[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1905 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1905
To strengthen Iran sanctions laws for the purpose of compelling Iran to
abandon its pursuit of nuclear weapons and other threatening
activities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2011
Ms. Ros-Lehtinen (for herself, Mr. Berman, Mr. Royce, Mr. Sherman, Mr.
Burton of Indiana, Mr. Deutch, Mr. Chabot, and Mr. Ackerman) introduced
the following bill; which was referred to the Committee on Foreign
Affairs, and in addition to the Committees on Financial Services,
Oversight and Government Reform, the Judiciary, and Ways and Means, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To strengthen Iran sanctions laws for the purpose of compelling Iran to
abandon its pursuit of nuclear weapons and other threatening
activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iran Threat
Reduction Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
TITLE I--IRAN ENERGY SANCTIONS
Sec. 101. Findings.
Sec. 102. Sense of Congress.
Sec. 103. Declaration of policy.
Sec. 104. Multilateral regime.
Sec. 105. Imposition of sanctions.
Sec. 106. Description of sanctions.
Sec. 107. Advisory opinions.
Sec. 108. Termination of sanctions.
Sec. 109. Duration of sanctions.
Sec. 110. Reports required.
Sec. 111. Determinations not reviewable.
Sec. 112. Exclusion of certain activities.
Sec. 113. Definitions.
Sec. 114. Effective date.
Sec. 115. Repeal.
TITLE II--IRAN FREEDOM SUPPORT
Sec. 201. Codification of sanctions.
Sec. 202. Declaration of Congress regarding United States policy toward
Iran.
Sec. 203. Assistance to support democracy in Iran.
Sec. 204. Imposition of sanctions on certain persons who are
responsible for or complicit in human
rights abuses committed against citizens of
Iran or their family members after the June
12, 2009, elections in Iran.
Sec. 205. Comprehensive strategy to promote Internet freedom and access
to information in Iran.
TITLE III--IRAN REGIME AND IRAN REVOLUTIONARY GUARD CORPS
ACCOUNTABILITY
Sec. 301. Exportation of petroleum, oil, and natural gas produced by
Iran's Islamic Revolutionary Guard Corps or
its affiliates.
Sec. 302. Iranian activities in Iraq and Afghanistan.
Sec. 303. United States policy toward Iran.
Sec. 304. Definitions.
TITLE IV--IRAN FINANCIAL SANCTIONS; DIVESTMENT FROM CERTAIN COMPANIES
THAT INVEST IN IRAN; AND PREVENTION OF DIVERSION OF CERTAIN GOODS,
SERVICES, AND TECHNOLOGIES TO IRAN
Sec. 401. Iran financial sanctions.
Sec. 402. Divestment from certain companies that invest in Iran.
Sec. 403. Prevention of diversion of certain goods, services, and
technologies to Iran.
TITLE V--SECURITIES AND EXCHANGE COMMISSION
Sec. 501. Disclosures to the Securities and Exchange Commission
relating to sanctionable activities.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Denial of visas for certain persons of the Government of
Iran.
Sec. 602. Sunset.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Successive administrations have clearly identified the
unacceptability of the Iranian regime's pursuit of nuclear
weapons capabilities and the danger that pursuit presents to
the United States, to our friends and allies, and to global
security.
(2) In May 1995, President Clinton stated that ``The
specter of an Iran armed with weapons of mass destruction and
the missiles to deliver them haunts not only Israel but the
entire Middle East and ultimately all the rest of us as well.
The United States and, I believe, all the Western nations have
an overriding interest in containing the threat posed by
Iran.''.
(3) In the 2006 State of the Union Address, President Bush
stated that ``The Iranian government is defying the world with
its nuclear ambitions, and the nations of the world must not
permit the Iranian regime to gain nuclear weapons. America will
continue to rally the world to confront these threats.''.
(4) In February 2009, President Obama committed the
Administration to ``developing a strategy to use all elements
of American power to prevent Iran from developing a nuclear
weapon''.
(5) Iran is a major threat to U.S. national security
interests, not only exemplified by Tehran's nuclear program but
also by its material assistance to armed groups in Iraq and
Afghanistan, to the Palestinian group Hamas, to Lebanese
Hezbollah, and to other extremists that seek to undermine
regional stability. These capabilities provide the regime with
potential asymmetric delivery vehicles and mechanisms for
nuclear or other unconventional weapons.
(6) Iran's growing inventory of ballistic missile and other
destabilizing types of conventional weapons provides the regime
the capabilities to enhance its power projection throughout the
region and undermine the national security interests of the
U.S. and its friends and allies.
(7) Were Iran to achieve a nuclear weapons capability, it
would, inter alia--
(A) likely lead to the proliferation of such
weapons throughout the region, where several states
have already indicated interest in nuclear programs,
and would dramatically undercut 60 years of U.S.
efforts to stop the spread of nuclear weapons;
(B) greatly increase the threat of nuclear
terrorism;
(C) significantly expand Iran's already-growing
influence in the region;
(D) insulate the regime from international
pressure, giving it wider scope further to oppress its
citizens and pursue aggression regionally and globally;
(E) embolden all Iranian-supported terrorist
groups, including Hamas and Hezbollah; and
(F) directly threaten several U.S. friends and
allies, especially Israel, whose very right to exist
has been denied successively by every leader of the
Islamic Republic of Iran and which Iranian President
Ahmadinejad says should be ``wiped off the map''.
(8) Successive Congresses have clearly recognized the
threat that the Iranian regime and its policies present to the
United States, to our friends and allies, and to global
security, and responded with successive bipartisan legislative
initiatives.
(9) The extent of the Iranian threat is greater today than
when the Iran-Libya Sanctions Act was signed into law in 1996,
now known as the Iran Sanction Act. That landmark legislation
imposed sanctions on foreign companies investing in Iran's
energy infrastructure in an effort to undermine the strategic
threat from Iran, by cutting off investment in its petroleum
sector and thereby denying the regime its economic lifeline and
its ability to pursue a nuclear program.
(10) Legislation like ILSA, which was re-titled the Iran
Sanctions Act in 2006, paved the way for similar legislation,
such as the Iran, North Korea and Syria Nonproliferation Act;
the Iran-Iraq Arms Nonproliferation Act (2006); the Iran
Freedom Support Act (2006); and the Comprehensive Iran
Sanctions, Accountability, and Divestment Act (2010).
(11) U.S. sanctions on Iran have hindered Iran's ability to
attract capital, material, and technical support for its
petroleum sector, creating financial difficulties for the
regime.
(12) In the Joint Explanatory Statement of the Committee of
Conference to the Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (CISADA) (Public Law 111-195; 50
U.S.C. 1701 note) issued on June 23, 2010, the Members of the
Committee of Conference noted that ``Although [the Iran
Sanctions Act] was enacted more than a decade ago, no
Administration has sanctioned a foreign entity for investing
$20 million or more in Iran's energy sector, despite a number
of such investments. Indeed, on only one occasion, in 1998, did
the Administration make a determination regarding a sanctions-
triggering investment, but the Administration waived sanctions
against the offending persons. Conferees believe that the lack
of enforcement of relevant enacted sanctions may have served to
encourage rather than deter Iran's efforts to pursue nuclear
weapons.''.
(13) The Joint Explanatory Statement also noted that ``The
effectiveness of this Act will depend on its forceful
implementation. The Conferees urge the President to vigorously
impose the sanctions provided for in this Act.''.
(14) The Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 mandates (among other provisions) that
the President initiate investigations of potentially
sanctionable activity under the Iran Sanctions Act (Public Law
104-172; 50 U.S.C. 1701 note). Although more than 6 months have
passed since enactment of this legislation, Congress has not
received notice of the imposition of sanctions on any entities
that do significant business in the U.S., despite multiple
reports of potentially sanctionable activity by such entities.
Although, in accordance with CISADA, some potentially
sanctionable entities have been persuaded to wind down and end
their involvement in Iran, others have not. In fact, since
CISADA became law, only two entities have been sanctioned,
neither of which does business in the U.S. and both of which
are therefore largely untouched by the sanctions.
