[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2336 Introduced in Senate (IS)]

<DOC>






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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