S.Amdt. 2166

1. Adds Subtitle D--Other Matters SEC. 1241. IRAN COUNTER-PROLIFERATION SANCTIONS at the end of title XII

   Adds a section

   Inserted: Subtitle D--Other Matters SEC. 1241. IRAN COUNTER-PROLIFERATION SANCTIONS.

   Inserted: (a) Sense of Congress.--The following is the sense of Congress:

   Inserted: (1) The United States should pursue vigorously all measures in the international financial sector to restrict Iran's ability to conduct international financial transactions, including prohibiting banks in the United States from handling indirect transactions with Iran's state-owned banks and prohibiting financial institutions that operate in United States currency from engaging in dollar transactions with Iranian institutions.

   Inserted: (2) The United States should take all possible measures to discourage and, if possible, prevent foreign banks from providing export credit guarantees to foreign entities seeking to invest in Iran.

   Inserted: (3) Iran should comply fully with its obligations under United Nations Security Council Resolutions 1737 (2006) and 1747 (2007), and any subsequent United Nations resolutions related to Iran's nuclear program, and in particular the requirement to suspend without delay all enrichment-related and reprocessing activities, including research and development, and all work on all heavy water-related nuclear activities, including research and development.

   Inserted: (4) The United Nations Security Council should take further measures beyond Resolutions 1737 and 1747 to tighten sanctions on Iran, including preventing new investment in Iran's energy sector and mandating the reduction of government-backed export credit guarantees, as long as Iran fails to comply with the demand of the international community to halt its nuclear enrichment campaign.

   Inserted: (5) The United States should encourage foreign governments to direct state-owned entities to cease all investment in Iran's energy sector and all imports to and exports from Iran of refined petroleum products and to persuade, and, where possible, require private entities based in their territories to cease all investment in Iran's energy sector and all imports to and exports from Iran of refined petroleum products.

   Inserted: (6) Administrators of Federal and State pension plans should divest all assets or holdings from foreign companies and entities that have invested or invest in the future in Iran's energy sector.

   Inserted: (7) Iranian state-owned banks should not be permitted to use the banking system of the United States.

   Inserted: (8) The Secretary of State should designate the Iranian Revolutionary Guards as a Foreign Terrorist Organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and the Secretary of the Treasury should place the Iranian Revolutionary Guards on the list of Specially Designated Global Terrorists under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).

   Inserted: (b) Definitions.--In this section:

   Inserted: (1) Appropriate congressional committees.--The term "appropriate congressional committees" has the meaning given that term in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

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   Inserted: (2) Investment.--The term "investment" has the meaning given that term in section 14(9) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

   Inserted: (3) 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" has the meaning given that term in section 14(11) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

   Inserted: (4) Family member.--The term "family member" means, with respect to an individual, the spouse, children, grandchildren, or parents of the individual.

   Inserted: (5) Medicine.--The term "medicine" has the meaning given the term "drug" in section 321 of title 21, United States Code.

   Inserted: (c) Clarification and Expansion of Definitions.--

   Inserted: (1) Person.--Section 14(13)(B) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended--

   Inserted: (A) by inserting "financial institution, insurer, underwriter, guarantor, and other business organization, including any foreign subsidiary, parent, or affiliate of the foregoing," after "trust,"; and

   Inserted: (B) by inserting ", such as an export credit agency" before the semicolon.

   Inserted: (2) Petroleum resources.--Section 14(14) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended by striking "petroleum and natural gas resources" and inserting "petroleum, petroleum by-products, liquefied natural gas, 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".

   Inserted: (d) Russia Nuclear Cooperation.--

   Inserted: (1) In general.--Notwithstanding any other provision of law, and in addition to any other sanction in effect, beginning on the date that is 15 days after the date of the enactment of this Act, the sanctions described in paragraph (2) shall apply with respect to Russia, unless the President makes a certification to Congress described in paragraph (3).

   Inserted: (2) Sanctions.--The sanctions described in this paragraph are the following:

   Inserted: (A) Agreements.--The United States may not enter into an agreement for cooperation with Russia pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153).

   Inserted: (B) Licenses to export nuclear material, facilities, or components.--The United States may not issue a license to export directly or indirectly to Russia any nuclear material, facilities, components, or other goods, services, or technology that would be subject to an agreement under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153).

   Inserted: (C) Transfers of nuclear material, facilities, or components.--The United States may not approve the transfer or retransfer directly or indirectly to Russia of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to an agreement under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153).

   Inserted: (3) Certification.--The certification described in this paragraph means a certification made by the President to Congress on or after the date that is 15 days after the date of the enactment of this Act that the President has determined that--

   Inserted: (A) Russia has suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran; or

   Inserted: (B) Iran has completely, verifiably, and irreversibly dismantled all nuclear enrichment-related and reprocessing-related programs.

   Inserted: (4) Termination of sanctions.--The sanctions described in paragraph (2) shall remain in effect until such time as the President makes the certification to Congress described in paragraph (3).

