[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3008 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3008
To establish a program to support a transition to a freely elected,
open democracy in Iran.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2010
Mr. Cornyn (for himself and Mr. Brownback) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To establish a program to support a transition to a freely elected,
open 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 Democratic Transition Act of
2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of the Islamic Republic of Iran has a
history of violating the human rights of its own citizens.
(2) According to the Department of State's 2008 Country
Report on Human Rights Practices, the Government of the Islamic
Republic of Iran and its agents--
(A) have tortured detainees and prisoners; and
(B) have committed numerous arbitrary and unlawful
killings, including the killing of juveniles.
(3) On January 28, 2010, the Government of the Islamic
Republic of Iran hanged 2 men accused of participating in
protests following the disputed June 12, 2009, presidential
election.
(4) On February 2, 2010, Ebrahim Raisi, a senior member of
Iran's judiciary, announced that 9 additional dissidents would
soon be hanged for their opposition to the Islamic regime.
(5) On June 12, 2009, the Islamic Republic of Iran staged a
presidential election that--
(A) was marred by--
(i) fraud;
(ii) the barring of candidate observers at
many polling stations;
(iii) a shut-down of Internet and text
services by the regime; and
(iv) violent repression of protests; and
(B) despite widespread protests, resulted in the
certification of incumbent President Mahmoud
Ahmadinejad as the winner.
(6) The Government of the Islamic Republic of Iran--
(A) increasingly restricts the operation of
international media within Iran, including the February
7, 2010, arrest of 7 people associated with Radio Free
Europe/Radio Liberty's Persian language program, Radio
Farda; and
(B) imposes significant restrictions on Iranian
press outlets, including--
(i) the jailing and torturing of numerous
media employees; and
(ii) restricting Iranian citizens' access
to the Internet.
(7) According to the Department of State's 2009
International Religious Freedom report regarding Iran, in the
1-year period ending June 30, 2009--
(A) ``respect for religious freedom in [Iran]
continued to deteriorate''; and
(B) ``[g]overnment rhetoric and actions created a
threatening atmosphere for nearly all non-Shi'a
religious groups''.
(8) January 12, 2010, was the first day of a show trial for
7 Iranian Baha'i leaders accused of espionage, which could
result in the imposition of the death penalty.
(9) According to the 2008 Department of State Country
Reports on Terrorism, published in April 2009, Iran--
(A) ``remained the most significant state sponsor
of terrorism'';
(B) ``has long employed terrorism to advance its
key national security and foreign policy interests,
which include regime survival, regional dominance,
opposition to Arab-Israeli peace, and countering
western influence, particularly in the Middle East'';
(C) continues to hinder the Middle East peace
process by using the Islamic Revolutionary Guard Corps
Qods to arm, train, and fund militants and terrorist
organizations, including Hamas, Lebanese Hizballah, and
the Palestinian Islamic Jihad; and
(D) despite its pledge to support stabilization in
Iraq, has used the Islamic Revolutionary Guard Corps
Qods to cultivate and support certain Iraqi Shi'a
militant groups.
(10) Iran's support for militant and terrorist
organizations--
(A) has directly bolstered Hamas' ability to strike
Israel; and
(B) includes the supply of arms to Hezbollah in
direct violation of United Nations Security Council
Resolution 1701.
(11) The report also states that--
(A) ``despite a dramatic decrease in attacks in
Iraq since August 2008, security remains fragile, in
part because the Qods Force continued to provide lethal
support to select Iraqi militant groups that target
U.S., Iraqi and Coalition forces''; and
(B) ``Iranian weapons transfers to select Taliban
members in Afghanistan in 2008 continued to threaten
Afghan and NATO troops operating under UN mandate and
undermine stabilization efforts in that country''.
(12) On October 26, 2005, Iranian President Mahmoud
Ahmadinejad stated, ``to those who doubt, to those who ask is
it possible or those who do not believe, I say accomplishment
of a world without America and Israel is both possible and
feasible''.
(13) On June 2, 2008, Ahmadinejad stated that Israel--
(A) ``will be wiped off the pages of history''; and
(B) ``is about to die and will soon be erased from
the geographical scene. . . . Today, the time for the
fall of the satanic power of the United States has come
and the countdown to the annihilation of the emperor of
power and wealth has started''.
(14) Iran's Supreme Leader, Ayatollah Ali Khamenei--
(A) gave a speech on March 4, 2009, in which he
referred to the State of Israel as a ``cancerous
tumor'' and indicated that negotiations with Israel
were a ``big mistake''; and
(B) posted on his official website on January 27,
2010, ``the day will come when nations of the region
will witness the destruction of the Zionist regime''.
