[Congressional Record Volume 163, Number 172 (Wednesday, October 25, 2017)]
[House]
[Pages H8168-H8171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IRAN BALLISTIC MISSILES AND INTERNATIONAL SANCTIONS ENFORCEMENT ACT
Mr. ROYCE of California. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1698) to expand sanctions against Iran with respect
to the ballistic missile program of Iran, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows
H.R. 1698
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Ballistic Missiles and
International Sanctions Enforcement Act''.
SEC. 2. SANCTIONS RELATING TO EFFORTS BY THE GOVERNMENT OF
IRAN WITH RESPECT TO BALLISTIC MISSILE-RELATED
GOODS, SERVICES, AND TECHNOLOGIES.
(a) Findings.--Congress finds the following:
(1) United Nations Security Council Resolution 2231
(2015)--
(A) calls upon Iran ``not to undertake any activity related
to ballistic missiles designed to be capable of delivering
nuclear weapons, including launches using such ballistic
missile technology''; and
(B) requires member states to ``take the necessary measures
to prevent, except as decided otherwise by the UN Security
Council in advance on a case-by-case basis, the supply, sale,
or transfer of arms or related materiel from Iran''.
(2) The United States maintains bilateral sanctions against
Iran for its efforts to manufacture, acquire, possess,
develop, transport, transfer or use ballistic missiles or
ballistic missile launch technology, and its acquisition of
destabilizing types and amounts of conventional weapons.
(3) According to the 2016 Worldwide Threat Assessment, the
United States intelligence community judges ``that Tehran
would choose ballistic missiles as its preferred method of
delivering nuclear weapons, if it builds them. Iran's
ballistic missiles are inherently capable of delivering
[weapons of mass destruction], and Tehran already has the
largest inventory of ballistic missiles in the Middle East.
Iran's progress on space launch vehicles--along with its
desire to deter the United States and its allies--provides
Tehran with the means and motivation to develop longer-range
missiles, including ICBMs.''.
(4) Since the passage of United Nations Security Council
2231, Iran has conducted numerous tests of ballistic missiles
designed to be capable of delivering nuclear weapons, and has
acquired destabilizing types of conventional weapons.
(5) Iran has pursued the ability to indigenously produce
ballistic missile and cruise missile goods, services, and
technologies.
(b) Statement of Policy.--It is the policy of the United
States to prevent Iran from undertaking any activity related
to ballistic missiles designed to be capable of delivering
nuclear weapons, including launches using such ballistic
missile technology.
(c) Report on Supply Chain of Iran's Ballistic Missile
Program.--
[[Page H8169]]
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that contains
the following:
(A) An analysis of the foreign supply chain and domestic
supply chain in Iran that directly or indirectly
significantly facilitates, supports, or otherwise aids the
Government of Iran's ballistic missile program.
(B) A description of the geographic distribution of the
foreign and domestic supply chain described in subparagraph
(A).
(C) An assessment of the Government of Iran's ability to
indigenously manufacture or otherwise produce the goods,
services, or technology necessary to support its ballistic
missile program.
(D) An identification of foreign persons that have, based
on credible information, directly or indirectly facilitated
or supported the development of the Government of Iran's
ballistic missile program, including the foreign and domestic
supply chain described in subparagraph (A).
