Iran Ballistic Missiles and International Sanctions Enforcement Act
This bill states that it is U.S. policy to prevent Iran from undertaking any activity related to nuclear-capable ballistic missiles.
The President shall report to Congress regarding the foreign and domestic supply chain in Iran that supports Iran's ballistic missile program. The report shall identify individuals and companies involved in such activities.
The President shall submit to Congress a determination of whether any Iranian ballistic missile test violates United Nations Security Council Resolution 2231. Such resolution endorses the Joint Comprehensive Plan of Action and sets out a mechanism to monitor Iranian compliance.
The President shall impose sanctions against: (1) Iranian government agencies involved in ballistic missile development; (2) foreign entities that supply material for, or otherwise facilitate or finance, such efforts; (3) foreign persons or foreign government agencies that import, export, or re-export prohibited arms or related material to or from Iran; and (4) foreign persons or entities that transfer goods or technologies contributing to Iran's ability to acquire or develop ballistic missiles, including launch technology, and destabilizing numbers and types of advanced conventional weapons.
The President shall investigate potential violations of ballistic missile and conventional weapons sanctions against Iran.
The President shall report to Congress regarding credible information about Iran's violations of arms restrictions and attempts to pursue sanctionable activities.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1698 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1698
To expand sanctions against Iran with respect to the ballistic missile
program of Iran, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 2017
Mr. Royce of California (for himself, Mr. Engel, Mr. McCarthy, and Mr.
Hoyer) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Financial Services, the Judiciary, Ways and Means, and Oversight and
Government Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To expand sanctions against Iran with respect to the ballistic missile
program of Iran, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Ballistic Missiles and
International Sanctions Enforcement Act''.
SEC. 2. SANCTIONS RELATING TO EFFORTS BY THE GOVERNMENT OF IRAN WITH
RESPECT TO BALLISTIC MISSILE-RELATED GOODS, SERVICES, AND
TECHNOLOGIES.
(a) Findings.--Congress finds the following:
(1) United Nations Security Council Resolution 2231
(2015)--
(A) calls upon Iran ``not to undertake any activity
related to ballistic missiles designed to be capable of
delivering nuclear weapons, including launches using
such ballistic missile technology''; and
(B) calls upon member states to ``take the
necessary measures to prevent, except as decided
otherwise by the UN Security Council in advance on a
case-by-case basis, the supply, sale, or transfer of
arms or related materiel from Iran''.
(2) The United States maintains bilateral sanctions against
Iran for its efforts to manufacture, acquire, possess, develop,
transport, transfer or use ballistic missiles or ballistic
missile launch technology, and its acquisition of destabilizing
types and amounts of conventional weapons.
(3) According to the 2016 Worldwide Threat Assessment, the
United States intelligence community judges ``that Tehran would
choose ballistic missiles as its preferred method of delivering
nuclear weapons, if it builds them. Iran's ballistic missiles
are inherently capable of delivering [weapons of mass
destruction], and Tehran already has the largest inventory of
ballistic missiles in the Middle East. Iran's progress on space
launch vehicles--along with its desire to deter the United
States and its allies--provides Tehran with the means and
motivation to develop longer-range missiles, including
ICBMs.''.
(4) Since the passage of United Nations Security Council
2231, Iran has conducted numerous tests of ballistic missiles
designed to be capable of delivering nuclear weapons, and has
acquired destabilizing types of conventional weapons.
(5) Iran has pursued the ability to indigenously produce
ballistic missile and cruise missile goods, services, and
technologies.
(b) Statement of Policy.--It is the policy of the United States to
prevent Iran from undertaking any activity related to ballistic
missiles designed to be capable of delivering nuclear weapons,
including launches using such ballistic missile technology.
(c) Report on Supply Chain of Iran's Ballistic Missile Program.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that contains the
following:
(A) An analysis of the foreign and domestic supply
chain in Iran that directly or indirectly significantly
facilitates, supports, or otherwise aids the Government
of Iran's ballistic missile program.
(B) A description of the geographic distribution of
the foreign and domestic supply chain described in
subparagraph (A).
(C) An assessment of the Government of Iran's
ability to indigenously manufacture or otherwise
produce the goods, services, or technology necessary to
support its ballistic missile program.
