III 

114TH CONGRESS 

1ST SESSION S. CON. RES. 26 

Expressing the sense of Congress regarding the right of States and local 

governments to maintain economic sanctions against Iran. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2015 

Mr. KIRK (for himself, Mr. MANCHIN, and Mr. RUBIO) submitted the following concurrent resolution; which was referred to the Committee on 

Foreign Relations 

CONCURRENT RESOLUTION 

Expressing the sense of Congress regarding the right of 

States and local governments to maintain economic sanctions against Iran. 

Whereas Iran is a major threat to the national security of the 

United States and its allies; 

Whereas Iran is the world’s leading state sponsor of terrorism and continues to materially support Hezbollah, 

Hamas, and the regime of Bashar al-Assad; 

Whereas Iran is responsible for severe violations of the 

human rights of the people of Iran, including imprisonment, harassment, and torture against dissidents and 

those critical of the Iranian regime such as human rights 

defenders, lawyers, activists, and ethnic minorities; 


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•SCON 26 IS 

Whereas the United States has led the international community in imposing crippling economic sanctions against 

Iran for sponsoring terrorism and its human rights violations; 

Whereas section 202 of the Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 2010 (Public Law 

111–195; 22 U.S.C. 8532) authorizes States and local 

governments to divest from, or prohibit investment of the 

assets of the State or local government in, any person 

that the State or local government determines, using 

credible information available to the public, engages in 

investment activities in Iran; 

Whereas section 202(a) of the Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 2010 states that, 

‘‘It is the sense of Congress that the United States 

should support the decision of any State or local government that for moral, prudential, or reputational reasons 

divests from, or prohibits the investment of assets of the 

State or local government in, a person that engages in investment activities in the energy sector of Iran, as long 

as Iran is subject to economic sanctions imposed by the 

United States.’’; 

Whereas section 202(f) of the Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 2010 states that, 

‘‘A measure of a State or local government authorized 

under subsection (b) or (i) is not preempted by any Federal law or regulation.’’; 

Whereas States have explicit authority granted by Congress 

and the executive branch through the Comprehensive 

Iran Sanctions, Accountability, and Divestment Act of 

2010 to enact sanctions against Iran or entities that do 


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•SCON 26 IS 

business with Iran and cannot have such actions be preempted by Federal law or regulation; 

Whereas the Comprehensive Iran Sanctions, Accountability, 

and Divestment Act of 2010, including section 202 of 

such Act, was enacted by Congress out of concern for illicit Iranian behavior, including its state sponsorship of 

terrorism and human rights abuses; 

Whereas 30 States and the District of Columbia have enacted 

divestment legislation or policies against Iran by refusing 

to invest State and local pensions in international corporations that do business with Iran; 

Whereas 11 States have enacted laws or policies that prohibit 

awarding State or local government contracts to companies or financial institutions that do business with Iran; 

Whereas such laws and regulations in no way interfere with 

the conduct of United States foreign policy; 

Whereas States and local governments adopted such laws and 

regulations out of a shared concern for illicit Iranian behavior, including its state sponsorship of terrorism and 

human rights violations; 

Whereas, on July 14, 2015, the P5+1 countries and Iran 

agreed to the Joint Comprehensive Plan of Action (in 

this resolution referred to as the ‘‘JCPOA’’); 

Whereas Iran divestment laws and regulations adopted by 

States and local governments in no way prevent the implementation of the lifting of sanctions as specified in the 

JCPOA; 

Whereas, on July 28, 2015, under testimony to the Committee on Foreign Affairs of the House of Representatives, Secretary of State John Kerry confirmed that 

States’ legal authority to enact sanctions against Iran 


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•SCON 26 IS 

would not be affected by the implementation of the 

JCPOA; 

Whereas, on September 30, 2015, Chris Backemeyer, the 

Principal Deputy Coordinator for Sanctions Policy at the 

Department of State, stated in reference to sanctions by 

State and local governments against Iran, ‘‘We certainly 

discussed this issue when we were in the negotiations, 

and at the present time we do not feel like any of those 

pieces of legislation jeopardize our ability to implement 

the JCPOA, and we are quite clear about that.’’; and 

Whereas sanctions targeting Iran’s sponsorship of terrorism 

and human rights violations, including State and local 

government divestment laws and regulations, remain a 

core national security priority of the United States: Now, 

therefore, be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That Congress— 

3 (1) reaffirms its commitment to stopping Iran’s 

4 sponsorship of terrorism and human rights viola5 tions; 

6 (2) reaffirms its legislative intent that the Com7 prehensive Iran Sanctions, Accountability, and Di8 vestment Act of 2010 (Public Law 111–195; 22 

9 U.S.C. 8501 et seq.), including section 202 of such 

10 Act, was enacted to deter illicit Iranian behavior, in11 cluding its sponsorship of terrorism and human 

12 rights violations; and 


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•SCON 26 IS 

1 (3) strongly supports continued State and local 

2 government sanctions targeting Iran’s illicit activity, 

3 including divestment of assets from companies in4 vesting in Iran and prohibition of investment of the 

5 assets of the State or local government in any per6 son that the State or local government determines, 

7 using credible information available to the public, 

8 engages in investment activities in Iran, as author9 ized by section 202 of the Comprehensive Iran Sanc10 tions, Accountability, and Divestment Act of 2010. 

Æ 


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