20
SEC. 131. DEFINITIONS.
21
In this subtitle:
22
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’
23
and ‘‘alien’’ have the meanings given those terms in 24
section 101(a) of the Immigration and Nationality 1
Act (8 U.S.C. 1101(a)).
2
(2) APPROPRIATE CONGRESSIONAL COMMIT -3
TEES.—The term ‘‘appropriate congressional com-4
mittees’’ means—
5
(A) the Committee on Foreign Relations, 6
the Committee on Finance, and the Committee 7
on Banking, Housing, and Urban Affairs of the 8
Senate; and 9
(B) the Committee on Foreign Affairs, the 10
Committee on Ways and Means, and the Com-11
mittee on Financial Services of the House of 12
Representatives.
13
(3) CREDIBLE INFORMATION.—The term ‘‘cred-14
ible information’’ has the meaning given that term 15
in section 4(e)(4) of the Iran Sanctions Act of 1996, 16
as amended by section 104(b) of this Act.
17
(4) KNOWINGLY.—The term ‘‘knowingly’’ has 18
the meaning given that term in section 14 of the 19
Iran Sanctions Act of 1996 (Public Law 104–172;
20
50 U.S.C. 1701 note).
21
(5) UNITED STATES PERSON.—The term 22
‘‘United States person’’ has the meaning given that 23
term in section 101(10) of the Comprehensive Iran 24
Sanctions, Accountability, and Divestment Act of 1
2010 (22 U.S.C. 8511(10)).
2
SEC. 132. IMPOSITION OF SANCTIONS WITH RESPECT TO
3
THE TRANSFER OF GOODS OR
TECH-4
NOLOGIES TO THE ISLAMIC REPUBLIC OF
5
IRAN THAT MAY BE USED TO COMMIT HUMAN
6
RIGHTS ABUSES.
7
(a) INVESTIGATIONS; DETERMINATIONS.—
8
(1) IN GENERAL.—Except as provided in para-9
graph (3), upon receiving credible information that 10
a person may have engaged in an activity described 11
in paragraph (2), the President shall initiate an in-12
vestigation and, not later than 180 days after initi-13
ating the investigation, make a determination with 14
respect to whether that person engaged in that activ-15
ity.
16
(2) ACTIVITY DESCRIBED.—
17
(A) IN GENERAL.—A person engages in an 18
activity described in this subparagraph if the 19
person knowingly, on or after the date of the 20
enactment of this Act—
21
(i) transfers, or facilitates the transfer 22
of, goods or technologies described in sub-23
paragraph (C) to the Islamic Republic of 24
Iran; or 25
(ii) provides services with respect to 1
goods or technologies described in subpara-2
graph (C) after such goods or technologies 3
are transferred to the Islamic Republic of 4
Iran.
5
(B) APPLICABILITY TO CONTRACTS AND
6
OTHER AGREEMENTS.—A person engages in an 7
activity described in subparagraph (A) without 8
regard to whether the activity is carried out 9
pursuant to a contract or other agreement en-10
tered into before, on, or after the date of the 11
enactment of this Act.
12
(C) GOODS OR TECHNOLOGIES DE -13
SCRIBED.—Goods or technologies described in 14
this subparagraph are—
15
(i) firearms or ammunition (as those 16
terms are defined in section 921 of title 17
18, United States Code), accessories for 18
firearms, rubber bullets, clubs, batons, po-19
lice sticks, mace, stun grenades, tasers or 20
other electroshock weapons, tear gas, water 21
cannons, motorcycles, or surveillance tech-22
nology, if any of such goods or technologies 23
may be used by the Government of the Is-24
lamic Republic of Iran or any of its agen-1
cies or instrumentalities;
2
(ii) sensitive technology (as defined in 3
section 106(c) of the Comprehensive Iran 4
Sanctions, Accountability, and Divestment 5
Act of 2010 (22 U.S.C. 8515(c)); and 6
(iii) other goods or technologies that 7
the President determines may be used by 8
the Government of the Islamic Republic of 9
Iran, or any of its agencies or instrumen-10
talities, to commit human rights abuses 11
against the people of the Islamic Republic 12
of Iran.
