[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1933 Reported in Senate (RS)]
Calendar No. 449
113th CONGRESS
2d Session
S. 1933
[Report No. 113-203]
To impose sanctions with respect to foreign persons responsible for
gross violations of internationally recognized human rights, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 15, 2014
Mr. Cardin (for himself, Mr. McCain, Mr. Levin, Mr. Wicker, Mr. Durbin,
Mr. Blumenthal, Mrs. Shaheen, Mr. Markey, Mr. Rubio, Mr. Kirk, and Mr.
Coons) introduced the following bill; which was read twice and referred
to the Committee on Foreign Relations
June 26, 2014
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To impose sanctions with respect to foreign persons responsible for
gross violations of internationally recognized human rights, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Global Human Rights
Accountability Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Armed Services, the
Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives; and</DELETED>
<DELETED> (B) the Committee on Armed Services, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the
Committee on the Judiciary of the Senate.</DELETED>
<DELETED> (2) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 5312
of title 31, United States Code.</DELETED>
<DELETED> (3) Foreign person.--The term ``foreign person''
means a person that is not a United States person.</DELETED>
<DELETED> (4) Person.--The term ``person'' means an
individual or entity.</DELETED>
<DELETED> (5) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen or an alien
lawfully admitted for permanent residence to the United
States; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR
GROSS VIOLATIONS OF HUMAN RIGHTS.</DELETED>
<DELETED> (a) In General.--Not later than 120 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of each foreign person that
the President determines, based on credible information--</DELETED>
<DELETED> (1) is responsible for extrajudicial killings,
torture, or other gross violations of internationally
recognized human rights committed against individuals in any
foreign country seeking--</DELETED>
<DELETED> (A) to expose illegal activity carried out
by government officials; or</DELETED>
<DELETED> (B) to obtain, exercise, defend, or
promote internationally recognized human rights and
freedoms, such as the freedoms of religion, expression,
association, and assembly, and the rights to a fair
trial and democratic elections; or</DELETED>
<DELETED> (2) acted as an agent of or on behalf of a foreign
person in a matter relating to an activity described in
paragraph (1).</DELETED>
<DELETED> (b) Updates.--The President shall submit to the
appropriate congressional committees an update of the list required by
subsection (a) as new information becomes available.</DELETED>
<DELETED> (c) Form.--</DELETED>
<DELETED> (1) In general.--The list required by subsection
(a) shall be submitted in unclassified form.</DELETED>
<DELETED> (2) Exception.--The name of a foreign person to be
included in the list required by subsection (a) may be
submitted in a classified annex only if the President--
</DELETED>
<DELETED> (A) determines that it is vital for the
national security interests of the United States to do
so;</DELETED>
<DELETED> (B) uses the annex in a manner consistent
with congressional intent and the purposes of this Act;
and</DELETED>
<DELETED> (C) not later than 15 days before
submitting the name in a classified annex, provides to
the appropriate congressional committees notice of, and
a justification for, including or continuing to include
each person in the classified annex despite any
publicly available credible information indicating that
the person engaged in an activity described in
paragraph (1) or (2) of subsection (a).</DELETED>
<DELETED> (3) Consideration of certain information.--In
preparing the list required by subsection (a), the President
shall consider--</DELETED>
<DELETED> (A) information provided by the
chairperson and ranking member of each of the
appropriate congressional committees; and</DELETED>
<DELETED> (B) credible information obtained by other
countries and nongovernmental organizations that
monitor violations of human rights.</DELETED>
<DELETED> (4) Public availability.--The unclassified portion
of the list required by subsection (a) shall be made available
to the public and published in the Federal Register.</DELETED>
<DELETED> (d) Removal From List.--A foreign person may be removed
from the list required by subsection (a) if the President determines
and reports to the appropriate congressional committees not later than
15 days before the removal of the person from the list that--</DELETED>
<DELETED> (1) credible information exists that the person
did not engage in the activity for which the person was added
to the list;</DELETED>
<DELETED> (2) the person has been prosecuted appropriately
for the activity in which the person engaged; or</DELETED>
<DELETED> (3) the person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activities in which the person engaged, and
has credibly committed to not engage in an activity described
in paragraph (1) or (2) of subsection (a).</DELETED>
<DELETED> (e) Requests by Chairperson and Ranking Member of
Appropriate Congressional Committees.--</DELETED>
<DELETED> (1) In general.--Not later than 120 days after
receiving a written request from the chairperson and ranking
member of one of the appropriate congressional committees with
respect to whether a foreign person meets the criteria for
being added to the list required by subsection (a), the
President shall submit a response to that chairperson and
ranking member of the committee with respect to the status of
the person.</DELETED>
<DELETED> (2) Form.--The President may submit a response
required by paragraph (1) in classified form if the President
determines that it is necessary for the national security
interests of the United States to do so.</DELETED>
<DELETED> (3) Removal.--</DELETED>
<DELETED> (A) In general.--If the President removes
