I 118THCONGRESS 1 STSESSION H. R. 3152 To impose sanctions with respect to countries, individuals, and entities that engage in any effort to acquire, possess, develop, transport, transfer, or deploy Iranian missiles and related goods and technology, including materials and equipment, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY9, 2023 Mr. M CCAUL(for himself, Mr. MEEKS, Mr. WILSONof South Carolina, and Mr. P HILLIPS) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To impose sanctions with respect to countries, individuals, and entities that engage in any effort to acquire, possess, develop, transport, transfer, or deploy Iranian missiles and related goods and technology, including materials and equipment, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3152 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Fight and Combat 2 Rampant Iranian Missile Exports Act’’ or the ‘‘Fight 3 CRIME Act’’. 4 SEC. 2. FINDINGS. 5 Congress makes the following findings: 6 (1) Annex B to United Nations Security Coun-7 cil Resolution 2231 (2015) restricts certain missile- 8 related activities and transfers to and from Iran, in-9 cluding all items, materials, equipment, goods, and 10 technology set out in the Missile Technology Control 11 Regime Annex, absent advance, case-by-case ap-12 proval from the United Nations Security Council. 13 (2) Iran has transferred Shahed and Mohajer 14 drones, covered under the Missile Technology Con-15 trol Regime Annex, to the Russian Federation, the 16 Government of Ethiopia, and other Iran-aligned en-17 tities, including the Houthis in Yemen and militia 18 units in Iraq, without prior authorization from the 19 United Nations Security Council, in violation of the 20 restrictions set forth in Annex B to United Nations 21 Security Council Resolution 2231. 22 (3) Absent action by the United Nations Secu-23 rity Council, certain missile-related restrictions in 24 Annex B to United Nations Security Council Resolu-25 tion 2231 will expire in October 2023, removing 26 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3152 IH international legal restrictions on missile-related ac-1 tivities and transfers to and from Iran. 2 SEC. 3. STATEMENT OF POLICY. 3 It is the policy of the United States— 4 (1) to urgently seek the extension of missile-re-5 lated restrictions set forth in Annex B to United Na-6 tions Security Council Resolution 2231 (2015); 7 (2) to use all available authorities to constrain 8 Iran’s domestic ballistic missile production capabili-9 ties; 10 (3) to combat and deter the transfer of conven-11 tional and non-conventional arms, equipment, mate-12 rial, and technology to, or from Iran, or involving 13 the Government of Iran; and 14 (4) to ensure countries, individuals, and entities 15 engaged in, or attempting to engage in, the acquisi-16 tion, facilitation, or development of arms and related 17 components and technology subject to restrictions 18 under Annex B to United Nations Security Council 19 Resolution 2231 are held to account under United 20 States and international law, including through the 21 application and enforcement of sanctions and use of 22 export controls, regardless of whether the restric-23 tions under Annex B to United Nations Security 24 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3152 IH Council Resolution 2231 remain in effect following 1 their anticipated expiration in October 2023. 2 SEC. 4. REPORT. 3 (a) I NGENERAL.—Not later than 90 days after the 4 date of the enactment of this Act, and annually thereafter 5 for two years, the Secretary of State, in coordination with 6 the heads of other appropriate Federal agencies, shall sub-7 mit to the appropriate congressional committees an un-8 classified report, with a classified annex if necessary, that 9 includes the following: 10 (1) A diplomatic strategy to secure the renewal 11 of international restrictions on certain missile-re-12 lated activities, including transfers to and from Iran 13 set forth in Annex B to United Nations Security 14 Council Resolution 2231 (2015), prior to October 15 2023. 16 (2) An analysis of how the expiration of missile- 17 related restrictions set forth in Annex B to United 18 Nations Security Council Resolution 2231 would im-19 pact the Government of Iran’s arms proliferation 20 and malign activities, including as the restrictions 21 relate to cooperation with, and support for, Iran- 22 aligned entities and allied countries. 23 (3) An assessment of the revenue, or in-kind 24 benefits, to be accrued by the Government of Iran, 25 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3152 IH or Iran-aligned entities, as a result of a lapse in mis-1 sile-related restrictions set forth in Annex B to 2 United Nations Security Council Resolution 2231. 