13
(3) SPECIAL RULE TO ALLOW FOR TERMI -14
NATION OF SANCTIONABLE ACTIVITY.—The Presi-15
dent shall not be required to initiate an investiga-16
tion, and may terminate an investigation, under this 17
subsection if the President certifies in writing to the 18
appropriate congressional committees that—
19
(A) the person whose activity was the basis 20
for the investigation is no longer engaging in 21
the activity or has taken significant verifiable 22
steps toward stopping the activity; and 23
(B) the President has received reliable as-24
surances that the person will not knowingly en-25
gage in an activity described in paragraph (2) 1
in the future.
2
(b) LIST.—
3
(1) IN GENERAL.—The President shall submit 4
to the appropriate congressional committees a list of 5
each person the President determines has engaged in 6
an activity described in subsection (a)(2)—
7
(A) not later than 210 days after the date 8
of the enactment of this Act, and every 180 9
days thereafter; and 10
(B) as new information becomes available.
11
(2) FORM OF LIST.—The list required by para-12
graph (1) shall be submitted in unclassified form but 13
may contain a classified annex.
14
(c) ASSET FREEZE.—The President shall freeze and 15
prohibit all transactions in all property and interests in 16
property of a person on the list required by subsection (b) 17
if such property and interests in property are in the 18
United States, come within the United States, or are or 19
come within the possession or control of a United States 20
person.
21
(d) WAIVER AUTHORITY.—The President may waive 22
the application of this section with respect to a person if 23
the President—
24
(1) determines that such a waiver is in the na-1
tional interest of the United States; and 2
(2) submits to the appropriate congressional 3
committees a report describing the reasons for the 4
waiver.
5
(e) TERMINATION.—The provisions of this section 6
shall terminate on the date described in section 105(d) 7
of the Comprehensive Iran Sanctions, Accountability, and 8
Divestment Act of 2010 (22 U.S.C. 8514(d)).
9
SEC. 133. IRAN FREEDOM SUPPORT ACT
REAUTHORIZA-10
TION.
11
(a) ADDITIONAL FORMS OF ASSISTANCE.—Section 12
302(a)(1) of the Iran Freedom Support Act (Public Law 13
109–293; 22 U.S.C. 2151 note) is amended by adding at 14
the end the following: ‘‘Such assistance may also include 15
the award of grants and the formation of public-private 16
partnerships to facilitate or subsidize the enrollment in or 17
directly provide Internet-based Farsi- or English-language 18
higher education courses for people in Iran denied access 19
to higher education solely on the basis of their race, reli-20
gion, ethnicity, language, sexual orientation, belief, polit-21
ical opinion, membership in a political party or inde-22
pendent labor union, or lifestyle.’’.
23
(b) USE OF NEAR EAST REGIONAL DEMOCRACY
24
FUNDS.—Section 302(c)(1) of such Act is amended by 25
striking ‘‘and the Human Rights and Democracy Fund’’
1
and inserting ‘‘the Human Rights and Democracy Fund, 2
and the Near East Regional Democracy program’’.
3
(c) REAUTHORIZATION.—Section 302(f) of such Act 4
is amended by striking ‘‘2011’’ and inserting ‘‘2016’’.
5
SEC. 134. SPECIAL REPRESENTATIVE ON HUMAN RIGHTS
6
AND DEMOCRACY IN THE ISLAMIC REPUBLIC
7
OF IRAN.
8
(a) APPOINTMENT.—The President shall appoint a 9
Special Representative on Human Rights and Democracy 10
in the Islamic Republic of Iran (in this section and section 11
135 referred to as the ‘‘Special Representative’’) within 12
the Department of State.
13
(b) QUALIFICATIONS.—The Special Representative 14
should be a person of recognized distinction in the field 15
of human rights and democracy promotion who shall have 16
the rank of ambassador and shall hold the office at the 17
pleasure of the President.
