Iran Freedom and Support Act of 2005 - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism.
Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision.
Declares that U.S. policy should support: (1) efforts by the Iranian people to exercise self-determination over their form of government; and (2) an internationally-overseen referendum in Iran.
Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy and advocate nonproliferation in Iran. Directs the President to notify (which may be in classified form) the appropriate congressional committees not later than 15 days prior to designating an eligible opposition group.
Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) U.S. representatives and officials in international fora should express support for democratic transition in Iran; (3) representatives of the Government of Iran should be denied access to U.S. Government buildings; (4) efforts to halt the Iranian nuclear weapons program should be intensified; and (5) U.S. officials and representatives should strongly support indigenous efforts in Iran calling for democratic elections.
[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>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Sponsor introductory remarks on measure. (CR S1596-1597)
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