115TH CONGRESS 1ST SESSION H. R. 1698

AN ACT 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 Representa-1

tives of the United States of America in Congress assembled, 2

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SECTION 1. SHORT TITLE. 1

This Act may be cited as the ‘‘Iran Ballistic Missiles 2

and International Sanctions Enforcement Act’’. 3

SEC. 2. SANCTIONS RELATING TO EFFORTS BY THE GOV-4

ERNMENT OF IRAN WITH RESPECT TO BAL-5

LISTIC MISSILE-RELATED GOODS, SERVICES, 6

AND TECHNOLOGIES. 7

(a) FINDINGS.—Congress finds the following: 8

(1) United Nations Security Council Resolution 9

2231 (2015)— 10

(A) calls upon Iran ‘‘not to undertake any 11

activity related to ballistic missiles designed to 12

be capable of delivering nuclear weapons, in-13

cluding launches using such ballistic missile 14

technology’’; and 15

(B) requires member states to ‘‘take the 16

necessary measures to prevent, except as de-17

cided otherwise by the UN Security Council in 18

advance on a case-by-case basis, the supply, 19

sale, or transfer of arms or related materiel 20

from Iran’’. 21

(2) The United States maintains bilateral sanc-22

tions against Iran for its efforts to manufacture, ac-23

quire, possess, develop, transport, transfer or use 24

ballistic missiles or ballistic missile launch tech-25

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nology, and its acquisition of destabilizing types and 1

amounts of conventional weapons. 2

(3) According to the 2016 Worldwide Threat 3

Assessment, the United States intelligence commu-4

nity judges ‘‘that Tehran would choose ballistic mis-5

siles as its preferred method of delivering nuclear 6

weapons, if it builds them. Iran’s ballistic missiles 7

are inherently capable of delivering [weapons of 8

mass destruction], and Tehran already has the larg-9

est inventory of ballistic missiles in the Middle East. 10

Iran’s progress on space launch vehicles—along with 11

its desire to deter the United States and its allies— 12

provides Tehran with the means and motivation to 13

develop longer-range missiles, including ICBMs.’’. 14

(4) Since the passage of United Nations Secu-15

rity Council 2231, Iran has conducted numerous 16

tests of ballistic missiles designed to be capable of 17

delivering nuclear weapons, and has acquired desta-18

bilizing types of conventional weapons. 19

(5) Iran has pursued the ability to indigenously 20

produce ballistic missile and cruise missile goods, 21

services, and technologies. 22

(b) STATEMENT OF POLICY.—It is the policy of the 23

United States to prevent Iran from undertaking any activ-24

ity related to ballistic missiles designed to be capable of 25

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delivering nuclear weapons, including launches using such 1

ballistic missile technology. 2

(c) REPORT ON SUPPLY CHAIN OF IRAN’S BALLISTIC 3

MISSILE PROGRAM.— 4

(1) IN GENERAL.—Not later than 180 days 5

after the date of the enactment of this Act, the 6

President shall submit to the appropriate congres-7

sional committees a report that contains the fol-8

lowing: 9

(A) An analysis of the foreign supply chain 10

and domestic supply chain in Iran that directly 11

or indirectly significantly facilitates, supports, 12

or otherwise aids the Government of Iran’s bal-13

listic missile program. 14

(B) A description of the geographic dis-15

tribution of the foreign and domestic supply 16

chain described in subparagraph (A). 17

(C) An assessment of the Government of 18

Iran’s ability to indigenously manufacture or 19

otherwise produce the goods, services, or tech-20

nology necessary to support its ballistic missile 21

program. 22

(D) An identification of foreign persons 23

that have, based on credible information, di-24

rectly or indirectly facilitated or supported the 25

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development of the Government of Iran’s bal-1

