date of
the enactment of this Act.
(3) Foreign person.--The term ``foreign person''--
(A) means an individual or entity that is not a
United States person; and
(B) includes a foreign state (as such term is
defined in section 1603 of title 28, United States
Code).
(4) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(5) Government of iran.--The term ``Government of Iran''
has the meaning given such term in section 560.304 of title 31,
Code of Federal Regulations, as such section was in effect on
January 1, 2021.
(6) Iran-aligned entity.--The term ``Iran-aligned entity''
means a foreign person that--
(A) is controlled by or reports directly to the
Government of Iran; and
(B) knowingly receives material or financial
support from the Government of Iran, including
Hezbollah, Ansar Allah, or another Iranian-backed proxy
group.
(7) Knowingly.--The term ``knowingly'' has the meaning
given such term in section 14(13) of the Iran Sanctions Act of
1996 (50 U.S.C. 1701 note).
(8) Missile technology control regime.--The term ``Missile
Technology Control Regime'' means the policy statement between
the United States, the United Kingdom, the Federal Republic of
Germany, France, Italy, Canada, and Japan that was announced on
April 16, 1987, to restrict sensitive missile-relevant
transfers based on the Missile Technology Control Regime Annex,
and any amendments thereto or expansions thereof, as in effect
on the day before the date of the enactment of this Act.
(9) Missile technology control regime annex.--The term
``Missile Technology Control Regime Annex'' means the
Guidelines and Equipment and Technology Annex of the Missile
Technology Control Regime, and any amendments thereto or
updates thereof, as in effect on the day before the date of the
enactment of this Act.
(10) United states person.--The terms ``United States
person'' means--
(A) a United States citizen;
(B) a permanent resident alien of the United
States;
(C) 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;
or
(D) a person in the United States.
SEC. 5. DEPARTMENT OF STATE REPORT ON DIPLOMATIC STRATEGY AND OTHER
ASPECTS OF UNITED NATIONS SECURITY COUNCIL RESOLUTION
2231 EXPIRATIONS.
Not later than 90 days after the date of the enactment of this Act,
and annually thereafter for the following 4 years, the Secretary of
State, in coordination with the heads of other relevant departments and
agencies, shall submit to the appropriate congressional committees an
unclassified report, with a classified annex, if necessary, that
includes--
(1) a diplomatic strategy to secure the renewal of
international restrictions on certain missile-related
activities, including transfers to and from Iran set forth in
Annex B to United Nations Security Council Resolution 2231
(2015) before October 2023;
(2) an analysis of how the expiration of missile-related
restrictions set forth in Annex B to United Nations Security
Council Resolution 2231 would impact the Government of Iran's
arms proliferation and malign activities, including as the
restrictions relate to cooperation with, and support for, Iran-
aligned entities and allied countries;
(3) an assessment of the revenue, or non-cash benefits, to
be accrued by the Government of Iran, or Iran-aligned entities,
as a result of a lapse in missile-related restrictions set
forth in Annex B to United Nations Security Council Resolution
2231;
(4) a detailed description of the United States strategy to
deter, prevent, and disrupt the sale, purchase, or transfer of
covered technology involving Iran absent restrictions set forth
in Annex B to United Nations Security Council Resolution 2231;
(5) the identification of any foreign person engaging in,
enabling, or otherwise facilitating any activity involving Iran
restricted under Annex B to United Nations Security Council
Resolution 2231, regardless of whether such restrictions remain
in effect after October 2023;
(6) a description of actions by the United Nations and
other multilateral organizations, including the European Union,
to hold accountable foreign persons that have violated the
restrictions set forth in Annex B to United Nations Security
Council Resolution 2231, and efforts to prevent further
violations of such restrictions;
(7) a description of actions by individual member states of
the United Nations Security Council to hold accountable foreign
persons that have violated restrictions set forth in Annex B to
United Nations Security Council Resolution 2231 and efforts to
prevent further violations of such restrictions;
(8) a description of actions taken by the People's Republic
of China, the Russian Federation, or any other country to
prevent, interfere with, or undermine efforts to hold
accountable foreign persons that have violated the restrictions
set forth in Annex B to United Nations Security Council
Resolution 2231, including actions to restrict United Nations-
led investigations into suspected violations of such
restrictions, or limit funding to relevant United Nations
offices or experts;
(9) an analysis of the foreign and domestic supply chains
in Iran that directly or indirectly facilitate, support, or
otherwise aid the Government of Iran's drone or missile
program, including storage, transportation, or flight-testing
of related goods, technology, or components;
(10) the identification of any foreign entity or entities
that enables, supports, or otherwise facilitates the operations
or maintenance of any Iranian airline subject to United States
sanctions or export control restrictions;
(11) an assessment of how the continued operation of
Iranian airlines subject to United States sanctions or export
control restrictions impacts the Government of Iran's ability
to transport or develop arms, including covered technology; and
(12) a description of actions taken by the People's
Republic of China, the Russian Federation, or any other country
that have violated the restrictions set forth in Annex B of
United Nations Security Council Resolution 2231, including any
purchase, transfer, or acquisition of covered technology or
component parts.