   Inserted: (5) Recertification.--

   Inserted: (A) In general.--Not later than 1 year after the date on which the President makes a certification under paragraph (3), and annually thereafter, the President shall recertify that the President has determined that Russia has not resumed nuclear assistance to Iran or transfers of advanced conventional weapons or missiles to Iran.

   Inserted: (B) Effect of failure to recertify.--If the President does not make the recertification under subparagraph (A) within 1 year of making the certification described in paragraph (3), the sanctions described in paragraph (2) shall apply with respect to Russia until the President makes such recertification.

   Inserted: (e) Economic Sanctions Relating to Iran.--

   Inserted: (1) In general.--Notwithstanding any other provision of law, and in addition to any other sanction in effect, beginning on the date that is 15 days after the date of the enactment of this Act, the sanctions described in paragraph (2) shall apply with respect to Iran, unless the President makes a certification to Congress described in paragraph (3).

   Inserted: (2) Sanctions.--The sanctions described in this paragraph are the following:

   Inserted: (A) Prohibition on imports.--No article that originates in Iran may be imported into the United States.

   Inserted: (B) Prohibition on exports.--

   Inserted: (i) In general.--Except as provided in clause (ii), no article that originates in the United States may be exported to Iran.

   Inserted: (ii) Exception for food, animal feed, and medicine.--The prohibition in clause (i) does not apply to exports to Iran of food, animal feed, or medicine that originate in the United States.

   Inserted: (C) Trade preferences.--The United States Trade Representative or any other Federal official may not take any action that would extend a unilateral trade preference to any article that originates from--

   Inserted: (i) Iran; or

   Inserted: (ii) any other country that is determined by the Secretary of State to be--

   Inserted: (I) engaged in nuclear cooperation with Iran, including the transfer or sale of any item, material, goods, or technology that can contribute to uranium enrichment or nuclear reprocessing activities of Iran; or

   Inserted: (II) contributing to the ballistic missile programs of Iran.

   Inserted: (D) Accession to wto.--The United States Trade Representative or any other Federal official may not take any action that would lead to the accession of Iran to the World Trade Organization.

   Inserted: (E) Freezing assets.--

   Inserted: (i) In general.--At such time as the United States has access to the names of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran, the President shall take such action as may be necessary to freeze immediately the funds and other assets belonging to anyone so named, the family members of those so named, and any associates of those so named to whom assets or property of those so named were transferred on or after January 1, 2007. The action described in the preceding sentence includes requiring any United States financial institution that holds funds and assets of a person so named to report promptly to the Office of Foreign Assets Control information regarding such funds and assets.

   Inserted: (ii) Asset reporting requirement.--Not later than 14 days after a decision is made to freeze the property or assets of any person under this paragraph, the President shall report the name of such person to the appropriate congressional committees.

   Inserted: (F) United states government contracts.--The United States Government may not procure, or enter into a contract for the procurement of, any goods or services from a person that meets the criteria for the imposition of sanctions under section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

   Inserted: (3) Certification described.--The certification described in this paragraph means a certification made by the President to Congress beginning on the date that is 15 days after the date of the enactment of this Act that the President has determined that Iran has completely, verifiably, and irreversibly dismantled all nuclear enrichment-related and reprocessing-related programs.

   Inserted: (4) Termination of sanctions.--The sanctions described in paragraph (2) shall remain in effect until such time as the President makes the certification to Congress described in paragraph (3).

   Inserted: (f) World Bank Loans to Iran.--

   Inserted: (1) Report.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on--

   Inserted: (A) the number of loans provided by the World Bank to Iran;

   Inserted: (B) the dollar amount of such loans; and

   Inserted: (C) the voting record of each member of the World Bank on such loans.

   Inserted: (2) Reduction of contribution of the united states.--The President shall reduce the amount to be paid on behalf of the United States to the World Bank for fiscal year 2008, and each fiscal year thereafter, by an amount equal to the amount that bears the same ratio to the total amount appropriated for the World Bank for that fiscal year as--

   Inserted: (A) the total amount provided by the Bank to entities in Iran, and for projects and activities in Iran, in the preceding fiscal year, bears to

   Inserted: (B) the total amount provided by the Bank to all entities, and for all projects and activities, in the preceding fiscal year.

   Inserted: (3) Allocation of amounts not contributed to the world bank.--There is authorized to be appropriated to the United States Agency for International Development for fiscal year 2008, and each fiscal year thereafter, an amount equal to the amount by which the total payment of the United States to the World Bank is reduced for that fiscal year as a result of the application of paragraph (2). Funds appropriated pursuant to this subsection shall be made available for the Child Survival and Health Programs Fund to carry out programs relating to maternal and child health, vulnerable children, and infectious diseases other than HIV/AIDS.

   Inserted: (g) Increased Capacity for Efforts to Combat Unlawful or Terrorist Financing.--

   Inserted: (1) Findings.--The work of the Office of Terrorism and Financial Intelligence of the Department of Treasury, which includes the Office of Foreign Assets Control and the Financial Crimes Enforcement Network, is critical to ensuring that the international financial system is not used for purposes of supporting terrorism and developing weapons of mass destruction.