from the list required by subsection (a) a foreign
person that has been placed on the list at the request
of the chairperson and ranking member of one of the
appropriate congressional committees, the President
shall provide the chairperson and ranking member with
any information that contributed to the removal
decision.</DELETED>
<DELETED> (B) Form of information.--The President
may submit the information requested by subparagraph
(A) in classified form if the President determines that
it is necessary to the national security interests of
the United States to do so.</DELETED>
<DELETED> (f) Nonapplicability of Confidentiality Requirement With
Respect to Visa Records.--The President shall publish the list required
by subsection (a) without regard to the requirements of section 222(f)
of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect
to confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.</DELETED>
<DELETED>SEC. 4. INADMISSIBILITY OF CERTAIN INDIVIDUALS.</DELETED>
<DELETED> (a) Ineligibility for Visas.--An individual who is a
foreign person on the list required by section 3(a) is ineligible to
receive a visa to enter the United States and ineligible to be admitted
to the United States.</DELETED>
<DELETED> (b) Current Visas Revoked.--The Secretary of State shall
revoke, in accordance with section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of
an individual who would be ineligible to receive such a visa or
documentation under subsection (a).</DELETED>
<DELETED> (c) Waiver for National Security Interests.--</DELETED>
<DELETED> (1) In general.--The Secretary of State may waive
the application of subsection (a) or (b) in the case of an
individual if--</DELETED>
<DELETED> (A) the Secretary determines that such a
waiver--</DELETED>
<DELETED> (i) is necessary 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, or other
applicable international obligations of the
United States; or</DELETED>
<DELETED> (ii) is in the national security
interests of the United States; and</DELETED>
<DELETED> (B) before granting the waiver, the
Secretary provides to the appropriate congressional
committees notice of, and a justification for, the
waiver.</DELETED>
<DELETED> (2) Timing for notice of certain waivers.--In the
case of a waiver under subparagraph (A)(ii) of paragraph (1),
the Secretary shall submit the notice required by subparagraph
(B) of that paragraph not later than 15 days before granting
the waiver.</DELETED>
<DELETED> (d) Regulatory Authority.--The Secretary of State shall
prescribe such regulations as are necessary to carry out this
section.</DELETED>
<DELETED>SEC. 5. FINANCIAL MEASURES.</DELETED>
<DELETED> (a) Freezing of Assets.--</DELETED>
<DELETED> (1) In general.--The President shall exercise all
powers granted by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) (except that the requirements of
section 202 of such Act (50 U.S.C. 1701) shall not apply) to
the extent necessary to freeze and prohibit all transactions in
all property and interests in property of a foreign person on
the list required by section 3(a) of this Act 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.</DELETED>
<DELETED> (2) Exception.--Paragraph (1) shall not apply to
foreign persons included on the classified annex under section
3(c)(2) if the President determines that such an exception is
vital to the national security interests of the United
States.</DELETED>
<DELETED> (b) Waiver for National Security Interests.--The Secretary
of the Treasury may waive the application of subsection (a) if the
Secretary--</DELETED>
<DELETED> (1) determines that such a waiver is in the
national security interests of the United States; and</DELETED>
<DELETED> (2) not later than 15 days before granting the
waiver, provides to the appropriate congressional committees
notice of, and a justification for, the waiver.</DELETED>
<DELETED> (c) Enforcement.--</DELETED>
<DELETED> (1) Penalties.--A person that violates, attempts
to violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section 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.</DELETED>
<DELETED> (2) Requirements for financial institutions.--Not
later than 120 days after the date of the enactment of this
Act, the Secretary of the Treasury shall prescribe regulations
requiring each financial institution that is a United States
person and has within its possession or control assets that are
property or interests in property of a foreign person on the
list required by section 3(a) to certify to the Secretary that,
to the best of the knowledge of the financial institution, the
financial institution has frozen all assets within the
possession or control of the financial institution that are
required to be frozen pursuant to subsection (a).</DELETED>
<DELETED> (d) Regulatory Authority.--The Secretary of the Treasury
shall issue such regulations, licenses, and orders as are necessary to
carry out this section.</DELETED>
<DELETED>SEC. 6. REPORT TO CONGRESS.</DELETED>
<DELETED> Not later than one year after the date of the enactment of
this Act, and annually thereafter, the Secretary of State and the
Secretary of the Treasury shall each submit to the appropriate
congressional committees a report on--</DELETED>
<DELETED> (1) the actions taken to carry out this Act,
including--</DELETED>
<DELETED> (A) the number of foreign persons added to
or removed from the list required by section 3(a)
during the year preceding the report, the dates on
which those persons were added or removed, and the
reasons for adding or removing those persons;
and</DELETED>
<DELETED> (B) if few or no persons have been added
to that list during that year, the reasons for not
adding more persons to the list; and</DELETED>
<DELETED> (2) efforts by the executive branch to encourage
the governments of other countries to impose sanctions that are
similar to the sanctions imposed under this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Magnitsky Human Rights
Accountability Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Person.--The term ``person'' means an individual or
entity.