listic missile program, including the foreign and 2

domestic supply chain described in subpara-3

graph (A). 4

(E) A determination with respect to each 5

foreign person identified under subparagraph 6

(D) as to whether the foreign person meets the 7

criteria for designation under— 8

(i) paragraph (1) of section 5(b) of 9

the Iran Sanctions Act of 1996 (Public 10

Law 104–172; 50 U.S.C. 1701 note), as 11

amended by this section; 12

(ii) section 104 of the Countering 13

America’s Adversaries Through Sanctions 14

Act (Public Law 115–44); or 15

(iii) Executive Order No. 13382 16

(2005). 17

(2) FORM.—The report required under para-18

graph (1) shall be submitted in unclassified form, 19

but may contain a classified annex. 20

(d) SANCTIONABLE ACTIVITIES WITH RESPECT TO 21

WEAPONS OF MASS DESTRUCTION.—Paragraph (1) of 22

section 5(b) of the Iran Sanctions Act of 1996 (Public 23

Law 104–172; 50 U.S.C. 1701 note) is amended— 24

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(1) in the heading, by striking ‘‘EXPORTS, 1

TRANSFERS, AND TRANSSHIPMENTS’’ and inserting 2

‘‘WEAPONS OF MASS DESTRUCTION; BALLISTIC MIS-3

SILES; CONVENTIONAL WEAPONS’’; 4

(2) by striking ‘‘Except as’’ and inserting the 5

following: 6

‘‘(A) WEAPONS OF MASS DESTRUCTION.— 7

Except as’’; 8

(3) by striking ‘‘(A) on or after the date of the 9

enactment of the Iran Threat Reduction and Syria 10

Human Rights Act of 2012’’ and inserting the fol-11

lowing: 12

‘‘(i)(I) on or after the date of the en-13

actment of the Iran Ballistic Missiles and 14

International Sanctions Enforcement Act’’; 15

(4) by striking ‘‘(B) knew’’ and inserting the 16

following: 17

‘‘(II) knew’’; 18

(5) by striking ‘‘(i) the export’’ and inserting 19

the following: 20

‘‘(aa) the export’’; 21

(6) by striking ‘‘would likely’’ and inserting 22

‘‘may’’; 23

(7) by striking ‘‘(ii) the export’’ and inserting 24

the following: 25

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‘‘(bb) the export’’; 1

(8) by striking ‘‘(I) acquire’’ and inserting the 2

following: 3

‘‘(AA) acquire’’; 4

(9) by striking ‘‘; or’’ at the end of subpara-5

graph (A)(ii)(II)(bb)(AA) (as so redesignated); 6

(10) by inserting after subparagraph 7

(A)(ii)(II)(bb)(AA) (as so redesignated) the fol-8

lowing: 9

‘‘(BB) acquire or develop 10

ballistic missiles or ballistic mis-11

sile launch technologies; or’’; 12

(11) by striking ‘‘(II) acquire’’ and inserting 13

the following: 14

‘‘(CC) acquire’’; 15

(12) by striking the period at the end of sub-16

paragraph (A)(ii)(II)(bb)(CC) (as so redesignated) 17

and inserting ‘‘; or’’; and 18

(13) by adding at the end of subparagraph (A) 19

the following: 20

‘‘(ii) knowingly exports or transfers, 21

or permits or otherwise facilitates the 22

transshipment or re-export of, goods, serv-23

ices, technology, or other items to Iran 24

that materially supports Iran’s efforts to— 25

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‘‘(I) acquire or develop ballistic 1