(D) An identification of foreign persons that have,
based on credible information, directly or indirectly
facilitated or supported the development of the
Government of Iran's ballistic missile program,
including the foreign and domestic supply chain
described in subparagraph (A).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Investigations.--Section (4)(e) of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended by inserting
``or 5(b)'' after ``section 5(a)'' each place it appears.
(e) Sanctionable Activities With Respect to Weapons of Mass
Destruction.--Paragraph (1) of section 5(b) of the Iran Sanctions Act
of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended--
(1) in the heading, by striking ``Exports, transfers, and
transshipments'' and inserting ``Weapons of mass destruction;
ballistic missiles; conventional weapons'';
(2) by striking ``Except as'' and inserting the following:
``(A) Weapons of mass destruction.--Except as'';
(3) by striking ``(A) on or after the date of the enactment
of the Iran Threat Reduction and Syria Human Rights Act of
2012'' and inserting the following:
``(i) on or after the date of the enactment
of the Iran Ballistic Missiles and
International Sanctions Enforcement Act'';
(4) by striking ``and'' at the end of subparagraph (A)(i)
(as so redesignated);
(5) by striking ``(B) knew'' and inserting the following:
``(ii) knew'';
(6) by striking ``(i) the export'' and inserting the
following:
``(I) the export'';
(7) by striking ``would likely'' and inserting ``may'';
(8) by striking ``(ii) the export'' and inserting the
following:
``(II) the export'';
(9) by striking ``(I) acquire'' and inserting the
following:
``(aa) acquire'';
(10) by striking ``; or'' at the end of subparagraph
(A)(ii)(II)(aa) (as so redesignated);
(11) by inserting after subparagraph (A)(ii)(II)(aa) (as so
redesignated) the following:
``(bb) acquire or develop
ballistic missiles or ballistic
missile launch technologies;
or'';
(12) by striking ``(II) acquire'' and inserting the
following:
``(cc) acquire'';
(13) by striking the period at the end of subparagraph
(A)(ii)(II)(cc) (as so redesignated) and inserting ``; and'';
and
(14) by adding at the end of subparagraph (A) the
following:
``(iii) knowingly exports or transfers, or
permits or otherwise facilitates the
transshipment or re-export of, any goods,
services, technology, or other items to Iran
that materially contributes to the ability of
Iran to--
``(I) acquire or develop ballistic
missiles or ballistic missile launch
technologies; or
``(II) acquire or develop
destabilizing numbers and types of
advanced conventional weapons (as such
term is defined in paragraphs (1) and
(2) of section 1608 of the Iran-Iraq
Arms Non-Proliferation Act of 1992).''.
(f) Sanctionable Activities With Respect to Ballistic Missiles.--
Paragraph (1) of section 5(b) of the Iran Sanctions Act of 1996 (Public
Law 104-172; 50 U.S.C. 1701 note), as amended by subsection (e), is
further amended by adding at the end the following:
``(B) Additional ballistic missile-related goods,
services, and technology.--
``(i) Additional authority.--The President
shall impose the sanctions described in
paragraph (8), (10), or (12) of section 6(a),
as the case may be, with respect to--
``(I) an agency or instrumentality
of the Government of Iran if the agency
or instrumentality, on or after the
date of the enactment of this
subparagraph, seeks to develop,
procure, or acquire goods, services, or
technology that materially contributes
to efforts by the Government of Iran
with respect to ballistic missile-
related goods, services, and
technologies as described in clause
(iii);
``(II) a foreign person or an
agency or instrumentality of a foreign
state if the person or agency or
instrumentality knowingly, on or after
the date of the enactment of this
paragraph, provides material support to
the Government of Iran that materially
contributes to efforts by the
Government of Iran with respect to
ballistic missile-related goods,
services, and technologies as described
in clause (iii); and
``(III) a foreign person that the
President determines knowingly engages
in a significant transaction or
transactions with, or provides
significant financial services for, a
foreign person or an agency or
instrumentality of a foreign state
described in subclause (I) or (II) with
respect to ballistic missile-related
goods, services, and technologies as
described in clause (iii).
