[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3870 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3870
To hold the current regime in Iran accountable for its human rights
record and to support a transition to democracy in Iran.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7 (legislative day, September 6), 2006
Mr. Brownback 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 human rights
record 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 Human Rights Act of 2006''.
SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means 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.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) There is currently not a democratic government in Iran.
Instead, Iran is an ideological dictatorship presided over by
an unelected Supreme Leader with limitless veto power, an
unelected Expediency Council, and a Council of Guardians
capable of eviscerating any reforms.
(2) The Supreme Leader appoints the heads of the judiciary,
the clergy members on the powerful Council of Guardians, the
commanders of all the armed forces, Friday prayer leaders, and
the head of radio and television and confirms the president's
election, rendering him the most powerful person in Iranian
politics with little accountability within the political
system.
(3) Members of the Council of Guardians in Iran, who are
chosen by the Supreme Leader, must vet all candidates for
election based on their political predispositions and all
legislation before it can be entered into law.
(4) There has been a re-entrenchment of revolutionary
forces in the political system in Iran. Elections held in
February 2004 resulted in significant gains by conservative
hard-liners affiliated with the regime's clerical army, the
Pasdaran, culminating in the election of President Mahmoud
Ahmadinejad.
(5) Over the past decade, human rights have been in steady
decline in Iran. Torture, executions after unfair trials, and
censorship of all media remain rampant throughout the country.
Stoning, amputation, flogging, and beheading are used as
methods of punishment.
(6) Since his rise to power, President Ahmadinejad has
embarked upon a concerted campaign of domestic repression,
including new restrictions on radio, television, and film
content, a ban on the publication of virtually all books, and
an expansion in the activities of the regime's ``morals
police''.
(7) The United Nations General Assembly adopted Resolution
60/171 on December 16, 2005, to express its grave concern over
the deteriorating human rights situation in Iran. The
resolution urges the Government of Iran ``to ensure full
respect for the rights to freedom of assembly, opinion and
expression ... to eliminate the use of torture and other cruel,
inhuman or degrading treatment or punishment ... [and] to
eliminate, in law and in practice, all forms of discrimination
based on religion, ethnicity, or linguistic grounds.
(8) The 2005 State Department Country Reports on Human
Rights Practices states that ``the Government's poor human
rights record worsened, and it continued to commit numerous,
serious abuses''.
(9) According to Human Rights Watch's World Report 2006,
many of the human rights violations committed in Iran were
performed by quasi-official ``parallel institutions'', which
include ``paramilitary groups and plainclothes intelligence
agents [that] violently attack peaceful protesters, and
intelligence services [that] run illegal secret prisons and
interrogation centers''. Uniformed police officers are fearful
of challenging plainclothes agents, who belong to groups such
as Ansar-e Hizbollah and Basij.
(10) According to the 2005 State Department International
Religious Freedom Report, the population of Iran is 89 percent
Shi'a Muslim and 8 percent Sunni Muslim; less than one percent
of the remaining population is comprised of Baha'is, Jews,
Christians, Mandaeans, and Zoroastrians.
(11) Religious minorities in Iran face significant
discrimination, including imprisonment, harassment, and
intimidation. Accordingly, the Secretary of State has, since
1999, designated Iran as a country of particular concern
pursuant to section 402(b)(1)(A) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)).
(12) Ambeyi Ligabo, United Nations Special Rapporteur on
the Right to Freedom of Opinion and Expression, submitted a
report to the Commission on Human Rights in 2004 on ``Civil and
Political Rights, Including the Question of Freedom of
Expression''. Mr. Ligabo asserted that ``the climate of fear
induced by the systematic repression of people expressing
critical views against the authorized political and religious
doctrine and the functioning of the institutions coupled with
the severe and disproportionate sentences imposed lead to self-
censorship on the part of many journalists, intellectuals,
politicians, students and the population at large, thus in
effect impeding freedom of expression''.
(13) Amnesty International's 2003 Report on Iran detailed
the arrest of Iranian-born Canadian journalist Zahra Kazemi for
taking photographs outside Evin prison in Tehran on June 23,
2003. Over the course of her detention, judicial officials
interrogated Ms. Kazemi for three days. While in custody, Ms.
Kazemi was beaten, and she died of a brain hemorrhage on July
23, 2003.
