[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5193 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5193

  To hold the current regime in Iran accountable for its threatening 
       behavior and to support a transition to democracy in Iran.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2004

Ms. Ros-Lehtinen (for herself, Mr. Lantos, Mr. Berman, and Mr. Chabot) 
 introduced the following bill; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                                 A BILL


 
  To hold the current regime in Iran accountable for its threatening 
       behavior and to support a transition to democracy in Iran.

    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 Freedom Support Act''.

SEC. 2. TABLE OF CONTENTS.

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

Sec. 201. Multilateral regime.
Sec. 202. Imposition of sanctions.
Sec. 203. Termination of sanctions.
Sec. 204. Sunset.
Sec. 205. Clarification and expansion of definitions.
                      TITLE III--DEMOCRACY IN IRAN

Sec. 301. Declaration of Congress regarding United States policy toward 
                            Iran.
Sec. 302. Assistance to support democracy in Iran.
Sec. 303. Sense of Congress regarding designation of democratic 
                            opposition organizations.

            TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN

SEC. 101. CODIFICATION OF SANCTIONS.

    (a) Codification of Sanctions Related to Weapons of Mass 
Destruction.--United States sanctions, controls, and regulations 
relating to weapons of mass destruction with respect to Iran, as in 
effect on the date of enactment of this Act, shall remain in effect, 
until the President certifies to the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate that the Government of Iran has permanently and 
verifiably dismantled its weapons of mass destruction programs and has 
committed to combating the proliferation of such weapons.
    (b) No Effect on Other Sanctions Relating to Support for Acts of 
International Terrorism.--Notwithstanding a certification by the 
President under subsection (a), United States sanctions, controls, and 
regulations 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)) relating to support for acts of international terrorism by the 
Government of Iran, as in effect on the date of the enactment of this 
Act, shall remain in effect.

    TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996

SEC. 201. MULTILATERAL REGIME.

    (a) Reports to Congress.--Section 4(b) of the Iran and Libya 
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as 
follows:
    ``(b) Reports to Congress.--Not later than six months after the 
date of the enactment of the Iran Freedom Support Act and every six 
months thereafter, the President shall submit to the appropriate 
congressional committees a report regarding specific diplomatic efforts 
undertaken pursuant to subsection (a), the results of those efforts, 
and a description of proposed diplomatic efforts pursuant to such 
subsection. Each report shall include--
            ``(1) a list of the countries that have agreed to undertake 
        measures to further the objectives of section 3 with respect to 
        Iran;
            ``(2) a description of those measures, including--
                    ``(A) government actions with respect to public or 
                private entities (or their subsidiaries) located in 
                their territories, that are engaged in Iran;
                    ``(B) any decisions by the governments of these 
                countries to rescind or continue the provision of 
                credits, guarantees, or other governmental assistance 
                to these entities; and
                    ``(C) actions taken in international fora to 
                further the objectives of section 3;
            ``(3) a list of the countries that have not agreed to 
        undertake measures to further the objectives of section 3 with 
        respect to Iran, and the reasons therefor; and
            ``(4) a description of any memorandums of understanding, 
        political understandings, or international agreements to which 
        the United States has acceded which affect implementation of 
        this section or section 5(a).''.
    (b) Waiver.--Section 4(c) of such Act (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--
                    ``(A) such waiver is vital to the national security 
                of the United States; and
                    ``(B) the country of the national has undertaken 
                substantial measures to prevent the acquisition and 
                development of weapons of mass destruction by the 
                Government of Iran.
            ``(2) Subsequent renewal of waiver.--If the President 
        determines that such is appropriate, the President may, at the 
        conclusion of the period of a waiver under paragraph (1), renew 
        such waiver for a subsequent period of not more than six 
        months.''.
    (c) 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.--Upon public or private disclosure of 
        activity related to investment in Iran by a person as described 
        in this Act, the President shall direct the Secretary of the 
        Treasury to initiate an investigation into the possible 
        imposition of sanctions against such person as a result of such 
        activity, to notify such person of such investigation, and to 
        provide a recommendation to the President for such purposes.
            ``(2) Determination and notification.--Not later than 90 
        days after the date of the disclosure of the activity described 
        in paragraph (1), the President shall determine whether or not 
        to impose sanctions against such person as a result of such 
        activity and shall notify the appropriate congressional 
        committees of the basis for such determination.
            ``(3) Publication.--Not later than 10 days after the 
        President notifies the appropriate congressional committees 
        under paragraph (2), the President shall ensure publication in 
        the Federal Register of--
                    ``(A) the identification of the persons against 
                which the President has made a determination that the 
                imposition of sanctions is appropriate, together with 
                an explanation for such determination; and
                    ``(B) the identification of the persons against 
                which the President has made a determination that the 
                imposition of sanctions is not appropriate, together 
                with an explanation for 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--
            (1) in the heading, by striking ``to Iran'' and inserting 
        ``to the Development of Petroleum Resources of Iran'';
            (2) by striking ``(6)'' and inserting ``(5)''; and
            (3) by striking ``with actual knowledge,''.
    (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.--Notwithstanding any 
other provision of law, the President shall impose two or more of the 
sanctions described in paragraphs (1) through (5) 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 the provision of 
which has contributed 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) Persons Against Which the Sanctions Are to Be Imposed.--Section 
5(c)(2) of such Act (50 U.S.C. 1701 note) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) is a private or government lender, insurer, 
                underwriter, re-insurer, or guarantor of the person 
                referred to in paragraph (1) if that private or 
                government lender, insurer, underwriter, re-insurer, or 
                guarantor, with actual knowledge, engaged in the 
                activities referred to in paragraph (1).''.
    (d) Effective Date.--Sanctions imposed pursuant to the amendments 
made by this section shall apply with respect to investments made in 
Iran on or after the date of the enactment of this Act.

