[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2336 Reported in Senate (RS)]
<DOC>
Calendar No. 372
118th CONGRESS
2d 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, Mr. Hagerty, Mr. Ricketts, and Mr. Grassley)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
May 7, 2024
Reported by Mr. Cardin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLES.</DELETED>
<DELETED> This Act may be cited as the ``Making Iran Sanctions Stick
In Lieu of Expiration of Sanctions Act'' or the ``MISSILES
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) to urgently seek the extension of missile-
related restrictions set forth in Annex B to United Nations
Security Council Resolution 2231 (2015); and</DELETED>
<DELETED> (4) to use all available authorities to constrain
Iran's domestic ballistic missile production
capabilities.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations of
the Senate;</DELETED>
<DELETED> (B) the Committee on Banking, Housing, and
Urban Affairs of the Senate;</DELETED>
<DELETED> (C) the Committee on Foreign Affairs of
the House of Representatives; and</DELETED>
<DELETED> (D) the Committee on the Judiciary of the
House of Representatives.</DELETED>
<DELETED> (2) Covered technology.--The term ``covered
technology'' means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Foreign person.--The term ``foreign person''--
</DELETED>
<DELETED> (A) means an individual or entity that is
not a United States person; and</DELETED>
<DELETED> (B) includes a foreign state (as such term
is defined in section 1603 of title 28, United States
Code).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Iran-aligned entity.--The term ``Iran-aligned
entity'' means a foreign person that--</DELETED>
<DELETED> (A) is controlled by or reports directly
to the Government of Iran; and</DELETED>
<DELETED> (B) knowingly receives material or
financial support from the Government of Iran,
including Hezbollah, Ansar Allah, or another Iranian-
backed proxy group.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (10) United states person.--The terms ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen;</DELETED>
<DELETED> (B) a permanent resident alien of the
United States;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) a person in the United
States.</DELETED>
<DELETED>SEC. 5. DEPARTMENT OF STATE REPORT ON DIPLOMATIC STRATEGY AND
OTHER ASPECTS OF UNITED NATIONS SECURITY COUNCIL
RESOLUTION 2231 EXPIRATIONS.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. COMBATING THE PROLIFERATION OF IRANIAN
MISSILES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Sanctions Described.--The sanctions described in this
subsection are the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Ineligibility for visas, admission, or
parole.--</DELETED>
<DELETED> (A) Visas, admission, or parole.--An alien
described in subsection (a) shall be--</DELETED>
<DELETED> (i) inadmissible to the United
States;</DELETED>
<DELETED> (ii) ineligible to receive a visa
or other documentation to enter the United
States; and</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (B) Current visas revoked.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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))--</DELETED>
<DELETED> (I) take effect
immediately; and</DELETED>
<DELETED> (II) cancel any other
valid visa or entry documentation that
is in the possession of the
alien.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Rulemaking.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) a copy of the proposed regulations;
and</DELETED>
<DELETED> (B) a description of the specific
provisions of this Act and the amendments made by this
Act that such regulations are implementing.</DELETED>
<DELETED> (g) Exceptions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) to carry out or assist authorized law
enforcement activity in the United States.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the Government of Iran no longer provides
support for international terrorism, as determined by the
Secretary of State pursuant to--</DELETED>
<DELETED> (A) section 1754(c)(1)(A) of the Export
Control Reform Act of 2018 (50 U.S.C.
4318(c)(1)(A));</DELETED>
<DELETED> (B) section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371);</DELETED>
<DELETED> (C) section 40 of the Arms Export Control
Act (22 U.S.C. 2780); or</DELETED>
<DELETED> (D) any other provision of law;
and</DELETED>
<DELETED> (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.</DELETED>
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 has 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 are 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 for renewable
periods not to exceed 180 days 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 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.
(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 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.
SEC. 7. REPORT TO IDENTIFY, AND DESIGNATION AS FOREIGN TERRORIST
ORGANIZATIONS OF, IRANIAN PERSONS THAT HAVE ATTACKED
UNITED STATES CITIZENS USING UNMANNED COMBAT AERIAL
VEHICLES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
State shall submit to the appropriate congressional committees a report
that identifies, for the period specified in subsection (b), any
Iranian person that has attacked a United States citizen using an
unmanned combat aerial vehicle, as defined for the purpose of the
United Nations Register of Conventional Arms.
(b) Period Specified.--The period specified in this subsection is--
(1) for the initial report, the period--
(A) beginning on October 27, 2023; and
(B) ending on the date such report is submitted;
and
(2) for the second or a subsequent report, the period--
(A) beginning on the date the preceding report was
submitted; and
(B) ending on the date such second or subsequent
report is submitted.
(c) Designation of Persons as Foreign Terrorist Organizations.--
(1) In general.--The President shall designate any person
identified in a report submitted under subsection (a) as a
foreign terrorist organization under section 219 of the
Immigration and Naturalization Act (8 U.S.C. 1189).
(2) Revocation.--The President may not revoke a designation
made under paragraph (1) until the date that is 4 years after
the date of such designation.
(d) Waiver.--The Secretary of State may waive the requirements of
this section upon a determination and certification to the appropriate
congressional committees that such a waiver is in the vital national
security interests of the United States.
(e) Sunset.--This section shall terminate on the date that is 4
years after the date of the enactment of this Act.
(f) Iranian Person Defined.--In this section, the term ``Iranian
person''--
(1) means an entity organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government of
Iran; and
(2) includes the Islamic Revolutionary Guard Corps.
SEC. 8. REPORT ON IMPACTS ON THE ISLAMIC REPUBLIC OF IRAN OF SANCTIONS
IMPOSED BY THE UNITED STATES.
(a) In General.--Not later than 90 days after the date of the
enactment this Act, the Secretary of State, in consultation with the
Secretary of the Treasury and drawing on subject-matter experts
including economists and statisticians from the Department of State and
the Department of the Treasury, shall submit to the appropriate
congressional committees a report on the impacts on the Islamic
Republic of Iran of sanctions imposed by the United States.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The impact of sanctions imposed by the United States on
the following:
(A) Problematic activities and policies of the
Islamic Republic of Iran, including ballistic missile
development, proliferation of Iranian drones and
missiles to state and non-state actors, uranium
enrichment, and funding of terrorist groups in the
``Axis of Resistance'', and how sanctions have
meaningfully impacted the ability of such groups to
operate.
(B) Key officials of the Iranian regime, including
their access to alternative financial markets, their
standard of living, and impacts to their personal
wealth.
(C) The operations of independent civil society
organizations in Iran, including the ability of such
organizations to access products that would allow them
to document and share human rights abuses, promote
democratic norms, and engage in political dissent.
(D) The efficacy of licensing actions aimed at
ensuring the people of Iran have access to
circumvention technologies around Iranian regime
firewalls and censors to promote internet freedom,
including General License D-2 of the Department of the
Treasury.
(E) The standard of living of the people of Iran,
including--
(i) the impact on the purchasing power of
the people of Iran and their ability to afford
and acquire food and medicine; and
(ii) changes in the size of the working and
middle classes in Iran, including impacts to
the poverty rate in Iran.
(F) The growth of unofficial economies controlled
by officials of the Iranian regime and members of the
Islamic Revolutionary Guard Corps.
(2) What industries in Iran remain unaffected by such
sanctions.
Calendar No. 372
118th CONGRESS
2d Session
S. 2336
_______________________________________________________________________
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.
_______________________________________________________________________
May 7, 2024
Reported with an amendment