II 

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. 

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 Freedom and 

5 Support Act of 2005’’. 

6 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. 
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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. 

1 TITLE I—CODIFICATION OF 

2 SANCTIONS AGAINST IRAN 

3 SEC. 101. CODIFICATION OF SANCTIONS. 

4 (a) CODIFICATION OF SANCTIONS RELATED TO

5 WEAPONS OF MASS DESTRUCTION.—United States sanc6 tions, controls, and regulations relating to weapons of 

7 mass destruction with respect to Iran, as in effect on the 

8 date of the enactment of this Act, shall remain in effect 

9 until the President certifies to the Committee on Inter10 national Relations of the House of Representatives and 

11 the Committee on Foreign Relations of the Senate that 

12 the Government of Iran has permanently and verifiably 

13 dismantled its weapons of mass destruction programs and 

14 has committed to combating the proliferation of such 

15 weapons. 

16 (b) NO EFFECT ON OTHER SANCTIONS RELATING TO

17 SUPPORT FOR ACTS OF INTERNATIONAL TERRORISM.— 
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1 (1) IN GENERAL.—Notwithstanding a certifi2 cation by the President under subsection (a), United 

3 States sanctions, controls, and regulations described 

4 in paragraph (2) as in effect on the date of the en5 actment of this Act shall remain in effect. 

6 (2) COVERED SANCTIONS.—The sanctions, con7 trols, and regulations referred to in paragraph (1) 

8 are sanctions, controls, and regulations related to 

9 determinations under section 6(j)(1)(A) of the Ex10 port Administration Act of 1979 (as in effect pursu11 ant to the International Emergency Economic Pow12 ers Act; 50 U.S.C. 1701 et seq.), section 620A(a) of 

13 the Foreign Assistance Act of 1961 (22 U.S.C. 

14 2371(a)), and section 40(d) of the Arms Export 

15 Control Act (22 U.S.C. 2780(d)) regarding support 

16 by the Government of Iran for acts of international 

17 terrorism. 

18 TITLE II—AMENDMENTS TO THE 

19 IRAN AND LIBYA SANCTIONS 

20 ACT OF 1996 

21 SEC. 201. MULTILATERAL REGIME. 

22 (a) REPORTS TO CONGRESS.—Section 4(b) of the 

23 Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 

24 note) is amended to read as follows: 
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1 ‘‘(b) REPORTS TO CONGRESS.—Not later than six 

2 months after the date of the enactment of the Iran Free3 dom and Support Act of 2005 and every six months there4 after, the President shall submit to the appropriate con5 gressional committees a report regarding specific diplo6 matic efforts undertaken pursuant to subsection (a), the 

7 results of those efforts, and a description of proposed dip8 lomatic efforts pursuant to such subsection. Each report 

9 shall include— 

10 ‘‘(1) a list of the countries that have agreed to 

11 undertake measures to further the objectives of sec12 tion 3(a); 

13 ‘‘(2) a description of those measures, includ14 ing— 

15 ‘‘(A) government actions with respect to 

16 public or private entities (or their subsidiaries) 

17 located in their countries that are engaged in 

18 business in Iran; 

19 ‘‘(B) any decisions by the governments of 

20 such countries to rescind or continue the provi21 sion of credits, guarantees, or other govern22 mental assistance to such entities; and 

23 ‘‘(C) actions taken in international fora to 

24 further the objectives of section 3; 
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1 ‘‘(3) a list of the countries that have not agreed 

2 to undertake measures to further the objectives of 

3 section 3 with respect to Iran, and the reasons 

4 therefor; and 

5 ‘‘(4) a description of any memorandums of un6 derstanding, political understandings, or inter7 national agreements to which the United States has 

8 acceded which affect implementation of this section 

9 or section 5(a).’’. 

10 (b) WAIVER.—Section 4(c) of such Act (50 U.S.C. 

