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# Legislative Bulletin...........................................April 26, 2006

> **Contents:**
>
> **H.Con.Res. 365** --- Urging the Government of China to reinstate all
> licenses of Gao Zhisheng and his law firm, remove all legal and
> political obstacles for lawyers attempting to defend criminal cases in
> China, including politically sensitive cases, and revise law and
> practice in China so that it conforms to international standards
>
> **H.R. 282** - Iran Freedom Support Act

H.Con.Res 365 --- Urging the Government of China to reinstate all
licenses of Gao Zhisheng and his law firm, remove all legal and
political obstacles for lawyers attempting to defend criminal cases in
China, including politically sensitive cases, and revise law and
practice in China so that it conforms to international standards --- *as
introduced* (Kennedy, R-MN)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on Wednesday, April 26, 2006, under a motion to suspend
the rules and pass the resolution.

**[Summary]{.underline}:** H.Con.Res. 365 would urge the Government of
China to reinstate all licenses of Gao Zhisheng and his law firm, and
remove legal and political obstacles for lawyers attempting to defend
criminal cases in China. The resolution states the Sense of Congress
that:

-   "the Government of the United States should support democracy and
    human rights programs that strengthen protection of basic rights and
    freedoms, and should initiate programs to train lawyers, judges,
    academics, and students in China about international human rights
    law, to inform citizens of China about international human rights
    norms, and to build organizations and associations to promote these
    priorities;

-   "the Government of the United States should seek grant proposals and
    fund programs to promote legal protections and cultural awareness of
    the right to the freedom of religion or belief commensurate to
    ongoing rule of law programs funded by the Human Rights and
    Democracy Fund for Chinese workers, women, and public interest law
    training; and

-   "the President should raise the issue of the Government of China's
    harassment, arrest, detention, and persecution of rights defense
    lawyers and activists and the need for the Government of China to
    respect the basic human rights of its citizens and the rule of law
    during his planned meeting with Chinese President Hu Jintao in April
    2006."

H.Con.Res. 365 also resolves that Congress urges several specific
actions, including the following:

-   "urges the Government of the People's Republic of China, at all
    levels, to cease its harassment of Mr. Gao Zhisheng, overturn the
    suspension of his license to practice law, and restore his legal
    right to represent the clients of his choosing as protected by
    China's own Constitution, its Criminal Procedure Law, and its
    Lawyers Law;

-   "urges the Government of the People's Republic of China to repeal
    Article 306 of the Criminal Code of China, which provides penalties
    for lawyers whose clients are accused of perjury and has been used
    to curtail the active legal defense of individuals accused of
    political crimes;

-   "urges the Government of the People's Republic of China to respect
    fully the universality of the right to freedom of religion or belief
    and other human rights;

-   "urges the Government of the People's Republic of China to ratify
    and implement in law the International Covenant on Civil and
    Political Rights, and to adopt such legislative or other measures as
    may be necessary to give effect to the rights recognized in the
    Covenant;

-   "urges the Government of the People's Republic of China to halt
    arrests, harassment, and intimidation of leaders of unregistered
    religious organizations on the basis that their organizations
    violated the law by not registering with the Government of China;

-   "urges the Government of the People's Republic of China to amend the
    Regulations on Religious Affairs to conform more closely with the
    internationally recognized freedom of thought, conscience, religion
    or belief and allow all religious believers in China to practice
    their religion without interference from the government or from
    government sponsored 'patriotic religious associations'; and

-   "urges the Government of the People's Republic of China to release
    Pastor Cai Zhuohua, his wife, and others imprisoned with him, and to
    allow Pastor Cai to resume religious activities and to resume
    leadership of his congregation in Beijing."

**[Additional Information:]{.underline}** Gao Zhisheng is a Chinese army
veteran and self-taught lawyer. He is the founder and star litigator of
the well known Beijing-based Shengzhi Law office. Zhisheng's law office
is one of a few Chinese law firms involved with human rights issues. In
November 2005, the Chinese government ordered his law firm suspended
from doing business for one year.

Amnesty International states, "The closure comes shortly after the
firm's director sent an open letter to the Chinese President Hu Jintao
and Premier Wen Jiabao urging them to end the "barbaric" persecution of
Falun Gong practitioners in China. It is believed that the closure of
the firm is closely linked with this letter\... Amnesty International is
concerned that this suspension will severely undercut the work of human
rights activists in the country."

For more information, please see these related articles:

<http://www.washingtonpost.com/wp-dyn/content/article/2005/11/05/AR2005110501385_pf.html>

<http://web.amnesty.org/library/Index/ENGASA170012006?open=&of=ENG-CHN>

[**Committee Action**:]{.underline} H.Con.Res. 365 was introduced on
March 28, 2006, and referred to the Committee on International
Relations, which took no official action.

[**Cost to Taxpayers**:]{.underline} The resolution authorizes no
expenditure.

[**Does the Bill Expand the Size and Scope of the Federal
Government?**:]{.underline} No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[RSC Staff Contact:]{.underline}** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

H.R. 282---Iran Freedom Support Act (Ros-Lehtinen, R-FL)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, April 26^th^, under a motion to suspend the
rules and pass the bill.

[NOTE]{.underline}: H.R. 282 currently has 355 co-sponsors.

**[Summary]{.underline}**: H.R. 282 would provide that U.S. sanctions,
controls, and regulations relating to weapons of mass destruction (WMD)
with respect to Iran are to remain in effect, until the President
certifies to Congress that Iran has permanently and verifiably
dismantled its weapons of mass destruction programs and has committed to
combating the proliferation of WMDs. (These sanctions are currently
implemented via executive order, so this bill would codify them.) This
certification would have [no]{.underline} effect on other sanctions
relating to Iran's support of international terrorism. Parent companies
of foreign entities that violate sanctions against Iran would be liable
as if they had violated the sanctions themselves.

