[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4229 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4229
To seek international sanctions against the Government of Venezuela
with respect to foreign persons responsible for or complicit in
ordering, controlling, or otherwise directing, the commission of
serious human rights abuses against citizens of Venezuela, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2014
Ms. Ros-Lehtinen (for herself, Mr. Diaz-Balart, Mr. Sires, Mr. Salmon,
Ms. Wasserman Schultz, Mr. DeSantis, Mr. Deutch, Mr. Garcia, Mr.
Bilirakis, and Ms. Frankel of Florida) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on the Judiciary, Ways and Means, and Financial
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To seek international sanctions against the Government of Venezuela
with respect to foreign persons responsible for or complicit in
ordering, controlling, or otherwise directing, the commission of
serious human rights abuses against citizens of Venezuela, and for
other purposes.
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 ``Venezuelan Liberty and Democratic
Solidarity Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Sensitive technology.--
(A) In general.--The term ``sensitive technology''
means hardware, software, telecommunications equipment,
or any other technology that the President determines
is to be used specifically to--
(i) restrict the free flow of unbiased
information; or
(ii) disrupt, monitor, or otherwise
restrict freedom of speech.
(B) Exception.--The term ``sensitive technology''
does not include information or informational materials
the exportation of which the President does not have
the authority to regulate.
SEC. 3. FINDINGS.
Congress finds the following--
(1) On February 12, 2014, also known in Venezuela as the
National Youth Day, students began protesting in several cities
against Venezuelan leader Nicolas Maduro's inability to stem
violent crime, his undemocratic actions, and a rapidly
deteriorating economy marked by high inflation and shortages of
consumer goods.
(2) On February 12, 2014, a judge issued an arrest warrant
for Leopoldo Lopez, leader of the opposition party Voluntad
Popular, for unfounded allegations in connection with the
student protests.
(3) On February 17, 2014, the Government of Venezuela
notified the United States Department of State that it had
declared 3 consular officers at the United States Embassy in
Venezuela personae non gratae.
(4) On February 18, 2014, opposition leader Leopoldo Lopez
turned himself in to Venezuelan authorities, was arrested, and
unjustly charged with criminal incitement, conspiracy, arson,
and intent to damage property.
(5) Leopoldo Lopez is currently being held in a prison at a
military facility.
(6) Nongovernmental human rights organizations have alleged
that the charges brought against Leopoldo Lopez appear to be a
politically motivated attempt to silence dissent in the
country.
(7) As of March 13, 2014, there have been 24 people killed,
over 100 injured, and many persons unjustly detained in
relation to pro-democracy demonstrations throughout Venezuela.
(8) On February 19, 2014, President Obama criticized the
Government of Venezuela for arresting protesters, called for
their release, and urged the government to focus on the
``legitimate grievances of the Venezuelan people''.
(9) According to the Department of State's Country Reports
on Human Rights Practices for 2013 for Venezuela, ``The
principal human rights abuses reported during the year included
corruption, politicization in the judicial system, and
government actions to impede freedom of expression and restrict
freedom of the press. The government did not respect judicial
independence or permit judges to act according to the law
without fear of retaliation. The government used the judiciary
to intimidate and selectively prosecute political, union,
business, and civil society leaders who were critical of
government policies or actions. The government harassed and
intimidated privately owned television stations, other media
outlets, and journalists throughout the year, using threats,
fines, property seizures, targeted regulations, arrests, and
criminal investigations and prosecutions.''.
(10) According to the Department of State's Country Reports
on Human Rights Practices for 2013 for Venezuela, ``The
following human rights problems were reported by NGOs, the
media, and in some cases the government itself: unlawful
killings, including summary killings by police elements;
torture and other cruel, inhumane, or degrading treatment;
harsh and life-threatening prison conditions and lack of due
process rights that contributed to widespread violence, riots,
injuries, and deaths in prisons; inadequate juvenile detention
centers; arbitrary arrests and detentions; corruption and
impunity in police forces; political prisoners; interference
with privacy rights; corruption at all levels of government;
threats against domestic NGOs; violence against women; anti-
Semitism in the official media; trafficking in persons;
violence based on sexual orientation and gender identity; and
restrictions on workers' right of association.''.
(11) According to Freedom House's Freedom in the World
report of 2013 on Venezuela, ``Nicolas Maduro, further weakened
the independent media, reduced the opposition's ability to
serve as a check on government policy, and made threats to
civil society groups.''.
SEC. 4. ACTIONS AT THE ORGANIZATION OF AMERICAN STATES.
The Secretary of State shall direct the United States Permanent
Representative to the Organization of American States to use the voice,
vote, and influence of the United States at the Organization of
American States to defend and protect the Inter-American Democratic
Charter, and strengthen the independent Inter-American Commission on
Human Rights to advance the protection of human rights throughout the
Western Hemisphere, especially in Venezuela.
SEC. 5. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE RESPONSIBLE
FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
CITIZENS OF VENEZUELA OR THEIR FAMILY MEMBERS.
