[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S2997-S2999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 808. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle__--Iran Sanctions
SEC. ___1. SHORT TITLES.
This subtitle 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 subtitle:
(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 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
[[Page S2998]]
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 subtitle and the
amendments made by this subtitle.
(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
subtitle and the amendments made by this subtitle 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
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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.
______