[]{.mark}

The bill would also amend the Iran and Libya Sanctions Act of 1996 (50
U.S.C. 1701 note) to:

-   update and accelerate reporting requirements regarding sanctions on
    individuals aiding Iranian petroleum development;

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-   shorten to six months (from an undefined time period) the period in
    which the President may waive sanctions under the Iran and Libya
    Sanctions Act;

-   increase the legal hurdle over which the President would have to
    jump to waive the sanctions (by certifying that such waiver is
    "vital to the national security of the United States)";

-   instruct the President to direct the Secretary of the Treasury, upon
    receipt of credible information about a person's alleged illegal
    activity related to investment in Iran, to initiate an investigation
    into the possible imposition of sanctions against such person as a
    result of such activity, to notify such person of such
    investigation, and to provide a recommendation to the President for
    such purposes;

-   eliminate mandatory sanction provisions respecting Libya;

-   impose mandatory sanctions on a person or entity that aids Iran in
    acquiring or developing WMDs or destabilizing types and numbers of
    conventional weapons;

-   expand the scope of sanctionable entities to include private or
    government lenders, insurers, underwriters, re-insurers, and
    guarantors (if the entities knowingly engaged in sanctionable
    activities on or after March 15, 2006);

-   expand the definition of petroleum to include petroleum by-products;
    and

-   strike the five-year the sunset provision of the Act.

[]{.mark}

The bill would require the Secretary of State to publish in the Federal
Register an itemized list of all foreign and domestic entities that have
invested more than \$20 million in Iran's energy sector since August 5,
1996. Financial managers would be encouraged to divest their plans or
funds from listed entities and not invest in such entities in the
future.

H.R. 282 would withhold financial assistance to foreign countries who
(or whose individuals) maintains more than \$20 million invested in
Iran's energy sector (subject to presidential waiver for reasons
"important to the national security interests of the United States" and
congressional notification).

[]{.mark}

The bill would declare it the policy of the U.S. to strengthen the
nuclear nonproliferation treaty.

The bill would declare it the policy of the U.S. to support independent
human rights and pro-democracy forces in Iran and then **authorize "such
sums"** for the President to provide financial and political assistance
(including the **award of grants**) to eligible foreign and domestic
individuals and groups that support democracy in Iran and that are
opposed to the Government of Iran. The funds could not used to support
the use of force against Iran. Eligible recipients must:

-   officially oppose the use of violence and terrorism and has not been
    designated as a foreign terrorist organization at any time during
    the preceding four years;

-   advocate the adherence by Iran to nonproliferation regimes for
    nuclear, chemical, and biological weapons and materials;

-   be dedicated to democratic values and supports the adoption of a
    democratic form of government in Iran;

-   be dedicated to respect for human rights, including the fundamental
    equality of women;

-   work to establish equality of opportunity for people; and

-   support freedom of the press, freedom of speech, freedom of
    association, and freedom of religion.

Funds for such assistance could also come from the Middle East
Partnership Initiative, the Broader Middle East and North Africa
Initiative, and the National Endowment for Democracy. The Secretary of
State could waive export licenses to promote the grant pro-democracy
program, under certain listed circumstances.

Expresses various senses of Congress, including that:

-   the U.S. should work for the passage of a UN resolution imposing
    sanctions on Iran because of its breaches of its nuclear
    nonproliferation obligations;

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-   contacts should be expanded with democratic Iranian opposition
    groups;

-   support for a transition to democracy in Iran should be expressed by
    U.S. representatives and officials in all appropriate international
    fora;

-   particular attention should be paid to nuclear weapons cooperation
    that Iran has with Russia, China, Malaysia, and Pakistan; and

-   U.S. officials and representatives should "strongly and
    unequivocally support indigenous efforts in Iran calling for free,
    transparent, and democratic elections."

**[Additional Background]{.underline}**: The Iran and Libya Sanctions
Act of 1996 was passed in the 104^th^ Congress and became Public Law
104-172. The Government of Iran has a long record of human rights
violations, international agreements violations, pursuit of weapons of
mass destruction, support of international terrorism, and violently
anti-Western, anti-Israel, anti-Semitic rhetoric. Recently, the House
passed two resolutions to this effect: H.Con.Res. 341 and H.Res. 523,
both of which passed nearly unanimously.

**[Committee Action]{.underline}**: The bill was referred to the
International Relations Committee on January 6, 2005. On April 13, 2005,
the Subcommittee on Middle East and Central Asia marked up and forwarded
the bill to the full committee by voice vote. On March 15, 2006, the
full committee marked up and ordered the bill reported to the full House
by a vote of 37-3.

**[Administration Position]{.underline}**: Although no official
Statement of Administration Policy is available for H.R. 282, the delay
in moving this bill through the legislative process was widely
attributed to Administration concerns. Reportedly, such concerns have
been lifted.

**[Cost to Taxpayers]{.underline}**: CBO estimates that the bill would
authorize \$15 million in FY2006 and a total of \$95 million over the
FY2006-FY2010 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes---one private-sector
mandate. The bill would require

managers of pension plans and mutual funds to notify investors if their
plans or funds are

invested in firms that have invested more than \$20 million in Iran's
energy sector.

**[Constitutional Authority]{.underline}**: A committee report citing
constitutional authority is unavailable.

**[Outside Organizations]{.underline}**: Groups like the Republican
Jewish Coalition and the American Israel Public Affairs Committee
(AIPAC) are strongly supporting this legislation.

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

\###