(4) 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. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines, based on credible evidence--
(1) is responsible for extrajudicial killings, torture, or
other gross violations of internationally recognized human
rights committed against individuals in any foreign country who
seek--
(A) to expose illegal activity carried out by
government officials; or
(B) to obtain, exercise, defend, or promote
internationally recognized human rights and freedoms,
such as the freedoms of religion, expression,
association, and assembly, and the rights to a fair
trial and democratic elections;
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1);
(3) is a government official, or a senior associate of such
an official, that is responsible for, or complicit in,
ordering, controlling, or otherwise directing, acts of
significant corruption, including the expropriation of private
or public assets for personal gain, corruption related to
government contracts or the extraction of natural resources,
bribery, or the facilitation or transfer of the proceeds of
corruption to foreign jurisdictions; or
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, an activity described in paragraph (3).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Inadmissibility to united states.--In the case of a
foreign person who is an individual--
(A) ineligibility to receive a visa to enter the
United States or to be admitted to the United States;
or
(B) if the individual has been issued a visa or
other documentation, revocation, in accordance with
section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--
(A) In general.--The blocking, in accordance with
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), of all transactions in all
property and interests in property of a foreign person
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.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(c) Consideration of Certain Information in Imposing Sanctions.--In
determining whether to impose sanctions under subsection (a), the
President shall consider--
(1) information provided by the chairperson and ranking
member of each of the appropriate congressional committees; and
(2) credible information obtained by other countries and
nongovernmental organizations that monitor violations of human
rights.
(d) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one of the
appropriate congressional committees with respect to whether a foreign
person has engaged in an activity described in subsection (a), the
President shall--
(1) determine if that person has engaged in such an
activity; and
(2) submit a report to the chairperson and ranking member
of that committee with respect to that determination that
includes--
(A) a statement of whether or not the President
imposed or intends to impose sanctions with respect to
the person; and
(B) if the President imposed or intends to impose
sanctions, a description of those sanctions.
(e) Waiver for National Security Interests.--The President may
waive the application of sanctions under this section with respect to a
person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) before granting the waiver, submits to the appropriate
congressional committees notice of, and a justification for,
the waiver.
(f) Exception to Comply With United Nations Headquarters
Agreement.--Sanctions under subsection (b)(1) shall not apply to an
individual if admitting the individual 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 of the United States.
(g) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of
subsection (b)(2) or any regulation, license, or order issued to carry
out subsection (b)(2) 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.
(h) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(1) credible information exists that the person did not
engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed; or
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a) in the future.
(i) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
SEC. 4. REPORTS TO CONGRESS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report that
includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions pursuant to section 3 during the
year preceding the submission of the report;
(2) a description of the type of sanctions imposed with
respect to each such person;
(3) the number of foreign persons with respect to which the
President--
(A) imposed sanctions under section 3(a) during
that year; and
(B) terminated sanctions under section 3(h) during
that year;
(4) the dates on which such sanctions were imposed or
terminated, as the case may be;
(5) the reasons for imposing or terminating such sanctions;
and
(6) a description of the efforts of the President to
encourage the governments of other countries to impose
sanctions that are similar to the sanctions authorized by
section 3.
(b) Form of Report.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Exception.--The name of a foreign person to be included
in the list required by subsection (a)(1) may be submitted in
the classified annex authorized by paragraph (1) only if the
President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this Act; and
(C) not later than 15 days before submitting the
name in a classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including the name in the classified annex despite
any publicly available credible information indicating
that the person engaged in an activity described in
section 3(a).
(c) Public Availability.--
(1) In general.--The unclassified portion of the report
required by subsection (a) shall be made available to the
public, including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the list
required by subsection (a)(1) without regard to the
requirements of section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or
refusal of visas or permits to enter the United States.
Calendar No. 449
113th CONGRESS
2d Session
S. 1933
[Report No. 113-203]
_______________________________________________________________________
A BILL
To impose sanctions with respect to foreign persons responsible for
gross violations of internationally recognized human rights, and for
other purposes.
_______________________________________________________________________
June 26, 2014
Reported with an amendment