I 

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.

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 Support 

5 Act’’. 

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. 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.

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 enactment of this Act, shall remain in effect, until 

9 the President certifies to the Committee on International 

10 Relations of the House of Representatives and the Com11 mittee on Foreign Relations of the Senate that the Gov12 ernment of Iran has permanently and verifiably disman13 tled its weapons of mass destruction programs and has 

14 committed to combating the proliferation of such weapons. 

15 (b) NO EFFECT ON OTHER SANCTIONS RELATING TO

16 SUPPORT FOR ACTS OF INTERNATIONAL TERRORISM.—

17 Notwithstanding a certification by the President under 

18 subsection (a), United States sanctions, controls, and reg19 ulations relating to a determination under section 
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1 6(j)(1)(A) of the Export Administration Act of 1979 (50 

2 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the For3 eign Assistance Act of 1961 (22 U.S.C. 2371(a)), or sec4 tion 40(d) of the Arms Export Control Act (22 U.S.C. 

5 2780(d)) relating to support for acts of international ter6 rorism by the Government of Iran, as in effect on the date 

7 of the enactment of this Act, shall remain in effect. 

8 TITLE II—AMENDMENTS TO THE 

9 IRAN AND LIBYA SANCTIONS 

10 ACT OF 1996

11 SEC. 201. MULTILATERAL REGIME. 

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

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

14 note) is amended to read as follows: 

15 ‘‘(b) REPORTS TO CONGRESS.—Not later than six 

16 months after the date of the enactment of the Iran Free17 dom Support Act and every six months thereafter, the 

18 President shall submit to the appropriate congressional 

19 committees a report regarding specific diplomatic efforts 

20 undertaken pursuant to subsection (a), the results of those 

21 efforts, and a description of proposed diplomatic efforts 

22 pursuant to such subsection. Each report shall include—

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

24 undertake measures to further the objectives of sec25 tion 3 with respect to Iran; 
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1 ‘‘(2) a description of those measures, includ2 ing—

3 ‘‘(A) government actions with respect to 

4 public or private entities (or their subsidiaries) 

5 located in their territories, that are engaged in 

6 Iran; 

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

8 these countries to rescind or continue the provi9 sion of credits, guarantees, or other govern10 mental assistance to these entities; and 

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

12 further the objectives of section 3; 

13 ‘‘(3) a list of the countries that have not agreed 

14 to undertake measures to further the objectives of 

15 section 3 with respect to Iran, and the reasons 

16 therefor; and 

17 ‘‘(4) a description of any memorandums of un18 derstanding, political understandings, or inter19 national agreements to which the United States has 

20 acceded which affect implementation of this section 

21 or section 5(a).’’. 

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

23 1701 note) is amended to read as follows: 

24 ‘‘(c) WAIVER.—
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1 ‘‘(1) IN GENERAL.—The President may, on a 

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

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

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

5 certifies to the appropriate congressional committees 

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

7 that—

8 ‘‘(A) such waiver is vital to the national se9 curity of the United States; and 

10 ‘‘(B) the country of the national has un11 dertaken substantial measures to prevent the 

12 acquisition and development of weapons of mass 

13 destruction by the Government of Iran. 

14 ‘‘(2) SUBSEQUENT RENEWAL OF WAIVER.—If 

15 the President determines that such is appropriate, 

16 the President may, at the conclusion of the period 

17 of a waiver under paragraph (1), renew such waiver 

18 for a subsequent period of not more than six 

19 months.’’. 

20 (c) INVESTIGATIONS.—Section 4 of such Act (50 

21 U.S.C. 1701 note) is amended by adding at the end the 

22 following new subsection: 

23 ‘‘(f) INVESTIGATIONS.—

24 ‘‘(1) IN GENERAL.—Upon public or private dis25 closure of activity related to investment in Iran by 
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1 a person as described in this Act, the President shall 

2 direct the Secretary of the Treasury to initiate an 

3 investigation into the possible imposition of sanc4 tions against such person as a result of such activ5 ity, to notify such person of such investigation, and 

6 to provide a recommendation to the President for 

7 such purposes. 

