113 S2585 IS: Iran Human Rights Accountability Act of 2014 U.S. Senate 2014-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS2d Session S. 2585 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Kirk (for himself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose additional sanctions with respect to Iran to protect against human rights abuses in Iran, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Iran Human Rights Accountability Act of 2014.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Expansion of list of persons involved in human rights abuses in Iran. Sec. 4. Identification of, and imposition of sanctions with respect to, certain Iranian individuals. Sec. 5. Imposition of sanctions with respect to persons who conduct transactions with or on behalf of certain Iranian individuals. Sec. 6. United States support for the people of Iran. Sec. 7. United States Special Coordinator on Human Rights and Democracy in Iran. Sec. 8. Broadcasting to Iran. Sec. 9. Sense of Congress on establishment of multilateral mechanism to promote human rights in Iran. Sec. 10. Sense of Congress on role of the United Nations in promoting human rights in Iran. Sec. 11. Rule of construction with respect to the use of force.

2.

Findings

Congress makes the following findings:(1)On February 21, 2014, the Office of the High Commissioner on Human Rights of the United Nations stated, with respect to Iran, We regret that the new government has not changed its approach to the death penalty and continues to impose capital punishment for a wide range of offences. We urge the government to immediately halt executions and to institute a moratorium..(2)Iran was rated as not free in the 2014 Freedom of the Press Report of the international organization Freedom House, for a lack of flow of independent information and the inability of print, broadcast, and Internet-based news outlets to operate freely and without fear of repercussions.(3)On March 11, 2014, the Secretary General of the United Nations, Ban Ki-moon, stated that the new administration [in Iran] has not made any significant improvement in the promotion and protection of freedom of expression and opinion, despite pledges made by the President during his campaign and after is swearing-in.(4)According to Freedom House, none of the elections held in Iran after the 1979 Islamic revolution have been regarded as free or fair.(5)According to the Committee to Protect Journalists, as of December 1, 2013, Iran was the second worst jailer of journalists worldwide after Turkey. Additionally, research of the Committee to Protect Journalists ranks Iran as first among countries where journalists have fled into exile between 2009 and 2014.(6)According to the international human rights organization, Iran Human Rights, executions in Iran soared to record-breaking levels in 2014. As of June 2014, more than 2 people were executed every day, and more than 320 executions took place in the first 5 months of 2014.(7)In August 2011, Amir Hekmati, a United States veteran, was unjustly detained while visiting his family in Iran and, as of June 2014, has remained in a prison in Iran for almost 3 years on false espionage charges.(8)On January 27, 2013, Saeed Abedini, a pastor from the United States, was sentenced to an 8-year prison term in Iran because of his Christian faith and has been incarcerated since September 26, 2012, despite serious health issues.(9)In March 2007, Robert Levinson, a former agent of the Federal Bureau of Investigation, disappeared in Iran during a business trip. Mr. Levinson is one of the longest held United States citizens in history.(10)The United States has designated Iran as a country of particular concern for religious freedom pursuant to section 402(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)) for severe violations of religious freedom in every year from 1999 through 2014.(11)Members of the Baha’i Faith in Iran, estimated to number between 300,000 and 350,000, are not recognized as a religious minority in the Constitution of Iran, enjoy virtually no rights under the law, and are banned from practicing their faith.(12)On December 20, 2013, the United States Senate agreed to Senate Resolution 75, 113th Congress, condemning the Government of Iran for its state-sponsored persecution of its Baha'i minority and its continued violation of the International Covenants on Human Rights.(13)The United States is engaged in negotiations with the Government of Iran and the Russian Federation, the People's Republic of China, the United Kingdom, France, and Germany regarding Iran’s nuclear program, but the Government of Iran continues to systematically deny citizens of Iran basic fundamental freedoms.(14)Officials of the United States have stated that the human rights record of Iran is abysmal and the Department of State has reported that there has been little meaningful improvement in human rights in Iran under the new government, including torture, political imprisonment, harassment of religious and ethnic minorities.(15)The Government of Iran is party to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights and is in violation of its obligations under those Covenants.

3.