(E) A determination with respect to each foreign person
identified under subparagraph (D) as to whether the foreign
person meets the criteria for designation under--
(i) paragraph (1) of section 5(b) of the Iran Sanctions Act
of 1996 (Public Law 104-172; 50 U.S.C. 1701 note), as amended
by this section;
(ii) section 104 of the Countering America's Adversaries
Through Sanctions Act (Public Law 115-44); or
(iii) Executive Order 13382 (2005).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Sanctionable Activities With Respect to Weapons of Mass
Destruction.--Paragraph (1) of section 5(b) of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
note) is amended--
(1) in the heading, by striking ``Exports, transfers, and
transshipments'' and inserting ``Weapons of mass destruction;
ballistic missiles; conventional weapons'';
(2) by striking ``Except as'' and inserting the following:
``(A) Weapons of mass destruction.--Except as'';
(3) by striking ``(A) on or after the date of the enactment
of the Iran Threat Reduction and Syria Human Rights Act of
2012'' and inserting the following:
``(i)(I) on or after the date of the enactment of the Iran
Ballistic Missiles and International Sanctions Enforcement
Act'';
(4) by striking ``(B) knew'' and inserting the following:
``(II) knew'';
(5) by striking ``(i) the export'' and inserting the
following:
``(aa) the export'';
(6) by striking ``would likely'' and inserting ``may'';
(7) by striking ``(ii) the export'' and inserting the
following:
``(bb) the export'';
(8) by striking ``(I) acquire'' and inserting the
following:
``(AA) acquire'';
(9) by striking ``; or'' at the end of subparagraph
(A)(ii)(II)(bb)(AA) (as so redesignated);
(10) by inserting after subparagraph (A)(ii)(II)(bb)(AA)
(as so redesignated) the following:
``(BB) acquire or develop ballistic missiles or ballistic
missile launch technologies; or'';
(11) by striking ``(II) acquire'' and inserting the
following:
``(CC) acquire'';
(12) by striking the period at the end of subparagraph
(A)(ii)(II)(bb)(CC) (as so redesignated) and inserting ``;
or''; and
(13) by adding at the end of subparagraph (A) the
following:
``(ii) knowingly exports or transfers, or permits or
otherwise facilitates the transshipment or re-export of,
goods, services, technology, or other items to Iran that
materially supports Iran's efforts to--
``(I) acquire or develop ballistic missiles or ballistic
missile launch technologies; or
``(II) acquire or develop destabilizing numbers and types
of advanced conventional weapons (as such term is defined in
paragraphs (1) and (2) of section 1608 of the Iran-Iraq Arms
Non-Proliferation Act of 1992).''.
(e) Sanctionable Activities With Respect to Ballistic
Missiles.--Paragraph (1) of section 5(b) of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
note), as amended by subsection (e), is further amended by
adding at the end the following:
``(B) Additional ballistic missile-related goods, services,
and technology.--
``(i) Additional authority.--The President shall impose the
sanctions described in paragraph (8), (10), or (12) of
section 6(a), as the case may be, with respect to--
``(I) an agency or instrumentality of the Government of
Iran if the President determines that the agency or
instrumentality, on or after the date of the enactment of
this subparagraph, knowingly seeks to develop, procure, or
acquire goods, services, or technology that materially
supports efforts by the Government of Iran with respect to
ballistic missile-related goods, services, and technologies
as described in clause (iii);
``(II) a foreign person or an agency or instrumentality of
a foreign state if the President determines that the person
or agency or instrumentality knowingly, on or after the date
of the enactment of this paragraph, provides significant
material support to the Government of Iran that supports
efforts by the Government of Iran with respect to ballistic
missile-related goods, services, and technologies as
described in clause (iii); and
``(III) a foreign person that the President determines
knowingly engages in a significant transaction or
transactions with, or provides significant financial services
for, a foreign person or an agency or instrumentality of a
foreign state described in subclause (I) or (II) with respect
to ballistic missile-related goods, services, and
technologies as described in clause (iii).
``(ii) Determination and report on ballistic missile
tests.--
``(I) In general.--Not later than 30 days after the date on
which the President determines that the Government of Iran
has conducted a test of a ballistic missile that fails to
comply with, violates, or is in defiance of United Nations
Security Council Resolution 2231 (2015), the President shall
submit to the appropriate congressional committees a report
that identifies each senior official of the Government of
Iran that the President determines is responsible for
ordering, controlling, or otherwise directing the missile
test.
``(II) Matters to be included.--The report required by
subclause (I) should include available information on the
ballistic missile or the generic class of ballistic missile
or space rocket that was launched; the trajectory, duration,
range, and altitude of the missile flight; the duration,
range, and altitude of the flight of each stage of the
missile; the location of the launch point and impact point;
the payload; and other technical information that is
available.
``(III) Form.--The report required by subclause (I) shall
be submitted in unclassified form, but may contain a
classified annex.
``(iii) Efforts by the government of iran with respect to
ballistic missile-related goods, services, and technologies
described.--
``(I) In general.--For purposes of subclauses (I), (II),
and (III) of clause (i), and except as provided in subclause
(II) of this clause, efforts by the Government of Iran with
respect to ballistic missile-related goods, services, and
technologies described in this subsection are efforts by the
Government of Iran to manufacture, acquire, possess, develop,
transport, transfer, test or use ballistic missiles or
associated goods, services, or technology by the Government
of Iran, including efforts by the Government of Iran to
manufacture, acquire, possess, develop, transport, transfer,
purchase--
``(aa) goods, services, or technology listed on the Missile
Technology Control Regime Equipment and Technology Annex of
October 8, 2015, and subsequent revisions that have been
acquired outside of the Procurement Working Group or not
otherwise approved by the United Nations Security Council; or
``(bb) goods, services, or technology not described in the
matter preceding item (aa) or item (aa) but which
nevertheless the President determines would be, if such
goods, services, or technology were United States goods,
services, or technology, prohibited for export to Iran
because of their potential to materially support the
development of ballistic missile systems or ballistic missile
launch technologies.