missiles or ballistic missile launch 2

technologies; or 3

‘‘(II) acquire or develop desta-4

bilizing numbers and types of ad-5

vanced conventional weapons (as such 6

term is defined in paragraphs (1) and 7

(2) of section 1608 of the Iran-Iraq 8

Arms Non-Proliferation Act of 9

1992).’’. 10

(e) SANCTIONABLE ACTIVITIES WITH RESPECT TO 11

BALLISTIC MISSILES.—Paragraph (1) of section 5(b) of 12

the Iran Sanctions Act of 1996 (Public Law 104–172; 50 13

U.S.C. 1701 note), as amended by subsection (e), is fur-14

ther amended by adding at the end the following: 15

‘‘(B) ADDITIONAL BALLISTIC MISSILE-RE-16

LATED GOODS, SERVICES, AND TECHNOLOGY.— 17

‘‘(i) ADDITIONAL AUTHORITY.—The 18

President shall impose the sanctions de-19

scribed in paragraph (8), (10), or (12) of 20

section 6(a), as the case may be, with re-21

spect to— 22

‘‘(I) an agency or instrumentality 23

of the Government of Iran if the 24

President determines that the agency 25

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or instrumentality, on or after the 1

date of the enactment of this subpara-2

graph, knowingly seeks to develop, 3

procure, or acquire goods, services, or 4

technology that materially supports 5

efforts by the Government of Iran 6

with respect to ballistic missile-related 7

goods, services, and technologies as 8

described in clause (iii); 9

‘‘(II) a foreign person or an 10

agency or instrumentality of a foreign 11

state if the President determines that 12

the person or agency or instrumen-13

tality knowingly, on or after the date 14

of the enactment of this paragraph, 15

provides significant material support 16

to the Government of Iran that sup-17

ports efforts by the Government of 18

Iran with respect to ballistic missile- 19

related goods, services, and tech-20

nologies as described in clause (iii); 21

and 22

‘‘(III) a foreign person that the 23

President determines knowingly en-24

gages in a significant transaction or 25

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transactions with, or provides signifi-1

cant financial services for, a foreign 2

person or an agency or instrumen-3

tality of a foreign state described in 4

subclause (I) or (II) with respect to 5

ballistic missile-related goods, services, 6

and technologies as described in 7

clause (iii). 8

‘‘(ii) DETERMINATION AND REPORT 9

ON BALLISTIC MISSILE TESTS.— 10

‘‘(I) IN GENERAL.—Not later 11

than 30 days after the date on which 12

the President determines that the 13

Government of Iran has conducted a 14

test of a ballistic missile that fails to 15

comply with, violates, or is in defiance 16

of United Nations Security Council 17

Resolution 2231 (2015), the President 18

shall submit to the appropriate con-19

gressional committees a report that 20

identifies each senior official of the 21

Government of Iran that the Presi-22

dent determines is responsible for or-23

dering, controlling, or otherwise di-24

recting the missile test. 25

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‘‘(II) MATTERS TO BE IN-1

CLUDED.—The report required by 2

subclause (I) should include available 3

information on the ballistic missile or 4

the generic class of ballistic missile or 5

space rocket that was launched; the 6

trajectory, duration, range, and alti-7

tude of the missile flight; the dura-8

tion, range, and altitude of the flight 9

of each stage of the missile; the loca-10

tion of the launch point and impact 11

point; the payload; and other technical 12

information that is available. 13

‘‘(III) FORM.—The report re-14

quired by subclause (I) shall be sub-15

mitted in unclassified form, but may 16

contain a classified annex. 17

‘‘(iii) EFFORTS BY THE GOVERNMENT 18

OF IRAN WITH RESPECT TO BALLISTIC 19

MISSILE-RELATED GOODS, SERVICES, AND 20

TECHNOLOGIES DESCRIBED.— 21

‘‘(I) IN GENERAL.—For purposes 22

of subclauses (I), (II), and (III) of 23

clause (i), and except as provided in 24

subclause (II) of this clause, efforts 25

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by the Government of Iran with re-1

