[Congressional Record Volume 161, Number 173 (Tuesday, December 1, 2015)]
[Senate]
[Pages S8244-S8245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE CONCURRENT RESOLUTION 26--EXPRESSING THE SENSE OF CONGRESS 
    REGARDING THE RIGHT OF STATES AND LOCAL GOVERNMENTS TO MAINTAIN 
                    ECONOMIC SANCTIONS AGAINST IRAN

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

                            S. Con. Res. 26

       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

[[Page S8245]]

     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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