3 (4) A detailed description of a United States 4 strategy to deter, prevent, and disrupt the sale, pur-5 chase, or transfer of covered technology involving 6 Iran absent restrictions pursuant to Annex B to 7 United Nations Security Council Resolution 2231. 8 (5) An identification of any foreign person en-9 gaging in, enabling, or otherwise facilitating any ac-10 tivity involving Iran restricted under Annex B to 11 United Nations Security Council Resolution 2231, 12 regardless of whether such restrictions remain in ef-13 fect after October 2023. 14 (6) A description of actions by the United Na-15 tions and other multilateral organizations, including 16 the European Union, to hold accountable foreign 17 persons that have violated the restrictions set forth 18 in Annex B to United Nations Security Council Res-19 olution 2231, and efforts to prevent further viola-20 tions of such restrictions. 21 (7) A description of actions by individual mem-22 ber states of the United Nations Security Council to 23 hold accountable foreign persons that have violated 24 restrictions set forth in Annex B to United Nations 25 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3152 IH Security Council Resolution 2231 and efforts to pre-1 vent further violations of such restrictions. 2 (8) A description of actions by the People’s Re-3 public of China, the Russian Federation, or any 4 other country to prevent, interfere with, or under-5 mine efforts to hold accountable foreign persons that 6 have violated the restrictions set forth in Annex B 7 to United Nations Security Council Resolution 2231, 8 including actions to restrict United Nations-led in-9 vestigations into suspected violations of such restric-10 tions, or limit funding to relevant United Nations of-11 fices or experts. 12 (9) An analysis of the foreign and domestic 13 supply chains in Iran that directly or indirectly fa-14 cilitate, support, or otherwise aid the Government of 15 Iran’s drone or missile program, including storage, 16 transportation, or flight-testing of related goods, 17 technology, or components. 18 (10) An identification of any foreign person, or 19 network containing foreign persons, that enables, 20 supports, or otherwise facilitates the operations or 21 maintenance of any Iranian airline subject to United 22 States sanctions or export control restrictions. 23 (11) An assessment of how the continued oper-24 ation of Iranian airlines subject to United States 25 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3152 IH sanctions or export control restrictions impacts the 1 Government of Iran’s ability to transport or develop 2 arms, including covered technology. 3 (b) S COPE.—The initial report required by subsection 4 (a) shall address the period beginning on January 1, 2021, 5 and ending on the date that is 90 days after date of the 6 enactment of this Act, and each subsequent report shall 7 address the one-year period following the conclusion of the 8 prior report. 9 SEC. 5. SANCTIONS TO COMBAT THE PROLIFERATION OF 10 IRANIAN MISSILES. 11 (a) I NGENERAL.—The sanctions described in sub-12 section (b) shall apply to any foreign person the President 13 determines, on or after the date of the enactment of this 14 Act— 15 (1) knowingly engages in any effort to acquire, 16 possess, develop, transport, transfer, or deploy cov-17 ered technology to, from, or involving the Govern-18 ment of Iran or Iran-aligned entities, regardless of 19 whether the restrictions set forth in Annex B to 20 United Nations Security Council Resolution 2231 21 (2015) remain in effect after October 2023; 22 (2) knowingly provides entities owned or con-23 trolled by the Government of Iran or Iran-aligned 24 entities with goods, technology, parts, or compo-25 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3152 IH nents, that may contribute to the development of 1 covered technology; 2 (3) knowingly participates in joint missile or 3 drone development, including development of covered 4 technology, with the Government of Iran or Iran- 5 aligned entities, including technical training, storage, 6 and transport; 7 (4) knowingly imports, exports, or re-exports to, 8 into, or from Iran, whether directly or indirectly, 9 any significant arms or related materiel prohibited 10 under paragraph (5) or (6) to Annex B of United 11 Nations Security Council Resolution 2231 (2015) as 12 of April 1, 2023; 13 (5) knowingly provides significant financial, ma-14 terial, or technological support to, or knowingly en-15 gages in a significant transaction with, a foreign 16 person subject to sanctions for conduct described in 17 paragraph (1), (2), (3), or (4); or 18 (6) is an adult family member of a person sub-19 ject to sanctions for conduct described in paragraph 20 (1), (2), (3), or (4). 