[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4493-S4495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2204. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 end of division A, add the following:
TITLE XVII--NO ICBMS FOR IRAN ACT OF 2024
SEC. 1701. SHORT TITLE.
This title may be cited as the ``No ICBMs for Iran Act of
2024''.
Subtitle A--Sanctions and Report on Iranian Space-launch Vehicles and
Intercontinental Ballistic Missiles
SEC. 1711. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Islamic Republic of Iran has the largest ballistic
missile arsenal in the Middle East, which Iran uses to
threaten forces of the United States and partners of the
United States in the region.
(2) Iran is progressing toward developing an
intercontinental ballistic missile (commonly referred to an
``ICBM'') capability. In 2023, the Defense Intelligence
Agency reported that Iran's progress on its space-launch
vehicles shortens the time needed for Iran to produce an ICBM
since space-launch vehicles and ICBMs use similar
technologies.
(3) Iran continues to rely on illicit foreign procurement
to support its long-range missile aspirations. For example,
Iran recently tried to purchase from the Russian Federation
and the People's Republic of China ammonium perchlorate,
which is the main ingredient in solid propellants to power
missiles.
(4) Iran relies at least in part on networks in Hong Kong
and the People's Republic of China to procure dual-use
materials and equipment for its longer-range ballistic
missile program.
(5) North Korea historically has played a role in
supporting longer-range Iranian ballistic missile
capabilities. Specifically, North Korea provided the Nodong-A
to Iran in the 1990s, which Iran used to develop both its
first nuclear-capable medium-range ballistic missile and
liquid propellant engines for its space-launch vehicles.
(6) While the Iran Space Agency, a government organization
subject to sanctions, develops space capabilities for Iran's
ministry of defense as well as the communications sector,
Iran's Revolutionary Guard Corps Aerospace Force (commonly
referred to as the ``IRGC-AF'') runs a parallel space program
employing solid-propellant motors, which if used in ICBM
technology, would enable launches with little warning.
(7) Iran continues work on larger diameter solid-propellant
motors, like the Rafa'e, and is now reportedly in the
possession of an all-solid-propellant space-launch vehicle
called the Qaem-100. Iran successfully launched a satellite
into orbit using its Qaem-100 rocket January 2024.
(8) Iran's development, production, and transfer of space-
launch vehicle and ballistic missile technology violated
Annex B of United Nations Security Council Resolution 2231
(2015), which enshrined certain restrictions under the Joint
Comprehensive Plan of Action. Those restrictions expired on
October 18, 2023.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Iran's space program continues to function as a cover
for Iran's quest for an ICBM;
(2) the possession by Iran of an ICBM would pose a direct
threat to the United States homeland and partners of the
United States in Europe; and
(3) the United States should work to deny Iran the ability
to hold the United States homeland or European partners of
the United States at risk with an ICBM.
SEC. 1712. DETERMINATION AND MANDATORY IMPOSITION OF
SANCTIONS UNDER EXECUTIVE ORDER 13382.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President shall--
(1) determine whether each individual or entity specified
in subsection (b) meets the criteria for the imposition of
sanctions under Executive Order 13382 (50 U.S.C. 1701 note;
relating to blocking property of weapons of mass destruction
proliferators and their supporters); and
(2) with respect to any such individual or entity the
President determines does meet such criteria, impose such
sanctions.
(b) Individuals and Entities Specified.--The individuals
and entities specified in this subsection are the following:
(1) The Space Division of the IRGC-AF.
(2) All senior officers of the IRGC-AF.
(3) Brigadier General Amir-Ali Hajizadeh, the commander of
the IRGC-AF.
(4) General Majid Mousavi, the deputy commander of the
IRGC-AF.
(5) Second Brigadier General Ali-Jafarabadi, the commander
of the Space Division of the IRGC-AF.
