Fight CRIME Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3152 Introduced in House (IH)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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