11 1701 note) is amended to read as follows: 

12 ‘‘(c) WAIVER.— 

13 ‘‘(1) IN GENERAL.—The President may, on a 

14 case by case basis, waive for a period of not more 

15 than six months the application of section 5(a) with 

16 respect to a national of a country, if the President 

17 certifies to the appropriate congressional committees 

18 at least 30 days before such waiver is to take effect 

19 that— 

20 ‘‘(A) such waiver is vital to the national se21 curity of the United States; and 

22 ‘‘(B) the country of the national has un23 dertaken substantial measures to prevent the 

24 acquisition and development of weapons of mass 

25 destruction by the Government of Iran. 
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1 ‘‘(2) SUBSEQUENT RENEWAL OF WAIVER.—If 

2 the President determines that a renewal of a waiver 

3 is appropriate, the President may, at the conclusion 

4 of the period of a waiver under paragraph (1), renew 

5 such waiver for a subsequent period of not more 

6 than six months.’’. 

7 SEC. 202. IMPOSITION OF SANCTIONS. 

8 (a) SANCTIONS WITH RESPECT TO DEVELOPMENT

9 OF PETROLEUM RESOURCES.—Section 5(a) of the Iran 

10 and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) 

11 is amended— 

12 (1) in the heading, by striking ‘‘TO IRAN’’ and 

13 inserting ‘‘TO THE DEVELOPMENT OF PETROLEUM

14 RESOURCES OF IRAN’’; 

15 (2) by striking ‘‘(6)’’ and inserting ‘‘(5)’’; and 

16 (3) by striking ‘‘with actual knowledge,’’. 

17 (b) SANCTIONS WITH RESPECT TO DEVELOPMENT

18 OF WEAPONS OF MASS DESTRUCTION OR OTHER MILI19 TARY CAPABILITIES.—Section 5(b) of such Act (50 U.S.C. 

20 1701 note) is amended to read as follows: 

21 ‘‘(b) MANDATORY SANCTIONS WITH RESPECT TO

22 DEVELOPMENT OF WEAPONS OF MASS DESTRUCTION OR

23 OTHER MILITARY CAPABILITIES.—Notwithstanding any 

24 other provision of law, the President shall impose two or 

25 more of the sanctions described in paragraphs (1) through 
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1 (5) of section 6 if the President determines that a person 

2 has, on or after the date of the enactment of the Iran 

3 Freedom and Support Act of 2005, exported, transferred, 

4 or otherwise provided to Iran any goods, services, tech5 nology, or other items the provision of which has contrib6 uted to the ability of Iran to— 

7 ‘‘(1) acquire or develop chemical, biological, or 

8 nuclear weapons or related technologies; or 

9 ‘‘(2) acquire or develop destabilizing numbers 

10 and types of advanced conventional weapons.’’. 

11 (c) PERSONS AGAINST WHICH THE SANCTIONS ARE

12 TO BE IMPOSED.—Section 5(c)(2) of such Act (50 U.S.C. 

13 1701 note) is amended— 

14 (1) in subparagraph (B), by striking ‘‘or’’ at 

15 the end; 

16 (2) in subparagraph (C), by striking the period 

17 at the end and inserting ‘‘; or’’; and 

18 (3) by adding at the end the following new sub19 paragraph: 

20 ‘‘(D) is a private or government lender, in21 surer, underwriter, re-insurer, or guarantor of 

22 the person referred to in paragraph (1) if that 

23 private or government lender, insurer, under24 writer, re-insurer, or guarantor, with actual 
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1 knowledge, engaged in the activities referred to 

2 in paragraph (1).’’. 

3 (d) INVESTIGATIONS.—Section 5 of such Act (50 

4 U.S.C. 1701 note) is further amended by adding at the 

5 end the following new subsection: 

6 ‘‘(g) INVESTIGATIONS.— 

7 ‘‘(1) IN GENERAL.—Upon public or private dis8 closure of activity related to investment in Iran by 

9 a person, the President shall direct the Secretary of 

10 the Treasury to initiate an investigation into the 

11 possible imposition of sanctions against such person 

12 as a result of such activity, to notify such person of 

13 such investigation, and to provide a recommendation 

14 to the President for such purposes. 

15 ‘‘(2) DETERMINATION AND NOTIFICATION.— 

16 Not later than 90 days after the date of the disclo17 sure of the activity described in paragraph (1), the 

18 President shall determine whether or not to impose 

19 sanctions against such person as a result of such ac20 tivity and shall notify the appropriate congressional 

21 committees of the basis for such determination. 