8 ‘‘(2) DETERMINATION AND NOTIFICATION.—

9 Not later than 90 days after the date of the disclo10 sure of the activity described in paragraph (1), the 

11 President shall determine whether or not to impose 

12 sanctions against such person as a result of such ac13 tivity and shall notify the appropriate congressional 

14 committees of the basis for such determination. 

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

16 after the President notifies the appropriate congres17 sional committees under paragraph (2), the Presi18 dent shall ensure publication in the Federal Register 

19 of—

20 ‘‘(A) the identification of the persons 

21 against which the President has made a deter22 mination that the imposition of sanctions is ap23 propriate, together with an explanation for such 

24 determination; and 
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1 ‘‘(B) the identification of the persons 

2 against which the President has made a deter3 mination that the imposition of sanctions is not 

4 appropriate, together with an explanation for 

5 such determination.’’. 

6 SEC. 202. IMPOSITION OF SANCTIONS. 

7 (a) SANCTIONS WITH RESPECT TO DEVELOPMENT

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

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

10 is amended—

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

12 inserting ‘‘TO THE DEVELOPMENT OF PETROLEUM

13 RESOURCES OF IRAN’’; 

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

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

16 (b) SANCTIONS WITH RESPECT TO DEVELOPMENT

17 OF WEAPONS OF MASS DESTRUCTION OR OTHER MILI18 TARY CAPABILITIES.—Section 5(b) of such Act (50 U.S.C. 

19 1701 note) is amended to read as follows: 

20 ‘‘(b) MANDATORY SANCTIONS WITH RESPECT TO

21 DEVELOPMENT OF WEAPONS OF MASS DESTRUCTION OR

22 OTHER MILITARY CAPABILITIES.—Notwithstanding any 

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

24 more of the sanctions described in paragraphs (1) through 

25 (5) of section 6 if the President determines that a person 
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1 has, on or after the date of the enactment of this Act, 

2 exported, transferred, or otherwise provided to Iran any 

3 goods, services, technology, or other items the provision 

4 of which has contributed to the ability of Iran to—

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

6 nuclear weapons or related technologies; or 

7 ‘‘(2) acquire or develop destabilizing numbers 

8 and types of advanced conventional weapons.’’. 

9 (c) PERSONS AGAINST WHICH THE SANCTIONS ARE

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

11 1701 note) is amended—

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

13 the end; 

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

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

16 (3) by adding at the end the following new sub17 paragraph: 

18 ‘‘(D) is a private or government lender, in19 surer, underwriter, re-insurer, or guarantor of 

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

21 private or government lender, insurer, under22 writer, re-insurer, or guarantor, with actual 

23 knowledge, engaged in the activities referred to 

24 in paragraph (1).’’. 
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1 (d) EFFECTIVE DATE.—Sanctions imposed pursuant 

2 to the amendments made by this section shall apply with 

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

4 of the enactment of this Act. 

5 SEC. 203. TERMINATION OF SANCTIONS. 

6 (a) REMOVAL OF LIBYA.—Section 8 of the Iran and 

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

8 amended—

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

10 designation and heading; and 

11 (2) by striking subsection (b). 

12 (b) NO THREAT POSED.—Such section, as amended 

13 by subsection (a), is further amended—

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

15 the end; 

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

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

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

19 paragraph: 

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

21 security, interests, or allies.’’. 

22 SEC. 204. SUNSET. 

23 Section 13 of the Iran and Libya Sanctions Act of 

24 1996 (50 U.S.C. 1701 note) is amended—
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1 (1) in the section heading, by striking ‘‘; SUN2 SET’’; 

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

4 designation and heading; and 

5 (3) by striking subsection (b). 

6 SEC. 205. CLARIFICATION AND EXPANSION OF DEFINI7 TIONS. 

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

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

10 amended—

11 (1) by inserting after ‘‘trust’’ the following: ‘‘, 

12 financial institution, insurer, underwriter, re-insurer, 

13 guarantor’’; and 

14 (2) by striking ‘‘operating as a business enter15 prise’’. 

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

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

18 note) is amended by inserting after ‘‘petroleum’’ the fol19 lowing: ‘‘, petroleum by-products,’’. 

