Fight and Combat Rampant Iranian Missile Exports Act or the Fight CRIME Act
This bill imposes sanctions pertaining to Iran's missile program.
The President must impose visa- and property-blocking sanctions on foreign persons (i.e., foreign individuals, entities, and states) that are knowingly involved with Iran or Iran-aligned entities in certain missile-related activities, such as (1) acquiring, possessing, developing, transporting, transferring, or deploying missiles or related items and technology that are covered by the Missile Technology Control Regime (MTCR), or (2) developing missile or drone technologies. (The MTCR is an informal political understanding among states that seek to limit missile proliferation.)
The President must also impose sanctions on (1) certain adult family members of those who are subject to the sanctions discussed above, and (2) foreign persons who knowingly provide significant support to or engage in a significant transaction with those subject to the sanctions discussed above.
The bill also requires the Department of State to report to Congress on various topics, including (1) a diplomatic strategy to renew international restrictions on certain missile-related activities set forth in Annex B of U.N. Security Council Resolution 2231, which concerns restrictions on arms transfers to and from Iran; (2) the identities of foreign persons engaging in restricted activity under Annex B; and (3) an analysis of the foreign and domestic supply chains that facilitate Iran's missile or drone programs.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3152 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
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
May 9, 2023
Mr. McCaul (for himself, Mr. Meeks, Mr. Wilson of South Carolina, and
Mr. Phillips) 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
jurisdiction 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fight and Combat Rampant Iranian
Missile Exports Act'' or the ``Fight CRIME Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(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.
(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.
(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.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to urgently seek the extension of missile-related
restrictions set forth in Annex B to United Nations Security
Council Resolution 2231 (2015);
(2) to use all available authorities to constrain Iran's
domestic ballistic missile production capabilities;
(3) 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; and
(4) 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
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.
SEC. 4. REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for two years, the
Secretary of State, in coordination with the heads of other appropriate
Federal agencies, shall submit to the appropriate congressional
committees an unclassified report, with a classified annex if
necessary, that includes the following:
(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), prior to October 2023.
(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.
(3) An assessment of the revenue, or in-kind 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.
(4) A detailed description of a United States strategy to
deter, prevent, and disrupt the sale, purchase, or transfer of
covered technology involving Iran absent restrictions pursuant
to Annex B to United Nations Security Council Resolution 2231.
(5) An 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.
(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.
(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.
(8) A description of actions 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.
(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.
(10) An identification of any foreign person, or network
containing foreign persons, that enables, supports, or
otherwise facilitates the operations or maintenance of any
Iranian airline subject to United States sanctions or export
control restrictions.
(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.
(b) Scope.--The initial report required by subsection (a) shall
address the period beginning on January 1, 2021, and ending on the date
that is 90 days after date of the enactment of this Act, and each
subsequent report shall address the one-year period following the
conclusion of the prior report.
SEC. 5. SANCTIONS TO COMBAT THE PROLIFERATION OF IRANIAN MISSILES.
(a) In General.--The 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--
(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;
(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;
(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;
(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;
(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); or
(6) is an adult family member of a person subject to
sanctions for conduct described in paragraph (1), (2), (3), or
(4).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(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.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a) shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(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 16 seq.).
(B) Current visas revoked.--
(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.
(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))--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
possession of the alien.
(c) Penalties.--Any person that violates, or attempts to violate,
subsection (b) 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
an unlawful act described in subsection (a) of that section.
(d) Waiver.--The President may waive the application of sanctions
under this section with respect to a foreign person only if, not later
than 15 days prior to the date on which the waiver is to take effect,
the President submits to the appropriate congressional committees a
written determination and justification that the waiver is in the vital
national security interests of the United States.
(e) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out any
amendments made by this section.
(f) Regulations.--
(1) 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.
(2) 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.
(g) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under this section
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations; or
(B) to carry out or assist authorized law
enforcement activity in the United States.
(h) Termination of Sanctions.--This section shall cease to be
effective beginning on the date that is 30 days after the date on which
the President certifies to the appropriate congressional committees
that--
(1) the Government of Iran no longer repeatedly provides
support for international terrorism as determined by the
Secretary of State pursuant to--
(A) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law; and
(2) Iran has ceased the pursuit, acquisition, and
development of, and verifiably dismantled its, nuclear,
biological, and chemical weapons and ballistic missiles and
ballistic missile launch technology.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Foreign person.--The term ``foreign person''--
(A) means an individual or entity that is not a
United States person; and
(B) includes a foreign state (as such term is
defined in section 1603 of title 28, United States
Code).
(3) 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.
(4) United states person.--The terms ``United States
person'' means--
(A) a United States citizen;
(B) a permanent resident alien of the United
States;
(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
(D) a person in the United States.
(5) Iran-aligned entity.--The term ``Iran-aligned entity''
means a foreign person that--
(A) is controlled or significantly influenced by
the Government of Iran; and
(B) knowingly receives material or financial
support from the Government of Iran, including
Hezbollah, the Houthis, or any other proxy group that
furthers Iran's national security objectives.
(6) Covered technology.--The term ``covered technology''
means--
(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
(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.
(7) Family member.--The term ``family member'' means--
(A) a child, grandchild, parent, grandparent,
sibling, or spouse; and
(B) any spouse, widow, or widower of an individual
described in subparagraph (A).
(8) Knowingly.--The term ``knowingly'' has the meaning
given that term in section 14 of the Iran Sanctions Act of 1996
(50 U.S.C. 1701 note).
(9) 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, 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.
(10) 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.
<all>
Introduced in House
Introduced in House
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 jurisdiction of the committee concerned.
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 jurisdiction of the committee concerned.
Committee Consideration and Mark-up Session Held
Ordered to be Reported by the Yeas and Nays: 50 - 0.
Mr. McCaul moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H4239-4242)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3152.
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.
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Considered as unfinished business. (consideration: CR H4256)
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): 403 - 8 (Roll no. 383). (text: CR H4239-4241)
Roll Call #383 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 403 - 8 (Roll no. 383). (text: CR H4239-4241)
Roll Call #383 (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.