IB
Union Calendar No. 217
111th CONGRESS
1st Session
H. R. 2194
[Report No. 111–342, Part I]
IN THE HOUSE OF REPRESENTATIVES
April 30, 2009
Mr. Berman (for himself, Ms. Ros-Lehtinen, Mr. Ackerman, Mr. Burton of Indiana, Mr. Sherman, Mr. Royce, Mr. Andrews, and Mr. Kirk) 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, 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
November 19, 2009
Reported from the Committee on Foreign Affairs with an amendment
Strike out all after the enacting clause and insert the part printed in italic
November 19, 2009
Referral to the Committees on Financial Services, Oversight and Government Reform, and Ways and Means extended for a period ending not later than December 4, 2009
December 4, 2009
Committees on Financial Services and Oversight and Government Reform discharged; referral to the Committee on Ways and Means extended for a period ending not later than December 11, 2009
December 11, 2009
Additional sponsors: Mr. Klein of Florida, Ms. Harman, Mr. Wexler, Mr. Engel, Ms. Wasserman Schultz, Mr. Hastings of Florida, Mr. McMahon, Mr. Bilirakis, Mr. McHugh, Mr. Meek of Florida, Mr. McCotter, Mr. Gary G. Miller of California, Mr. Hodes, Mr. Smith of New Jersey, Mr. Platts, Mrs. Lowey, Mr. Rooney, Mr. Gene Green of Texas, Mr. LaTourette, Mr. Marchant, Mr. Gerlach, Mr. Bishop of Utah, Mr. Souder, Mr. Paulsen, Mr. Sullivan, Mr. Gordon of Tennessee, Mr. Tiberi, Mr. Culberson, Mr. King of New York, Mr. Quigley, Mr. Baca, Mrs. Myrick, Mr. Poe of Texas, Mr. Filner, Mr. Moran of Kansas, Mr. Buchanan, Ms. Foxx, Mrs. Miller of Michigan, Mr. Lamborn, Mrs. Schmidt, Mr. LoBiondo, Ms. Fallin, Mr. Sensenbrenner, Mr. Bachus, Mr. Dent, Mr. Cooper, Mr. Waxman, Mr. Pallone, Mr. Garrett of New Jersey, Mr. Schiff, Mr. Scalise, Mr. Grayson, Mr. Holden, Ms. Schwartz, Mr. Inglis, Mr. Mitchell, Mr. Blunt, Mr. Gallegly, Mrs. Napolitano, Mr. Barrow, Mr. Jackson of Illinois, Mr. Reichert, Mr. Mack, Mr. Kagen, Mr. Nadler of New York, Mr. Alexander, Mr. Higgins, Mr. Cole, Ms. Bean, Mr. Sires, Mr. Adler of New Jersey, Mr. Upton, Mr. Lance, Mr. Latta, Ms. Giffords, Mr. Rush, Mr. Connolly of Virginia, Mr. Aderholt, Mr. DeFazio, Mr. Hare, Mr. Smith of Nebraska, Mr. Luetkemeyer, Mr. Ryan of Wisconsin, Mr. Shuler, Mrs. Bono Mack, Mr. Crowley, Mr. Ross, Ms. Berkley, Mr. Boren, Mr. Rothman of New Jersey, Ms. Ginny Brown-Waite of Florida, Mr. Maffei, Mr. Daniel E. Lungren of California, Mr. Roe of Tennessee, Mr. Melancon, Mr. McHenry, Mr. Heinrich, Mr. Olson, Mr. Boozman, Mr. Cantor, Mrs. Kirkpatrick of Arizona, Mr. Cohen, Mr. Van Hollen, Mr. Space, Mr. Guthrie, Mr. Lucas, Mr. Lipinski, Mr. Michaud, Mr. Patrick J. Murphy of Pennsylvania, Mr. Rogers of Alabama, Mr. Fleming, Mr. Neugebauer, Mr. Levin, Mr. Boswell, Mr. Sam Johnson of Texas, Mr. Hill, Mr. Tiahrt, Mrs. McMorris Rodgers, Mr. Cardoza, Mr. Costa, Ms. Eshoo, Mr. Carney, Mr. Perlmutter, Mr. Wilson of South Carolina, Mr. Rehberg, Mr. Larson