Us Congress 2023 2023-2024 Regular Session

Us Congress House Bill HB3152 Introduced / Bill

Filed 05/22/2023

                    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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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
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(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
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(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
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(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 
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