Expansion of list of persons involved in human rights abuses in Iran

(a)

In general

Section 105 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514) is amended—(1)in the section heading, by striking certain persons who are responsible for or complicit and inserting persons involved;(2)in subsection (b)—(A)in the subsection heading, by striking Who are responsible for or complicit and inserting involved;(B)by striking paragraph (1) and inserting the following:(1)

In general

Not later than 90 days after the date of the enactment of the Iran Human Rights Accountability Act of 2014, the President shall submit to the appropriate congressional committees a list of persons the President determines have committed or facilitated, directly or indirectly, human rights abuses or other acts of violence, intimidation, or harassment, on behalf of the Government of Iran on or after June 12, 2009, regardless of whether such abuses or acts occurred in Iran.; and(C)in paragraph (2)(A), by striking this Act and inserting the Iran Human Rights Accountability Act of 2014; and(3)by adding at the end the following:(e)

Inclusion of actions that violate Universal Declaration of Human Rights

For purposes of subsection (b)(1), the term human rights abuses includes actions that violate the rights listed in the United Nations Universal Declaration of Human Rights, adopted at Paris December 10, 1948..(b)

Clerical amendment

The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 105 and inserting the following:Sec. 105. Imposition of sanctions on persons involved in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, elections in Iran..

4.

Identification of, and imposition of sanctions with respect to, certain Iranian individuals

(a)

In general

Section 221 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8727) is amended to read as follows:

221.

Identification of, and imposition of sanctions with respect to, certain Iranian individuals

(a)

Identification of individuals

Not later than 90 days after the date of the enactment of the Iran Human Rights Accountability Act of 2014, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a list of all individuals the President determines are described in subsection (b).(b)

Individuals described

An individual described in this subsection is—(1)the Supreme Leader of Iran;(2)the President of Iran;(3)a current or former key official, manager, or director of an entity that may be owned or controlled by—(A)the Supreme Leader of Iran;(B)the Office of the Supreme Leader of Iran;(C)the President of Iran;(D)the Office of the President of Iran;(E)Iran’s Revolutionary Guard Corps;(F)the Basij-e Motaz’afin;(G)the Guardian Council;(H)the Ministry of Intelligence and Security of Iran;(I)the Atomic Energy Organization of Iran;(J)the Islamic Consultative Assembly of Iran;(K)the Assembly of Experts of Iran;(L)the Ministry of Defense and Armed Forces Logistics of Iran;(M)the Ministry of Justice of Iran;(N)the Ministry of Interior of Iran;(O)the prison system of Iran;(P)the judicial system of Iran, including the Islamic Revolutionary Courts; or(Q)any citizen of Iran included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;(4)or senior adviser to an official or entity specified in any of subparagraphs (A) through (Q) of paragraph (3);(5)a citizen of Iran indicted in a foreign country for, or otherwise suspected of, participation in a terrorist attack; or(6)a family member of an individual described in any of paragraphs (1) through (4) who is not a United States person.(c)

Exclusion from United States

Except as provided in subsection (f), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who is on the list required by subsection (a).(d)

Blocking of property

Except as provided in subsection (f), the President shall block and prohibit all transactions in all property and interests in property of any individual who is on the list required by subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.(e)

Report

Not later than 90 days after the date of the enactment of the Iran Human Rights Accountability Act of 2014, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report that describes the efforts the President has taken during the 90 days preceding the submission of the report to locate and block all property and interests in property of any individual who is on the list required by subsection (a).(f)

Exceptions

(1)

In general

The President may not include an individual on the list required by subsection (a) if the President determines that, during the 10-year period preceding the determination, the individual has not in any way engaged in, facilitated, or otherwise supported—(A)human rights abuses;(B)acts of international terrorism; or(C)the proliferation of weapons of mass destruction.(2)

Compliance with United Nations Headquarters Agreement

Subsection (c) shall not apply to the head of state of Iran, or necessary staff of that head of state, if admission to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States.(g)

Waiver

(1)

In general

The President may waive the application of subsection (a), (c), or (d) with respect to an individual for a period of 180 days, and may renew that waiver for additional periods of 180 days, if the President—(A)determines that the waiver is vital to the national security of the United States; and(B)not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver.(2)

Form of report

Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.

