109th CONGRESS
2d Session
S. 2279
To make amendments to the Iran and Syria Nonproliferation Act.
IN THE SENATE OF THE UNITED STATES
February 14, 2006
Mr. FEINGOLD (for himself and Mr. KYL) introduced the following bill; which
was read twice and referred to the Committee on Foreign Relations
A BILL
To make amendments to the Iran and Syria Nonproliferation Act.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Iran and Syria Nonproliferation Enforcement
Act of 2006'.
SEC. 2. SANCTIONS APPLICABLE UNDER THE IRAN NONPROLIFERATION ACT OF 2000.
(a) Application of Certain Measures- Section 3 of the Iran and Syria Nonproliferation
Act (50 U.S.C. 1701 note) is amended--
(1) by amending subsection (a) to read as follows:
`(a) Application of Measures- Subject to sections 4 and 5, the President
shall apply, for a period of not less than 2 years, the measures described
in subsection (b) with respect to--
`(1) each foreign person identified in a report submitted pursuant to
section 2(a);
`(2) all successors, subunits, and subsidiaries of each such foreign person;
and
`(3) any entity (if operating as a business enterprise) that owns more
than 50 percent of, or controls in fact, any such foreign person and any
successors, subunits, and subsidiaries of such entity.';
(A) by amending paragraph (1) to read as follows:
`(1) EXECUTIVE ORDER NO. 12938 PROHIBITIONS- The measures set forth in
subsections (b), (c), and (d) of section 4 of Executive Order 12938.';
(i) by striking `to that foreign person'; and
(ii) by striking `to that person';
(C) in paragraph (3), by striking `to that person'; and
(D) by adding at the end the following new paragraphs:
`(4) INVESTMENT PROHIBITION- Prohibition of any new investment by a United
States person in property, including entities, owned or controlled by--
`(A) that foreign person;
`(B) any entity (if operating as a business enterprise) that owns more
than 50 percent of, or controls in fact, such foreign person; or
`(C) any successor, subunit, or subsidiary of such entity.
`(5) FINANCING PROHIBITION- Prohibition of any approval, financing, or
guarantee by a United States person, wherever located, of a transaction
by--
`(A) that foreign person;
`(B) any entity (if operating as a business enterprise) that owns more
than 50 percent of, or controls in fact, such foreign person; or
`(C) any successor, subunit, or subsidiary of such entity.
`(6) FINANCIAL ASSISTANCE PROHIBITION- Denial by the United States Government
of any credit, credit guarantees, grants, or other financial assistance
by any department, agency, or instrumentality of the United States Government
to--
`(A) that foreign person;
`(B) any entity (if operating as a business enterprise) that owns more
than 50 percent of, or controls in fact, such foreign person; and
`(C) any successor, subunit, or subsidiary of such entity.'; and
(3) by amending subsection (d) to read as follows:
`(d) Publication in Federal Register-
`(1) IN GENERAL- The application of measures pursuant to subsection (a)
shall be announced by notice published in the Federal Register.
`(2) CONTENT- Each notice published pursuant to paragraph (1) shall include
the name and address (where known) of each person or entity to whom measures
have been applied pursuant to subsection (a).'.
(b) National Security Waiver- Section 4 of such Act is amended to read as
follows:
`SEC. 4. WAIVER ON BASIS OF NATIONAL SECURITY.
`(a) In General- The President may waive the imposition of any sanction
that would otherwise be required under section 3 on any person or entity
15 days after the President determines and reports to the Committee on International
Relations of the House of Representatives and the Committee on Foreign Relations
of the Senate that such waiver is essential to the national security of
the United States.
`(b) Written Justification- The determination and report of the President
under subsection (a) shall include a written justification--
`(1) describing in detail the circumstances and rationale supporting the
President's conclusion that the waiver is essential to the national security
of the United States; and
`(A) the name and address (where known) of the person or entity to whom
the waiver is applied pursuant to subsection (a);
`(B) the specific goods, services, or technologies, the transfer of
which would have required the imposition of measures pursuant to section
3 if the President had not invoked the waiver authority under subsection
(a); and
`(C) the name and address (where known) of the recipient of such transfer.
`(c) Form- The written justification shall be submitted in unclassified
form, but may contain a classified annex.'.
END
