II 

109TH CONGRESS 

1ST SESSION S. 1976 

To make amendments to the Iran Nonproliferation Act of 2000. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2005 

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 Nonproliferation Act of 

2000. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Iran Nonproliferation 

5 Enforcement Act of 2005’’. 

6 SEC. 2. SANCTIONS APPLICABLE UNDER THE IRAN NON7 PROLIFERATION ACT OF 2000. 

8 (a) APPLICATION OF CERTAIN MEASURES.—Section 

9 3 of the Iran Nonproliferation Act of 2000 (50 U.S.C. 

10 1701 note) is amended— 
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1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) APPLICATION OF MEASURES.—Subject to sec4 tions 4 and 5, the President shall apply, for a period of 

5 not less than 2 years, the measures described in subsection 

6 (b) with respect to— 

7 ‘‘(1) each foreign person identified in a report 

8 submitted pursuant to section 2(a); 

9 ‘‘(2) all successors, subunits, and subsidiaries of 

10 each such foreign person; and 

11 ‘‘(3) any entity (if operating as a business en12 terprise) that owns more than 50 percent of, or con13 trols in fact, any such foreign person and any suc14 cessors, subunits, and subsidiaries of such entity.’’; 

15 (2) in subsection (b)— 

16 (A) by amending paragraph (1) to read as 

17 follows: 

18 ‘‘(1) EXECUTIVE ORDER NO. 12938 PROHIBI19 TIONS.—The measures set forth in subsections (b), 

20 (c), and (d) of section 4 of Executive Order 12938.’’; 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘to that foreign per23 son’’; and 

24 (ii) by striking ‘‘to that person’’; 
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1 (C) in paragraph (3), by striking ‘‘to that 

2 person’’; and 

3 (D) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(4) INVESTMENT PROHIBITION.—Prohibition 

6 of any new investment by a United States person in 

7 property, including entities, owned or controlled 

8 by— 

9 ‘‘(A) that foreign person; 

10 ‘‘(B) any entity (if operating as a business 

11 enterprise) that owns more than 50 percent of, 

12 or controls in fact, such foreign person; or 

13 ‘‘(C) any successor, subunit, or subsidiary 

14 of such entity. 

15 ‘‘(5) FINANCING PROHIBITION.—Prohibition of 

16 any approval, financing, or guarantee by a United 

17 States person, wherever located, of a transaction 

18 by— 

19 ‘‘(A) that foreign person; 

20 ‘‘(B) any entity (if operating as a business 

21 enterprise) that owns more than 50 percent of, 

22 or controls in fact, such foreign person; or 

23 ‘‘(C) any successor, subunit, or subsidiary 

24 of such entity. 
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1 ‘‘(6) FINANCIAL ASSISTANCE PROHIBITION.— 

2 Denial by the United States Government of any 

3 credit, credit guarantees, grants, or other financial 

4 assistance by any department, agency, or instrumen5 tality of the United States Government to— 

6 ‘‘(A) that foreign person; 

7 ‘‘(B) any entity (if operating as a business 

8 enterprise) that owns more than 50 percent of, 

9 or controls in fact, such foreign person; and 

10 ‘‘(C) any successor, subunit, or subsidiary 

11 of such entity.’’; and 

12 (3) by amending subsection (d) to read as fol13 lows: 

14 ‘‘(d) PUBLICATION IN FEDERAL REGISTER.— 

15 ‘‘(1) IN GENERAL.—The application of meas16 ures pursuant to subsection (a) shall be announced 

17 by notice published in the Federal Register. 

18 ‘‘(2) CONTENT.—Each notice published pursu19 ant to paragraph (1) shall include the name and ad20 dress (where known) of each person or entity to 

21 whom measures have been applied pursuant to sub22 section (a).’’. 

23 (b) NATIONAL SECURITY WAIVER.—Section 4 of 

24 such Act is amended to read as follows: 
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1 ‘‘SEC. 4. WAIVER ON BASIS OF NATIONAL SECURITY. 

2 ‘‘(a) IN GENERAL.—The President may waive the im3 position of any sanction that would otherwise be required 

4 under section 3 on any person or entity 15 days after the 

5 President determines and reports to the Committee on 

6 International Relations of the House of Representatives 

7 and the Committee on Foreign Relations of the Senate 

8 that such waiver is essential to the national security of 

9 the United States. 

10 ‘‘(b) WRITTEN JUSTIFICATION.—The determination 

11 and report of the President under subsection (a) shall in12 clude a written justification— 

13 ‘‘(1) describing in detail the circumstances and 

14 rationale supporting the President’s conclusion that 

15 the waiver is essential to the national security of the 

16 United States; and 

17 ‘‘(2) identifying— 

18 ‘‘(A) the name and address (where known) 

19 of the person or entity to whom the waiver is 

20 applied pursuant to subsection (a); 

21 ‘‘(B) the specific goods, services, or tech22 nologies, the transfer of which would have re23 quired the imposition of measures pursuant to 

24 section 3 if the President had not invoked the 

25 waiver authority under subsection (a); and 
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1 ‘‘(C) the name and address (where known) 

2 of the recipient of such transfer. 

3 ‘‘(c) FORM.—The written justification shall be sub4 mitted in unclassified form, but may contain a classified 

5 annex.’’. 

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