   Inserted: (2) Authorization.--There are authorized to be appropriated to the Secretary of the Treasury for the Office of Terrorism and Financial Intelligence--

   Inserted: (A) $59,466,000 for fiscal year 2008; and

   Inserted: (B) such sums as may be necessary for each of the fiscal years 2009 and 2010.

   Inserted: (3) Authorization amendment.--Section 310(d)(1) of title 31, United States Code, is amended by striking "such sums as may be necessary for fiscal years 2002, 2003, 2004, and 2005" and inserting "$85,844,000 for fiscal year 2008 and such sums as may be necessary for each of the fiscal years 2009 and 2010".

   Inserted: (h) National Intelligence Estimate on Iran.--As required under section 1213 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2422), the Director of National Intelligence shall submit to Congress an updated, comprehensive National Intelligence Estimate on Iran.

   Inserted: (i) Exchange Programs With the People of Iran.--

   Inserted: (1) Sense of congress.--It is the sense of Congress that the United States should seek to enhance its friendship with the people of Iran, particularly by identifying young people of Iran to come to the United States under United States exchange programs.

   Inserted: (2) Exchange programs authorized.--The President is authorized to carry out exchange programs with the people of Iran, particularly the young people of Iran. Such programs shall be carried out to the extent practicable in a manner consistent with the eligibility for assistance requirements specified in section 302(b) of the Iran Freedom Support Act (Public Law 109-293; 120 Stat. 1348).

   Inserted: (3) Authorization.--Of the amounts available under the heading "Educational and Cultural Exchange Programs", under the heading "Administration of Foreign Affairs", under title IV of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2321), there are authorized to be appropriated to the President to carry out this section $10,000,000 for fiscal year 2008.

   Inserted: (j) Radio Broadcasting to Iran.--The Broadcasting Board of Governors shall devote a greater proportion of the programming of the Radio Farda service to programs offering news and analysis to further the open communication of information and ideas to Iran.

   Inserted: (k) International Regime for the Assured Supply of Nuclear Fuel for Peaceful Means.--

   Inserted: (1) Sense of congress.--It is the sense of Congress that--

   Inserted: (A) the Concept for a Multilateral Mechanism for Reliable Access to Nuclear Fuel, proposed by the United States, France, the Russian Federation, the Federal Republic of Germany, the United Kingdom, and the Netherlands on May 31, 2006, is welcome and should be expanded upon at the earliest possible opportunity;

   Inserted: (B) the proposal by the Government of the Russian Federation to bring one of its uranium enrichment facilities under international management and oversight is also a welcome development and should be encouraged by the United States;

   Inserted: (C) the offer by the Nuclear Threat Initiative (NTI) of $50,000,000 in funds to support the creation of an international nuclear fuel bank by the International Atomic Energy Agency (IAEA) is also welcome, and the United States and other member states of the IAEA should pledge collectively at least an additional $100,000,000 in matching funds to fulfill the NTI proposal; and

   Inserted: (D) the Global Nuclear Energy Partnership, initiated by President Bush in January 2006, is intended to provide a reliable fuel supply throughout the fuel cycle and promote the nonproliferation goals of the United States.

   Inserted: (2) Policy.--It is the policy of the United States to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under a multilateral authority, such as the International Atomic Energy Agency.

   Inserted: (l) Reporting Requirements.--

   Inserted: (1) Foreign investment in iran.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on--

   Inserted: (A) any foreign investments made in Iran's energy sector since January 1, 2007; and

   Inserted: (B) the determination of the President on whether each such investment qualifies as a sanctionable offense under section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

   Inserted: (2) Investment by united states companies in iran.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall report to the appropriate congressional committees the names of persons that have operations or conduct business in the United States that have invested in Iran and the dollar amount of each such investment.

   Inserted: (3) Investment by federal thrift savings plan in iran.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Executive Director of the Federal Retirement Thrift Investment Board shall report to the appropriate congressional committees on any investment in entities that invest in Iran from the Thrift Savings Fund established under section 8437 of title 5, United States Code.

   Inserted: (4) List of designated foreign terrorist organizations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury shall report to the appropriate congressional committees on the efforts of the Secretary of State and the Secretary of the Treasury to place the Iranian Revolutionary Guards on the list of designated Foreign Terrorist Organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and the list of Specially Designated Global Terrorists under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).

   Inserted: (5) Establishment of international regime.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the activities of the United States to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under a multilateral authority, such as the International Atomic Energy Agency.

   Inserted: (6) Export credits.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of the Treasury shall report to the appropriate congressional committees on any guarantee or extension of credit by foreign banks to persons investing in the energy sector of Iran, and any fines, restrictions, or other actions taken by the President to discourage or prevent such guarantees or extensions of credit.

   Original wording

   At the end of title XII, add the following:

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As printed