18
(c) DUTIES.—The Special Representative shall carry 19
out the following duties:
20
(1) Coordinate United States Government-wide 21
activities that promote human rights, democracy, po-22
litical freedom, and religious freedom inside the Is-23
lamic Republic of Iran.
24
(2) Coordinate United States Government-wide 1
activities that promote human rights, political free-2
dom, and religious freedom for Iranian refugees and 3
asylees living outside the Islamic Republic of Iran.
4
(3) Ensure the comprehensive investigation and 5
designation of Iranian human rights abusers in ac-6
cordance with section 105 of the Comprehensive 7
Iran Sanctions, Accountability, and Divestment Act 8
of 2011 (22 U.S.C. 8514).
9
(4) Coordinate the documentation and publicity 10
of political dissidents and cases of human rights 11
abuse inside the Islamic Republic of Iran.
12
(5) Coordinate multilateral efforts to build 13
international support for the promotion of human 14
rights, democracy, political freedom, and religious 15
freedom in the Islamic Republic of Iran, including 16
broadcasting, Internet access, and dissemination of 17
information.
18
(6) Encourage the United Nations, multilateral 19
organizations, and human rights nongovernmental 20
organizations to more robustly investigate and re-21
port on human rights abuses in the Islamic Republic 22
of Iran.
23
(7) Encourage foreign governments to down-24
grade or sever diplomatic relations with the Govern-25
ment of the Islamic Republic of Iran, enact economic 1
sanctions, and assist Iranian dissidents in response 2
to the Government of the Islamic Republic of Iran’s 3
continued violations of human rights.
4
(8) Encourage foreign governments to expel the 5
Islamic Republic of Iran from international fora and 6
organizations with a human rights component, in-7
cluding the United Nations Human Rights Council, 8
the United Nations Commission on the Status of 9
Women, the United Nations Educational, Scientific 10
and Cultural Organization, the United Nations Chil-11
dren’s Fund, and the International Labour Organi-12
zation.
13
(9) Coordinate all programs funded under the 14
Iran Freedom Support Act (Public Law 109–293;
15
22 U.S.C. 2151 note).
16
(d) AUTHORITY.—
17
(1) COORDINATION OF ACTIVITIES.—The Spe-18
cial Representative shall coordinate all activities re-19
lated to the Islamic Republic of Iran carried out by 20
the Bureau of Near Eastern Affairs, the Bureau of 21
Democracy, Human Rights and Labor, and the Bu-22
reau of Population, Refugees and Migration of the 23
Department of State, the Ambassador at Large for 24
International Religious Freedom, and the Special 1
Envoy to Monitor and Combat Anti-Semitism.
2
(2) COORDINATION OF USE OF FUNDS.—The 3
Special Representative shall coordinate and oversee 4
the obligation and expenditure of funds related to 5
human rights, democracy, Internet freedom, and 6
broadcasting activities in the Islamic Republic of 7
Iran, including funds made available for such pur-8
poses to the Middle East Partnership Initiative 9
(MEPI), the Broader Middle East, and North Africa 10
Initiative, the Human Rights and Democracy Fund, 11
and Near Eastern Regional Democracy.
12
(e) DIPLOMATIC REPRESENTATION.—Subject to the 13
direction of the President and the Secretary of State, the 14
Special Representative is authorized to represent the 15
United States in matters and cases relevant to the pro-16
motion of human rights, democracy, political freedom, and 17
religious freedom in the Islamic Republic of Iran in—
18
(1) contacts with foreign governments, intergov-19
ernmental organizations, and specialized agencies of 20
the United Nations, the Organization of Security 21
and Cooperation in Europe, and other international 22
organizations of which the United States is a mem-23
ber; and 24
(2) multilateral conferences and meetings rel-1
evant to the promotion of human rights, democracy, 2
political freedom, and religious freedom in the Is-3
lamic Republic of Iran.