spect to ballistic missile-related goods, 2

services, and technologies described in 3

this subsection are efforts by the Gov-4

ernment of Iran to manufacture, ac-5

quire, possess, develop, transport, 6

transfer, test or use ballistic missiles 7

or associated goods, services, or tech-8

nology by the Government of Iran, in-9

cluding efforts by the Government of 10

Iran to manufacture, acquire, possess, 11

develop, transport, transfer, pur-12

chase— 13

‘‘(aa) goods, services, or 14

technology listed on the Missile 15

Technology Control Regime 16

Equipment and Technology 17

Annex of October 8, 2015, and 18

subsequent revisions that have 19

been acquired outside of the Pro-20

curement Working Group or not 21

otherwise approved by the United 22

Nations Security Council; or 23

‘‘(bb) goods, services, or 24

technology not described in the 25

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•HR 1698 EH

matter preceding item (aa) or 1

item (aa) but which nevertheless 2

the President determines would 3

be, if such goods, services, or 4

technology were United States 5

goods, services, or technology, 6

prohibited for export to Iran be-7

cause of their potential to materi-8

ally support the development of 9

ballistic missile systems or bal-10

listic missile launch technologies. 11

‘‘(II) EXCEPTION.—Subclause (I) 12

shall not apply with respect to efforts 13

by the Government of Iran with re-14

spect to ballistic missile-related goods, 15

services, and technologies that have 16

been approved under paragraph 4 of 17

Annex B of United Nations Security 18

Council Resolution 2231 (2015). 19

‘‘(iv) PROCUREMENT WORKING GROUP 20

DEFINED.—In clause (iii)(I), the term 21

‘procurement working group’ means the 22

Procurement Working Group of the Joint 23

Commission established under Annex IV of 24

the applicable provisions in Annex A of 25

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United Nations Security Council Resolu-1

tion 2231 (2015). 2

‘‘(v) ADDITIONAL REPORT ON BAL-3

LISTIC MISSILE TESTS.— 4

‘‘(I) IN GENERAL.—Not later 5

than January 31 of each calendar 6

year, the President should submit to 7

the Committee on Foreign Affairs of 8

the House of Representatives and the 9

Committee on Foreign Relations of 10

the Senate a report that specifies the 11

number and generic class of ballistic 12

missiles and space rockets launched 13

by Iran during the preceding calendar 14

year and the dates of each missile 15

launch and the type of missile 16

launched on each relevant date. The 17

report should include definitions used 18

for classifying the generic classes of 19

missiles. 20

‘‘(II) FORM.—The report re-21

quired by subclause (I) shall be sub-22

mitted in unclassified form, but may 23

contain a classified annex.’’. 24

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(f) SANCTIONABLE ACTIVITIES WITH RESPECT TO 1

CONVENTIONAL WEAPONS.—Paragraph (1) of section 2

5(b) of the Iran Sanctions Act of 1996 (Public Law 104– 3

172; 50 U.S.C. 1701 note), as amended by subsections 4

(e) and (f), is further amended by adding at the end the 5

following: 6

‘‘(C) CONVENTIONAL WEAPONS.—The 7

President shall impose the sanctions described 8

in paragraph (8) or (12) of section 6(a), as the 9

case may be, with respect to a foreign person 10

or an agency or instrumentality of a foreign 11

state if the President determines that the per-12

son or agency or instrumentality knowingly, on 13

or after the date of the enactment of this para-14

graph, imports, exports, or re-exports to, into, 15

or from Iran, whether directly or indirectly, any 16

significant arms or related materiel prohibited 17

under paragraph (5) or (6) of Annex B of 18

United Nations Security Council Resolution 19

2231 (2015).’’. 20

(g) EXCEPTION AND DEFINITIONS.—Paragraph (1) 21

of section 5(b) of the Iran Sanctions Act of 1996 (Public 22

Law 104–172; 50 U.S.C. 1701 note), as amended by sub-23

sections (e), (f), and (g), is further amended by adding 24

at the end the following: 25

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‘‘(D) EXCEPTION.—The President may not 1