22 ‘‘(3) PUBLICATION.—Not later than 10 days 

23 after the President notifies the appropriate congres24 sional committees under paragraph (2), the Presi-
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1 dent shall ensure publication in the Federal Register 

2 of— 

3 ‘‘(A) the identification of the persons 

4 against which the President has made a deter5 mination that the imposition of sanctions is ap6 propriate, together with an explanation for such 

7 determination; and 

8 ‘‘(B) the identification of the persons 

9 against which the President has made a deter10 mination that the imposition of sanctions is not 

11 appropriate, together with an explanation for 

12 such determination.’’. 

13 (e) EFFECTIVE DATE.—Sanctions imposed pursuant 

14 to the amendments made by this section shall apply with 

15 respect to investments made in Iran on or after the date 

16 of the enactment of this Act. 

17 SEC. 203. TERMINATION OF SANCTIONS. 

18 (a) REMOVAL OF LIBYA SANCTIONS.—Section 8 of 

19 the Iran and Libya Sanctions Act 1996 (50 U.S.C. 1701 

20 note) is amended— 

21 (1) in subsection (a), by striking the subsection 

22 designation and heading; and 

23 (2) by striking subsection (b). 
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1 (b) ADDITIONAL CONDITION FOR REMOVAL OF IRAN

2 SANCTIONS.—Such section, as amended by subsection (a), 

3 is further amended— 

4 (1) in paragraph (1)(C), by striking ‘‘and’’ at 

5 the end; 

6 (2) in paragraph (2), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

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

9 paragraph: 

10 ‘‘(3) poses no threat to United States national 

11 security, interests, or allies.’’. 

12 SEC. 204. SUNSET. 

13 Section 13 of the Iran and Libya Sanctions Act of 

14 1996 (50 U.S.C. 1701 note) is amended— 

15 (1) in the section heading, by striking ‘‘; SUN16 SET’’; 

17 (2) in subsection (a), by striking the subsection 

18 designation and heading; and 

19 (3) by striking subsection (b). 

20 SEC. 205. CLARIFICATION AND EXPANSION OF DEFINI21 TIONS. 

22 (a) PERSON.—Section 14(14)(B) of the Iran and 

23 Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is 

24 amended— 
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1 (1) by inserting after ‘‘trust’’ the following: ‘‘, 

2 financial institution, insurer, underwriter, re-insurer, 

3 guarantor’’; and 

4 (2) by striking ‘‘operating as a business enter5 prise’’. 

6 (b) PETROLEUM RESOURCES.—Section 14(15) of the 

7 Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 

8 note) is amended by inserting after ‘‘includes petroleum’’ 

9 the following: ‘‘, petroleum by-products,’’. 

10 TITLE III—DEMOCRACY IN IRAN 

11 SEC. 301. FINDINGS. 

12 Congress makes the following findings: 

13 (1) The people of the United States have long 

14 demonstrated an interest in the well-being of the 

15 people of Iran, dating back to the 1830s. 

16 (2) Famous Americans such as Howard Bas17 kerville, Dr. Samuel Martin, Jane E. Doolittle, and 

18 Louis G. Dreyfus, Jr., made significant contribu19 tions to Iranian society by furthering the educational 

20 opportunities of the people of Iran and improving 

21 the opportunities of the less fortunate citizens of 

22 Iran. 

23 (3) Iran and the United States were allies fol24 lowing World War II, and through the late 1970s 
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1 Iran was as an important regional ally of the United 

2 States and a key bulwark against Soviet influence. 

3 (4) In November 1979, following the arrival of 

4 Mohammed Reza Shah Pahlavi in the United States, 

5 a mob of students and extremists seized the United 

6 States Embassy in Tehran, Iran, holding United 

7 States diplomatic personnel hostage until January 

8 1981. 

9 (5) Following the seizure of the United States 

10 Embassy, Ayatollah Ruhollah Khomeini, leader of 

11 the repressive revolutionary movement in Iran, ex12 pressed support for the actions of the students in 

13 taking American citizens hostage. 