(15) It is unlikely that Iran can be compelled to abandon
its pursuit of nuclear weapons unless sanctions are fully and
effectively implemented.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) prevent Iran from--
(A) acquiring or developing nuclear weapons and
associated delivery capabilities;
(B) developing its unconventional weapons and
ballistic missile capabilities; and
(C) continuing its support for Foreign Terrorist
Organizations and other activities aimed at undermining
and destabilizing its neighbors and other nations; and
(2) fully implement all multilateral and bilateral
sanctions against Iran in order to compel the Government of
Iran to--
(A) abandon and verifiably dismantle its nuclear
capabilities;
(B) abandon and verifiably dismantle its ballistic
missile and unconventional weapons programs; and
(C) cease all support for Foreign Terrorist
Organizations and other activities aimed at undermining
and destabilizing its neighbors and other nations.
TITLE I--IRAN ENERGY SANCTIONS
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) The efforts of the Government of Iran to achieve
nuclear weapons capability and to acquire other unconventional
weapons and the means to deliver them, both through ballistic-
missile and asymmetric means, and its support for foreign
terrorist organizations and other extremists endanger the
national security and foreign policy interests of the United
States and those countries with which the United States shares
common strategic and foreign policy objectives.
(2) The objectives of preventing the proliferation of
nuclear and other unconventional weapons and countering the
activities of foreign terrorist organizations and other
extremists through existing multilateral and bilateral
initiatives require further efforts to deny Iran the financial
means to sustain its nuclear, chemical, biological, and missile
weapons programs and its active support for terrorism.
(3) The Government of Iran uses its diplomatic facilities
and quasi-governmental institutions outside of Iran to support
foreign terrorist organizations and other extremists, and
assist its unconventional weapons and missile programs,
including its nuclear program.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that the goal of compelling Iran to
abandon its pursuit of nuclear weapons and other threatening activities
can be achieved most effectively through full implementation of all
sanctions enacted into law, including those sanctions set out in this
title.
SEC. 103. DECLARATION OF POLICY.
Congress declares that it is the policy of the United States to
deny Iran the ability to support acts of foreign terrorist
organizations and extremists and develop unconventional weapons and
ballistic missiles. A critical means of achieving that goal is
sanctions that limit Iran's ability to develop its energy resources,
including its ability to explore for, extract, refine, and transport by
pipeline its hydrocarbon resources, in order to limit the funds Iran
has available for pursuing its objectionable activities.
SEC. 104. MULTILATERAL REGIME.
(a) Multilateral Negotiations.--In order to further the objectives
of section 103, Congress urges the President immediately to initiate
diplomatic efforts, both in appropriate international fora such as the
United Nations, and bilaterally with allies of the United States, to
expand the multilateral sanctions regime regarding Iran, including--
(1) qualitatively expanding the United Nations Security
Council sanctions regime against Iran;
(2) qualitatively expanding the range of sanctions by the
European Union, South Korea, Japan, Australia, and other key
United States allies;
(3) further efforts to limit Iran's development of
petroleum resources and import of refined petroleum; and
(4) initiatives aimed at increasing non-Iranian crude oil
product output for current purchasers of Iranian petroleum and
petroleum byproducts.
(b) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report on the
extent to which diplomatic efforts described in subsection (a) have
been successful. Each report shall include--
(1) the countries that have agreed to undertake measures to
further the objectives of section 103 with respect to Iran, and
a description of those measures; and
(2) the countries that have not agreed to measures
described in paragraph (1), and, with respect to those
countries, other measures the President recommends that the
United States take to further the objectives of section 103
with respect to Iran.
(c) Interim Report on Multilateral Sanctions; Monitoring.--Not
later than 90 days after the date of the enactment of this Act, the
President shall submit to the appropriate congressional committees a
report on--
(1) the countries that have established legislative or
administrative standards providing for the imposition of trade
sanctions on persons or their affiliates that conduct business
or have investments in Iran;
(2) the extent and duration of each instance of the
application of such sanctions; and
(3) the disposition of any decision with respect to such
sanctions by the World Trade Organization or its predecessor
organization.
(d) Investigations.--
(1) In general.--The President shall initiate an
investigation into the possible imposition of sanctions under
section 105 against a person upon receipt by the United States
of credible information indicating that such person is engaged
in an activity described in such section.
(2) Determination and notification.--Not later than 180
days after the date on which an investigation is initiated
under paragraph (1), the President shall (unless paragraph (6)
applies) determine, pursuant to section 105, if a person has
engaged in an activity described in such section and shall
notify the appropriate congressional committees of the basis
for any such determination.
(3) Briefing.--
(A) In general.--Not later than 30 days after the
date of the enactment of this Act, and at the end of
every three-month period thereafter, the President,
acting through the Secretary of State, shall brief the
appropriate congressional committees regarding
investigations initiated under this subsection.
(B) Form.--The briefings required under
subparagraph (A) shall be provided in unclassified
form, but may be provided in classified form.
(4) Submission of information.--
(A) In general.--The Secretary of State shall, in
accordance with section 15(b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680(b)),
provide to the appropriate congressional committees all
requested information relating to investigations or
reviews initiated under this title.
(B) Form.--The information required under
subparagraph (A) shall be provided in unclassified
form, but may contain a classified annex.
(5) Termination.--Subject to paragraph (6), the President
may, on a case-by-case basis, terminate an investigation of a
person initiated under this subsection.
(6) Special rule.--
(A) In general.--The President need not initiate an
investigation, and may terminate an investigation, on a
case-by-case basis under this subsection if the
President certifies in writing in to the appropriate
congressional committees 15 days prior to the
determination that--
(i) the person whose activity was the basis
for the investigation is no longer engaging in
the activity or is divesting all holdings and
terminating the activity within one year from
the date of the certification; and
(ii) the President has received reliable
assurances that the person will not knowingly
engage in an activity described in section
105(a) in the future.
(B) Application of sanctions.--The President shall
apply the sanctions described in section 106(a) in
accordance with section 105(a) to a person described in
subparagraph (A) of this paragraph if the person fails
to verifiably divest all holdings and terminate the
activity described in subparagraph (A) of this
paragraph within one year from the date of
certification.
SEC. 105. IMPOSITION OF SANCTIONS.
(a) Sanctions With Respect to the Development of Petroleum
Resources of Iran, Production of Refined Petroleum Products in Iran,
and Exportation of Refined Petroleum Products to Iran.--
(1) Development of petroleum resources of iran.--
(A) In general.--Except as provided in subsection
(f), the President shall impose a majority of the
sanctions described in section 106(a) with respect to a
person if the President determines that the person
knowingly, on or after the date of the enactment of
this Act--
(i) makes an investment described in
subparagraph (B) of $20,000,000 or more; or
(ii) makes a combination of investments
described in subparagraph (B) in a 12-month
period if each such investment is of at least
$5,000,000 and such investments equal or exceed
$20,000,000 in the aggregate.
(B) Investment described.--An investment described
in this subparagraph is an investment that directly and
significantly contributes to the enhancement of Iran's
ability to develop petroleum resources.
(2) Production of refined petroleum products.--
(A) In general.--Except as provided in subsection
(f), the President shall impose a majority of the
sanctions described in section 106(a) with respect to a
person if the President determines that the person
knowingly, on or after the date of the enactment this
Act, sells, leases, or provides to Iran goods,
services, technology, information, or support described
in subparagraph (B)--
(i) any of which has a fair market value of
$1,000,000 or more; or
(ii) that, during a 12-month period, have
an aggregate fair market value of $5,000,000 or
more.
(B) Goods, services, technology, information, or
support described.--Goods, services, technology,
information, or support described in this subparagraph
are goods, services, technology, information, or
support that could directly and significantly
facilitate the maintenance or expansion of Iran's
domestic production of refined petroleum products,
including any direct and significant assistance with
respect to the construction, modernization, or repair
of petroleum refineries or associated infrastructure,
including construction of port facilities, railways,
and roads, the primary use of which is to support the
delivery of refined petroleum products.
(3) Exportation of refined petroleum products to iran.--
(A) In general.--Except as provided in subsection
(f), the President shall impose a majority of the
sanctions described in section 106(a) with respect to a
person if the President determines that the person
knowingly, on or after the date of the enactment of
this Act--
(i) sells or provides to Iran refined
petroleum products--
(I) that have a fair market value
of $1,000,000 or more; or
(II) that, during a 12-month
period, have an aggregate fair market
value of $5,000,000 or more; or
(ii) sells, leases, or provides to Iran
goods, services, technology, information, or
support described in subparagraph (B)--
(I) any of which has a fair market
value of $1,000,000 or more; or
(II) that, during a 12-month
period, have an aggregate fair market
value of $5,000,000 or more.