.(b)

Clerical amendment

The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.) is amended by striking the item relating to section 221 and inserting the following:Sec. 221. Identification of, and imposition of sanctions with respect to, certain Iranian individuals..

5.

Imposition of sanctions with respect to persons who conduct transactions with or on behalf of certain Iranian individuals

(a)

In general

Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by inserting after section 221 the following:

221A.

Imposition of sanctions with respect to persons who conduct transactions with or on behalf of certain Iranian individuals

(a)

Sale, supply, or transfer of goods and services

The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to a person if the President determines that the person knowingly, on or after the date that is 120 days after the date of the enactment of the Iran Human Rights Accountability Act of 2014, sells, supplies, or transfers goods or services to an individual who is on the list required by section 221(a).(b)

Facilitation of certain transactions

The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by any foreign financial institution that the President determines has knowingly conducted or facilitated a significant financial transaction on behalf of an individual who is on the list required by section 221(a).(c)

Waiver

(1)

In general

The President may waive the application of subsection (a) or (b) with respect to a person for a period of 180 days, and may renew that waiver for additional periods of 180 days, if the President—(A)determines that the waiver is vital to the national security of the United States; and(B)not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver.(2)

Form of report

Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.(d)

Application of certain provisions of the iran sanctions act of 1996

The following provisions of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) shall apply with respect to the imposition of sanctions under subsection (a) to the same extent that such provisions apply with respect to the imposition of sanctions under section 5(a) of the Iran Sanctions Act of 1996:(1)Subsections (c), (d), and (f) of section 5.(2)Section 8.(3)Section 11.(4)Section 12.(5)Section 13(b).(e)

Definitions

In this Act:(1)

Account; correspondent account; payable-through account

The terms account, correspondent account, and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code.(2)

Foreign financial institution

The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).

.(b)

Clerical amendment

The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.) is amended by inserting after the item relating to section 221 the following:Sec. 221A. Imposition of sanctions with respect to persons who conduct transactions with or on behalf of certain Iranian individuals..

6.

United States support for the people of Iran

(a)

In general

Subtitle B of title IV of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8751 et seq.) is amended by adding at the end the following:

416.

United States support for the people of Iran

(a)

Policy of the United States

It is the policy of the United States—(1)to support the efforts of the people of Iran to promote the establishment of basic freedoms in Iran;(2)to lay the foundation for the emergence of a freely elected, open, and democratic political system in Iran that is not a threat to its neighbors or to the United States and to work with all citizens of Iran who seek to establish such a political system;(3)to support the emergence of a government in Iran that does not oppress the people of Iran and does not persecute, intimidate, arrest, imprison, or execute dissidents or minorities;(4)to advocate on behalf of those in Iran persecuted for their religion or belief;(5)to assist the people of Iran to produce, access, and share information freely and safely through the Internet and other media; and(6)to defeat all attempts by the Government of Iran to jam or otherwise obstruct international satellite broadcast signals.(b)

Sense of Congress

It is the sense of Congress that—(1)the United States should support citizens of Iran that actively work to advance political, economic, and social reforms, including freedom of the press, freedom of assembly, freedom of religion, and representative government;(2)the President should use all available nonviolent means to support citizens of Iran that advocate for pluralistic, prosperous, and participatory societies;(3)programs of the Department of State to support reform in Iran have not resulted in a more democratic Iran;(4)the Government of Iran continues to play a pernicious role in the Middle East, undermining democratic consolidation in Iraq, supporting international terrorism through Hezbollah, and aiding the autocratic regime of Bashar al-Assad in Syria;(5)the Secretary of State should make every effort to deliver support directly to people working in Iran to implement programs carried out using assistance provided by the Department of State when possible and all possible means of delivering such assistance should be used; and(6)oversight, management, and implementation of programs of the Department of State to support reform in Iran should be under the direction of the Special Coordinator on Human Rights and Democracy in Iran established under section 7 of the Iran Human Rights Accountability Act of 2014, in consultation with the Assistant Secretary of State for Democracy, Human Rights, and Labor.(c)

Assistance To support reform in Iran

(1)

