[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4587 Placed on Calendar Senate (PCS)]
Calendar No. 410
113th CONGRESS
2d Session
H. R. 4587
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 2, 2014
Received
June 5, 2014
Read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To impose targeted sanctions on individuals responsible for carrying
out or ordering human rights abuses against the 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 Human Rights and
Democracy Protection Act''.
SEC. 2. DEFINITION.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on the Judiciary, and the
Committee on Ways and Means of the House of Representatives;
and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing and Urban Affairs, and the Committee on the
Judiciary of the Senate.
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 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
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 May 1, 2014, there have been 41 people killed, a
reported 60 cases of torture, over 100 injured, and many
oppressively 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 efforts by international and multilateral
organizations to advance the protection of human rights throughout the
Western Hemisphere, especially in Venezuela.
SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE IN VENEZUELA.
(a) In General.--The President shall impose the sanctions described
in subsection (b)(1)(A) and the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such Secretaries) shall
impose the sanctions described in subsection (b)(1)(B) with respect to
any person, including a current or former official of the Government of
Venezuela or a person acting on behalf of that Government, that the
President, or the Secretary of State or the Secretary of Homeland
Security (or a designee of one of such Secretaries), as the case may
be, determines--
(1) has perpetrated, or is responsible for ordering,
controlling, or otherwise directing, significant acts of
violence or serious human rights abuses in Venezuela against
individuals participating in protests in Venezuela that began
on February 12, 2014;
(2) has directed or ordered the arrest or prosecution of a
person primarily because of the person's legitimate exercise of
freedom of expression or assembly in relation to the protests
in Venezuela that began on February 12, 2014;
(3) has knowingly materially assisted, sponsored, or
provided significant financial, material, or technological
support for, or goods or services in support of, the commission
of acts described in paragraph (1) or (2) in relation to
protests in Venezuela that began on February 12, 2014; or
(4) has engaged in censorship against individuals or media
outlets disseminating information in relation to protests in
Venezuela that began on February 12, 2014.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--
(i) In general.--The exercise of all powers
granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and
prohibit all transactions in all property and
interests in property of a person determined by
the President to be subject to 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.
(ii) Exception.--
(I) In general.--The authority to
impose sanctions under clause (i) shall
not include the authority to impose
sanctions relating to the importation
of goods.
(II) Good defined.--In subclause
(I), the term ``good'' has the meaning
given that term in section 16 of the
Export Administration Act of 1979 (50
U.S.C. App. 2415) (as continued in
effect pursuant to the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.)).
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) knows or has reasonable grounds to
believe meets any of the criteria described in
subsection (a) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security (or a designee of one of such
Secretaries) shall revoke any visa or
other entry documentation issued to an
alien who meets any of the criteria
described in subsection (a), regardless
of when issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall
take effect immediately; and shall
automatically cancel any other valid
visa or entry documentation that is in
the alien's possession.
(2) Penalties.--A person that is subject to sanctions
described in paragraph (1)(A) shall be subject to the penalties
set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
an alien if admitting the alien into 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, or other applicable international obligations.
(c) Waiver.--The President may waive the application of sanctions
under subsection (b) with respect to a person if the President--
(1) determines that such a waiver is in the national
interests of the United States and on or before the date on
which the waiver takes effect, submits to the appropriate
congressional committees a notice of and justification for the
waiver; or
(2) determines that the conditions in Venezuela have
improved with regard to respect for peaceful protest and basic
human rights and on or before the date on which the waiver
takes effect, submits to the appropriate congressional
committees a notice of and justification for the waiver.
(d) Implementation Authority.--
(1) In general.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) for purposes of carrying out this section.
(2) Exception.--
(A) In general.--The authority to impose sanctions
under paragraph (1) shall not include the authority to
impose sanctions relating to the importation of goods.
(B) Good defined.--In subparagraph (A), the term
``good'' has the meaning given that term in section 16
of the Export Administration Act of 1979 (50 U.S.C.
App. 2415) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)).
(e) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(f) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Materially assisted.--The term ``materially assisted''
means the provision of assistance that is significant and of a
kind directly relevant to acts described in paragraph (1) or
(2) of subsection (a).