(B) Goods, services, technology, information, or
support described.--Goods, services, technology,
information, or support described in this subparagraph
are goods, services, technology, information, or
support that could directly and significantly
contribute to the enhancement of Iran's ability to
import refined petroleum products, including--
(i) except as provided in subparagraph (C),
underwriting or entering into a contract to
provide insurance or reinsurance for the sale,
lease, or provision of such goods, services,
service contracts, technology, information, or
support;
(ii) financing or brokering such sale,
lease, or provision;
(iii) purchasing, subscribing to, or
facilitating the issuance of Iranian sovereign
debt; or
(iv) providing ships or shipping services.
(C) Exception for underwriters and insurance
providers exercising due diligence.--The President may
not impose sanctions under this paragraph with respect
to a person that provides underwriting services or
insurance or reinsurance if the President determines
that the person has exercised due diligence in
establishing and enforcing official policies,
procedures, and controls to ensure that the person does
not underwrite or enter into a contract to provide
insurance or reinsurance for the sale, lease, or
provision of goods, services, technology, information,
or support described in subparagraph (B).
(b) Mandatory Sanctions With Respect to Development of Weapons of
Mass Destruction or Other Military Capabilities.--
(1) In general.--The President shall impose a majority of
the sanctions described in section 106(a) if the President
determines that a person, on or after the date of the enactment
of this Act, has knowingly exported, transferred, permitted,
hosted, or otherwise facilitated transshipment that may have
enabled a person to export, transfer, or transship to Iran or
otherwise provided to Iran any goods, services, technology, or
other items that would contribute materially to the ability of
Iran to--
(A) acquire or develop chemical, biological, or
nuclear weapons or related technologies; or
(B) acquire or develop destabilizing numbers and
types of advanced conventional weapons.
(2) Additional mandatory sanctions relating to transfer of
nuclear technology.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), in any case in which a
person is subject to sanctions under paragraph (1)
because of an activity described in that paragraph that
relates to the acquisition or development of nuclear
weapons or related technology or of missiles or
advanced conventional weapons that are designed or
modified to deliver a nuclear weapon, no license may be
issued for the export, and no approval may be given for
the transfer or retransfer, directly or indirectly, to
the country the government of which has primary
jurisdiction over the person, of any nuclear material,
facilities, components, or other goods, services, or
technology that are or would be subject to an agreement
for cooperation between the United States and that
government.
(B) Exception.--The sanctions described in
subparagraph (A) shall not apply with respect to a
country the government of which has primary
jurisdiction over a person that engages in an activity
described in that subparagraph if the President
determines and notifies the appropriate congressional
committees that the government of the country--
(i) does not know or have reason to know
about the activity; or
(ii) has taken, or is taking, all
reasonable steps necessary to prevent a
recurrence of the activity and to penalize the
person for the activity.
(C) Individual approval.--Notwithstanding
subparagraph (A), the President may, on a case-by-case
basis, approve the issuance of a license for the
export, or approve the transfer or retransfer, of any
nuclear material, facilities, components, or other
goods, services, or technology that are or would be
subject to an agreement for cooperation, to a person in
a country to which subparagraph (A) applies (other than
a person that is subject to the sanctions under
paragraph (1)) if the President--
(i) determines that such approval is vital
to the national security interests of the
United States; and
(ii) not later than 15 days before issuing
such license or approving such transfer or
retransfer, submits to the Committee on Foreign
Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate
the justification for approving such license,
transfer, or retransfer.
(D) Construction.--The restrictions in subparagraph
(A) shall apply in addition to all other applicable
procedures, requirements, and restrictions contained in
the Atomic Energy Act of 1954 and other related laws.
(E) Definition.--In this paragraph, 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)).
(F) Applicability.--The sanctions described in
subparagraph (A) shall apply only in a case in which a
person is subject to sanctions under paragraph (1)
because of an activity described in such paragraph in
which such person engages on or after the date of the
enactment of this Act.
(c) Persons Against Which the Sanctions Are To Be Imposed.--The
sanctions described in subsections (a) and (b)(1) shall be imposed on--
(1) any person the President determines has carried out the
activities described in subsection (a) or (b), respectively;
and
(2) any person that--
(A) is a successor entity to the person referred to
in paragraph (1);
(B) owns or controls the person referred to in
paragraph (1), if the person that owns or controls the
person referred to in paragraph (1) had actual
knowledge or should have known that the person referred
to in paragraph (1) engaged in the activities referred
to in that paragraph; or
(C) is owned or controlled by, or under common
ownership or control with, the person referred to in
paragraph (1), if the person owned or controlled by, or
under common ownership or control with (as the case may
be), the person referred to in paragraph (1) knowingly
engaged in the activities referred to in that
paragraph.
For purposes of this title, any person or entity described in
this subsection shall be referred to as a ``sanctioned
person''.
(d) Publication in Federal Register.--The President shall cause to
be published in the Federal Register a current list of persons and
entities on whom sanctions have been imposed under this title. The
removal of persons or entities from, and the addition of persons and
entities to, the list, shall also be so published.
(e) Publication of Projects.--The President shall cause to be
published in the Federal Register a list of all significant projects
that have been publicly tendered in the oil and gas sector in Iran.
(f) Exceptions.--The President shall not be required to apply or
maintain the sanctions under subsection (a) or (b)--
(1) in the case of procurement of defense articles or
defense services--
(A) under existing contracts or subcontracts,
including the exercise of options for production
quantities to satisfy requirements essential to the
national security of the United States;
(B) if the President determines in writing that the
person to which the sanctions would otherwise be
applied is a sole source supplier of the defense
articles or services, that the defense articles or
services are essential, and that alternative sources
are not readily or reasonably available; or
(C) if the President determines in writing that
such articles or services are essential to the national
security under defense coproduction agreements;
(2) in the case of procurement, to eligible products, as
defined in section 308(4) of the Trade Agreements Act of 1979
(19 U.S.C. 2518(4)), of any foreign country or instrumentality
designated under section 301(b) of that Act (19 U.S.C.
2511(b));
(3) to products, technology, or services provided under
contracts entered into before the date on which the President
publishes in the Federal Register the name of the person on
whom the sanctions are to be imposed;
(4) to--
(A) spare parts which are essential to United
States products or production;
(B) component parts, but not finished products,
essential to United States products or production; or
(C) routine servicing and maintenance of products,
to the extent that alternative sources are not readily
or reasonably available;
(5) to information and technology essential to United
States products or production; or
(6) to medicines, medical supplies, or other humanitarian
items.
SEC. 106. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions to be imposed on a sanctioned person
under section 105 are as follows:
(1) Export-import bank assistance for exports to sanctioned
persons.--The President may direct the Export-Import Bank of
the United States to not give approval to for the issuance of
any guarantee, insurance, extension of credit, or participation
in the extension of credit in connection with the export of any
goods or services to any sanctioned person.
(2) Export sanction.--Except as provided in subparagraph
(B), the President may order the United States Government not
to issue any specific license and not to grant any other
specific permission or authority to export any goods or
technology to a sanctioned person under--
(A) the Export Administration Act of 1979 (as
continued in effect pursuant to the International
Emergency Economic Powers Act);
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other law that requires the prior review
and approval of the United States Government as a
condition for the export or re-export of goods or
services.
(3) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits to
any sanctioned person totaling more than $10,000,000 in any 12-
month period unless such person is engaged in activities to
relieve human suffering and the loans or credits are provided
for such activities.
(4) Prohibitions on financial institutions.--The following
prohibitions may be imposed against a sanctioned person that is
a financial institution:
(A) Prohibition on designation as primary dealer.--
Neither the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York may
designate, or permit the continuation of any prior
designation of, such financial institution as a primary
dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--Such financial institution may not
serve as agent of the United States Government or serve
as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as one sanction for purposes of section 105,
and the imposition of both such sanctions shall be treated as
two sanctions for purposes of section 105.
(5) Procurement sanction.--The United States Government may
not procure, or enter into any contract for the procurement of,
any goods or services from a sanctioned person.
