[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6198 Enrolled Bill (ENR)]
H.R.6198
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To hold the current regime in Iran accountable for its threatening
behavior and to support a transition to democracy in Iran.
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 ``Iran Freedom Support Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN
Sec. 101. Codification of sanctions.
TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND
OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN
Sec. 201. Multilateral regime.
Sec. 202. Imposition of sanctions.
Sec. 203. Termination of sanctions.
Sec. 204. Sunset.
Sec. 205. Technical and conforming amendments.
TITLE III--PROMOTION OF DEMOCRACY FOR IRAN
Sec. 301. Declaration of policy.
Sec. 302. Assistance to support democracy for Iran.
TITLE IV--POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR
NONPROLIFERATION OF IRAN
Sec. 401. Sense of Congress.
TITLE V--PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION
Sec. 501. Prevention of money laundering for weapons of mass
destruction.
TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN
SEC. 101. CODIFICATION OF SANCTIONS.
(a) Codification of Sanctions.--Except as otherwise provided in
this section, United States sanctions with respect to Iran imposed
pursuant to sections 1 and 3 of Executive Order No. 12957, sections
1(e), (1)(g), and (3) of Executive Order No. 12959, and sections 2, 3,
and 5 of Executive Order No. 13059 (relating to exports and certain
other transactions with Iran) as in effect on January 1, 2006, shall
remain in effect. The President may terminate such sanctions, in whole
or in part, if the President notifies Congress at least 15 days in
advance of such termination. In the event of exigent circumstances, the
President may exercise the authority set forth in the preceding
sentence without regard to the notification requirement stated therein,
except that such notification shall be provided as early as
practicable, but in no event later than three working days after such
exercise of authority.
(b) No Effect on Other Sanctions Relating to Support for Acts of
International Terrorism.--Nothing in this Act shall affect any United
States sanction, control, or regulation as in effect on January 1,
2006, relating to a determination under section 6(j)(1)(A) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)),
section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2371(a)), or section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)) that the Government of Iran has repeatedly provided support
for acts of international terrorism.
TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND
OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN
SEC. 201. MULTILATERAL REGIME.
(a) Waiver.--Section 4(c) of the Iran and Libya Sanctions Act of
1996 (50 U.S.C. 1701 note) is amended to read as follows:
``(c) Waiver.--
``(1) In general.--The President may, on a case by case basis,
waive for a period of not more than six months the application of
section 5(a) with respect to a national of a country, if the
President certifies to the appropriate congressional committees at
least 30 days before such waiver is to take effect that such waiver
is vital to the national security interests of the United States.
``(2) Subsequent renewal of waiver.--If the President
determines that, in accordance with paragraph (1), such a waiver is
appropriate, the President may, at the conclusion of the period of
a waiver under paragraph (1), renew such waiver for subsequent
periods of not more than six months each.''.
(b) Investigations.--Section 4 of such Act (50 U.S.C. 1701 note) is
amended by adding at the end the following new subsection:
``(f) Investigations.--
``(1) In general.--The President should initiate an
investigation into the possible imposition of sanctions under
section 5(a) against a person upon receipt by the United States of
credible information indicating that such person is engaged in
investment activity in Iran as described in such section.
``(2) Determination and notification.--Not later than 180 days
after an investigation is initiated in accordance with paragraph
(1), the President should determine, pursuant to section 5(a), if a
person has engaged in investment activity in Iran as described in
such section and shall notify the appropriate congressional
committees of the basis for any such determination.''.
SEC. 202. IMPOSITION OF SANCTIONS.
(a) Sanctions With Respect to Development of Petroleum Resources.--
Section 5(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.
1701 note) is amended in the heading, by striking ``to Iran'' and
inserting ``to the Development of Petroleum Resources of Iran''.
(b) Sanctions With Respect to Development of Weapons of Mass
Destruction or Other Military Capabilities.--Section 5(b) of such Act
(50 U.S.C. 1701 note) is amended to read as follows:
``(b) Mandatory Sanctions With Respect to Development of Weapons of
Mass Destruction or Other Military Capabilities.--The President shall
impose two or more of the sanctions described in paragraphs (1) through
(6) of section 6 if the President determines that a person has, on or
after the date of the enactment of this Act, exported, transferred, or
otherwise provided to Iran any goods, services, technology, or other
items knowing that the provision of such goods, services, technology,
or other items would contribute materially to the ability of Iran to--
``(1) acquire or develop chemical, biological, or nuclear
weapons or related technologies; or
``(2) acquire or develop destabilizing numbers and types of
advanced conventional weapons.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to actions taken on or after June 6, 2006.