(15) On September 21, 2009, Iran revealed to the
International Atomic Energy Agency that it was constructing a
second uranium enrichment at an underground site near Qom.
(16) United States intelligence officials have said that
despite this notification--
(A) Iran originally intended for the facility to be
kept secret;
(B) the United States had been ``observing and
analyzing the facility for several years''; and
(C) President Barack Obama has noted that ``the
size and configuration of this facility is inconsistent
with a peaceful program''.
(17) On February 3, 2010, Director of National Intelligence
Dennis Blair stated, in written testimony to Congress, ``Iran's
technical advancement, particularly in uranium enrichment,
strengthens our 2007 NIE [National Intelligence Estimate]
assessment that Iran has the scientific, technical and
industrial capacity to eventually produce nuclear weapons,
making the central issue its political will to do so. These
advancements lead us to reaffirm our judgment from the 2007 NIE
that Iran is technically capable of producing enough [highly
enriched uranium] for a weapon in the next few years, if it
chooses to do so.''
SEC. 3. DECLARATIONS OF POLICY TOWARD IRAN.
Congress makes the following declarations:
(1) The interests of the United States and international
peace are threatened by the ongoing and destabilizing actions
of the government of the Islamic Republic of Iran, including
its--
(A) massive, systematic, and extraordinary
violations of the human rights of its own citizens;
(B) continued interference with the internal
affairs of its neighbors, including Iraq and
Afghanistan;
(C) support for, and facilitation of, terrorist
activities; and
(D) attempts to develop weapons of mass destruction
and long-range missile delivery systems.
(2) It should be the policy of the United States to deny
the Government of the Islamic Republic of Iran the ability to
continue--
(A) to oppress the people of Iran and use violence
and executions against pro-democracy protestors and
regime opponents;
(B) to interfere in the internal affairs of its
neighbors, including Iraq and Afghanistan;
(C) to finance, provide safe-haven, or otherwise
support terrorist organizations; or
(D) to develop chemical, biological, radiological,
or nuclear weapons, and ballistic missile delivery
systems.
(3) It should be the policy of the United States--
(A) to fully and publicly support efforts made by
the people of Iran to oppose and remove the regime
headed by Supreme Leader Ali Hoseyni Khamenei and
President Mahmoud Ahmadinejad from power in Iran; and
(B) to promote the emergence of a freely elected,
open, and democratic government to replace the
political system of the Islamic Republic of Iran.
SEC. 4. ASSISTANCE TO SUPPORT A TRANSITION TO A FREELY ELECTED, OPEN
DEMOCRATIC GOVERNMENT IN IRAN.
(a) Authorization To Provide Assistance.--
(1) In general.--Notwithstanding any other provision of
law, the President is authorized to support a transition to a
freely elected, open, democratic government in Iran by
providing eligible Iranian democratic opposition organizations
with the assistance set forth in this subsection.
(2) Assistance for broadcasting and other communications.--
(A) In general.--The President may grant assistance
directly to Iranian democratic opposition organizations
for the communication and dissemination of accurate and
independent information to the Iranian people through
radio, television, Internet, cellular telephone, short
message service, and other media.
(B) Use of existing authority to support
democracy.--Notwithstanding any other provision of law
that may restrict or prohibit aid to Iran, Congress
urges the President to fully utilize existing
authorities and funding, including under the Iran
Freedom Support Act (Public Law 109-293) and the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84), to support and promote democracy
in Iran through assistance for pro-democracy
broadcasting into Iran and the dissemination of
accurate and independent information to the Iranian
people through various media.
(3) Humanitarian assistance.--Notwithstanding any other
laws that may bar aid to Iran, Congress urges the President to
use existing authorities under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) to provide humanitarian
assistance to individuals or groups determined by the President
to be victims of repression by the Government of the Islamic
Republic of Iran, particularly those individuals or groups
eligible for assistance under paragraph (1).
(4) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the Department of State such sums as
may be necessary for fiscal year 2010 to carry out this
subsection.
(B) Availability of funds.--Amounts authorized to
be appropriated under this section--
(i) are in addition to amounts otherwise
available for the purposes described in this
section; and
(ii) shall remain available until expended.
(b) Notification Requirement.--Not later than 15 days before each
obligation of assistance under this section, the President shall notify
the Committee on Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Appropriations of the
House of Representatives, in accordance with the procedures applicable
to reprogramming notifications under section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1).