``(II) Exception.--Subclause (I) shall not apply with
respect to efforts by the Government of Iran with respect to
ballistic missile-related goods, services, and technologies
that have been approved under paragraph 4 of Annex B of
United Nations Security Council Resolution 2231 (2015).
``(iv) Procurement working group defined.--In clause
(iii)(I), the term `procurement working group' means the
Procurement Working Group of the Joint Commission established
under Annex IV of the applicable provisions in Annex A of
United Nations Security Council Resolution 2231 (2015).
``(v) Additional report on ballistic missile tests.--
``(I) In general.--Not later than January 31 of each
calendar year, the President should submit to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report that
specifies the number and generic class of ballistic missiles
and space rockets launched by Iran during the preceding
calendar year and the dates of each missile launch and the
type of missile launched on each relevant date. The report
should include definitions used for classifying the generic
classes of missiles.
``(II) Form.--The report required by subclause (I) shall be
submitted in unclassified form, but may contain a classified
annex.''.
(f) Sanctionable Activities With Respect to Conventional
Weapons.--Paragraph (1) of section 5(b) of the Iran Sanctions
Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note), as
amended by subsections (e) and (f), is further amended by
adding at the end the following:
``(C) Conventional weapons.--The President shall impose the
sanctions described in paragraph (8) or (12) of section 6(a),
as the case may be, with respect to a foreign person or an
agency or instrumentality of a foreign state if the President
determines that the person or agency or instrumentality
knowingly, on or after the date of the enactment of this
paragraph, 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) of
Annex B of United Nations Security Council Resolution 2231
(2015).''.
(g) Exception and Definitions.--Paragraph (1) of section
5(b) of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note), as amended by subsections (e), (f), and
(g), is further amended by adding at the end the following:
[[Page H8170]]
``(D) Exception.--The President may not impose sanctions
under subparagraph (B) or (C) with respect to a foreign
person or a United States person if the President determines
that the person has exercised due diligence in establishing
and enforcing official policies, procedures, and controls to
ensure that the person does not sell, supply, or transfer to
or from Iran materials the sale, supply, or transfer of which
would subject a person to the imposition of sanctions under
subparagraph (B) or (C), as the case may be, or conduct or
facilitate a financial transaction for such a sale, supply,
or transfer.
``(E) Definitions.--In subparagraphs (B) and (C) of this
paragraph:
``(i) Agency or instrumentality.--The term `agency or
instrumentality' has the meaning given such term in section
1603(b) of title 28, United States Code.
``(ii) Foreign state.--The term `foreign state' has the
meaning given such term in section 1603(a) of title 28,
United States Code.
``(iii) 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, 2016.
``(iv) Significant transaction or transactions; significant
financial services.--The terms `significant transaction or
transactions' and `significant financial services' shall be
determined in accordance with section 561.404 of title 31,
Code of Federal Regulations, as such section 561.404 was in
effect on January 1, 2016.''.
(h) Sanctions Described.--Section 6(a) of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
note) is amended--
(1) by striking paragraph (10) and inserting the following:
``(10) Inadmissibility to united states.--
``(A) In general.--The President may direct the Secretary
of State to deny a visa to, and the Secretary of Homeland
Security to exclude from the United States and, if the
individual has been issued a visa or other documentation,
revoke, in accordance with the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) the visa or other documentation
of any alien that--
``(i) is designated pursuant to subparagraph (B) or (C) of
section 5(b)(1); or
``(ii) the President determines is a corporate officer or
principal of, or a shareholder with a controlling interest
in, a sanctioned person.
``(B) Exception to comply with united nations headquarters
agreement.--Sanctions under subparagraph (A) shall not apply
to an alien if admitting the alien into the United States is
necessary 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.'';
(2) by redesignating paragraph (12) as paragraph (13); and
(3) by inserting after paragraph (11) the following:
``(12) Export sanction.--In the case of an agency or
instrumentality of a foreign state, no item on the United
States Munitions List or Commerce Munitions List may be
exported to that foreign state for a period of two years.''.