SEC. 203. TERMINATION OF SANCTIONS.
Section 8(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.
1701 note) is amended--
(1) in paragraph (1)(C), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) poses no significant threat to United States national
security, interests, or allies.''.
SEC. 204. SUNSET.
Section 13 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.
1701 note) is amended by striking ``on September 29, 2006'' and
inserting ``on December 31, 2011''.
SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Findings.--Section 2 of the Iran and Libya Sanctions Act of
1996 (50 U.S.C. 1701 note) is amended by striking paragraph (4).
(b) Declaration of Policy.--Section 3 of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
(1) in subsection (a), by striking ``(a) Policy With Respect to
Iran.--''; and
(2) by striking subsection (b).
(c) Termination of Sanctions.--Section 8 of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
(1) in subsection (a), by striking ``(a) Iran.--''; and
(2) by striking subsection (b).
(d) Duration of Sanctions; Presidential Waiver.--Section 9(c)(2)(C)
of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is
amended to read as follows:
``(C) an estimate of the significance of the provision of
the items described in section 5(a) or section 5(b) to Iran's
ability to, respectively, develop its petroleum resources or
its weapons of mass destruction or other military capabilities;
and''.
(e) Reports Required.--Section 10(b)(1) of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking
``and Libya'' each place it appears.
(f) Definitions.--Section 14 of the Iran and Libya Sanctions Act of
1996 (50 U.S.C. 1701 note) is amended--
(1) in paragraph (9)--
(A) in the matter preceding subparagraph (A), by--
(i) striking ``, or with the Government of Libya or a
nongovernmental entity in Libya,''; and
(ii) by striking ``nongovenmental'' and inserting
``nongovernmental''; and
(B) in subparagraph (A), by striking ``or Libya (as the
case may be)'';
(2) by striking paragraph (12); and
(3) by redesignating paragraphs (13), (14), (15), (16), and
(17) as paragraphs (12), (13), (14), (15), and (16), respectively.
(g) Short Title.--
(1) In general.--Section 1 of the Iran and Libya Sanctions Act
of 1996 (50 U.S.C. 1701 note) is amended by striking ``and Libya''.
(2) References.--Any reference in any other provision of law,
regulation, document, or other record of the United States to the
``Iran and Libya Sanctions Act of 1996'' shall be deemed to be a
reference to the ``Iran Sanctions Act of 1996''.
TITLE III--PROMOTION OF DEMOCRACY FOR IRAN
SEC. 301. DECLARATION OF POLICY.
(a) In General.--Congress declares that it should be the policy of
the United States--
(1) to support efforts by the people of Iran to exercise self-
determination over the form of government of their country; and
(2) to support independent human rights and peaceful pro-
democracy forces in Iran.
(b) Rule of Construction.--Nothing in this Act shall be construed
as authorizing the use of force against Iran.
SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY FOR IRAN.
(a) Authorization.--
(1) In general.--Notwithstanding any other provision of law,
the President is authorized to provide financial and political
assistance (including the award of grants) to foreign and domestic
individuals, organizations, and entities working for the purpose of
supporting and promoting democracy for Iran. Such assistance may
include the award of grants to eligible independent pro-democracy
radio and television broadcasting organizations that broadcast into
Iran.
(2) Limitation on assistance.--In accordance with the rule of
construction described in subsection (b) of section 301, none of
the funds authorized under this section shall be used to support
the use of force against Iran.
(b) Eligibility for Assistance.--Financial and political assistance
under this section should be provided only to an individual,
organization, or entity that--
(1) officially opposes the use of violence and terrorism and
has not been designated as a foreign terrorist organization under
section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)
at any time during the preceding four years;
(2) advocates the adherence by Iran to nonproliferation regimes
for nuclear, chemical, and biological weapons and materiel;
(3) is dedicated to democratic values and supports the adoption
of a democratic form of government in Iran;
(4) is dedicated to respect for human rights, including the
fundamental equality of women;
(5) works to establish equality of opportunity for people; and
(6) supports freedom of the press, freedom of speech, freedom
of association, and freedom of religion.
