[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.