(6) Foreign exchange.--The President may prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the sanctioned
person has any interest.
(7) Banking transactions.--The President may prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the sanctioned
person.
(8) Property transactions.--The President may prohibit any
person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, transporting, importing, or
exporting any property that is subject to the
jurisdiction of the United States and with respect to
which a sanctioned person has any interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(9) Grounds for exclusion.--The Secretary of State may deny
a visa to, and the Secretary of Homeland Security may exclude
from the United States, any alien whom the Secretary of State
determines is an alien who, on or after the date of the
enactment of this Act, is a--
(A) corporate officer, principal, or shareholder
with a controlling interest of a person against whom
sanctions have been imposed under subsection (a) or
(b);
(B) corporate officer, principal, or shareholder
with a controlling interest of a successor entity to or
a parent or subsidiary of such a sanctioned person;
(C) corporate officer, principal, or shareholder
with a controlling interest of an affiliate of such a
sanctioned person, if such affiliate engaged in a
sanctionable activity described in subsection (a) or
(b) and if such affiliate is controlled in fact by such
sanctioned person; or
(D) spouse, minor child, or agent of a person
excludable under subparagraph (A), (B), or (C).
(10) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of any sanctioned person, or on persons performing
similar functions and with similar authorities as such officer
or officers, any of the sanctions under this subsection. The
President shall include on the list published under section
105(d) the name of any person against whom sanctions are
imposed under this paragraph.
(11) Additional sanctions.--The President shall impose
sanctions, as appropriate, to restrict imports with respect to
a sanctioned person, in accordance with the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(b) Additional Measure Relating to Government Contracts.--
(1) Modification of federal acquisition regulation.--The
Federal Acquisition Regulation issued pursuant to section 25 of
the Office of Federal Procurement Policy Act (41 U.S.C. 421)
shall require a certification from each person that is a
prospective contractor that such person does not engage in any
activity for which sanctions may be imposed under section 105.
(2) Remedies.--
(A) In general.--If the head of an executive agency
determines that a person has submitted a false
certification under paragraph (1) after the date on
which the Federal Acquisition Regulation is revised to
implement the requirements of this subsection, the head
of that executive agency shall terminate a contract
with such person or debar or suspend such person from
eligibility for Federal contracts for a period of not
more than three years. Any such debarment or suspension
shall be subject to the procedures that apply to
debarment and suspension under the Federal Acquisition
Regulation under subpart 9.4 of part 9 of title 48,
Code of Federal Regulations.
(B) Inclusion on list of parties excluded from
federal procurement and nonprocurement programs.--The
Administrator of General Services shall include on the
List of Parties Excluded from Federal Procurement and
Nonprocurement Programs maintained by the Administrator
under part 9 of the Federal Acquisition Regulation
issued pursuant to section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421) each person that
is debarred, suspended, or proposed for debarment or
suspension by the head of an executive agency on the
basis of a determination of a false certification under
subparagraph (A).
(3) Clarification regarding certain products.--The remedies
specified in paragraph (2) shall not apply with respect to the
procurement of eligible products, as defined in section 308(4)
of the Trade Agreements Act of 1974 (19 U.S.C. 2518(4)), of any
foreign country or instrumentality designated under section
301(b) of such Act (19 U.S.C. 2511(b)).
(4) Rule of construction.--This subsection shall not be
construed to limit the use of other remedies available to the
head of an executive agency or any other official of the
Federal Government on the basis of a determination of a false
certification under paragraph (1).
(5) Waiver.--The President may, on a case-by-case basis,
waive the requirement that a person make a certification under
paragraph (1) if the President determines and certifies in
writing to the appropriate congressional committees that it is
in the national interest of the United States to do so.
(6) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given such term in section
104 of the Office of Federal Procurement Policy Act (41 U.S.C.
403).
(7) Applicability.--The revisions to the Federal
Acquisition Regulation required under paragraph (1) shall apply
with respect to contracts for which solicitations are issued on
or after the date that is 90 days after the date of the
enactment of this Act.
SEC. 107. ADVISORY OPINIONS.
The Secretary of State may, upon the request of any person, issue
an advisory opinion to such person as to whether a proposed activity by
such person would subject such person to sanctions under this title.
Any person who relies in good faith on such an advisory opinion which
states that such proposed activity would not subject such person to
such sanctions, and any such person who thereafter engages in such
activity, shall not be made subject to such sanctions on account of
such activity.
SEC. 108. TERMINATION OF SANCTIONS.
(a) Certification.--The requirement under section 105 to impose
sanctions shall no longer have force or effect with respect to Iran if
the President determines and certifies to the appropriate congressional
committees that Iran--
(1) has ceased and verifiably dismantled its efforts to
design, develop, manufacture, or acquire--
(A) a nuclear explosive device or related materials
and technology;
(B) chemical and biological weapons; and
(C) ballistic missiles and ballistic missile launch
technology;
(2) no longer provides support for acts of international
terrorism; and
(3) poses no threat to the national security, interests, or
allies of the United States.
(b) Notification.--The President shall notify the appropriate
congressional committees not later than 15 days before making the
certification described in subsection (a).
SEC. 109. DURATION OF SANCTIONS.
(a) Delay of Sanctions.--
(1) Consultations.--If the President makes a determination
described in section 105 with respect to a foreign person,
Congress urges the President to initiate consultations
immediately with the government with primary jurisdiction over
such foreign person with respect to the imposition of sanctions
under such section.
(2) Actions by government of jurisdiction.--In order to
pursue consultations under paragraph (1) with the government
concerned, the President may delay for up to 90 days the
imposition of sanctions under section 105. Following such
consultations, the President shall immediately impose on the
foreign person referred to in paragraph (1) such sanctions
unless the President determines and certifies to Congress that
the government has taken specific and effective actions,
including, as appropriate, the imposition of appropriate
penalties to terminate the involvement of the foreign person in
the activities that resulted in the determination by the
President under section 105 concerning such foreign person and
the foreign person is no longer engaged in such activities.
(b) Duration of Sanctions.--A sanction imposed under section 105
shall remain in effect--
(1) for a period of not less than two years beginning on
the date on which such sanction is imposed; or
(2) until such time as the President determines and
certifies to Congress that the person whose activities were the
basis for imposing such sanction is no longer engaging in such
activities and that the President has received reliable
assurances that such person will not knowingly engage in such
activities in the future, except that such sanction shall
remain in effect for a period of at least one year.
(c) Waiver.--
(1) Authorization.--
(A) In general.--The President may waive the
requirements in section 105(a) or 105(b)(2) to impose a
sanction or sanctions, and may waive, on a case-by-case
basis, the continued imposition of a sanction or
sanctions under subsection (b) of this section, if the
President determines and so reports to the appropriate
congressional committees 15 days prior to the exercise
of waiver authority that failure to exercise such
waiver authority would pose an unusual and
extraordinary threat to the vital national security
interests of the United States.
(B) Contents of report.--Any report under
subparagraph (A) shall provide a specific and detailed
rationale for a determination made pursuant to such
paragraph, including--
(i) a description of the conduct that
resulted in the determination under section
105(a);
(ii) in the case of a foreign person, an
explanation of the efforts to secure the
cooperation of the government with primary
jurisdiction over such person to terminate or,
as appropriate, penalize the activities that
resulted in the determination under section
105(a);
(iii) an estimate of the significance of
the conduct of the person concerned in
contributing to the ability of Iran to develop
petroleum resources, produce refined petroleum
products, or import refined petroleum products;
and
(iv) a statement as to the response of the
United States in the event that the person
concerned engages in other activities that
would be subject to a sanction or sanctions
under section 105(a).
(2) Waiver with respect to persons in countries that
cooperate in multilateral efforts with respect to iran.--
(A) In general.--The President may, on a case by
case basis, waive for a period of not more than 12
months the application of section 105(a) with respect
to a person if the President, at least 30 days before
the waiver is to take effect--
(i) certifies to the appropriate
congressional committees that--
(I) the government with primary
jurisdiction over the person is closely
cooperating with the United States in
multilateral efforts to prevent Iran
from--
(aa) acquiring or
developing chemical,
biological, or nuclear weapons
or related technologies; or
(bb) acquiring or
developing destabilizing
numbers and types of advanced
conventional weapons; and
(II) such a waiver is vital to the
national security interests of the
United States; and
(ii) submits to the appropriate
congressional committees a report identifying--
(I) the person with respect to
which the President waives the
application of sanctions; and
(II) the actions taken by the
government described in clause (i)(I)
to cooperate in multilateral efforts
described in that clause.