20 TITLE III—DEMOCRACY IN IRAN 

21 SEC. 301. DECLARATION OF CONGRESS REGARDING 

22 UNITED STATES POLICY TOWARD IRAN. 

23 Congress declares that it should be the policy of the 

24 United States to support independent human rights and 

25 pro-democracy forces in Iran. 
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1 SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY IN IRAN. 

2 (a) AUTHORIZATION.—The President is authorized to 

3 provide financial and political assistance (including the 

4 award of grants) to foreign and domestic individuals, orga5 nizations, and entities that support democracy and the 

6 promotion of democracy in Iran and that are opposed to 

7 the non-democratic Government of Iran. Such assistance 

8 may include the award of grants to eligible independent 

9 pro-democracy radio and television broadcasting organiza10 tions that broadcast into Iran. 

11 (b) ELIGIBILITY FOR ASSISTANCE.—Financial and 

12 political assistance under this section may be provided to 

13 an individual, organization, or entity that—

14 (1) officially opposes the use of terrorism; 

15 (2) advocates the adherence by Iran to non16 proliferation regimes for nuclear, chemical, and bio17 logical weapons and materiel; 

18 (3) is dedicated to democratic values and sup19 ports the adoption of a democratic form of govern20 ment in Iran; 

21 (4) is dedicated to respect for human rights, in22 cluding the fundamental equality of women; 

23 (5) works to establish equality of opportunity 

24 for people; and 
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1 (6) supports freedom of the press, freedom of 

2 speech, freedom of association, and freedom of reli3 gion. 

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

5 under this section using—

6 (1) funds available to the Middle East Partner7 ship Initiative (MEPI), the Broader Middle East 

8 and North Africa Initiative, and the National En9 dowment for Democracy (NED); and 

10 (2) amounts made available pursuant to the au11 thorization of appropriations under subsection (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 International Re17 lations and the Committee on Appropriations of the House 

18 of Representatives and the Committee on Foreign Rela19 tions and the Committee on Appropriations of the Senate. 

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) contacts should be expanded with opposition 

9 groups in Iran that meet the criteria under sub10 section (b); 

11 (2) support for a transition to democracy in 

12 Iran should be expressed by United States rep13 resentatives and officials in all appropriate inter14 national fora; 

15 (3) representatives of the Government of Iran 

16 should be denied access to all United States Govern17 ment buildings; 

18 (4) efforts to bring a halt to the nuclear weap19 ons program of Iran, including steps to end the sup20 ply of nuclear components or fuel to Iran, should be 

21 intensified, with particular attention focused on the 

22 cooperation regarding such program—

23 (A) between the Government of Iran and 

24 the Government of the Russian Federation; and 
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1 (B) between the Government of Iran and 

2 individuals from China, Malaysia, and Pakistan, 

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

4 Q.) Khan; and 

5 (5) officials and representatives of the United 

6 States should—

7 (A) strongly and unequivocally support in8 digenous efforts in Iran calling for free, trans9 parent, and democratic elections; and 

10 (B) draw international attention to viola11 tions by the Government of Iran of human 

12 rights, freedom of religion, freedom of assem13 bly, and freedom of the press. 

14 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Department of State 

16 such sums as may be necessary to carry out this section. 

17 SEC. 303. SENSE OF CONGRESS REGARDING DESIGNATION 

18 OF DEMOCRATIC OPPOSITION ORGANIZA19 TIONS. 

20 (a) INITIAL DESIGNATION.—It is the sense of Con21 gress that, not later than 90 days after the date of the 

22 enactment of this Act, the President should designate at 

23 least one democratic opposition organization as eligible to 

24 receive assistance under section 302. 
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1 (b) NOTIFICATION REQUIREMENT.—Not later than 

2 15 days before designating a democratic opposition orga3 nization as eligible to receive assistance under section 302, 

4 the President shall notify the Committee on International 

5 Relations and the Committee on Appropriations of the 

6 House of Representatives and the Committee on Foreign 

7 Relations and the Committee on Appropriations of the 

8 Senate of the proposed designation. If the President deter9 mines that such is appropriate, such notification may be 

10 in classified form.

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