[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.

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