of Connecticut, Mr. Griffith, Mr. Bishop of New York, Mr. Davis of Tennessee, Ms. Granger, Mr. Carter, Mr. Roskam, Mr. Price of Georgia, Mr. Wilson of Ohio, Mr. Davis of Alabama, Mr. Visclosky, Mr. Boyd, Mr. Cleaver, Mr. Frelinghuysen, Mr. Himes, Mr. Tim Murphy of Pennsylvania, Mr. McNerney, Mr. Latham, Mr. Lincoln Diaz-Balart of Florida, Mr. Rogers of Michigan, Mr. Rodriguez, Mr. Arcuri, Mr. Kratovil, Mr. Shuster, Mr. Chaffetz, Mr. Austria, Mr. Thompson of Pennsylvania, Mrs. McCarthy of New York, Mr. Forbes, Mr. Brady of Pennsylvania, Mr. Coffman of Colorado, Mr. Young of Alaska, Mr. Moore of Kansas, Mr. Boccieri, Mr. Deal of Georgia, Mr. Brown of South Carolina, Mr. Putnam, Mr. Foster, Ms. Titus, Mr. Shadegg, Mr. Smith of Washington, Mr. Walden, Mr. Graves, Mr. Peters, Mr. Pitts, Mr. Broun of Georgia, Mr. Cassidy, Mr. Franks of Arizona, Mr. Schauer, Mr. Bonner, Mr. Driehaus, Mr. Sessions, Mr. Stearns, Mrs. Biggert, Ms. Matsui, Mr. Markey of Massachusetts, Mr. McKeon, Mr. Wittman, Mr. Pence, Mr. Kildee, Mr. Massa, Mr. Miller of Florida, Mr. Johnson of Illinois, Mr. Yarmuth, Mr. Wu, Mr. McClintock, Mr. King of Iowa, Ms. Schakowsky, Mr. McCaul, Mr. Campbell, Mr. Donnelly of Indiana, Mr. Fattah, Ms. Fudge, Mr. Hoyer, Mr. Johnson of Georgia, Mr. Welch, Mr. McCarthy of California, Mr. Conaway, Mr. Hensarling, Ms. Loretta Sanchez of California, Mr. Israel, Mr. Salazar, Mr. Mario Diaz-Balart of Florida, Mr. Wolf, Mr. Simpson, Mr. Herger, Mr. Westmoreland, Mr. Bilbray, Mrs. Maloney, Mrs. Halvorson, Mr. Hastings of Washington, Mr. Coble, Mr. Carnahan, Mr. Polis of Colorado, Mr. Nunes, Mr. Manzullo, Mr. Courtney, Mr. Posey, Mrs. Emerson, Ms. Jenkins, Mr. Brady of Texas, Mr. Shimkus, Mr. Linder, Mr. Barrett of South Carolina, Ms. Markey of Colorado, Ms. Kosmas, Mr. Miller of North Carolina, Mr. Gohmert, Mr. Bishop of Georgia, Mr. Stupak, Mr. Cao, Mr. Langevin, Mr. Farr, Mr. Altmire, Mr. Calvert, Mrs. Blackburn, Mr. Terry, Mr. Minnick, Mr. Bartlett, Mr. Kline of Minnesota, Ms. Corrine Brown of Florida, Ms. Sutton, Mr. Hoekstra, Ms. Linda T. Sánchez of California, Mr. Sarbanes, Mr. Schock, Mr. Fortenberry, Mr. Hunter, Mr. Wamp, Mr. Honda, Mr. Issa, Mr. Smith of Texas, Mr. Jordan of Ohio, Mrs. Capito, Mr. Kennedy, Mr. Scott of Georgia, Mr. Rogers of Kentucky, Mr. Marshall, Mr. Al Green of Texas, Mr. Buyer, Mr. Kingston, Mr. Young of Florida, Mr. Weiner, Mr. Gingrey of Georgia, Mrs. Bachmann, Mr. Lee of New York, Ms. Slaughter, Mr. Mica, Mr. Turner, Mr. Ryan of Ohio, Mr. Skelton, Mr. Hall of New York, Mr. Larsen of Washington, Mr. Pascrell, Ms. DeLauro, Ms. DeGette, Mr. Rohrabacher, Mr. Cummings, Mr. Crenshaw, Mr. Bright, Ms. Kilroy, Mr. Chandler, Mr. Walz, Mr. Childers, Mr. Goodlatte, Mr. Gonzalez, Mr. Capuano, Mr. Ellsworth, Ms. Chu, Mr. Costello, Mr. Murphy of Connecticut, Mr. Doyle, Mr. Clay, Mr. Thompson of California, Mr. Tonko, Mr. Davis of Illinois, Mr. Matheson, Mr. Murphy of New