[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 333 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 333

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2005

 Mr. Santorum introduced the following bill; which was read twice and 
             referred to the Committee on Foreign 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 and Support Act of 
2005''.

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. Findings.
Sec. 302. Declaration of Congress regarding United States policy toward 
                            Iran.
Sec. 303. Assistance to support democracy in Iran.
Sec. 304. Reporting requirement 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 the 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.--
            (1) In general.--Notwithstanding a certification by the 
        President under subsection (a), United States sanctions, 
        controls, and regulations described in paragraph (2) as in 
        effect on the date of the enactment of this Act shall remain in 
        effect.
            (2) Covered sanctions.--The sanctions, controls, and 
        regulations referred to in paragraph (1) are sanctions, 
        controls, and regulations related to determinations under 
        section 6(j)(1)(A) of the Export Administration Act of 1979 (as 
        in effect pursuant to the International Emergency Economic 
        Powers Act; 50 U.S.C. 1701 et seq.), section 620A(a) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), and section 
        40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) 
        regarding support by the Government of Iran for acts of 
        international terrorism.

    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 and Support Act of 2005 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(a);
            ``(2) a description of those measures, including--
                    ``(A) government actions with respect to public or 
                private entities (or their subsidiaries) located in 
                their countries that are engaged in business in Iran;
                    ``(B) any decisions by the governments of such 
                countries to rescind or continue the provision of 
                credits, guarantees, or other governmental assistance 
                to such 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 a renewal of a waiver 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.''.

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 the Iran Freedom and Support Act of 2005, 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) Investigations.--Section 5 of such Act (50 U.S.C. 1701 note) is 
further amended by adding at the end the following new subsection:
    ``(g) Investigations.--
            ``(1) In general.--Upon public or private disclosure of 
        activity related to investment in Iran by a person, 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.''.
    (e) 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 Sanctions.--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) Additional Condition for Removal of Iran Sanctions.--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 ``includes petroleum'' the following: ``, petroleum by-
products,''.

                      TITLE III--DEMOCRACY IN IRAN

SEC. 301. FINDINGS.