SEC. 6. COMBATING THE PROLIFERATION OF IRANIAN MISSILES.
(a) In General.--The actions, including sanctions, described in
subsection (b) shall apply to any foreign person the President
determines, on or after the date of the enactment of this Act--
(1) knowingly engages in any effort to acquire, possess,
develop, transport, transfer, or deploy covered technology to,
from, or involving the Government of Iran or Iran-aligned
entities, regardless of whether the restrictions set forth in
Annex B to United Nations Security Council Resolution 2231
(2015) remain in effect after October 2023;
(2) knowingly provides entities owned or controlled by the
Government of Iran or Iran-aligned entities with goods,
technology, parts, or components, that may contribute to the
development of covered technology;
(3) knowingly participates in joint missile or drone
development, including development of covered technology, with
the Government of Iran or Iran-aligned entities, including
technical training, storage, and transport;
(4) knowingly imports, exports, or re-exports to, into, or
from Iran, whether directly or indirectly, any significant arms
or related materiel prohibited under paragraph (5) or (6) to
Annex B of United Nations Security Council Resolution 2231
(2015) as of April 1, 2023; or
(5) knowingly provides significant financial, material, or
technological support to, or knowingly engages in a significant
transaction with, a foreign person subject to sanctions for
conduct described 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 exercise all
authorities granted under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in property and interests
in property of the foreign person if such property and
interests in property are in the United States, come within the
United States, or come within the possession or control of a
United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a) shall be--
(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.--The visa or other entry
documentation of any alien described in
subsection (a) is subject to revocation
regardless of the issue date of the visa or
other entry documentation.
(ii) Immediate effect.--A revocation under
clause (i) shall, in accordance with section
221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i))--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
possession of the alien.
(c) Penalties.--Any person that violates, or attempts to violate,
subsection (a) or any regulation, license, or order issued pursuant to
that subsection, shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person that commits
an unlawful act described in subsection (a) of that section.
(d) Waiver.--The President may waive the application of sanctions
under this section with respect to a foreign person only if, not later
than 15 days before the date on which the waiver is to take effect, the
President submits to the appropriate congressional committees a written
determination and justification that the waiver is in the vital
national security interests of the United States.
(e) Implementation.--The President may exercise all the authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the
amendments made by this section.
(f) Rulemaking.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President, in consultation with
the Secretary of State, shall promulgate any regulations that
are necessary to implement this Act and the amendments made by
this Act.
(2) Notification to congress.--Not less than 10 days before
the promulgation of regulations pursuant to paragraph (1), the
President shall submit to the appropriate congressional
committees--
(A) a copy of the proposed regulations; and
(B) a description of the specific provisions of
this Act and the amendments made by this Act that such
regulations are implementing.
(g) Exceptions.--
(1) Exception for intelligence activities.--Sanctions
authorized under this section shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any
authorized intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions authorized under
this section shall not apply with respect to an alien if
admitting or paroling the alien into the United States is
necessary--
(A) 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; or
(B) to carry out or assist authorized law
enforcement activity in the United States.
(3) Exception relating to importation of goods.--The
authorities and requirements to impose sanctions authorized
under this section shall not include the authority or a
requirement to impose sanctions on the importation of goods.
(h) Termination of Sanctions.--This section shall cease to be
effective beginning on the date that is 30 days after the date on which
the President certifies to the appropriate congressional committees
that--
(1) the Government of Iran no longer provides support for
international terrorism, as determined by the Secretary of
State pursuant to--
(A) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law; and
(2) Iran has ceased the pursuit, acquisition, and
development of, and verifiably dismantled, its nuclear,
biological, and chemical weapons and ballistic missiles and
ballistic missile launch technology.
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