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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3008 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3008

  To establish a program to support a transition to a freely elected, 
                        open democracy in Iran.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2010

  Mr. Cornyn (for himself and Mr. Brownback) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL

 
  To establish a program to support a transition to a freely elected, 
                        open 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 Democratic Transition Act of 
2010''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Government of the Islamic Republic of Iran has a 
        history of violating the human rights of its own citizens.
            (2) According to the Department of State's 2008 Country 
        Report on Human Rights Practices, the Government of the Islamic 
        Republic of Iran and its agents--
                    (A) have tortured detainees and prisoners; and
                    (B) have committed numerous arbitrary and unlawful 
                killings, including the killing of juveniles.
            (3) On January 28, 2010, the Government of the Islamic 
        Republic of Iran hanged 2 men accused of participating in 
        protests following the disputed June 12, 2009, presidential 
        election.
            (4) On February 2, 2010, Ebrahim Raisi, a senior member of 
        Iran's judiciary, announced that 9 additional dissidents would 
        soon be hanged for their opposition to the Islamic regime.
            (5) On June 12, 2009, the Islamic Republic of Iran staged a 
        presidential election that--
                    (A) was marred by--
                            (i) fraud;
                            (ii) the barring of candidate observers at 
                        many polling stations;
                            (iii) a shut-down of Internet and text 
                        services by the regime; and
                            (iv) violent repression of protests; and
                    (B) despite widespread protests, resulted in the 
                certification of incumbent President Mahmoud 
                Ahmadinejad as the winner.
            (6) The Government of the Islamic Republic of Iran--
                    (A) increasingly restricts the operation of 
                international media within Iran, including the February 
                7, 2010, arrest of 7 people associated with Radio Free 
                Europe/Radio Liberty's Persian language program, Radio 
                Farda; and
                    (B) imposes significant restrictions on Iranian 
                press outlets, including--
                            (i) the jailing and torturing of numerous 
                        media employees; and
                            (ii) restricting Iranian citizens' access 
                        to the Internet.
            (7) According to the Department of State's 2009 
        International Religious Freedom report regarding Iran, in the 
        1-year period ending June 30, 2009--
                    (A) ``respect for religious freedom in [Iran] 
                continued to deteriorate''; and
                    (B) ``[g]overnment rhetoric and actions created a 
                threatening atmosphere for nearly all non-Shi'a 
                religious groups''.
            (8) January 12, 2010, was the first day of a show trial for 
        7 Iranian Baha'i leaders accused of espionage, which could 
        result in the imposition of the death penalty.
            (9) According to the 2008 Department of State Country 
        Reports on Terrorism, published in April 2009, Iran--
                    (A) ``remained the most significant state sponsor 
                of terrorism'';
                    (B) ``has long employed terrorism to advance its 
                key national security and foreign policy interests, 
                which include regime survival, regional dominance, 
                opposition to Arab-Israeli peace, and countering 
                western influence, particularly in the Middle East'';
                    (C) continues to hinder the Middle East peace 
                process by using the Islamic Revolutionary Guard Corps 
                Qods to arm, train, and fund militants and terrorist 
                organizations, including Hamas, Lebanese Hizballah, and 
                the Palestinian Islamic Jihad; and
                    (D) despite its pledge to support stabilization in 
                Iraq, has used the Islamic Revolutionary Guard Corps 
                Qods to cultivate and support certain Iraqi Shi'a 
                militant groups.
            (10) Iran's support for militant and terrorist 
        organizations--
                    (A) has directly bolstered Hamas' ability to strike 
                Israel; and
                    (B) includes the supply of arms to Hezbollah in 
                direct violation of United Nations Security Council 
                Resolution 1701.
            (11) The report also states that--
                    (A) ``despite a dramatic decrease in attacks in 
                Iraq since August 2008, security remains fragile, in 
                part because the Qods Force continued to provide lethal 
                support to select Iraqi militant groups that target 
                U.S., Iraqi and Coalition forces''; and
                    (B) ``Iranian weapons transfers to select Taliban 
                members in Afghanistan in 2008 continued to threaten 
                Afghan and NATO troops operating under UN mandate and 
                undermine stabilization efforts in that country''.
            (12) On October 26, 2005, Iranian President Mahmoud 
        Ahmadinejad stated, ``to those who doubt, to those who ask is 
        it possible or those who do not believe, I say accomplishment 
        of a world without America and Israel is both possible and 
        feasible''.
            (13) On June 2, 2008, Ahmadinejad stated that Israel--
                    (A) ``will be wiped off the pages of history''; and
                    (B) ``is about to die and will soon be erased from 
                the geographical scene. . . . Today, the time for the 
                fall of the satanic power of the United States has come 
                and the countdown to the annihilation of the emperor of 
                power and wealth has started''.
            (14) Iran's Supreme Leader, Ayatollah Ali Khamenei--
                    (A) gave a speech on March 4, 2009, in which he 
                referred to the State of Israel as a ``cancerous 
                tumor'' and indicated that negotiations with Israel 
                were a ``big mistake''; and
                    (B) posted on his official website on January 27, 
                2010, ``the day will come when nations of the region 
                will witness the destruction of the Zionist regime''.
            (15) On September 21, 2009, Iran revealed to the 
        International Atomic Energy Agency that it was constructing a 
        second uranium enrichment at an underground site near Qom.
            (16) United States intelligence officials have said that 
        despite this notification--
                    (A) Iran originally intended for the facility to be 
                kept secret;
                    (B) the United States had been ``observing and 
                analyzing the facility for several years''; and
                    (C) President Barack Obama has noted that ``the 
                size and configuration of this facility is inconsistent 
                with a peaceful program''.
            (17) On February 3, 2010, Director of National Intelligence 
        Dennis Blair stated, in written testimony to Congress, ``Iran's 
        technical advancement, particularly in uranium enrichment, 
        strengthens our 2007 NIE [National Intelligence Estimate] 
        assessment that Iran has the scientific, technical and 
        industrial capacity to eventually produce nuclear weapons, 
        making the central issue its political will to do so. These 
        advancements lead us to reaffirm our judgment from the 2007 NIE 
        that Iran is technically capable of producing enough [highly 
        enriched uranium] for a weapon in the next few years, if it 
        chooses to do so.''

