[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 624 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 624
To impose sanctions with respect to foreign persons responsible for
gross violations of internationally recognized human rights, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2015
Mr. Smith of New Jersey (for himself and Mr. McGovern) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on the Judiciary, 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 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,
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 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
(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.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' includes torture or cruel, inhuman,
or degrading treatment or punishment, prolonged arbitrary
detention, causing the disappearance of persons by the
abduction and clandestine detention of those persons, other
flagrant denial of the right to life, liberty, or the security
of person.
(4) Person.--The term ``person'' means an individual or
entity.
(5) 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 shall impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines, based on credible information--
(1) is responsible for extrajudicial killings, torture, or
other gross violations of internationally recognized human
rights committed against individuals in any foreign country,
particularly those individuals 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) not later than 15 days prior to granting such a 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 BY PRESIDENT TO CONGRESS.
(a) In General.--
(1) In general.--The President shall submit to the
appropriate congressional committees an annual report that
includes--
(A) 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;
(B) a description of the type of sanctions imposed
with respect to each such person;
(C) the number of foreign persons with respect to
which the President--
(i) imposed sanctions under section 3(a)
during that year; and
(ii) terminated sanctions under section
3(h) during that year;
(D) the dates on which such sanctions were imposed
or terminated, as the case may be;
(E) the reasons for imposing or terminating such
sanctions; and
(F) 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.
(2) Dates for submission.--
(A) Initial report.--The President shall submit the
initial report required by this subsection not later
than 120 days after the date of the enactment of this
Act.
(B) Subsequent reports.--
(i) In general.--The President shall submit
each subsequent report required by this
subsection on December 10, or the first day
thereafter on which both Houses of Congress are
in session, of--
(I) the calendar year in which the
initial report is submitted if the
initial report is submitted before
December 10 of such calendar year; and
(II) each subsequent calendar year.
(ii) Congressional statement.--Congress
notes that December 10 of each calendar year
has been recognized in the United States and
internationally since 1950 as ``Human Rights
Day'' and thus the importance of December 10 of
each calendar year as the date of submission of
the subsequent reports required by this
subsection.
(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.--
(A) In general.--Subject to subparagraph (B), 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--
(i) determines that it is vital for the
national security interests of the United
States to do so; and
(ii) uses the annex in a manner consistent
with congressional intent and the purposes of
this Act.
(B) Additional information.--The President shall
include the following additional information in the
unclassified portion of the report required by
subsection (a) with respect to foreign persons whose
names are to be submitted in the classified annex
authorized by paragraph (1):
(i) The total number of such foreign
persons.
(ii) The total number of such foreign
persons who are individuals and the total
number of such foreign persons who are
entities.
(iii) In the case of--
(I) each such foreign person who is
an individual, the country of
citizenship of the foreign person; and
(II) each such foreign person that
is an entity, the country under whose
laws the entity is organized.
(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.
SEC. 5. REPORT BY COMPTROLLER GENERAL TO CONGRESS ON IMPLEMENTATION OF
THIS ACT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on
the following:
(1) A description and assessment of the process--
(A) to determine whether a foreign person has
engaged in an activity described in section 3(a) and
whether sanctions under section 3 should be imposed
with respect to the person; and
(B) to determine whether the identity of a foreign
person with respect to which the President has imposed
sanctions pursuant to section 3 should be classified.
(2) An assessment of the implementation of this Act.
(b) Consultation.--The Comptroller General shall consult with the
appropriate congressional committees and nongovernmental organizations
for purposes of preparing the report required by subsection (a).
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