II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Iran Human Rights and Democracy Promotion Act of 

6 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Declaration of policy. 

Sec. 3. Definitions. 


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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. 

1 SEC. 2. DECLARATION OF POLICY. 

2 (a) FINDING.—Congress finds that the interests of 

3 the United States and international peace are threatened 

4 by the ongoing and destabilizing actions of the Govern5 ment of the Islamic Republic of Iran, including its mas6 sive, systematic, and extraordinary violations of the 

7 human rights of its own citizens. 

8 (b) DECLARATION OF POLICY.—It shall be the policy 

9 of the United States— 

10 (1) to deny the Government of the Islamic Re11 public of Iran the ability to continue to oppress the 

12 people of Iran and to use violence and executions 

13 against pro-democracy protestors and regime oppo14 nents; 

15 (2) to fully and publicly support efforts made 

16 by the people of Iran to promote the establishment 

17 of basic freedom, which build the foundation for the 

18 emergence of a freely elected, open, and democratic 

19 political system; 


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1 (3) to help the Iranian people produce, access, 

2 and share information freely and safely via the 

3 Internet and through other media; and 

4 (4) to defeat all attempts by the Government of 

5 the Islamic Republic of Iran to jam or otherwise 

6 deny international satellite broadcast signals. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

10 and ‘‘alien’’ have the meanings given those terms in 

11 section 101(a) of the Immigration and Nationality 

12 Act (8 U.S.C. 1101(a)). 

13 (2) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Foreign Relations, 

17 the Committee on Finance, and the Committee 

18 on Banking, Housing, and Urban Affairs of the 

19 Senate; and 

20 (B) the Committee on Foreign Affairs, the 

21 Committee on Ways and Means, and the Com22 mittee on Financial Services of the House of 

23 Representatives. 

24 (3) UNITED STATES PERSON.—The term 

25 ‘‘United States person’’ has the meaning given that 


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1 term in section 101(10) of the Comprehensive Iran 

2 Sanctions, Accountability, and Divestment Act of 

3 2010 (22 U.S.C. 8511(10)). 

4 SEC. 4. MANDATORY INVESTIGATIONS TO IDENTIFY PER5 SONS WHO ARE RESPONSIBLE FOR OR 

6 COMPLICIT IN HUMAN RIGHTS ABUSES COM7 MITTED AGAINST CITIZENS OF IRAN OR 

8 THEIR FAMILY MEMBERS AFTER THE JUNE 

9 12, 2009, ELECTIONS IN IRAN. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that President of Iran Mahmoud Ahmadinejad, as 

12 the head of state, is responsible for ordering, controlling, 

13 and otherwise directing the commission of serious human 

14 rights abuses against citizens of Iran on or after June 12, 

15 2009. 

16 (b) MANDATORY INVESTIGATIONS.—Section 105 of 

17 the Comprehensive Iran Sanctions, Accountability, and 

18 Divestment Act of 2010 (22 U.S.C. 8514) is amended— 

19 (1) in subsection (a), by striking ‘‘subsection 

20 (b)’’ and inserting ‘‘subsection (b)(2)’’; and 

21 (2) in subsection (b)— 

22 (A) in the subsection heading, by striking 

23 ‘‘LIST’’ and inserting ‘‘IDENTIFICATION’’; 

24 (B) by striking paragraphs (1), (2), and 

25 (3) and inserting the following: 


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1 ‘‘(1) INVESTIGATIONS; DETERMINATIONS.— 

2 ‘‘(A) IN GENERAL.—Upon receiving cred3 ible information that a person may be a person 

4 described in subparagraph (B), the President 

5 shall initiate an investigation and, not later 

6 than 180 days after initiating the investigation, 

7 make a determination with respect to whether 

8 the person is a person described in subpara9 graph (B). 