impose sanctions under subparagraph (B) or 2

(C) with respect to a foreign person or a United 3

States person if the President determines that 4

the person has exercised due diligence in estab-5

lishing and enforcing official policies, proce-6

dures, and controls to ensure that the person 7

does not sell, supply, or transfer to or from 8

Iran materials the sale, supply, or transfer of 9

which would subject a person to the imposition 10

of sanctions under subparagraph (B) or (C), as 11

the case may be, or conduct or facilitate a fi-12

nancial transaction for such a sale, supply, or 13

transfer. 14

‘‘(E) DEFINITIONS.—In subparagraphs 15

(B) and (C) of this paragraph: 16

‘‘(i) AGENCY OR INSTRUMEN-17

TALITY.—The term ‘agency or instrumen-18

tality’ has the meaning given such term in 19

section 1603(b) of title 28, United States 20

Code. 21

‘‘(ii) FOREIGN STATE.—The term 22

‘foreign state’ has the meaning given such 23

term in section 1603(a) of title 28, United 24

States Code. 25

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‘‘(iii) GOVERNMENT OF IRAN.—The 1

term ‘Government of Iran’ has the mean-2

ing given such term in section 560.304 of 3

title 31, Code of Federal Regulations, as 4

such section was in effect on January 1, 5

2016. 6

‘‘(iv) SIGNIFICANT TRANSACTION OR 7

TRANSACTIONS; SIGNIFICANT FINANCIAL 8

SERVICES.—The terms ‘significant trans-9

action or transactions’ and ‘significant fi-10

nancial services’ shall be determined in ac-11

cordance with section 561.404 of title 31, 12

Code of Federal Regulations, as such sec-13

tion 561.404 was in effect on January 1, 14

2016.’’. 15

(h) SANCTIONS DESCRIBED.—Section 6(a) of the 16

Iran Sanctions Act of 1996 (Public Law 104–172; 50 17

U.S.C. 1701 note) is amended— 18

(1) by striking paragraph (10) and inserting 19

the following: 20

‘‘(10) INADMISSIBILITY TO UNITED STATES.— 21

‘‘(A) IN GENERAL.—The President may di-22

rect the Secretary of State to deny a visa to, 23

and the Secretary of Homeland Security to ex-24

clude from the United States and, if the indi-25

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•HR 1698 EH

vidual has been issued a visa or other docu-1

mentation, revoke, in accordance with the Im-2

migration and Nationality Act (8 U.S.C. 1101 3

et seq.) the visa or other documentation of any 4

alien that— 5

‘‘(i) is designated pursuant to sub-6

paragraph (B) or (C) of section 5(b)(1); or 7

‘‘(ii) the President determines is a 8

corporate officer or principal of, or a 9

shareholder with a controlling interest in, a 10

sanctioned person. 11

‘‘(B) EXCEPTION TO COMPLY WITH 12

UNITED NATIONS HEADQUARTERS AGREE-13

MENT.—Sanctions under subparagraph (A) 14

shall not apply to an alien if admitting the alien 15

into the United States is necessary to permit 16

the United States to comply with the Agree-17

ment regarding the Headquarters of the United 18

Nations, signed at Lake Success June 26, 19

1947, and entered into force November 21, 20

1947, between the United Nations and the 21

United States, or other applicable international 22

obligations.’’; 23

(2) by redesignating paragraph (12) as para-24

graph (13); and 25

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(3) by inserting after paragraph (11) the fol-1

lowing: 2

‘‘(12) EXPORT SANCTION.—In the case of an 3

agency or instrumentality of a foreign state, no item 4

on the United States Munitions List or Commerce 5

Munitions List may be exported to that foreign state 6

for a period of 2 years.’’. 7

(i) RULE OF CONSTRUCTION.—The sanctions that 8

are required to be imposed under this section and the 9

amendments made by this section are in addition to other 10

similar or related sanctions that are required to be im-11

posed under any other provision of law. 12

(j) IMPLEMENTATION.—The President may exercise 13

all authorities provided under sections 203 and 205 of the 14

International Emergency Economic Powers Act (50 15

U.S.C. 1702 and 1704) to carry out any amendments 16

made by this section. 17

(k) IMPLEMENTATION PLAN.—Not later than 60 18

days after the date of the enactment of this Act, the Presi-19

dent shall transmit to the appropriate congressional com-20

mittees a plan to implement— 21

(1) paragraph (1) of section 5(b) of the Iran 22

Sanctions Act of 1996 (Public Law 104–172; 50 23

U.S.C. 1701 note), as amended by this section; and 24

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(2) section 104 of the Countering America’s 1