SEC. 3. DECLARATIONS OF POLICY TOWARD IRAN.

    Congress makes the following declarations:
            (1) The interests of the United States and international 
        peace are threatened by the ongoing and destabilizing actions 
        of the government of the Islamic Republic of Iran, including 
        its--
                    (A) massive, systematic, and extraordinary 
                violations of the human rights of its own citizens;
                    (B) continued interference with the internal 
                affairs of its neighbors, including Iraq and 
                Afghanistan;
                    (C) support for, and facilitation of, terrorist 
                activities; and
                    (D) attempts to develop weapons of mass destruction 
                and long-range missile delivery systems.
            (2) It should be the policy of the United States to deny 
        the Government of the Islamic Republic of Iran the ability to 
        continue--
                    (A) to oppress the people of Iran and use violence 
                and executions against pro-democracy protestors and 
                regime opponents;
                    (B) to interfere in the internal affairs of its 
                neighbors, including Iraq and Afghanistan;
                    (C) to finance, provide safe-haven, or otherwise 
                support terrorist organizations; or
                    (D) to develop chemical, biological, radiological, 
                or nuclear weapons, and ballistic missile delivery 
                systems.
            (3) It should be the policy of the United States--
                    (A) to fully and publicly support efforts made by 
                the people of Iran to oppose and remove the regime 
                headed by Supreme Leader Ali Hoseyni Khamenei and 
                President Mahmoud Ahmadinejad from power in Iran; and
                    (B) to promote the emergence of a freely elected, 
                open, and democratic government to replace the 
                political system of the Islamic Republic of Iran.

SEC. 4. ASSISTANCE TO SUPPORT A TRANSITION TO A FREELY ELECTED, OPEN 
              DEMOCRATIC GOVERNMENT IN IRAN.

    (a) Authorization To Provide Assistance.--
            (1) In general.--Notwithstanding any other provision of 
        law, the President is authorized to support a transition to a 
        freely elected, open, democratic government in Iran by 
        providing eligible Iranian democratic opposition organizations 
        with the assistance set forth in this subsection.
            (2) Assistance for broadcasting and other communications.--
                    (A) In general.--The President may grant assistance 
                directly to Iranian democratic opposition organizations 
                for the communication and dissemination of accurate and 
                independent information to the Iranian people through 
                radio, television, Internet, cellular telephone, short 
                message service, and other media.
                    (B) Use of existing authority to support 
                democracy.--Notwithstanding any other provision of law 
                that may restrict or prohibit aid to Iran, Congress 
                urges the President to fully utilize existing 
                authorities and funding, including under the Iran 
                Freedom Support Act (Public Law 109-293) and the 
                National Defense Authorization Act for Fiscal Year 2010 
                (Public Law 111-84), to support and promote democracy 
                in Iran through assistance for pro-democracy 
                broadcasting into Iran and the dissemination of 
                accurate and independent information to the Iranian 
                people through various media.
            (3) Humanitarian assistance.--Notwithstanding any other 
        laws that may bar aid to Iran, Congress urges the President to 
        use existing authorities under the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151 et seq.) to provide humanitarian 
        assistance to individuals or groups determined by the President 
        to be victims of repression by the Government of the Islamic 
        Republic of Iran, particularly those individuals or groups 
        eligible for assistance under paragraph (1).
            (4) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated to the Department of State such sums as 
                may be necessary for fiscal year 2010 to carry out this 
                subsection.
                    (B) Availability of funds.--Amounts authorized to 
                be appropriated under this section--
                            (i) are in addition to amounts otherwise 
                        available for the purposes described in this 
                        section; and
                            (ii) shall remain available until expended.
    (b) Notification Requirement.--Not later than 15 days before each 
obligation of assistance under this section, the President shall notify 
the Committee on Foreign Relations of the Senate, the Committee on 
Appropriations of the Senate, the Committee on Foreign Affairs of the 
House of Representatives, and the Committee on Appropriations of the 
House of Representatives, in accordance with the procedures applicable 
to reprogramming notifications under section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1).
    (c) Eligibility Criteria.--An Iranian democratic opposition 
organization may receive assistance under subsection (a) only if the 
President determines that the organization--
            (1) includes a broad spectrum of Iranian individuals or 
        groups that have a demonstrable and proven record of--
                    (A) opposition to the current Government of the 
                Islamic Republic of Iran; and
                    (B) commitment to fostering cooperation among 
                democratic opponents of the current Government of the 
                Islamic Republic of Iran;
            (2) is dedicated to democratic values and supports the 
        adoption of a democratic form of government in Iran;
            (3) is dedicated to respect for human rights, including the 
        fundamental equality of women;
            (4) supports freedom of the press, freedom of speech, 
        freedom of association, and freedom of religion;
            (5) officially opposes the use of violence and terrorism 
        and has not been designated as a foreign terrorist organization 
        under section 219 of the Immigration and Nationality Act (8 
        U.S.C. 1189) at any time;
            (6) advocates the adherence by Iran to nonproliferation 
        regimes for nuclear, chemical, and biological weapons and 
        materiel; and
            (7) is committed to peaceful relations with the countries 
        surrounding Iran.
    (d) Restriction on Assistance.--Assistance may not be provided 
under this section to any organization or individual that has, at any 
time--
            (1) engaged in military cooperation with the Government of 
        the Islamic Republic of Iran; or
            (2) engaged in or supported an act of terrorism.

