S. 3870 - Iran Human Rights Act of 2006

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.

(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

(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.

END