(a) In General.--The President shall impose sanctions described in
subsection (c) with respect to each person on the list required by
subsection (b).
(b) List of Persons Who Are Responsible for or Complicit in Certain
Human Rights Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a list of persons who are
officials of the Government of Venezuela or persons acting on
behalf of the Government of Venezuela, who the President
determines, based on credible evidence, are responsible for or
complicit in, or responsible for ordering, controlling, or
otherwise directing, the commission of serious human rights
abuses against citizens of Venezuela or their family members.
(2) Updates of list.--The President shall transmit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of the
enactment of this Act; and
(B) as new information becomes available.
(3) Public availability.--The list required under paragraph
(1) shall be made available to the public and posted on the Web
sites of the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
under paragraph (1), the President may consider credible data
already obtained by other countries and nongovernmental
organizations, including organizations in Venezuela, that
monitor the human rights abuses of the Government of Venezuela.
(c) Sanctions Described.--The sanctions described in this
subsection are ineligibility for a visa to enter the United States and
sanctions pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), including blocking of property and
restrictions or prohibitions on financial transactions and the
exportation and importation of property, subject to such regulations as
the President may prescribe, including regulatory exceptions to permit
the United States to comply with the Agreement between the United
Nations and the United States of America regarding the Headquarters of
the United Nations, signed June 26, 1947, and entered into force
November 21, 1947, and other applicable international obligations.
(d) Termination of Sanctions.--The provisions of this section shall
terminate on the date on which the President determines and certifies
to the appropriate congressional committees that Venezuela has--
(1) unconditionally released all political prisoners and
opposition leaders;
(2) ceased violence, unlawful detention, torture, and abuse
of its citizens;
(3) cooperated fully with an independent investigation into
the killings, arrests, and abuse of peaceful political
activists and prosecuted the individuals responsible for such
killings, arrests, and abuse; and
(4) ceased infringing on freedom of expression and
attacking independent media.
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS
OR TECHNOLOGIES TO VENEZUELA THAT ARE LIKELY TO BE USED
TO COMMIT HUMAN RIGHTS ABUSES.
(a) In General.--The President shall impose sanctions described in
section 5(c) with respect to each person on the list required under
subsection (b) of this section.
(b) List.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a list of persons who the
President determines have knowingly engaged in an activity
described in paragraph (2) on or after such date of enactment.
(2) Activity described.--
(A) In general.--A person engages in an activity
described in this paragraph if the person--
(i) transfers, or facilitates the transfer
of, goods or technologies described in
subparagraph (C) to Venezuela, any entity
organized under the laws of Venezuela, or any
national of Venezuela, for use in or with
respect to Venezuela; or
(ii) provides services (including services
relating to hardware, software, and specialized
information, and professional consulting,
engineering, and support services) with respect
to goods or technologies described in
subparagraph (C) after such goods or
technologies are transferred to Venezuela.
(B) Applicability to contracts and other
agreements.--A person engages in an activity described
in subparagraph (A) without regard to whether the
activity is carried out pursuant to a contract or other
agreement entered into before, on, or after the date of
the enactment of this Act.
(C) Goods or technologies described.--Goods or
technologies described in this subparagraph are goods
or technologies that the President determines are
likely to be used by the Government of Venezuela or any
of the agencies or instrumentalities of the Government
of Venezuela (or by any other person on behalf of the
Government of Venezuela or any of such agencies or
instrumentalities) to commit serious human rights
abuses against the people of Venezuela, including--
(i) firearms or ammunition (as such terms
are defined in section 921 of title 18, United
States Code), rubber bullets, police batons,
pepper or chemical sprays, stun grenades,
electroshock weapons, tear gas, water cannons,
or surveillance technology; or
(ii) sensitive technology (as defined in
section 2(3)).
(3) Special rule to allow for termination of sanctionable
activity.--The President shall not be required to include a
person on the list required under paragraph (1) if the
President certifies in writing to the appropriate congressional
committees that--
(A) the person is no longer engaging in, or has
taken significant verifiable steps toward stopping, the
activity described in paragraph (2) for which the
President would otherwise have included the person on
the list; and
(B) the President has received reliable assurances
that such person will not knowingly engage in any
activity described in such paragraph (2) in the future.
(4) Updates of list.--The President shall transmit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of the
enactment of this Act; and
(B) as new information becomes available.
(5) Form of list; public availability.--
(A) Form.--The list required under paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
(B) Public availability.--The unclassified portion
of the list required under paragraph (1) shall be made
available to the public and posted on the Web sites of
the Department of the Treasury and the Department of
State.
SEC. 7. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN
CENSORSHIP OR OTHER RELATED ACTIVITIES AGAINST CITIZENS
OF VENEZUELA.
(a) In General.--The President shall impose sanctions described in
section 5(c) with respect to each person on the list required under
subsection (b) of this section.