Assistance authorized

Notwithstanding any other provision of law, the Secretary of State may provide assistance (including through the award of grants) to individuals and entities working in Iran for the purpose of supporting and promoting the rule of law, good governance, civil society, and economic opportunity in Iran.(2)

Eligibility for assistance

Assistance authorized under this subsection should be provided only to an individual or entity that—(A)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 during the 4-year period ending on the date of the enactment of the Iran Human Rights Accountability Act of 2014;(B)advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel;(C)is dedicated to democratic values and supports the adoption of a democratic form of government in Iran;(D)is dedicated to respect for human rights, including the fundamental equality of women; and(E)supports freedom of the press, freedom of speech, freedom of association, and freedom of religion.(3)

Notification requirement

Not later than 15 days before each obligation of assistance under this subsection, the Secretary of State shall notify the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs 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).(4)

Authorization of appropriations

Of the amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the Economic Support Fund) for fiscal year 2015, not less than $32,000,000 shall be made available to the Secretary of State to carry out this subsection.(5)

Termination

The authority to provide assistance under this subsection shall expire on December 31, 2018.(d)

Reports

Not later than 60 days after the date of the enactment of the Iran Human Rights Accountability Act of 2014, and every 180 days thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of this section that includes the following:(1)An identification of the actions the President has taken during the 180-day period preceding the submission of the report to advance each of the policies described in subsection (a).(2)A clear strategy for advancing political, economic, and social reform in Iran that includes benchmarks for success that lead to a set of identified discrete goals and objectives.(3)A plan to monitor and evaluate the effectiveness of the provision of assistance authorized under subsection (c), including measures of effectiveness.(4)The status of the programming of assistance under subsection (c).(5)An analysis of any past programming of assistance under subsection (c) and its effectiveness with respect to supporting and promoting the rule of law, good governance, civil society, and economic opportunity in Iran.

.(b)

Clerical amendment

The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 415 the following:Sec. 416. United States support for the people of Iran..

7.

United States Special Coordinator on Human Rights and Democracy in Iran

(a)

Designation

The President shall designate within the Department of State a Special Coordinator on Human Rights and Democracy in Iran (in this section referred to as the Special Coordinator).(b)

Consultation and qualifications

The Secretary shall consult with the chairmen and ranking members of the appropriate congressional committees before the designation of the Special Coordinator. The role of Special Coordinator should be filled by an official of the Department of State appointed by and serving at the pleasure of the President in a position not lower than Under Secretary on the day before the date of the enactment of this Act.(c)

Duties

The Special Coordinator shall carry out the following duties:(1)Coordinate the activities of the United States Government that promote human rights, democracy, political freedom, and religious freedom inside Iran.(2)Coordinate the activities of the United States Government that promote human rights, political freedom, and religious freedom for Iranian refugees and asylees living outside Iran.(3)Ensure the comprehensive investigation and designation of Iranian human rights abusers in accordance with section 105 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514).(4)Coordinate the documentation and publicizing of political dissidents and cases of human rights abuse inside Iran.(5)Coordinate multilateral efforts to build international support for the promotion of human rights, democracy, political freedom, and religious freedom in Iran, including broadcasting, Internet access, and dissemination of information.(6)Encourage the United Nations, multilateral organizations, and human rights nongovernmental organizations to more robustly investigate and report on human rights abuses in Iran.(7)Encourage foreign governments to downgrade or sever diplomatic relations with the Government of Iran, enact economic sanctions, and assist Iranian dissidents in response to the continued violations of human rights by the Government of Iran.(8)Encourage foreign governments to expel Iran from international fora and organizations with a human rights component, including the United Nations Commission on the Status of Women, the United Nations Educational, Scientific and Cultural Organization, the United Nations Children's Fund, and the International Labour Organization.(9)Coordinate all programs funded under the Iran Freedom Support Act (Public Law 109–293; 22 U.S.C. 2151 note).(d)

Authority

(1)

Coordination of activities

The Special Coordinator shall coordinate all activities related to Iran carried out by the Bureau of Near Eastern Affairs, the Bureau of Democracy, Human Rights and Labor, and the Bureau of Population, Refugees and Migration of the Department of State, the Ambassador-at-Large for International Religious Freedom, the Special Envoy to Monitor and Combat Anti-Semitism, the United States Commission on International Religious Freedom, the National Endowment for Democracy, and the Broadcasting Board of Governors.(2)

