Fight CRIME Act

IIB 118TH CONGRESS 1ST SESSION H. R. 3152 IN THE SENATE OF THE UNITED STATES SEPTEMBER 13, 2023 Received; read twice and referred to the Committee on Foreign Relations AN ACT 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 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 2 HR 3152 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Fight and Combat 2 Rampant Iranian Missile Exports Act’’ or the ‘‘Fight 3 CRIME Act’’. 4 SEC. 2. FINDINGS. 5 Congress makes the following findings: 6 (1) Annex B to United Nations Security Coun- 7 cil Resolution 2231 (2015) restricts certain missile- 8 related activities and transfers to and from Iran, in- 9 cluding all items, materials, equipment, goods, and 10 technology set out in the Missile Technology Control 11 Regime Annex, absent advance, case-by-case ap- 12 proval from the United Nations Security Council. 13 (2) Iran has transferred Shahed and Mohajer 14 drones, covered under the Missile Technology Con- 15 trol Regime Annex, to the Russian Federation, the 16 Government of Ethiopia, and other Iran-aligned en- 17 tities, including the Houthis in Yemen and militia 18 units in Iraq, without prior authorization from the 19 United Nations Security Council, in violation of the 20 restrictions set forth in Annex B to United Nations 21 Security Council Resolution 2231. 22 (3) Absent action by the United Nations Secu- 23 rity Council, certain missile-related restrictions in 24 Annex B to United Nations Security Council Resolu- 25 tion 2231 will expire in October 2023, removing 26 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 3 HR 3152 RFS 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 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 4 HR 3152 RFS Council Resolution 2231 remain in effect following 1 their anticipated expiration in October 2023. 2 SEC. 4. REPORT. 3 (a) IN GENERAL.—Not later than 90 days after the 4 date of the enactment of this Act, and annually thereafter 5 for two years, the Secretary of State, in coordination with 6 the heads of other appropriate Federal agencies, shall sub- 7 mit to the appropriate congressional committees an un- 8 classified report, with a classified annex if necessary, that 9 includes the following: 10 (1) A diplomatic strategy to secure the renewal 11 of international restrictions on certain missile-re- 12 lated activities, including transfers to and from Iran 13 set forth in Annex B to United Nations Security 14 Council Resolution 2231 (2015), prior to October 15 2023. 16 (2) An analysis of how the expiration of missile- 17 related restrictions set forth in Annex B to United 18 Nations Security Council Resolution 2231 would im- 19 pact the Government of Iran’s arms proliferation 20 and malign activities, including as the restrictions 21 relate to cooperation with, and support for, Iran- 22 aligned entities and allied countries. 23 (3) An assessment of the revenue, or in-kind 24 benefits, to be accrued by the Government of Iran, 25 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 5 HR 3152 RFS 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 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 6 HR 3152 RFS Security Council Resolution 2231 and efforts to pre- 1 vent further violations of such restrictions. 2 (8) A description of actions by the People’s Re- 3 public of China, the Russian Federation, or any 4 other country to prevent, interfere with, or under- 5 mine efforts to hold accountable foreign persons that 6 have violated the restrictions set forth in Annex B 7 to United Nations Security Council Resolution 2231, 8 including actions to restrict United Nations-led in- 9 vestigations into suspected violations of such restric- 10 tions, or limit funding to relevant United Nations of- 11 fices or experts. 12 (9) An analysis of the foreign and domestic 13 supply chains in Iran that directly or indirectly fa- 14 cilitate, support, or otherwise aid the Government of 15 Iran’s drone or missile program, including storage, 16 transportation, or flight-testing of related goods, 17 technology, or components. 18 (10) An identification of any foreign person, or 19 network containing foreign persons, that enables, 20 supports, or otherwise facilitates the operations or 21 maintenance of any Iranian airline subject to United 22 States sanctions or export control restrictions. 23 (11) An assessment of how the continued oper- 24 ation of Iranian airlines subject to United States 25 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 7 HR 3152 RFS sanctions or export control restrictions impacts the 1 Government of Iran’s ability to transport or develop 2 arms, including covered technology. 3 (b) SCOPE.—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) IN GENERAL.—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 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 8 HR 3152 RFS nents, that may contribute to the development of 1 covered technology; 2 (3) knowingly participates in joint missile or 3 drone development, including development of covered 4 technology, with the Government of Iran or Iran- 5 aligned entities, including technical training, storage, 6 and transport; 7 (4) knowingly imports, exports, or re-exports to, 8 into, or from Iran, whether directly or indirectly, 9 any significant arms or related materiel prohibited 10 under paragraph (5) or (6) to Annex B of United 11 Nations Security Council Resolution 2231 (2015) as 12 of April 1, 2023; 13 (5) knowingly provides significant financial, ma- 14 terial, or technological support to, or knowingly en- 15 gages in a significant transaction with, a foreign 16 person subject to sanctions for conduct described in 17 paragraph (1), (2), (3), or (4); or 18 (6) is an adult family member of a person sub- 19 ject to sanctions for conduct described in paragraph 20 (1), (2), (3), or (4). 21 (b) SANCTIONS DESCRIBED.—The sanctions de- 22 scribed in this subsection are the following: 23 (1) BLOCKING OF PROPERTY.—The President 24 shall exercise all authorities granted under the Inter- 25 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 9 HR 3152 RFS 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) INELIGIBILITY FOR VISAS, ADMISSION, OR 9 PAROLE.— 10 (A) VISAS, 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) CURRENT VISAS REVOKED.— 22 (i) IN GENERAL.—The visa or other 23 entry documentation of any alien described 24 in subsection (a) is subject to revocation 25 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 10 HR 3152 RFS regardless of the issue date of the visa or 1 other entry documentation. 2 (ii) IMMEDIATE EFFECT.—A revoca- 3 tion under clause (i) shall, in accordance 4 with section 221(i) of the Immigration and 5 Nationality Act (8 U.S.C. 1201(i))— 6 (I) take effect immediately; and 7 (II) cancel any other valid visa or 8 entry documentation that is in the 9 possession of the alien. 10 (c) PENALTIES.—Any person that violates, or at- 11 tempts to violate, subsection (b) or any regulation, license, 12 or order issued pursuant to that subsection, shall be sub- 13 ject to the penalties set forth in subsections (b) and (c) 14 of section 206 of the International Economic Powers Act 15 (50 U.S.C. 1705) to the same extent as a person that com- 16 mits an unlawful act described in subsection (a) of that 17 section. 18 (d) WAIVER.—The President may waive the applica- 19 tion of sanctions under this section with respect to a for- 20 eign person only if, not later than 15 days prior to the 21 date on which the waiver is to take effect, the President 22 submits to the appropriate congressional committees a 23 written determination and justification that the waiver is 24 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 11 HR 3152 RFS in the vital national security interests of the United 1 States. 2 (e) IMPLEMENTATION.—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) REGULATIONS.— 8 (1) IN 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) NOTIFICATION 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) EXCEPTIONS.— 21 (1) EXCEPTION 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 VerDate Sep 11 2014 00:29 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3152.RFS H3152 pbinns on DSKJLVW7X2PROD with $$_JOB 12 HR 3152 RFS (50 U.S.C. 3091 et seq.) or any authorized intel- 1 ligence activities of the United States. 2 (2) EXCEPTION 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 He [Text truncated for display. 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