(14) Men and women are not equal under the laws of Iran,
and women are legally deprived of their basic rights. The 2005
State Department Country Reports on Human Rights Practices
stated that the weight of a woman's court testimony in Iran is
half that of a man's testimony and the family of a female crime
victim in that country receives only half the amount of ``blood
money'' provided to the family of a male crime victim. The
Government of Iran mandates gender segregation in most public
spaces, including on public buses and at entrances to public
buildings, universities, and airports.
(15) The April 28, 2006, Department of State Patterns of
Global Terrorism Report states that Iran remained the most
active state sponsor of terrorism in 2005.
(16) There exists a broad-based movement and desire for
political change in the Islamic Republic of Iran that is pro-
democratic and seeks freedom and economic opportunity, and
which represents all sectors of Iranian society, including
youth, women, students, military personnel, and religious
figures.
(17) The people of Iran have increasingly expressed
frustration at the slow pace of reform in Iran, and any efforts
for nonviolent change in their society have been suppressed.
(18) On September 7, 2006, Mohammad Khatami, President of
Iran from 1997 to 2005, became the highest ranking Iranian to
visit Washington, DC, since the hostage crisis of 1979, despite
his government's state sponsorship of terrorism, repression of
political opponents, and dismal human rights record and the
advancement of Iran's uranium enrichment program.
(19) President Ahmadinejad is moving to limit freedom of
expression in higher education. On September 5, 2006, he
expressed concern that universities were too secular and called
for a purge of liberal and secular faculty members from
universities in Iran.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President
$100,000,000 for fiscal year 2007 to carry out sections 201, 303, and
304.
TITLE I--HUMAN RIGHTS AND DEMOCRACY IN IRAN
SEC. 101. DECLARATION OF POLICY.
It is the policy of the United States--
(1) to make the deplorable human rights record of the
Government of Iran a top concern and priority of United States
foreign policy;
(2) to keep the deplorable human rights record of Iran a
top priority, irrespective of ongoing nuclear issues;
(3) to support independent human rights groups inside and
outside Iran who maintain internationally recognized human
rights standards, including those provided for in the Universal
Declaration of Human Rights and the Helsinki Commitments;
(4) to support a transparent and full transition to
democracy in Iran;
(5) to support an internationally-monitored referendum by
which the people of Iran can peacefully change the system of
government in that country;
(6) to support the aspirations of the people of Iran to
live in freedom; and
(7) to support independent pro-democracy forces in Iran and
abroad in order to encourage them to change the system of
government in Iran without direct United States military
involvement.
SEC. 102. SENSE OF CONGRESS ON THE IMPORTANCE OF HUMAN RIGHTS IN IRAN.
It is the sense of Congress that--
(1) there is a direct relationship between the state of
freedom and democracy within Iran and the efforts of the
current regime of Iran to acquire nuclear weapons and the long-
term success of the global war on terror; and
(2) it is essential that the issue of human rights
violations in Iran should remain a top United States foreign
policy priority, independent of efforts to address the nuclear
threat in Iran.
SEC. 103. SPECIAL ENVOY ON HUMAN RIGHTS IN IRAN.
(a) Appointment of Special Envoy.--The President shall appoint a
special envoy for human rights in Iran within the Department of State
(in this Act referred to as the ``Special Envoy''). The Special Envoy
should--
(1) be a person of recognized distinction in the field of
human rights;
(2) not be an incumbent official of the Department of
State; and
(3) report directly to the Secretary of State.
(b) Duties.--
(1) In general.--The Special Envoy shall coordinate and
promote efforts to improve respect for the fundamental human
rights of the people of Iran and work with organizations
committed to promoting democracy in Iran.
(2) Specific duties.--The Special Envoy shall have the
following duties:
(A) Supporting international efforts to promote
human rights and political freedoms in Iran, including
coordination between the United States and the United
Nations, the European Union, the Organization for
Security and Cooperation in Europe (OSCE), and
countries in the region to promote these efforts and to
establish the regional framework under section 104.
(B) Coordinating with appropriate offices of the
Department of State, the Department of Defense, the
National Security Council, and such other agencies as
may be necessary to coordinate the establishment and
operation of the regional framework.
(C) Serving as point of contact for opposition
groups, diaspora groups, and nongovernmental
organizations interested in advocating democracy and
human rights in Iran.
(D) Coordinating efforts with appropriate
departments and agencies of the United States
Government, international organizations,
nongovernmental organizations, and individuals and
organizations from the Iranian diaspora to acquire
greater information and reporting on conditions in
Iran.