10 ‘‘(B) PERSON DESCRIBED.—A person de11 scribed in this subparagraph is a person that— 

12 ‘‘(i) is an official of the Government 

13 of Iran or is acting on behalf of that Gov14 ernment (including a member of a para15 military organization such as Ansar-e16 Hezbollah and Basij-e Mostaz’afin); and 

17 ‘‘(ii) is responsible for or complicit in, 

18 or responsible for ordering, controlling, or 

19 otherwise directing, the commission of seri20 ous human rights abuses against citizens 

21 of Iran or their family members on or after 

22 June 12, 2009, regardless of whether such 

23 abuses occurred in Iran. 

24 ‘‘(2) LIST.— 


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1 ‘‘(A) IN GENERAL.—The President shall 

2 submit to the appropriate congressional com3 mittees a list of each person the President de4 termines is a person described in paragraph 

5 (1)(B)— 

6 ‘‘(i) not later than 210 days after the 

7 date of the enactment of the Iran Human 

8 Rights and Democracy Promotion Act of 

9 2011, and every 180 days thereafter; and 

10 ‘‘(ii) as new information becomes 

11 available. 

12 ‘‘(B) FORM OF REPORT; PUBLIC AVAIL13 ABILITY.— 

14 ‘‘(i) FORM.—The list required by sub15 paragraph (A) shall be submitted in un16 classified form but may contain a classified 

17 annex. 

18 ‘‘(ii) PUBLIC AVAILABILITY.—The un19 classified portion of the list required by 

20 subparagraph (A) shall be made available 

21 to the public and posted on the Web sites 

22 of the Department of the Treasury and the 

23 Department of State.’’; 

24 (C) by redesignating paragraph (4) as 

25 paragraph (3); and 


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1 (D) in paragraph (3), as redesignated, by 

2 striking ‘‘In preparing the list required by para3 graph (1)’’ and inserting ‘‘For purposes of initi4 ating investigations and making determinations 

5 under paragraph (1)’’. 

6 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 

7 TRANSFER OF GOODS OR TECHNOLOGIES TO 

8 IRAN THAT MAY BE USED TO COMMIT HUMAN 

9 RIGHTS ABUSES. 

10 (a) INVESTIGATIONS; DETERMINATIONS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (3), upon receiving credible information that 

13 a person may have engaged in an activity described 

14 in paragraph (2), the President shall initiate an in15 vestigation and, not later than 180 days after initi16 ating the investigation, make a determination with 

17 respect to whether that person engaged in that activ18 ity. 

19 (2) ACTIVITY DESCRIBED.— 

20 (A) IN GENERAL.—A person engages in an 

21 activity described in this subparagraph if the 

22 person, on or after the date of the enactment 

23 of this Act— 


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1 (i) transfers, or facilitates the transfer 

2 of, goods or technologies described in sub3 paragraph (C) to Iran; or 

4 (ii) provides services with respect to 

5 goods or technologies described in subpara6 graph (C) after such goods or technologies 

7 are transferred to Iran. 

8 (B) APPLICABILITY TO CONTRACTS AND

9 OTHER AGREEMENTS.—A person engages in an 

10 activity described in subparagraph (A) without 

11 regard to whether the activity is carried out 

12 pursuant to a contract or other agreement en13 tered into before, on, or after the date of the 

14 enactment of this Act. 

15 (C) GOODS OR TECHNOLOGIES DE16 SCRIBED.—Goods or technologies described in 

17 this subparagraph are— 

18 (i) firearms or ammunition (as those 

19 terms are defined in section 921 of title 

20 18, United States Code), accessories for 

21 firearms, rubber bullets, clubs, batons, po22 lice sticks, mace, stun grenades, tasers or 

23 other electroshock weapons, tear gas, water 

24 cannons, motorcycles, or surveillance tech25 nology; 


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1 (ii) sensitive technology (as defined in 

2 section 106(c) of the Comprehensive Iran 

3 Sanctions, Accountability, and Divestment 

4 Act of 2010 (22 U.S.C. 8515(c)); and 

5 (iii) other goods or technologies that 

6 the President determines may be used by 

7 the Government of Iran to commit human 

8 rights abuses against the people of Iran. 