(B) Subsequent renewal of waiver.--At the
conclusion of the period of a waiver under subparagraph
(A), the President may renew the waiver--
(i) if the President determines, in
accordance with subparagraph (A) that the
waiver is appropriate; and
(ii) for subsequent periods of not more
than 12 months each.
SEC. 110. REPORTS REQUIRED.
(a) Report on Certain International Initiatives.--Not later than
180 days after the date of the enactment of this Act and every 180 days
thereafter, the President shall transmit to the appropriate
congressional committees a report describing--
(1) the efforts of the President to mount a multilateral
campaign to persuade all countries to pressure Iran to cease
its nuclear, chemical, biological, and missile weapons programs
and its support of acts of international terrorism;
(2) the efforts of the President to persuade other
governments to ask Iran to reduce in the countries of such
governments the presence of Iranian diplomats and
representatives of other government and military or quasi-
governmental institutions of Iran, and to withdraw any such
diplomats or representatives who participated in the takeover
of the United States Embassy in Tehran, Iran, on November 4,
1979, or the subsequent holding of United States hostages for
444 days;
(3) the extent to which the International Atomic Energy
Agency has established regular inspections of all nuclear
facilities in Iran, including those facilities presently under
construction; and
(4) Iran's use of Iranian diplomats and representatives of
other government and military or quasi-governmental
institutions of Iran to promote acts of international terrorism
or to develop or sustain Iran's nuclear, chemical, biological,
or missile weapons programs.
(b) Report on Effectiveness of Actions Under This Act.--Not later
than 180 days after the date of the enactment of this Act and annually
thereafter, the President shall transmit to Congress a report that
describes--
(1) the extent to which actions relating to trade taken
pursuant to this title have--
(A) been effective in achieving the policy
objective described in section 103 and any other
foreign policy or national security objectives of the
United States with respect to Iran; and
(B) affected humanitarian interests in Iran, the
country in which a sanctioned person is located, or in
other countries; and
(2) the impact of actions relating to trade taken pursuant
to this title on other national security, economic, and foreign
policy interests of the United States, including relations with
countries friendly to the United States, and on the United
States economy.
The President may include in such reports the President's
recommendation on whether or not this Act should be terminated or
modified.
(c) Other Reports.--The President shall ensure the continued
transmittal to Congress of reports describing--
(1) the nuclear and other military capabilities of Iran, as
required under section 601(a) of the Nuclear Non-Proliferation
Act of 1978 and section 1607 of the National Defense
Authorization Act for Fiscal Year 1993; and
(2) the support provided by Iran for acts of international
terrorism, as part of the Department of State's annual reports
on international terrorism.
(d) Reports on Global Trade Relating to Iran.--Not later than 180
days after the date of the enactment of the this Act and annually
thereafter, the President shall transmit to the appropriate
congressional committees a report, with respect to the most recent 12-
month period for which data are available, on the dollar value amount
of trade, including in the energy sector, between Iran and each country
maintaining membership in the Group of 20 Finance Ministers and Central
Bank Governors.
SEC. 111. DETERMINATIONS NOT REVIEWABLE.
A determination to impose sanctions under this title shall not be
reviewable in any court.
SEC. 112. EXCLUSION OF CERTAIN ACTIVITIES.
Nothing in this title shall apply to any activities subject to the
reporting requirements of title V of the National Security Act of 1947.
SEC. 113. DEFINITIONS.
In this title:
(1) Act of international terrorism.--The term ``act of
international terrorism'' has the meaning given such term in
section 2331 of title 18, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance, the Committee on
Banking, Housing, and Urban Affairs, and the Committee
on Foreign Relations of the Senate; and
(B) the Committee on Ways and Means, the Committee
on Banking and Financial Services, the Committee on
Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(3) Component part.--The term ``component part'' has the
meaning given such term in section 11A(e)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)).
(4) Credible information.--The term ``credible
information'' means, with respect to a person, such person's
public announcement of an investment described in section 105,
Iranian governmental announcements of such an investment,
reports to stockholders, annual reports, industry reports,
Government Accountability Office products, and trade
publications.
(5) Develop and development.--The terms ``develop'' and
``development'' mean the exploration for, or the extraction,
refining, or transportation by pipeline of, petroleum
resources.
(6) Financial institution.--The term ``financial
institution'' includes--
(A) a depository institution (as defined in section
3(c)(1) of the Federal Deposit Insurance Act),
including a branch or agency of a foreign bank (as
defined in section 1(b)(7) of the International Banking
Act of 1978);
(B) a credit union;
(C) a securities firm, including a broker or
dealer;
(D) an insurance company, including an agency or
underwriter; and
(E) any other company that provides financial
services including joint ventures with Iranian entities
both inside and outside of Iran and partnerships or
investments with Iranian government-controlled entities
or affiliated entities.
(7) Finished product.--The term ``finished product'' has
the meaning given such term in section 11A(e)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).
(8) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States person
or an alien lawfully admitted for permanent residence
into the United States; or
(B) a corporation, partnership, joint venture,
cooperative venture, or other nongovernmental entity
which is not a United States person.
(9) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated by
the Secretary of State as a foreign terrorist organization in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(10) Goods and technology.--The terms ``goods'' and
``technology'' have the meanings given such terms in section 16
of the Export Administration Act of 1979 (50 U.S.C. App. 2415).
(11) Investment.--The term ``investment'' means any of the
following activities if any of such activities is undertaken
pursuant to an agreement, or pursuant to the exercise of rights
under such an agreement, that is entered into with the
Government of Iran or a nongovernmental entity in Iran, on or
after the date of the enactment of this Act:
(A) The entry into a contract that includes
responsibility for the development of petroleum
resources located in Iran, or the entry into a contract
providing for the general supervision and guarantee of
another person's performance of such a contract.
(B) The purchase of a share of ownership, including
an equity interest, in the development described in
subparagraph (A).
(C) The entry into a contract providing for the
participation in royalties, earnings, or profits in the
development described in subparagraph (A), without
regard to the form of such participation.
(D) The provision of goods, services, or technology
related to petroleum resources.
(12) Iran.--The term ``Iran'' includes any agency or
instrumentality of Iran.
(13) Iranian diplomats and representatives of other
government and military or quasi-governmental institutions of
iran.--The term ``Iranian diplomats and representatives of
other government and military or quasi-governmental
institutions of Iran'' includes employees, representatives, or
affiliates of Iran's--
(A) Foreign Ministry;
(B) Ministry of Intelligence and Security;
(C) Revolutionary Guard Corps and affiliated
entities;
(D) Crusade for Reconstruction;
(E) Qods (Jerusalem) Forces;
(F) Interior Ministry;
(G) Foundation for the Oppressed and Disabled;
(H) Prophet's Foundation;
(I) June 5th Foundation;
(J) Martyr's Foundation;
(K) Islamic Propagation Organization; and
(L) Ministry of Islamic Guidance.
(14) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result of such conduct, circumstance, or
result.
(15) Nuclear explosive device.--The term ``nuclear
explosive device'' means any device, whether assembled or
disassembled, that is designed to produce an instantaneous
release of an amount of nuclear energy from special nuclear
material (as defined in section 11 aa. of the Atomic Energy Act
of 1954 (42 U.S.C. 2014 aa.)) that is greater than the amount
of energy that would be released from the detonation of one
pound of trinitrotoluene (TNT).
(16) Person.--
(A) In general.--The term ``person'' means--
(i) a natural person;
(ii) a corporation, business association,
partnership, society, trust, financial
institution, insurer, underwriter, guarantor,
or any other business organization, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise; and
(iii) any successor to any entity described
in clause (ii).
(B) Exclusion.--The term ``person'' does not
include a government or governmental entity that is not
operating as a business enterprise.
(17) Petroleum resources.--The term ``petroleum resources''
includes petroleum and natural gas resources, refined petroleum
products, oil or liquefied natural gas, oil or liquefied
natural gas tankers, and products used to construct or maintain
pipelines used to transport oil or liquefied natural gas.