14 (6) Despite the presidential election of May 

15 1997, an election in which an estimated 91 percent 

16 of the electorate participated, control of the internal 

17 and external affairs of the Islamic Republic of Iran 

18 is still exercised by the courts in Iran and the Revo19 lutionary Guards, Supreme Leader, and Council of 

20 Guardians of the Government of Iran. 

21 (7) The election results of the May 1997 elec22 tion and the high level of voter participation in that 

23 election demonstrate that the people of Iran favor 

24 economic and political reforms and greater inter-
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1 action with the United States and the Western world 

2 in general. 

3 (8) Efforts by the United States to improve re4 lations with Iran have been rebuffed by the Govern5 ment of Iran. 

6 (9) The Clinton Administration eased sanctions 

7 against Iran and promoted people-to-people ex8 changes, but the Leader of the Islamic Revolution 

9 Ayatollah Ali Khamenei, the Militant Clerics’ Soci10 ety, the Islamic Coalition Organization, and Sup11 porters of the Party of God have all opposed efforts 

12 to open Iranian society to Western influences and 

13 have opposed efforts to change the dynamic of rela14 tions between the United States and Iran. 

15 (10) For the past two decades, the Department 

16 of State has found Iran to be the leading sponsor of 

17 international terrorism in the world. 

18 (11) In 1983, the Iran-sponsored Hezbollah ter19 rorist organization conducted suicide terrorist oper20 ations against United States military and civilian 

21 personnel in Beirut, Lebanon, resulting in the 

22 deaths of hundreds of Americans. 

23 (12) The United States intelligence community 

24 and law enforcement personnel have linked Iran to 

25 attacks against American military personnel at 
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1 Khobar Towers in Saudi Arabia in 1996 and to al 

2 Qaeda attacks against civilians in Saudi Arabia in 

3 2004. 

4 (13) According to the Department of State’s 

5 Patterns of Global Terrorism 2001 report, ‘‘Iran’s 

6 Islamic Revolutionary Guard Corps and Ministry of 

7 Intelligence and Security continued to be involved in 

8 the planning and support of terrorist acts and sup9 ported a variety of groups that use terrorism to pur10 sue their goals,’’ and ‘‘Iran continued to provide 

11 Lebanese Hizballah and the Palestinian rejectionist 

12 groups—notably HAMAS, the Palestinian Islamic 

13 Jihad, and the [Popular Front for the Liberation of 

14 Palestine-General Command]—with varying 

15 amounts of funding, safehaven, training and weap16 ons’’. 

17 (14) Iran currently operates more than 10 

18 radio and television stations broadcasting in Iraq 

19 that incite violent actions against United States and 

20 coalition personnel in Iraq. 

21 (15) The current leaders of Iran, Ayatollah Ali 

22 Khamenei and Hashemi Rafsanjani, have repeatedly 

23 called upon Muslims to kill Americans in Iraq and 

24 install a theocratic regime in Iraq. 
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1 (16) The Government of Iran has admitted pur2 suing a clandestine nuclear program, which the 

3 United States intelligence community believes may 

4 include a nuclear weapons program. 

5 (17) The Government of Iran has failed to meet 

6 repeated pledges to arrest and extradite foreign ter7 rorists in Iran. 

8 (18) The United States Government believes 

9 that the Government of Iran supports terrorists and 

10 extremist religious leaders in Iraq with the clear in11 tention of subverting coalition efforts to bring peace 

12 and democracy to Iraq. 

13 (19) The Ministry of Defense of Iran confirmed 

14 in July 2003 that it had successfully conducted the 

15 final test of the Shahab-3 missile, giving Iran an 

16 operational intermediate-range ballistic missile capa17 ble of striking both Israel and United States troops 

18 throughout the Middle East and Afghanistan. 

19 SEC. 302. DECLARATION OF CONGRESS REGARDING 

20 UNITED STATES POLICY TOWARD IRAN. 

21 Congress declares that it should be the policy of the 

22 United States— 

23 (1) to support efforts by the people of Iran to 

24 exercise self-determination over the form of govern25 ment of their country; and 
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1 (2) to actively support a national referendum in 

2 Iran with oversight by international observers and 

3 monitors to certify the integrity and fairness of the 

4 referendum. 