(c) Eligibility Criteria.--An Iranian democratic opposition
organization may receive assistance under subsection (a) only if the
President determines that the organization--
(1) includes a broad spectrum of Iranian individuals or
groups that have a demonstrable and proven record of--
(A) opposition to the current Government of the
Islamic Republic of Iran; and
(B) commitment to fostering cooperation among
democratic opponents of the current Government of the
Islamic Republic of Iran;
(2) is dedicated to democratic values and supports the
adoption of a democratic form of government in Iran;
(3) is dedicated to respect for human rights, including the
fundamental equality of women;
(4) supports freedom of the press, freedom of speech,
freedom of association, and freedom of religion;
(5) officially opposes the use of violence and terrorism
and has not been designated as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) at any time;
(6) advocates the adherence by Iran to nonproliferation
regimes for nuclear, chemical, and biological weapons and
materiel; and
(7) is committed to peaceful relations with the countries
surrounding Iran.
(d) Restriction on Assistance.--Assistance may not be provided
under this section to any organization or individual that has, at any
time--
(1) engaged in military cooperation with the Government of
the Islamic Republic of Iran; or
(2) engaged in or supported an act of terrorism.
SEC. 5. SPECIAL ENVOY FOR DEMOCRACY AND HUMAN RIGHTS IN IRAN.
(a) Establishment.--The President may appoint, by and with the
advice and consent of the Senate, a Special Envoy for Democracy and
Human Rights in Iran (referred to in this section as the ``Special
Envoy''), who shall hold the rank of Ambassador.
(b) Duties.--
(1) Management of policy on promotion of democracy and
human rights.--The primary responsibility of the Special Envoy
shall be to manage United States policy on the promotion of
democracy and human rights in Iran.
(2) Other duties.--The Special Envoy shall--
(A) advise the President and the Secretary of
State, as appropriate;
(B) in coordination with the Assistant Secretary
for Near Eastern Affairs and the Assistant Secretary
for Democracy, Human Rights, and Labor, make
recommendations regarding effective strategies and
tactics to achieve a democratic transition in Iran;
(C) support and promote 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,
and countries in the region;
(D) establish the regional framework described in
section 6;
(E) coordinate 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;
(F) serve as point of contact for opposition
groups, nongovernmental organizations, and individuals
and organizations from the Iranian diaspora to acquire
greater information and reporting on conditions in
Iran;
(G) coordinate 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;
(H) oversee funding for, and provide consultative
authority with respect to, public and private
broadcasting into Iran; and
(I) review strategies for improving the protection
of human rights in Iran, including technical training
and exchange programs.
SEC. 6. SENSE OF CONGRESS ON ESTABLISHMENT OF REGIONAL FRAMEWORK ON
HUMAN RIGHTS.
(a) Finding.--Congress finds that human rights initiatives can be
undertaken on a multilateral basis, as demonstrated by the Organization
for Security and Cooperation in Europe, 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 on Iran that is modeled on the Helsinki process
established by the Organization for Security and Cooperation in Europe,
engaging in all countries in the region in a common commitment to
respect human rights and fundamental freedoms.
SEC. 7. OTHER SUPPORT FOR TRANSITION IN IRAN.
(a) Sense of Congress.--It is the sense of the Congress that, if
the Iranian people successfully restore full democratic rule to Iran,
the United States should fully support Iran's transition to a freely
elected, open democracy by providing--
(1) immediate and substantial humanitarian assistance to
the Iranian people; and
(2) democracy transition assistance to eligible Iranian
parties and movements with democratic goals.
(b) Report to Congress on Plan for United States Support.--Not
later than 90 days after the date of the enactment of this Act, the
President shall submit a report to Congress that describes a clear plan
for implementation of this Act, including aid programs, recipients, and
strategies to promote the emergence of a freely elected, open, and
democratic government in Iran.
(c) Report to Congress After Transition in Iran.--Not later than 90
days after the establishment of a transitional government in Iran, the
President shall submit a report to Congress, in classified and
unclassified form, that describes a comprehensive plan for United
States support of--
(1) the Iranian people during the transition to a new,
freely elected, open, and democratic government;
(2) the new Iranian government's efforts--
(A) to restore full human rights to the people of
Iran; and
(B) protect these rights in the future;
(3) the new Iranian government's commitment to dismantling
Iran's nuclear weapons program; and
(4) the new Iranian government's cessation of Iran's
historical financing and other support of Hamas, Hezbollah, and
other groups designated as foreign terrorist organizations by
the Secretary of State.
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