4
(f) CONSULTATIONS.—The Special Representative 5
shall consult with domestic and international nongovern-6
mental organizations, unions, multilateral organizations 7
and institutions as the Special Representative considers 8
appropriate to fulfill the purposes of this Act.
9
(g) FUNDING.—Of prior year funds made available 10
for ‘‘Near East Regional Democracy,’’ the Secretary of 11
State shall provide to the Special Representative such 12
sums as may be necessary for fiscal year 2012 for the 13
hiring of staff, for the conduct of investigations, and for 14
necessary travel to carry out the provisions of this Act.
15
SEC. 135. COMPREHENSIVE STRATEGY TO PROMOTE
16
INTERNET FREEDOM AND ACCESS TO
INFOR-17
MATION IN THE ISLAMIC REPUBLIC OF IRAN.
18
Not later than 90 days after the date of the enact-19
ment of this Act, the President, in coordination with the 20
Special Representative on Human Rights and Democracy 21
in the Islamic Republic of Iran, shall submit to the Com-22
mittees on Appropriations and Foreign Affairs of the 23
House of Representatives and the Committees on Appro-24
priations and Foreign Relations of the Senate a com-25
prehensive strategy developed in consultation with the De-1
partment of State, other Federal agencies, the National 2
Endowment for Democracy, the Broadcasting Board of 3
Governors, and nongovernmental organizations, including 4
current implementers and unions, as appropriate, to—
5
(1) help the people of the Islamic Republic of 6
Iran produce, access, and share information freely 7
and safely via the Internet, including in Farsi and 8
regional languages;
9
(2) support the development of counter-censor-10
ship technologies that enable the citizens of the Is-11
lamic Republic of Iran to undertake Internet activi-12
ties without interference from their government;
13
(3) increase the capabilities and availability of 14
secure mobile communications among human rights 15
and democracy activists in the Islamic Republic of 16
Iran;
17
(4) provide resources for digital safety training 18
for media, unions, and academic and civil society or-19
ganizations in the Islamic Republic of Iran;
20
(5) increase the amount of accurate Internet 21
content in local languages in the Islamic Republic of 22
Iran;
23
(6) increase emergency resources for the most 24
vulnerable human rights advocates seeking to orga-25
nize, share information, and support human rights 1
in the Islamic Republic of Iran;
2
(7) expand surrogate radio, television, live 3
stream, and social network communications inside 4
the Islamic Republic of Iran and improve Voice of 5
America’s Persian News Network and Radio Free 6
Europe/Radio Liberty’s Radio Farda to provide 24/
7
7 hourly live news update and breaking news cov-8
erage capability;
9
(8) expand activities to safely assist and train 10
human rights, civil society, and union activists in the 11
Islamic Republic of Iran to operate effectively and 12
securely;
13
(9) defeat all attempts by the Government of 14
the Islamic Republic of Iran to jam or otherwise 15
deny international satellite broadcasting signals; and 16
(10) expand worldwide United States embassy 17
and consulate programming for and outreach to Ira-18
nian dissident communities.
19
SEC. 136. EXPEDITED CONSIDERATION OF REQUESTS FOR
20
AUTHORIZATION OF HUMAN RIGHTS AND
DE-21
MOCRACY-RELATED ACTIVITIES WITH
RE-22
SPECT TO THE ISLAMIC REPUBLIC OF IRAN.
23
(a) REQUIREMENT.—The Office of Foreign Assets 24
Control shall establish a 30-day expedited process for the 25
consideration of requests for authorization of human 1
rights or democracy-related activities relating to the Is-2
lamic Republic of Iran submitted by—
3
(1) entities receiving funds from the Depart-4
ment of State;
5
(2) the Broadcasting Board of Governors; and 6
(3) other appropriate agencies of the United 7
States Government.
8
(b) REGULATIONS.—The Secretary of the Treasury 9
shall prescribe such regulations as are appropriate to 10
carry out the requirement in subsection (a).
11