H.R. 3152 — what changed
Fight and Combat Rampant Iranian Missile Exports Act
From Introduced in House to Engrossed in House. 2 sections amended between Introduced in House and Engrossed in House.
Sec. 5 Sanctions to combat the proliferation of Iranian missiles
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—
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;
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;
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;
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;
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
is an adult family member of a person subject to sanctions for conduct described in paragraph (1), (2), (3), or (4).
Sanctions described— The sanctions described in this subsection are the following:
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.
Ineligibility for visas, admission, or parole—
Visas, admission, or parole— An alien described in subsection (a) shall be—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
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.).
Current visas revoked—
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.
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))—
take effect immediately; and
cancel any other valid visa or entry documentation that is in the possession of the alien.
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.
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.
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.
Regulations—
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.
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.
Exceptions—
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.
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—
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
to carry out or assist authorized law enforcement activity in the United States.
added
Exception relating to importation of goods—
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In general— The authorities and requirements to impose sanctions authorized under this section shall not include the authority or requirement to impose sanctions on the importation of goods.
added
Good defined— In this subsection, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
renumbered
was (9)
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—
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was (9)(3)
the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State pursuant to—
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was (9)(3)(2)
section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
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was (9)(3)(3)
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
renumbered
was (9)(3)(4)
section 40 of the Arms Export Control Act (22 U.S.C. 2780); or
renumbered
was (9)(3)(5)
any other provision of law; and
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was (9)(4)
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:
changed
Appropriate congressional committees— The term “appropriate appropriate congressional committees” committees means—
the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
changed
Foreign person— The term “foreign person”—foreign person—
means an individual or entity that is not a United States person; and
includes a foreign state (as such term is defined in section 1603 of title 28, United States Code).
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Government of iran— The term “Government Government of Iran” 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.
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United states person— The terms “United United States person” person means—
a United States citizen;
a permanent resident alien of the United States;
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
a person in the United States.
changed
Iran-aligned entity— The term “Iran-aligned entity” Iran-aligned entity means a foreign person that—
is controlled or significantly influenced by the Government of Iran; and
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.
changed
Covered technology— The term “covered technology” covered technology means—
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
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.
changed
Family member— The term “family member” family member means—
a child, grandchild, parent, grandparent, sibling, or spouse; and
any spouse, widow, or widower of an individual described in subparagraph (A).
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Knowingly— The term “knowingly” knowingly has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note).
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Missile technology control regime— The term “Missile Missile Technology Control Regime” 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.
changed
Missile technology control regime annex— The term “Missile Missile Technology Control Regime Annex” 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.