Text: H.R.624 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in House (01/30/2015)

 
[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).
                                 <all>

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