5 SEC. 303. ASSISTANCE TO SUPPORT DEMOCRACY IN IRAN. 

6 (a) AUTHORIZATION.—The President is authorized, 

7 notwithstanding any other provision of law, to provide fi8 nancial and political assistance (including the award of 

9 grants) to foreign and domestic individuals, organizations, 

10 and entities that support democracy and the promotion 

11 of democracy in Iran. Such assistance may include the 

12 award of grants to eligible independent pro-democracy 

13 radio and television broadcasting organizations that 

14 broadcast into Iran. 

15 (b) SENSE OF CONGRESS ON ELIGIBILITY FOR AS16 SISTANCE.—It is the sense of Congress that financial and 

17 political assistance under this section be provided to an 

18 individual, organization, or entity that— 

19 (1) opposes the use of terrorism; 

20 (2) advocates the adherence by Iran to non21 proliferation regimes for nuclear, chemical, and bio22 logical weapons and materiel; 

23 (3) is dedicated to democratic values and sup24 ports the adoption of a democratic form of govern25 ment in Iran; 
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1 (4) is dedicated to respect for human rights, in2 cluding the fundamental equality of women; 

3 (5) works to establish equality of opportunity 

4 for people; and 

5 (6) supports freedom of the press, freedom of 

6 speech, freedom of association, and freedom of reli7 gion. 

8 (c) FUNDING.—The President may provide assistance 

9 under this section using amounts made available pursuant 

10 to the authorization of appropriations under subsection 

11 (g). 

12 (d) NOTIFICATION.—Not later than 15 days before 

13 each obligation of assistance under this section, and in ac14 cordance with the procedures under section 634A of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 2394–l), the 

16 President shall notify the Committee on Foreign Relations 

17 and the Committee on Appropriations of the Senate and 

18 the Committee on International Relations and the Com19 mittee on Appropriations of the House of Representatives. 

20 (e) SENSE OF CONGRESS REGARDING COORDINA21 TION OF POLICY AND APPOINTMENT.—It is the sense of 

22 Congress that in order to ensure maximum coordination 

23 among Federal agencies, if the President provides the as24 sistance under this section, the President should appoint 

25 an individual who shall— 
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1 (1) serve as special assistant to the President 

2 on matters relating to Iran; and 

3 (2) coordinate among the appropriate directors 

4 of the National Security Council on issues regarding 

5 such matters. 

6 (f) SENSE OF CONGRESS REGARDING DIPLOMATIC

7 ASSISTANCE.—It is the sense of Congress that— 

8 (1) support for a transition to democracy in 

9 Iran should be expressed by United States rep10 resentatives and officials in all appropriate inter11 national fora; 

12 (2) representatives of the Government of Iran 

13 should be denied access to all United States Govern14 ment buildings; 

15 (3) efforts to bring a halt to the nuclear weap16 ons program of Iran, including steps to end the sup17 ply of nuclear components or fuel to Iran, should be 

18 intensified, with particular attention focused on the 

19 cooperation regarding such program— 

20 (A) between the Government of Iran and 

21 the Government of the Russian Federation; and 

22 (B) between the Government of Iran and 

23 individuals from China, Malaysia, and Pakistan, 

24 including the network of Dr. Abdul Qadeer (A. 

25 Q.) Khan; and 
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1 (4) officials and representatives of the United 

2 States should— 

3 (A) strongly and unequivocally support in4 digenous efforts in Iran calling for free, trans5 parent, and democratic elections; and 

6 (B) draw international attention to viola7 tions by the Government of Iran of human 

8 rights, freedom of religion, freedom of assem9 bly, and freedom of the press. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Department of State 

12 $10,000,000 to carry out activities under this section. 

13 SEC. 304. REPORTING REQUIREMENT REGARDING DES14 IGNATION OF DEMOCRATIC OPPOSITION OR15 GANIZATIONS. 

16 Not later than 15 days before designating a demo17 cratic opposition organization as eligible to receive assist18 ance under section 302, the President shall notify the 

19 Committee on Foreign Relations and the Committee on 

20 Appropriations of the Senate and the Committee on Inter21 national Relations and the Committee on Appropriations 

22 of the House of Representatives of the proposed designa23 tion. The notification may be in classified form. 

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