Adversaries Through Sanctions Act (Public Law 2

115–44). 3

(l) EFFECTIVE DATE.— 4

(1) IN GENERAL.—The amendments made by 5

this section shall— 6

(A) take effect on the date of the enact-7

ment of this Act; and 8

(B) apply with respect to an activity de-9

scribed in subsection (b) of section 5 of the 10

Iran Sanctions Act of 1996, as amended by this 11

section, that is commenced on or after such 12

date of enactment. 13

(2) APPLICABILITY TO ONGOING ACTIVITIES RE-14

LATING TO CERTAIN ACTIVITIES.—A person that, 15

before the date of the enactment of this Act, com-16

menced an activity described in section 5(b) of the 17

Iran Sanctions Act of 1996, as in effect on the day 18

before such date of enactment, and continues the ac-19

tivity on or after such date of enactment, shall be 20

subject to the provisions of the Iran Sanctions Act 21

of 1996, as amended by this Act. 22

SEC. 3. REPORT ON SANCTIONABLE ACTIVITIES. 23

(a) IN GENERAL.—Not later than 180 days after the 24

date of the enactment of this Act, and every 180 days 25

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thereafter for a period not to exceed 3 years, the President 1

shall submit to the appropriate congressional committees 2

a report that contains the following information: 3

(1) Any credible information regarding Iran’s 4

attempts to develop, procure, or acquire goods, serv-5

ices, or technology with respect to which sanctions 6

may be imposed pursuant to subparagraphs (B) and 7

(C) of section 5(b)(1) of the Iran Sanctions Act of 8

1996 (Public Law 104–172; 50 U.S.C. 1701 note), 9

as added by section 2 of this Act. 10

(2) Any credible information regarding Iran’s 11

acquisition or attempted acquisition of significant 12

arms and related material in violation of paragraph 13

5 of Annex B of United Nations Security Council 14

Resolution 2231 (2015). 15

(3) Any credible information regarding Iran’s 16

export or attempted export of significant arms and 17

related material in violation of paragraph 6 of 18

Annex B of United Nations Security Council Resolu-19

tion 2231 (2015). 20

(4) Any approval granted by the United Na-21

tions Security Council for the export of significant 22

arms and related material identified under para-23

graphs 5 or 6 of Annex B of United Nations Secu-24

rity Council Resolution 2231 (2015). 25

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(5) Any credible information regarding viola-1

tions of travel restrictions described in paragraph 6 2

of Annex B of United Nations Security Council Res-3

olution 2231 (2015). 4

(6) Any approval granted by the United Na-5

tions Security Council for exemptions to the travel 6

restrictions described in paragraph 6 of Annex B of 7

United Nations Security Council Resolution 2231 8

(2015). 9

(b) FORM.—The report required by subsection (a) 10

shall be submitted in unclassified form, but may contain 11

a classified annex. 12

SEC. 4. DETERMINATIONS WITH RESPECT TO THE IMPOSI-13

TION OF SANCTIONS FOR THE SALE OR 14

TRANSFER OF DESTABILIZING TYPES AND 15

AMOUNTS OF CONVENTIONAL WEAPONS TO 16

THE GOVERNMENT OF IRAN. 17

(a) NOTIFICATION OF SALES AND TRANSFERS.—Not 18

later than 90 days after the date on which the President 19

receives credible information that destabilizing numbers 20

and types of conventional weapons have been sold or 21

transferred to Iran, the President shall notify the appro-22

priate congressional committees of the sale or transfer. 23

(b) DETERMINATIONS WITH RESPECT TO SANC-24

TIONS.— 25

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(1) IN GENERAL.—Not later than 120 days 1