9 (3) SPECIAL RULE TO ALLOW FOR TERMI10 NATION OF SANCTIONABLE ACTIVITY.—The Presi11 dent shall not be required to initiate an investiga12 tion, and may terminate an investigation, under this 

13 subsection if the President certifies in writing to the 

14 appropriate congressional committees that— 

15 (A) the person whose activity was the basis 

16 for the investigation is no longer engaging in 

17 the activity or has taken significant verifiable 

18 steps toward stopping the activity; and 

19 (B) the President has received reliable as20 surances that the person will not knowingly en21 gage in an activity described in paragraph (2) 

22 in the future. 

23 (b) LIST.— 

24 (1) IN GENERAL.—The President shall submit 

25 to the appropriate congressional committees a list of 


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1 each person the President determines has engaged in 

2 an activity described in subsection (a)(2)— 

3 (A) not later than 210 days after the date 

4 of the enactment of this Act, and every 180 

5 days thereafter; and 

6 (B) as new information becomes available. 

7 (2) FORM OF LIST.—The list required by para8 graph (1) shall be submitted in unclassified form but 

9 may contain a classified annex. 

10 (c) ASSET FREEZE.—The President shall freeze and 

11 prohibit all transactions in all property and interests in 

12 property of a person on the list required by subsection (b) 

13 if such property and interests in property are in the 

14 United States, come within the United States, or are or 

15 come within the possession or control of a United States 

16 person. 

17 (d) WAIVER AUTHORITY.—The President may waive 

18 the application of this section with respect to a person if 

19 the President— 

20 (1) determines that such a waiver is in the na21 tional interest of the United States; and 

22 (2) submits to the appropriate congressional 

23 committees a report describing the reasons for the 

24 waiver. 


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1 (e) TERMINATION.—The provisions of this section 

2 shall terminate on the date described in section 105(d) 

3 of the Comprehensive Iran Sanctions, Accountability, and 

4 Divestment Act of 2010 (22 U.S.C. 8514(d)). 

5 SEC. 6. IRAN FREEDOM SUPPORT ACT REAUTHORIZATION. 

6 (a) ADDITIONAL FORMS OF ASSISTANCE.—Section 

7 302(a)(1) of the Iran Freedom Support Act (Public Law 

8 109–293; 22 U.S.C. 2151 note) is amended by adding at 

9 the end the following: ‘‘Such assistance may also include 

10 the award of grants and the formation of public-private 

11 partnerships to facilitate or subsidize the enrollment in or 

12 directly provide Internet-based Farsi- or English-language 

13 higher education courses for people in Iran denied access 

14 to higher education solely on the basis of their race, reli15 gion, ethnicity, language, sexual orientation, belief, or life16 style.’’. 

17 (b) USE OF NEAR EAST REGIONAL DEMOCRACY

18 FUNDS.—Section 302(c)(1) of such Act is amended by 

19 striking ‘‘and the Human Rights and Democracy Fund’’ 

20 and inserting ‘‘the Human Rights and Democracy Fund, 

21 and the Near East Regional Democracy program’’. 

22 (c) REAUTHORIZATION.—Section 302(f) of such Act 

23 is amended by striking ‘‘2011’’ and inserting ‘‘2016’’. 


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1 SEC. 7. SPECIAL REPRESENTATIVE ON HUMAN RIGHTS AND 

2 DEMOCRACY IN IRAN. 

3 (a) APPOINTMENT.—The President shall appoint a 

4 Special Representative on Human Rights and Democracy 

5 in Iran (in this Act referred to as the ‘‘Special Representa6 tive’’) within the Department of State. 

7 (b) QUALIFICATIONS.—The Special Representative 

8 should be a person of recognized distinction in the field 

9 of human rights and democracy promotion who shall have 

10 the rank of ambassador and shall hold the office at the 

11 pleasure of the President. 