York, Mr. Etheridge, Mr. Heller, Mr. Schrader, Ms. Castor of Florida, Mr. Castle, Mr. Payne, Mr. Kissell, Ms. Roybal-Allard, Mr. Gutierrez, Mr. Harper, Mrs. Davis of California, Mr. Nye, Ms. Tsongas, Mr. Teague, Mr. Grijalva, Mr. Towns, Mr. Boustany, Mr. Lewis of Georgia, Mr. Ruppersberger, Mr. Barton of Texas, Mr. Edwards of Texas, Mr. Tanner, Ms. Jackson-Lee of Texas, Mr. Frank of Massachusetts, Mr. Boehner, Mr. Radanovich, Mr. Lewis of California, Ms. Herseth Sandlin, Ms. Clarke, Ms. Speier, Ms. Richardson, Mr. Spratt, and Mr. Holt
December 11, 2009
Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on April 30, 2009
A BILL
To amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran.
Short title
This Act may be cited as the Iran Refined Petroleum Sanctions Act of 2009
.
Findings; sense of Congress; statement of policy
Findings
Congress finds the following:
The illicit nuclear activities of the Government of Iran—combined with its development of unconventional weapons and ballistic missiles, and support for international terrorism—represent a serious threat to the security of the United States and U.S. allies in Europe, the Middle East, and around the world.
The United States and other responsible nations have a vital interest in working together to prevent the Government of Iran from acquiring a nuclear weapons capability.
The International Atomic Energy Agency has repeatedly called attention to Iran’s unlawful nuclear activities, and, as a result, the United Nations Security Council has adopted a range of sanctions designed to encourage the Government of Iran to suspend those activities and comply with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons (commonly known as the Nuclear Non-Proliferation Treaty
).
As a presidential candidate, then-Senator Obama stated that additional sanctions, especially those targeting Iran’s dependence on imported refined petroleum, may help to persuade the Government of Iran to abandon its illicit nuclear activities.
On October 7, 2008, then-Senator Obama stated, Iran right now imports gasoline, even though it’s an oil producer, because its oil infrastructure has broken down. If we can prevent them from importing the gasoline that they need and the refined petroleum products, that starts changing their cost-benefit analysis. That starts putting the squeeze on them.
.
On June 4, 2008, then-Senator Obama stated, We should work with Europe, Japan, and the Gulf states to find every avenue outside the U.N. to isolate the Iranian regime—from cutting off loan guarantees and expanding financial sanctions, to banning the export of refined petroleum to Iran.
.
Major European allies, including the United Kingdom, France, and Germany, have advocated that sanctions be significantly toughened should international diplomatic efforts fail to achieve verifiable suspension of Iran’s uranium enrichment program and an end to its nuclear weapons program and other illicit nuclear activities.