21 (b) S ANCTIONSDESCRIBED.—The sanctions de-22 scribed in this subsection are the following: 23 (1) B LOCKING OF PROPERTY .—The President 24 shall exercise all authorities granted under the Inter-25 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3152 IH national Emergency Economic Powers Act (50 1 U.S.C. 1701 et seq.) to the extent necessary to block 2 and prohibit all transactions in property and inter-3 ests in property of the foreign person if such prop-4 erty and interests in property are in the United 5 States, come within the United States, or come with-6 in the possession or control of a United States per-7 son. 8 (2) I NELIGIBILITY FOR VISAS, ADMISSION, OR 9 PAROLE.— 10 (A) V ISAS, ADMISSION, OR PAROLE.—An 11 alien described in subsection (a) shall be— 12 (i) inadmissible to the United States; 13 (ii) ineligible to receive a visa or other 14 documentation to enter the United States; 15 and 16 (iii) otherwise ineligible to be admitted 17 or paroled into the United States or to re-18 ceive any other benefit under the Immigra-19 tion and Nationality Act (8 U.S.C. 1101 et 20 16 seq.). 21 (B) C URRENT VISAS REVOKED .— 22 (i) I N GENERAL.—The visa or other 23 entry documentation of any alien described 24 in subsection (a) is subject to revocation 25 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3152 IH regardless of the issue date of the visa or 1 other entry documentation. 2 (ii) I MMEDIATE EFFECT .—A revoca-3 tion under clause (i) shall, in accordance 4 with section 221(i) of the Immigration and 5 Nationality Act (8 U.S.C. 1201(i))— 6 (I) take effect immediately; and 7 (II) cancel any other valid visa or 8 entry documentation that is in the 9 possession of the alien. 10 (c) P ENALTIES.—Any person that violates, or at-11 tempts to violate, subsection (b) or any regulation, license, 12 or order issued pursuant to that subsection, shall be sub-13 ject to the penalties set forth in subsections (b) and (c) 14 of section 206 of the International Economic Powers Act 15 (50 U.S.C. 1705) to the same extent as a person that com-16 mits an unlawful act described in subsection (a) of that 17 section. 18 (d) W AIVER.—The President may waive the applica-19 tion of sanctions under this section with respect to a for-20 eign person only if, not later than 15 days prior to the 21 date on which the waiver is to take effect, the President 22 submits to the appropriate congressional committees a 23 written determination and justification that the waiver is 24 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3152 IH in the vital national security interests of the United 1 States. 2 (e) I MPLEMENTATION.—The President may exercise 3 all authorities provided under sections 203 and 205 of the 4 International Emergency Economic Powers Act (50 5 U.S.C. 1702 and 1704) to carry out any amendments 6 made by this section. 7 (f) R EGULATIONS.— 8 (1) I N GENERAL.—The President shall, not 9 later than 120 days after the date of the enactment 10 of this Act, promulgate regulations as necessary for 11 the implementation of this Act and the amendments 12 made by this Act. 13 (2) N OTIFICATION TO CONGRESS .—Not less 14 than 10 days before the promulgation of regulations 15 under subsection (a), the President shall notify the 16 appropriate congressional committees of the pro-17 posed regulations and the provisions of this Act and 18 the amendments made by this Act that the regula-19 tions are implementing. 20 (g) E XCEPTIONS.— 21 (1) E XCEPTION FOR INTELLIGENCE ACTIVI -22 TIES.—Sanctions under this section shall not apply 23 to any activity subject to the reporting requirements 24 under title V of the National Security Act of 1947 25 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3152 IH (50 U.S.C. 3091 et seq.) or any authorized intel-1 ligence activities of the United States. 2 (2) E XCEPTION TO COMPLY WITH INTER -3 NATIONAL OBLIGATIONS AND FOR LAW ENFORCE -4 MENT ACTIVITIES.—Sanctions under this section 5 shall not apply with respect to an alien if admitting 6 or paroling the alien into the United States is nec-7 essary— 8 (A) to permit the United States to comply 9 with the Agreement regarding the Head-10 quarters of the United Nations, signed at Lake 11 Success June 26, 1947, and entered into force 12 November 21, 1947, between the United Na-13 tions and the United States, or other applicable 14 international obligations; or 15 (B) to carry out or assist authorized law 16 enforcement activity in the United States. 