[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2336 Reported in Senate (RS)]
<DOC>
Calendar No. 372
118th CONGRESS
2d Session
S. 2336
To address the threat from the development of Iran's ballistic missile
program and the transfer or deployment of Iranian missiles and related
goods and technology, including materials and equipment, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2023
Mr. Menendez (for himself, Mr. Hagerty, Mr. Ricketts, and Mr. Grassley)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
May 7, 2024
Reported by Mr. Cardin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To address the threat from the development of Iran's ballistic missile
program and the transfer or deployment of Iranian missiles and related
goods and technology, including materials and equipment, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLES.</DELETED>
<DELETED> This Act may be cited as the ``Making Iran Sanctions Stick
In Lieu of Expiration of Sanctions Act'' or the ``MISSILES
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) to urgently seek the extension of missile-
related restrictions set forth in Annex B to United Nations
Security Council Resolution 2231 (2015); and</DELETED>
<DELETED> (4) to use all available authorities to constrain
Iran's domestic ballistic missile production
capabilities.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations of
the Senate;</DELETED>
<DELETED> (B) the Committee on Banking, Housing, and
Urban Affairs of the Senate;</DELETED>
<DELETED> (C) the Committee on Foreign Affairs of
the House of Representatives; and</DELETED>
<DELETED> (D) the Committee on the Judiciary of the
House of Representatives.</DELETED>
<DELETED> (2) Covered technology.--The term ``covered
technology'' means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Foreign person.--The term ``foreign person''--
</DELETED>
<DELETED> (A) means an individual or entity that is
not a United States person; and</DELETED>
<DELETED> (B) includes a foreign state (as such term
is defined in section 1603 of title 28, United States
Code).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Iran-aligned entity.--The term ``Iran-aligned
entity'' means a foreign person that--</DELETED>
<DELETED> (A) is controlled by or reports directly
to the Government of Iran; and</DELETED>
<DELETED> (B) knowingly receives material or
financial support from the Government of Iran,
including Hezbollah, Ansar Allah, or another Iranian-
backed proxy group.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 in effect on the day before the date of the
enactment of this Act.</DELETED>
<DELETED> (10) United states person.--The terms ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen;</DELETED>
<DELETED> (B) a permanent resident alien of the
United States;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) a person in the United
States.</DELETED>
<DELETED>SEC. 5. DEPARTMENT OF STATE REPORT ON DIPLOMATIC STRATEGY AND
OTHER ASPECTS OF UNITED NATIONS SECURITY COUNCIL
RESOLUTION 2231 EXPIRATIONS.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. COMBATING THE PROLIFERATION OF IRANIAN
MISSILES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Sanctions Described.--The sanctions described in this
subsection are the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Ineligibility for visas, admission, or
parole.--</DELETED>
<DELETED> (A) Visas, admission, or parole.--An alien
described in subsection (a) shall be--</DELETED>
<DELETED> (i) inadmissible to the United
States;</DELETED>
<DELETED> (ii) ineligible to receive a visa
or other documentation to enter the United
States; and</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (B) Current visas revoked.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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))--</DELETED>
<DELETED> (I) take effect
immediately; and</DELETED>
<DELETED> (II) cancel any other
valid visa or entry documentation that
is in the possession of the
alien.</DELETED>
<DELETED> (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