``(ii) Determination on ballistic missile
tests.--
``(I) In general.--Not later than
30 days after the date on which the
President receives credible information
that the Government of Iran has
conducted a test of a ballistic
missile, the President shall submit to
the Committee on Foreign Affairs of the
House of Representatives and the
Committee on Foreign Relations of the
Senate a determination of whether or
not the test of such missile fails to
comply with, violates, or is in
defiance of United Nations Security
Council Resolution 2231 (2015).
``(II) Report.--
``(aa) In general.--If the
President determines pursuant
to subclause (I) that the test
of a ballistic missile fails to
comply with, violates, or is in
defiance of United Nations
Security Council Resolution
2231 (2015), the President
shall transmit to the Committee
on Foreign Affairs of the House
of Representatives and the
Committee on Foreign Relations
of the Senate a report that--
``(AA) identifies
each Iranian person
that the President
determines is
responsible for
ordering, controlling,
or otherwise directing
the missile test
described in subclause
(I);
``(BB) determines
whether the persons
described in sub-item
(AA) have been
designated for their
activities in support
of Iran's ballistic
missile program, and if
not, so designated, the
reasons therefor; and
``(CC) describes
the steps the President
is taking to respond to
the ballistic missile
test described in
subclause (I).
``(bb) Form.--The report
required by item (aa) shall be
submitted in unclassified form,
but may contain a classified
annex.
``(iii) Efforts by the government of iran
with respect to ballistic missile-related
goods, services, and technologies described.--
For purposes of subclauses (I) and (II) of
clause (i), efforts by the Government of Iran
with respect to ballistic missile-related
goods, services, and technologies described in
this subsection are efforts by the Government
of Iran to manufacture, acquire, possess,
develop, transport, transfer, test or use
ballistic missiles or associated goods,
services, or technology by the Government of
Iran in violation of section 3 of Annex B of
United Nations Security Council Resolution 2231
(2015), including efforts by the Government of
Iran to manufacture, acquire, possess, develop,
transport, transfer, purchase--
``(I) goods, services, or
technology listed on the Missile
Technology Control Regime Equipment and
Technology Annex of October 8, 2015,
and subsequent revisions that have been
acquired outside of the Procurement
Working Group; or
``(II) goods, services, or
technology not described in the matter
preceding subclause (I) or subclause
(I) but which nevertheless the
President determines would be, if such
goods, services, or technology were
United States goods, services, or
technology, prohibited for export to
Iran because of their potential to make
a material contribution to the
development of ballistic missile
systems or ballistic missile launch
technologies.
``(iv) Procurement working group defined.--
In clause (iii)(I), the term `procurement
working group' means the Procurement Working
Group of the Joint Commission established under
Annex IV of the applicable provisions in Annex
A of United Nations Security Council Resolution
2231 (2015).''.
(g) Sanctionable Activities With Respect to Conventional Weapons.--
Paragraph (1) of section 5(b) of the Iran Sanctions Act of 1996 (Public
Law 104-172; 50 U.S.C. 1701 note), as amended by subsections (e) and
(f), is further amended by adding at the end the following:
``(C) Conventional weapons.--The President shall
impose the sanctions described in paragraph (8) or (12)
of section 6(a), as the case may be, with respect to a
foreign person or an agency or instrumentality of a
foreign state if the President determines that the
person or agency or instrumentality knowingly, on or
after the date of the enactment of this paragraph,
imports, exports, or re-exports to, into, or from Iran,
whether directly or indirectly, any significant arms or
related materiel prohibited under Annex B of United
Nations Security Council Resolution 2231 (2015).''.
(h) Exception and Definitions.--Paragraph (1) of section 5(b) of
the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
note), as amended by subsections (e), (f), and (g), is further amended
by adding at the end the following:
``(D) Exception.--The President may not impose
sanctions under subparagraph (B) or (C) with respect to
a foreign person or a United States person if the
President determines that the person has exercised due
diligence in establishing and enforcing official
policies, procedures, and controls to ensure that the
person does not sell, supply, or transfer to or from
Iran materials the sale, supply, or transfer of which
would subject a person to the imposition of sanctions
under subparagraph (B) or (C), as the case may be, or
conduct or facilitate a financial transaction for such
a sale, supply, or transfer.