17 (h) T ERMINATION OF SANCTIONS.—This section 18 shall cease to be effective beginning on the date that is 19 30 days after the date on which the President certifies 20 to the appropriate congressional committees that— 21 (1) the Government of Iran no longer repeat-22 edly provides support for international terrorism as 23 determined by the Secretary of State pursuant to— 24 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 3152 IH (A) section 1754(c)(1)(A) of the Export 1 Control Reform Act of 2018 (50 U.S.C. 2 4318(c)(1)(A)); 3 (B) section 620A of the Foreign Assistance 4 Act of 1961 (22 U.S.C. 2371); 5 (C) section 40 of the Arms Export Control 6 Act (22 U.S.C. 2780); or 7 (D) any other provision of law; and 8 (2) Iran has ceased the pursuit, acquisition, 9 and development of, and verifiably dismantled its, 10 nuclear, biological, and chemical weapons and bal-11 listic missiles and ballistic missile launch technology. 12 SEC. 6. DEFINITIONS. 13 In this Act: 14 (1) A PPROPRIATE CONGRESSIONAL COMMIT -15 TEES.—The term ‘‘appropriate congressional com-16 mittees’’ means— 17 (A) the Committee on Foreign Affairs and 18 the Committee on the Judiciary of the House of 19 Representatives; and 20 (B) the Committee on Foreign Relations 21 and the Committee on Banking, Housing, and 22 Urban Affairs of the Senate. 23 (2) F OREIGN PERSON.—The term ‘‘foreign per-24 son’’— 25 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 14 •HR 3152 IH (A) means an individual or entity that is 1 not a United States person; and 2 (B) includes a foreign state (as such term 3 is defined in section 1603 of title 28, United 4 States Code). 5 (3) G OVERNMENT OF IRAN .—The term ‘‘Gov-6 ernment of Iran’’ has the meaning given such term 7 in section 560.304 of title 31, Code of Federal Reg-8 ulations, as such section was in effect on January 1, 9 2021. 10 (4) U NITED STATES PERSON .—The terms 11 ‘‘United States person’’ means— 12 (A) a United States citizen; 13 (B) a permanent resident alien of the 14 United States; 15 (C) an entity organized under the laws of 16 the United States or of any jurisdiction within 17 the United States, including a foreign branch of 18 such an entity; or 19 (D) a person in the United States. 20 (5) I RAN-ALIGNED ENTITY.—The term ‘‘Iran- 21 aligned entity’’ means a foreign person that— 22 (A) is controlled or significantly influenced 23 by the Government of Iran; and 24 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 15 •HR 3152 IH (B) knowingly receives material or finan-1 cial support from the Government of Iran, in-2 cluding Hezbollah, the Houthis, or any other 3 proxy group that furthers Iran’s national secu-4 rity objectives. 5 (6) C OVERED TECHNOLOGY .—The term ‘‘cov-6 ered technology’’ means— 7 (A) any goods, technology, software, or re-8 lated material specified in the Missile Tech-9 nology Control Regime Annex, as in effect on 10 the day before the date of the enactment of this 11 Act; and 12 (B) any additional goods, technology, soft-13 ware, or related material added to the Missile 14 Technology Control Regime Annex after the 15 day before the date of the enactment of this 16 Act. 17 (7) F AMILY MEMBER.—The term ‘‘family mem-18 ber’’ means— 19 (A) a child, grandchild, parent, grand-20 parent, sibling, or spouse; and 21 (B) any spouse, widow, or widower of an 22 individual described in subparagraph (A). 23 VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS 16 •HR 3152 IH (8) KNOWINGLY.—The term ‘‘knowingly’’ has 1 the meaning given that term in section 14 of the 2 Iran Sanctions Act of 1996 (50 U.S.C. 1701 note). 3 (9) M ISSILE TECHNOLOGY CONTROL REGIME .— 4 The term ‘‘Missile Technology Control Regime’’ 5 means the policy statement, between the United 6 States, the United Kingdom, the Federal Republic of 7 Germany, France, Italy, Canada, and Japan, an-8 nounced on April 16, 1987, to restrict sensitive mis-9 sile-relevant transfers based on the Missile Tech-10 nology Control Regime Annex, and any amendments 11 thereto or expansions thereof, as in effect on the day 12 before the date of the enactment of this Act. 13 (10) M ISSILE TECHNOLOGY CONTROL REGIME 14 ANNEX.—The term ‘‘Missile Technology Control Re-15 gime Annex’’ means the Guidelines and Equipment 16 and Technology Annex of the Missile Technology 17 Control Regime, and any amendments thereto or up-18 dates thereof, as in effect on the day before the date 19 of the enactment of this Act. 20 Æ VerDate Sep 11 2014 01:25 May 20, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6301 E:\BILLS\H3152.IH H3152 kjohnson on DSK79L0C42PROD with BILLS