SEC. 203. TERMINATION OF SANCTIONS.

    (a) Removal of Libya.--Section 8 of the Iran and Libya Sanctions 
Act 1996 (50 U.S.C. 1701 note) is amended--
            (1) in subsection (a), by striking the subsection 
        designation and heading; and
            (2) by striking subsection (b).
    (b) No Threat Posed.--Such section, as amended by subsection (a), 
is further 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 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--
            (1) in the section heading, by striking ``; sunset'';
            (2) in subsection (a), by striking the subsection 
        designation and heading; and
            (3) by striking subsection (b).

SEC. 205. CLARIFICATION AND EXPANSION OF DEFINITIONS.

    (a) Person.--Section 14(14)(B) of the Iran and Libya Sanctions Act 
of 1996 (50 U.S.C. 1701 note) is amended--
            (1) by inserting after ``trust'' the following: ``, 
        financial institution, insurer, underwriter, re-insurer, 
        guarantor''; and
            (2) by striking ``operating as a business enterprise''.
    (b) Petroleum Resources.--Section 14(15) of the Iran and Libya 
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by inserting 
after ``petroleum'' the following: ``, petroleum by-products,''.

                      TITLE III--DEMOCRACY IN IRAN

SEC. 301. DECLARATION OF CONGRESS REGARDING UNITED STATES POLICY TOWARD 
              IRAN.

    Congress declares that it should be the policy of the United States 
to support independent human rights and pro-democracy forces in Iran.

SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY IN IRAN.

    (a) Authorization.--The President is authorized to provide 
financial and political assistance (including the award of grants) to 
foreign and domestic individuals, organizations, and entities that 
support democracy and the promotion of democracy in Iran and that are 
opposed to the non-democratic Government of Iran. Such assistance may 
include the award of grants to eligible independent pro-democracy radio 
and television broadcasting organizations that broadcast into Iran.
    (b) Eligibility for Assistance.--Financial and political assistance 
under this section may be provided to an individual, organization, or 
entity that--
            (1) officially opposes the use of terrorism;
            (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 National Endowment for Democracy (NED); and
            (2) amounts made available pursuant to the authorization of 
        appropriations under subsection (g).
    (d) 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 Coordination of Policy and 
Appointment.--It is the sense of Congress that in order to ensure 
maximum coordination among Federal agencies, if the President provides 
the assistance under this section, the President should appoint an 
individual who shall--
            (1) serve as special assistant to the President on matters 
        relating to Iran; and
            (2) coordinate among the appropriate directors of the 
        National Security Council on issues regarding such matters.
    (f) Sense of Congress Regarding Diplomatic Assistance.--It is the 
sense of Congress that--
            (1) contacts should be expanded with opposition groups in 
        Iran that meet the criteria under subsection (b);
            (2) support for a transition to democracy in Iran should be 
        expressed by United States representatives and officials in all 
        appropriate international fora;
            (3) representatives of the Government of Iran should be 
        denied access to all United States Government buildings;
            (4) efforts to bring a halt to the nuclear weapons program 
        of Iran, including steps to end the supply of nuclear 
        components or fuel to Iran, should be intensified, with 
        particular attention focused on the cooperation regarding such 
        program--
                    (A) between the Government of Iran and the 
                Government of the Russian Federation; and
                    (B) between the Government of Iran and individuals 
                from China, Malaysia, and Pakistan, including the 
                network of Dr. Abdul Qadeer (A. Q.) Khan; and
            (5) 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.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of State such sums as may be necessary 
to carry out this section.

SEC. 303. SENSE OF CONGRESS REGARDING DESIGNATION OF DEMOCRATIC 
              OPPOSITION ORGANIZATIONS.

    (a) Initial Designation.--It is the sense of Congress that, not 
later than 90 days after the date of the enactment of this Act, the 
President should designate at least one democratic opposition 
organization as eligible to receive assistance under section 302.
    (b) Notification Requirement.--Not later than 15 days before 
designating a democratic opposition organization as eligible to receive 
assistance under section 302, 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 of the proposed designation. 
If the President determines that such is appropriate, such notification 
may be in classified form.
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