Coordination of use of funds

The Special Coordinator shall coordinate and oversee the obligation and expenditure of funds related to human rights, democracy, Internet freedom, and broadcasting activities in Iran, including funds made available for such purposes to the Middle East Partnership Initiative, the United States Commission on International Religious Freedom, the Broader Middle East and North Africa Initiative, the Human Rights and Democracy Fund, and the Near Eastern Regional Democracy Fund.(e)

Diplomatic representation

Subject to the direction of the President and the Secretary of State, the Special Coordinator shall represent the United States in matters and cases relevant to the promotion of human rights, democracy, political freedom, and religious freedom in Iran in—(1)contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization for Security and Co-operation in Europe, and other international organizations of which the United States is a member; and(2)multilateral conferences and meetings relevant to the promotion of human rights, democracy, political freedom, and religious freedom in Iran.(f)

Consultations

The Special Coordinator shall consult with Congress, domestic and international nongovernmental organizations, labor organizations, and multilateral organizations and institutions as the Special Coordinator considers appropriate to fulfill the purposes of this section.(g)

Funding

From amounts made available for the Department of State for Near East Affairs in fiscal years before fiscal year 2015, the Secretary of State shall provide to the Special Coordinator such sums as may be necessary for fiscal year 2015 for the hiring of staff, for the conduct of investigations, and for necessary travel to carry out this section.(h)

Appropriate congressional committees defined

In this section, the term appropriate congressional committees means(1)the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and(2)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

8.

Broadcasting to Iran

(a)

In general

Radio Free Europe/Radio Liberty and the Voice of America services broadcasting to Iran shall—(1)provide news and information that is accessible, credible, comprehensive, and accurate;(2)emphasize investigative and analytical journalism provided by Iranian or pro-Iranian media outlets; and(3)strengthen civil society by promoting democratic processes, respect for human rights, and freedom of the press and expression.(b)

Programming surge

Radio Free Europe/Radio Liberty and Voice of America programming to Iran shall—(1)provide programming content 24 hours a day and 7 days a week to target populations using all available and effective distribution outlets, including at least 12 hours a day of original television and video content, not including live video streaming of breaking news;(2)create mobile platforms with an embedded proxy to offer the people of Iran the opportunity to securely listen to programming;(3)increase number of staffers based in the region to allow for more direct contact with the people of Iran;(4)expand the use, audience, and audience engagement of mobile news and multimedia platforms by the Voice of America and the Radio Farda service of Radio Free Europe/Radio Liberty, including through Internet-based social networking platforms; and(5)establish fellowships for Iranian journalists who have fled the country to learn about free, competitive media and be trained in surrogate reporting.(c)

Authorization of appropriations

There are authorized to be appropriated for fiscal year 2015, in addition to funds otherwise made available for such purposes, $10,000,000 to carry out Iran-focused programming by Radio Free Europe/Radio Liberty and the Voice of America, for the purpose of bolstering existing United States programming to the people of Iran and increasing programming capacity and jamming circumvention technology to overcome any disruptions to service.

9.

Sense of Congress on establishment of multilateral mechanism to promote human rights in Iran

It is the sense of Congress that the United States should work with the European Union and other countries with a common commitment to fundamental rights and freedoms to explore the possibility of establishing a formal multilateral mechanism to advocate for the promotion of human rights, democracy, political freedom, and religious freedom in Iran.

10.

Sense of Congress on role of the United Nations in promoting human rights in Iran

It is the sense of Congress that—(1)the United Nations has a significant role to play in promoting and improving human rights in Iran;(2)the United States should continue to support the work of the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran; and(3)the egregious human rights violations in Iran warrant country-specific attention and continued reporting by the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, the Working Group on Arbitrary Detention, 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, its causes, and consequences, of the United Nations.

11.

Rule of construction with respect to the use of force

Nothing in this Act or the amendments made by this Act shall be construed as a declaration of war or an authorization of the use of force.