SEC. 1713. REPORT ON SUPPORT FOR IRAN'S SPACE, AEROSPACE, AND
BALLISTIC MISSILE SECTORS AND UNITED STATES
CAPACITY TO DENY INTERCONTINENTAL BALLISTIC
MISSILE ATTACKS FROM IRAN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of the Treasury, the
Secretary of State, the Secretary of Commerce, and the
Director of National Intelligence, shall submit to the
congressional defense committees a report that includes the
following:
(1) An identification of entities in Iran not subject to
sanctions imposed by the United States as of the date of the
report that are helping to support Iran's space, aerospace,
and ballistic missile sectors, including public and private
entities making a material contribution to Iran's development
of space-launch vehicles or ICBMs.
(2) An identification of the countries the governments of
which continue to support Iran's space, aerospace, and
ballistic missile activities.
(3) With respect to each country identified under paragraph
(2), the following:
(A) Actions taken by the government of the country or other
entities within the country to support Iran's space,
aerospace, and ballistic missile activities, including the
transfer of missiles, engines, propellant or materials that
can be used for fuel, or other technologies that could make a
material contribution to development of space-launch vehicles
or ICBMs.
(B) Any actions described in subparagraph (A) or proposals
for such actions being negotiated or discussed as of the date
of the report.
(4) An assessment of Iran's ICBM technology, including the
following:
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(A) Key steps Iran would need to take to develop an ICBM.
(B) An assessment of which rocket motors Iran would likely
use to build an ICBM.
(C) Technological hurdles Iran would still need to overcome
to develop an ICBM.
(D) Pathways to overcome the hurdles described in
subparagraph (C), including the potential transfer of
technologies from North Korea, the Russian Federation, or the
People's Republic of China.
(E) An estimated timeline for Iran to develop an ICBM if
Iran chooses to do so.
(b) Updates.--As new information becomes available and not
less frequently than annually, the Secretary shall submit to
the congressional defense committees an updated version of
the report required by subsection (a) that includes updated
information under paragraphs (1) through (4) of that
subsection.
(c) Form.--Each report submitted under this section shall
be submitting in unclassified form, but may include a
classified annex.
(d) Congressional Defense Committees Defined.--In this
section, the term ``congressional defense committees'' has
the meaning given that term in section 101(a)(16) of title
10, United States Code.
SEC. 1714. REPORT ON SENIOR OFFICIALS OF GOVERNMENT OF IRAN
RESPONSIBLE FOR SPACE-LAUNCH VEHICLE OR
BALLISTIC MISSILE TESTS.
(a) 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 space-launch vehicle or ballistic
missile, the President shall submit to the appropriate
congressional committees a notification that identifies each
senior official of the Government of Iran that the President
determines is responsible for ordering, controlling, or
otherwise directing the test.
(b) Elements.--The notification required by subsection (a)
shall include--
(1) available information on the ballistic missile or the
generic class of ballistic missile or space rocket that was
launched;
(2) the trajectory, duration, range, and altitude of the
flight of the missile or rocket;
(3) the duration, range, and altitude of the flight of each
stage of the missile or rocket;
(4) the location of the launch point and impact point;
(5) the payload; and
(6) other technical information that is available.
(c) Form.--The notification required by subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
Subtitle B--Sanctions and Reports Relating to Iranian Unmanned Aerial
Systems
SEC. 1721. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Iran has a robust unmanned aerial system program under
which Iran operates several unmanned aerial systems,
including combat drones, drones capable of conducting
intelligence, surveillance, and reconnaissance, and suicide
or kamikaze drones.
(2) Iran has supplied thousands of unmanned aerial systems
to the Russian Federation, including several hundred of the
Shahed-136 suicide drone.
(3) Iran and the Russian Federation are reportedly planning
to build 6,000 Geran-2 drones, the Russian-made version of
the Iranian Shahed-136, at a new facility in the Russian
Federation.
(4) The Iranian supply of unmanned aerial systems to the
Russian Federation has fueled the Russian Federation's
murderous invasion of Ukraine and caused countless civilian
deaths.
(5) The United States found parts made by more than a dozen
United States or western companies in an Iranian unmanned
aerial system downed in Ukraine, which are likely transferred
to Iran illegally.
(6) Iran is also responsible for the proliferation of
unmanned aerial systems to terrorist groups in the Middle
East, including Hamas in Gaza, Hezbollah in Lebanon, and the
Houthis in Yemen, which have all employed drones in their
murderous attacks on Israel following the October 7, 2023,
terrorist attacks by Hamas in Israel, which killed more than
1,400 innocent civilians.