    Congress makes the following findings:
            (1) The people of the United States have long demonstrated 
        an interest in the well-being of the people of Iran, dating 
        back to the 1830s.
            (2) Famous Americans such as Howard Baskerville, Dr. Samuel 
        Martin, Jane E. Doolittle, and Louis G. Dreyfus, Jr., made 
        significant contributions to Iranian society by furthering the 
        educational opportunities of the people of Iran and improving 
        the opportunities of the less fortunate citizens of Iran.
            (3) Iran and the United States were allies following World 
        War II, and through the late 1970s Iran was as an important 
        regional ally of the United States and a key bulwark against 
        Soviet influence.
            (4) In November 1979, following the arrival of Mohammed 
        Reza Shah Pahlavi in the United States, a mob of students and 
        extremists seized the United States Embassy in Tehran, Iran, 
        holding United States diplomatic personnel hostage until 
        January 1981.
            (5) Following the seizure of the United States Embassy, 
        Ayatollah Ruhollah Khomeini, leader of the repressive 
        revolutionary movement in Iran, expressed support for the 
        actions of the students in taking American citizens hostage.
            (6) Despite the presidential election of May 1997, an 
        election in which an estimated 91 percent of the electorate 
        participated, control of the internal and external affairs of 
        the Islamic Republic of Iran is still exercised by the courts 
        in Iran and the Revolutionary Guards, Supreme Leader, and 
        Council of Guardians of the Government of Iran.
            (7) The election results of the May 1997 election and the 
        high level of voter participation in that election demonstrate 
        that the people of Iran favor economic and political reforms 
        and greater interaction with the United States and the Western 
        world in general.
            (8) Efforts by the United States to improve relations with 
        Iran have been rebuffed by the Government of Iran.
            (9) The Clinton Administration eased sanctions against Iran 
        and promoted people-to-people exchanges, but the Leader of the 
        Islamic Revolution Ayatollah Ali Khamenei, the Militant 
        Clerics' Society, the Islamic Coalition Organization, and 
        Supporters of the Party of God have all opposed efforts to open 
        Iranian society to Western influences and have opposed efforts 
        to change the dynamic of relations between the United States 
        and Iran.
            (10) For the past two decades, the Department of State has 
        found Iran to be the leading sponsor of international terrorism 
        in the world.
            (11) In 1983, the Iran-sponsored Hezbollah terrorist 
        organization conducted suicide terrorist operations against 
        United States military and civilian personnel in Beirut, 
        Lebanon, resulting in the deaths of hundreds of Americans.
            (12) The United States intelligence community and law 
        enforcement personnel have linked Iran to attacks against 
        American military personnel at Khobar Towers in Saudi Arabia in 
        1996 and to al Qaeda attacks against civilians in Saudi Arabia 
        in 2004.
            (13) According to the Department of State's Patterns of 
        Global Terrorism 2001 report, ``Iran's Islamic Revolutionary 
        Guard Corps and Ministry of Intelligence and Security continued 
        to be involved in the planning and support of terrorist acts 
        and supported a variety of groups that use terrorism to pursue 
        their goals,'' and ``Iran continued to provide Lebanese 
        Hizballah and the Palestinian rejectionist groups--notably 
        HAMAS, the Palestinian Islamic Jihad, and the [Popular Front 
        for the Liberation of Palestine-General Command]--with varying 
        amounts of funding, safehaven, training and weapons''.
            (14) Iran currently operates more than 10 radio and 
        television stations broadcasting in Iraq that incite violent 
        actions against United States and coalition personnel in Iraq.
            (15) The current leaders of Iran, Ayatollah Ali Khamenei 
        and Hashemi Rafsanjani, have repeatedly called upon Muslims to 
        kill Americans in Iraq and install a theocratic regime in Iraq.
            (16) The Government of Iran has admitted pursuing a 
        clandestine nuclear program, which the United States 
        intelligence community believes may include a nuclear weapons 
        program.
            (17) The Government of Iran has failed to meet repeated 
        pledges to arrest and extradite foreign terrorists in Iran.
            (18) The United States Government believes that the 
        Government of Iran supports terrorists and extremist religious 
        leaders in Iraq with the clear intention of subverting 
        coalition efforts to bring peace and democracy to Iraq.
            (19) The Ministry of Defense of Iran confirmed in July 2003 
        that it had successfully conducted the final test of the 
        Shahab-3 missile, giving Iran an operational intermediate-range 
        ballistic missile capable of striking both Israel and United 
        States troops throughout the Middle East and Afghanistan.

SEC. 302. DECLARATION OF CONGRESS REGARDING UNITED STATES POLICY TOWARD 
              IRAN.

    Congress declares that it should be the policy of the United 
States--
            (1) to support efforts by the people of Iran to exercise 
        self-determination over the form of government of their 
        country; and
            (2) to actively support a national referendum in Iran with 
        oversight by international observers and monitors to certify 
        the integrity and fairness of the referendum.

SEC. 303. ASSISTANCE TO SUPPORT DEMOCRACY IN IRAN.

    (a) Authorization.--The President is authorized, notwithstanding 
any other provision of law, 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. Such assistance may include the award 
of grants to eligible independent pro-democracy radio and television 
broadcasting organizations that broadcast into Iran.
    (b) Sense of Congress on Eligibility for Assistance.--It is the 
sense of Congress that financial and political assistance under this 
section be provided to an individual, organization, or entity that--
            (1) 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 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 Foreign Relations 
and the Committee on Appropriations of the Senate and the Committee on 
International Relations and the Committee on Appropriations of the 
House of Representatives.
    (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) support for a transition to democracy in Iran should be 
        expressed by United States representatives and officials in all 
        appropriate international fora;
            (2) representatives of the Government of Iran should be 
        denied access to all United States Government buildings;
            (3) 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
            (4) 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 $10,000,000 to carry out 
activities under this section.

SEC. 304. REPORTING REQUIREMENT REGARDING DESIGNATION OF DEMOCRATIC 
              OPPOSITION ORGANIZATIONS.

    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 Foreign Relations and the 
Committee on Appropriations of the Senate and the Committee on 
International Relations and the Committee on Appropriations of the 
House of Representatives of the proposed designation. The notification 
may be in classified form.
                                 <all>