[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 879 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 879

             To promote human rights and democracy in Iran.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2011

Mr. Kirk (for himself, Mrs. Gillibrand, and Mr. Cornyn) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
             To promote human rights and 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Iran Human Rights 
and Democracy Promotion Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Declaration of policy.
Sec. 3. Definitions.
Sec. 4. Mandatory investigations to identify persons who are 
                            responsible for or complicit in human 
                            rights abuses committed against citizens of 
                            Iran or their family members after the June 
                            12, 2009, elections in Iran.
Sec. 5. Imposition of sanctions with respect to the transfer of goods 
                            or technologies to Iran that may be used to 
                            commit human rights abuses.
Sec. 6. Iran Freedom Support Act reauthorization.
Sec. 7. Special representative on human rights and democracy in Iran.
Sec. 8. Sense of Congress on political prisoners.
Sec. 9. Comprehensive strategy to promote Internet freedom and access 
                            to information in Iran.

SEC. 2. DECLARATION OF POLICY.

    (a) Finding.--Congress finds that 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 massive, systematic, and extraordinary violations 
of the human rights of its own citizens.
    (b) Declaration of Policy.--It shall be the policy of the United 
States--
            (1) to deny the Government of the Islamic Republic of Iran 
        the ability to continue to oppress the people of Iran and to 
        use violence and executions against pro-democracy protestors 
        and regime opponents;
            (2) to fully and publicly support efforts made by the 
        people of Iran to promote the establishment of basic freedom, 
        which build the foundation for the emergence of a freely 
        elected, open, and democratic political system;
            (3) to help the Iranian people produce, access, and share 
        information freely and safely via the Internet and through 
        other media; and
            (4) to defeat all attempts by the Government of the Islamic 
        Republic of Iran to jam or otherwise deny international 
        satellite broadcast signals.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Finance, and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Ways and Means, and the Committee on Financial 
                Services of the House of Representatives.
            (3) United states person.--The term ``United States 
        person'' has the meaning given that term in section 101(10) of 
        the Comprehensive Iran Sanctions, Accountability, and 
        Divestment Act of 2010 (22 U.S.C. 8511(10)).

SEC. 4. MANDATORY INVESTIGATIONS TO IDENTIFY PERSONS WHO ARE 
              RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES 
              COMMITTED AGAINST CITIZENS OF IRAN OR THEIR FAMILY 
              MEMBERS AFTER THE JUNE 12, 2009, ELECTIONS IN IRAN.

    (a) Sense of Congress.--It is the sense of Congress that President 
of Iran Mahmoud Ahmadinejad, as the head of state, is responsible for 
ordering, controlling, and otherwise directing the commission of 
serious human rights abuses against citizens of Iran on or after June 
12, 2009.
    (b) Mandatory Investigations.--Section 105 of the Comprehensive 
Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 
8514) is amended--
            (1) in subsection (a), by striking ``subsection (b)'' and 
        inserting ``subsection (b)(2)''; and
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking ``List'' 
                and inserting ``Identification'';
                    (B) by striking paragraphs (1), (2), and (3) and 
                inserting the following:
            ``(1) Investigations; determinations.--
                    ``(A) In general.--Upon receiving credible 
                information that a person may be a person described in 
                subparagraph (B), the President shall initiate an 
                investigation and, not later than 180 days after 
                initiating the investigation, make a determination with 
                respect to whether the person is a person described in 
                subparagraph (B).
                    ``(B) Person described.--A person described in this 
                subparagraph is a person that--
                            ``(i) is an official of the Government of 
                        Iran or is acting on behalf of that Government 
                        (including a member of a paramilitary 
                        organization such as Ansar-e-Hezbollah and 
                        Basij-e Mostaz'afin); and
                            ``(ii) is responsible for or complicit in, 
                        or responsible for ordering, controlling, or 
                        otherwise directing, the commission of serious 
                        human rights abuses against citizens of Iran or 
                        their family members on or after June 12, 2009, 
                        regardless of whether such abuses occurred in 
                        Iran.
            ``(2) List.--
                    ``(A) In general.--The President shall submit to 
                the appropriate congressional committees a list of each 
                person the President determines is a person described 
                in paragraph (1)(B)--
                            ``(i) not later than 210 days after the 
                        date of the enactment of the Iran Human Rights 
                        and Democracy Promotion Act of 2011, and every 
                        180 days thereafter; and
                            ``(ii) as new information becomes 
                        available.
                    ``(B) Form of report; public availability.--
                            ``(i) Form.--The list required by 
                        subparagraph (A) shall be submitted in 
                        unclassified form but may contain a classified 
                        annex.
                            ``(ii) Public availability.--The 
                        unclassified portion of the list required by 
                        subparagraph (A) shall be made available to the 
                        public and posted on the Web sites of the 
                        Department of the Treasury and the Department 
                        of State.'';
                    (C) by redesignating paragraph (4) as paragraph 
                (3); and
                    (D) in paragraph (3), as redesignated, by striking 
                ``In preparing the list required by paragraph (1)'' and 
                inserting ``For purposes of initiating investigations 
                and making determinations under paragraph (1)''.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS 
              OR TECHNOLOGIES TO IRAN THAT MAY BE USED TO COMMIT HUMAN 
              RIGHTS ABUSES.