(i) Rule of Construction.--The sanctions that are required
to be imposed under this section and the amendments made by
this section are in addition to other similar or related
sanctions that are required to be imposed under any other
provision of law.
(j) 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
and 1704) to carry out any amendments made by this section.
(k) Implementation Plan.--Not later than 60 days after the
date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a plan
to implement--
(1) paragraph (1) of section 5(b) of the Iran Sanctions Act
of 1996 (Public Law 104-172; 50 U.S.C. 1701 note), as amended
by this section; and
(2) section 104 of the Countering America's Adversaries
Through Sanctions Act (Public Law 115-44).
(l) Effective Date.--
(1) In general.--The amendments made by this section
shall--
(A) take effect on the date of the enactment of this Act;
and
(B) apply with respect to an activity described in
subsection (b) of section 5 of the Iran Sanctions Act of
1996, as amended by this section, that is commenced on or
after such date of enactment.
(2) Applicability to ongoing activities relating to certain
activities.--A person that, before the date of the enactment
of this Act, commenced an activity described in section 5(b)
of the Iran Sanctions Act of 1996, as in effect on the day
before such date of enactment, and continues the activity on
or after such date of enactment, shall be subject to the
provisions of the Iran Sanctions Act of 1996, as amended by
this Act.
SEC. 3. REPORT ON SANCTIONABLE ACTIVITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
a period not to exceed three years, the President shall
submit to the appropriate congressional committees a report
that contains the following information:
(1) Any credible information regarding Iran's attempts to
develop, procure, or acquire goods, services, or technology
with respect to which sanctions may be imposed pursuant to
subparagraphs (B) and (C) of section 5(b)(1) of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
note), as added by section 2 of this Act.
(2) Any credible information regarding Iran's acquisition
or attempted acquisition of significant arms and related
material in violation of paragraph 5 of Annex B of United
Nations Security Council Resolution 2231 (2015).
(3) Any credible information regarding Iran's export or
attempted export of significant arms and related material in
violation of paragraph 6 of Annex B of United Nations
Security Council Resolution 2231 (2015).
(4) Any approval granted by the United Nations Security
Council for the export of significant arms and related
material identified under paragraphs 5 or 6 of Annex B of
United Nations Security Council Resolution 2231 (2015).
(5) Any credible information regarding violations of travel
restrictions described in paragraph 6 of Annex B of United
Nations Security Council Resolution 2231 (2015).
(6) Any approval granted by the United Nations Security
Council for exemptions to the travel restrictions described
in paragraph 6 of Annex B of United Nations Security Council
Resolution 2231 (2015).
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 4. DETERMINATIONS WITH RESPECT TO THE IMPOSITION OF
SANCTIONS FOR THE SALE OR TRANSFER OF
DESTABILIZING TYPES AND AMOUNTS OF CONVENTIONAL
WEAPONS TO THE GOVERNMENT OF IRAN.
(a) Notification of Sales and Transfers.--Not later than 90
days after the date on which the President receives credible
information that destabilizing numbers and types of
conventional weapons have been sold or transferred to Iran,
the President shall notify the appropriate congressional
committees of the sale or transfer.
(b) Determinations With Respect to Sanctions.--
(1) In general.--Not later than 120 days after the date on
which the President notifies the appropriate congressional
committees of a sale or transfer under subsection (a), the
President shall--
(A) determine whether such sale or transfer meets the
requirements to impose sanctions under each provision of law
specified in subsection (c); and
(B)(i) if the determination is that the sale or transfer is
subject to any such sanctions, the President shall--
(I) make a determination whether to impose or waive such
sanctions with respect to such sale or transfer; and
(II) submit that determination to the appropriate
congressional committees; or
(ii) if the determination is that the sale or transfer is
not subject to any such sanctions, the President shall submit
to the appropriate congressional committees a detailed report
on the determination and the specific reasons for the
determination.
(2) Form.--The determination in paragraph (1) shall be
provided in an unclassified form, and may contain a
classified annex.
(c) Provisions of Law Specified.--The provisions of law
specified in this subsection are the following:
(1) Section 5(b)(1) of the Iran Sanctions Act of 1996 (50
U.S.C. 1701 note), as amended by section 2 of this Act.
(2) The Iran-Iraq Arms Non-Proliferation Act of 1992 (50
U.S.C. 1701 note).
(3) The Iran, North Korea, and Syria Nonproliferation Act
(50 U.S.C. 1701 note).