12 (c) DUTIES.—The Special Representative shall carry 

13 out the following duties: 

14 (1) Coordinate United States Government-wide 

15 activities that promote human rights, democracy, po16 litical freedom, and religious freedom inside Iran. 

17 (2) Coordinate United States Government-wide 

18 activities that promote human rights, political free19 dom, and religious freedom for Iranian refugees and 

20 asylees living outside Iran. 

21 (3) Ensure the comprehensive investigation and 

22 designation of Iranian human rights abusers in ac23 cordance with section 105 of the Comprehensive 

24 Iran Sanctions, Accountability, and Divestment Act 

25 of 2011 (22 U.S.C. 8514). 


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1 (4) Coordinate the documentation and publicity 

2 of political dissidents and cases of human rights 

3 abuse inside Iran. 

4 (5) Coordinate multilateral efforts to build 

5 international support for the promotion of human 

6 rights, democracy, political freedom, and religious 

7 freedom in Iran, including broadcasting, Internet ac8 cess, and dissemination of information. 

9 (6) Encourage the United Nations, multilateral 

10 organizations, and human rights nongovernmental 

11 organizations to more robustly investigate and re12 port on human rights abuses in Iran. 

13 (7) Encourage foreign governments to down14 grade or sever diplomatic relations with the Govern15 ment of Iran, enact economic sanctions, and assist 

16 Iranian dissidents in response to the Government of 

17 Iran’s continued violations of human rights. 

18 (8) Encourage foreign governments to expel the 

19 Islamic Republic of Iran from international forums 

20 and organizations with a human rights component, 

21 including the United Nations Commission on the 

22 Status of Women, the United Nations Educational, 

23 Scientific and Cultural Organization, the United Na24 tions Children’s Fund, and the International Labour 

25 Organisation. 


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1 (9) Coordinate all programs funded under the 

2 Iran Freedom Support Act (Public Law 109–293; 

3 22 U.S.C. 2151 note). 

4 (d) AUTHORITY.— 

5 (1) COORDINATION OF ACTIVITIES.—The Spe6 cial Representative shall coordinate all activities re7 lated to Iran carried out by the Bureau of Near 

8 Eastern Affairs, the Bureau of Democracy, Human 

9 Rights and Labor, and the Bureau of Population, 

10 Refugees and Migration of the Department of State, 

11 the Ambassador at Large for International Religious 

12 Freedom, the Special Envoy to Monitor and Combat 

13 Anti-Semitism, the United States Commission on 

14 International Religious Freedom, the National En15 dowment for Democracy, and the Broadcasting 

16 Board of Governors. 

17 (2) COORDINATION OF USE OF FUNDS.—The 

18 Special Representative shall coordinate and oversee 

19 the obligation and expenditure of funds related to 

20 human rights, democracy, Internet freedom, and 

21 broadcasting activities in Iran, including funds made 

22 available for such purposes to the Middle East Part23 nership Initiative (MEPI), the Broader Middle East, 

24 and North Africa Initiative, the Human Rights and 


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1 Democracy Fund, and Near Eastern Regional De2 mocracy. 

3 (e) DIPLOMATIC REPRESENTATION.—Subject to the 

4 direction of the President and the Secretary of State, the 

5 Special Representative is authorized to represent the 

6 United States in matters and cases relevant to the pro7 motion of human rights, democracy, political freedom, and 

8 religious freedom in Iran in— 

9 (1) contacts with foreign governments, intergov10 ernmental organizations, and specialized agencies of 

11 the United Nations, the Organization of Security 

12 and Cooperation in Europe, and other international 

13 organizations of which the United States is a mem14 ber; and 

15 (2) multilateral conferences and meetings rel16 evant to the promotion of human rights, democracy, 

17 political freedom, and religious freedom in Iran. 