(7) Iran's transfer of unmanned aerial systems to other
governments and terrorist groups has violated Annex B of
United Nations Security Council Resolution 2231 (2015) and
restrictions imposed under the Joint Comprehensive Plan of
Action, which expired on October 18, 2023.
(8) Upon the expiration of those restrictions, Iran's
transfer of deadly unmanned aerial systems and ballistic
missiles to actors like Hamas and the Russian Federation
became legal under international law.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Iran's unmanned aerial system program contributes
significantly to the instability of the Middle East and
threatens the security of the United States and its partners
in the Middle East, including Israel;
(2) the provision of Iranian unmanned aerial systems gives
the Russian Federation an advantage in its war in Ukraine and
contributes to the dangerous partnership between Iran and the
Russian Federation;
(3) the expiration of restrictions under the Joint
Comprehensive Plan of Action and Annex B of United Nations
Security Council Resolution 2231 on October 18, 2023, helps
facilitate Iran's development and transfer of deadly unmanned
aerial systems and ballistic missiles to actors like Hamas
and the Russian Federation; and
(4) the United States should seek to hinder Iran's unmanned
aerial system production, its transfer of such systems to the
Russian Federation, Hamas, and other hostile state and non-
state actors, and to prevent the further use of United States
components in Iranian unmanned aerial systems.
SEC. 1722. INCLUSION OF UNMANNED AERIAL SYSTEMS AND CRUISE
MISSILES UNDER COMPREHENSIVE IRAN SANCTIONS,
ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010.
(a) Findings.--Section 2(1) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8501(1)) is amended by striking ``and ballistic
missiles'' and inserting ``, ballistic missiles, and unmanned
aerial systems and cruise missiles''.
(b) Inclusion in Goods, Services, and Technologies of
Diversion Concern.--Section 302(b)(1)(B) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C. 8542(b)(1)(B)) is amended--
(1) in clause (ii), by striking ``; or'' and inserting a
semicolon;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) unmanned aerial system (as defined in section 1727
of the No ICBMs for Iran Act of 2024) or cruise missile
program; or''.
(c) Sunset.--Section 401(a)(2) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8551(a)(2)) is amended by striking ``and ballistic
missiles and ballistic missile launch technology'' and
inserting ``, ballistic missiles and ballistic missile launch
technology, and unmanned aerial system (as defined in section
1727 of the No ICBMs for Iran Act of 2024) and cruise missile
programs.''.
SEC. 1723. INCLUSION OF UNMANNED AERIAL SYSTEMS IN
ENFORCEMENT OF ARMS EMBARGOS UNDER COUNTERING
AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT.
Section 107(a)(1) of the Countering America's Adversaries
Through Sanctions Act (22 U.S.C. 9406(a)(1)) is amended by
inserting ``unmanned aerial systems (as defined in section
1727 of the No ICBMs for Iran Act of 2024),'' after
``warships,''.
SEC. 1724. INCLUSION OF UNMANNED AERIAL SYSTEMS UNDER IRAN-
IRAQ ARMS NON-PROLIFERATION ACT OF 1992.
Section 1608(1) of the Iran-Iraq Arms Non-Proliferation Act
of 1992 (Public Law 102-484; 50 U.S.C. 1701 note) is amended
by inserting ``unmanned aerial systems (as defined in section
1727 of the No ICBMs for Iran Act of 2024),'' after ``cruise
missiles,''.
SEC. 1725. STRATEGY TO COUNTER IRANIAN UNMANNED AERIAL
SYSTEMS.
(a) 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 (with a
classified annex) that includes a strategy for countering
Iran's growing unmanned aerial systems program and its
transfer of unmanned aerial systems and related technology to
foreign states and non-state actors.
(b) Plan to Prevent Iran Obtaining United States
Materials.--
(1) In general.--The strategy required by subsection (a)
shall draw upon the work of the President Biden's interagency
task force investigating the presence of United States parts
in Iranian unmanned aerial systems to develop a plan for
preventing Iran from obtaining United States materials for
its unmanned aerial system program.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A list of identified United States components found in
Iranian unmanned aerial systems and a list of United States
suppliers of those components.
