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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3870 Introduced in Senate (IS)]

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.
    (c) Funding.--The President may provide assistance under this 
section acting through the Special Envoy.
    (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
                    (C) reach the intended beneficiaries, who should be 
                informed of the source of the assistance.
    (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.
                                 <all>
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