SEC. 5. SPECIAL ENVOY FOR DEMOCRACY AND HUMAN RIGHTS IN IRAN.

    (a) Establishment.--The President may appoint, by and with the 
advice and consent of the Senate, a Special Envoy for Democracy and 
Human Rights in Iran (referred to in this section as the ``Special 
Envoy''), who shall hold the rank of Ambassador.
    (b) Duties.--
            (1) Management of policy on promotion of democracy and 
        human rights.--The primary responsibility of the Special Envoy 
        shall be to manage United States policy on the promotion of 
        democracy and human rights in Iran.
            (2) Other duties.--The Special Envoy shall--
                    (A) advise the President and the Secretary of 
                State, as appropriate;
                    (B) in coordination with the Assistant Secretary 
                for Near Eastern Affairs and the Assistant Secretary 
                for Democracy, Human Rights, and Labor, make 
                recommendations regarding effective strategies and 
                tactics to achieve a democratic transition in Iran;
                    (C) support and promote 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, 
                and countries in the region;
                    (D) establish the regional framework described in 
                section 6;
                    (E) coordinate 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;
                    (F) serve as point of contact for opposition 
                groups, nongovernmental organizations, and individuals 
                and organizations from the Iranian diaspora to acquire 
                greater information and reporting on conditions in 
                Iran;
                    (G) coordinate 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;
                    (H) oversee funding for, and provide consultative 
                authority with respect to, public and private 
                broadcasting into Iran; and
                    (I) review strategies for improving the protection 
                of human rights in Iran, including technical training 
                and exchange programs.

SEC. 6. SENSE OF CONGRESS ON ESTABLISHMENT OF REGIONAL FRAMEWORK ON 
              HUMAN RIGHTS.

    (a) Finding.--Congress finds that human rights initiatives can be 
undertaken on a multilateral basis, as demonstrated by the Organization 
for Security and Cooperation in Europe, 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 on Iran that is modeled on the Helsinki process 
established by the Organization for Security and Cooperation in Europe, 
engaging in all countries in the region in a common commitment to 
respect human rights and fundamental freedoms.

SEC. 7. OTHER SUPPORT FOR TRANSITION IN IRAN.

    (a) Sense of Congress.--It is the sense of the Congress that, if 
the Iranian people successfully restore full democratic rule to Iran, 
the United States should fully support Iran's transition to a freely 
elected, open democracy by providing--
            (1) immediate and substantial humanitarian assistance to 
        the Iranian people; and
            (2) democracy transition assistance to eligible Iranian 
        parties and movements with democratic goals.
    (b) Report to Congress on Plan for United States Support.--Not 
later than 90 days after the date of the enactment of this Act, the 
President shall submit a report to Congress that describes a clear plan 
for implementation of this Act, including aid programs, recipients, and 
strategies to promote the emergence of a freely elected, open, and 
democratic government in Iran.
    (c) Report to Congress After Transition in Iran.--Not later than 90 
days after the establishment of a transitional government in Iran, the 
President shall submit a report to Congress, in classified and 
unclassified form, that describes a comprehensive plan for United 
States support of--
            (1) the Iranian people during the transition to a new, 
        freely elected, open, and democratic government;
            (2) the new Iranian government's efforts--
                    (A) to restore full human rights to the people of 
                Iran; and
                    (B) protect these rights in the future;
            (3) the new Iranian government's commitment to dismantling 
        Iran's nuclear weapons program; and
            (4) the new Iranian government's cessation of Iran's 
        historical financing and other support of Hamas, Hezbollah, and 
        other groups designated as foreign terrorist organizations by 
        the Secretary of State.
                                 <all>
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