(18) Refined petroleum products.--The term ``refined
petroleum products'' means diesel, gasoline, jet fuel
(including naphtha-type and kerosene-type jet fuel), and
aviation gasoline.
(19) United states or state.--The terms ``United States''
and ``State'' mean the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, American Samoa, Guam, the United
States Virgin Islands, and any other territory or possession of
the United States.
(20) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States; and
(B) a corporation or other legal entity that is
organized under the laws of the United States or any
State if a natural person described in subparagraph (A)
owns, directly or indirectly, more than 50 percent of
the outstanding capital stock or other beneficial
interest in such corporation or legal entity.
SEC. 114. EFFECTIVE DATE.
This title shall take effect on the date of the enactment of this
Act and shall apply with respect to an investment or activity described
in subsection (a) or (b) of section 105 that is commenced on or after
such date of enactment.
SEC. 115. REPEAL.
(a) In General.--The Iran Sanctions Act of 1996 (50 U.S.C. 1701
note) is repealed.
(b) Federal Acquisition Regulation.--Notwithstanding the repeal
made by subsection (a), the modification to the Federal Acquisition
Regulation made pursuant to section 6(b)(1) of the Iran Sanctions Act
of 1996 shall continue in effect until the modification to such
Regulation that is made pursuant to section 106(b)(1) of this Act takes
effect.
TITLE II--IRAN FREEDOM SUPPORT
SEC. 201. CODIFICATION OF SANCTIONS.
United States sanctions with respect to Iran imposed pursuant to
sections 1 and 3 of Executive Order 12957, sections 1(e), (1)(g), and
(3) of Executive Order 12959, sections 2, 3, and 5 of Executive Order
13059 (relating to exports and certain other transactions with Iran),
and sections 1, 5, 6, 7, and 8 of Executive Order 13553, as in effect
on January 1, 2011, shall remain in effect until the President
certifies to the appropriate congressional committees, at least 90 days
before the removal of such sanctions, that the Government of Iran has
verifiably dismantled its nuclear weapons program, its biological and
chemical weapons programs, its ballistic missile development programs,
and ceased its support for international terrorism.
SEC. 202. DECLARATION OF CONGRESS REGARDING UNITED STATES POLICY TOWARD
IRAN.
It shall be the policy of the United States to support those
individuals in Iran seeking a free, democratic government that respects
the rule of law and protects the rights of all citizens.
SEC. 203. ASSISTANCE TO SUPPORT DEMOCRACY IN IRAN.
(a) Statement of Policy.--The President is authorized to provide
financial and political assistance (including the award of grants) to
foreign and domestic individuals, organizations, and entities that
support democracy and the promotion of democracy in Iran. Such
assistance may include the award of grants to eligible independent pro-
democracy broadcasting organizations and new media that broadcast into
Iran.
(b) Eligibility for Assistance.--Financial and political assistance
authorized under this section shall 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(a) of the Immigration and Nationality Act (8
U.S.C. 1189(a)) 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 all
people; and
(6) supports freedom of the press, freedom of speech,
freedom of association, and freedom of religion.
(c) Funding.--Financial and political assistance authorized under
this section may only be provided using--
(1) funds available to the Middle East Partnership
Initiative (MEPI), the Broader Middle East and North Africa
Initiative, the Human Rights and Democracy Fund, and the Near
East Regional Democracy Fund; and
(2) amounts made available pursuant to the authorization of
appropriations under subsection (f).
(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 Foreign Affairs
and the Committee on Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Committee on Appropriations
of the Senate of such obligation of assistance. Such notification shall
include, as practicable, a description of the types of programs
supported by such assistance and an identification of the recipients of
such assistance.
(e) Sense of Congress Regarding Diplomatic Assistance.--It is the
sense of Congress that--
(1) contacts should be expanded with opposition groups in
Iran that meet the criteria for eligibility for assistance
under subsection (b);
(2) support for those individuals seeking democracy in Iran
should be expressed by United States representatives and
officials in all appropriate international fora; and
(3) 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.
SEC. 204. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE
RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES
COMMITTED AGAINST CITIZENS OF IRAN OR THEIR FAMILY
MEMBERS AFTER THE JUNE 12, 2009, ELECTIONS IN IRAN.
(a) List of Persons Who Are Responsible for or Complicit in Certain
Human Rights Abuses; Sanctions on Such Persons.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a list of all persons who
are officials of the Government of Iran, including the Supreme
Leader, the President, Members of the Cabinet, Members of the
Assembly of Experts, Members of the Ministry of Intelligence
Services, or any Member of the Iranian Revolutionary Guard
Corps with the rank of brigadier general and above, including
members of paramilitary organizations such as Ansar-e-Hezbollah
and Basij-e Mostaz'afin.
(2) Certification.--The President shall impose on the
persons specified in the list under paragraph (1) the sanctions
described in subsection (b). The President shall exempt any
such person from such imposition if the President determines
and certifies to the appropriate congressional committees that
such person, based on credible evidence, is not responsible for
or complicit in, or responsible for ordering, controlling, or
otherwise directing, the commission of serious human rights
abuses against citizens of Iran or their family members on or
after June 12, 2009, regardless of whether such abuses occurred
in Iran.
(3) Updates of list.--The President shall transmit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than every 60 days beginning after
the date of the initial transmittal under such
paragraph; and
(B) as new information becomes available.
(4) Form of report; public availability.--
(A) Form.--The list required under paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
(B) Public availability.--The unclassified portion
of the list required under paragraph (1) shall be made
available to the public and posted on the Web sites of
the Department of the Treasury and the Department of
State.
(5) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
under paragraph (1), the President shall consider credible data
already obtained by other countries and nongovernmental
organizations, including organizations in Iran, that monitor
the human rights abuses of the Government of Iran.
(b) Sanctions Described.--The sanctions described in this
subsection are ineligibility for a visa to enter the United States and
sanctions pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), including blocking of property and
restrictions or prohibitions on financial transactions and the
exportation and importation of property, subject to such regulations as
the President may prescribe, including regulatory exceptions to permit
the United States to comply with the Agreement between the United
Nations and the United States of America regarding the Headquarters of
the United Nations, signed June 26, 1947, and entered into force
November 21, 1947, and other applicable international obligations.
(c) Termination of Sanctions.--The provisions of this section shall
terminate on the date on which the President determines and certifies
to the appropriate congressional committees that the Government of Iran
has--
(1) unconditionally released all political prisoners,
including the citizens of Iran detained in the aftermath of the
June 12, 2009, presidential election in Iran;
(2) ceased its practices of violence, unlawful detention,
torture, and abuse of citizens of Iran while engaging in
peaceful political activity;
(3) conducted a transparent investigation into the
killings, arrests, and abuse of peaceful political activists
that occurred in the aftermath of the June 12, 2009,
presidential election in Iran and prosecuted the individuals
responsible for such killings, arrests, and abuse; and
(4) has--
(A) established an independent judiciary; and
(B) is respecting the human rights and basic
freedoms recognized in the Universal Declaration of
Human Rights.
SEC. 205. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS
TO INFORMATION IN IRAN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, the Secretary of State
shall submit to the Committees on Foreign Affairs and Appropriations of
the House of Representatives and the Committees on Foreign Relations
and Appropriations of the Senate a comprehensive strategy to--
(1) help the people of Iran produce, access, and share
information freely and safely via the Internet, including in
Farsi and regional languages;
(2) support the development of counter-censorship
technologies that enable the citizens of Iran to undertake
Internet activities without interference from the Government of
Iran;
(3) increase the capabilities and availability of secure
mobile communications among human rights and democracy
activists in Iran;
(4) provide resources for digital safety training for
media, unions, and academic and civil society organizations in
Iran;
(5) increase the amount of accurate Internet content in
local languages in Iran;
(6) increase emergency resources for the most vulnerable
human rights advocates seeking to organize, share information,
and support human rights in Iran;
(7) expand surrogate radio, television, live stream, and
social network communications inside Iran;
(8) expand activities to safely assist and train human
rights, civil society, and union activists in Iran to operate
effectively and securely;
(9) defeat all attempts by the Government of Iran to jam or
otherwise deny international satellite broadcasting signals;
and
(10) expand worldwide United States embassy and consulate
programming for and outreach to Iranian dissident communities.