The serious and urgent nature of the threat from Iran demands that the United States work together with U.S. allies to do everything possible—diplomatically, politically, and economically—to prevent Iran from acquiring a nuclear weapons capability.
The human rights situation in Iran has steadily deteriorated in 2009, as punctuated by the transparent fraud that occurred on June 12, the brutal repression and murder, arbitrary arrests, and show trials of peaceful dissidents, and ongoing suppression of freedom of expression.
Sense of Congress
It is the sense of the Congress that—
international diplomatic efforts to address Iran’s illicit nuclear efforts, unconventional and ballistic missile development programs, and support for international terrorism are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the Government of Iran;
the concerns of the United States regarding Iran are strictly the result of the actions of the Government of Iran;
the revelation in September 2009 that Iran is developing a secret uranium enrichment site on an Islamic Revolutionary Guard Corps base near Qom, which appears to have no civilian application, highlights the urgency for Iran to fully disclose the full nature of its nuclear program, including any other secret locations, and provide the International Atomic Energy Agency (IAEA) unfettered access to its facilities pursuant to Iran’s legal obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and Iran’s Safeguards Agreement with the IAEA;
because of its involvement in Iran’s nuclear program and other destabilizing activities, the President should impose sanctions, including the full range of sanctions otherwise applicable to Iran, on any individual or entity that is an agent, alias, front, instrumentality, representative, official, or affiliate of the Islamic Revolutionary Guard Corps or is an individual serving as a representative of the Islamic Revolutionary Guard Corps, or on any person that has conducted any commercial transaction or financial transaction with such entities;
Government to Government agreements with Iran to provide the regime with refined petroleum products, such as the September 2009 agreement under which the Government of Venezuela committed to provide 20,000 barrels of gasoline per day to Iran, undermine efforts to pressure Iran to suspend its nuclear weapons program and cease all enrichment activities; and
the people of the United States—
have feelings of friendship for the people of Iran; and
hold the people of Iran, their culture, and their ancient and rich history in the highest esteem.
Statement of policy
It shall be the policy of the United States—
to prevent Iran from achieving the capability to make nuclear weapons, including by supporting international diplomatic efforts to halt Iran’s uranium enrichment program;
to fully implement and enforce the Iran Sanctions Act of 1996 as a means of encouraging foreign governments to—
direct state-owned entities to cease all investment in, and support of, Iran’s energy sector and all exports of refined petroleum products to Iran; and
require private entities based in their territories to cease all investment in, and support of, Iran’s energy sector and all exports of refined petroleum products to Iran;
to impose sanctions on—
the Central Bank of Iran, and any other financial institution in Iran that is engaged in proliferation activities or support of terrorist groups, and
any other financial institution that conducts financial transactions with the Central Bank of Iran or with another financial institution described in subparagraph (A),
to persuade the allies of the United States and other countries to take appropriate measures to deny access to the international financial system by Iranian banks and financial institutions involved in proliferation activities or support of terrorist groups;
to support all Iranian citizens who embrace the values of freedom, human rights, civil liberties, and the rule of law; and
for the Secretary of State to make every effort to assist United States citizens held hostage in Iran at any time during the period beginning on November 4, 1979 and ending on January 20, 1981, and their survivors in matters of compensation related to such citizens’ detention.
Amendments to the Iran Sanctions Act of 1996
Expansion of sanctions
Section 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows:
Sanctions with respect to the development of petroleum resources of Iran and exportation of refined petroleum to Iran
Development of petroleum resources of Iran
Investment
Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6(a) if the President determines that a person has knowingly, on or after the date of the enactment of this Act, made an investment of $20,000,000 or more (or any combination of investments of at least $5,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran’s ability to develop petroleum resources of Iran.