(d) Definition.--In this section, the term ``destabilizing
numbers and types of advanced conventional weapons''--
(1) has the meaning given the terms ``advanced conventional
weapons'' and ``cruise missile'' as defined in paragraphs (1)
and (2), respectively, of section 1608 of the Iran-Iraq Arms
Non-Proliferation Act of 1992 (50 U.S.C. 1701 note); and
(2) includes the S-300 and S-400 missile defense systems
and air superiority fighters.
SEC. 5. DETERMINATION ON USE BY THE GOVERNMENT OF IRAN OF
COMMERCIAL PASSENGER AIRCRAFT AND RELATED
SERVICES FOR ILLICIT MILITARY OR OTHER
ACTIVITIES.
(a) Determination.--Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter
for three years, the President shall submit to the
appropriate congressional committees a determination on use
by the Government of Iran of commercial passenger aircraft
and related services for illicit military or other activities
on or after the date of the enactment of this Act.
(b) Elements of Determination.--The determination required
under subsection (a) shall include a description of the
extent to which--
(1) commercial passenger aircraft in Iran are being used to
transport--
(A) arms or related materiel, including defense articles,
defense services, or technical data that are controlled on
the United States Munitions List established under section 38
of the Arms Export Control Act (22 U.S.C. 2778);
(B) any item that is, or would be, if located in the United
States, controlled by Export Control Classification Number
600 series listed on the Commerce Control List maintained
under Supplement No. 1 to part 774 of the Export
Administration Regulations;
[[Page H8171]]
(C) items used to facilitate the development or production
of a chemical or biological weapon or other weapon of mass
destruction and their means of delivery, including ballistic
missiles and cruise missiles; or
(D) any foreign person that facilitates the transfer of any
of the articles described in subparagraphs (A) through (C);
(2) commercial passenger aircraft licensed by the Office of
Foreign Assets Control of the Department of the Treasury are
being used for activities described in paragraph (1); and
(3) foreign governments and persons have facilitated the
activities described in paragraph (1), including allowing the
use of airports, services, or other resources.
(c) Form of Determination.--The determination required
under subsection (a) shall be submitted in unclassified form
but may include a classified annex.
(d) Definitions.--In this section:
(1) Commercial passenger aircraft.--The term ``commercial
passenger aircraft'' includes--
(A) an aircraft of United States origin and that is
classified under Export Control Classification Number (ECCN)
9A99l on the Commerce Control List maintained under
Supplement No. 1 to part 774 of the Export Administration
Regulations; or
(B) an aircraft not of United States origin of which United
States-controlled content constitutes 10 percent or more of
the total value of the aircraft and that is--
(i) classified under Export Control Classification Number
(ECCN) 9A99l on the Commerce Control List maintained under
Supplement No. 1 to part 774 of the Export Administration
Regulations; and
(ii) is registered in a jurisdiction other than the United
States.
(2) Export administration regulations.--The term ``Export
Administration Regulations'' means subchapter C of chapter
VII of title 15, Code of Federal Regulations.
(3) Related services.--The term ``related services'', with
respect to a commercial passenger aircraft, includes--
(A) the export, re-export, sale, lease, or transfer to Iran
of spare parts and components; and
(B) warranty, maintenance, and repair services.
SEC. 6. REGULATORY AUTHORITY.
(a) In General.--The President shall, not later than 120
days after the date of the enactment of this Act, promulgate
regulations as necessary for the implementation of this Act
and the amendments made by this Act.
(b) Notification to Congress.--Not less than 10 days before
the promulgation of regulations under subsection (a), the
President shall notify the appropriate congressional
committees of the proposed regulations and the provisions of
this Act and the amendments made by this Act that the
regulations are implementing.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on Ways
and Means, the Committee on Financial Services, the Committee
on Appropriations, the Committee on Oversight and Government
Reform, and the Permanent Select Committee on Intelligence of
the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Finance, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Appropriations, the Committee on
Homeland Security and Governmental Affairs, and the Select
Committee on Intelligence of the Senate.
(2) Credible information.--The term ``credible
information'' has the meaning given such term in section 14
of the Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note).
(3) 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, 2016.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
{time} 1415
General Leave
Mr. ROYCE of California. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and to include any extraneous material in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE of California. Mr. Speaker, due to the technical issues in
the Chamber, I ask to withdraw the motion.
The SPEAKER pro tempore. Without objection, the motion is withdrawn.
____________________