18 (f) CONSULTATIONS.—The Special Representative 

19 shall consult with domestic and international nongovern20 mental organizations, unions, multilateral organizations 

21 and institutions as the Special Representative considers 

22 appropriate to fulfill the purposes of this Act. 

23 (g) FUNDING.—Of prior year funds made available 

24 for ‘‘Near East Regional Democracy’’, the Secretary of 

25 State shall provide to the Special Representative such 


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1 sums as may be necessary for fiscal year 2012 for the 

2 hiring of staff, for the conduct of investigations, and for 

3 necessary travel to carry out the provisions of this Act. 

4 SEC. 8. SENSE OF CONGRESS ON POLITICAL PRISONERS. 

5 It is the sense of Congress that— 

6 (1) the Secretary of State should support ef7 forts to research and catalogue prisoners of con8 science and cases of human rights abuses inside 

9 Iran; 

10 (2) the United States Government should offer 

11 political asylum in the United States to such polit12 ical prisoners if requested, and offer to assist, 

13 through the United Nations High Commissioner for 

14 Refugees, with the relocation of such political pris15 oners to other countries if requested, as appropriate 

16 and with due consideration for United States na17 tional security interests; 

18 (3) the Special Representative for Democracy 

19 and Human Rights in Iran and all representatives of 

20 the United States Government should publicly call 

21 for the release of Iranian dissidents by name and 

22 raise individual cases of Iranian dissidents and pris23 oners of conscience as appropriate; and 

24 (4) the Special Representative for Democracy 

25 and Human Rights in Iran should be included in all 


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1 diplomatic meetings conducted with representatives 

2 of the Government of the Islamic Republic of Iran. 

3 SEC. 9. COMPREHENSIVE STRATEGY TO PROMOTE INTER4 NET FREEDOM AND ACCESS TO INFORMA5 TION IN IRAN. 

6 Not later than 90 days after the date of the enact7 ment of this Act, the President, in coordination with the 

8 Special Representative on Human Rights and Democracy 

9 in Iran, shall submit to the Committees on Appropriations 

10 and Foreign Affairs of the House of Representatives and 

11 the Committees on Appropriations and Foreign Relations 

12 of the Senate a comprehensive strategy developed in con13 sultation with the Department of State, other Federal 

14 agencies, the National Endowment for Democracy, the 

15 Broadcasting Board of Governors, and nongovernmental 

16 organizations, including current implementers and unions, 

17 as appropriate, to— 

18 (1) help the people of Iran produce, access, and 

19 share information freely and safely via the Internet, 

20 including in Farsi and regional languages; 

21 (2) support the development of counter-censor22 ship technologies that enable the citizens of Iran to 

23 undertake Internet activities without interference 

24 from their government; 


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1 (3) increase the capabilities and availability of 

2 secure mobile communications among human rights 

3 and democracy activists in Iran; 

4 (4) provide resources for digital safety training 

5 for media, unions, and academic and civil society or6 ganizations in Iran; 

7 (5) increase the amount of accurate Internet 

8 content in local languages in Iran; 

9 (6) increase emergency resources for the most 

10 vulnerable human rights advocates seeking to orga11 nize, share information, and support human rights 

12 in Iran; 

13 (7) expand surrogate radio, television, live 

14 stream, and social network communications inside 

15 Iran and improve Voice of America’s Persian News 

16 Network and Radio Free Europe/Radio Liberty’s 

17 Radio Farda to provide 24/7 hourly live news update 

18 and breaking news coverage capability; 

19 (8) expand activities to safely assist and train 

20 human rights, civil society, and union activists in 

21 Iran to operate effectively and securely; 

22 (9) defeat all attempts by the Government of 

23 Iran to jam or otherwise deny international satellite 

24 broadcasting signals; and 


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1 (10) expand worldwide United States embassy 

2 and consulate programming for and outreach to Ira3 nian dissident communities. 

Æ 


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