(B) An assessment of existing export controls for
components described in subparagraph (A) and a plan to
strengthen those export controls, including through any
necessary legislative action by Congress.
(C) An investigation into and identification of foreign
actors, including individuals and government and
nongovernmental entities, that are supplying components to
the Iranian unmanned aerial system and weapons programs.
(D) Strategies to deny supply chains for such components,
including any sanctions or other actions to target the
individuals or entities identified under subparagraph (C).
(E) An identification of any additional authorities or
funding needed to enable the investigation of how Iran is
obtaining United States components for its unmanned aerial
system program.
(F) An assessment of how the Bureau of Industry and
Security of the Department of Commerce is monitoring
compliance with their restrictions on Iranian unmanned aerial
system producers aimed at ensuring
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United States and other foreign-made components are not being
used in Iranian unmanned aerial systems.
(G) An investigation into Iran's use of shell companies to
evade sanctions and restrictions on the use of United States
or other foreign-made components in Iranian unmanned aerial
system production.
(H) Strategies to ensure United States manufacturers of
critical components for unmanned aerial systems can verify
the end users of those components.
(I) Any other actions that could be use to disrupt Iran's
unmanned aerial system and weapons programs and its transfers
to foreign states and non-state actors.
(c) Diplomatic Strategy.--The strategy required by
subsection (a) shall include a diplomatic strategy to
coordinate with allies of the United States to counter Iran's
unmanned aerial system production and transfer of unmanned
aerial systems and related technologies to foreign states and
non-state actors, including the following:
(1) Coordination with respect to sanctions comparable to
the sanctions the United States is required to apply under
the amendments made by this subtitle.
(2) Intelligence sharing with allies of the United States
to determine how Iran is obtaining western components for its
unmanned aerial system program.
(3) Intelligence sharing with allies of the United States
to track, monitor, and disrupt Iranian transfers of its
unmanned aerial system technology to foreign states and non-
state actors.
(4) A plan to cooperate with allies of the United States to
develop or advance anti-unmanned aerial system equipment.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1726. REPORT ON SUPPORT FOR IRAN'S UNMANNED AERIAL
SYSTEM PROGRAM AND RELATED TECHNOLOGY
TRANSFERS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, the Director of
National Intelligence, the Secretary of the Treasury, and the
Secretary of Commerce, shall submit to the congressional
defense committees a report that outlines the following:
(1) Domestic industries, individuals, or entities in Iran
not subject to sanctions imposed by the United States as of
the date of the report that are helping to support Iran's
unmanned aerial system program, including both public and
private entities making a material contribution to Iran's
production of unmanned aerial systems.
(2) A list of foreign states or non-state actors using
Iranian unmanned aerial system technology or looking to
purchase it, including any negotiations or discussions
ongoing as of the date of the enactment of this Act between
Iran and a foreign state or non-state actor to acquire such
technology from Iran.
(3) An assessment of cooperation between Iran and the
People's Republic of China to develop, produce, acquire, or
export unmanned aerial system technology.
(4) An assessment of cooperation between Iran and the
Russian Federation to develop, produce, acquire, or export
unmanned aerial system technology, including a status update
on Russian capabilities to produce Iranian unmanned aerial
systems.
(5) An assessment on how the October 18, 2023, expiration
of sanctions and other restrictions under Annex B of United
Nations Security Council Resolution 2231 (2015) have or have
not increased cooperation between Iran and the Russian
Federation or Iran and the People's Republic of China
relating to transactions previously restricted under that
resolution.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Congressional Defense Committees Defined.--In this
section, the term ``congressional defense committees'' has
the meaning given that term in section 101(a)(16) of title
10, United States Code.
SEC. 1727. UNMANNED AERIAL SYSTEM DEFINED.
