[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 26 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
S. CON. RES. 26

  Expressing the sense of Congress regarding the right of States and 
     local governments to maintain economic sanctions against Iran.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2015

   Mr. Kirk (for himself, Mr. Manchin, and Mr. Rubio) submitted the 
following concurrent resolution; which was referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of Congress regarding the right of States and 
     local governments to maintain economic sanctions against Iran.

Whereas Iran is a major threat to the national security of the United States and 
        its allies;
Whereas Iran is the world's leading state sponsor of terrorism and continues to 
        materially support Hezbollah, Hamas, and the regime of Bashar al-Assad;
Whereas Iran is responsible for severe violations of the human rights of the 
        people of Iran, including imprisonment, harassment, and torture against 
        dissidents and those critical of the Iranian regime such as human rights 
        defenders, lawyers, activists, and ethnic minorities;
Whereas the United States has led the international community in imposing 
        crippling economic sanctions against Iran for sponsoring terrorism and 
        its human rights violations;
Whereas section 202 of the Comprehensive Iran Sanctions, Accountability, and 
        Divestment Act of 2010 (Public Law 111-195; 22 U.S.C. 8532) authorizes 
        States and local governments to divest from, or prohibit investment of 
        the assets of the State or local government in, any person that the 
        State or local government determines, using credible information 
        available to the public, engages in investment activities in Iran;
Whereas section 202(a) of the Comprehensive Iran Sanctions, Accountability, and 
        Divestment Act of 2010 states that, ``It is the sense of Congress that 
        the United States should support the decision of any State or local 
        government that for moral, prudential, or reputational reasons divests 
        from, or prohibits the investment of assets of the State or local 
        government in, a person that engages in investment activities in the 
        energy sector of Iran, as long as Iran is subject to economic sanctions 
        imposed by the United States.'';
Whereas section 202(f) of the Comprehensive Iran Sanctions, Accountability, and 
        Divestment Act of 2010 states that, ``A measure of a State or local 
        government authorized under subsection (b) or (i) is not preempted by 
        any Federal law or regulation.'';
Whereas States have explicit authority granted by Congress and the executive 
        branch through the Comprehensive Iran Sanctions, Accountability, and 
        Divestment Act of 2010 to enact sanctions against Iran or entities that 
        do business with Iran and cannot have such actions be preempted by 
        Federal law or regulation;
Whereas the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 
        2010, including section 202 of such Act, was enacted by Congress out of 
        concern for illicit Iranian behavior, including its state sponsorship of 
        terrorism and human rights abuses;
Whereas 30 States and the District of Columbia have enacted divestment 
        legislation or policies against Iran by refusing to invest State and 
        local pensions in international corporations that do business with Iran;
Whereas 11 States have enacted laws or policies that prohibit awarding State or 
        local government contracts to companies or financial institutions that 
        do business with Iran;
Whereas such laws and regulations in no way interfere with the conduct of United 
        States foreign policy;
Whereas States and local governments adopted such laws and regulations out of a 
        shared concern for illicit Iranian behavior, including its state 
        sponsorship of terrorism and human rights violations;
Whereas, on July 14, 2015, the P5+1 countries and Iran agreed to the Joint 
        Comprehensive Plan of Action (in this resolution referred to as the 
        ``JCPOA'');
Whereas Iran divestment laws and regulations adopted by States and local 
        governments in no way prevent the implementation of the lifting of 
        sanctions as specified in the JCPOA;
Whereas, on July 28, 2015, under testimony to the Committee on Foreign Affairs 
        of the House of Representatives, Secretary of State John Kerry confirmed 
        that States' legal authority to enact sanctions against Iran would not 
        be affected by the implementation of the JCPOA;
Whereas, on September 30, 2015, Chris Backemeyer, the Principal Deputy 
        Coordinator for Sanctions Policy at the Department of State, stated in 
        reference to sanctions by State and local governments against Iran, ``We 
        certainly discussed this issue when we were in the negotiations, and at 
        the present time we do not feel like any of those pieces of legislation 
        jeopardize our ability to implement the JCPOA, and we are quite clear 
        about that.''; and
Whereas sanctions targeting Iran's sponsorship of terrorism and human rights 
        violations, including State and local government divestment laws and 
        regulations, remain a core national security priority of the United 
        States: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) reaffirms its commitment to stopping Iran's sponsorship 
        of terrorism and human rights violations;
            (2) reaffirms its legislative intent that the Comprehensive 
        Iran Sanctions, Accountability, and Divestment Act of 2010 
        (Public Law 111-195; 22 U.S.C. 8501 et seq.), including section 
        202 of such Act, was enacted to deter illicit Iranian behavior, 
        including its sponsorship of terrorism and human rights 
        violations; and
            (3) strongly supports continued State and local government 
        sanctions targeting Iran's illicit activity, including 
        divestment of assets from companies investing in Iran and 
        prohibition of investment of the assets of the State or local 
        government in any person that the State or local government 
        determines, using credible information available to the public, 
        engages in investment activities in Iran, as authorized by 
        section 202 of the Comprehensive Iran Sanctions, 
        Accountability, and Divestment Act of 2010.
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