Production of refined petroleum products
Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) if the President determines that a person knowingly sells, leases, or provides to Iran any goods, services, technology, information, or support, or enters into a contract to sell, lease, or provide to Iran any goods, services, technology, information, or support, that would allow Iran to maintain or expand its domestic production of refined petroleum products, including any assistance in the construction, modernization, or repair of refineries that make refined petroleum products, if—
the value of the goods, services, technology, information, or support provided in such sale, lease, or provision, or to be provided in such contract, exceeds $200,000; or
the value of the goods, services, technology, information, or support provided in any combination of such sales, leases, or provision in any 12-month period, or to be provided under contracts entered into in any 12-month period, exceeds $500,000.
Exportation of refined petroleum products to Iran
In general
Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) if the President determines that a person knowingly provides Iran with refined petroleum products or engages in any of the activities described in subparagraph (B), if—
the value of such products or of the goods, services, technology, information, or support provided or to be provided in connection with such activity exceeds $200,000; or
the value of such products, or of the goods, services, technology, information, or support, provided or to be provided in connection with any combination of providing such products or such activities, in any 12-month period exceeds $500,000.
Activities described
The activities referred to in subparagraph (A) are the following:
Providing ships, vehicles, or other means of transportation to deliver refined petroleum products to Iran, or providing services relating to the shipping or other transportation of refined petroleum products to Iran.
Underwriting or otherwise providing insurance or reinsurance for an activity described in clause (i).
Financing or brokering an activity described in clause (i).
.
Description of sanctions
Section 6 of such Act is amended—
by striking The sanctions to be imposed on a sanctioned person under section 5 are as follows:
and inserting the following:
In general
The sanctions to be imposed on a sanctioned person under subsections (a)(1)(A) and (b)(1) of section 5 are as follows:
;
in paragraph (4), by striking section 5
each place it appears and inserting subsections (a)(1)(A) and (b) of section 5
; and
by adding at the end the following:
Additional mandatory sanctions
The sanctions to be imposed on a sanctioned person under paragraphs (1)(B) and (2) of section 5(a) are as follows:
Foreign exchange
The President shall prohibit any transactions in foreign exchange by the sanctioned person.
Banking transactions
The President shall prohibit any transfers of credit or payments between, by, through, or to any financial institution, to the extent that such transfers or payments involve any interest of the sanctioned person.
Property transactions
The President shall prohibit any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation, or exportation of, dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which the sanctioned person has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States.
Additional measure relating to refined petroleum products
In general
The head of each executive agency shall ensure that each contract with a person entered into by such executive agency for the procurement of goods or services, or agreement for the use of Federal funds as part of a grant, loan, or loan guarantee to a person, includes a clause that requires the person to certify to the contracting officer or other appropriate official of such agency that the person does not conduct any activity described in paragraph (1)(B) or (2) of section 5(a).
Remedies
In general
If the head of the executive agency determines that such 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 an executive agency may terminate a contract, or agreement described in paragraph (1), with such person or debar or suspend such person from eligibility for Federal contracts or such agreements for a period not to exceed 15 years.
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 under section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) each person that is debarred, suspended, proposed for debarment or suspension, or declared ineligible by the head of an executive agency on the basis of a determination of a false certification under subparagraph (A).
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).
Implementation Through the Federal Acquisition Regulation
Not later than 120 days after the date of the enactment of the Iran Refined Petroleum Sanctions Act of 2009, the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) shall be revised to provide for the implementation of the requirements of this subsection.
.
Additional Mandatory Sanctions Relating to Transfer of Nuclear Technology
Section 5(b) of the Iran Sanctions Act of 1996 is amended—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such paragraphs 2 ems to the right;
by striking The President shall impose
and inserting the following:
In general
The President shall impose
;
by striking section 6
and inserting section 6(a)
; and
by adding at the end the following:
Additional sanction
Restriction
In any case in which a person is subject to sanctions under paragraph (1) because of an activity described in such paragraph that relates to the acquisition or development of nuclear weapons or related technology or of missiles or other advanced conventional weapons that are capable of delivering a nuclear weapon, then notwithstanding any other provision of law, the following measures shall apply with respect to the country that has jurisdiction over such person, unless the President determines and notifies the appropriate congressional committees that the government of such country has taken, or is taking, effective actions to penalize such person and to prevent a reoccurrence of such activity in the future:
No agreement for cooperation between the United States and the government of such country may be submitted to the President or to Congress pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), or may enter into force.