(E) Overseeing funding for, and providing
consultative authority with respect to, public and
private broadcasting into Iran.
(F) Reviewing strategies for improving the
protection of human rights in Iran, including technical
training and exchange programs.
(G) Coordinating with the United States
representative on the Board of Directors of the Global
Fund to Fight HIV/AIDS, Tuberculosis, and Malaria to
properly evaluate and screen all allocations of United
States contributions to the Global Fund that could be
available to the Government of Iran.
(c) Report on Activities.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for each of the
following 5 years, the Special Envoy shall submit to the appropriate
congressional committees a report on the activities undertaken in the
preceding 12 months under subsection (b).
SEC. 104. ESTABLISHMENT OF REGIONAL FRAMEWORK.
(a) Finding.--Congress finds that human rights initiatives can be
undertaken on a multilateral basis, as demonstrated by the OSCE, which
established a regional framework for discussing human rights,
scientific and educational cooperation, and economic and trade issues.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government should explore the possibility of a regional human
rights dialogue with Iran that is modeled on the Helsinki process
established by the OSCE, engaging all countries in the region in a
common commitment to respect human rights and fundamental freedoms.
SEC. 105. SENSE OF CONGRESS ON THE ROLE OF THE UNITED NATIONS.
It is the sense of Congress that the United Nations has a
significant role to play in promoting and improving human rights in
Iran, and that--
(1) the United Nations General Assembly has taken positive
steps by adopting Resolution 60/171, which expresses its grave
concern over the deteriorating human rights situation in Iran;
(2) the severe human rights violations in Iran warrant
country-specific attention and reporting by the United Nations
Working Group on Arbitrary Detention, the United Nations
Working Group on Enforced and Involuntary Disappearances, the
Special Rapporteur on Extrajudicial, Summary, or Arbitrary
Executions, the Special Rapporteur on the Promotion and
Protection of the Right to Freedom of Opinion and Expression,
the Special Rapporteur on Freedom of Religion or Belief, and
the Special Rapporteur on Violence Against Women;
(3) United Nations member states should not support Iran as
a member of the United Nations Human Rights Council until the
Government of Iran has made significant progress in its human
rights record, including the adherence to the Universal
Declaration on Human Rights; and
(4) the Special Envoy should work with the United Nations
to compile accurate statistical data on social and political
conditions inside Iran.
SEC. 106. SENSE OF CONGRESS ON VISA POLICY.
It is the sense of Congress that the commitment to human rights and
democracy of a national of Iran who has applied for a visa to enter the
United States should be considered when determining the eligibility of
such national for the visa.
TITLE II--FOREIGN ASSISTANCE
SEC. 201. ASSISTANCE TO INDIVIDUALS, ORGANIZATIONS, AND ENTITIES THAT
SUPPORT HUMAN RIGHTS AND DEMOCRACY IN IRAN.
(a) Authority.--The President is authorized to provide financial
and political assistance, including grants, to foreign and domestic
individuals, organizations, and entities that support human rights,
democracy, and the promotion of democracy in Iran and that are opposed
to the non-democratic Government of Iran and its deplorable human
rights record.
(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 the Government of 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 all
people of Iran; and
(6) supports freedom of the press, freedom of speech,
freedom of association, and freedom of religion and other
internationally recognized human rights.
(c) Funding.--The President may provide assistance under this
section acting through the Special Envoy.
(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 appropriate congressional
committees of such obligation of assistance.
SEC. 202. ASSISTANCE TO THE GOVERNMENT OF IRAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) notwithstanding any other provision of law, United
States nonhumanitarian assistance to Iran should be contingent
on--
(A) substantial progress being made in that country
toward respecting the basic human rights of the people
of Iran; and
(B) the transition to a full, transparent
democracy; and
(2) United States humanitarian assistance to any
department, agency, or entity of the Government of Iran
should--
(A) be delivered, distributed, and monitored
according to internationally recognized humanitarian
standards;
(B) be provided on a needs basis, and not used as a
political reward or tool of coercion; and
(C) reach the intended beneficiaries, who should be
informed of the source of the assistance.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of Foreign Assistance shall submit
to the appropriate congressional committees a report describing
compliance with this section and describing assistance provided to Iran
by international organizations to which the United States provides
assistance.
TITLE III--BROADCASTING AND OTHER PUBLIC INFORMATION
SEC. 301. UNITED STATES POLICY REGARDING BROADCASTING IN IRAN.