    (a) Investigations; Determinations.--
            (1) In general.--Except as provided in paragraph (3), upon 
        receiving credible information that a person may have engaged 
        in an activity described in paragraph (2), the President shall 
        initiate an investigation and, not later than 180 days after 
        initiating the investigation, make a determination with respect 
        to whether that person engaged in that activity.
            (2) Activity described.--
                    (A) In general.--A person engages in an activity 
                described in this subparagraph if the person, on or 
                after the date of the enactment of this Act--
                            (i) transfers, or facilitates the transfer 
                        of, goods or technologies described in 
                        subparagraph (C) to Iran; or
                            (ii) provides services with respect to 
                        goods or technologies described in subparagraph 
                        (C) after such goods or technologies are 
                        transferred to Iran.
                    (B) Applicability to contracts and other 
                agreements.--A person engages in an activity described 
                in subparagraph (A) without regard to whether the 
                activity is carried out pursuant to a contract or other 
                agreement entered into before, on, or after the date of 
                the enactment of this Act.
                    (C) Goods or technologies described.--Goods or 
                technologies described in this subparagraph are--
                            (i) firearms or ammunition (as those terms 
                        are defined in section 921 of title 18, United 
                        States Code), accessories for firearms, rubber 
                        bullets, clubs, batons, police sticks, mace, 
                        stun grenades, tasers or other electroshock 
                        weapons, tear gas, water cannons, motorcycles, 
                        or surveillance technology;
                            (ii) sensitive technology (as defined in 
                        section 106(c) of the Comprehensive Iran 
                        Sanctions, Accountability, and Divestment Act 
                        of 2010 (22 U.S.C. 8515(c)); and
                            (iii) other goods or technologies that the 
                        President determines may be used by the 
                        Government of Iran to commit human rights 
                        abuses against the people of Iran.
            (3) Special rule to allow for termination of sanctionable 
        activity.--The President shall not be required to initiate an 
        investigation, and may terminate an investigation, under this 
        subsection if the President certifies in writing to the 
        appropriate congressional committees that--
                    (A) the person whose activity was the basis for the 
                investigation is no longer engaging in the activity or 
                has taken significant verifiable steps toward stopping 
                the activity; and
                    (B) the President has received reliable assurances 
                that the person will not knowingly engage in an 
                activity described in paragraph (2) in the future.
    (b) List.--
            (1) In general.--The President shall submit to the 
        appropriate congressional committees a list of each person the 
        President determines has engaged in an activity described in 
        subsection (a)(2)--
                    (A) not later than 210 days after the date of the 
                enactment of this Act, and every 180 days thereafter; 
                and
                    (B) as new information becomes available.
            (2) Form of list.--The list required by paragraph (1) shall 
        be submitted in unclassified form but may contain a classified 
        annex.
    (c) Asset Freeze.--The President shall freeze and prohibit all 
transactions in all property and interests in property of a person on 
the list required by subsection (b) if such property and interests in 
property are in the United States, come within the United States, or 
are or come within the possession or control of a United States person.
    (d) Waiver Authority.--The President may waive the application of 
this section with respect to a person if the President--
            (1) determines that such a waiver is in the national 
        interest of the United States; and
            (2) submits to the appropriate congressional committees a 
        report describing the reasons for the waiver.
    (e) Termination.--The provisions of this section shall terminate on 
the date described in section 105(d) of the Comprehensive Iran 
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 
8514(d)).