No license may be issued for the export, and no approval may be given for the transfer or retransfer, directly or indirectly, to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to an agreement to cooperation.
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 laws.
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)).
.
Strengthening of waiver authority and sanctions implementation
Investigations
Section 4(f) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—
in paragraph (1)—
by striking should initiate
and inserting shall immediately initiate
;
by inserting or 5(b)
after section 5(a)
; and
by striking as described in such section
and inserting as described in section 5(a)(1) or other activity described in section 5(a)(2) or 5(b) (as the case may be)
; and
in paragraph (2), by striking should determine, pursuant to section 5(a), if a person has engaged in investment activity in Iran as described in such section
and inserting shall determine, pursuant to section 5(a) or (b) (as the case may be), if a person has engaged in investment activity in Iran as described in section 5(a)(1) or other activity described in section 5(a)(2) or 5(b) (as the case may be)
.
General Waiver Authority
Section 9(c) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—
in paragraph (1)—
by inserting after on a person described in section 5(c),
the following: or on a country described in section 5(b)(2)(A) (if the President certifies to the appropriate congressional committees that the President is unable to make the determination described in such section 5(b)(2)(A) with respect to the government of that country),
; and
by striking important to the national interest of the United States
and inserting vital to the national security interest of the United States
; and
in paragraph (2)—
in subparagraphs (A), (B), and (D), by striking or (b)
each place it appears and inserting or (b)(1)
; and
by amending subparagraph (C) to read as follows:
an estimate of the significance of the provision of the items described in paragraph (1) or (2) of section 5(a) or section 5(b)(1) to Iran’s ability to develop its petroleum resources, to maintain or expand its domestic production of refined petroleum products, to import refined petroleum products, or to develop its weapons of mass destruction or other military capabilities (as the case may be); and
.
Reports on United States efforts To curtail certain business and other transactions relating to Iran
Section 10 of such Act is amended—
in subsection (a), by amending paragraph (4) to read as follows:
Iran’s use in the Middle East, the Western Hemisphere, Africa, and other regions, of Iranian diplomats and representatives of other government and military or quasi-governmental institutions or proxies of Iran, including, but not limited to, Hezbollah, to promote acts of international terrorism or to develop or sustain Iran’s nuclear, chemical, biological, and missile weapons programs.
; and
by adding at the end the following:
Reports on certain business and other transactions relating to Iran
In general
Not later than 90 days after the date of the enactment of the Iran Refined Petroleum Sanctions Act of 2009, and every 6 months thereafter, the President shall submit a report to the appropriate congressional committees regarding any person who has—
provided Iran with refined petroleum products;
sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum products; or
engaged in any activity that could contribute to the enhancement of Iran’s ability to import refined petroleum products.
Description
For each activity set forth in subparagraphs (A) through (C) of paragraph (1), the President shall provide a complete and detailed description of such activity, including—
the date or dates of such activity;
the name of any persons who participated or invested in or facilitated such activity;
the United States domiciliary of the persons referred to in subparagraph (B);
any Federal Government contracts to which the persons referred to in subparagraph (B) are parties; and
the steps taken by the United States to respond to such activity.
Additional information
The report required by this subsection shall also include a list of—
any person that the President determines is an agent, alias, front, instrumentality, representative, official, or affiliate of the Islamic Revolutionary Guard Corps or is an individual serving as a representative of the Islamic Revolutionary Guard Corps;
any person that the President determines has knowingly provided material support to the Islamic Revolutionary Guard Corps or an agent, alias, front, instrumentality, representative, official, or affiliate of the Islamic Revolutionary Guard Corps; and
any person who has conducted any commercial transaction or financial transaction with the Islamic Revolutionary Guards Corps or an agent, alias, front, instrumentality, representative, official, or affiliate of the Islamic Revolutionary Guard Corps.