In this subtitle, the term ``unmanned aerial system''--
(1) means an aircraft without a human pilot onboard that is
controlled by an operator remotely or programmed to fly
autonomously; and
(2) includes--
(A) unmanned vehicles that conduct intelligence,
surveillance, or reconnaissance operations;
(B) unmanned vehicles that can loiter, such as suicide or
kamikaze drones; and
(C) unmanned combat aerial vehicles.
Subtitle C--Expansion of Iran Sanctions Act of 1996
SEC. 1731. EXPANSION OF IRAN SANCTIONS ACT OF 1996.
(a) Expansion of Sanctions With Respect to Weapons of Mass
Destruction and Conventional Weapons.--Section 5(b)(1) of the
Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C.
1701 note) is amended--
(1) in the paragraph heading, by striking ``Exports,
transfers, and transshipments'' and inserting ``Weapons of
mass destruction and conventional weapons'';
(2) in subparagraph (A), by striking ``the Iran Threat
Reduction and Syria Human Rights Act of 2012'' and inserting
``the No ICBMs for Iran Act of 2024'';
(3) in subparagraph (B)--
(A) in clause (i), by striking ``would likely'' and
inserting ``may'';
(B) in clause (ii)--
(i) in subclause (I)--
(I) by striking ``or develop'' and inserting ``develop, or
export''; and
(II) by striking ``; or'' and inserting a semicolon;
(ii) by redesignating subclause (II) as subclause (IV); and
(iii) by inserting after subclause (I) the following:
``(II) acquire or develop ballistic missiles or ballistic
missile launch technologies;
``(III) acquire or develop unmanned aerial systems (as
defined in section 1727 of the No ICBMs for Iran Act of
2024); or''.
(b) Sanctions With Respect to Space-launch and Ballistic
Missile Programs.--Section 5(b) of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended by
adding at the end the following:
``(4) Space-launch and ballistic missile goods, services,
or technology.--
``(A) Transfer to iran.--Except as provided in subsection
(f), the President shall impose 5 or more of the sanctions
described in section 6(a) with respect to a person if the
President determines that the person, on or after the date of
the enactment of the No ICBMs for Iran Act of 2024, knowingly
exports, transfers, or permits or otherwise facilitates the
transshipment or reexport of goods, services, technology, or
other items to Iran that may support Iran's efforts to
acquire, develop, or export its space-launch programs, space-
launch vehicles, or ballistic missiles or ballistic missile
launch technologies.
``(B) Development and support for development.--Except as
provided in subsection (f), the President shall impose 5 or
more of the sanctions described in section 6(a) with respect
to--
``(i) an agency or instrumentality of the Government of
Iran if the President determines that the agency or
instrumentality knowingly, on or after the date of the
enactment of the No ICBMs for Iran Act of 2024, seeks to
develop, procure, or acquire goods, services, or technology
that may support efforts by the Government of Iran with
respect to space-launch vehicle or ballistic missile-related
goods, services, and items listed on the Equipment, Software,
and Technology Annex of the Missile Technology Control Regime
(commonly referred to as the `MTCR Annex');
``(ii) a foreign person or an agency or instrumentality of
a foreign state (as defined in section 1603(b) of title 28,
United States Code) if the President determines that the
person or agency or instrumentality knowingly, on or after
such date of enactment, provides material support to the
Government of Iran that may support efforts by the Government
of Iran with respect to space-launch vehicle or ballistic
missile-related goods, services, and items listed on the MTCR
Annex; and
``(iii) a foreign person that the President determines
knowingly, on or after such date of enactment, engages in a
transaction or transactions with, or provides financial
services for, a foreign person or an agency or
instrumentality of a foreign state described in clause (i) or
(ii) with respect to space-launch vehicle or ballistic
missile-related goods, services, and items listed on the MTCR
Annex.
``(C) Congressional requests.--Not later than 30 days after
receiving a request from the chairman or ranking member of
the appropriate congressional committees with respect to
whether a person meets the criteria for the imposition of
sanctions under subparagraph (A) or (B), the President
shall--
``(i) determine if the person meets such criteria; and
``(ii) submit a report to the chairman or ranking member,
as the case may be, who submitted the request with respect to
that determination that includes a statement of whether or
not the President imposed or intends to impose sanctions with
respect to the person.''.
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