after the date on which the President notifies the 2

appropriate congressional committees of a sale or 3

transfer under subsection (a), the President shall— 4

(A) determine whether such sale or trans-5

fer meets the requirements to impose sanctions 6

under each provision of law specified in sub-7

section (c); and 8

(B)(i) if the determination is that the sale 9

or transfer is subject to any such sanctions, the 10

President shall— 11

(I) make a determination whether to 12

impose or waive such sanctions with re-13

spect to such sale or transfer; and 14

(II) submit that determination to the 15

appropriate congressional committees; or 16

(ii) if the determination is that the sale or 17

transfer is not subject to any such sanctions, 18

the President shall submit to the appropriate 19

congressional committees a detailed report on 20

the determination and the specific reasons for 21

the determination. 22

(2) FORM.—The determination in paragraph 23

(1) shall be provided in an unclassified form, and 24

may contain a classified annex. 25

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(c) PROVISIONS OF LAW SPECIFIED.—The provisions 1

of law specified in this subsection are the following: 2

(1) Section 5(b)(1) of the Iran Sanctions Act of 3

1996 (50 U.S.C. 1701 note), as amended by section 4

2 of this Act. 5

(2) The Iran-Iraq Arms Non-Proliferation Act 6

of 1992 (50 U.S.C. 1701 note). 7

(3) The Iran, North Korea, and Syria Non-8

proliferation Act (50 U.S.C. 1701 note). 9

(d) DEFINITION.—In this section, the term ‘‘desta-10

bilizing numbers and types of advanced conventional 11

weapons’’— 12

(1) has the meaning given the terms ‘‘advanced 13

conventional weapons’’ and ‘‘cruise missile’’ as de-14

fined in paragraphs (1) and (2), respectively, of sec-15

tion 1608 of the Iran-Iraq Arms Non-Proliferation 16

Act of 1992 (50 U.S.C. 1701 note); and 17

(2) includes the S–300 and S–400 missile de-18

fense systems and air superiority fighters. 19

SEC. 5. DETERMINATION ON USE BY THE GOVERNMENT OF 20

IRAN OF COMMERCIAL PASSENGER AIR-21

CRAFT AND RELATED SERVICES FOR ILLICIT 22

MILITARY OR OTHER ACTIVITIES. 23

(a) DETERMINATION.—Not later than 180 days after 24

the date of the enactment of this Act, and every 180 days 25

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thereafter for 3 years, the President shall submit to the 1

appropriate congressional committees a determination on 2

use by the Government of Iran of commercial passenger 3

aircraft and related services for illicit military or other ac-4

tivities on or after the date of the enactment of this Act. 5

(b) ELEMENTS OF DETERMINATION.—The deter-6

mination required under subsection (a) shall include a de-7

scription of the extent to which— 8

(1) commercial passenger aircraft in Iran are 9

being used to transport— 10

(A) arms or related materiel, including de-11

fense articles, defense services, or technical data 12

that are controlled on the United States Muni-13

tions List established under section 38 of the 14

Arms Export Control Act (22 U.S.C. 2778); 15

(B) any item that is, or would be, if lo-16

cated in the United States, controlled by Export 17

Control Classification Number 600 series listed 18

on the Commerce Control List maintained 19

under Supplement No. 1 to part 774 of the Ex-20

port Administration Regulations; 21

(C) items used to facilitate the develop-22

ment or production of a chemical or biological 23

weapon or other weapon of mass destruction 24

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and their means of delivery, including ballistic 1

