Text: H.R.6198 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-293 (09/30/2006)

 
[109th Congress Public Law 293]
[From the U.S. Government Printing Office]


[DOCID: f:publ293.109]

[[Page 1343]]

                        IRAN FREEDOM SUPPORT ACT

[[Page 120 STAT. 1344]]

Public Law 109-293
109th Congress

                                 An Act


 
   To hold the current regime in Iran accountable for its threatening 
behavior and to support a transition to democracy in Iran. <<NOTE: Sept. 
                       30, 2006 -  [H.R. 6198]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Iran Freedom Support 
Act. 50 USC 1701 note.>> 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. <<NOTE: 50 USC 1701 note.>> 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

[[Page 120 STAT. 1345]]

and certain other transactions with Iran) as in effect on January 1, 
2006, shall remain in effect. <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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


[[Page 120 STAT. 1346]]

        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) <<NOTE: 50 USC 1701 note.>> 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).

[[Page 120 STAT. 1347]]

    (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) <<NOTE: 50 USC 1701 note.>> 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 <<NOTE: 22 USC 2151 note.>> 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

[[Page 120 STAT. 1348]]

        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) <<NOTE: Deadline.>> 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.

[[Page 120 STAT. 1349]]

    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--

[[Page 120 STAT. 1350]]

                    (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.

    Approved September 30, 2006.

LEGISLATIVE HISTORY--H.R. 6198:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 152 (2006):
            Sept. 28, considered and passed House.
            Sept. 29, considered and passed Senate.

                                  <all>