(b) List of Persons Who Engage in Censorship.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a list of persons who the
President determines have engaged in censorship or other
activities with respect to Venezuela that--
(A) prohibit, limit, or penalize the exercise of
freedom of expression or assembly by citizens of
Venezuela; or
(B) limit access to print or broadcast media,
including the facilitation or support of intentional
frequency manipulation by the Government of Venezuela
or an entity owned or controlled by the Government of
Venezuela that would jam or restrict an international
signal.
(2) Updates of list.--The President shall transmit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of the
enactment of this Act; and
(B) as new information becomes available.
(3) Form of list; public availability.--
(A) Form.--The list required under paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
(B) Public availability.--The unclassified portion
of the list required under paragraph (1) shall be made
available to the public and posted on the Web sites of
the Department of the Treasury and the Department of
State.
SEC. 8. STATEMENT OF POLICY ON REDUCTION IN IMPORTATION OF PETROLEUM
AND PETROLEUM PRODUCTS OF VENEZUELAN ORIGIN.
(a) Findings.--Congress finds the following:
(1) On May 24, 2011, the United States Government decided
to impose sanctions on the state-owned oil company of Venezuela
called Petroleos de Venezuela (PDVSA) under the Iran Sanctions
Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note), for
delivering at least two cargoes of reformate to Iran between
December 2010 and March 2011, worth approximately $50,000,000.
(2) In 2012, Venezuela was the fourth largest foreign
supplier of crude oil to the United States.
(3) In 2012, the United States imported less barrels of
total crude oil than in 2005.
(4) According to the U.S. Energy Information
Administration, the United States imported approximately 24,000
barrels per day from Venezuela in 2013, compared to 29,000
barrels per day in 2012, a 17 percent decrease, and imports
from Venezuela have fallen by nearly half since 2004.
(b) Statement of Policy.--It should be the policy of the United
States to reduce petroleum imports from Venezuela in order to prevent
its leader Nicolas Maduro from using the profits from the sale of
petroleum to fund his regime's oppression and human rights violations
against the people of Venezuela, and to continue the existing downward
trend of petroleum imports from Venezuela.
SEC. 9. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS
TO INFORMATION.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State, in consultation with heads of other Federal
departments and agencies, as appropriate, shall submit to the
appropriate congressional committees a comprehensive strategy to--
(1) assist the people Venezuela to produce, access, and
share information freely and safely via the Internet;
(2) increase the capabilities and availability of secure
mobile and other communications through connective technology
among human rights and democracy activists in Venezuela;
(3) provide resources for digital safety training for media
and academic and civil society organizations in Venezuela;
(4) increase emergency resources for the most vulnerable
human rights advocates seeking to organize, share information,
and support human rights in Venezuela;
(5) expand surrogate radio, television, live stream, and
social network communications inside Venezuela;
(6) expand activities to safely assist and train human
rights, civil society, and democracy activists in Venezuela to
operate effectively and securely;
(7) expand access to proxy servers for democracy activists
in Venezuela; and
(8) discourage telecommunications and software companies
from facilitating Internet censorship by the Government of
Venezuela.
SEC. 10. COMPREHENSIVE STRATEGY TO ENSURE THAT VENEZUELA WILL UPHOLD
DEMOCRATIC PRINCIPLES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees a comprehensive strategy to ensure that the Government of
Venezuela will uphold--
(1) free, fair, and transparent elections--
(A) conducted under the supervision of
internationally recognized observers; and
(B) in which--
(i) opposition parties were permitted ample
time to organize and campaign for such
elections; and
(ii) all candidates were permitted full
access to the media;
(2) are showing respect for the basic civil liberties and
human rights of the citizens of Venezuela;
(3) are substantially moving toward a market-oriented
economic systems based on the right to own and enjoy property;
(4) are committed to making constitutional changes that
would ensure regular free and fair elections and the full
enjoyment of basic civil liberties and human rights by the
citizens of Venezuela; and
(5) have made demonstrable progress in establishing
independent judiciaries and electoral councils.
SEC. 11. STATEMENT OF POLICY ON POLITICAL PRISONERS.
It shall be the policy of the United States--
(1) to support efforts to research and identify prisoners
of conscience and cases of human rights abuses in Venezuela;
(2) to offer refugee status or political asylum in the
United States to political dissidents in Venezuela if requested
and consistent with the laws and national security interests of
the United States;
(3) to offer to assist, through the United Nations High
Commissioner for Refugees, with the relocation of such
political prisoners to other countries if requested, as
appropriate and with appropriate consideration for the national
security interests of the United States; and
(4) to publicly call for the release of Venezuelan country
dissidents by name and raise awareness with respect to
individual cases of Venezuelan country dissidents and prisoners
of conscience, as appropriate and if requested by the
dissidents or prisoners themselves or their families.
SEC. 12. SUPPORT FOR CIVIL SOCIETY IN VENEZUELA.
Of the amounts authorized to be appropriated for environmental
programs in Ecuador by the United States Agency for International
Development, $3,000,000 shall be made available for assistance to civil
society in Venezuela.
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