(a) Statement of Policy.--It is the policy of the United States to
help the people of Iran achieve a free press and build an open,
democratic, and free society.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) effectively communicating democratic ideals to the
people of Iran is essential to fostering change in that
country; and
(2) United States public broadcasting into Iran has in the
past been intentionally undermined by the actions of foreign
governments.
SEC. 302. REFORM OF RADIO FARDA AND VOICE OF AMERICA PERSIAN SERVICE.
(a) In General.--The Broadcasting Board of Governors shall--
(1) require the head of Radio Farda and the head of Voice
of America Persian Service to develop programming in
consultation with--
(A) the Special Envoy;
(B) individuals, organizations, and entities
eligible for political and financial assistance in
accordance with section 201(b); and
(C) representatives from the Middle East
Partnership Initiative, the Bureau of Educational and
Cultural Affairs, and the Bureau of Democracy, Human
Rights, and Labor of the Department of State;
(2) ensure that a significant percentage of the broadcast
time on Radio Farda and the Voice of America Persian Service is
devoted to discussing peaceful democratic change in Iran,
including a full, transparent transition to democracy in that
country, the consequences of a lack of democratic reform for
the people of Iran, and democratic reforms in other countries,
and to promoting human rights in Iran and other countries
around the world;
(3) ensure that Radio Farda devotes not more than \1/2\ of
its broadcast time to music and entertainment; and
(4) ensure that fluent Farsi speakers employed by Radio
Farda and the Voice of America Persian Service produce English
summaries of their respective organizations' broadcasts on a
weekly basis and make such summaries available to the Special
Envoy.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the chairman of the Broadcasting Board of
Governors shall submit to the appropriate congressional committees a
report that--
(1) describes compliance with subsection (a);
(2) reviews programming options for Radio Farda as
presented in the consultation process described in paragraph
(1) of such subsection;
(3) lists Radio Farda programs selected from the options
presented in the consultation process described in such
paragraph; and
(4) describes how Voice of America Persian Service
programming fulfills the principles of the Voice of America
charter.
(c) Prohibition on Use of Funds To Employ Certain Individuals.--
None of the funds appropriated or otherwise made available by an Act
making appropriations for foreign operations, export financing, and
related programs or any other Act may be used to pay the salary of any
employee of the Broadcasting Board of Governors, Voice of America, or
Radio Farda who has, within the previous 10 years, been employed by the
Iranian Information Ministry, or any official news agency of the
Government of Iran, including the Islamic Republic News Agency.
(d) Sense of Congress.--It is the sense of Congress that the
Broadcasting Board of Governors should make every effort to prevent the
broadcast of explicitly anti-American sentiments from any of its
correspondents or guests.
SEC. 303. TRANSLATION AND DISTRIBUTION OF INFORMATION.
The Special Envoy may provide grants to appropriate entities that
are eligible for political and financial assistance in accordance with
section 201(b) or section 304(b)(4) to create and maintain websites and
translate and distribute books, videos, documents, and other materials
on human rights, democracy, the rule of law, free market economics, and
related topics.
SEC. 304. BROADCASTING TO PROMOTE DEMOCRACY IN IRAN.
(a) Grant Program.--The Special Envoy is authorized to award grants
to eligible entities for the purpose of funding broadcasting programs
and activities to promote a full, transparent transition to democracy
in Iran.
(b) Eligibility.--The following persons and entities are eligible
for grants under subsection (a):
(1) Individuals, organizations, and entities that are
eligible for political and financial assistance in accordance
with section 201(b).
(2) Individuals, organizations, and entities that provide
radio or television broadcasting into Iran that includes
programming intended to promote a full, transparent transition
to democracy in Iran.
(3) Individuals, organizations, and entities that are
working to promote the holding of an internationally-monitored
referendum in Iran.
(4) Individuals, organizations, and entities that
facilitate communication with the people of Iran via the
Internet, including websites, Internet broadcasts, webblogs,
and other forms of online communication, that promote a full,
transparent transition to democracy in Iran.
SEC. 305. SANCTIONS RELATING TO RADIO JAMMING AND TELEVISION.
The President may impose diplomatic and, if necessary, economic
sanctions on foreign governments or entities that assist the Government
of Iran in jamming, blocking, or otherwise preventing the free
transmission of United States Government radio and television
broadcasts into Iran.
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