``(E) Definitions.--In subparagraphs (B) and (C) of
this paragraph:
``(i) Agency or instrumentality.--The term
`agency or instrumentality' has the meaning
given such term in section 1603(b) of title 28,
United States Code.
``(ii) Foreign state.--The term `foreign
state' has the meaning given such term in
section 1603(a) of title 28, United States
Code.
``(iii) Government of iran.--The term
`Government of Iran' has the meaning given such
term in section 561.404 of title 31, Code of
Federal Regulations, as such section was in
effect on January 1, 2016.
``(iv) Significant transaction or
transactions; significant financial services.--
The terms `significant transaction or
transactions' and `significant financial
services' shall be determined, for purposes of
sections 101 and 102, in accordance with
section 561.404 of title 31, Code of Federal
Regulations, as such section 561.404 was in
effect on January 1, 2016.''.
(i) Sanctions Described.--Section 6(a) of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended--
(1) by striking paragraph (10) and inserting the following:
``(10) Inadmissibility to united states.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States and, if the individual has been issued a visa or other
documentation, revoke, in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)) of the visa
or other documentation any alien that--
``(A) is designated pursuant to subparagraph (B) or
(C) of section 5(b)(1); or
``(B) the President determines is a corporate
officer or principal of, or a shareholder with a
controlling interest in, a sanctioned person.'';
(2) by redesignating paragraph (12) as paragraph (13); and
(3) by inserting after paragraph (11) the following:
``(12) Export sanction.--In the case of an agency or
instrumentality of a foreign state, no item on the United
States Munitions List or Commerce Munitions List may be
exported to that foreign state for a period of two years.''.
(j) Rule of Construction.--The sanctions that are required to be
imposed under this section and the amendments made by this section are
in addition to other similar or related sanctions that are required to
be imposed under any other provision of law.
SEC. 3. REPORT ON SANCTIONABLE ACTIVITIES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, and every 90 days thereafter, the President
shall submit to the appropriate congressional committees a report that
contains the following information:
(1) Any credible information regarding Iran's attempts to
develop, procure, or acquire goods, services, or technology
with respect to which sanctions may be imposed pursuant to
subparagraphs (B) and (C) of section 5(b)(1) of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
note), as added by section 3 of this Act.
(2) Any credible information regarding Iran's acquisition
or attempted acquisition of significant arms and related
material in violation of paragraph 5 of Annex B of United
Nations Security Council Resolution 2231 (2015).
(3) Any credible information regarding Iran's export or
attempted export of significant arms and related material in
violation of paragraph 5 of Annex B of United Nations Security
Council Resolution 2231 (2015).
(4) Any approval granted by the United Nations Security
Council for the export of significant arms and related material
identified under paragraph 5 of Annex B of United Nations
Security Council Resolution 2231 (2015).
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
SEC. 4. REGULATORY AUTHORITY.
(a) In General.--The President shall, not later than 120 days after
the date of the enactment of this Act, promulgate regulations as
necessary for the implementation of this Act and the amendments made by
this Act.
(b) Notification to Congress.--Not less than 10 days before the
promulgation of regulations under subsection (a), the President shall
notify the appropriate congressional committees of the proposed
regulations and the provisions of this Act and the amendments made by
this Act that the regulations are implementing.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Credible information.--The term ``credible
information'' has the meaning given such term in section 14 of
the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C.
1701 note).
(3) Government of iran.--The term ``Government of Iran''
has the meaning given such term in section 561.404 of title 31,
Code of Federal Regulations, as such section was in effect on
January 1, 2016.
<all>
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Trade.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.
ANNOUNCEMENT - Mr. Royce asked to withdraw the motion to suspend the rules previously offered due to technical issues in the House Chamber.
Mr. Royce (CA) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8168-8178; text: CR H8171-8174)
DEBATE - The House proceeded with forty minutes of debate on H.R. 1698.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H8254)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 423 - 2 (Roll no. 590).(text: CR 10/25/2017 H8174)
Roll Call #590 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 423 - 2 (Roll no. 590). (text: CR 10/25/2017 H8174)
Roll Call #590 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Foreign Relations.