SEC. 6. IRAN FREEDOM SUPPORT ACT REAUTHORIZATION.

    (a) Additional Forms of Assistance.--Section 302(a)(1) of the Iran 
Freedom Support Act (Public Law 109-293; 22 U.S.C. 2151 note) is 
amended by adding at the end the following: ``Such assistance may also 
include the award of grants and the formation of public-private 
partnerships to facilitate or subsidize the enrollment in or directly 
provide Internet-based Farsi- or English-language higher education 
courses for people in Iran denied access to higher education solely on 
the basis of their race, religion, ethnicity, language, sexual 
orientation, belief, or lifestyle.''.
    (b) Use of Near East Regional Democracy Funds.--Section 302(c)(1) 
of such Act is amended by striking ``and the Human Rights and Democracy 
Fund'' and inserting ``the Human Rights and Democracy Fund, and the 
Near East Regional Democracy program''.
    (c) Reauthorization.--Section 302(f) of such Act is amended by 
striking ``2011'' and inserting ``2016''.

SEC. 7. SPECIAL REPRESENTATIVE ON HUMAN RIGHTS AND DEMOCRACY IN IRAN.

    (a) Appointment.--The President shall appoint a Special 
Representative on Human Rights and Democracy in Iran (in this Act 
referred to as the ``Special Representative'') within the Department of 
State.
    (b) Qualifications.--The Special Representative should be a person 
of recognized distinction in the field of human rights and democracy 
promotion who shall have the rank of ambassador and shall hold the 
office at the pleasure of the President.
    (c) Duties.--The Special Representative shall carry out the 
following duties:
            (1) Coordinate United States Government-wide activities 
        that promote human rights, democracy, political freedom, and 
        religious freedom inside Iran.
            (2) Coordinate United States Government-wide activities 
        that promote human rights, political freedom, and religious 
        freedom for Iranian refugees and asylees living outside Iran.
            (3) Ensure the comprehensive investigation and designation 
        of Iranian human rights abusers in accordance with section 105 
        of the Comprehensive Iran Sanctions, Accountability, and 
        Divestment Act of 2011 (22 U.S.C. 8514).
            (4) Coordinate the documentation and publicity of political 
        dissidents and cases of human rights abuse inside Iran.
            (5) Coordinate multilateral efforts to build international 
        support for the promotion of human rights, democracy, political 
        freedom, and religious freedom in Iran, including broadcasting, 
        Internet access, and dissemination of information.
            (6) Encourage the United Nations, multilateral 
        organizations, and human rights nongovernmental organizations 
        to more robustly investigate and report on human rights abuses 
        in Iran.
            (7) Encourage foreign governments to downgrade or sever 
        diplomatic relations with the Government of Iran, enact 
        economic sanctions, and assist Iranian dissidents in response 
        to the Government of Iran's continued violations of human 
        rights.
            (8) Encourage foreign governments to expel the Islamic 
        Republic of Iran from international forums and organizations 
        with a human rights component, including the United Nations 
        Commission on the Status of Women, the United Nations 
        Educational, Scientific and Cultural Organization, the United 
        Nations Children's Fund, and the International Labour 
        Organisation.
            (9) Coordinate all programs funded under the Iran Freedom 
        Support Act (Public Law 109-293; 22 U.S.C. 2151 note).
    (d) Authority.--
            (1) Coordination of activities.--The Special Representative 
        shall coordinate all activities related to Iran carried out by 
        the Bureau of Near Eastern Affairs, the Bureau of Democracy, 
        Human Rights and Labor, and the Bureau of Population, Refugees 
        and Migration of the Department of State, the Ambassador at 
        Large for International Religious Freedom, the Special Envoy to 
        Monitor and Combat Anti-Semitism, the United States Commission 
        on International Religious Freedom, the National Endowment for 
        Democracy, and the Broadcasting Board of Governors.
            (2) Coordination of use of funds.--The Special 
        Representative shall coordinate and oversee the obligation and 
        expenditure of funds related to human rights, democracy, 
        Internet freedom, and broadcasting activities in Iran, 
        including funds made available for such purposes to the Middle 
        East Partnership Initiative (MEPI), the Broader Middle East, 
        and North Africa Initiative, the Human Rights and Democracy 
        Fund, and Near Eastern Regional Democracy.
    (e) Diplomatic Representation.--Subject to the direction of the 
President and the Secretary of State, the Special Representative is 
authorized to represent the United States in matters and cases relevant 
to the promotion of human rights, democracy, political freedom, and 
religious freedom in Iran in--
            (1) contacts with foreign governments, intergovernmental 
        organizations, and specialized agencies of the United Nations, 
        the Organization of Security and Cooperation in Europe, and 
        other international organizations of which the United States is 
        a member; and
            (2) multilateral conferences and meetings relevant to the 
        promotion of human rights, democracy, political freedom, and 
        religious freedom in Iran.
    (f) Consultations.--The Special Representative shall consult with 
domestic and international nongovernmental organizations, unions, 
multilateral organizations and institutions as the Special 
Representative considers appropriate to fulfill the purposes of this 
Act.
    (g) Funding.--Of prior year funds made available for ``Near East 
Regional Democracy'', the Secretary of State shall provide to the 
Special Representative such sums as may be necessary for fiscal year 
2012 for the hiring of staff, for the conduct of investigations, and 
for necessary travel to carry out the provisions of this Act.