(c) Funding.--The President may provide assistance under this
section using--
(1) funds available to the Middle East Partnership Initiative
(MEPI), the Broader Middle East and North Africa Initiative, and
the Human Rights and Democracy Fund; and
(2) amounts made available pursuant to the authorization of
appropriations under subsection (g).
(d) Notification.--Not later than 15 days before each obligation of
assistance under this section, and in accordance with the procedures
under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-l), the President shall notify the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(e) Sense of Congress Regarding Diplomatic Assistance.--It is the
sense of Congress that--
(1) support for a transition to democracy in Iran should be
expressed by United States representatives and officials in all
appropriate international fora;
(2) officials and representatives of the United States should--
(A) strongly and unequivocally support indigenous efforts
in Iran calling for free, transparent, and democratic
elections; and
(B) draw international attention to violations by the
Government of Iran of human rights, freedom of religion,
freedom of assembly, and freedom of the press.
(f) Duration.--The authority to provide assistance under this
section shall expire on December 31, 2011.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State such sums as may be necessary to
carry out this section.
TITLE IV--POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR
NONPROLIFERATION OF IRAN
SEC. 401. SENSE OF CONGRESS.
(a) Sense of Congress.--It should be the policy of the United
States not to bring into force an agreement for cooperation with the
government of any country that is assisting the nuclear program of Iran
or transferring advanced conventional weapons or missiles to Iran
unless the President has determined that--
(1) Iran has suspended all enrichment-related and reprocessing-
related activity (including uranium conversion and research and
development, manufacturing, testing, and assembly relating to
enrichment and reprocessing), has committed to verifiably refrain
permanently from such activity in the future (except potentially
the conversion of uranium exclusively for export to foreign nuclear
fuel production facilities pursuant to internationally agreed
arrangements and subject to strict international safeguards), and
is abiding by that commitment; or
(2) the government of that country--
(A) has, either on its own initiative or pursuant to a
binding decision of the United Nations Security Council,
suspended all nuclear assistance to Iran and all transfers of
advanced conventional weapons and missiles to Iran, pending a
decision by Iran to implement measures that would permit the
President to make the determination described in paragraph (1);
and
(B) is committed to maintaining that suspension until Iran
has implemented measures that would permit the President to
make such determination.
(b) Definitions.--In this section:
(1) Agreement for cooperation.--The term ``agreement for
cooperation'' has the meaning given that term in section 11 b. of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)).
(2) Assisting the nuclear program of iran.--The term
``assisting the nuclear program of Iran'' means the intentional
transfer to Iran by a government, or by a person subject to the
jurisdiction of a government, with the knowledge and acquiescence
of that government, of goods, services, or technology listed on the
Nuclear Suppliers Group Guidelines for the Export of Nuclear
Material, Equipment and Technology (published by the International
Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/
Part 1, and subsequent revisions) or Guidelines for Transfers of
Nuclear-Related Dual-Use Equipment, Material and Related Technology
(published by the International Atomic Energy Agency as Information
Circular INFCIRC/254/Rev. 3/Part 2 and subsequent revisions).
(3) Transferring advanced conventional weapons or missiles to
iran.--The term ``transferring advanced conventional weapons or
missiles to Iran'' means the intentional transfer to Iran by a
government, or by a person subject to the jurisdiction of a
government, with the knowledge and acquiescence of that government,
of--
(A) advanced conventional weapons; or
(B) goods, services, or technology listed on the Missile
Technology Control Regime Equipment and Technology Annex of
June 11, 1996, and subsequent revisions.
TITLE V--PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION
SEC. 501. PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS
DESTRUCTION.
Section 5318A(c)(2) of title 31, United States Code, is amended--
(1) in subparagraph (A)(i), by striking ``or both,'' and
inserting ``or entities involved in the proliferation of weapons of
mass destruction or missiles''; and
(2) in subparagraph (B)(i), by inserting ``, including any
money laundering activity by organized criminal groups,
international terrorists, or entities involved in the proliferation
of weapons of mass destruction or missiles'' before the semicolon
at the end.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.