Form of reports; publication
The reports required under this subsection shall be—
submitted in unclassified form, but may contain a classified annex; and
published in the Federal Register.
Reports on global trade relating to Iran
Not later than one year after the date of the enactment of the Iran Refined Petroleum Sanctions Act of 2009 and annually thereafter, the President shall submit to the appropriate congressional committees a report, with respect to the immediately preceding 12-month period, on the dollar value amount of trade, including in the energy sector, between Iran and each country maintaining membership in the Group of Twenty Finance Ministers and Central Bank Governors.
.
Clarification and expansion of definitions
Section 14 of such Act is amended—
in paragraph (13)(B)—
by inserting financial institution, insurer, underwriter, guarantor, any other business organization, including any foreign subsidiary, parent, or affiliate of such a business organization,
after trust,
; and
by inserting , such as an export credit agency
before the semicolon at the end;
by redesignating paragraphs (15) and (16) as paragraphs (17) and (18), respectively; and
by striking paragraph (14) and inserting the following:
Knowingly
The term knowingly
means—
having actual knowledge; or
having the constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances.
Petroleum resources
The term petroleum resources
includes petroleum, oil or liquefied natural gas, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or compressed or liquefied natural gas.
Refined petroleum products
The term refined petroleum products
means gasoline, kerosene, diesel fuel, residual fuel oil, and distillates and other goods classified in headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States.
.
Termination of certain provisions
Section 8 of the Iran Sanctions Act of 1996 is amended—
by striking The requirement under section 5(a)
and inserting (a) Sanctions relating to investment.—The requirement under section 5(a)(1)(A)
;
by striking with respect to Iran
; and
by adding at the end the following:
Refined petroleum products
The requirements under paragraphs (1)(B) and (2) of section 5(a) and section 6(b) to impose sanctions shall no longer have force or effect if the President determines and certifies to the appropriate congressional committees that Iran—
has ceased its efforts to design, develop, manufacture, or acquire a nuclear explosive device or related materials and technology; and
has ceased nuclear-related activities, including uranium enrichment, that would facilitate the efforts described in paragraph (1).
.
Extension of Act
Section 13(b) of the Iran Sanctions Act of 1996 is amended by striking 2011
and inserting 2016
.
Technical amendments
Multilateral regime
Section 4 of such Act is amended—
in subsection (b)(2), by striking (in addition to that provided in subsection (d))
; and
by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
Reference to committee on foreign affairs
Section 14(2) of such Act is amended by striking International Relations
and inserting Foreign Affairs
.
Conforming amendments
Section 5(c)(1) of such Act is amended by striking or (b)
and inserting or (b)(1)
.
Section 9(a) of such Act is amended by striking or 5(b)
each place it appears and inserting or 5(b)(1)
.
Effective date; rule of construction
In general
The amendments made by this Act shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act, except that—
paragraphs (1) and (2) of section 5(a), section 5(b)(2), and section 6(b), of the Iran Sanctions Act of 1996, as amended by this Act, shall apply to conduct engaged in on or after October 28, 2009, notwithstanding section 5(f)(3) of the Iran Sanctions Act of 1996; and
the amendments made by subsection (d) of section 3 of this Act shall apply with respect to conduct engaged in before, on, or after the date of the enactment of this Act.
Rule of construction
Existing sanctions not affected
The amendments made by subsections (a) and (b) of section 3 of this Act shall not be construed to affect the requirements of section 5(a) of the Iran Sanctions Act of 1996 as in effect before the date of the enactment of this Act, and such requirements continue to apply, on and after such date of enactment, to conduct engaged in before October 28, 2009.
Waiver authority
The amendments made by subsection (d) of section 3 of this Act shall not be construed to affect any exercise of the authority under section 4(f) or section 9(c) of the Iran Sanctions Act of 1996 as in effect on the day before the date of the enactment of this Act.
December 11, 2009
Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