SEC. 8. SENSE OF CONGRESS ON POLITICAL PRISONERS.

    It is the sense of Congress that--
            (1) the Secretary of State should support efforts to 
        research and catalogue prisoners of conscience and cases of 
        human rights abuses inside Iran;
            (2) the United States Government should offer political 
        asylum in the United States to such political prisoners if 
        requested, and offer to assist, through the United Nations High 
        Commissioner for Refugees, with the relocation of such 
        political prisoners to other countries if requested, as 
        appropriate and with due consideration for United States 
        national security interests;
            (3) the Special Representative for Democracy and Human 
        Rights in Iran and all representatives of the United States 
        Government should publicly call for the release of Iranian 
        dissidents by name and raise individual cases of Iranian 
        dissidents and prisoners of conscience as appropriate; and
            (4) the Special Representative for Democracy and Human 
        Rights in Iran should be included in all diplomatic meetings 
        conducted with representatives of the Government of the Islamic 
        Republic of Iran.

SEC. 9. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS 
              TO INFORMATION IN IRAN.

    Not later than 90 days after the date of the enactment of this Act, 
the President, in coordination with the Special Representative on Human 
Rights and Democracy in Iran, shall submit to the Committees on 
Appropriations and Foreign Affairs of the House of Representatives and 
the Committees on Appropriations and Foreign Relations of the Senate a 
comprehensive strategy developed in consultation with the Department of 
State, other Federal agencies, the National Endowment for Democracy, 
the Broadcasting Board of Governors, and nongovernmental organizations, 
including current implementers and unions, as appropriate, to--
            (1) help the people of Iran produce, access, and share 
        information freely and safely via the Internet, including in 
        Farsi and regional languages;
            (2) support the development of counter-censorship 
        technologies that enable the citizens of Iran to undertake 
        Internet activities without interference from their government;
            (3) increase the capabilities and availability of secure 
        mobile communications among human rights and democracy 
        activists in Iran;
            (4) provide resources for digital safety training for 
        media, unions, and academic and civil society organizations in 
        Iran;
            (5) increase the amount of accurate Internet content in 
        local languages in Iran;
            (6) increase emergency resources for the most vulnerable 
        human rights advocates seeking to organize, share information, 
        and support human rights in Iran;
            (7) expand surrogate radio, television, live stream, and 
        social network communications inside Iran and improve Voice of 
        America's Persian News Network and Radio Free Europe/Radio 
        Liberty's Radio Farda to provide 24/7 hourly live news update 
        and breaking news coverage capability;
            (8) expand activities to safely assist and train human 
        rights, civil society, and union activists in Iran to operate 
        effectively and securely;
            (9) defeat all attempts by the Government of Iran to jam or 
        otherwise deny international satellite broadcasting signals; 
        and
            (10) expand worldwide United States embassy and consulate 
        programming for and outreach to Iranian dissident communities.
                                 <all>