(b) Form.--The comprehensive strategies required under subsection
(a) shall be in unclassified form and may include a classified annex.
TITLE III--IRAN REGIME AND IRAN REVOLUTIONARY GUARD CORPS
ACCOUNTABILITY
SEC. 301. EXPORTATION OF PETROLEUM, OIL, AND NATURAL GAS PRODUCED BY
IRAN'S ISLAMIC REVOLUTIONARY GUARD CORPS OR ITS
AFFILIATES.
(a) In General.--Except as provided in subsection (c), the
President shall impose the sanctions described in section 106(a) with
respect to a person if the President determines that such person
knowingly, on or after the date of the enactment of the Iran Threat
Reduction Act of 2011, provides any service described in subsection (b)
with respect to the exportation of petroleum, oil, or liquefied natural
gas to be refined or otherwise processed outside of Iran if--
(1) Iran's Islamic Revolutionary Guard Corps or any of its
affiliates was directly and significantly involved in the
development, extraction, production, transportation, or sale of
such petroleum, oil, or liquefied natural gas in Iran; and
(2)(A) the fair market value of such petroleum, oil, or
liquefied natural gas is $1,000,000 or more; or
(B) during a 12-month period, the aggregate fair market
value of such petroleum, oil, or liquefied natural gas is
$5,000,000 or more.
(b) Services Described.--The services referred to in subsection (a)
are--
(1) refining or otherwise processing petroleum, oil, or
liquefied natural gas;
(2) the provision of ships or shipping services; or
(3) financing, brokering, underwriting, or providing
insurance or reinsurance.
(c) Exception for Underwriters and Insurance Providers Exercising
Due Diligence.--The President may not impose sanctions under this
paragraph with respect to a person that provides underwriting services
or insurance or reinsurance if the President determines that such
person has exercised due diligence in establishing and enforcing
official policies, procedures, and controls to ensure that such person
does not underwrite or enter into a contract to provide insurance or
reinsurance with respect to the exportation of petroleum, oil, or
liquefied natural gas in violation of subsection (a).
SEC. 302. IRANIAN ACTIVITIES IN IRAQ AND AFGHANISTAN.
(a) Freezing of Assets.--In accordance with subsection (b), all
property and interests in property of the foreign persons described in
Executive Orders 13382 and 13224, or their affiliates, that are in the
United States, that on or after the date of the enactment of this Act
come within the United States, or that on or after the date of the
enactment of this Act come within the possession or control of United
States persons, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in with respect to any such person
determined by the Secretary of State, in consultation with the
Secretary of the Treasury and the Secretary of Defense to--
(1) have committed, or to pose a significant risk of
committing, an act or acts of violence that have the purpose or
effect of--
(A) threatening the peace or stability of Iraq or
the Government of Iraq;
(B) undermining efforts to promote economic
reconstruction and political reform in Iraq or to
provide humanitarian assistance to the Iraqi people;
(C) threatening the peace or stability of
Afghanistan or the Government of Afghanistan; or
(D) undermining efforts to promote economic
reconstruction and political reform in Afghanistan or
to provide humanitarian assistance to the Afghan
people;
(2) have materially assisted, sponsored, or provided
financial, material, logistical, or technical support for, or
goods or services in support of, such an act or acts of
violence or any person or entity whose property and interests
in property are blocked pursuant this subsection; or
(3) be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or indirectly,
any person whose property and interests in property are blocked
pursuant to this subsection.
(b) Description of Prohibitions.--The prohibitions described in
subsection (a) include--
(1) the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any person
whose property and interests in property are blocked; and
(2) the receipt of any contribution or provision of funds,
goods, or services from any such person.
(c) Statement of Policy.--An increase in both the quantity and
quality of Iranian arms shipments and technological expertise to the
Iraqi insurgents, the Taliban, other terrorist organizations, and
criminal elements has the potential to significantly change the
battlefield in both Iraq and Afghanistan, and lead to a large increase
in United States, International Security Assistance Force, Coalition,
and Iraqi and Afghan casualties.
SEC. 303. UNITED STATES POLICY TOWARD IRAN.
(a) National Strategy Required.--The President shall develop a
strategy, to be known as the ``National Strategy to Counter Iran'' that
provides strategic guidance for activities that support the objective
of addressing, countering, and containing the threats posed by Iran.
(b) Annual Report.--
(1) In general.--Not later than January 30 of each year,
the President shall transmit to the appropriate congressional
committees in Congress a report on the current and future
strategy of the United States toward Iran, and the
implementation of the National Strategy to Counter Iran
required under subsection (a).
(2) Form.--If the President considers it appropriate, the
report required under this subsection, or appropriate parts
thereof, may be transmitted in classified form.
(c) Matters To Be Included.--The report required under subsection
(b) shall include a description of the security posture and objectives
of Iran, including at least the following:
(1) A description and assessment of Iranian grand strategy
and security strategy, including--
(A) the goals of Iran's grand strategy and security
strategy, and strategic objectives; and
(B) Iranian strategy to achieve such objectives in
the Middle East, Europe, Africa, Western Hemisphere,
and Asia.
(2) An assessment of the capabilities of Iran's
conventional forces and Iran's unconventional forces,
including--
(A) the size and capabilities of Iran's
conventional forces and Iran's unconventional forces;
(B) an analysis of the formal and informal national
command authority for Iran's conventional forces and
Iran's unconventional forces;
(C) the size and capability of Iranian foreign and
domestic intelligence and special operations units,
including the Iranian Revolutionary Guard Corps-Quds
Force;
(D) a description and analysis of Iranian military
doctrine;
(E) the types and amount of support, including
funding, lethal and nonlethal supplies, and training,
provided to groups designated by the United States as
foreign terrorist organizations and regional militant
groups; and
(F) an estimate of the levels of funding and
funding and procurement sources by Iran to develop and
support Iran's conventional forces and Iran's
unconventional forces.
(3) An assessment of Iranian strategy and capabilities
related to nuclear, unconventional, and missile forces
development, including--
(A) a summary and analysis of nuclear weapons
capabilities;
(B) an estimate of the amount and sources of
funding expended by, and an analysis of procurement
networks utilized by, Iran to develop its nuclear
weapons capabilities;
(C) a summary of the capabilities of Iran's
unconventional weapons and Iran's ballistic missile
forces and Iran's cruise missile forces, including
developments in the preceding year, the size of Iran's
ballistic missile forces and Iran's cruise missile
forces, and the locations of missile launch sites;
(D) a detailed analysis of the effectiveness of
Iran's unconventional weapons and Iran's ballistic
missile forces and Iran's cruise missile forces; and
(E) an estimate of the amount and sources of
funding expended by, and an analysis of procurement
networks utilized by, Iran on programs to develop a
capability to develop unconventional weapons and Iran's
ballistic missile forces and Iran's cruise missile
forces.
(4) The Government of Iran's economic strategy, including--
(A) sources of funding for the activities of the
Government of Iran described in this section;
(B) the role of the Government of Iran in the
formal and informal sector of the domestic Iranian
economy;
(C) evasive and other efforts by the Government of
Iran to circumvent international and bilateral
sanctions regimes;
(D) the effect of bilateral and multilateral
sanctions on the ability of Iran to implement its grand
strategy and security strategy described in paragraph
(1); and
(E) Iran's strategy and efforts to leverage
economic and political influence, cooperation, and
activities in the Middle East Europe, Africa, Western
Hemisphere, and Asia.
(5) Key vulnerabilities identified in paragraph (1), and an
implementation plan for the National Strategy to Counter Iran
required under subsection (a).
(d) Classified Annex.--The reports required under subsection (b)
shall be in unclassified form to the greatest extent possible, and may
include a classified annex where necessary.
SEC. 304. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Appropriations, and
the Permanent Select Committee on Intelligence of the
House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the Senate.
(2) Iran's ballistic missile forces.--The term ``Iran's
ballistic missile forces'' means those elements of the
Government of Iran that employ ballistic missiles.
(3) Iran's ballistic missile and unconventional weapons.--
The term ``Iran's ballistic missile and unconventional
weapons'' means Iran's ballistic missile forces and chemical,
biological, and radiological weapons programs.
(4) Iran's cruise missile forces.--The term ``Iran's cruise
missile forces'' means those elements of the Government of Iran
that employ cruise missiles capable of flights less than 500
kilometers.