missiles and cruise missiles; or 2

(D) any foreign person that facilitates the 3

transfer of any of the articles described in sub-4

paragraphs (A) through (C); 5

(2) commercial passenger aircraft licensed by 6

the Office of Foreign Assets Control of the Depart-7

ment of the Treasury are being used for activities 8

described in paragraph (1); and 9

(3) foreign governments and persons have fa-10

cilitated the activities described in paragraph (1), in-11

cluding allowing the use of airports, services, or 12

other resources. 13

(c) FORM OF DETERMINATION.—The determination 14

required under subsection (a) shall be submitted in unclas-15

sified form but may include a classified annex. 16

(d) DEFINITIONS.—In this section: 17

(1) COMMERCIAL PASSENGER AIRCRAFT.—The 18

term ‘‘commercial passenger aircraft’’ includes— 19

(A) an aircraft of United States origin and 20

that is classified under Export Control Classi-21

fication Number (ECCN) 9A99l on the Com-22

merce Control List maintained under Supple-23

ment No. 1 to part 774 of the Export Adminis-24

tration Regulations; or 25

27

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(B) an aircraft not of United States origin 1

of which United States-controlled content con-2

stitutes 10 percent or more of the total value of 3

the aircraft and that is— 4

(i) classified under Export Control 5

Classification Number (ECCN) 9A99l on 6

the Commerce Control List maintained 7

under Supplement No. 1 to part 774 of the 8

Export Administration Regulations; and 9

(ii) is registered in a jurisdiction other 10

than the United States. 11

(2) EXPORT ADMINISTRATION REGULATIONS.— 12

The term ‘‘Export Administration Regulations’’ 13

means subchapter C of chapter VII of title 15, Code 14

of Federal Regulations. 15

(3) RELATED SERVICES.—The term ‘‘related 16

services’’, with respect to a commercial passenger 17

aircraft, includes— 18

(A) the export, re-export, sale, lease, or 19

transfer to Iran of spare parts and components; 20

and 21

(B) warranty, maintenance, and repair 22

services. 23

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SEC. 6. REGULATORY AUTHORITY. 1

(a) IN GENERAL.—The President shall, not later 2

than 120 days after the date of the enactment of this Act, 3

promulgate regulations as necessary for the implementa-4

tion of this Act and the amendments made by this Act. 5

(b) NOTIFICATION TO CONGRESS.—Not less than 10 6

days before the promulgation of regulations under sub-7

section (a), the President shall notify the appropriate con-8

gressional committees of the proposed regulations and the 9

provisions of this Act and the amendments made by this 10

Act that the regulations are implementing. 11

SEC. 7. DEFINITIONS. 12

In this Act: 13

(1) APPROPRIATE CONGRESSIONAL COMMIT-14

TEES.—The term ‘‘appropriate congressional com-15

mittees’’ means— 16

(A) the Committee on Foreign Affairs, the 17

Committee on Ways and Means, the Committee 18

on Financial Services, the Committee on Appro-19

priations, the Committee on Oversight and Gov-20

ernment Reform, and the Permanent Select 21

Committee on Intelligence of the House of Rep-22

resentatives; and 23

(B) the Committee on Foreign Relations, 24

the Committee on Finance, the Committee on 25

Banking, Housing, and Urban Affairs, the 26

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•HR 1698 EH

Committee on Appropriations, the Committee 1

on Homeland Security and Governmental Af-2

fairs, and the Select Committee on Intelligence 3

of the Senate. 4

(2) CREDIBLE INFORMATION.—The term ‘‘cred-5

ible information’’ has the meaning given such term 6

in section 14 of the Iran Sanctions Act of 1996 7

(Public Law 104–172; 50 U.S.C. 1701 note). 8

(3) GOVERNMENT OF IRAN.—The term ‘‘Gov-9

ernment of Iran’’ has the meaning given such term 10

in section 560.304 of title 31, Code of Federal Reg-11

ulations, as such section was in effect on January 1, 12

2016. 13

Passed the House of Representatives October 26,

2017.

Attest:

Clerk.

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