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
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(b) 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 knowingly 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 person
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.--
(i) In general.--Goods or technologies
described in this subparagraph are goods or
technologies that the President determines are
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.
(ii) Sensitive technology defined.--
(I) In general.--For purposes of
clause (i)(II), the term ``sensitive
technology'' means hardware, software,
telecommunications equipment, or any
other technology, that the President
determines is to be used specifically--
(aa) to restrict the free
flow of unbiased information in
Venezuela; or
(bb) to disrupt, monitor,
or otherwise restrict speech of
the people of Venezuela.
(II) 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 or prohibit pursuant to
section 203(b)(3) of the International
Emergency Economic Powers Act (50
U.S.C. 1702(b)(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--
(A) the President determines that the person is no
longer engaging in, or has taken significant credible
steps toward stopping (including winding down contracts
or other agreements that were in effect prior to the
date of the enactment of this Act) 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 new
activity described in such paragraph (2).
(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 site of
the Department of State.
(c) Waiver.--The President may waive the application of sanctions
described in section 5(b) with respect to a person on the list required
under subsection (b) of this section if the President--
(1) determines that such a waiver is in the national
interests of the United States and on or before the date on
which the waiver takes effect, submits to the appropriate
congressional committees a notice of and justification for the
waiver; or
(2) determines that the conditions in Venezuela have
improved with regard to respect for peaceful protest and basic
human rights and on or before the date on which the waiver
takes effect, submits to the appropriate congressional
committees a notice of and justification for the waiver.
(d) Implementation Authority.--
(1) In general.--The President may exercise all authorities
provided under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to
carry out this section.
(2) Exception.--
(A) In general.--The authority to impose sanctions
under paragraph (1) shall not include the authority to
impose sanctions relating to the importation of goods.
(B) Good defined.--In subparagraph (A), the term
``good'' has the meaning given that term in section 16
of the Export Administration Act of 1979 (50 U.S.C.
App. 2415) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)).
SEC. 7. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS
TO INFORMATION.
Not later than 120 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
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a comprehensive strategy
that is classified to the extent necessary to--
(1) assist the people of 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 advocates in Venezuela;
(3) provide resources for digital 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 access to uncensored sources of local news and
information using all available and effective mediums of
communication, especially through platforms that leverage
public-private partnerships;
(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. 8. COMPREHENSIVE STRATEGY TO ENCOURAGE VENEZUELA TO ABIDE BY THE
PRINCIPLES ENSHRINED IN THE INTER-AMERICAN DEMOCRATIC
CHARTER.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of State shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a comprehensive strategy outlining how the
United States is supporting the citizens of Venezuela in seeking--
(1) free, fair, and transparent elections--
(A) conducted with the presence of internationally
recognized observers; and
(B) in which--
(i) all parties are permitted ample time to
organize and campaign for such elections; and
(ii) all candidates are permitted equitable
access to the media;
(2) basic civil liberties and human rights, including
access to and support for nongovernmental organizations in such
activities;
(3) establishment of independent judiciaries and electoral
councils; and
(4) development of an independent civil society with the
capacity to advocate on behalf of constituents.
SEC. 9. 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. 10. AUTHORIZATION OF APPROPRIATIONS FOR ASSISTANCE TO SUPPORT
CIVIL SOCIETY IN VENEZUELA.
There is authorized to be appropriated to the United States Agency
for International Development for fiscal year 2015 not less than
$5,000,000 to provide assistance to civil society in Venezuela.
SEC. 11. OFFSET.
Section 102(a) of the Enhanced Partnership with Pakistan Act of
2009 (22 U.S.C. 8412(a); Public Law 111-73; 123 Stat. 2068) is amended
by striking ``$1,500,000,000'' and inserting ``$1,493,000,000''.
SEC. 12. SUNSET.
This Act shall cease to be effective beginning on the date that is
2 years after the date of the enactment of this Act.
Passed the House of Representatives May 28, 2014.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 410
113th CONGRESS
2d Session
H. R. 4587
_______________________________________________________________________
AN ACT
To impose targeted sanctions on individuals responsible for carrying
out or ordering human rights abuses against the citizens of Venezuela,
and for other purposes.
_______________________________________________________________________
June 5, 2014
Read twice and placed on the calendar