(5) Iran's conventional forces.--The term ``Iran's
conventional forces''--
(A) means military forces of Iran designed to
conduct operations on sea, air, or land, other than
Iran's unconventional forces and Iran's ballistic
missile forces and Iran's cruise missile forces; and
(B) includes Iran's Army, Air Force, Navy, domestic
law enforcement, and elements of the Iranian
Revolutionary Guard Corps, other than the Iranian
Revolutionary Guard Corps Quds Force.
(6) Iran's unconventional forces.--The term ``Iran's
unconventional forces''--
(A) means forces of Iran that carry out missions
typically associated with special operations forces;
and
(B) includes--
(i) the Iranian Revolutionary Guard Corps-
Quds Force;
(ii) paramilitary organizations;
(iii) formal and informal intelligence
agencies and entities; and
(iv) any organization that--
(I) has been designated as a
foreign terrorist organization under
section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a));
(II) receives assistance from Iran;
and
(III) is assessed--
(aa) as being willing in
some or all cases of carrying
out attacks on behalf of Iran;
or
(bb) as likely to carry out
attacks in response to an
attack by another country on
Iran or its interests.
TITLE IV--IRAN FINANCIAL SANCTIONS; DIVESTMENT FROM CERTAIN COMPANIES
THAT INVEST IN IRAN; AND PREVENTION OF DIVERSION OF CERTAIN GOODS,
SERVICES, AND TECHNOLOGIES TO IRAN
SEC. 401. IRAN FINANCIAL SANCTIONS.
(a) Financial Institution Certification.--Section 104(e) of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (Public Law 111-195; 22 U.S.C. 8513(e)) is amended by adding at
the end the following new paragraph:
``(3) Certification.--Not later than 90 days after the date
of the enactment of this paragraph, the Secretary of the
Treasury shall prescribe regulations to require any person
owned or controlled by a domestic financial institution to
provide positive certification to the Secretary that such
person is not engaged in corresponding relations or business
activity with a foreign person or financial institution that
facilitates transactions from persons and domestic financial
institutions described in subsection (d).''.
(b) Report on the Activities of the Central Bank of Iran.--Section
104 of the Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Report on the Activities of the Central Bank of Iran.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this subsection and annually thereafter, the
Secretary of State, in consultation with the Secretary of the
Treasury, shall submit to Congress a report on how the
activities of the Central Bank of Iran facilitate Iran's
efforts to acquire nuclear weapons capabilities, unconventional
weapons and ballistic and cruise missile development, and
activities as a designated state sponsor of terrorism.
``(2) Form.--The reports required under this subsection
shall be submitted in unclassified form and may contain a
classified annex.''.
(c) Continuation in Effect.--Sections 104, 106, 107, 108, 109, 110,
111, and 115 of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 shall remain in effect until the President makes
the certification described in section 602 of this Act.
SEC. 402. DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN.
Title II of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 shall remain in effect until the President makes
the certification described in section 602 of this Act.
SEC. 403. PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND
TECHNOLOGIES TO IRAN.
Title III of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 shall remain in effect until the President makes
the certification described in section 602 of this Act.
TITLE V--SECURITIES AND EXCHANGE COMMISSION
SEC. 501. DISCLOSURES TO THE SECURITIES AND EXCHANGE COMMISSION
RELATING TO SANCTIONABLE ACTIVITIES.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following new
subsection:
``(r) Disclosure of Certain Activities Relating to Iran, Terrorism,
and the Proliferation of Weapons of Mass Destruction.--
``(1) General disclosure required.--Each issuer required to
file an annual or quarterly report under subsection (a) shall
include with such report a statement of whether, during the
period since the issuer made the last such report, the issuer
or any affiliate of the issuer--
``(A) engaged in an activity described in section 5
of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note);
``(B) knowingly engaged in an activity described in
subsection (c)(2) of section 104 of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of
2010 (Public Law 111-195; 22 U.S.C. 8513) or knowingly
violated regulations prescribed under subsection (d)(1)
or (e)(1) of such section 104; or
``(C) knowingly conducted any transaction or
dealing with--
``(i) any person the property and interests
in property of which are blocked pursuant to
Executive Order 13224 (66 Fed. Reg. 49079;
relating to blocking property and prohibiting
transacting with persons who commit, threaten
to commit, or support terrorism);
``(ii) any person the property and
interests in property of which are blocked
pursuant to Executive Order 13382 (70 Fed. Reg.
38567; relating to blocking of property of
weapons of mass destruction proliferators and
their supporters); or
``(iii) any person on the list contained in
Appendix A to part 560 of title 31, Code of
Federal Regulations (commonly known as the
`Iranian Transactions Regulations').
``(2) Specific disclosure required.--If an issuer reports
under paragraph (1) that the issuer or an affiliate of the
issuer has engaged in any activity described in that paragraph,
the issuer shall include with the statement required under that
paragraph a detailed description of each such activity,
including--
``(A) the nature and extent of the activity;
``(B) the revenues and profits, if any,
attributable to the activity; and
``(C) whether the issuer or the affiliate of the
issuer (as the case may be) intends to continue the
activity.
``(3) Investigation of disclosures.--When the Commission
receives a report under paragraph (1) from an issuer that the
issuer or an affiliate of the issuer has engaged in any
activity described in that paragraph, the President shall--
``(A) initiate an investigation into the possible
imposition of sanctions under the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note), section
104 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513), the Executive Orders or regulations specified in
paragraph (1)(C), or any other provision of law; and
``(B) not later than 180 days after initiating such
an investigation, make a determination with respect to
whether sanctions should be imposed with respect to the
issuer or the affiliate of the issuer (as the case may
be).
``(4) Public disclosure of information.--The Commission
shall promptly--
``(A) make the information provided to the
Commission under paragraphs (1) and (2) available to
the public by posting the information on the Internet
Web site of the Commission; and
``(B) provide a copy of that information to--
``(i) the President;
``(ii) the Committee on Foreign Affairs and
the Committee on Financial Services of the
House of Representatives; and
``(iii) the Committee on Foreign Relations
and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
``(5) Sunset.--The provisions of this subsection shall
terminate on the date that is 30 days after the date on which
the President makes the certification described in section
401(a) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8551(a)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to reports required to be filed with the
Securities and Exchange Commission after the date that is 90 days after
the date of the enactment of this Act.
TITLE VI--GENERAL PROVISIONS
SEC. 601. DENIAL OF VISAS FOR CERTAIN PERSONS OF THE GOVERNMENT OF
IRAN.
(a) In General.--Except as necessary to meet United States
obligations under the Agreement between the United Nations and the
United States of America regarding the Headquarters of the United
Nations, signed June 26, 1947, and entered into force November 21,
1947, and other applicable international treaty obligations, the
Secretary of State shall deny a visa to and the Secretary of Homeland
Security shall exclude from the United States a person of the
Government of Iran pursuant to section 6(j)(1)(A) of the Export
Administration Act of 1979 (as in effect pursuant to the International
Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.), section 40(d)
of the Arms Export Control Act (22 U.S.C. 2780(d)), and section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371) if the Secretary
determines that such person--
(1) is an agent, instrumentality, or official of, is
affiliated with, or is serving as a representative of the
Government of Iran; and
(2) presents a threat to the United States or is directly
or indirectly affiliated with terrorist organizations.
(b) Restriction on Movement.--The Secretary of State shall restrict
in Washington, DC, and at the United Nations in New York City, the
travel to only within a 25-mile radius of Washington, DC, or the United
Nations headquarters building, respectively, of any person identified
in subsection (a).
SEC. 602. SUNSET.
(a) Sunset.--The provisions of this Act shall terminate, and shall
cease to be effective, on the date that is 30 days after the date on
which the President certifies to Congress that Iran--
(1) has ceased and verifiably dismantled its efforts to
design, develop, manufacture, or acquire--
(A) a nuclear explosive device or related materials
and technology;
(B) chemical and biological weapons; and
(C) ballistic missiles and ballistic missile launch
technology;
(2) no longer provides support for acts of international
terrorism; and
(3) poses no threat to United States national security,
interests, or allies.
(b) Notification.--The President shall notify the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate not later than 15 days before making a
certification described in subsection (a).
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